Conservation Commission / IWWA Minutes 01/03/2017
CONSERVATION COMMISSION/INLAND WETLANDS
AND WATERCOURSES AGENCY MINUTES
JANUARY 3, 2017
REGULAR MEETING MINUTES
I. CALL TO ORDER
Chairperson, Margery Winters, opened the Regular Meeting of the Conservation Commission at 7:30 p.m. in the Main Meeting Room at the Town Offices. Also present were Michael Glidden, Assistant Town Planner; Janis Prifti, Commission Clerk; and other interested parties.
II. ROLL CALL
Commission Members and alternates in attendance were: Margery Winters, Charles Haldeman, Craig MacCormac, Jason Levy, Donna Beinstein, Donald Rieger, and Jim Morrison.
1. Appointment of Alternates
Chairperson Winters appointed Commissioner Beinstein to serve for the vacancy and Commissioner Haldeman to serve for Darren Cunningham.
III. PUBLIC HEARINGS
1. Application #16-24 of Rick Wagner, Agent; Richard D., Jr. and Madeline F. Wagner Special Trustees, Owner; for review of wetlands disturbances from the proposed 7-lot re-subdivision of the properties located at 152 Old Farms Road (Assessor’s Map C07, Block 303, Lot 010), Old Farms Road (Assessor’s Map C07, Block 303, Lot 009B), and Old Farms Road (Assessor’s Map C07, Block 303, Lot 001). Zone R-80. (65-day extension granted; public hearing must be closed by 02/09/2017)
Mr. Glidden explained that the Town Engineer provided the Applicant with a 2nd round of comments and met with them today. The Applicant’s representative preferred to wait and present to the Commission at the next regularly scheduled meeting in 2 weeks. Mr. Glidden noted the Applicant granted a 65-day extension to the Commission; therefore, the Public Hearing does not need to close until 02/09/2017.
IV. OLD BUSINESS
1. Applications:
a. Application #16-24 of Rick Wagner, Agent; Richard D., Jr. and Madeline F. Wagner Special Trustees, Owner; for review of wetlands disturbances from the proposed 7-lot re-subdivision of the properties located at 152 Old Farms Road (Assessor’s Map C07, Block 303, Lot 010), Old Farms Road (Assessor’s Map C07, Block 303, Lot 009B), and Old Farms Road (Assessor’s Map C07, Block 303, Lot 001). Zone R-80. (decision must be rendered within 35 days of closing public hearing)
2. Referrals:
a. Referral from Planning Commission for review of erosion and sedimentation plan on Planning Commission Application #16-04 of LADA, P.C. Land Planners, Agent; Madeline F. Wagner and Richard D. Wagner, Jr., Special Trustees, Owner; for a 7-lot re-subdivision on the properties located at 152 Old Farms Road (Assessor’s Map C07, Block 303, Lot 010), Old Farms Road (Assessor’s Map C07, Block 303, Lot 009B), and Old Farms Road (Assessor’s Map C07, Block 303, Lot 001). Zone R-80.
Chairman Winters noted the above regarding Application #16-04 also applies to the Old Business Application and Referral.
Mr. Glidden confirmed there were no new applications received.
V. GENERAL COMMISSION BUSINESS
1. Correspondence
a. Five-year extension request from River Bend Development CT, LLC, and Griffin Industrial Realty, Inc. for wetlands permit for Meadowood Residential Development
Tim Lescalleet, Sr. Vice President of Griffin Industrial Realty, represented the parent company of the Applicant, formerly known as River Bend Associates following a series of name changes. Mr. Lescalleet reviewed the history of the original proceedings from the March 2008 stipulated judgments in court settled appeals involving Conservation/Wetlands, and Planning for the subdivision site plan for 299 residential units reduced to 296 following environmental reviews in a combination of subdivided lots and common interest ownership units. He said since 2008 the owners/developers have completed: offsite traffic improvements at County/Hoskins Roads and Rte. 10; remediation of 125 acres in compliance with the plan approved by the State and Town; 75 acres conveyed to the Town as open space adjacent to Holcomb Street; committing more than 100 acres as public/private open space under conservation easements overseen by the U.S. Army Corp of Engineers; 85 acres committed to the Town of Suffield for the State as a voluntary mitigation measure due to potential impacts on the Meadowood site grass and bird habitats; and overall, 253 acres dedicated to private/public open space purposes; they spent more than $4.5 Million on public improvements and remediation and property pre-development; and since 2009 paid the Town taxes based on improvements for residential development. He added they have done everything for pre-development in compliance with their approvals with everything submitted for a few years to the Town for review, except residential development of roads, utilities, and home construction. He indicated General Statute 8-3(m) adopted in 2012 for site plans with 5-year approvals granted prior to July 2011 and still valid as of July 2011 were extended to 9 years plus a statutory 5-year extension, which was done for a number of languishing projects in the State because of market conditions; so that everything approved was given more time, but not in a way that eroded other as of right extension privileges to development. He added that this request is for that 5-year extension, which has already been granted by Planning and Zoning, and this would be the 3rd and final request from the Town. He closed that they have worked with the Federal Government, Town and State to preserve/conserve quite a bit of land related/not related to the project, and therefore request the extension.
Commissioner Rieger asked if the December report had been received regarding the Conservation Easement. Mr. Glidden confirmed that the Town had received the December 2016 and November 2015 reports from the Applicant. Commissioner Rieger asked about the timing for open space improvements. Mr. Lescalleet responded the open space includes construction of walking trails, which would be done when major development and construction begin. He said at this point they have done all the preparatory work, but they have not yet filed for a building permit.
Commissioner Rieger made a motion to grant the requested extension.
Commissioner Levy seconded the motion, and it was passed unanimously.
Chairman Winters noted a plan tonight to discuss regulation plans with the Town Attorney, but he had to cancel just prior to this meeting and will in the meantime contact Commissioner Rieger for interim discussion.
Mr. Glidden provided the Commission with information on the new DEEP water restriction ordinance. Commissioner Rieger commented that in 1.0 Authority, it says “This ordinance implements the municipality’s authority to impose water use restrictions conditioned upon a state of water use restrictions or declaration of public drinking water supply emergency.” He indicated “state of water use restriction” is a defined term in Section 3.0 Definitions, “state of water use restriction shall mean a state of water use restriction declared by the municipality pursuant to Section 4.” He noted there is a danger of misreading 1.0 as requiring that the State declare water use restrictions, but it is entirely within the province of the municipality to declare the restrictions and give rise to the ordinance. Commissioner Rieger noted there had been a point of disagreement/lack of clarity between the Commission and Counsel last time; Counsel seemed to view that a State declaration was a precondition to a municipality’s action, and that discussion will be held next time. Chairman Winters and the Commissioners noted there are different geological conditions throughout the State, and a municipality taking action makes sense. Commissioner Rieger added it is reasonable for a municipality to take steps before there is an emergency with a drought relief plan and possible ordinance providing the Town a toolkit to work with before the State steps due to a more serious or widespread condition, and the Commission needs to have that discussion. Chairman Winters noted a good point was made at the BOS meeting that it would be good to enact this plan before there is a severe problem because it might extend the water supply for a longer period of time without having to call in further restrictions, and the Commission looks forward to discussing this at the next meeting.
Mr. Glidden advised the Commission regarding an issue for a re-subdivision approved in 2009 on Shingle Mill Road for 3 lots off a shared driveway. He indicated the owner of lot #1 put the driveway in and now wants a building permit for the house. Mr. Glidden noted the issue is that when the owner came before this Commission drainage was reviewed for the shared driveway and approved for a 72-inch culvert beneath the driveway; but when the owner went before the Planning Commission he provided a detailed drainage study which determined that only two 15-inch culverts were required to accommodate flows beneath the driveway and those were installed pursuant to the Planning Commission’s approval. However, that is in conflict with this Commission’s approval for a 72-inch culvert; Mr. Glidden and the Zoning Enforcement Officer were reluctant to sign off on the building permit as they do not have the authority to modify this Commission’s approval; therefore, the Commission needs to determine whether the owner needs to reapply for modification to the culvert installation. Mr. Glidden noted the owner had a drainage study when he went before the Planning Commission showing no flooding issues signed off by an engineer, Staff has asked for an as built of the completed work for better documentation because the map topo shown to the Commission is not 100% accurate with more grade change on the side slopes of the driveway to the east and a pocket of wetlands to the west of an installed culvert; and technically, it is a regulated activity and within 100 feet of wetland soils. Mr. Glidden asked the Commission for guidance as to whether the owner should come back; the complication is that the Planning Commission approved a totally different drainage plan, but they were provided a subsequent detailed drainage study while this Commission was not. The Commissioners discussed that their approval was based on the fact that there were other 72-inch culverts in the area; Mr. Glidden noted that those culverts were on properties further to the northwest on Shingle Mill and provide watercourse flow through, but this owner has surface drainage. Mr. Glidden confirmed that if the owner comes in to this Commission, the Planning Commission would be informed and defers to this Commission on drainage improvements; what is unique is there are 2 different plans and one significantly had an engineered study. While modifying the approval would be a short conversation, the Commissioners felt that the owner should be present; Mr. Glidden will contact the owner to be present at the next meeting.
Commissioner Rieger recalled that in September 2015, the Commission commented on the Silvio O. Conte National Fish and Wildlife Refuge revised management plan because they had drawn the Farmington River conservation partnership area so that it did not include most of Simsbury with the border near Tariffville and excluded the area and wetlands to Avon and beyond. He noted the Commission felt it was to the Town’s advantage to revise that because being in the conservation partnership area had the potential to make funds available for future conservation and environmental education programs. He advised the Commission’s comments were successfully noted and the partnership redrawn; and Mr. Glidden confirmed receipt of notification that it is up for final review.
Chairman Winters felt it would be good to note this success in the First Selectman’s report.
Chairman Winters advised she has been writing generic 1-paragraph topics for the First Selectman’s report and requested the Commissioners provide her short reports for any topics they would like to see covered. Commissioner Rieger noted the Connecticut Forest and Park Association (CFPA) is trying to organize various bodies willing to comment favorably to protect open space through constitutional amendment; the issue is if the State brings in open space, it does not have to keep it – e.g. last year the State proposed trading one parcel for another. He added that one parliament cannot bind another parliament unless there is a constitutional provision enacted restricting what can be done by the State regarding open space, and such a proposal is being worked on with many people in State government in favor; and he will bring more information on this to the next meeting.
Mr. Glidden advised the Commissioners that on Tuesday, January 10th, at 7:00 p.m. at Henry James School, the Planning Commission is holding another Listening Session on the POCD to discuss development strategies. He noted their last meeting discussed conservation strategies, but only 5 people attended. He encouraged the Commissioners to attend the next session and discuss conservation strategies; he will provide the Commissioners with copies of the conservation chapter from the previous POCD. Mr. Glidden noted the last scheduled Listening Session was in conflict with the regularly scheduled Planning Commission meeting, which held a Public Hearing for the 80 Climax Road application on the same evening. Chairman Winters requested Mr. Glidden forward to all members the existing POCD conservation chapter; he will also forward the conservation booklet prepared by the Planning Commission’s consultant, which looks at all the conservation goals scattered throughout the POCD, not just open space.
2. Approval of the Minutes of the November 15, 2016 regular meeting
Chairman Winters filed the November 15, 2016 regular meeting minutes, as written.
VI. ADJOURNMENT
Commissioner Levy made a motion to adjourn the meeting at 7:56 p.m.
Commissioner MacCormac seconded the motion, and it was passed unanimously.