Conservation Commission / IWWA Minutes 03/21/2017

Meeting date: 
Tuesday, March 21, 2017

CONSERVATION COMMISSION/INLAND WETLANDS

AND WATERCOURSES AGENCY MINUTES

MARCH 21, 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 Simsbury Board of Education 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, Jason Levy, Jim Morrison, Darren Cunningham, and Donald Rieger.

 

1.            Appointment of Alternates

Chairperson Winters appointed Charles Haldeman to serve for the vacancy.

 

 

III.           PUBLIC HEARINGS

1.            None

 

 

IV.          OLD BUSINESS

1.            Applications:

a.            Application #17-02 of Dorset Crossing LLC, Owner, to demolish existing culvert and install a new 5’x4’ box culvert as a result of the re-subdivision of 115 Casterbridge Crossing (Assessor’s Map H04, Block 403, Lot 13A-G) and 130 Casterbridge Crossing (Assessor’s Map H04, Block 403, Lot 13A-D). Zone PAD. (received 01/17/2017; 30-day extension granted, decision must be rendered by 04/22/2017)

 

Chairperson Winters read Application #17-02 into the record.  Mr. Glidden indicated the Applicant advised the Town they are continuing to prepare their drainage report; and while revised plans have been provided to the Town, supporting documentation for completed engineering review and flood review have not yet been provided.  Mr. Glidden believed the Applicant should be present at the next Commission meeting.

 

Commissioner Rieger made a motion to table Application #17-02.

 

Commissioner Levy seconded the motion, and it was passed unanimously.

 

 

b.            Application #17-03 of Kevin Kowalski, Simsbury Volunteer Fire Company, Applicant; Town of Simsbury, Owner; for the construction of a playscape on the property located at 22 Iron Horse Boulevard (Assessor’s Map H09, Block 226, Lot 003A) and the property adjacent to the southern boundary of the same (shown on the Assessor’s Map as Map H10, Block 226, Lot 002).. Zones SC-3, SC-4, and R-40.  (received 03/07/2017; decision must be rendered by 05/11/2017)

 

Chairperson Winters read Application #17-03 into the record.

 

As requested at the last Commission meeting, Kevin Kowalski provided documentation for the approximate 20’x30’ unit regarding fencing and its placement to protect from runoff; the fencing would be 6 inches deep, with soil removed from the site, the area boxed with 6 inches of crush and 5 inches of process compacted 98%, and the contractor providing the 2-part water permeable rubber product.  He showed an area for offsite work and indicated they will work with Parks and Rec to coordinate the remainder of their project and noted existing fencing is falling over; there is a side gate where they would bring in a bobcat to dig and where erosion fencing protection would be put up, without damaging the 20’x30’ play area shown on the drawing that the Commission is concerned with.  Mr. Kowalski confirmed the excess material would be taken away and the Special Conditions in Mr. Glidden’s Staff report are acceptable.

 

Commissioner Rieger asked if there has been any communication from the Town regarding other open issues on the site.  Mr. Glidden confirmed receipt of input and suggested discussion later in the meeting.

 

Commissioner Cunningham made a motion that this is a regulated activity since it is within 50 feet of mapped inland wetland soils and requires disturbance of that area.

 

Commissioner Rieger seconded the motion and it was passed unanimously.

 

Commissioner Cunningham made a motion that it is not a significant activity based on the limited disturbance to the area and the scope of the project.

 

Commissioner Rieger seconded the motion and it was passed unanimously.

 

Commissioner Cunningham made a motion to grant the permit subject to the Special Conditions contained in the 03/21/2017 memorandum of Michael Glidden.

 

Commissioner Levy seconded the motion and it was passed unanimously.

 

 

V.            NEW BUSINESS

1.            Receipt of New Applications

 

Mr. Glidden indicated 2 new applications have been received:  1) an Application on behalf of the Town for improvements at 10 Forest Park.  Adam Kessler of the Engineering Department introduced himself indicating this is one of his first projects, and provided a brief explanation of the proposed project, which is at the beginning of the Ethel Walker Woods Master Plan in the Town Forest part of the system.  He plans to provide an in-depth presentation of the proposed project at the next Commission meeting and requested Commission guidance regarding Parks and Rec’s potential demolition of two structures; one structure shown in red outside the 100-foot URA built into the slope next to the parking area; and another structure shown in orange close to Stratton Brook and within the URA.  While Parks and Rec has the time and to save on cost, he proposed they demolish the 2nd structure and restore the area, although ideally they would like to do both structures at the same time if possible to take advantage of the upcoming growing season, but they can wait until they have received a permit to do any work.  He indicated erosion controls would be installed due to brook disturbance, and request Commission guidance.  Commissioner Morrison asked if the building in the URA is slab on grade.  Mr. Kessler believed it was and the other structure outside the URA has a stone foundation built into the slope, which will take a little extra fill to clean up.  Commissioner Cunningham asked why the structures were being removed.  Mr. Kessler responded that they are run down. a little creepy, and no longer serve a purpose; Parks and Recs has no desire to use them for storage; but the existing pavilion closer to trail access will be retained and spruced up.  He summarized that the structures present a safety issue and it would be in the Town’s best interest to eliminate them.  Commissioner Rieger asked if the demolition could be done in the next 2-3 weeks.  Mr. Kessler responded if Parks and Rec has the time, they would like to tell them to go ahead with the URA structure demolition; however, the structure outside the URA could be done first and the slope restored, or they could easily wait, depending on Commission’s preference.  Commissioner Rieger indicated a bias against working without a permit unnecessarily.  Commissioner Morrison wondered about taking down everything except the concrete slab and whether that required a permit since there would be no disturbance.  Mr. Kessler responded that work could be done by hand and is something to consider.  Commissioner Cunningham asked if the requested permit is for one structure or is it more encompassing.  Mr. Kessler responded the permit addresses anything within the URA associated with their activities; they plan to remove all gravel from the expansive parking lot and to formalize the parking area with 7 paved spaces, one handicapped accessible, which is a main goal of the Ethel Walker Master Plan; and there would be a bituminous paved path down to the southern end main bridge to bring people into the trail system – that bridge is also a safety hazard and would be replaced  without touching its foundation making it handicapped accessible - that is the project limit to date.  Mr. Kessler indicated their goal is to create a welcoming front door, repair existing safety hazards, and provide an accessible path noting one section is at 4-5% and will erode, so they plan to keep it a bituminous path.  Chairperson Winters asked if it would give them a head start to begin demolition and then come back at a later date for upgrades.  Mr. Kessler responded the requested permit is for the whole project.  Mr. Glidden explained that Mr. Kessler asked for guidance and he suggested possibly taking the derelict structure in the URA down by hand without area disturbance, and the structure outside the URA could be taken down using standard best management practices; the Commission could provide guidance to take the URA structure down by hand to the slab until a permit is issued to conduct regulated activities and remove the slab.  The Commissioners asked if that would suit their need; Mr. Kessler agreed it would work out perfectly and give Parks and Rec an option to move forward in the growing season and save on cost; but he wanted to be safe regarding Commission concerns for the structure outside the URA.  Mr. Kessler indicated Milone and McBroom would thoroughly review the Application at the next Commission meeting.  Chairperson Winters confirmed Commission consensus for the plan to proceed as discussed and thanked Mr. Kessler for seeking Commission guidance.

 

2)  Mr. Glidden indicated receipt of an application on behalf of the Board of Education to replace the high school tennis courts.  Milone and McBroom has prepared associated plans with supporting wetland delineation and reports.

 

 

VI.          GENERAL COMMISSION BUSINESS

 

Mr. Glidden discussed the Commission’s Simsbury Meadows concerns indicating a meeting was held with the Director of Planning, Lisa Heavner, Tom Roy, and other individuals to discuss outstanding issues.  He said the First Selectman directed him to file an application with this Commission for the fireworks road, but because of concern about the regulatory person developing the plans the services of a soil scientist will be retained to develop an independent plan for the application.  He indicated 3 firms have been contacted but they will need to wait for the area to become weather accessible and requested the Commission allow 60 days for the application to come in.  The Commission agreed to that request. 

 

Mr. Glidden also reviewed that a meeting was held with Bob DeCrescenzo to go over Simsbury Meadows historic approvals.  Mr. DeCrescenzo has all application files along with Dog Park construction files found in the Engineering Department and will assess what was approved and built; he plans to provide an opinion in 1-2 Commission meetings with guidance on how to handle the situation.  Mr. Glidden hopes to have 3 answers/actions on the table within 3 months.  Commissioner Rieger recalled a plan for Mr. DeCrescenzo to call him regarding the expert problem, but has not heard from him to date.  Mr. Glidden indicated Mr. DeCrescenzo has been extremely busy, as has the Planning Department, with the Planning Commission’s Climax Road 8-30g Application as a decision is required by month end.  Mr. Glidden will relay that Commissioner Rieger is waiting for a phone call.

 

1.            Correspondence

 

Commissioner Rieger advised that the Commission’s proposed drought ordinance was not initially successful at the BOS, with 3 members not ready to approve; the BOS recommendation was to consider possible language changes by a subcommittee of Messrs. Kelly and Paine to make it acceptable to additional members.  Chairperson Winters thanked Commissioner Rieger for putting it on the record.

 

2.            APPROVAL OF MINUTES of the March 7, 2017 Regular Meeting

 

Chairman Winters accepted for the record the March 7, 2017 Regular Meeting Minutes, as written.

 

 

VII.         ADJOURNMENT

 

Commissioner Levy made a motion to adjourn the meeting at 7:55 p.m.

 

Commissioner Cunningham seconded the motion, and it was passed unanimously.