Conservation Commission / IWWA Minutes 05/05/2015

Meeting date: 
Tuesday, May 5, 2015

CONSERVATION COMMISSION/INLAND WETLANDS &

WATERCOURSES AGENCY MINUTES

MAY 5, 2015

REGULAR MEETING

 

 

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.  Other members and alternates in attendance were Patrick Spaulding, Jim Morrison, Phil Purciello, Margaret Sexton, Donald Rieger, Donna Beinstein, Andrew O'Connor, and Darren Cunningham.   Also present were Rachel Blatt, Assistant Town Planner; Michael Glidden, Code Compliance Officer, Janis Prifti, Commission Clerk; and other interested parties.

 

 

II.        APPOINTMENT OF ALTERNATES

 

No alternates were seated.

 

 

III.       ADMINISTRATIVE APPROVALS

 

Commissioner Rieger made a motion to amend the Agenda to add Item#3.

 

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

 

                        1.         Application #15-05 of William Abrahamsen, Applicant/Owner, for the addition of a wooden deck in the Upland Review Area to a wetland on the property located at 9 Kelly Farm Road (Assessor's Map F05, Block 302, Lot 071B-6). Zone R-25.

 

                        2.         Application #15-07 of Michael Cottrell, Applicant/Owner, for the replacement and enlargement of a deck in the Upland Review Area to a wetland on property located at 29 Butternut Lane (Assessor's Map E17, Block 204, Lot 004). Zone R-40.

 

                        3.         Application for a 6x8 foot deck with access ramp built on 8-inch piers about 50 feet from the wetlands on grassy lawn with ornamental ground cover.

 

The Chairman thanked Town Staff for administrative processing of the three applications.

 

 

 

Commissioner Rieger made a motion that this is a regulated activity as it involves removal and deposition of material and construction in a wetland.

 

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

 

Commissioner Rieger made a motion that it is not significant activity in that it should have no evident detrimental impact on the wetland, it does not involve activities in sensitive habitat areas, and it incorporates appropriate protections.

 

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

 

Commissioner Rieger made a motion to grant the permit subject to the condition that the silt fence be nudged a little bit to accord some nesting room for the turtles with the inclusion fence in place before the turtles start nesting, and that the timing and other aspects of on the ground work be closely overseen and agreed to by Town Staff.

 

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

 

 

IV.       DISCUSSION AND POSSIBLE ACTION

 

                        1.         Application #15-06 of Hop Meadow Country Club LLC, Agent; George P. McLean Estate, Owner; for beaver management in a wetland on the property located at 85 Firetown Road (Assessor's Map E08, Block 148, Lot 001). Zone R-40. (received 04/21/2015; decision must be rendered by 06/25/2015)

 

Application #15-06 was read into the record.

 

Commissioner Spaulding recused himself.

 

The Golf Course Superintendent described their normal process of trapping beavers in the allowed season from November to February on Hop Brook because their dam floods part of the golf course; this year the trapping season expired before the winter weather abated so they filed for a State permit to remove the beavers, which was denied.  The Superintendent next consulted  Town Staff which resulted in re-filing and obtaining an extension to trap and subsequently remove the beavers.  The Superintendent felt there was no longer a need for beaver deceivers, but requested the Commission's permission to disassemble the dam indicating that the Millwright Restaurant wants to assure water flow in their area further downstream; the work would be done by hand over the course of the summer. 

 

Regarding the potential return of beavers to area, the Superintendent indicated they have managed it over the years by trapping them in the beaver-trapping season and disassembling the dam, at this point, should prevent issues going forward.  The Commissioners suggested that utilizing beaver deceivers would maintain the pond level at a lower height and defuse the noise that attracts the beavers for a more long-term solution.  The Superintendent noted the beavers have been in this area 3 times over the last 10-13 years and they could install drainpipe for flow through the dam; the Commissioners expressed concern about maintaining the habitat behind the dam.  The Commissioners asked if the beaver deceivers were installed up gradient lowering the pond level to the pipe intake level, how deep would they be set to correct the flooding problem?  The Superintendent indicated the current dam height has provided a water level that has now drawn back 30 feet with no flooding and the pipe could be put in at the current level; previously, nearby Grimes Brook's water level was also higher due to the dam. 

 

Regarding the amount of time to remove the dam, the Superintendent indicated it would take place over the summer as staff time allows and there would be no need to install the beaver deceiver; however, he noted that the beavers have built dams further downstream but their golf course location has greatest impact.  The Superintendent noted there is a high school Lacrosse Field nearby that could be affected by flooding.  Town Staff indicated that at the time of inspection, the water level was saturating the golf course edge and some larger and smaller trees had been taken down in the area by the beavers.  The Commissioners discussed whether other flora/fauna habitat had been created by the beaver which could remain by simply lowering the water level with a properly functioning beaver deceiver; it was noted the beavers typically exhaust the food source and move on and the beaver deceiver would also reduce the appeal to the beavers of running water.  The Commissioners indicated the beaver deceiver has a pipe and surrounding cage structure at the intake with a goal of making the habitat less desirable to the beavers and eliminating the need to trap them, but they do provide desirable habitat for other creatures.  The Superintendent indicated currently the stream is back in its normal location, but the Commissioners felt the beavers will be back and a long-term solution is best. 

 

The Superintendent welcomed the Commission's suggestions and if beavesr return to another part of the stream, they would trap them during the season, and would return to the Commission for approval to put another beaver deceiver in at another location to prevent the golf course from impacting downstream businesses with wetland water flowing laterally.  The Commissioners explained that ground water keeps rivers flowing during the summer and keeping it in the wetlands and slowly releasing the flow later in the year would not be detrimental downstream flow.  The Commissioners discussed whether the best solution was to remove the dam or to preventatively leave the dam and install the beaver deceivers.  The Applicant wanted minimal impact to the watercourse and to reach a positive decision; but if the beavers return this summer, he requested permission to install the beaver deceivers. 

 

Commissioner Cunningham made a motion that this is a regulated activity since it involves direct impact and removal of material from the wetland and the watercourse.

 

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

 

Commissioner Cunningham made a motion that this is not a significant activity because it involves all work by hand with minimal effect on the watercourse and the wetland.

 

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

 

Commissioner Cunningham made a motion to approve the permit, as described with removal at dry time by hand of the dam that has been created, and if there is further damming the use of the deceiver as described is approved to be implemented; and should any further beaver activity occur onsite the installation of beaver deceivers is approved and preferred to any further trapping of the beavers in the future, at this point; and in undertaking any additional activity for beaver deceivers, the Applicant should engage Town Staff for guidance.

 

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

 

The Commissioners discussed the difficulty of relocating wildlife, and therefore, the trapped beavers are destroyed.  Town Staff believed the beaver deceivers have been used for culverts, but not necessarily for dams to date; the Commissioners believed it would be a wise practice for the Town to follow.  Wanda Coleman of 14 Main Street Extension in Tariffville offered to share the beaver on her property with the Town which came from a nearby large beaver population.

 

 

V.        RECEIPT OF NEW APPLICATIONS

 

Town Staff noted receipt of an Application for erosion/sedimentation control review for a project on Wolcott Road.

 

Town Staff indicated another Application was received today for Lot 10A on East Weatogue Street for a culvert crossing of a wet area.

 

 

VI.       CORRESPONDENCE/ANNOUNCEMENTS

 

Town Staff provided copies of the Farmington Water Association Newsletter and Annual Report.

 

Town Staff updated the Senior/Community Center wetlands are being flagged by SES with mapping remaining to be done and an application expected in early summer; Commissioner Beinstein is representing the Commission in this process and requested suggestions from other Commissioners; the architect selection for the building and design team qualifications for a short list are being evaluated with an interview process to follow and time for preliminary comments from this Commission.  The Commissioners noted that if the line shown in the Master Plan were accurate, the Senior/Community Center site would be astride the 100-foot flood line.  Town Staff indicated the BOS prefers this site if the full investigation reveals it will work; portions of the site may be outside the flood plain area and the survey process should verify that.  The Commissioners asked Town Staff to find out if there are currently expenditures for this process and timing for the assessment to drive the design.

 

Town Staff noted a land survey and phone survey poll are being done by the Town looking for suggestions;  suggestions from the Commissioners were requested for consideration by the pollsters.  The Commissioners asked whether the Open Space Committee which meets on 5/6/2015 would have a question in the survey.

 

Regarding investigation of the historic permits for the extension of Wilcox Street, Town Staff should have input for the next meeting.  The Commissioners noted a freestanding building in the PAC area about 10-feet from standing water which appeared to be new but has not come before the Commission. 

 

The Commissioners discussed conservation issues that could be dealt with at a meeting when there are no applications for review, e.g. developing an ordinance based on the State model water use restriction ordinance in anticipation of a drought and who would be restricted and how to make a recommendation to the Town; John Hampton would likely provide legislative background assistance - Greenwich has an ordinance in place; understandings would be required with Aquarion Water and large water users in Town, including the golf course; the Commissioners are considering who would undertake this project.  It was also noted that some Commission permits previously granted have expired, e.g. Apple Lane.  The Commissioners noted previous requests to have Town Public Works come before the Commission to present wetland-related projects they are working on and what herbicides they are  using near catch basins and drains; Town Staff is working through that. 

 

Town Staff indicated a Spruce Lane property backing up to Latimer Lane has 9 dead Hemlocks they would like to remove with Mtn. Laurel plantings at the edge and whether the Commission would like to have it come in; it was approved in 1999 as part of a subdivision by the Planning Commission regarding open space and a berm added to enhance screening between properties.  The Commissioners noted they could deal with it as an application at the next meeting and then ask the BOS to endorse the outcome to resolve any jurisdictional question.

 

 

VII.     APPROVAL OF MINUTES of April 7, 2015 Regular Meeting

 

On Line 18, following the name "Darren Cunningham", the words "who recused himself from the Public Hearing." are added.

 

Commissioner Spaulding made a motion to approve the April 7, 2015 Regular Meeting Minutes, as amended.

 

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

 

 

VIII.    ADJOURNMENT

 

Commissioner Spaulding made a motion to adjourn the meeting at 8:30 p.m.

 

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