Simsbury, CT - Conservation Commission Minutes

Chairman, Richard Miller, called the Regular Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:38 PM in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Commissioners Margaret Sexton, Margery Winters, Ryan Mihalic, Dominick Zackeo, and John Yocom. Also in attendance were Howard Beach, Conservation Officer, Alison Sturgeon, Commission Clerk and other interested parties.

Doug Ellis, from Buck & Buck Engineers, stated that they are before this Commission tonight to hear their thoughts regarding this proposal. He showed the Commission the topography map and plan and got them oriented with the surrounding roads and properties. He stated that there is an existing 1,600 s.f. pond on the property that they are proposing to expand. They will be taking the materials that are dredged from the pond to level off an area of the property that is currently used for livestock. Mr. Ellis then showed the Commission pictures of the pond, as it currently exists. The pictures show where the pond expansion is being proposed. They are proposing a 50% expansion to the pond. They would be saving all of the large trees in this area. He stated that the outlet of the current pond is a riprap channel. The pond is approximately 4’ deep. The purpose of this expansion is to feed and water the livestock on the property.

Mr. Beach stated that since the applicant just received their topography maps today, they are only presenting as much detail as they have to this Commission tonight, so when they come back to the next meeting, they can address any questions or concerns brought before them tonight.

Commissioner Winters questioned if there was a silt fence in one of the pictures. She questioned why it was there. Mr. Beach stated that about 6 months ago, a permit was approved for replacing the culvert under the driveway that was washed out. After looking at some of the pictures, Commissioner Winters stated that near the banks of the pond, there seems to be quite a bit of erosion. She also questioned if this was a fertilized lawn. Jeremy Vearil, of Clean Cut Lawn Care & Landscaping, LLC, stated that the lawn was not fertilized. Commissioner Winters stated her concerns regarding people mowing right down to the pond, which is not good for water quality. It is a good idea to have shrubbery around the edge of the pond.

Chairman Miller questioned if just the dredging of the existing pond would be enough for their irrigation needs instead of expanding the pond. Mr. Vearil stated that they are looking for volume and that they will be taking unused marshy area that the animals cannot walk in, and making it a usable area. Although the permit for the dredging has already been approved, it will take place at the same time as the pond expansion if it gets approved.

Chairman Miller questioned that with this increase of the proposed pond, would they need any permits or diversion permits. Doug Ellis stated that they do not need any DEP or State permits because they are under the 100-acre watershed threshold. Also regarding the dam safety permits, they are less than one acre; with the pond expansions, the ponds would total approximately ½ acre.

When the excavation of the existing pond is being done, Mr. Beach questioned if they would be able to reach everything with an excavator. Mr. Vearil stated that they could reach everything with the machinery they currently have without getting stuck; they have big machinery. They also have the capabilities of pumping the water on-site and dewatering on the property.

Mr. Beach stated that when taking material out of the pond it will need to be dewatered somewhere; this Commission typically likes silt fence around the area so it does not wash back and get more siltation into the pond. Mr. Ellis stated that they will not be trucking any material out; the material that they dredge out of the pond will be dewatered on the property. It will then be used to level out inside of the fenced area on the property. All of the large trees will not be disturbed. The fill will not be thick and will not effect any of the trees in a negative way.

Although it is not on the agenda, Mr. Beach stated that there will be an informal presentation tonight by Ethel Walker School. Approximately one year ago, representatives from Ethel Walker came in for wetlands permits relating to building a new paddock area and horse riding area as part of their equestrian expansion. At that time, they contemplated the rebuilding of a barn, which is still being considered. During the interim period, they are looking to build a summer barn in the area of the paddocks. Everything they are currently looking to do is outside of the 100’ upland review area, although they would like to make an informational presentation to show this Commission what they are doing and to see if there are any concerns.

Daniel Kroeber, Civil Engineer of Milone & MacBroom, and Tom Schneider, Director of Finance, were before this Commission representing Ethel Walker School. Mr. Kroeber showed the Commission the proposed plan, which was approved in January 2006. Under that plan, it proposed 16 horse paddock areas and a relocated outdoor riding area. Since then, they began construction of Phase I, the construction of the riding ring and the horse paddocks. Phase I is complete, although they did not build everything that this Commission approved because they were over budget. They only built 9 of the 16 horse paddocks and the barn has not been constructed as well. They are hoping to come back to this Commission with a significant change to their prior approval, Phase II.

Mr. Kroeber stated that they are now proposing a few minor changes. They are currently proposing to build a 4,000 s.f. barn; there will need to be some cut in the back of the barn. There is a fairly steep hill that comes down; in order to create a flat spot, they will have to make a cut. The materials taken from that will be placed elsewhere on the property. They are also currently proposing a concrete pad used for stockpiling manure and also to provide a gravel area where a truck can come in to haul that manure away. Mr. Kroeber stated that the concrete pad has a drain in the middle of the pad. There are also drains in the back of the barn, where it would drain down through the pad area, which would tie into an existing line, which was put in as part of Phase I, which goes to a stabilized sediment trap. They are thinking of putting in a drywell to act as a septic system in this area. The drain would have small perforations, which would not allow many solids to get into the drywell. If solids do get in, they would settle to the bottom, where there would be a high level overflow out of the top, which would have a separate line. There would only be liquids coming out.

Regarding the utility poles, Mr. Kroeber stated that there are several, which will need to be relocated around the barn. He also stated that they would be using silt fence and hay bales where needed. Although there is only one small regulated activity that they are seeking, there has already been an approved plan for this area for regulated activities. He stated that they would just be swapping one regulated activity for another. Mr. Kroeber questioned if they would need a new permit or if their existing permit would work with what they are now proposing.

Commissioner Yocom questioned how often the drywell would be cleaned out. Mr. Kroeber stated they would need to get further information on this issue, but he did not think it would have to be cleaned much more than a septic system. Mr. Beach stated that the manure is in a 30 yard rolloff; it is in a container. Commissioner Winters questioned if there would be a roof over the container or if the rolloff had a cover. This might reduce the amount of runoff. Mr. Schneider stated that they do not have covers, although he would be glad to look into this issue. The Commission continued to discuss different coverings for the rolloff; they would like as much water kept out of the manure as possible.

Commissioner Mihalic stated that procedurally, he believes that this applicant needs to come in for a new permit. He read part of the Regulations and stated that this applicant is proposing a new regulated activity in a regulated area. Although it is only a small area, it would be better to come in with a new permit. Commissioner Winters stated that she agreed. Also, because their last application was a public hearing, if they were to submit this as an amended application, they would need to hold a public hearing again. The Commission agreed that this applicant should submit a new application.

Regarding the property at One Hamilton Lane, Mr. Beach stated that they have a failing septic system, which is on the edge of a brook. There is very little space on this property where they could put in a new septic system; there is nothing that can be done regarding emergency hookups. The brook and wetlands go directly around the side of the house; there is nowhere in the back for a septic system. There is a common well, which is down at the end of the cul-de-sac. They are proposing to put a new leaching field on the side of the house. Because this is an emergency situation, and because the proposed leaching field is physically outside of the wetland, Mr. Beach stated that he would like to do this administratively. This would allow immediate attention to this problem. The Commission agreed that this should be handled administratively.

Commissioner Mihalic looked through the Regulation to find if it said anything regarding emergency situations. Mr. Beach stated that this Commission has never amended the Regulations where it states that an application must be filed two weeks prior to a meeting. The Commission agreed that the Regulations should address emergency provisions. Mr. Beach stated that the State has sent him the new model regulation. This Commission can compare and contrast this new regulation with their 2006 Regulations. Commissioner Mihalic stated that they should also consider changing some of the definitions throughout the Regulations. Mr. Beach agreed to bring the model regulations to the next meeting so they could be looked over by the Commission members.

Commissioner Mihalic stated that he received a letter from William Miller regarding the PDD issue. In addition to thanking this Commission for their involvement, the letter also stated that it was surprising that this Commission delegated responsibility for drafting the first comments to Mr. Peck. Mr. Miller stated that he felt that the drafter gets to basically frame the debate, but he feels that the people should be the ones who frame the debate and not the Town Planner. Commissioner Mihalic stated that each Commission member reviewed Hiram’s comments and got an opportunity to make any appropriate changes they felt were necessary.

The Commission had some discussion regarding the PDD, which the Town will start working on soon. Chairman Miller will be a part of that group, which will be putting that Regulation together. They also talked about the Plan of Conservation of Development, which was just adopted by the Planning Commission.

Commissioner Sexton stated that she attended Segment III regarding vernal pools. She stated that it was a very interesting seminar. There were approximately 50 people; it was very well attended. She stated that they talked about vernal pools and the Avalon Bay Ruling. They also did some hiking out in the woods and they found two vernal pools. They also talked about trying to study vernal pools before they are impacted.

Commissioner Mihalic questioned Mr. Beach regarding if the Town got their application in for the Sewer District. Mr. Beach stated that they sent in the basic information, although the State sent it back stating that the information was incomplete. They received an additional few weeks to gather that information. The State would like Simsbury to write a report, which will cost the Town a great deal of money. The Town wants to know, first, if they will qualify for the program before the money is spent, although they could get estimates to the State.