Conservation Commission / IWWA Minutes 06/16/2015
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
JUNE 16, 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, Andrew O'Connor, Darren Cunningham, Jim Morrison, Donna Beinstein, Donald Rieger, and Margaret Sexton. 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 Phil Purciello.
III. ADMINISTRATIVE APPROVALS
1. Application #15-12 of Steve Moretta, Owner, for the addition of a wooden deck within the Upland Review Area to a wetland on the property located at 19 Orchard Lane (Assessor's Map D16, Block 419, Lot 036). Zone R-40.
Application #15-12 was read into the record; Town Staff explained it was a replacement connected to the house with slight deck expansion at 10x28 feet with 5 posts 30 feet from the wetlands, which is approximately the same as existing.
IV. DISCUSSION AND POSSIBLE ACTION
1. Application #15-13 of Alford Associates, Inc., Applicant; Leo G. and Maureen A. Herbette, Owners; for construction of a 1900 +/- sq. ft. building with associated improvements and grading within the Upland Review Area to a wetland on the property located at 42 Joshua Drive (Assessor's Map C07, Block 212, Lot 012). Zone R-80. (received 06/02/2015; decision must be rendered by 08/06/2015)
Application #15-13 was read into the record.
The Applicant's engineer provided the Commissioners with revised plans for constructing a 50x48-foot building on the 4-acre lot and described the property location noting wetlands, pine forested areas, and stream areas. The engineer indicated the septic system currently has 4 stone trenches and in order to construct the building, 2 trenches would be removed; FVHD has recommended leaving the area alone and the engineer noted an area where the galleries could be constructed. The engineer noted the new building would be constructed behind the existing building; an area with 10 very large pine trees and about 100 1-inch pine trees about 15-feet behind the building would be cleared; the closest clearing to the wetlands would be about 50 feet and the building about 65 feet from the wetlands; the area is not steep and a filter fabric fence would ring the perimeter during construction; soils are very sandy with most rain infiltrating into the ground; and roof drains would be connected to small dry wells percolating into the ground.
Regarding changes to the septic system, the engineer noted the 100-foot URA line and re-location of a concrete gallery about 75 feet from the wetlands; the setup would provide for effluent going to the first row until it fills up, then to the 2nd row, and then instead of to the existing 3rd row, it would be piped to the new location distribution box about 75 feet from the wetlands via a downward slope. The engineer indicated the building would be on a slab with smaller drilling equipment used for a geothermal closed system with 3-4 smaller pipes. The engineer believed the dry wells would be adequate percolating at about 1-minute/inch, but would overflow in a larger storm. Regarding managing drill cuttings for the well, the engineer noted the plan to place them in a tank which would be taken offsite. The Commissioners indicated mud rotary drilling circulates cuttings back resulting in a significant volume of mud, which needs to be disposed of.
The Commissioners clarified the Applicant's request is for approval to construct a new building with associated improvements, including: drilling a well, a new leach field, and a concrete paver path to the building. The engineer noted the plan to manage the temporary stockpile spreading stripped topsoil around; the filter fabric would encircle the stockpile. The owner indicated they would like to begin the project in August with completion by October; Town Staff's comments incorporated include contacting the Building Department prior to cutting and protecting the area coming around the backside of the house. Regarding where the electric line crosses the septic line, the engineer noted a plan to uncover it digging by hand to make sure not to hit it and go underneath about 2-feet deep; the owner added it is a straight line from the house to the generator.
Town Staff's third recommendation for a dewatering contingency plan, if soil needed to be dewatered, was believed by the Commissioners to not apply in this case; and the Applicant agreed to submit whatever is required for the pit moving sediment/cuttings through the hole into a box reservoir where cuttings drop out and are transported offsite. Regarding the dry wells, the engineer believed multiple wells at slight angles would be used tied together from the same surface location; the Commissioners noted alternate locations about 20-feet apart behind the addition could be planned at a potentially lower cost as part of improvements. The engineer confirmed that the new leaching gallery replaces the existing galleries being removed; the owner indicated there would be no added plumbing in the new addition, which is a hunting trophy room/entertainment place.
Commissioner Sexton made a motion that this is a regulated activity because there will be some construction within the Upland Review Area.
Commissioner Rieger seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion the Commission finds that this is not a significant activity since there will be no direct effect on the wetlands and mitigating practices will be taken to prevent any impact directly on the wetlands.
Commissioner Rieger seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion to approve the Application based on oversight by Town Staff, particularly regarding installation of the geothermal well, since it is not fully planned out at this point, to make sure it doesn't require a revisit if it is significant to the current Application as it stands; installation in July/August sounds like a good time; and to follow Staff's recommendation that any stockpiled material be taken offsite.
Commissioner Rieger seconded the motion, and it was passed unanimously.
2. Request for determination of exempt status - fire pond on property located at 2 Stonepost Road (Assessor's Map H15, Block 109, Lot 026)
The request for determination of exempt status was read into the record. Town Staff indicated pipe repair is proposed because water is not flowing; the fire pond was originally installed with the subdivision. The Commissioners discussed Section 4.2c language and whether it allows maintenance/repair of a previously approved installation with exempt use attaching statutory conditions. Town Staff added timing for the repair is immediate; the Commissioners requested Town Staff oversight.
Commissioner Rieger made a motion the Commission finds that the proposed activity should be exempt under Section 4.2c, but points out that any activity under that section is constrained by the need to avoid harm to wetlands and water courses; and in furtherance of that purpose, the Commission wishes Town Staff to be present for this work.
Commissioner Spaulding seconded the motion, and it was passed unanimously.
3. TABLED: Application #15-11 of Daniel and Rebecca Moran, Owners, for the clearing, grading, and installation of a lawn irrigation system in the Upland Review Area to a wetland on the property located at 19 Talcott Mountain Road (Assessor's Map I12, Block 109, Lot 011). Zone R-80. (received 05/19/2015; decision must be rendered by 07/23/2015) (continued from 06/02/2015)
Application #15-11 was read into the record and Town Staff recommended tabling it to the next meeting. There is also potential for a special meeting following a site visit scheduled for 08/04/2015 at 6 p.m.
V. RECEIPT OF NEW APPLICATIONS
1. Application #15-14 of Robert Koff, Owner, for the work associated with the demolition of an existing garage and construction of a new garage with second floor addition in the Upland Review Area to a wetland on the property located at 29 Westledge Road (Assessor's Map B10, Block 419, Lot 005). Zone R-40. (received 06/16/2015; decision must be rendered by 08/20/2015)
Town Staff indicated Application #15-14 proposes replacing current garage footings with more supportive footings allowing for a 2nd story and involving about 20-feet of wetlands.
2. Application #15-15 of Michael J. Richard, Applicant; Town of Simsbury, Owner; for a wetlands crossing and associated work with the construction of a nature trail on the property adjacent to Tootin Hills School, including the parcels known as: West Mountain Road (Assessor's Map B13, Block 406, Lot 010); West Mountain Road (Assessor's Map B13, Block 406,Lot 009); and what is shown as Parcel B THE TOWN OF SIMSBURY off of Nimrod Road on Assessor's Map B13. Zone R-40. (received 06/16/2015; decision must be rendered by 08/20/2015)
Town Staff noted Application #15-15 was an Eagle Scout project proposing construction of a trail with wetlands crossing between Town Forest Road and Tootin Hills School.
Town Staff indicated a 3rd Application was received for 2 Horse Shoe Circle for recently removed trees and recently completed landscaping within the URA.
VI. CORRESPONDENCE/ANNOUNCEMENTS
Town Staff provided the Commissioners with a history of approvals for Iron Horse Boulevard, which will also be transmitted in color by email; the previous URA was 75 feet. A town person witnessed deposition of material in the URA; Town Staff clarified it was a yearly maintenance procedure for the approved gravel area near the dog park and it was not clear whether gravel maintenance needed to return to the Commission. It was indicated the gravel was located within 4 feet of the wetlands line and permits are good for 5 years and a 2003 permit is beyond that; the Commissioners were shown the location on a map and Town Staff noted more difficulty in installing gravel could potentially result in pavement being installed; the Commissioners expressed concern about gravel eroding into the wetlands. The Commissioners noted the 2005 permit for the accessory buildings allowed foundations within 80 feet of the wetlands, but one building is within 4 feet of the wetlands.
Town Staff noted a survey of the area is being performed and a request for a wetlands map amendment is expected; the current map yellow line indicated wetlands with no structure to hold the gravel in. The Commissioners noted impervious surface next to a wetland might beneficially reduce runoff, rather than runoff from the gravel surface filling in the wetlands; Town Staff confirmed the area appears fluid. The Commissioners noted approval in 2003 for grading of 2 meadow areas, including overflow back parking with the area now exceeding what was contemplated due to annual addition of gravel at the wetland edge. A trail from the field’s playground to existing Farm Road for use by pedestrians and emergency vehicles, shown by aerial photos from 2003, has also grown larger than contemplated by the Commission.
The Commissioners discussed the need for scheduling a site visit in order to consider potential solutions. Town Staff indicated the site visit would be a special meeting requiring 24-hour notice. The Commissioners agreed to conduct a site visit on Tuesday, 8/4/2015 at 6 p.m. and noted immediate action would not be required for a map amendment request.
VII. APPROVAL OF MINUTES of June 2, 2015 Regular Meeting
On Line 18, the name "Commissioner Rieger" is corrected to "Commissioner Beinstein".
Commissioner Cunningham made a motion to approve the June 2, 2015 Regular Meeting Minutes, as amended.
Commissioner Spaulding seconded the motion, and it was passed unanimously.
VIII. ADJOURNMENT
Commissioner Cunningham made a motion to adjourn the meeting at 8:30 p.m.
Commissioner Spaulding seconded the motion, and it was passed unanimously.