Conservation Commission / IWWA Minutes 06/04/2013 ADOPTED

CONSERVATION COMMISSION/INLAND WETLANDS
JUNE 4, 2013
MINUTES FROM REGULAR MEETING

I. CALL TO ORDER

Rich Miller, Chairman, called the Regular Meeting of the Conservation Commission to order at 7:32 p.m. in the Main Meeting Room at the Town Offices.  Other members and alternates in attendance were:  Alan Needham, Patrick Kottas, Margery Winters, 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 Darren Cunningham and Commissioner Kottas to serve as an alternate for Nick Zackeo.

III. PUBLIC HEARING(s)

a. Application #13-15 of Ensign Bickford Realty, Owner, for a Map Amendment to reflect more accurate mapping of the property located at 437 Hopmeadow Street (Map F13, Block 103, Lot 005-3).

The Applicant presented a site map showing Powder Forest Drive and Rte. 10 with primary wetlands to the north; on the Public Hearing piece they re-mapped from the high side down to the wetlands following the wetland contours.  Every little piece was not mapped because they were not all accessible or developable. 

The green line on the map shows the old Town map line; the revised sealed map delineates using the wetland boundary; there are some upland areas and a ditch bringing water from the brook was utilized when there was a farm onsite.  The sand on site is finer in some areas and Hinckley in others; the larger corridor associated with Second Brook does not have a very large watershed which is not required because of the large amount of sand feeding it throughout the year and there is a perennial stream.  Regarding construction sedimentation and siltation in the water, the DEEP provided feedback to the Applicant that there is nothing on their site, but where the Farmington River and Second Brook meet there are 2 endangered species of concern.  The soil scientist indicated the swale would take overflow, and while unlikely, silt might be an issue during construction although there will be judicious monitoring and the ditch could also be used.  It is important that water continue infiltrating into the ground along the wetland fringe.  Also, the minerals in the water depend on how far the water percolates into the ground and hits ground water; if you are removing 10-12 feet the mineralogy might change, but that is not the situation here.   Half the shrubs were moved to a location with more sun and should create a long-term buffer.  The wetlands are seasonally saturated and have few invasives.  Regarding augured sample holes, the soil scientist dug as many as were needed to characterize the slope, probably 75. 

A member of the public asked to look at the map. 

Commissioner Winters made a motion to close the Public Hearing.  Commissioner Rieger seconded the motion, and it was approved unanimously.

Commissioner Winters made a motion to approve the Map Amendment.  Commissioner Rieger seconded the motion, and it was approved unanimously.

IV. DISCUSSION AND POSSIBLE ACTION

a. Application #13-16 of Ensign Bickford Realty, Owner, for the excavation and removal of materials in preparation for development on the property located at 437 Hopmeadow Street (Map F13, Block 103, Lot 005-3).

The Applicant is preparing to develop the site and create a level platform at 2% grade that includes clearing the site and removing 94,000 yards of material which will probably take 2 years to do.  Water will run in the direction of the swale onsite with silt fence along the downslope on both sides, as well as check dams with stone to slow the water; there is a sedimentation basin 6-7 feet deep and a level spreader if water builds up in a heavy rain to Second Brook which runs under Rte. 10.  Another piece utilizes piping for runoff that ends up in the Farmington River.  Rich Sawitzke is satisfied with their drainage calculations and that erosion will not occur.  They will not be driving through residential neighborhoods and plan to prepare the 7-acre site in 2 phases; the 1st phase excavation will be in the front of the site followed by the 2nd phase in the back of the site.  The entrance to Powder Forest will remain with some trees removed and a wildflower meadow going in until the development project is underway.  Suggested plants have been incorporated and relocated as suggested. 

Regarding the Applicant's familiarity with the Town's LID document that went into effect in 2012, the Applicant will assure its review, particularly regarding the detention basin which will be in place during construction and then removed. 

Plantings include grasses or wild flowers as the Town has very few of those habitats.  Following soil removal, it will be bladed off to the side and stored onsite; when the phase is finished some soil will be brought back with specific seedlings and warm season grasses, e.g. greater blue stem and others that like drought conditions, black-eyed susan, etc.  Seed mix will be put down and mowing rotated - one year the east and the next year the west - bird habitats are established in April with one mowing done by April 15th.  Gray dogwood was suggested for sandy areas as an alternative to arrow wood which is having problems.  Each truck will haul 17 yards and exit at the entrance with a rock entry way to remove the sand on trucks and the road swept if needed.   Phase I will take a little less than a year with the site stabilized before the winter possibly using hay or hydro-mulch with tackifier until the spring.  The detention basin sides would at least be seeded using a moist detention mix.  If the weather cooperates, they will continue working on an acre at a time. 

The Applicant will return to the Commission with specific plans.

The silt fence will remain on the low sides until the site is stabilized although it could become a source of erosion and mulch was suggested for a longer period of time incorporating stump ground material as a barrier. 

Commissioner Rieger made a motion the Commission find that this is a regulated activity as it involves land clearing and removal of material within the upland review area.  Commissioner Winters seconded the motion, and it was approved unanimously.

Commissioner Rieger made a motion that it is not a significant activity in that it involves no direct impact on the wetland and incorporates appropriate silt fences and other protections.  Commissioner Kottas seconded the motion, and it was approved unanimously.

Commissioner Rieger made a motion to grant the requested permit conditioned upon Town Staff being satisfied with a plan for inspection related to any storm event impacts that might compromise the plan for protecting the wetlands, and as well with any needed remediation that might result from such impacts; and provided further, that Staff discretion based on Commission input be satisfied throughout with the continuing planned activity for ground cover for stabilization of the site through the process, including satisfactual selection of plant materials and the like.

Commissioner Winters seconded the motion, and it was approved unanimously.

V. RECEIPT OF NEW APPLICATIONS

1 Willard Street on the north end of Town will present an Application at the next meeting to put in a carport and deck and a retaining wall requiring excavation about 6 feet from the wetlands.

VI. CORRESPONDENCE/ANNOUNCEMENTS

Regarding 4 Apple Lane:

The permit approvals were reviewed:  the 1st permit allowed the dock to remain in place; and the 2nd permit for retroactive clearing was conditioned that by June a complete plantings plan to re-vegetate the area would be supplied, including a plan for maintaining invasives.  The Applicant's attorney was notified by the Town and subsequently notified his client, but there is no response to date.  A letter will be sent tomorrow from the Town to the Applicant indicating the clearing permit is revoked and they are back in violation and returned to enforcement mode.  The soil scientist indicated a planting plan could be completed by June to assure timely planting but has not heard from the client.  From the Zoning perspective, the dock is still in enforcement mode because last month's meeting attendance at the Zoning Board of Appeals was postponed.  If the Applicant fails to receive the Zoning variance, the dock would have to be removed and a wetlands permit obtained in order to remove the 85-foot dock; the Applicant's attorney has been reminded of that fact.  A smaller dock could be explored by the Applicant as they have a riparian right to access the water.  Under the law no commission can make a decision that forces another commission to make a similar decision.  The previous fine of $85,000 was reduced by the Hearing Officer to a 1-day $1,000 fine which the Applicant paid.  Wetlands can change its decision and allow the dock to be removed with the poles cut off 6 inches down because it would not cause too much damage.  The new fine applies from the 1st day of the violation due and payable June 30th; the Applicant can again go before the Hearing Officer to appeal the fine.  Previous notifications to the Applicant were discussed by the Commissioners.  Re-application will be under the new regulations and new application form which specifies the Applicant must state whether there are conservation or preservation restrictions involved for the property, and a new fee structure for retroactive permits of 3 times the fee is in effect.

Commissioner Rieger moved that the Commission take note of the fact that the permit granted for 4 Apple Lane relating to the plantings has by its terms expired by failure of the condition expressed in the permit to be satisfied and asks Staff to notify the former permit holder that this has occurred and the previous existing violation is once again active and the Commission is of the view that a new permit should be sought.  Meanwhile during pendency of the violation, the Commission assesses a fine of $1,000.00 a day, with the date of mailing the start date. 

Commissioner Winters seconded the motion, and it was approved unanimously.

The date of mailing will be the start date and a copy will be sent to the Applicant's attorney also. 

Regarding the Ritson property, the planting plan was approved last night by Zoning and the Applicant will move forward.

Regarding the Hartford property, there has been one meeting of the Land Use Committee; 8 RFQ responses for the Master Plan Charrette were received and the Committee has recommended 3 consultants to the Hartford, and if they agree, the 3 consultants will be interviewed by the Committee with one consultant selected to prepare a proposal.  The 172-acre site includes a 40 acre parcel on the north that has never been developed; one group owns the property, another the physical property around the building, and another owns the 700,000 sq. ft. building.  The Hartford is contributing $175,000 toward the cost of the Charrette and the Town  is contributing $30,000; the Hartford wants the Town to take a lead role in managing the process.  Code Studio from Austin, Texas, who performed the Town Center Charrette is a candidate, as is Gateway Consultants also from Texas.  Commissioners Needham and Rieger offered to be alternates for the Commission Chairman in attending future Land Use Committee meetings, if needed.

VII. APPROVAL OF MINUTES of May 21, 2013

Commissioner Winters made a motion to accept the minutes as presented.  Commissioner Kottas seconded the motion, and it was approved unanimously.

VIII. ADJOURNMENT

Commissioner Winters 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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