Conservation Commission / IWWA Minutes 05/16/2017
CONSERVATION COMMISSION/INLAND WETLANDS
AND WATERCOURSES AGENCY MINUTES
MAY 16, 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 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, Donna Beinstein, 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 #17-10 of Tom Earl, Westminster School, Applicant; The Trustees of Westminster School, Inc., Owner; for proposed activities including clearing and grubbing the existing outlet area to construct a new preformed scour hole on the property located at 995 Hopmeadow Street (Assessor’s Map H07, Block 103, Lot 034). Zone R-40. (received 05/02/2017; decision must be rendered by 07/06/2017)
Chairperson Winters read Application #17-10 into the record.
The engineer representing the Applicant described the location of the outlet noting that some of Westminster’s storm water contributes to this outlet/discharge. He indicated that the Office of State Traffic and Administration (OSTA) required them to do some maintenance to the outlet. He noted currently two fairly large trees completely obstruct the discharge point and the area underneath the concrete headwall is completely scoured with no supporting soil; OSTA has asked them to fill in the area with process aggregate and compact it, remove the two trees and pull the stumps, and construct a scour hole, which is basically a rip rap pad to dissipate storm water energy. He indicated this would all be storm water maintenance and they are before the Commission because of proximity to a wetland area. He continued that construction is anticipated to last 1-2 days; an existing access driveway from Hopmeadow Street would be used for construction access with an additional small access drive constructed to the outlet; small equipment, e.g. backhoe, would be used to place soil underneath the headwall and drop the scour hole.
Commissioner Rieger asked if they would discharge to Owens Brook; the engineer confirmed they would with the actual discharge about 30 feet away from the Brook. Chairperson Winters asked if there was a channel from the scour activity; the engineer confirmed there was where water leaves the pipe and that it is not vegetated and mostly sandy soil, which is possibly storm sediment. The engineer indicated the limit of disturbance would be just for the scour hole itself and they are not reconstructing the path to Owens Brook. Commissioner Morrison asked if there were two catch basins; the engineer confirmed two catch basins on Hopmeadow, and possibly one more further up Hopmeadow, and the Memorial Drive drainage system ties into those catch basins; the scouring identified by the State occurred over years and the engineer indicated campus soils absorb storm water with rarely any discharge from the campus, but there is no storm water retention for the driveway and that reaches Hopmeadow. Commissioner Haldeman asked for clarification regarding what is causing the scour problem; the engineer explained it comes from both Memorial Drive and Hopmeadow – Westminster is responsible for maintenance because they are contributing to that pipe; calculations are based on the flow rate provided in the packet. Commissioner Morrison asked about the aggregate composition; the engineer confirmed it would be placed in a 2-foot void underneath the concrete headwall compacting it in place, and it would not contain any pieces of asphalt, concrete, or brick.
Commissioner Cunningham made a motion this is a regulated activity because it involves disturbance to the Upland Review Area.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Cunningham made a motion that this is not a significant activity due to the limited amount of disturbance to the area taking into consideration the Staff comments and conditions of approval.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Cunningham made a motion to grant the permit subject to the conditions contained in the Staff memorandum of 05/10/2017.
Commissioner Morrison seconded the motion, and it was passed unanimously.
V. NEW BUSINESS
1. Receipt of New Applications
Commissioner Cunningham made a motion to amend the Agenda to include item #17-11 for modification of erosion and sediment control for Applications #15-21 and #16-06.
Commissioner Morrison seconded the motion, and it was passed unanimously.
The Applicant’s engineer discussed two parts to this amendment approved in 2015. He indicated item #1 relates to erosion control matting; their contractor used a hydro-seed sprayer to apply a bonded fiber matrix together with seed onto the steep slope sides, as opposed to rolling out the previously approved erosion control matting, stapling it into the hillside, and then coming back and seeding. He continued that the matrix prevents erosion during heavy storm events as have occurred recently with no erosion, it anchors to slope soils, it does not form a hard crusty cover inhibiting vegetative growth nor increase slope runoff, and it biodegrades/dissolves in about a year; the matrix product is an approved DOT material erosion control mat substitute, although not this specific brand; he indicated various locations where they applied the matrix and provided the Commissioners with photos of good grass growth in those areas after 2-3 weeks.
The engineer indicated item #2 relates to the Zoning Enforcement Officer’s ability to allow Certificates of Occupancy (COA) for portions of the project completed by early June separating them from the Dining Hall project which will not be complete until early August. He noted current approval requires all conditions be met and all slopes stapled before any COA’s can be issued; but 42A, 43, and 43A are done and they will shortly apply for those COA’s as their steep slopes are vegetated and stable, with storm water basin construction completed, because they need to move faculty into those buildings by early June to stay on schedule for students fall return, especially given that one house will be taken down requiring those faculty/families to move into the new apartments. He noted the Dining Hall COA will likely be applied for at the beginning of August.
The engineer indicated item #3 relates to Cushing Hall and will be considered separately.
Commissioner Rieger asked for clarification of what the Commission is being asked to present to Zoning. Mr. Glidden explained that because this Commission serves as the erosion and sediment (E&S) control board, Zoning cannot authorize change to the E&S plan and a condition placed on the E&S plan was that no COAs could be issued for the project until the entire slope was stabilized; however, the Applicant made a great effort using this new product to stabilize slopes which should allow them to apply in the next two weeks for COAs; the Dining Hall project is a little behind and is more complex. The engineer explained that this project is fairly complete with final grading to be completed this week and the last piece of work for the Dining Hall involves constructing a rear parking lot and stabilizing that slope requiring them to cut in, and is located in a separate area from the resident/faculty apartments.
Mr. Glidden indicated Staff has no objection to separating the project into Phase 1 and Phase 2 given that in 10 days they already have grass growing on 2:1 slopes in two significant storm events; and he noted the new DOT-recommended mesh product used here is not recommended/suggested in the 2002 E&S manual, which is one reason they returned to the Commission; and the engineer confirmed the product can be used on slopes as steep as 1:1. The engineer indicated the plan for the slopes allows for natural vegetation growth with maintenance 1-2/x year to potentially cut down taller grasses.
Commissioner Cunningham made a motion to modify the permit as requested for modification Applications #15-21 and #16-06 to permit the use of a hydro blanket.
Commissioner Rieger seconded the motion, and it was passed unanimously.
Commissioner Cunningham made a motion to modify the erosion and sediment control permit to bifurcate the project so as to allow for a certificate of occupancy for the other portions of the project separate from the Dining Hall.
Commissioner Rieger seconded the motion, and it was passed unanimously.
VI. GENERAL COMMISSION BUSINESS
Commissioner Rieger made a motion to amend the Agenda to allow the Community Farms representative to briefly describe their proposal.
Commissioner Morrison seconded the motion, and it was passed unanimously.
The Community Farm of Simsbury Operation Director, legally named Farmington Valley, Inc., explained they are looking for a determination for whether they can irrigate from the Farmington River to their fields on Wolcott Street. She explained they currently use well water to irrigate several acres of fields and have Farmington River Watershed Association approval to take 50,000 gallons of water from the river, which amount they would not need daily. She continued they seek approval for a 9 HP 12-gallon diesel pump put down near the river to draft water out of the river to a 3-inch flat hose laid on top of an existing access road running from the river to the fields and to smaller irrigation tubing; it would be temporarily put in place in the spring and removed in the fall and reused; and a catch basin would be used to assure no spillage.
Commissioner Rieger believed the Watershed Association did not have jurisdiction to permit a diversion under State law. Mr. Glidden noted he advised them to track their usage and that if they are below the 50,000 gallon threshold for a State permit, they do not need DEEP approval. Commissioner Rieger indicated the sum of all grandfathered diversions exceed the flow of all State watercourses, and diversions are a concern at a time when rivers are low. Chairperson Winters added that the time when irrigation is needed most is during droughts and asked if there was a drought, would they cut back on irrigation. The Director responded they still have access to well water and did not believe they would come close to removing the 50,000 gallons of water and will track the amount of water they take. Mr. Glidden clarified the question is if there was a drought, do they have access to another water source and implement a drought plan with very sparing water removal from the river; the Director confirmed they would. Chairperson Winters asked who the data regarding their water usage would be submitted to; the Director indicated it would be to whoever would like to review it; Mr. Glidden indicated Staff would like it. Commissioner Morrison asked how they would track water usage; the Director responded it would be based on the number of hours the pump runs as determined by the farmer using an hourly log book. Commissioner Haldeman asked about the time period involved; Commissioner Rieger noted the Commission’s permits are for 5 years, but Mr. Glidden indicated they are looking for an exemption and through opinion of counsel were advised to come to the Commission for a determination and not return again to the Commission.
Commissioner Rieger asked where this falls in regulations; Mr. Glidden responded it is an accessory use to the agriculture use, which cannot be done in wetlands, provided the Commission determines it is not a regulated activity. Commissioner Cunningham noted it is also a diversion and is not a use of right; Mr. Glidden noted the issue of a secondary water source; Commissioner Cunningham read language from Section 4.1.a., but the Commissioners did not find this issue addressed in that language. Mr. Glidden indicated he would request a written opinion from the Town Attorney regarding taking this path, and talk to DEEP. Commissioner Rieger asked where regulation language addressed removing water from a watercourse; Mr. Glidden noted a conservative position would be it is a regulated activity and needs an application. Other large grandfathered diversion permits were discussed, e.g. Culbro; Chairperson Winters asked how the State suggests handling this request. Commissioner Cunningham read the two regulatory provisions indicate this activity would not be exempted in the wetlands and is a regulated activity. The Commissioners agreed they also need advice from DEEP regarding what is material in this case, and in the event of future diversion requests. Co mmissioner Cunningham suggested a Public Hearing may be required. Mr. Glidden strongly advised not moving in that direction yet, as there is currently no application. The Director asked about other farm diversion permits and whether this farm is also grandfathered; the Commissioners discussed whether there is a record at DEEP. Commissioner Rieger indicated that State law is clear that a diversion permit does not create any right enforceable by the person withdrawing the water. Chairperson Winters indicated further research by the Commission is needed.
1. Workshop: Onion Mountain Forestry Management Plan
Chairperson Winters invited comments from members of the public present.
Helen Petersen referred to written comments she provided the Commission today. She recalled that at the last Open Space Committee there was a plan for an RFP for a Town Open Space Master Plan and another for Town Parks and Rec Holdings. She encouraged the good idea of developing two Master Plans and was opposed to combining them. She noted a lot of good information from knowledgeable citizens has been received, and Dr. Fazon at the forum also provided good information, and she recommended reading “Natures Temples” and “The Hidden Life of Trees” to help the Commission understand stewardship issues in order to set goals. She believed the Master Plans could pull together that information as well as additional needed information. Chairperson Winters thanked Ms. Petersen for organizing the forum and noted about 80 people attended.
Another member of the public noted Dr. Fazon rode through the Town and was very complimentary of the streetscape and look of the Town.
A member of the public understood the 4 parcels for which forestry management plans have been done were all intended to be open space. He noted a difference between owning a productive forest property, e.g. Tullmeadow woodlands, and an open space property intended for wildlife and walking through a natural area. He believed that the trend to assist nature by clearing to rejuvenate an area creates spaces that are not good for wildlife present nor pleasant to walk through. He gave the example of Tullmeadow’s woodlot, which has a forest management plan and compared to Onion Mountain has a much larger cleared area that looks like a bomb was dropped. He believed that is not nature and not a pleasant place to walk; there is forest for production and forest for wildlife and aesthetics. Chairperson Winters noted there are State forests in Town being managed for timber and the Town should consider that in deciding the best use of Town forests. He believed Town residents’ goal is to preserve open space, not to have timber production. He discussed the term “young forests” and its similarity to forest management plans to clear areas for younger trees to come in, noting some sponsors were hunting groups, which requires determining where hunting is permitted.
Ms. Petersen specifically indicated they know a lot but have not identified collective or individual or forest parcel uniqueness. Also she learned importantly when a forest is identified, understood, and labeled as young/early successional, mature, or old growth, that nature fixes the forest and the Town should only fix what is needed. She learned from Dr. Fazon that information about forests was about 40 years old, but in 2014 natural scientists gathered new, corrected information moving forward positively; one part of that information is that New England is densely populated with air quality not great and development continues with forest substantially declining. She added it is important that Simsbury is half way to old growth forests which clean the air about 50-60% better than young/early successional forests.
Another member of the public provided the Commission with a comment letter contained in the meeting packet.
Chairperson Winters discussed forest health and the benefit of older trees providing shelter for younger trees; although in traditional forest management plans larger trees were removed to release younger trees. It is now believed young trees are better left under older trees providing nutrients to the younger trees through the soil fungi and when the older trees die back the younger trees will be released; the connections beneath the soil are critical for forest health and the forest should be looked at as an organism, rather than as individual trees. Chairperson Winters noted it is called the “wood-wide web” and this is an interesting time to look at forest management with more training needed. She noted Parks and Rec has open space oversight and perhaps it should be separated out; she asked about the immediate need to consider these forest management plans. Mr. Glidden noted concern at Ethel Walker regarding discovery of the Southern Pine Beetle in Stratton Brook Forest two years ago; the only other plan for consideration for the next couple of years was Onion Mountain. He also noted concern for Belden Forest with a light cut planned; Chairperson Winters did not see the need for that.
Commissioner Rieger commented the Onion Mountain plan provides for selective treatment and discusses site characteristics, flora, and fauna; it is intended to enhance habitat and balance recreation with no clear cutting. Chairperson Winters indicated that if one thing is changed, it changes another. Commissioner Rieger indicated they want to leave snags and woody debris on the forest floor, and leave small strategic canopy openings similar to a tree falling; the need for a plan depends on the objective. He noted a characteristic of old growth forests is fewer stems, which nature normally sorts out and a forester could help with that; another old growth characteristic is an uneven age structure, which cannot be achieved soon unless openings are created in the canopy providing the opportunity for next generation trees beside older trees. He indicated while the reasoning may be wrong, it is not to create income for the Town by harvesting forests, but rather to improve the forest as judged by forestry practices, and the issue before the Commission is whether those forestry practices are correct. Chairperson Winters recalled that Dr. Fazon indicated that it is not needed and can happen naturally and she noted Onion Mountain’s great diversity of age stands; the issue is how much time/effort does the Town put in to help nature along.
Commissioner Haldeman commented a decision is required regarding the goals and the tactics to achieve those goals. Commissioner Rieger noted the proposed plan specifies goals for Onion Mountain and the Commission could decide a new set of goals is needed. Chairperson Winters noted a need to consider whether the Commission looks at individual pieces or at the whole Town and adjacent pieces, e.g. Simsbury Land Trust, and in what timeframe. Mr. Glidden indicated it may currently be in limbo unless funds have been budgeted for the Master Plan; he planned to provide the Commissioners copies of 3 other existing Master Plans for review. Commissioner Rieger commented the Commission has no purview over what the State does with its land, or the Land Trust, or McCleans. Mr. Glidden indicated a forest harvest is currently ongoing off of Laurel Lane. Chairperson Winters commented on the need to educate residents about forest management goals and why.
A public member commented he did not see much harvestable timber at Onion Mountain, and was concerned that the logging road which is now only a trail could incur more damage bringing heavy equipment in than would occur interior to the property. Commissioner Haldeman added that for old growth forests letting nature take its course could be a goal. An audience members commented that the impression open space will be a park also requires educating residents about open space. Chairperson Winters commented that in 1830 Connecticut was only 20% forested and it is only in about the last half century that the forests have developed and now the need to determine what to do and why. Commissioner Haldeman added the issue is how to get the needed information and correct background information to determine goals and tactics. Chairperson Winters commented forest management is not really an issue for Parks and Rec with training needed for Town Staff to understand the importance of what we have.
The Commissioners agreed to review the 3 plans to be provided by Mr. Glidden and to continue this workshop at the next meeting. Commissioner Haldeman would like to define a range of goals/tactics to consider. Chairperson Winters indicated there is a need to fund managing invasive species and educate residents regarding species spreading from their yards into wild areas. A member of the public noted Dr. Fazon talked about whether to do nothing about the invasives, do light control of invasives, or completely remove them; and it seemed to be better to do nothing. Chairperson reiterated on the need to educate the public about what to plant in yards.
A member of the public commented that at Massaco, DEEP will work this summer on about 80 of the 100 acres harvesting about $20K of 5-6 inch size young trees with the goal of improving the forest - they are not clear cutting; and this work can be observed across the road from Onion Mountain Park. He added some restrictions are needed for old growth forests to develop in Town. Commissioner Rieger commented the only legal way to do that would be to give an easement to a 3rd party, but he has never seen it done as governments like to keep their options open. Commissioner Morrison commented the understanding of best management practices could change in the future. Chairperson Winters commented a situation could occur like the 1938 hurricane that wiped out a third of Massachusetts forests or an invasive pest move beyond control. A public member commented while there are some large harvestable pines at Onion Mountain, they are also a nesting place for owls; there are also a lot of pileateds - Chairperson Winters commented that population has increased due to old dying trees. A public member commented that Dr. Fazon indicated the Town has to decide where to cut the forest off – have it old growth or have it as habitat for hunters; a lot of land conserved has young forest.
The Commissioners agreed to continue workshop discussion of Onion Mountain at the next meeting, Mr. Glidden was not currently aware of a BOS time table; Commissioner Rieger noted they are looking for a decision from this Commission.
A member of the public indicated the Agenda did not make it clear that the public could participate in the workshop and the Commission agreed that the next Agenda will be annotated to show the public can speak. Chairman Winters suggested having a period at meetings where the public can speak with a set time limit, although that cannot relate to items pending before the Commission.
Mr. Glidden announced the Planning Commission will hold the first Public Hearing informational meeting for the POCD on 06/13/2017 at the Library Programming Room; the first draft and meeting notice is on the Planning web page; a redline version is planned soon. He said some material from the previous plan has been incorporated in the revised POCD.
Mr. Glidden also noted last week there was a public information meeting for a Deepwater 20 megawatt solar farm on about 179 acres of farm fields off of Hoskins/County/Hopmeadow; it is exempt from local jurisdiction and goes entirely to the Siting Council; there will be a few more public meetings with Deepwater and potentially a public hearing with the Siting Council; when the application is filed Mr. Glidden will share it with this Commission and will provide the Commission with their website address; the Town may become a party if a petition is filed with potential review by this Commission.
2. Approval of the Minutes of the April 18, 2017 Regular Meeting
Chairperson Winters accepted for the record the April 18, 2017 Regular Meeting Minutes, as written.
VII. ADJOURNMENT
Commissioner Cunningham made a motion to adjourn the meeting at 9:05 p.m.
Commissioner Morrison seconded the motion, and it was passed unanimously.