CONSERVATION COMMISSION/INLAND WETLANDS AND WATERCOURSES AGENCY
REGULAR MEETING – TUESDAY – JULY 20, 2004
SIMSBURY TOWN OFFICES – 7:30 P.M. – MAIN MEETING ROOM
I. CALL TO ORDER
Chairman Howard Beach, Jr. called the Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:30 p.m. in the Main Meeting Room at Simsbury Town Hall. The following members were present: Margery Winters, Richard Miller, Thomas Sharpless, William Nowak, John Yocom and Christopher Ursini, as well as other interested parties.
II. APPOINTMENT OF ALTERNATES
None.
III. PRESENTATION, DISCUSSION AND POSSIBLE VOTE
a) Application of Wiley and Alison Swain, for an Inlands Wetland Permit to construct an above ground swimming pool within an upland buffer area at 245 Stratton Brook Road.
Mrs. Swain was present to address the Board. She presented photos to the members of her backyard as it currently exists and explained that she would like to construct an above ground swimming pool.
Commissioner Nowak asked how far the proposed pool would be from the wetlands area and whether any soil would be disturbed during construction.
Commissioner Miller inquired as to whether fill would be needed and stated that due to the slight slope on the property, erosion sediment controls should be used so there is no flow down to the stream.
Commissioner Beach commented that if the pool needs to be drained, a professional pool company should be utilized in order to prevent any drainage to the stream. He also indicated any fill used be stabilized so the wetland area is not disturbed.
In response to the Commissioners’ comments, Mrs. Swain explained the pool is to be constructed approximately 60 feet from the stream in their backyard, sand will be brought in to level out the area and no other soils would be disturbed. She added that any remaining soil would be redistributed in the same area. Mrs. Swain indicated a retaining wall would be built at some point in the future.
A motion was made by Commissioner Miller that this is regulated activity by reason of filling within the upland review area to a wetland watercourse. The motion was seconded by Commissioner Nowak, and carried unanimously.
A motion was made by Commissioner Miller that this is not a significant activity because the potential impacts are well managed. The motion was seconded by Commissioner Nowak, and carried unanimously.
A motion was made by Commissioner Miller that the permit be granted on the grounds that there would be erosion sedimentation control through the use of silt fencing, hay bales or both during the construction phase and that any pool water be pumped offsite. The motion was seconded by Commissioner Nowak, and carried unanimously.
IV. PUBLIC HEARING
a) Application of Ensign Bickford Realty Corporation for an Inland Wetlands Permit for regulated activities associated with the proposed development of 182 homes within The Powder Forest at Bushy Hill Road and Stratton Brook Road.
The Announcement of Public Hearing was read by Commissioner Nowak.
Mr. T.J. Donahue, representing Ensign Bickford Realty Company, James Cohen of Environmental Planning Services, Chris Ferrero of Ferrero Hixon and Roy Seelye of Macchi Engineers were present to address the board. Dwight Merriam of Robinson & Cole and Tom Pedrotty, Bob Stevens and Mike Long of Ensign Bickford Realty were also present.
Mr. Donahue described the site at the corner of Stratton Brook Road and Bushy Hill Road in the Powder Forest. The site is 107 acres. The design and application process for this property has been ongoing for approximately 1½ years. A detailed market analysis was performed on behalf of Ensign Bickford Realty to obtain community input on this site. Over 500 responses were received and the market study results were clear that an active adult residential development community would be desired for this site. The market study revealed that those who would like to live in these units would prefer one floor living, single family detached housing, private streets and common interest ownership act covenants for their government. Preliminary hearings have taken place with the
Planning, Zoning, Design Review and Economic Development Commissions and applications are pending with the Planning and Zoning Commissions. The concept is to use 107 acres for 182 units. He stated the central woodland wetland is considered and honored as the central design feature of the entire development and the activities at or near the wetland areas are at a minimum. The community will have significant conservation easement protections provided by the condominium association rules and regulations.
Commissioner Nowak questioned as to whether this site was previously proposed for development to which Mr. Donahue responded it had been but the Town did not favor the proposal at the time.
Jim Cohen (wetland and soil scientist) of Environmental Planning Services distributed copies of Environmental Planning Services Wetland Inventory and Evaluation for The Powder Forest Proposed Active Adult Residential Development and presented an environmental overview of the site including the central wooded wetlands, the semi-permanent pond, the area proximate to Hazel Meadow Pond (a bog-like wetland and open water feature, just east of the site) and presented a wildlife and vegetation review.
He stated that the topography of the site is primarily rolling. The central woodland wetland is the headwater wetland for Second Brook and the largest wetland on the site. It provides moderate to high quality values for most wetland functions. In addition, there are four other isolated wetlands, three of which are located in the southwest corner of the site and provide low to moderate quality values for most wetland functions. The forth wetland is a semi-permanent pond classified as a three tier vernal pond which supports wood frogs in limited numbers. It has limited function and does not have a high conservation status. The plan proposes to protect the entire vernal pool envelope. Hazel Meadow Pond, which is an isolated wetland, is of greater ecological
significance and the design has taken considerable care to protect this sensitive resource.
Three types of vegetation occur on the site. The majority of the site consists of mixed hardward/coniferous forest, which has been logged to salvage timber affected by Wooly Adelgid.
Wildlife studies have been performed and further information is presented in detail in Environmental Planning Services’ report. Mr. Cohen stated the DEP was contacted to see if any state listed species are in the area. A search was conducted of the natural diversity database and resulted in a record for the Eastern Box Turtle. An extensive search of the site was performed and none were found. Because this site is a potential habitat for other State species, a search for these species was also conducted but none were found.
Chris Ferrero (landscape architect and planner) of Ferrero Hixon presented the topographic and environmental features of the sight and demonstrated the techniques and designs used by his team to create a plan that maximizes the natural and scenic character of the land and enables the creation of the planned community. He distributed four documents: Wetlands Overview (Level Spreader Locations), Wetlands Overview, Wetlands Crossing and Roadway Crossings. He explained that of the 107 acres, 12.4 acres are onsite wetlands and no wetlands will be disturbed on site with the exception of a 321 square foot area where a pedestrian footbridge will be constructed. The bridge is still being engineered but will be designed to cross the entire wetlands and constructed to minimize any disturbance to the wetland. The four substantial disturbances to the buffer area include Hazel Meadow Pond, the pedestrian bridge, the roadways from the uplands to the wetlands and the small amount of grading to
take place in backyards for walkout basements, level spreaders and detention basins. He stated the 182 units would be split into four small neighborhoods accessed by a central roadway system, which would not include units. Each neighborhood is proposed to have substantial open space and will be put into each yard. The density rate for this project is 1.8 units per acre.
He then addressed storm water management and described the soil on this site as containing a tremendous amount of gravel and explained the concept as one of recharge. Ground water percolation is being forced. He added that all roof leaders are tied into groups of four and five into gang drywell systems. Generally, the waters flow downhill into the wetlands. The concept is to create many sub watersheds to soak up this water and the water that remains, by time it gets to the roadway, is distributed to small points around the periphery of the wetland. The small level spreaders and detention basins represent the most significant disturbance to the wetlands. No buildings will be constructed within 100 feet of wetlands.
Hazel Meadow Pond is a very sensitive environment and the goal with respect to the pond is to maintain equilibrium. There will be a condominium association in place and Best Management Practices will be employed through that association. In addition, a swale system will be utilized to catch all of the water and transfer it into the Second Brook system. This system will help water quality. With respect to water quantity, the runoff from 28 roofs will be discharged at points along Hazel Meadow Pond to recharge the water quantity portion of the concept.
Two of the proposed roadways fall within the buffer zone. The concept is to develop the upper plateaus for neighborhoods and the keep the roadways in the lower areas and, at the same time, balance cuts and fills along the roadways in order to preserve trees on both sides of the road. The remaining buffer disturbances are associated with small amounts of grading in backyards to make walkout basements work, level spreaders and detention basins.
Mr. Ferrero concluded by describing how the site works topographically. The lowest points of the site are closest to the wetland. A large amount of water is being percolated into the ground through various systems. The remaining water must be distributed at an elevation than can accommodate an outflow pipe, pipe cover and a basin so that additional water is not added into the Second Brook system. Because of the grading situation, some of the basins go approximately half way into the wetland buffer.
Jim Cohen summarized the impacts on the wetland areas. Direct impacts include those resulting from filling, draining and vegetation removal within the wetlands and watercourses on the site. The project has been carefully laid out to avoid and minimize these impacts. The indirect impacts result from the construction and long-term operations of the facility. These indirect impacts will be minimized by the use of sediment and erosion control, the use of Best Management Practices and the installation of additional native plant materials to restore the areas that are regarded adjacent to woodlands. He indicated storm water management is addressed in detail in Environmental Planning Services’ report and will be managed adequately and controlled by the use of a variety of engineering
measures. Any surface water quality degradation, which may occur, will be addressed by the use of the storm water systems and Best Management Practices. He restated that the most sensitive area is Hazel Meadow. Extraordinary measures have been taken to protect this area. As several units are proposed for this area, all road and lawn run-off will be diverted away from this pond. In addition and to maintain flow, clean storm water from the rooftops will be collected and discharged. In addition, recommended restrictions and lawn maintenance specifications will be provided to the condominium association.
Commissioner Nowak inquired as to whether Schedule A was attached to the Application. Mr. Donahue explained that the site will be treated as single lot and developed into four neighborhoods. The development would be built in phases over a time period of four to five years.
In response to Commissioner Miller’s inquiry as to the technologies being used to achieve a storm water system which provides 80% removal of pollutants and solids, Roy Seelye of Macchi Engineers explained that if less than ten catch basins are being used, then the DEP prefers deep sumps (6 feet) be utilized and that is what is being proposed for this site, as well as the use of level spreaders and bio-basins. The soils on the site have a very high permeability rating, thereby limiting the collection point. All system piping will be 24” perforated pipe and will have two feet of stone around it. Most of the storm water will be recharged into the ground throughout the entire site before it gets to the discharge points. The catch basins with the deep sumps will be used to collect all of the
sediment. The concept is to simulate the natural hydrology of the site and the design is to replicate, as much as is possible, what is actually happening to the quality and quantity of runoff to minimize the impact on wetlands and buffer zone.
Commissioner Beach inquired as to whether there was any bioremediation at the level spreader areas to which Mr. Macchi responded none had been proposed. However, along the upland side of the road, proposed gas line swales with stone berms designed to collect residential roof runoff will allow additional discharge into the ground and will also collect any sediments in the runoff. All runoff in the area will be directed to Second Brook. Commissioner Miller inquired as to whether the flow and volume would be increased into Second Brook. Mr. Macchi responded that based on the infiltration system, the surface runoff will actually be reduced into Second Brook.
Mr. Macchi indicated the total watershed for Hazel Meadow Pond is approximately 60 acres and the site will only contribute a small portion to it. The roofs in the portion of the site next to Hazel Meadow Pond are being used to replicate and replenish the area that is being discharged into Second Brook. He stated it is critical to make sure the road sands and salts and the nutrients that may be applied to lawn areas do not get into Hazel Meadow Pond. A criss-crossing drainage system is being proposed in order to maintain quality and rate of runoff.
Commissioner Winter confirmed the site has Town water and sewer.
Commission Sharpless inquired as to whether the logging roads in the wetlands will be maintained as paths. Chris Ferraro explained that except where the logging roads abut the major roadway, the roads would be stone dust or mulch paths.
With Ensign Bickford’s presentation complete, Commissioner Beach began the Public Hearing portion of the meeting.
Cassandra Broadus-Garcia, Ph.D, of 10 Crescent Way read to the members a prepared personal communication addressed to the Commission wherein she described her reasons for choosing Simsbury for her home and shared a sampling of personal experiences with the wildlife near her home. She expressed her strong opposition to any construction on this site and is concerned it will put an essential wildlife corridor in jeopardy. She concluded by stating that it was her hope that community leaders, Ensign Bickford, developers, town officials and landowners consider their stewardship commitments to preserving Simsbury’s wildlife.
Nancy Scott of 143 Bushy Hill Road stated she has been a resident of Simsbury since 1984. She told the commission she is disturbed by the logging already taken place on the site and is concerned by the soil and wind disturbance it has caused and the change in bird activity near her home. She indicated that over the years she has seen many types of wildlife including bear, deer, reptiles and the Eastern Box Turtle. She is also concerned about the impact this construction will have on the migration pattern of birds in this area.
Conservation Commission/Inland Wetlands and Watercourses Agency Site Walk is scheduled for Saturday, August 28, 2004. Parties are to meet at the corner of Powder Forest Drive.
A motion was made by Commissioner Nowak to continue the Public Hearing until the next scheduled meeting in September, which is to take place after the site walk on August 28, 2004. The motion was seconded by Commissioner Miller, and carried unanimously.
V. AMENDMENT TO JULY 20, 2004 AGENDA
A motion was made by Commissioner Beach to add to the July 20, 2004 Agenda the Application of Christopher and Margaret Rice to construct a mudroom at 18 Blue Ridge Drive. The motion was seconded by Commissioner Sharpless, and carried unanimously.
a) Application of Christopher and Margaret Rice, for an Inlands Wetland Permit to construct a mudroom at 18 Blue Ridge Drive.
Mrs. Rice was present to address the Board. She explained she would like to construct a 12 x 18 mudroom to the rear of her existing garage and that this addition will impact the 100-foot regulated buffer zone by approximately two to four feet. The area is relatively flat, grassy and has a slight slope. The only impact this construction would have is some soil displacement in order to install support pilings.
A motion was made by Commissioner Sharpless that this is regulated activity by reason of construction in the upland review area to the wetland area. The motion was seconded by Commissioner Miller, and carried unanimously.
A motion was made by Commissioner Sharpless that this is not a significant activity because it appears to have very little potential to cause any harm to the wetland. The motion was seconded by Commissioner Miller, and carried unanimously.
A Motion was made by Commissioner Sharpless to grant a permit for the proposed activity under the condition that any disturbed soil be stabilized and that erosion sediment controls be utilized. The motion was seconded by Commissioner Miller, and carried unanimously.
VI. CORRESPONDENCE/ANNOUNCEMENTS
None.
VII. APPROVAL OF MINUTES of July 6, 2004
The July 6, 2004 minutes had not yet been received by the Committee.
At this point Commissioner Sharpless distributed to the Board three documents: “Lessons of Meadowood”, “Regulations Concerning the Development of Lands Previously Used in Agriculture – 1st DRAFT – July 15, 2004” and an internet article entitled “Contaminated Agricultural Land”. A general discussion followed regarding these documents and how they might be used in the future.
VIII. ADJOURNMENT
A motion was made by Commissioner Nowak to adjourn at 10:00 a.m. The motion was seconded by Commissioner Miller, and unanimously carried.
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