Simsbury, CT - Conservation Commission Minutes

Conservation Commission/ Inland Wetlands

And Watercourses Agency Minutes

Regular Meeting- Tuesday March 6, 2007

Simsbury Town Offices- 7:30PM- Main Meeting Room

Acting Chairman Margery Winters called the meeting to order at 7:32pm at the Simsbury Town Offices in the Main Meeting Room. The following Commissioners were present: Commissioner Sexton, Commissioner Mihalic, Commissioner Zacheo, and Commissioner Cunningham.

APPOINTMENT OF ALTERNATES

Commissioner Zacheo was appointed to serve for Commissioner Bucknam.

PUBLIC HEARING(s), DISCUSSION AND POSSIBLE VOTE

Application of David Grainger, Owner, for an Inland Wetlands Permit to create lawn space within the regulated area on property located at 15 Orchard Lane. (continued from meeting of February 20, 2007.

Mr. Grainger, Owner, and Mr. Michael Gragnolotti, Soil Scientist, were present to discuss the application.

The Commission discussed the issue of the applicant’s project whereby he would be working in the wetland area itself and filling it. Soil Scientist Michael Gragnolotti was asked whether he felt the wetland was insignificant. Mr. Gragnolotti answered that he did not feel the wetland is significant, added that it is a low quality wetland.

Acting Chairman Winters voiced her concern that this project has serious issues, and that the Commission has not ever been one to approve an application where work is executed in the wetland area. She expressed that approving this project would be setting a precedent that the Commission ought not to enter into.

Commissioner Mihalic expressed that given the special nature of the project he feels the project is one the Commission can approve.

Commissioner Cunningham expressed that he is comfortable with all of the information given and feels no objection to approving the application.

Acting Chairman Winters asked for comments from the public.

Mr. David Whitney, Engineer

Mr. Whitney explained that there was a project in 1999 in Simsbury whereby the applicant was given approval to work in the wetland area. He noted that the project involved the filling of a wetland for a client’s front lawn area.

Commissioner Mihalic motioned to close the public hearing on this application.

Commissioner Sexton seconded with all in favor.

A motion was made by Commissioner Mihalic that this is a regulated activity by reason of work in the regulated area. The motion was seconded by Commissioner Cunningham, and carried unanimously.

A motion was made by Commissioner Mihalic that this is not a significant activity due to the work to be done.

The motion was seconded by Commissioner Zacheo, and carried unanimously.

A motion was made by Commissioner Mihalic to grant the permit based on the following: 1. The unique nature of the property. 2. The applicant’s willingness to plant shrubs as requested 3. The applicant’s statements at the prior meeting concerning no fill being added to the site, no grinding of stumps, and no use of a bobcat. 4. The use of non-inorganic lawn treatment products. 5. Subject to the conditions set forth in the staff report.

The motion was seconded by Commissioner Sexton, and carried. Acting Chairman Winters opposed.

PRESENTATION(s),

Application of Diana Kalamarides, Owner, John Kalamarides, Applicant, for an Inland Wetlands Permit for construction of a driveway and construction of a septic system for a new home within the regulated area on property located at 7 Up The Road.

Mr. John Kalamarides, owner, Mr. David Whitney, Engineer, and Mr. Jepson, neighbor, were present to discuss the application.

Mr. Kalamarides explained that his wife bought the property in 2006, the same year the property was subdivided by Mr. Jepson. The application before the Commission in January of 2006 was for the construction of the driveway and the septic system within the review area of an intermittent watercourse on the property. At this Commission meeting he is asking for approval of the driveway, the septic system, and a new culvert system. Mr. Kalamarides stated that the Zoning Commission approved a 15-foot variance of the back lot, whereby the house is now 10 feet further from its’ previous position.

Mr. Whitney explained that the total amount of area to be disturbed in the review area is 2,800 square feet with 200 cubic yards of fill to be brought in. He stated that because Mr. Sawitzke, Town Engineer, had concerns about the soils and water discharge onto a lot with a house a septic below it, the application is before the Commission because of changes to the storm water management plan. Mr. Whitney stated that the changes to the revised March 6, 2007 plan entail implementing a drainage system on the uphill side of the driveway and discharging the water overland and down. There is an existing culvert at the intersection of the existing drive at up the road, however it was decided the culvert is not adequate.

Mr. Whitney said that per discussions with Zoning Compliance Officer Beach one of the requirements needed is a drainage easement and a right to discharge onto Lot 1 in favor of Lot 2. Mr. Whitney explained that he and Mr. Jepson spoke and Mr. Jepson is willing to grant this easement and the right to discharge at the location specified. Mr. Whitney explained that the drainage system would reduce the large amount of surface water run-off that has caused problems. Mr. Sawitzke has noted to Mr. Whitney that he wants the storm water system to be designed such that there is excess storage capacity in the pipes during large storm events.

Mr. Whitney explained that the culvert is to be the built first in the event of a storm. There will also be sedimentation basins, which, once the site is stabilized will be backfilled. There will also be retaining walls and a landscape plan.

Mr. Jepson said that the easement proposed does not currently exist. He explained that he would have preferred having one enlarged drainpipe under the driveway, but stated that the new concept is better than the originally proposed plan. He added that the running of the watercourse outside the driveway is part of a restricted covenant between the Kalamaride’s property and his house.

Acting Chairman Winters asked why overland drainage for the roof leaders was not considered. Mr. Whitney explained that it is better to drain all the water into a drainage system for control rather than have overland flow.

Acting Chairman Winters asked about soils and ledging. Mr. Whitney said that no ledging was found at any test pits, and all were dug 8’to 9’ down, and it does not seem that it is ledge locked. Mr. Jepson added that the test pit information was give to the Planning Commission.

Mr. Whitney added that soil types are moderately drained soils. Mr. Whitney explained that the driveway will be constructed first, the culvert will be installed, and the drains, sedimentation basins will be implemented so that the area is stabilized before the house is constructed. He acknowledged that the driveway will be constructed first and will be used for construction vehicle access.

Mr. Kalamarides acknowledged that the written application has not changed with the town, the Planning Commission has required that the drainage plan be submitted for the town to review.

Commissioner Mihalic asked about abutting property owners. Mr. Kalamarides has spoken with all abutting property owners and had them over to the site, and has not heard any opposition.

Mr. Whitney explained that the driveway will be graded so there is a cross pitch to the uphill side of the driveway.

Commissioner Mihalic asked about the curbing of the driveway, which is on a slope. Mr. Whitney explained that the driveway is at grade at the entrance and then it rises up to the home. There will be approximately two (2) feet of fill for the curbing of the driveway.

Mr. Whitney stated that the septic system has a percolation rate of 20-30 minutes per inch. He explained that because the house contains five bedrooms, the septic system is perhaps oversized, but if it is deemed so through testing, the system could be reduced. He noted that the septic system will done n the spring and will take approximately one week. He added that a woodchip and stump grinding berm will be implemented for erosion control, as well as a silt fence.

Mr. Kalamarides noted on the plan where buffer plantings will be used and added that grass or low maintenance plantings will also be implemented.

Mr. Jepson stated that by notifying the neighbors and having them over to view the site, Mr. Kalamarides is going about this process in the correct way.

A motion was made by Commissioner Mihalic that this is a regulated activity by reason of disturbances of the soil within the regulated area. The motion was seconded by Commissioner Sexton, and carried unanimously.

A motion was made by Commissioner Mihalic that this is not a significant activity because the representations made by the applicant and his engineer as to how construction is to be done and steps to be taken, indicate that incursions into the regulated area at the elbow where the septic field is located appear to be minimal.

The motion was seconded by Commissioner Sexton, and carried unanimously.

A motion was made by Commissioner Mihalic to grant the permit subject to the following conditions: 1. All of the staff conditions set forth in the 3/2/07 staff report. 2. Mr. Jepson, the owner of the first lot grants an easement to the owner of the second lot for water discharge. 3. Mr. Rich Sawitze, town engineer, approve any work on the culvert to be constructed at the discharge point on lot number one. 4. The Conservation Officer is also to be involved in the approval of water discharge into the culvert and construction. This condition is consistent with item # 5 of the “Planning Commission Modification and Conditions for 7 Up The Road.” 5. If the septic field is determined to be less than that proposed, any reduction must come from the area that is currently in the regulated area, consequently the footprint of the incursion to the regulated area will decrease. 6. The applicant will use a mulch and/or woodchip berm where possible, in order to prevent any infiltration.

The motion was seconded by Commissioner Cunningham, and carried.

APPROVAL OF MINUTES of February 20, 2007.

Commissioner Mihalic motioned to table the February 20, 2007 minutes.

Commissioner Zacheo seconded, with all in favor.

Letter to Chairman Miller from Mr. Frank Baronowski at the WPCA concerning the Meadowwoods settlement that needs to be signed by Chairman Miller.

Commissioner Winters attended a CAWS lecture, and picked up some valuable information, adding that some could be distributed to applicants. Commissioner Mihalic added that information on pools could also be handed out.

c. Commissioner Winters stated that there is a training program for Inland Wetland Commissioners and noted that at least one person on the Commission must have a certificate.

CORRESPONDENCE/ANNOUNCEMENTS

Commissioner Mihalic made a motion to adjourn the meeting at 9:20PM.

Commissioner Sexton seconded with all in favor.

Respectfully Submitted,

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Commissioner Ryan Mihalic, Secretary