CONSERVATION COMMISSION/INLAND WETLANDS
AND WATERCOURSES AGENCY MINUTES
REGULAR MEETING - TUESDAY, December 7, 2004
SIMSBURY TOWN OFFICES - 7:30 P.M. - MAIN MEETING ROOM
CALL TO ORDER
Commissioner Sharpless 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, William Nowak, John Yocom, Christopher Ursini, Andrew Bucknam.
APPOINTMENT OF ALTERNATES
None
PRESENTATION(s), DISCUSSION AND POSSIBLE VOTE
A. Application of Mark B. and Diane B. Tracy, Owners, H. John Hartwell, Jr., Inc., Applicant for an Inland Wetlands Permit for activities associated with the construction of a house within the regulated area on property located at 32R Old Farms Road.
Conservation Officer Beach noted the applicant asked to be put on the December 21, 2004 agenda.
A motion was made by Commissioner Bucknam hear the application at the December 21, 2004 meeting. Commissioner Nowak seconded, with all in favor.
B. Application of David Huscher, Owner, for an Inland Wetlands Permit for activities associated with grading within the regulated area on property located at 28 Saddle Ridge Drive.
Conservation Officer Beach stated the application first came as a complaint from a neighbor who believed Mr. Huscher was working too close to the wetland.
Mr. Huscher stated that the area of activity is within 100 yards of a wetland, which is a shrub/brush swamp. In the spring, he intends to regrade and landscape the side and back yard of his property and to plant fruit trees in the area. The existing elevations at 316 feet will be pulled down to about 300-310 feet, and the lower elevations, using the soil removed from the higher elevations, will be pulled up to 300 feet. Mr. Huscher stated there is already a 700-800 foot silt fence along the perimeter of the property to protect the wetlands from any erosion that might occur while soil is being moved. Mr. Huscher stated he has begun to cut down some of the trees in the area.
Commissioner Sharpless asked if soil testing had been done. Mr. Huscher said no, although he did mention he has been told that the soil is sandy on top.
Commissioner Nowak asked what percentage of the area will be disturbed, and what will be done with the tree stumps. Mr. Huscher explained that .75 acres will be disturbed. Concerning the stumps he said the stumps of the bottom of the hill will be left, the ones on the top will be pulled out, and those on the side will be covered.
Commissioner Sharpless asked if another soil will be put on top of the existing soil. Mr. Huscher said that he is waiting for a response from the excavator.
Commissioner Nowak asked if there are plans to bring in plantings. Mr. Huscher said he wants to plant apple trees along the far border nearer the wetlands, fruit trees along the edges, and some spruce on the top of the hill in order to visually separate his property from the neighbors.
Commissioner Winters asked about excess soil. Mr. Huscher said they would round off the edging if they had extra.
Commissioner Nowak asked if the Simsbury Land Conservation Trust was contacted about the project. They were notified, but they have not commented.
Commissioner Winters asked about the vegetation seen behind the driveway. Mr. Huscher said it is grass that he cuts himself.
Commissioner Miller asked about the staff comment which states, “Regrading of the eastern slope, where the trees have been cut, should be kept to a minimum, with the root systems in place.”
Conservation Officer Beach explained that the eastern slope is where the stumps are located. The stumps on the bottom will be kept where they are, but the ones on top can be removed. This is to keep grading away from the bottom of the hill.
Commissioner Winters asked about the beavers and deer being attracted to the fruit trees. Mr. Huscher said he has no problem with the animals coming to his yard.
Commissioner Miller asked if anyone from the public was present, as this began as a concern from a neighbor. Conservation Officer Beach said he called the neighbor to apprise him of the permit.
A motion was made by Commissioner Miller that this is a regulated activity by reason of filling and excavating being done within a regulated area.
The motion was seconded by Commissioner Winters, and carried unanimously.
A motion was made by Commissioner Miller that this is not significant activity because of the slopes in the area and proximity to the wetlands which is at the base of the slope, and the amount of excavation and filling that will occur in the area.
The motion was seconded by Commissioner Yocom, and carried unanimously.
A motion was made by Commissioner Miller that a public hearing is not required, as the neighbors have been notified and there hasn’t been indication of public interest in the project.
The motion was seconded by Commissioner Bucknam, and carried unanimously.
A motion was made by Commissioner Miller granting the permit based on the conditions as spelled out in the staff report. It is understood that the work is to be done in the spring, during as dry conditions as possible. The silt fence, as depicted on the Henry C. Cotton map dated 12/7/2004, is to be maintained and observed for any possible sedimentation or erosion that could occur downgrading into the wetland. Any temporary stockpiled topsoil, whether it is brought in or is excavated soil, will be stockpiled in a flat area away from the wetland.
The motion was seconded by Commissioner Winters, and carried unanimously.
C. Application of Arbur Associates, LLC, Owner, David A. Richman, Agent, for an Inland Wetlands Permit modification for activities associated with the construction of a storage facility on property located at 125R West Street
Conservation Officer Beach stated that Burr Associates came before the Commission and received approval for the detention basin for the first building, and now are coming before the Commission to add on the proposed storage facility to the same detention basin.
Mr. William Case, Atty, Case & Case Associates, David Burr, Arbor Holdings, and Mr. Alford were present to address the Commission.
Mr. Case explained that the existing building site was approved for a detention basin for water run off. The plan was to develop the entire parcel, and the design of the basin was made with this plan in mind. The run off will be controlled through a pipe under the roadway into the existing detention basin and then run off materials will be silted through to the wetland. He stated they are seeking a modification to the prior approved permit to allow the construction. No new construction will occur within the regulated area, all of the construction within the regulated area has already occurred at the site. Since there will be an impact to the detention basin, Mr. Case stated they believed it was a good idea to come in front of the board. The tree removal and excavation of the site will take place this winter, and
construction will take place in the spring. Approximately 15,000 yards of soil will be removed to flatten out the site.
Commissioner Ursini asked about the basin’s capacity. It was answered that the basin was built as if the whole parcel of land were in use. The existing building plus the new construction is within the detention basin’s maximum capacity. It was also confirmed that the basin will be able to handle a one-inch storm.
Commissioner Nowak asked about the existing building on the site. Mr. Case explained that there is currently a multi-use building, a yard, and parking.
Commissioner Nowak asked what percentage of the site the storage facility and parking take up. Mr. Burr answered they take up about 32.2% of the entire nine acre site, with 45 % being the maximum allowable.
Commissioner Ursini stated that the original run off basin and bio filter set up was designed for .42 ands is now at .432. He asked what the Commission is being asked to approve since it was previously approved and there is no activity within the regulated area. Conservation Officer Beach explained that he suggested they come in since it is an additional discharge to the wetlands, and there are some very steep banks, sandy soil, and some erosion control measures that need to be looked at.
Commissioner Ursini asked how much of the construction is within the 100-foot area. It was answered that none of it is. Commissioner Ursini stated it needs to be decided how to keep the construction disturbance from getting into the detention basin and pond. Mr. Case said they plan to install silt fencing.
Commissioner Yocom asked if anyone will be storing toxins, etc in their storage units. Mr. Case said no, clients will be prevented from doing so as written into their contracts.
Commissioner Miller asked about sump pumps. Mr. Case said they have a 2-inch sump pump. He stated they do not believe a larger one is needed, as there will not be a large amount of traffic through the site, given the type of business it is.
Conservation Officer Beach stated that staff would like to see an oil/water separator in the last chamber before it is churned into the wetlands, given that absolute control can’t be had over what people will store in their units.
Mr. Case said that they have 10 catch basins. They see no problem with putting in an oil separator on the last chamber.
Commissioner Winters asked how the top slope above the building is to be stabilized. Mr. Case stated it will be stabilized with natural grasses and trees. He noted that the Design Review Board had some very specific recommendations as to what should be planted.
Commissioner Miller asked how the site will be stabilized before any plantings are in. Mr. Burr stated that wood chips or stone on the rear bank will be used. He said the excavation of the steepest part will not take place until last phase of excavation. It was stated that the slope is a 2 to 1 slope.
Commissioner Winters asked the type of wetland found. Mr. Burr said there is no standing water, but there is wet soil with ferns. It is pine forest meaning it is sandy with good percolation.
Commissioner Miller asked about stockpiling. Mr. Burr informed him that the majority of the material will be removed. Their intention also is to silt fence the area to protect it.
Commissioner Nowak asked when the current developed property was approved. Conservation Officer Beach said it was in 1998.
Commissioner Winters asked what the discharge rates. Mr. Alford said there is not much infiltration, and that during a two inch storm the rate is 2.1. At full capacity it should be the same as it is now, because that is what it was designed for.
Commissioner Yocom asked if anti-tracking pads will be installed. Mr. Case said yes.
Commissioner Nowak asked if the right of way through Bushy Hill Road will be utilized. Mr. Case said no.
Commissioner Nowak asked about the application form with “within the regulated area,” as part of the title. Conservation Officer Beach said that there is one generic form for all applications.
A motion was made by Commissioner Nowak to amend the existing permit to allow the applicant the build a storage facility on the site. It is understood that the applicant will install a silt fence around the perimeter leading down towards the detention basin, add an oil separator to the drainage system leading into the detention basin, and use wood chips and crushed stone to temporarily stabilize the slope area. It is understood that the applicant will begin the excavation process starting at the front of the site and move towards the back of the site where the slopes are steepest, later in the project.
The motion was seconded by Commissioner Yocom, and carried unanimously.
D. Application of Berkshire Hardwoods, Inc., Agent for an Inland Wetlands Permit for activities associated with a selected harvest of trees and a stream crossing within the regulated area on property located at the Masters School, 36 Westledge Road.
Conservation Officer Beach stated he walked the site with Mr. Anderson, forester for Berkshire Hardwoods, to see the slopes, observe what techniques they will use and the type of stabilization used for the skidder trails. He also noted that there is no long-term negative impact to the land as the project is forest management.
Mr. Anderson showed on the map the three separate areas of for the harvest. There will be some ground disturbance by skidding the trees out. They will be installing silt fencing. Also a portable bridge will be erected to bring the trees over. He said they have begun harvesting on the eastern section, but the permit is for the stream crossing. Mr. Anderson stated that Rick Hauling from Massachusetts will do the logging.
Commissioner Yocom said there will be a lot of siltation into the stream. Conservation Officer Beach said there are very few trees coming down from the steep hillside. The idea is to use the cable as much as possible and cable the trees into a central spot, with staging taking place in one central area, so the whole hillside isn’t disturbed.
Commissioner Winters asked if the project is a thinning of the trees or a clearing of the hillside. The response was that it is a thinning, and is a very selective process. Some of the hemlock trees are coming out because of the effects of hemlock woolly adelgid. The pine trees will remain in order to help reseeding and establish regeneration throughout the area.
Commissioner Miller asked about the wetland area. It was determined that there is a vernal pool to the east of the hedgehog hiking trail, and a wetland area along the property line, and a pond to the north.
Conservation Officer Beach said that the pond functions as vernal pool with spotted salamanders and wood frogs seen in the area. He also noted that 100 feet away from the regulated area there will be no cutting, but the area 100-200 feet away will see some cutting. In this area they will keep the skidder outside of the 200-foot zone. Conservation Officer Beach explained that only the activity over the stream is a regulated activity.
Mr. Anderson explained the process of moving the two 5 foot wide 20-foot long bridge spans with the skidder. The skidder itself will be on the bridge. He explained that the soil is very stony and there is very little disturbance to the ground.
Commissioner Miller asked about installing hay bales around the skidder by the stream. Mr. Anderson said they have done that in the past. He said the area can be seeded, but Mr. Davis was unsure about introducing new grasses out there, so they might just put in straw.
Conservation Officer Beach said they might want to wait until February to log near the stream crossing, when the ground is frozen. Mr. Anderson said February would be too late, and the job can be done quickly. As well, it would be hard to manage the hill when it is solid ice.
Commissioner Winters asked if the abutters have been notified. Mr. Anderson said no, the list received by the Commission is simply a list of the abutters to the property.
Commissioner Nowak asked how much of the area west of the stream crossing will be forested. 8-12 acres will be forested. The whole site that is being harvested is approximately 40-50 acres.
Commissioner Miller asked if the hiking tails will be slashed. They responded they will be using the trail near woods road as a skid road, and that at the end of the project the trail will be graded, and left free of slash.
A motion was made by Commissioner Yocom that this is a regulated activity because it involves crossing a wetland and possibly disturbing a wetland and a watercourse.
The motion was seconded by Commissioner Miller, and carried unanimously.
A motion was made by Commissioner Yocom that this is a significant activity, by reason of the potential for causing erosion and siltation into the watercourse.
The motion was seconded by Commissioner Miller, and carried unanimously.
A motion was made by Commissioner Yocom that a public hearing is not required because the activity occurs within the area of Master’s School, the abutters are a distance away, and there has not been any indication of public interest in the activity.
The motion was seconded by Commissioner Bucknam, and carried unanimously.
A motion was made by Commissioner Yocom to grant a permit for the proposed activity with the condition that at the discretion of Mr. Beach, Conservation Officer, hay bales be placed around certain areas as needed.
The motion was seconded by Commissioner Miller, and carried unanimously.
DISCUSSION
Election (and possible vote) of Officers
Commissioner Yocom nominated Commissioner Miller as Chairman. Commissioner Nowak seconded.
Commissioner Bucknam moved that nominations be closed. Commissioner Yocom seconded.
Commissioner Miller elected as Chairman.
Commissioner Nowak nominated Commissioner Winters as Vice-Chairman. It was seconded
Commissioner Yocom moved that nominations be closed. Commissioner Ursini seconded.
Commissioner Winters elected as Chairman.
Commissioner Nowak is still the Commission Secretary.
All in favor of closing the nominations.
CORRESPONDENCE/ANNOUNCEMENTS
Conservation Officer Beach asked commission members to submit a formal resume of experience specifically noting expertise, training etc. This is needed in cases of public hearings or possible court challenges.
There is one wetland violation that Conservation Officer Beach is pursuing at 15 Hedgehog Lane. The owner has been bringing in truckloads of wood chips and has regraded the whole side yard, with it going into the wetland. He is issuing a letter to them. If the owners do not respond after 30 days there is a $1,000 fine. If they still don’t respond they can be arrested.
There is one application for next meeting for a house site on Ferry Lane.
APPROVAL OF MINUTES of September 7, 2004
Commissioner Nowak motioned to approve the September 7, 2004 with 2 corrections.
Commissioner Bucknam seconded, with all in favor.
A motion was made to close the meeting and move to executive session. Commissioner Winters seconded, with all in favor.
VII. EXECUTIVE SESSION- UPDATE ON MEADOWWOODS LITIGATION
ADJOURNMENT
The meeting was adjourned after executive session.
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