Conservation Commission / IWWA Minutes 01/06/2015
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
JANUARY 6, 2015
REGULAR MEETING
I. CALL TO ORDER
Acting Chairperson opened the Regular Meeting of the Conservation Commission at 7:30 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were Phil Purciello, Jim Morrison, Margaret Sexton, Darren Cunningham, Donald Rieger, and Patrick Spaulding. Also present were Rachel Blatt, Assistant Town Planner; Janis Prifti, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Acting Chairperson Winters appointed Commissioner Morrison to serve as the alternate for the Commission vacancy.
III. PUBLIC HEARING(s)
1. Application #14-38 of Greg Maglieri Development, LLC, Agent for Timothy E. and Elinor E. Ellsworth, Owners, for the regulated activities associated with a pending 4-lot re-subdivision on the property located at East Weatogue Street (Map H11, Block 106, Lot 037). Zones R-40 and R-80. (continued from 11/18/2014 and 12/2/2014; public hearing must conclude by 1/6/2015)
Application #14-38 was read into the record. Acting Chairperson Winters recused herself and Commissioner Sexton took over as Acting Chairperson.
Commissioner Rieger made a motion to open the Public Hearing.
Commissioner Morrison seconded the motion, and it was passed unanimously.
The Applicant's attorney reviewed this was a continuation of the Public Hearing that commenced 11/18/2014 which remains part of the record; the Application is for a proposed re-subdivision pursuant to Section 7.2 of the regulations for 15.6 acres for 3 building lots of 10.6 acres with a deed restriction on 5 acres, rather than the complications of an easement; no activity is proposed within confirmed wetland areas under the wetlands map amendment granted at the last meeting; minimal activities are proposed in the Upland Review Area (URA); the soil scientist's review of changes made in response to Staff/Commission comments remains that there would be no adverse impacts to the wetlands or URA and would be a feasible and prudent alternative.
The Applicant's surveyor clarified an agricultural easement was proposed for the 5-acre parcel which has been changed to be part of the lot with Zoning restrictions requiring Town permission for any changes; they also had a conservation easement across the wetlands on Lot 5 following the wood edge which would not be needed because it is all a regulated area requiring Commission approval for any changes, e.g. a tree that falls could be removed, but stump removal would require approval. The Applicant's surveyor indicated the 15-foot pedestrian/tractor easement would remain in effect in favor of the Simsbury Land Trust. Following further discussions with Town Staff, the surveyor noted the vegetative swales have been turned into rain gardens; a topo of the road showed a catch basin added to catch water and bring it across the street; trees to be protected were shown on the map with some trees designated for removal in consultation with Town Staff.
Regarding erosion controls, as suggested by Town Staff the Applicant's surveyor showed erosion controls for the 3 lots, construction pads, silt fences, construction sequence; Phase I would include road building with each lot cleared as they go in order to limit the amount of exposed material.
The Applicant's soil scientist reviewed items discussed at the last meeting with notations on the maps, including removal of invasive species/grasses along the woods; the 15-foot easement access to Simsbury Land Trust land was moved up in order to preserve a vegetative filter strip that would be mowed once/twice a year in spring/fall; rain garden vegetation would meet specifications with under drains connecting to a level spreaders. The Applicant's soil scientist's opinion remained there would be no impact short and long-term on wetlands.
The Applicant's soil scientist clarified there would continue to be a small direct wetlands impact along the road of 340 sq. ft. which would be similar for the URA.
Regarding storm water, the Applicant's engineer indicated a requirement to store any additional storm water onsite, as well as the existing storm water; the rain gardens would act as storage facilities with discharge reduced to preconstruction levels; a grass drainage swale on the driveway downstream side would collect runoff through a closed system with an 18-inch reinforced concrete pipe to the cul de sac before reaching the wetlands; the rain gardens would act to clean the water. Regarding 10-year storms occurring more often and not adversely affecting Lucy Brook and the adequacy of the 18-inch pipe, the Applicant's engineer responded that the storm water would be contained within the system and correctly sized for a 100-year storm. It was noted that neighbors had commented that water backs up under existing conditions and there would be a new catch basin in the road at the low point of the new road uphill of the driveway of the abutting concerned neighbor which would act to intercept any water in the gutter before it reaches the driveway; topo of the cul de sac indicated positive flow coming down the gutter around the cul de sac and catch basin at 306 with gutter grades about 2 1/2 inches higher at the driveway at 308 intercepting the water sheet flow on the west side of Talcott Mountain Road and due to positive drainage the water would not back up in the road at the cul de sac. Regarding the culvert that carries Lucy Brook to the pond, the Applicant's engineer indicated site impervious discharge is being reduced and the Talcott Mountain 140-acre watershed flows to the culvert; in such a large water sheet that the impervious area calculations for this site indicate no measureable amount of water contributing to the culvert from the change in land use. The Commissioners noted for the record that the Town Engineer is not yet satisfied. The Applicant's representative indicated the Town Engineer is satisfied with the Applicant's approach and agrees with their findings, but is concerned with the existing capacity of the pipe; however, they would not be increasing the flow to the pipe and it may be a Town area of concern and not the Applicant.
Regarding the agricultural easement and the nature of deed restrictions and who would have enforcement standing, the Applicant's attorney indicated it would be between the Applicant and the neighbor acquiring additional land through a boundary line agreement; they expect to assure no buildings would be erected there and any restrictions would be greater than imposed by law and Zoning and Wetlands Regulations; it is anticipated the land would be used for horses. Regarding deed restrictions protecting drainage features, the Applicant's attorney indicated the Wetland Regulations do that already and an obligation on the part of the property owner would maintain certain structures/protections in conjunction with Staff recommendations; requirements/restrictions would not be more than imposed by law and the standing to enforce such restrictions would likely be neighbors and the Town under the Inlands/Wetlands Act. However, if it were found the rain gardens were not being properly maintained, the Commission commented it could be addressed by giving the Town standing under the deed as all those structures are within the URA - Town Staff confirmed one rain garden entirely within Lot #5 collecting roof water and the rain garden between Lots #3 and #5 would be within the homeowners association right of way with a portion on private property which could be an area of concern. The Applicant's representative responded that there would be a drainage easement around everything maintained by the Homeowners Association as the grantee and responsible party for maintaining the drainage system. The Applicant's attorney indicated Lot #5 is the primary and largest area and has individual responsibility; the Homeowners Association would be responsible for the other smaller area. The Applicant's soil scientist added if the Lot #5 rain garden failed, it has the least possibility of impacting the wetland because it is 100+ feet away with a gentle grade; specific deed restrictions for each lot could identify the rain garden and responsible parties. The Commissioners noted that in other situations, the Town has been the grantee of the conservation easement providing standing to enter and deal with any problem, if required, and the Applicant's attorney indicated no objection to that. Regarding the Land Trust Easement, the Applicant's representative clarified it would be 15-feet wide through Lot #5 and then the 50-foot right of way to Talcott Mountain Road providing them the right to travel on the private drive to the Land Trust property. Currently, it was clarified by the Applicant's representative that the Applicant owns all the land. The Applicant's soil scientist confirmed there were no vernal pools on this property.
The Commissioners noted for the record that the parcel known in the Application as 5 Talcott Estates, the parcel that includes the wetlands, is larger than 4 acres. Accordingly, it falls outside the permitted as of right uses and non-regulated uses that might otherwise apply to a residential property under Section 4.1d of the Regulations. Thus, "uses incidental to the enjoyment or maintenance of residential property" might be Regulated Activities if carried out in the Regulated Area of the 5 Talcott Estates property, unless another exclusion were found to apply.
The Commissioners noted a previous concern regarding drainage structures and limiting salt materials used on the plowed private drive.
Acting Chairperson Sexton invited public comment.
Jim Miller of 21 Talcott Mountain Road agreed there would be insignificant additional peak flow likely from the subdivision and his surprising ability to influence whether the culvert to the Ellsworth pond is replaced and if it were washed would adversely affect the pond; he requested the Commission consider oversizing the culvert to alter the debris flow. He apologized for impugning the expert’s calculations and the time he took up at the previous meeting. The Commissioners noted the Town Engineer indicated calculations needed to assess the proper size of the culvert need to be done; Town Staff added that as small as the change may be, the current volume and impact are not known and he wants to know what the slope is at the roadway edges; the Commissioners noted there is an existing problem and the Town Engineer should make that determination.
The Applicant, Tim Ellsworth, clarified that the pipe that is the inlet to the pond was installed with assistance from the State without any issues until development of Talcott Mountain Road in the late 70's; his family objected based on the storm water overwhelming the culvert and following discussions with Town Staff they received permission to replace the culvert with a larger one. In addition, the Applicant indicated that whole side of the pond was dredged of sediment from Talcott Mountain; the Town was responsible for managing the settling basin but never did. Subsequently, when Lucy Way was developed, the same issue arose and the Applicant informed the Town of the problem and urged the pipe be resized; the Commission and Town believed it would not be a problem and now it is. The Applicant expressed sympathy for Mr. Miller's drainage problem; the Applicant believed the problem has been caused by the Town's negligence and any mitigation should be the Town's responsibility, including re-dredging the pond. The Applicant felt it would be an abuse of power for the Ellsworth family or its purchaser to be held responsible for dealing with the pipe problem.
Michelle Baker of 18 Talcott Mountain Road expressed concern about the size of the 18-foot wide driveway and the ability for fire trucks to enter. She has a tennis court, how close the road will be, and whether the fire trucks will require a larger road and the amount of room on each side of the road. The Commissioners clarified that the road width decision are outside Commission purview, but if the permit is approved it would be for 18-feet wide and they would have to return to the Commission if it were changed; Town Staff confirmed the Fire Marshall documentation dated 11/24/2014 accepting an 18-foot wide road conditioned on sprinklers in the residences with 12-13 foot wide driveway ends to allow fire trucks to turn. The Applicant's representative added a hammer head was added at the end with pavement 18-feet wide and 50-feet long so a fire truck could turn around and drive out; the pavement is 40 feet away from the tennis courts with a 10-foot easement and evergreens would be used to fill in and provide privacy; they would grade somewhat into the 10-foot easement, but are not clearing into it; the road would be 7 feet from the property line with a 2-foot shoulder and then they grade into it; 5 feet from it will be trees and an electric line some trees/limbs will be cut down to provide clear sky for the fire trucks; except for the entrance, the entire roadway would be in the URA. Ms. Baker indicated her concern was about a road going through a 50-foot easement between 2 homes and assuring the road size would be 18 feet wide. The Applicant's representative indicated the road would follow the existing contour and only rise 1%.
Sue Bednarcyk of 119 East Weatogue indicated her concern regarding an existing drainage problem caused by this property and that this project not exacerbate the problem. The Applicant's representative noted that existing drainage improvements on another plan would be installed on sale of those lots, but are not part of this project.
Ann Weld of Heather Lane expressed concern about this private road with a drainage problem onto a Town road and suggested very specific procedures/details for the Homeowners Association to deal with the problem in perpetuity allowing the Town enforcement capability; also, is the property to be purchased for open space confirmed. She noted the proposed drainage improvements for the other project on East Weatogue have not yet been seen by the Commission. The Commissioners noted expert testimony has been provided that the topography and storm water features planned for this subdivision would not add to the existing storm water problem; the Town receiving a conservation easement would be a backstop should the homeowners association not fulfill those obligations. The Applicant's representative added that after the subdivision is approved, a homeowners maintenance/inspection agreement for the subdivision would be written by an attorney, reviewed by Town Staff, and filed before any lots are sold; the Commissioners agreed that creation/maintenance of these documents can be mandated by the Commission as a condition of approval. Regarding open space, the Applicant confirmed the process of a lengthy close is ongoing; Town Staff indicated the Commission could comment to the Planning Commission regarding open space in relation to subdivision activity.
Regarding the rain garden details, the Applicant's representative indicated the soil scientist would provide a specific planting list as requested by the Town Engineer. The Commissioners noted that the Applicant's discussions with the Town Engineer need to be brought to a satisfactory conclusion; and Town Staff noted a total of 280 sq. ft. of actual disturbance to the wetland, and if the slope were to increase that amount, the Applicant would need to return to the Commission.
Commissioner Cunningham made a motion to close the Public Hearing.
Commissioner Purciello seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that the Commission find this is a regulated activity in that it involves direct impact on the wetlands and various construction activities in the Upland Review Area.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion the Commission find this is not a significant activity in that the direct impact is limited and that other impacts are avoided as indicated by various techniques, including collaborative storm water management practices and best practices in general.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that the Commission grant the permit subject to the conditions:
1) that any construction activity or material disturbance of the soil not be commenced until Town Staff has determined that seasonal weather conditions are conducive to the avoidance of erosion;
2) that the Applicant coordinate closely with Town Staff to assure that proper sedimentation and erosion protections be in place during each phase of construction, including, without limitation, to assure the protection of the rain gardens and other storm water features;
3) that all issues raised in the Town Engineer's 1/5/2015 memorandum be resolved to the satisfaction of the Town Engineer;
4) that the site plan for the property labeled 5 Talcott Estates contain a notation that the site's wetlands and areas within 100 feet of the wetlands are Regulated Areas for purposes of the Inland Wetlands and Watercourses Regulations and that Regulated Activities, including those which are "uses incidental to the enjoyment or maintenance of residential property" may not be practiced in those areas without a permit or a regulatory exception, and that each deed conveying such property be required to include such language;
5) that the Town of Simsbury be the grantee of a conservation easement, in form and substance satisfactory to the Town Staff and the Conservation Commission, protecting and requiring the maintenance of each of the storm water features and the 10-foot filter strip along the edge of the wetlands and that the existence of such easement be noted upon the site plan and referenced in each deed conveying a subdivision parcel; and should the storm water easement not be accepted by the Board of Selectmen, a new conversation would be required by the Applicant with the Conservation Commission;
6) that the Applicant acknowledge and advise the Home Owners Association or such other entity as may have responsibility for maintaining the private road that it will be required to seek a permit it if should wish to deposit sand, road salt, or other material in the Regulated Area unless a regulatory exception is found to be applicable; and
7) that there be no increase in the direct wetland effect or other material change in the disclosures presented to the Commission in connection with the Application.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion to move up for discussion Item IV. 1. regarding Erosion and Sediment Control Plan.
Commissioner Purciello seconded the motion, and it was passed unanimously.
IV. DISCUSSION AND POSSIBLE ACTION
1. Request of Maglieri Development, LLC, pursuant to Section 128-5(C), for review of modified Erosion and Sediment Control Plan
Following satisfactory discussions with Town Staff, the Applicant's attorney requested approval of the modified Erosion and Sediment Control Plan which now provides for 2 phases - Phase I would be for the private road and common features, and Phase 2 would be for individual houses with their sale based on the market; the area of disturbance has been significantly tightened and includes tree protections with some trees recommended for removal during construction.
Commissioner Spaulding made a motion to approve the modified Erosion and Sediment Control Plan.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
Margery Winters rejoined the meeting and resumed acting as Chairperson.
III. PUBLIC HEARING(s)
Commissioner Sexton made a motion to reopen the Public Hearing.
Commissioner Morrison seconded the motion, and it was passed unanimously.
2. Application #14-42 of John M. McCarthy, Agent; Chestnut Hill Associates of Simsbury, LLC, Owner; for a Wetlands Map Amendment to a wetland on and abutting the property located at 690 Hopmeadow Street (Assessor's Map G11, Block 132, Lot 053). Zones SC-1 and SC-2. (received 12.9/2014; public hearing must conclude by 2/12/2015)
Application #14-42 was read into the record.
The Applicant's soil scientist reviewed his investigation of the Applicant's property and the adjacent Ensign-Bickford (EB) property on 11/25/2014 in order to identify wetlands within 100 feet of potential regulated activities. The scientist investigated the soils primarily with borings and flagged mostly on the EB property; a wetland corridor runs mostly parallel to the southern subject property boundary crossing onto the subject property as a deciduous swamp and offsite as a shallow marsh; and it is bordered on the subject property by a fairly wooded slope with stable soils on urban land. The soil scientist noted one flagged stump was found onsite with no recent delineation. Regarding the need to field delineate the area, Town Staff explained the last Town map from 1983 showed similar lines as were flagged, but the soil service map showed it crossing well onto the subject property. The soil scientist included in his report the online NRCS soil survey map and the wetland soil boundaries sketched actually coming through a parking lot at property edge and a brook with potentially year-round running water and alluvial soils.
Acting Chairperson Winters invited public comment.
Commissioner Cunningham made a motion to close the Public Hearing.
Commissioner Sexton seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion to accept the map amendment as proposed by the Applicant.
Commissioner Purciello seconded the motion, and it was passed unanimously.
Wolf Mielert of East Weatogue Street thanked the Commission for their good work and described clear cutting on the mountain that affected him with runoff in his basement. The Commissioners noted that situation might improve with the changes proposed for new planned construction.
DISCUSSION AND POSSIBLE ACTION
2. Appointment of Rachel Blatt as authorized agent of the Commission
Commissioner Cunningham made a motion to appoint Rachel Blatt as the authorized agent of the Commission.
Commissioner Sexton seconded the motion, and it was passed unanimously.
3. Potential change in bylaws to accommodate filling Officer vacancies.
The Commissioners reviewed the existing Bylaw, potential clarifying language for how staggered 2-year terms run, and the benefits of being able to elect people for varied lengths of time.
Commissioner Sexton made a motion to add to Section II. B. of the Bylaws the following language: "... or such other meeting and for such shorter term as the Commission may choose in order to fill a vacancy."
Commissioner Morrison seconded the motion, and it was passed unanimously.
4. Schedule election to fill Officer vacancy
The election will be scheduled for the next meeting's Agenda.
5. Annual Report
The Commissioners requested that Town Staff insert and begin the report with the correct number of applications reviewed for the year, followed by the exciting story of what happened during the year with the background. Commissioner Rieger was thanked for his efforts.
V. RECEIPT OF NEW APPLICATIONS
None.
VI. CORRESPONDENCE/ANNOUNCEMENTS
Commissioner Rieger noted the conservation responsibility of the Commission to study and inventory the Town's natural resources and is working on that as the Open Space Committee representative. He provided a list of Town-owned open space parcels to the Commissioners and noted the need to sort/prioritize those parcels/parks. The Commissioners discussed the Board of Finance suggestion to sell some of the open space to gain funds for open space maintenance and the need for a method to categorize open space parcels; Town Staff noted a small lot with sales potential. A goal of the Onion Mountain maintenance project would be to educate the public regarding open space maintenance/management issues. Town Staff noted fee in lieu of could become more of a standard as subdivisions come before the Commission with the fee made available for stewardship of open space.
Town Staff reviewed with the Commission the draft letter for the Talcott Estates project regarding open space which would not be candidate for fee in lieu of due to the high quality of the open space going to the abutting Land Trust which would take on maintenance responsibility. Town Staff reviewed that the agricultural easement would be deleted from the letter; tree protections have been added to the plan and are no longer needed in the letter. The Commissioners noted that the 5+-acre house would have the wetlands against the Miller house and the Ellsworth house would have the agricultural easement for horses assuming the Planning Commission agrees. The Commission recommended taking some open space on this property would be a good thing.
Commissioner Sexton made a motion to forward the letter to the Planning Commission with the changes discussed.
Commissioner Purciello seconded the motion and it was passed, with Acting Chairperson Winters abstaining.
Town Staff will confirm whether a December letter to the Commission was received from Meadowood/River Bend explaining what stewardship has been carried out on the property; or the Commission would be obligated to notify them they are in default under the Meadowood open space easement.
Regarding potentially paving property on the river for bicycles, the First Selectman clarified at a meeting that the area was intended for pedestrians and would exclude bicycles.
It was noted an acceptable potential planting plan has been developed for Powder Forest.
VII. APPROVAL OF MINUTES of the 12/2/2014 regular and 12/9/2014 special meetings
For the 12/2/2014 Regular Meeting Minutes:
On Line 12, the name "Kottas" is corrected to "Purciello".
On Line 14, the language is revised to read, "There were no other nominations and the vote was unanimous."
Commissioner Sexton made a motion to accept the 12/2/1014 Regular Meeting Minutes, as amended.
Commissioner Morrison seconded the motion, and it was passed unanimously.
For the 12/9/2014 Special Meeting Minutes:
Commissioner Rieger made a motion to accept the 12/9/2014 Special Meeting Minutes, as written.
Commissioner Sexton seconded the motion, and it was passed unanimously.
VIII. ADJOURNMENT
Commissioner Cunningham made a motion to adjourn the meeting at 9:35 p.m.
Commissioner Spaulding seconded the motion, and it was passed unanimously.
_____________________________
Donald Rieger, Secretary