Conservation Commission / IWWA Minutes 04/18/2017
CONSERVATION COMMISSION/INLAND WETLANDS
AND WATERCOURSES AGENCY MINUTES
APRIL 18, 2017
REGULAR MEETING MINUTES - SUBJECT TO VOTE OF APPROVAL
I. CALL TO ORDER
Acting Chairman, Darren Cunningham, opened the Regular Meeting of the Conservation Commission at 7:30 p.m. in the Board of Education Conference 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: Darren Cunningham, Charles Haldeman, Jim Morrison, Jason Levy, and Donald Rieger.
1. Appointment of Alternates
Chairman Cunningham appointed Charles Haldeman to serve for Margery Winters.
III. PUBLIC HEARINGS
1. None
IV. OLD BUSINESS
1. Applications:
a. Application #17-06 of Robert and Joan Aiken, Owners, for the replacement of a deck in the upland review area to a wetland on the property located at 22 Park Road (Assessor’s Map D16, Block 406, Lot 060). Zone R-40. (received 04/04/2017; decision must be rendered by 06/08/2017)
Chairman Cunningham read Application #17-06 into the record.
Mr. Aiken, the Applicant, requested Commission approval for a replacement deck in back of their house and within about 5 feet of wetlands; there would be no change in grade, only deck replacement and footings set in concrete with the project to begin in May. Commissioner Morrison asked how excess soil would be handled; Mr. Aiken responded it would be taken off site. Mr. Glidden clarified while the work is within 5 feet of wetlands, it is grass covered soil and not swamp, and the work would be very limited with about a wheelbarrow of soil dug out.
Commissioner Morrison made a motion this is a regulated activity because the proposed construction is within the Upland Review Area.
Commissioner Haldeman seconded the motion, and it was passed unanimously.
Commissioner Morrison made a motion that this is not a significant activity because with appropriate erosion control measures and the limited scope of the project there should be very limited, if any, impact to the wetland.
Commissioner Haldeman seconded the motion, and it was passed unanimously.
Commissioner Morrison made a motion to approve the Application subject to the Special Conditions and Standard Conditions in the 04/11/2017 Staff Report.
Commissioner Haldeman seconded the motion, and it was passed unanimously.
b. Application #17-07 of Judith Fishman, Owner, for the construction of an 8’x22’ deck in the upland review area to a wetland on the property located at 24 Fernwood Drive (Assessor’s Map B19, Block 501, Lot 027). Zone R-25. (received 04/04/2017; decision must be rendered by 06/08/2017)
Chairman Cunningham read Application #17-07 into the record.
Ms. Fishman, the Applicant, requested approval to put a new 8’x22’ deck on the side of her home as soon as the work can take place; the ground is sloped so the deck would be raised with sono tubes in concrete supports. Mr. Glidden noted the proposed deck would be about 22 feet away from wetlands with a limited scope and no filling or grading. Commissioner Morrison asked how high the ground is above the wetlands where the deck would be; Ms. Fishman responded it would be about 7 feet higher in elevation at the highest point and about 2 feet higher at the lowest point and she planned to remove the soil from the site.
Commissioner Levy made a motion finding that this is a regulated activity.
Commissioner Haldeman seconded the motion, and it was passed unanimously.
Commissioner Levy made a motion that this is not a significant disturbance or activity.
Commissioner Haldeman seconded the motion, and it was passed unanimously.
Commissioner Levy made a motion to approve the Application subject to the Standard Conditions and Special Conditions in the 04/11/2017 Staff Report.
Commissioner Haldeman seconded the motion, and it was passed unanimously.
c. Application #17-08 of Michael R. Piteau, Agent; Ben Cerny, Owner; for the placement of an air conditioning condenser on a concrete pad in the upland review area to a wetland on the property located at 1 Washburn Road (Assessor’s Map F08, Block 147, Lot 007). Zone R-40. (received 04/04/2017; decision must be rendered by 06/08/2017)
Chairman Cunningham read Application #17-08 into the record.
Mr. Piteau, the Applicant, is an HVAC contractor planning to install central air conditioning for the homeowners, where a condenser unit would simply be laid on a 36”x 36” three-inch tall pad on level flat ground currently covered in gravel rock outside the home, which would be piped to an indoor attic unit. He confirmed the URA is about 27 feet away; and the CVPC plastic pad would be laid on the flat ground with no trenching, etc. required.
Commissioner Rieger made a motion finding that this is a regulated activity.
Commissioner Haldeman seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that this is not a significant activity because it evinces no damage whatsoever to the wetlands or upland review area.
Commissioner Haldeman seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion to grant the permit subject to the conditions contained in the 04/11/2017 Staff Report.
Commissioner Haldeman seconded the motion, and it was passed unanimously.
d. Application #17-09 of SL Simsbury LLC, Owner, for regulated activities associated with the construction of a multi-use path on the property located at 200 Hopmeadow Street (shown as Assessor’s Map F17, Block 154, Lot 009-1, Assessor’s Map F17, Block 154, Lot 009-2, and Assessor’s Map F17, Block 154, Lot 009-3). Zone HS-FBC. (received 04/04/2017; decision must be rendered by 06/08/2017)
Chairman Cunningham read Application #17-09 into the record.
Attorney T.J. Donohue representing the Applicant indicated they are requesting a permit for the multi-use path, which is a condition of the form-based code and the forthcoming site plan requiring they build a trail around the perimeter of the 40-acre development and connect the trail to the southern site, where the former Hartford building was located.
Rod Selicki, Project Engineer, provided the Commissioners with site photos, including a representation of the 485-foot long boardwalk noting about 180 feet would be within the wetland with about 20 sq. ft. of soil disturbance and a partial 12-foot wide trail crossing. He described the bridge portion sitting on 10-inch diameter pilings driven into the ground by vibratory hammer equipment located on top of the pier sections moving the excavator along as each 10-foot section is built, with no heavy equipment in the wetlands and very minor disturbance. He indicated they coordinated with DEEP and NDDB, which believe this is the best design to limit disturbance, as well as to any species.
Chairman Cunningham asked if the Town would be responsible for clearing this path in winter. Attorney Donohue understood as a planned community that it would be maintained by the association and would not be a publicly cleared path. Mr. Selicki clarified on the drawing wetland limits in red and buffer limits in light blue with only a minor crossing; basically, existing road drainage impacts this area and the planned minor clearing eliminates some invasives; they will maintain culvert integrity for Minister Brook but increase its span with no changes to the brook’s flow pattern; E&S controls would be installed per the 2002 State guidelines; they received positive feedback from Staff and believe this is one of the best solutions for this required crossing under the form-based code. Attorney Donohue confirmed receipt of Staff’s report/recommendations and agreed with all the conditions.
Commissioner Rieger asked how future replacement of pilings would take place; Mr. Selicki indicated it would be similar to how the initial work is done removing the section/piling and replacing it from the boardwalk. Commissioner Morrison asked how a dropped pile would be retrieved; Mr. Selicki believed a longer excavator could reach it from the path or from the grass shoulder onsite and not directly impact the wetlands. Mr. Vitaliano, Project Manager, added the boardwalk elevation is about 6-7 feet at its highest point allowing an excavator arm to grab the piling.
Commissioner Haldeman asked whether the walkway could flood; Mr. Selicki indicated the design is above the 100-year flood elevation with minimal piling fill of about 200 cu. ft. Commissioner Morrison asked if there could be a situation where a piling would not go into the ground; Mr. Vitaliano indicated there are different types of sections and the 10-foot section could be expanded to a 20-foot section, if required.
Commissioner Haldeman asked regarding the owner’s winter path clearing if there would be any chemical contamination of wetlands. Mr. Selicki believed no ice melt would be used given gaps between the boards and anticipated sun melt; Mr. Vitaliano believed clearing would be by a small bobcat. Attorney Donohue added this method is used predominantly on golf courses.
Commissioner Rieger asked about the impact of shading the wetland and whether there are any studies. Mr. Vitaliano indicated they performed extensive site studies and received a clean bill of health from DEEP; a small portion will be shaded and was found not to be significant from a plant/species view, and they may change to a different type of vegetation cover; they looked at the entirety of Minister Brook and found this location provided the least impact, as DEEP specifically did not want anything closer to the Farmington River; and it was noted the nearby wetland is fully shaded with the road/bridge having a short sun day.
Commissioner Morrison asked how the soil would be stabilized after clearing the brush in the wetland and upland review area, as some areas look steep. Mr. Selicki indicated E&S blankets would be used at slope bottoms and Mr. Vitaliano indicated an appropriate seed mixture could be selected. Commissioner Morrison clarified that where brush is cleared to put in the walkway there would be exposed soil underneath that would be shaded; Mr. Vitaliano responded they could find an appropriate seed mix/plantings and would work with Staff on that. Mr. Glidden noted there is an existing large stand of invasive species and cutting them back would be a benefit pushing away from steeper slopes adjacent to Rte. 10. Separately, he noted as they move toward the Farmington River the flood plain fans out and also the flood way for Minister Brook fans out, which could cause a greater disturbance. Commissioner Morrison felt while there are many benefits to the project, the only benefit of the invasive species would be to stabilize the soil in the steeper areas and was not sure anything else could be re-established there; he did not want to see the Applicant return after construction asking to put down 6 inches of gravel under the entire pathway to stabilize the slopes. Attorney Donohue agreed that was a good point, but noted it is a condition of their approved plan and the code that this portion of the site be designed and approved even though it will not be used right away. He continued if they begin construction as planned in late summer of 2017, it will take 3 years to build out and probably 5 years to do the next site with this Commission having continued jurisdiction; the DEEP has approved this plan/design and they are requesting this Commission’s approval for this portion of the plan. Mr. Glidden explained that special condition #4 in his Staff report provides the Applicant submit a $5K E&S surety bond to the Town to assure best management practices on the site so moneys would be available for immediate fixes; any work above and beyond the scope of this permit requires the Applicant to return to this Commission. Commissioner Haldeman asked what the plank spacing would be to provide light for growth underneath in the 12-foot wide shaded section about 7 feet above the ground; Attorney Donohue noted safety concerns determine spacing. Commissioners Morrison and Haldeman agreed if there is a wetland mix that will work, that may be the best solution; Mr. Vitaliano responded they would ask their wetland scientist and landscape architect to determine the appropriate seed/plant mix.
Commissioner Rieger made a motion finding that this is a regulated activity as it involves construction in a wetland and around a water course and in the upland review area.
Commissioner Levy seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that this is not a significant activity in that it has limited impact on the wetland and includes appropriate protections and safeguards against the occurrence of problems.
Commissioner Levy seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion to grant the permit with the conditions summarized in the 04/18/2017 Staff Report which the Applicant has said are satisfactory and taking particular note of the concern about possible lack of stability of the shaded area, which will be focus of Staff’s attention as this proceeds.
Commissioner Levy seconded the motion, and it was passed unanimously.
V. NEW BUSINESS
1. Receipt of New Applications
None.
2. Referrals
a. Referral from Zoning Commission for review of erosion and sedimentation plan on Zoning Commission Application #17-10 of SL Simsbury LLC, Owner, for a Site Plan Approval for development of The Ridge at Talcott Mountain, consisting of an assisted living facility, townhouses, apartments, garages, club house, pool, and office/retail buildings on the property located at 200 Hopmeadow Street (shown as Assessor’s Map F17, Block 154, Lot 009-1, Assessor’s Map F17, Block 154, Lot 009-2, and Assessor’s Map F17, Block 154, Lot 009-3). Zone HS-FBC.
Chairman Cunningham read the referral for Zoning Commission Application #17-10 into the record.
Attorney T.J. Donohue representing the Applicant requested a referral to the Zoning Commission for their Erosion and Sedimentation Plan; he noted receipt of Staff’s report and agreed with all comments/recommendations.
Mr. Selicki provided the Commissioners with handouts of the phased plan. He continued that as part of the form-based code application, this site’s master plan has been approved and they are now before the Zoning Commission for site plan approval, which also requires E&S approval by this Commission. He indicated they worked to assure the E&S plan protects Minister Brook and the Farmington River in a 3-phase plan. He noted in Phase 1 they will install perimeter controls around the whole limited disturbance using the sites natural topography to drain water to the perimeters, install diversion swales with check dams to temporary sediment basins allowing water to infiltrate the ground, or at least the particles to settle out prior to outletting the system. He continued that as part of Phase 1, they will install the main outlet control structure to the north along Minister Brook with main infiltration at the temporary detention filtration pond to outlet for high flows that do not infiltrate the ground and particles settling out and outletted to the level spreader dissipating flow as designed for the overall project to assure no erosion while they outlet the water. In Phase 1 the site would be stripped and rough grade established; and a rear infiltration detention pond established that would not be connected until vegetation establishes to that pond assuring there are no issues when water is connected to the pond.
Mr. Selicki indicated in Phase 2 that building construction begins, the road is installed, drainage infrastructure is installed with silt sacks in every catch basin and downspouts connected to the infrastructure, the pond would come on line for only clean water, and perimeter controls would be maintained throughout construction, as requested by DEEP. Commissioner Morrison asked if there is an inspection schedule. Mr. Selicki confirmed there is and they have submitted the 5-year plan as part of the drainage report, as required by the Town. Mr. Glidden explained the total area of disturbance for this project is 30 acres and is subject to a DEEP storm water permit; as part of the DEEP permit process, the Applicant is required to perform inspections and provide monitoring forms to the State and the Town after every storm event; during construction the Town will receive E&S reports from the responsible party throughout the project; over the long term their O&M plan for the storm water system requires monitoring the first 5 years after construction; for the sediment basin on the southeast site corner and the infiltration pond, it has been Staff’s concern throughout that construction runoff not contaminate/compromise the infiltration basin pond; these soils are similar to the well infiltrated sandy/gravel soils at nearby Garden Homes; and provided top soils or silty materials are not brought onto the site, a lot of construction runoff should be pretty clean water or infiltrate onsite, with minimal potential for E&S issues during construction because of the soils. Mr. Selicki confirmed once the top soil is stripped it is basically like septic sand with infiltration ranging from 300-600 inches/hour. Mr. Glidden noted this is similar to the material at Powder Forest and even with 30 acres of disturbance the probability of an E&S issue is very low provided good housekeeping practices are implemented/maintained throughout the project, and Staff will be onsite to assure that, e.g. perimeter controls and basins are constructed. Mr. Selicki indicated each area is constructed to the proper size/volume; as the site pitches, construction will begin in the northwest corner with water running off to the diversion swales and infiltration pond with construction phased to work with the water.
Mr. Selicki indicated Phase 3 would be to finalize town homes in the area of the large and temporary infiltration basin and allow runoff to enter the established pond, and to move the E&S perimeter controls in order to install the loop perimeter trail. Commissioner Morrison asked where the trail comes in on the plans; Mr. Selicki responded it is shown on sheet 39 with E&S reset so the trail can be built and slopes stabilized – this is done last to keep the diversion swales in place throughout construction to minimize runoff. Commissioner Haldeman asked for clarification that the purpose of the large pond is so at the very end all of the water from all of the roads drains to it providing ground infiltration; Mr. Selicki responded there are also a few underground systems throughout the quads of the parking areas collecting runoff, and there are building leaders collecting water which will be spread everywhere in the soils to recharge groundwater, and the pond is almost like a main overflow system with a sediment fore bay treating water from the road and a water quality unit before any water leaves.
Mr. Glidden noted that the Commission is acting in an advisory capacity to the Zoning Commission under Chapter 128; an E&S bond was recommended to be posted for $20K credit/cash and $5K cash for a total of $25K mainly because of disturbance in excess of 5 acres, which requires a State permit, and also consistent with the Town’s MS4 permit, the Applicant must provide copies of the State permit to the Town before any work occurs; an E&S pre-construction meeting be held with Staff; that there be no storage within the 100-foot buffer along Hopmeadow Street; and good housekeeping practices be maintained to prevent silt build up/soil compacting without using large machines during the project for the northwestern corner temporary sediment trap, which will serve as an infiltration basin for the development. Chairman Cunningham asked about current soil coverage; Mr. Selicki indicated it is tilled top soil from its former agricultural use; the Applicant purchased a turbidity meter when they did demolition on the south site to test every time it rained given concern about mussels in the brook. Mr. Glidden added special condition #9 requests that the design engineer review the site in Phase 2 because in the construction narrative as the site stabilizes the temporary measures will be filled in or removed, and he asked that the engineer recommend/determine that these areas be filled in, and not just decided by the contractor, so multiple parties are involved in making that decision. Mr. Selicki showed on the plan that the majority of the site would drain to the larger sediment basin with diversion swales throughout the project until it is finished; as the northern side is built, they will make sure areas are established before temporary measures are removed; and the pond is designed to only be 2-3 feet deep so that sediment can be cleaned out to reach good soils underneath. Commissioner Rieger asked that as seed is selected for around the infiltration pond that they also be mindful of what is suitable for wildlife, without jeopardizing erosion control; Mr. Selicki believed their landscape architect specified New England wildlife mix in the pond with E&S blankets up the slopes to make sure the pond is stabilized with vegetation throughout.
Commissioner Rieger made a motion finding that the plan presented to this Commission, as modified by the conditions in Staff’s 04/18/2017 report, which have been accepted by the Applicant, are deemed to be part of the plan and contain the material required for such a plan under Chapter 128; and we further find that the plan is sufficient to meet the objectives of sedimentation and erosion control as required under that Chapter, and accordingly make a favorable referral.
Commissioner Haldeman seconded the motion, and it was passed unanimously.
VI. GENERAL COMMISSION BUSINESS
1. Correspondence
Commissioner Rieger discussed attendance of Commissioners at a program sponsored by the Town and others on 04/17/2017 dealing with forestry that is relevant to requested Commission re-approval of the Onion Mountain Forestry Plan, which was tabled pending yesterday’s meeting. He continued there is a view that citizens should have an opportunity to speak to the Conservation Commission in a less formal workshop prior to the Commission addressing the Onion Mountain plan possibly at the 1st meeting in June; the Commissioners discussed the scope/timing/location of such a workshop and the timing needed to get the word out potentially for the 05/16/2017 meeting possibly in a smaller room. Commissioner Rieger requested Mr. Glidden contact Helen Petersen and other involved parties; and Mr. Glidden will email the proposed Onion Mountain Plan to Commissioners tomorrow.
Commissioner Rieger made a motion to plan a forestry workshop.
Commissioner Levy seconded the motion, and it was passed unanimously.
2. Approval of the Minutes of the April 4, 2017 Regular Meeting
Chairman Cunningham accepted for the record the April 4, 2017 Regular Meeting Minutes, as written.
VII. ADJOURNMENT
Commissioner Levy made a motion to adjourn the meeting at 8:30 p.m.
Commissioner Haldeman seconded the motion, and it was passed unanimously.