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CONSERVATION COMMISSION
INLAND WETLANDS AND WATERCOURSES AGENCY

JULY 18, 2000

REGULAR MEETING

I. CALL TO ORDER

Howard Beach, Jr., Chairman, called the Regular Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:35 P. M. in the Main Meeting Room of Simsbury Town Hall. The following members were present: Pierce Clayberger, William Nowak, Thomas Sharpless, Helene Wade, and John Yocom. Also present were Laurie Whitten, Conservation Officer, Lisa Arakelian, Commission Secretary, and other interested parties.

II. APPOINTMENT OF ALTERNATES

N/A

III. PRESENTATIONS - DISCUSSION AND POSSIBLE VOTE

A. Application of Casimer W. and Helen J. Nowobilski, owners, requesting a permit to conduct regulated activities associated with the installation of a pool and placement of fill within the 75-foot regulated area at 19 Hunting Ridge Drive

Withdrawn.

B. Application of Gordon V. Eck, owner, requesting a permit to conduct regulated activities associated with the placement of an above-ground pool at 102 Old Meadow Plain Road

Gordon Eck, owner, explained that he is requesting a permit to install an above-ground pool on his property. He stated that there is a stream running along the right side of his property and he is proposing to place the pool approximately 45 feet from the stream. Mr. Eck also stated that the only disturbance will be removal of a lawn and placement of a clay base for the pool.

Commissioner Sharpless asked Mr. Eck why he is proposing to use a clay base instead of sand. Mr. Eck replied that he was told by the company installing the pool that a clay base lasts longer and doesn't erode as much if there is a lot of rain.

Commissioner Sharpless asked Mr. Eck if he plans on ever draining the pool. Mr. Eck replied that he does not intend to drain the pool, only "winterize" it, i. e. a small amount of water will be "skimmed" from the top and pumped through a hose to the westerly side of the property (away from the stream), and the pool will be covered.

Commissioner Nowak asked where the water would flow if there was a tear in the outside of the pool. Mr. Eck replied that it would probably flow to the back of the property into the woods.

Commissioner Yocom asked why the pool cannot be placed outside of the 75-foot buffer. Mr. Eck replied that there is not enough room anywhere else.

Commissioner Winters asked how big the pool is. Mr. Eck answered that it is 24 feet in diameter.

Commissioner Nowak asked what Mr. Eck intends to do with the soil and grass he is removing. He replied that he will transfer it to the lawn in the front of the property.

Commissioner Nowak asked Ms. Whitten if she has visited the site. She replied that she had not.

A motion was made by Commissioner Sharpless that this is a regulated activity by reason of disturbance within the 75-foot buffer zone of a wetlands. Seconded by Commissioner Yocom and unanimously carried.

A motion was made by Commissioner Sharpless that this is not a significant activity since there will be minimal excavation and no discharging of water into a wetlands. Seconded by Commissioner Clayberger and unanimously carried.

A motion was made by Commissioner Sharpless to grant a permit for the activity as described, with the condition that the applicant follow the recommendations made by the Conservation Officer in her memo dated Jutly 20, 2000. Seconded by Commissioner Clayberger and unanimously carried.

C. Application of the Reverend Richard Russell, Pastor, requesting a permit to construct a 20' x 40' single-story wood frame shed with concrete foundation at St. Catherine of Siena, 265 Stratton Brook Road

Walter Jones appeared before the commission. Ms. Whitten stated that the site is extremely flat and she has no concerns about this application whatsoever.

Commissioner Nowak asked what the purpose of the shed will be. Mr. Jones replied that it will store large items like picnic tables, chairs, the manger scene, etc. Commissioner Nowak asked if any mechanized equipment will be stored there. Mr. Jones answered no.

Chairman Beach asked what will be done with the soil that is removed from the site. Mr. Jones replied that it will be used to grade around the shed when it is finished.

A motion was made by Commissioner Yocom that this is a regulated activity because it involves removal of soil within a regulated area. Seconded by Commissioner Sharpless and unanimously carried.

A motion was made by Commissioner Yocom that this is not a significant activity because the land is flat and all construction will take place in excess of 60 feet from the wetland, resulting in very little, if any, impact. Seconded by Commissioner Clayberger and unanimously carried.

A motion was made by Commissioner Yocom to grant the permit for the activity as proposed. Seconded by Commissioner Nowak and unanimously carried.

D. Application of Richard L. Sawitzke, Town Engineer, Town of Simsbury, requesting a permit to conduct regulated activities associated with the grading and seeding of fields at Parcels 3A, 3B, and 4 Hopmeadow Street (rear)

Richard Sawitzke, applicant/Town Engineer, distributed a site map and explained that he is requesting a permit for grading and establishment of turf for recreational fields. The three sites comprise approximately 14.5 acres and are bounded by Iron Horse Blvd. on the west, Town of Simsbury on the south and east, and Girard Bros. on the north. Parcel 3B, comprised of 8.003 acres, is covered by early and mid-successional woods and scrub and shrub areas, and was a former agricultural field, possibly for strawberries at one time. Parcel 4, comprised of 2.918 acres is an open, grassed field which has been mowed for hay and event parking. Parcel 3A, comprised of 3.3 acres, is occupied by a landscaping company and has been used in the past for a variety of commercial uses, including a construction yard and steel fabrication.

Mr. Sawitzke stated that, on October 15, 1997, the Iron Horse Boulevard Study Committee recommended Town acquisition of the site for a variety of active recreation uses.

Mr. Sawitzke went on to say that there are 2.95 acres of wetlands on the site. The wetland boundaries were delineated in the field and approved by this commission on November 20, 1990. The size of the total contiguous wetlands is approximately 220 acres. The wetlands involved with the application are an isolated area which are separated from the total contiguous wetlands and are characterized as meadow and seasonally-wet shrub areas.

Mr. Sawitzke explained that approximately 1.65 acres of wetlands consisting of Walpole loam will be disturbed for filling, grading and turf management. The soil removed will be strained and reused as a topsoil mix. Small storm water discharges will also occur at two locations within the disturbed wetlands. An existing cross culvert and drainage channel will be cleaned on the access road to the Town's abutting "Baker" property. Approximately 1.1 acres of meadow and .55 acres of scrub shrub will be altered, resulting in 55.9% of the on-site wetlands being disturbed. Surface runoff during construction will be controlled by erosion control fencing and hay bale dikes. Groundwater quality may actually be improved due to remediation required by the landowners.

Commissioner Wade asked if the town currently owns these parcels. Mr. Sawitzke replied that purchase of the properties is proposed and is contingent upon several permits being issued and any environmental remediation that might be required.

Mr. Sawitzke continued by stating that no adverse visual impacts are anticipated. The land area of parcel 3A will be improved by general clean-up and regrading. The planted and natural treed areas along Iron Horse Boulevard will be retained.

Chairman Beach asked if there is currently any standing water in the wetlands. Mr. Sawitzke answered that the area is currently dry and much of the soil is actually classified as non-wetland, but the mix of the soil is considered wetland soil.

Mr. Sawitzke stated that the small mammals inhabiting site 3B will be displaced to the extensive land area to the east, but no population impact is expected.

No long-term impacts are expected to occur on adjacent wetlands, watercourses, or abutting properties. .3 acres of bio-filtration and wetland plantings will be established in overland run-off areas, and managed, minimal fertilization methods will be utilized.

Mr. Sawitzke went on to say that several alternative sites were reviewed for the proposed activities, but this site was selected over others because its will have the least impact on wetlands and surrounding areas, and it allows for on-site parking.

Commissioner Wade asked if all three fields have to be together in the same location. Mr. Sawitzke replied that it is preferable to have them all together on this site because of the size of the events anticipated, anticipated maintenance costs involved if there were several sites, and the fact that this site is not close to any residential area, allowing the possibility of lighting the fields for night play at some point in the future.

Commissioner Wade asked if the three properties listed as alternatives considered in the application is a definitive list of options. Mr. Sawitzke replied that is a definitive list. Wade asked if rental property was considered. Sawitzke answered that the town has looked into renting property but found that, if the town does not own the land, the bond counsel will not authorize the town to use bonded town money to build fields. They also found that there were use limitations that would be difficult to overcome on rental properties.

Mr. Sawitzke stated that the total cost of the project will be approximately $395,000 and will take approximately 4 months to complete.

Commissioner Clayberger asked if most of the trees in the northern section of the property will be removed. Mr. Sawitzke replied that they would be clear cut.

Commissioner Wade asked if wetlands would be added to make up for the areas being eliminated. Mr. Sawitzke answered that the town is proposing to add wetland plantings and soil in the natural overland runoff areas and channels. He also stated that, at the commission's request, they could also add plantings and soils around the perimeter of the eastern slope. With these mitigation efforts, of the 1.65 acres of wetlands proposed to be disturbed, at least one acre (perhaps more) could be replaced.

Commissioner Nowak asked if there will be restrooms on-site. Mr. Sawitzke replied that renovations will be made to an existing building that currently contains restrooms.

Chairman Beach asked if a drainage pipe that had been discovered to be emitting a foul odor on the property was still there. Mr. Sawitzke replied that it is still there and may have to be removed, but then the issue of what to do with the water it is currently draining would have to be dealt with.

Commissioner Nowak stated that he would like to be able to visit the site and view the discharge pipe before he makes a decision on the application. Chairman Beach replied that, if the sellers have to perform any remediation of the site, their application would come before this commission and the commissioners would have an opportunity to view the site at that time.

A motion was made by Commissioner Clayberger to continue the meeting until August 1, 2000 at 7:30 P. M. Seconded by Commissioner Nowak and carried unanimously.

IV. PUBLIC HEARING - DISCUSSION AND POSSIBLE VOTE

A. Application of Betty G. Rangoon, owner, requesting a permit to conduct regulated activities to construct a single-family residence within the 75-foot regulated bufferfreview area at Lot #11-1, 52 Shingle Mill Road

Richard Case, attorney, reminded the commission that the town wetlands map had been amended by the commission to more accurately depict the wetlands on this site in May 1998, but the permit to conduct regulated activities on the site was denied by the commission in June 1998. He noted that the applicant has taken the comments made by the commissioners and members of the public at that time into consideration and is re-applying for a permit.

David Whitney, engineer, submitted revised site plans developed as a result of the staff memo dated July 20, 2000. He stated that there is .15 acres of wetlands, including a brook, at the front of the property, but none of the proposed activities will be taking place within the wetlands. The house, driveway, and associated cuts and grading will be approximately 30 feet from the wetlands soils and a minimum of 40 feet from the brook. Mr. Whitney also informed the commission that, in response to concerns voiced at the previous public hearing, the builder, Peter Rose, has designed a house specifically for this sloping lot. He explained that he is proposing a 4-foot retaining wall at the rear of the property to help assist with the grading on the site. The property will be on well and septic, which is expected to be approved by Farmington Valley Health District.

Mr. Whitney also stated that 8.7% of the site will be impervious area, increasing runoff to an existing culvert on the property by .2 cfs. He estimated the peak flow for a 100 year storm to the culvert on the site will be about 68 cfs. The capacity of the culvert is about 72 cfs. The site is not in the flood plain. It is in flood zone C, which is considered an area of minimal flooding. He is proposing three yard drains which will discharge into the existing 36" culvert. There will be no discharge from this site onto any neighboring sites.

Mr. Whitney reviewed the construction sequence, which included all six of the recommendations made by the Conservation Officer in her memo dated July 20, 2000. He added that the recommendations made by the Town Engineer in his memo dated July 17, 2000 will also be included in the construction sequence.

Commissioner Nowak asked how deep the deepest cut is that will be made into the slope. Mr. Whitney replied that it will be approximately 20 feet.

Mr. Whitney stated that he estimates that 1,850 cy of soil will be removed from the site, as opposed to 2,503 cy in the previous application, a reduction of 26%. It will take about 4-1/2 days to remove all the soil from the site.

Mr. Whitney reiterated that all of the recommendations made in the memos from the Conservation Officer and Town Engineer will be incorporated into the plan.

Henry Moeller, soil scientist, stated that he had performed the soil tests for the original plan in 1998. He performed more tests for this application and reported the upland soils at two borings to be of Merrimac fine sandy loam, underlain by coarse and medium sand. The deepest he could go with hand tools was approximately 50 inches. He stated that all the evidence, however, says that the soil material is essentially sand and gravel. Mr. Moeller stated that the wetlands are very well defined and function as a narrow flood plain. They had been impacted in the past with the construction of Shingle Mill Road and there is road drainage contributing water to the wetlands.

Mr. Moeller stated that, with excavation, a natural berm will be created next to the wetlands which water cannot go over. The natural berm will maintain all the existing vegetation. There will also be berms on the east and west sides so that water will not be able to flow from the disturbed area to neighboring properties.

Commissioner Nowak asked Mr. Moeller how he knows what type of soil is below the depth of 50 inches since that's as far as his borings went down. Mr. Moeller replied that he has taken the borings at different locations, at different elevations and the fact is that, at a lower elevation, he knows there are very deep deposits of sand and gravel material. Commissioner Nowak asked how the loose soils on the embankment will be stabilized after excavation in the event of a storm. Mr. Moeller answered that any erosion and sedimentation will be trapped in the depression at the base of the property.

Laurie Whitten noted that the Hartford County Soil Survey classifies the Merrimac soils as "good, porous sand and gravel road fill." She stated that it drains very easily and does not contain a lot of clay.

Dean Johnson, landscape architect, described the landscape plan. He is proposing evergreen plantings at the edge of the clearing on the west and east sides, with broadleaf plantings in front of them. A small lawn area will surround the house.

Commissioner Nowak asked if there is a schedule for tree removal. Mr. Case replied that Peter Rose, the builder, will address that.

Peter Rose stated that he has been building on this type of sloping lot for years. He said that clearing of trees would all be done at one time.

Chairman Beach asked how long it will take from the time of clear cutting until topsoil will be brought in. Mr. Rose replied that it will be one month.

Commissioner Wade stated that she wants to see the site again to see the proposed plan laid out.

Chairman Beach opened the hearing to public comment.

Lisa Duncan, 50 Shingle Mill Road, expressed her belief that the potential detriment to the wetlands is significant as a result of this project. She also thought that the proposed driveway seems much closer to the wetlands than in the previous application. Mrs. Duncan stated that she doesn't see where this application has changed much from the previous application and she doesn't believe that any construction should be taking place above such a delicate wetlands.

Jo Nol, 59 Woodchuck Hill Road, expressed her concerns about noise, disturbance of the ecosystem, pollution, and wildlife.

Mel Ollestad, 38 Shingle Mll Road, stated that, if the existing culvert doesn't work as planned, his driveway will be washed out. He also asked what happens if the construction plan is abandoned after it's begun. He asked that there be outrageous fines proposed to ensure that this won't happen.

Ray Pepin, 66 Woodchuck Hill Road, expressed his concern that the rear yard has been dropped down to 457 feet. He speculated that 10 feet of the upper wetland boundary is proposed to be carved out. He is also concerned that so much activity is proposed to take place in the wetland buffer.

Paula Zeiner, 65 Woodchuck Hill Road, stated that she can no longer stock the pond on her property because of silt.

Jean Pepin, 66 Woodchuck Hill Road, expressed her distress at the prospect of building on this site because of the potential risk to the wetland and surrounding properties.

The commission scheduled a site walk for 6:00 P.M. on Tuesday, August 1, 2000.

A motion was made by Commissioner Nowak to continue the public hearing until 8: 15 P. M. on Tuesday, August 1, 2000. Seconded by Commissioner Clayberger and unanimously carried.

V. APPROVAL OF MINUTES

A motion was made by Commissioner Clayberger to approve the minutes of June 20, 2000 as presented. Seconded by Commissioner Sharpless and unanimously carried.

VI. ADJOURNMENT

A motion was made by Commissioner Clayberger to adjourn the meeting at 11:09 P. M. Seconded by Commissioner Nowak and unanimously carried.