Conservation Commission / IWWA Minutes 05/19/2015
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
MAY 19, 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, and Darren Cunningham. Also present were Rachel Blatt, Assistant Town Planner; Janis Prifti, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairperson Winters seated Commissioner Morrison to serve for Andrew O'Connor.
III. ADMINISTRATIVE APPROVALS
None.
IV. DISCUSSION AND POSSIBLE ACTION
1. Application #15-09 of Anita Mielert, Applicant/Owner; for construction of a driveway with a culvert, utilities, and wetland mitigation on the property located at 57 East Weatogue Street - Lot 10A (Assessor's Map H13, Block 108, Lot 010A). Zone R-40. (received 05/05/2015; decision must be rendered by 07/09/2015)
Application #15-09 was read into the record.
The Applicant's engineer clarified the Application is for a permit for a driveway crossing in a wetland due to an agreement with a prospective buyer for the rear lot; when the purchaser decides what they will build, and if it is within a regulated area, they would return to the Commission at that time. The engineer described the layout of the property with an existing house, barn and driveway on the front parcel, and a rear parcel of about 2.7 acres with an existing building lot. The engineer indicated the proposed access to the rear parcel would be along the southerly property line of the front parcel; wetlands run along the division line between the two parcels; a 100-year flood hazard zone was outlined in blue; the remainder of the open property is dry with sandy soil with some perimeter trees. The engineer noted the existing building lot was soil tested and approved by FVHD. The engineer proposed a gravel drive crossing at a relatively narrow wetland location with a culvert underneath for water to pass through; storm water runoff was only about 1 cu. ft./sec. and water coming through the culvert was the result of the groundwater table; a utility and water service connection would be through the driveway area. The engineer clarified that of the 14,700 sq. ft. on the existing lot, about 1400 sq. ft. would affect the wetland, and they would use about 75 cu. yds. of fill. The engineer proposed a wetland mitigation area because they are disturbing a small amount of wetland; Town Engineering requested a wider shoulder, so they added 2 feet at each culvert end with the fill remaining the same. Town Staff requests included: 1) addition of a construction entrance, which was shown at East Weatogue Street; 2) locating a silt fence around the top soil area; 3) while Town Staff requested hay bales at the downstream end of the culvert, the Applicant preferred sediment logs allowing water to pass through quickly while trapping sediment, but they would comply with hay bales if required; 4) three additional notes were added to the plan - to notify the Code Enforcement Officer before construction begins, after the clearing limits are marked out, and after sedimentation and erosion controls are installed; and 5) they did not believe de-watering necessary for the culvert installation, which would be almost at the existing grade and the work would be performed during dry time.
The Applicant's soil scientist delineated the wetlands on 4/21/2015 and prepared a report describing wetland functions/values, assessing the impact of the driveway crossing, and developed a mitigation plan dated 5/5/2015 to compensate. The soil scientist consulted the Connecticut DEEP listed species database for the Connecticut River corridor but the habitats on this property consisted of mowed lawn/field, a dense shrub thicket dominated by Multiflora Rose, and a narrow scrub shrub wetland with common species and made the determination the area was unlikely to contain any listed species. The soil scientist flagged the narrow wetland corridor spanning the property width, which contained Multiflora Rose; the wetland gently slopes to the south and the Commissioners were provided photos of scattered pockets of shallow spring inundation, but no continuous swale flow. Using the highway methodology, the soil scientist identified 3 principle functions of the wetland: groundwater recharge/discharge, pollutant removal, and flood flow alteration. The soil scientist confirmed that the only way to access the rear lot is by crossing the wetland; and they selected a narrow area of wetland near the 50-foot access way reducing the impact to the greatest practical extent. The soil scientist indicated the compensating mitigation wetland would be slightly larger than the disturbed area and located next to the existing wetland to tie into the existing wetland hydrology; excavation of the mitigation wetland would be slightly below the existing grade to assure hydrology; the mitigation wetland would be constructed in an existing mowed field to avoid disturbing the shrub upland area. The soil scientist's report contains the mitigation plan components, including: work needs to be supervised by a professional wetlands or soil scientist; specified soil to be removed/stockpiled and reused; recommendations of native planting materials and amounts, depending on availability; seed mix recommendations; and a monitoring plan for 3 seasons. The soil scientist was confident the wetland hydrology could be created within the mitigation wetland. Town Staff suggested removing the Willow tree, given the driveway crossing; however, the soil scientist indicated most of its root system would be unaffected and suggested leaving it in place until its survival comes into question.
Town Staff confirmed that the Applicant's map was the same as the Town map, which varies from DEEP's map. Regarding unlisted species on the property, the soil scientist noted there were common wetland plants and bird species associated with shrub thickets; no amphibians were observed in April and the offsite pond was dug out with steep sides and likely has bull frogs and green frogs and potentially some fin fish. The engineer indicated the plan is to get approval for the crossing with construction of the driveway not occurring until after closing; the driveway grade would be about 3 feet above the wetlands with water utilities going in underneath the culvert and power possibly over the top at the time of driveway construction. The Applicant indicated the property has always been farm land for hay and the potential effect of pesticides on the wetland and invertebrates/vertebrates was unknown by the engineer; the Commissioners noted the presence of invasive species and the lack of amphibians could be related to the use of pesticides, but the engineer felt it had more to do with the lack of water. Regarding the difficulty of establishing mitigation wetlands, the soil scientist indicated the challenge is getting the hydrology right and keeping invasives out while plants become established, and as long as seeding/planting is done at the right time of year, it should quickly control the mitigation wetland and invasives. The Commissioners noted that a perched culvert should be avoided and perhaps be a little below grade; the engineer indicated it would be within a couple of inches of grade. Town Staff clarified that if the house were constructed within a regulated area, the owners would have to return to the Commission; however, there is adequate room to build and avoid that impact. Regarding the alternate driveway routes on the map, the original layout was requested by Staff to show the driveway to the left or right to provide access to a different house location in determining whether a future application would be required, but the Applicant has agreed to provide access to the purchasers of the rear parcel.
Town Staff indicated the approval can provide for the Willow tree to be removed, should it be compromised, without the Applicant having to return to the Commission.
The engineer explained that sediment logs are filled with wood chips or mulch, laid on the ground and staked, and when work is complete they are slit open and left; and while they are more expensive, there is no restoration and no issue concerning seeds from hay bales.
Commissioner Rieger made a motion that this is a regulated activity in that it involves construction within a wetland.
Commissioners Cunningham seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that the Commission finds this is a significant activity because it involves filling of nearly 1500 feet of wetland; however, the record makes clear that there is not a reasonable and prudent alternative to this activity and notes that the impact is mitigated by the mitigation wetland basin that is created and would be monitored by the Commission.
Commissioner Spaulding seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion to grant the requested permit subject to all of the conditions cited regarding the monitoring of the development of the mitigation wetland, conditioned that the culvert not be a perched culvert, and noting that should it become necessary to remove the willow, this permit allows that removal as well.
Commissioner Purciello seconded the motion, and it was passed unanimously.
2. Review of proposed tree management in a Conservation Easement to the Town of Simsbury on the property located at 29 Spruce Lane (Assessor's Map E16, Block 120, Lot 005). Zone R-40.
The owner of 29 Spruce Lane consulted with an arborist for recommendations to clean up the property, including: 1) removing dead trees; 2) removing 5 to 6-foot tall dying arbor vitae and replacing them with six 4-foot tall deer-resistant Mountain Laurels; and 3) adding mulch to reduce weeds and invasive species. The arborist indicated the original diversity of plants/trees (Spruce, Hemlock, Black Cherry, Black Birch, and a variety of native trees in a thick forest canopy) would remain in the area with the six Mountain Laurel introduced between the dying arbor vitae and the wood chips created would be put around the new plantings as protection from invasives. The arborist noted Wild Rose invasives were present; weeds and tall grass are mowed two times year by the Town; also present were Virginia Creepers. Regarding the berm drying out, the arborist indicated the terrain was shaded with the berm at road level and plenty of soil moisture, but deer are an issue. The arborist noted Folio Disease leaf spotting has recently affected Mountain Laurel, but should be less of a factor with adequate sunlight.
Commissioner Cunningham made a motion for a positive referral for the Applicant's plan to the Planning Commission.
Commissioner Spaulding seconded the motion, and it was passed unanimously.
3. Referral of Zoning Commission Application #15-14, for Chapter 128 review of the Erosion & Sedimentation Control Plan for development of 80 Wolcott Road (Assessor's Map I02, Block 439, Lot 009). Zone I-1.
The Application was read into the record.
The Applicant reviewed they are requesting a referral for a zone change from I-1 to I-2, a site plan approval, and approval for a sign. The Applicant recalled that the Charrette considered residential development of the Applicant's current property on Iron Horse, and their search for a new location led them to purchase the 9.7-acre property at 80 Wolcott Road, allowing them to consolidate their shop and office operations in one location. The Applicant indicated the use of the new property about the same at 17,000 sq. ft. with an office building in front and an obscured commercial building in back; the Phonon side would be screened and the property layout was described as surrounded by a lot of green.
The Applicant's engineer explained the Zone change to I-2 is needed in order for the 9.79 property to have this business use. The engineer indicated .4 acres would be deeded to neighboring Phonon providing them with 30 much-needed additional parking spaces. The engineer noted the surrounding existing vegetation and berms on the site, paved areas, and gravel areas where construction-type equipment would be stored. The engineer clarified while they are well-outside wetlands, flood plain, and aquifer areas, they are before the Commission for approval of erosion controls. Phonon's well-drained site has 3 catch basins that go to an absorption system with no water ponding. The engineer described the site as very well drained and reviewed the absorption system design with 3 catch basins connected by a 24-inch perforated pipe providing underground storage allowing water to go into the stone for more underground storage all wrapped in filter fabric keeping fines out of the stone and allowing water into surrounding soil; conductivity is about 120-inches/minutes and they used 20-inches/minute so during a 50-year storm there would be about 14/100 of a foot of water which would drain in 30 minutes; the hoop houses were not part of their calculations; they adjusted the size of the pipe and stone in order to have no increase in runoff from paved areas and roof tops for 1-inch rainfall through a 50-year storm; the gravel area sheet flow directions indicated no flow increase; and during and after construction a swale leads to a large siltation basin with a storm water retention function and zero infiltration, similar in design to their smaller DEEP model on Iron Horse.
Following discussions with Town Staff, they added to the plans: 1) a detailed construction sequence; 2) dust control, vegetated waterway, and other issues were incorporated in the legend; 3) the 2 paved entrance aprons would remain as long as possible with the construction entrance pad located beyond them, and their own pavement preventing dirt tracking onto the road or Phonon's site; 4) their short and long-term maintenance for removal of debris and refreshing of construction entrance pads and one site entry with no tracking of dirt onto Phonon's site or the road. The engineer noted all catch basins would have silt sacks or filter fabric wrapped around inlets with the main idea to keep catch basin tops about 9-10 inches above the surrounding grade during rough grading, which would be 3-4 inches below the top of the road base preventing any water getting in. The engineer indicated temporary sediment traps have been sized to DEEP criteria and because the site has more than 5 acres of disturbance, they will apply to DEEP for a permit. The engineer added a silt trap was needed and has been structured to be 6 times larger than required by DEEP for retention capacity. The engineer indicated concepts developed in working with the Applicant at their current facility on Iron Horse have been incorporated into this design with the 3rd sheet submitted providing information on permanent and temporary construction pad maintenance, settling basin, and dust control.
The Applicant added the soil tested to 14-feet was sandy and well drained; the fence along the street will be pulled back 100 feet allowing trailers to easily enter; there is about 300 feet on their property leading to the erosion control pad; and the two gates in front pulled back allowing the back of the site to be secured with the front of the site for convenient parking. The engineer indicated there would be LED dark sky compliant, shielded lighting on short poles; also, there is post-construction maintenance for every component for Zoning approval, including: catch basins, pavement sweeping, outlets, and settling basin. The engineer indicated a storm water management plan is required for the State and they will be registering it. Regarding the erosion control plan, the engineer explained there is minimal top soil on the site which will be stockpiled, ringed with filter fabric, and seeded if not used within a certain time as the building is constructed. The engineer noted the top soil will be used for plantings near the road; a landscaping and planting plan discussed with Staff was revised to include 6 choices of larger trees, 3 choices for smaller trees, and 5 choices of bushes - the Commissioners suggested choosing something other than the Norway Spruce and they agreed to select something more native.
Town Staff indicated satisfaction with the proposal and that this is a referral to the Zoning Commission under Chapter 128; the Commissioners clarified their decision is whether the plan meets the requirements of the regulation in a satisfactory manner.
Commissioner Rieger made a motion that the Conservation Commission, which is the agency designated to approve such matters, finds that this plan is in conformance with the requirements of Chapter 128 and the Commission finds the plan satisfactory.
Commissioner Sexton seconded the motion, and it was passed unanimously.
4. Request for determination of exempt status - high tunnel installation at the Community Farm of Simsbury.
The certified organic vegetable farmer explained he is leasing land from the Community Farm and requested approval for a temporary high tunnel for seed propagation and to protect crops from disease and lengthen their life span. He explained the proposed high tunnel is built out of chain-link top rail with steel posts and arches every 4 feet for 100 feet with plastic on top; they are designed to be moved for propagation and leasing purposes. The Commissioners agreed the activity was integral to farming operations, and would be an as of right activity in a wetland area under 4.1a.
Commissioner Cunningham made a motion that it is an as of right use of the wetland because it is directly related to farming.
Commissioner Purciello seconded the motion, and it was passed unanimously.
V. RECEIPT OF NEW APPLICATIONS
Town Staff received applications for: 1) 19 Talcott Mountain Road, for tree clearing and drainage improvements in the URA; and 2) #21 Talcott Mountain Road, to install an underground propane tank.
VI. CORRESPONDENCE/ANNOUNCEMENTS
Town Staff noted: 1) 3 free upcoming DEEP wetland 1/2-day training opportunities which would be informative for new Commission members; 2) the Cumberland Farms project has begun and the Code Enforcement Officer was onsite today regarding gas tank installations, which will be overseen by Advanced Environmental Interface who will provide detailed interim reports, including for tertiary containment - Town Staff will check on whether the tanks will be triple walled; 3) Dunkin Donuts drainage will be brought into compliance with a new catch basin in the back of the parking lot where the grade is directed and a swale to capture and pull water back - Town Staff is confident this will correct the problem; and 4) a request for an aquatic pesticide permit was recently received.
Regarding Bushy Hill construction, Town Staff indicated they are using a berm in the back corner; however, there has been minimal rain.
Regarding the status of Simsbury Meadows and the chain of permits, Town Staff hopes to complete the research for the next meeting.
Regarding the Senior/Community Center, the Commission representative indicated they have 15 sets of qualifications with a goal of developing a short list and a meeting scheduled for 5/20/2015.
Town Staff indicated the joint commission meeting set for June will discuss primarily Ethel Walker Woods and also 1 Old Bridge.
VII. APPROVAL OF MINUTES of May 5, 2015 Regular Meeting
Lines 44-60 are deleted as they were part of previous minutes and do not belong in the May 5, 2015 minutes.
On Line 113, the spelling of "beavers" is corrected.
On Line 141, the name of "Commissioner Cunningham" is corrected to "Commissioner Purciello".
On Line 163, the acronym "SES" is corrected to "SCS".
Commissioner Purciello made a motion to approve the May 5, 2015 Regular Meeting Minutes, as amended.
Commissioner Sexton seconded the motion, and it was passed unanimously.
VIII. ADJOURNMENT
Commissioner Cunningham made a motion to adjourn the meeting at 9:00 p.m.
Commissioner Spaulding seconded the motion, and it was passed unanimously.