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CONSERVATION COMMISSION
INLAND WETLANDS AND WATERCOURSES AGENCY

JULY 19, 2000

SPECIAL MEETING

I. CALL TO ORDER

Howard Beach, Jr., Chairman, called the Special Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:33 P. M. in the Main Meeting Room of Simsbury Town Hall. The following members were present: Andrew Bucknam, Pierce Clayberger, Richard Miller, William Nowak, Thomas Sharpless, Margery Winters, and John Yocom. Also present were Laurie Whitten, Conservation Officer, Lisa Arakelian, Commission Secretary, and other interested parties.

II. APPOINTMENT OF ALTERNATES

Chairman Beach appointed Margery Winters to serve for Helene Wade.

III. DISCUSSION AND POSSIBLE VOTE

A. Application of River Bend Associates, Inc. and Griffin Land & Nurseries, Inc. for a permit to conduct regulated activities in connection with "Meadowood" planned residential development, County Road, Hoskins Road, Holcomb Street, Firetown Road, and Barn Door Hills Road

Chairman Beach reviewed the proceedings as they have occurred thus far.

A motion was made by Commissioner Nowak to recess the meeting to allow time for the commissioners to review the prepared final motion. Seconded by Commissioner Sharpless and unanimously carried.

Chairman Beach asked the commissioners if they had any suggested revisions to the motion.

Commissioner Miller suggested a change to Page 7, first paragraph, last sentence to read, "...indemnification was not explained in detail and would protect ... "

Commissioner Miller also suggested a change to Page 8, paragraph ii, first sentence to read, "... to construct an paved, improved road...", same paragraph, last sentence to read, "... mortality from the increased vehicular traffic directed into this roadway as a result of this residential use, particularly at night when amphibians and other animals are most active."

Commissioner Sharpless suggested a change to Page 6, paragraph iv, last sentence to read, ". bioavailability of contaminants in the wetlands."

Commissioner Winters suggested a change to Page 7, paragraph vi. to read, "The standard erosion and sediment controls as described proposed(word deleted) by the Applicant ... "

Commissioner Yocom suggested an additional sentence be inserted on Page 7, paragraph ix., before the last sentence beginning, "The Applicant..." The additional sentence should read, "No attempt was made to evaluate any of these 12 processes on a laboratory or pilot scale." Commissioner Yocom expressed his opinion that the applicants should have evaluated alternative soil remediation methods in greater detail before making application.

The commissioners read the "Motion to Deny Application", as amended.

Chairman Beach suggested that a sentence be added on Page 5, paragraph iii, at the end of section (1), to read, "The commission is concerned that this increased pesticide mobility may also result in contaminant migration into the deeper groundwater and/or aquifers that underlie this site."

Commissioner Sharpless suggested a change to Page 5, paragraph iii, section (3), the first sentence to read, "Such disturbed topsoils are unlikely to support the manicured(word deleted) lawns proposed by the Applicant for many portions of the site."

Commissioner Sharpless also suggested a change to Page 6, paragraph v., first sentence to read, "The Applicant proposes to achieve site-wide consistency with an(word deleted) alternative pollutant mobility soil criteria set forth in the Remediation Standard Regulations."

Commissioner Yocom suggested a change to Page 7, paragraph ix., first sentence to read, "The Commission is unable to find, on the basis of the record, that there does(word deleted) do not exist a feasible and prudent alternatives to the Applicant's proposed soil mixing, seeding, removal, and replenishment regulated activities, which would cause less or no environmental impact to wetlands or watercourses."

A motion was made by Commissioner Clayberger that the permit be denied for the reasons described in the amended "Motion to Deny Application", dated July 19, 2000. Seconded by Commissioner Yocom and unanimously carried.

Chairman Beach read into the record the "Report to Zoning Commission and Planning Commission on Meadowood's Consistency With the General Design Standards for Land Use Activities in an Aquifer Protection Zone", dated July 19, 2000.

Commissioner Miller suggested a change to Page 2, third paragraph, final sentence to read, "The applicant should more closely consider alternatives to soil mixing, such as soil removal, capping, solid state chemical oxidation, soil washing, thermal desorption, and bioremediation."

Commissioner Miller also suggested a change to Page 3, first paragraph, final sentence to read, "The applicant's offer to obtain indemnification was not explained in detail and would protect only Meadowood unit owners, not the quality of the aquifer, nor the health of people exposed to pollutants migrating with groundwater that flows into wetlands and watercourses or wells used for irrigation, drinking or other purposes."

Attorney Bob Melvin suggested a change to Page 2, fourth paragraph, first sentence to read, "The Decision also notes that the applicant proposes to achieve site-wide consistency with an(word deleted) alternative pollutant mobility soil criteria set forth in the Remediation Standard Regulations."

Commissioner Winters suggested a change to Page 3, second paragraph, first sentence to read, "The development activities proposed at the site, including without limitation the construction of new impervious surface covering large portions of the site, will generally reduce recharge to the aquifers under the site; while, stormwater control measures and septic systems proposed for the site will result in localized increases in recharge for some areas."

A motion was made by Commissioner Miller to adopt the "Report to Zoning Commission and Planning Commission on Meadowood's Consistency With the General Design Standards for Land Use Activities in an Aquifer Protection Zone," dated July 19, 2000, as amended. Seconded by Commissioner Sharpless and unanimously carried.

Chairman Beach read into the record the "Motion to Make Findings Under Section 22A-19 of the General Statutes", dated July 19, 2000.

Commissioner Bucknam noted that the submission date of the motion was incorrect and should read May 19, 2000.

A motion was made by Commissioner Miller to adopt the "Motion to Make Findings Under Section 22A-19 of the General Statutes",as amended. Seconded by Commissioner Clayberger and unanimously carried.

IV. RECEIPT OF APPLICATIONS

A. 660 Hopmeadow Street and 100 Grist Mill Road

V. APPROVAL OF MINUTES

A. June 21, 2000

Commissioner Sharpless suggested an addition to Page 4, second paragraph, to read, "Sharpless asked if transport of chlordane through the gas phase was considered. Cura answered no."

Commissioner Sharpless also suggested that the reference to "EEB" on Page 7, second paragraph be changed to "EDB".

A motion was made by Commissioner Nowak to approve the minutes of the June 21, 2000 meeting, as amended. Seconded by Commissioner Clayberger and unanimously carried.

B. July 6, 2000

Commissioner Sharpless suggested a change to Page 1, first paragraph under Section III, second sentence to read, "He stated that he is particularly concerned about the carnivores, amphibians, and reptiles that will are supposed to use the "corridors" established if the application is approved."

Laurie Whitten stated that, on Page 10, sixth paragraph, the last name of John Yargo should be corrected to Wargo, and that, on the same page, eighth paragraph, the last name of Joe Pignoterro should be corrected to Pignataro.

A motion was made by Commissioner Clayberger to approve the minutes of the July 6, 2000 meeting, as amended. Seconded by Commissioner Yocom and unanimously carried.

VI. ADJOURNMENT

A motion was made by Commissioner Clayberger to adjourn the meeting at 9:15 P. M. Seconded by Commissioner Bucknam and unanimously carried.