Conservation Commission / IWWA Minutes 05/07/2013 ADOPTED

CONSERVATION COMMISSION/INLAND WETLANDS
MAY 7, 2013
MINUTES FROM REGULAR MEETING

I. CALL TO ORDER

Rich Miller, Chairman, called the Regular Meeting of the Conservation Commission to order at 7:35 p.m. in the Main Meeting Room at the Town Offices.  Other members and alternates in attendance were:  Alan Needham, Patrick Kottas, Margaret Sexton, and Donald Rieger.  Also present were:  Howard Beach, Conservation Officer, Janis Prifti, Commission Clerk, and other interested parties.

II. APPOINTMENT OF ALTERNATES

Chairman Miller appointed Commissioner Rieger to serve as an alternate for Ryan Mihalic and Commissioner Kottas to serve as an alternate for Nick Zackeo.

III. PUBLIC HEARING(s)

a. Proposed changes to the existing Inland Wetlands and Watercourses Regulations for the Town of Simsbury, Connecticut

Following the 35-day notice requirement to the State Commissioner, the Commission can vote on the Proposed Regulations tonight.  While wording of the State legislative final copy cannot be changed, sentences or words of clarification can be added and a redlined draft was discussed.  Clarifications discussed included:  in Section 17.11.c. for the definition of "the holder", language was added about the intended beneficiary; subsection n. was added to the list of things the Applicant must tell them if there are any restrictions.   Regarding inspecting property after getting consent, language was changed to clarify consent was already given in the Application.  It was also noted the validity period has been updated.  The typographical area "return recipe" should be corrected to "return receipt" wherever it appears.  Regarding the State changing 5% to 15% for the graded area, the Town has great variety in wetland soils and this has not been an issue. 

Commissioner Rieger made a motion to approve the Regulations effective 6/1/13 as marked subject to further correction of "recipe" where it occurs and other edits.  Commissioner Kottas seconded the motion, and it was approved unanimously.

IV. DISCUSSION AND POSSIBLE ACTION

Commissioner Rieger made a motion to take up item b. first.  Commissioner Kottas seconded the motion, and it was passed unanimously.

b. Pre-application review for pool on East Weatogue Street

To take advantage of the planting season and following positive review by Town Staff, this project could move forward under administrative approval if the Commission agrees tonight.  The installation includes:  a 19x42-foot gunnite pool, spa with water feature effect elevated slightly, pavilion with 3 open sides and built-in fireplace, storage shed, and pool equipment located at the point closest to the 40-foot setback line; photos were provided showing the style and Google map location of the pool and the inland wetland line, a culvert on the other side of the road, and location of an intermittent brook/pond with an existing continuous grassy/sod area past the wetland line.  The pool is 42 feet off the corner of the house and parallel to the house in the sodded area with a little backfill.  A silt fence will be put in the area of disturbance with a small amount of soil stockpiled, the area brought back to grade and re-sodded, and the remaining material hauled offsite.  The gravel driveway goes to the road with tri-axles removing about 4 loads of material and clean fill utilized; work will be in an envelope outside the wetland line; a small trench will be dug to power the pool equipment and the propane tank is in the house.  The house has a septic system and Town water and FVHD has already given approval.  Excavation for the closed shed is estimated at 70-80 yards; it will be 4 points on piers with 12-inch sono tubes and 8-inch columns on the upper half; pool chemicals will be in sealed containers.  The pool will be of stonework, e.g. granite, blue stone; cartridge filters today are large and do not need to be backwashed and are taken out and washed once a year; winterizing involves taking water down to the skimmers; water could be pumped uphill here away from the wetlands and late in the year the water has a low amount of chlorine.  Today's pool systems circulate water from the pool and return it.

Permits for pools for anything over 200 sq. ft. must be outside the building setback line.  Most pertinent is that water not be pumped out of the pool to the wetlands but onto the lawn with sheet flow infiltration and chlorine content lowered.  The pros/cons of salt and chlorine vs. UV vs. ozone and backup systems were discussed and the need to maintain levels between 200 and 400 ppm for swimming.  The silt fence will prevent runoff to the wetlands of stockpiled soil; material will be removed immediately except for soil used to regrade the slope to the wetlands and then re-sodded and landscaped; clean fill with some stone will be used for backfill and is less likely to erode.  The intent is to begin excavation in the next 1 1/2 weeks; the project will take about 7 weeks.

The Commissioners discussed their procedure to vote on approving such pool applications when wetlands are present, but in this case given the project parameters, timing, and Town Staff positive review, an exception is agreed to allowing administrative approval.

a. Stormwater document

Large R160 zoned lots in Simsbury lack infiltration and for these lots the Town may default back to methods used over the past 30 years.  Adopting this policy to use LID techniques where applicable requires developers to review LID requirements.

Town Commissions are all adopting the same version of these standards, but for areas where they don't work the Town will utilize past effective practices.

Commissioner Rieger made a motion to adopt the Policy for Stormwater Management and Drainage Design Guidelines.  Commissioner Kottas seconded the motion, and it was passed unanimously.

V. CEASE AND RESTORE (continued from 4/16/2013)

a. Emergency re-grading and stabilization of dredged material in the wetland adjacent to Owens Brook

Town Crews last fall began cleaning out a culvert which expanded to a 300-foot area.  Because of the concern spring weather water flow down the bank would carry material to the stream, 5-6 truckloads of composted leaves were deposited and roughly spread and the area is already re-vegetating the.  The Commissioners agreed with the result.

In another location in the 100-foot upland review area, Town Crew left piles of stone and material which are also proposed to be pushed down to re-vegetating.  In the future unless Town Crews are within 3 feet of a concrete culvert, they will check with the Crew Chief and Town Conservation Officer before moving forward.  The Commissioners agreed with that direction and Town Staff's issuance of a cease and restore.

On the hill toward Oxford Ct., Town Staff have met with the owner of the last home 2-3 times over the past few years regarding a conservation easement on top of the bank where vegetation has been pulled out and material pushed over the hill causing erosion and creating a 1:1 slope down to the wetlands.  Now it all has to be re-stabilized and a cease and restore has been issued by Town Staff to fill the ditches, hand rake the whole area, lay hay matting all the way down the hill underneath, put the turf back down and staple it into the ground to prevent eroding, and plug approved plants through the matting to stabilize the soil.

VI. RECEIPT OF NEW APPLICATIONS

WPCA is coming in for a wetlands permit at Wheeler/Hunter Streets on the Avon/Simsbury Town line; the easement area was not accessible and some trees are being removed and crushed stone deposited in low spots in order to access the area to work on the sewer system.

VII. CORRESPONDENCE/ANNOUNCEMENTS

Regarding potentially locating the Senior Center at the Performing Arts Center adjacent to wetlands, it is one of 3 options under consideration and permits to build in the upland review area would be required; the existing permitted parking area is surrounded by wetlands.  The water in the area has often been sampled by FVHD due to its naturally high content of iron oxide and bright orange color in the spring.

The upcoming DEEP Legal and Administrative Update training session 2 will be held Thursday, 6/6/13 at UCONN/Torrington from 9-1.  Each Town receives a voucher for one free attendee.  A tape of basic session 1 is available for Commissioners to borrow from the Town.  Session 3 provides a variety of wetlands related material but not core material.  DEEP prefers to provide their viewpoint directly to assure what they have agreed on is known to attendees.

Regarding the Hartford Property, a Design Charrette is being undertaken with the Hartford paying $175,000 of the cost and having final selection of the consultant.  The Town is contributing $35,000 and a Town Committee will manage the project to develop a Master Plan.  The site is about 170 acres with 40+ acres to the north of Saxton Brook that is un-developed and there are some endangered species along the River.  The topography of the site and vistas were discussed.  It was noted there is a federal wetland area with hydrophytic vegetation.  The property is split into 3 pieces:  1) north property; 2) the physical building surrounded by 10 feet; and 3) the land.  The Hartford was the largest taxpayer in Town at $1.7 Million.

Chairman Miller recused himself prior to discussion of the next item.

VIII. DISCUSSION AND POSSIBLE ACTION

a. Discussion of the MDC letter

The Commissioners discussed the draft letter for Commissioner Winters' signature expressing willingness to meet with a representative of MDC and potential copy recipients. 

Commissioner Rieger made a motion to approve the letter subject only to Commissioner Winters' confirming that she is in fact on board and that her signature be affixed to it followed by sending out the original to Mr. Stone with copies to the indicated cc's; and after an interval of not more than a day, send it to the rest of the world, specifically including Representative Esty.  Commissioner Kottas seconded the motion, and it was approved unanimously.

Regarding the Sunday Courant article, further modification of the MDC letter in response was discussed.

IX. APPROVAL OF MINUTES of April 16, 2013

Tabled until a quorum is present.

X. ADJOURNMENT

Commissioner Sexton made a motion to adjourn the meeting at 9:05 p.m.  Commissioner Kottas seconded the motion, and it was passed unanimously.

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