CONSERVATION COMMISSION/INLAND WETLANDS & WATERCOURES AGENCY
MINUTES – REGULAR MEETING
OCTOBER 2, 2007
I. CALL TO ORDER
Vice Chairman, Margery Winters, called the Regular Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:30 PM in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Commissioners Margaret Sexton, Ryan Mihalic, Dominick Zackeo, and John Yocom. Also in attendance were Howard Beach, Conservation Officer, Alison Sturgeon, Commission Clerk and other interested parties.
II. APPOINTMENT OF ALTERNATES
Mr. Zackeo was appointed to serve for Andrew Bucknam.
III. PRESENTATION(s), DISCUSSION AND POSSIBLE VOTE
a.~ Application of Hopmeadow Country Club – Owner, Erick Holm, Golf Course Superintendent – Hopmeadow Country Club, Applicant, for an Inland Wetlands Permit relating to the construction of culverts and related till for several small crossings on the golf course within the regulated area to a wetland on property located at the Hopmeadow Country Club, 85 Firetown Road. (tabled at meeting of September 4, 2007)
Doug Ellis of Buck & Buck Engineering, showed the Commission the revised plans. The Country Club currently has two culverts on Grimes Brook, which they would like to replace. The culverts, which are there now, are inadequate; they are not structurally sound. They are also proposing to replace three outlet channels from their irrigation pond. He stated that they feel the best solution for this is to install box culverts. They would also like to fasten wooden bridges over the box culverts for aesthetic reasons.
For the first crossing, closest to Firetown Road, Mr. Ellis stated that there is an existing 65” x 40” pipe. They will be installing two 8’ x 4’ culverts on Grimes Brook. They will also be burying them 1 foot down to have a natural stream bottom. At the second crossing, further down Grimes Brook, there is currently a 65” x 40” pipe arch, which is not a permanent structure. There is gravel over the top of that pipe. They are proposing a box culvert in this location, also. For both of these culverts, they are proposing to rip rap the sides of the channel to help drain the water.
Regarding the channel from the irrigation pond, Mr. Ellis stated that they are proposing a 6’ x 4’ culvert. They will also be burying it approximately 1 foot, to keep the natural stream bottom. They are proposing to install two culverts at the 18th green, one would be for a walking bridge, 6-feet wide, and the other would be for carts and maintenance vehicles, 12-feet wide. The third crossing will be 12-feet wide, also.
Mr. Ellis showed pictures to the Commission of the current culverts during heavy and normal flow conditions. The Country Club is trying to make the existing crossings that are already there more permanent and to make them more aesthetically pleasing for the golf course.
In response to a question from Commissioner Winters regarding erosion when the water exceeds the culvert, Mr. Ellis stated that this is why they are proposing a box culvert. She also questioned why the culverts they are proposing are only slightly larger than what is there now. Mr. Ellis stated that if they put in a bigger culver, it would create a large impediment. As soon as the water is heightened, it flows around the culverts during flood conditions. Rather than getting all of the flow into one large culvert, they feel that it should flow naturally around the bridges.
Regarding how the culverts would be installed and how long it would take, Mr. Ellis stated that, at the first two locations, they would be using a cofferdam on Grimes Brook. This should only take a few days. Regarding the irrigation pond outlet, the Country Club can control that flow, so work will be done in dry conditions.
Regarding the outlet to the irrigation pond, Commissioner Winters stated that it looks like there is a fair amount of erosion. Mr. Beach stated that there is so little flow in this area, that every year it silts in. They then go out with a shovel and dig it out. Commissioner Winters stated that she is also concerned with the lack of vegetation along the stream; this would be an appropriate place for taller grasses. She feels that this is a very unhealthy stream bank for the river.
In response to a question by Commissioner Mihalic, Mr. Ellis stated that the streambeds would be dry while the work is being done, and that there would not be any equipment in the beds. The material that comes out would be stockpiled beside the stream; the material would then be used to provide the 1-foot fill for the culverts.
Commissioner Winters stated that although this may be an appropriate practice for the golf course, it is not a good practice for the waterway. She feels that this in a good area for taller grasses. The stream does not look healthy at all. She stated that since this application is before this Commission, they have the opportunity to improve the quality to the stream as a condition of approval. Commissioner Mihalic stated that this Commission only has jurisdiction over the application itself and can only recommend something that is in proximity to the application. Commissioner Winters disagreed. She feels that the DEP states that when any application is before a Commission, the Commission has the opportunity to alter problems, that they might see, to a waterway. Commissioner Mihalic read Section 11.1 of
the Regulations. Commissioner Winters strongly recommended that the applicant refer to the guidance document written by the DEP for best management practices for golf courses.
Commissioner Mihalic motioned that this is a regulated activity because it involves construction of five box culverts within Grimes Brook and an irrigation channel on the Hopmeadow Country Club. Commissioner Yocom seconded the motion, which was unanimously approved.
Commissioner Mihalic motioned that this is not a significant activity because the construction methods described by the applicant indicate that they will take all due precautions to make sure sedimentation and erosion are kept out of the downstream areas and that the construction will be isolated to dry areas. There will be only minimal impacts from construction vehicles. Commissioner Sexton seconded the motion, which was unanimously approved.
Commissioner Mihalic motioned that this permit be approved subject to the conditions set forth in the Staff report and with the recommendation that the applicant consult the DEP Guidelines for Best Management Practices for Golf Courses, and consider implementing those policies that would fit, prior to construction. Commissioner Sexton seconded the motion, which was unanimously approved.
b.~ Application of Joseph Patrina, Owner, for an Inland Wetlands Permit to construct a tennis court within the regulated area to a wetland on property located at 93 West Mountain Road.
John Reidy, of Putnam Tennis Courts and Recreation, LLC, stated that work on this tennis court was started several years ago when the previous owner obtained a permit to dredge a pond on this property. At that time, the shape of the court was boxed out. The current owner now wishes to complete the project, but wishes to install an oval court instead. The rectangle that was previously boxed out is 140’ x 80’. The soils in this area are hard panned; any materials that would be excavated will be trucked off-site. They will be removing vegetation around this area that is basically just weeds. They will bring in 9” of process, gravel stone to be spread out into the oval shape. It will then be finished with 3” of asphalt and covered with an artificial grass surface. He stated
that Stratton Brook flows in a northerly direction across the property, east of the tennis court site, where it enters the southern most pond. The stream is approximately 60’ from the proposed tennis court. They will be installing a 150’ silt fence between the stream and the tennis court. The disturbed soils around the court will be graded and seeded as soon as the court is installed. The access to the property will be at the corner of the property, over a culvert, which currently exists at the southern end of the property.
In response to a question by Commissioner Mihalic, Mr. Beach stated that there have been two different applications to dredge this pond on this property. They boxed out for the tennis court during the second permit, which was in the late 1990’s. The applicant is now seeking an application to construct the tennis court. Mr. Reidy stated that the oval would be constructed inside of the 140’ x 80’ rectangle. There will also be a brick walkway around the oval, although, that will also be in the rectangle area. If approval is granted by this Commission, they would like to start construction as soon as possible. Depending on the weather, they would like to complete 90% of the project by this fall. If the asphalt cannot be done before the winter weather, they will be putting that down in
late spring. Lastly, they will be constructing the brick walkway and fence.
In response to a question by Commissioner Zackeo regarding the construction entrance and if the culvert can support the construction equipment, Mr. Reidy stated that there have been trucks in and out of that location. Mr. Beach stated that they have had three permits on this property, all of which used this access for construction equipment. He did not feel that this would be a problem.
Commissioner Mihalic motioned that this is a regulated activity because it involves construction of a tennis court and a brick walkway within a wetlands. Commissioner Yocom seconded the motion, which was unanimously approved.
Commissioner Mihalic motioned that this is not a significant activity because it is involving construction within an area that previously was disturbed and because there will be no removal of soils. This simply involves the laying of an asphalt and brick surface and artificial grass as set forth in the application. Commissioner Yocom seconded the motion, which was unanimously approved.
Commissioner Mihalic motioned that this permit be approved subject to the conditions set forth in the Staff report. Commissioner Zackeo seconded the motion, which was unanimously approved.
c. Application of Jacqueline and Steven Sloan, Owners, Robert Hanbury, President, House of Hanbury – Applicant, for an Inland Wetlands Permit relating to the excavating of a 4-foot to 5-foot deep trench (approximately 8-feet long) to tie in new sewer connection for rear barn within the regulated area to a wetland on property located at 46 Great Pond Road.
Bob Hanbury, President of House of Hanbury, stated that there is an existing barn and stonewall on this property. There is a sewer line that was installed in October, 2006, at which time the main house was connected to this. In order to use the barn as an in-law apartment, it needs to tie into that sewer system, also. They do know where the sewer line is and where the connection needs to be made. They are requesting to stockpile the stone, dig and excavate for a sewer connection and back-fill the area. They will be disturbing an area that is approximately 7’ – 8’ wide. Mr. Hanbury stated that although Staff had suggested a silt fence along the pond, they feel that hay bales would be less of a disturbance. Construction should be completed within one day.
In response to Commissioner Mihalic’s question regarding access, Mr. Hanbury stated that all construction vehicles would be using the driveway.
Commissioner Mihalic motioned that this is a regulated activity because it involves excavation to a sewer line, which is located within the 100’ regulated area. Commissioner Sexton seconded the motion, which was unanimously approved.
Commissioner Mihalic motioned that this is not a significant activity because it is toward the extreme side of the 100’ regulated area and because it is in an area that has previously been disturbed and paved by gravel. This will also be a short amount of construction time to make the sewer connection. Commissioner Yocom seconded the motion, which was unanimously approved.
Commissioner Mihalic motioned that this permit be approved subject to the conditions set forth in the Staff report and Staff’s recommendation that hay bales be used along the pond side of the driveway. Commissioner Yocom seconded the motion, which was unanimously approved
d. Application of Keith Ziegler and Leeann Varasconi, Owners, for an Inland Wetlands Permit relating to depositing material for driveway fill within the regulated area to a wetland on property located at 231 Stratton Brook Road.
Keith Zeigler, owner, stated that there is a steep drop-off on both sides of their driveway. They are proposing to push some fill up along the sides so there will be a gradual grade. They have already started this project because they were not aware of having any wetlands on their property. There is a culvert pipe running through the front yard; there is no longer a stream in that area. Mr. Beach stated that he is not sure if there are wetland soils on this property. When this house was built, the developer put in a culvert, which the stream now runs through. This is the only lot in this neighborhood in which the stream is piped.
In response to a question from Commissioner Winters regarding the material that is already on this property, Mr. Zeigler stated that there is currently a pile of fill on his driveway. He also stated that after the fill is in place, they would be reseeding and putting in plantings along this area.
Commissioner Mihalic motioned that this is a regulated activity because it involves depositing material in a location that is a mapped wetland per the Town’s wetland maps. Commissioner Sexton seconded the motion, which was unanimously approved.
Commissioner Mihalic motioned that this is not a significant activity because Staff and the applicant are no longer certain that any wetland soils remain. This area was clearly disturbed when the house was constructed; a culvert was put in and fill was placed there to cast a doubt as to whether or not any wetland soils remain on the site. Commissioner Yocom seconded the motion, which was unanimously approved.
Commissioner Mihalic motioned that this permit be approved subject to the conditions set forth in the Staff report. Commissioner Zackeo seconded the motion, which was unanimously approved
e.~ Application of Hoffman Enterprises, Owner, Sam Pines, Applicant, for an Inland Wetlands Permit relating to redevelopment work within the regulated area to a wetland on property located at Hoffman Autopark, 36 Albany Turnpike and West Mountain Road.
T.J. Donohue, representing Hoffman Enterprise, stated that this site is under construction. It came to the applicant’s attention, through Mr. Beach, that while they were proceeding in a regulated area beyond the limits of grading, there had been a change to put in a retaining wall. Since that is a permitted activity, coming before this Commission was an oversight on their part. They have since stopped construction until they receive a decision from this Commission. Also, the Fire Marshal has requested that the travel path of the fire lane be moved; the gate will remain on West Mountain Road.
Mr. Beach stated that this applicant was before this Commission for the retaining wall, which was up against the parking lot. There was a great deal of discussion about whether or not an excavation permit would be required for the site. In order for the excavation permit to be avoided, the Engineers decided to keep as much material on-site as possible. In doing this, the grade changed. The logical thing to do was to extend the retaining wall to the front, so there would not be a 1-1 slope drop into the wetlands. When the plans were drawn up for this new concept, they neglected to come back before this Commission. This is a regulated activity, although, there was no disturbance to the wetland.
Mark Arigoni, of Milone & MacBroom, showed the Commission the approved limit of grading based upon the approved plan. He stated that they would be going from a 5-foot offset in the wetland-flagged corner, to a 12-foot offset. Regarding the emergency access, he stated that they are requesting a slightly different alignment. The sewer line would now follow this proposed emergency access. The sewer line for the building in the back of the property was serviced by a proposed pump station; by raising the site, they are now able to gravity feed and eliminate the necessity of a pump station without any additional impacts.
Commissioner Mihalic motioned that this is a regulated activity because it involves amendment and changes to a site plan, on which this Commission previously approved a wetlands permit for the construction materials described. Commissioner Sexton seconded the motion, which was unanimously approved.
Commissioner Mihalic motioned that this is not a significant activity because the modification to the emergency access, the new sewer line, the new retaining wall on Route 44 and the after-the-fact approval of the retaining wall surrounding the existing wetland on the northwest portion of the property will not significantly impact the wetlands that exist. From the testimony of the applicant, it seems to add a net benefit to the site. Commissioner Yocom seconded the motion, which was unanimously approved.
Commissioner Mihalic motioned that this permit be approved subject to the conditions set forth in the Staff report. Commissioner Sexton seconded the motion, which was unanimously approved
IV.~APPROVAL OF MINUTES of September 4, 2007
Commissioner Mihalic motioned to table the approval of the September 4, 2007, minutes. Commissioner Yocom seconded the motion, which was unanimously approved.
V.~STAFF REPORTS
a. Administrative issuance of an Inland Wetlands Permit on the application of Robert Cawthon, Owner, to construct a garden shed within the regulated area to a wetland on property located at 10 Dominique Lane.
Mr. Beach stated that this homeowner would like to place a pre-made shed on his property. The lot is level; it then drops off into a wetland. The homeowner will be putting down a gravel pad just before it drops off and will be placing the shed on top of it. They will not be disturbing any soils. Mr. Beach stated that there was some concern regarding the storage of gasoline in the shed possibly spilling and working its way down into the wetland. The homeowner stated that he intends to keep the gasoline in the garage.
VI.~DISCUSSION
Commissioner Sexton stated that she would be attending Session III in Middletown next week, which is about vernal pools.
Mr. Beach stated that he recently attended a Storm Water seminar. The State has passed legislation that permits Towns to create their own storm water utilities because there are huge budget constraints. They have picked 4 pilot Towns to start this program. Since one of the Towns is now not participating, they have picked Simsbury to participate. Town staff is still working on submitting the necessary permits.
VII.~CORRESPONDENCE/ANNOUNCEMENTS
There were none at this time.
VIII.~ADJOURNMENT
Commissioner Yocom motioned to adjourn the meeting at 9:03 PM.
Commissioner Mihalic seconded with all in favor.
Respectfully Submitted,
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Commissioner Ryan Mihalic, Secretary
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