Conservation Commission / IWWA Minutes 06/20/2017

Meeting date: 
Tuesday, June 20, 2017

 

Subject to Approval

Town of Simsbury

Conservation Commission/Inland Wetlands & Watercourses Agency

REGULAR MEETING MINUTES

Tuesday, June 20, 2017 at 7:30PM

Simsbury Town Offices – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

 

PRESENT:   Craig MacCormac, James Morrison, Jason Levy, Donald Rieger, 

               Alternates Donna Beinstein and Charles Haldeman; Assistant Town Planner Michael Glidden.

 

ABSENT:    Margery Winters and Darren Cunningham.

 

I.  CALL TO ORDER:

The meeting commenced at 7:30PM.

 

Noting the absence of Chairman Margery Winters and Vice Chairman Darren Cunningham, an election of a chair for the purpose of running this meeting was noted as necessary. 

 

MOTION:  Mr. Morrison, Mr. MacCormac second, to modify the agenda for electing a chair for this meeting; unanimously approved. 

 

II.  ELECTION OF CHAIR FOR MEETING:

MOTION:  Mr. Levy, Mr. MacCormac second, to nominate Don Rieger as Chairman of this meeting; unanimously approved.

 

III.  ROLL CALL:

1.  Appointment of Alternates.

Ms. Beinstein and Mr. Haldeman were seated for Ms. Winters and Mr. Cunningham.   

 

IV.  PUBLIC HEARINGS:

1.  None.

 

V.  OLD BUSINESS:

1.  Applications.

a.  Application #17-12 of Gerald Toner, Parks & Recreation, Agent; Town of Simsbury, Owner; for the installation of a concrete slab under the pavilion at Curtiss Park in the upland review area to a wetland on the property located at 61 Tariffville Road (shown on the Assessor’s Map as Map J06, Block 102, Lot 002, a lot consisting of 48.4 acres spanning between Tariffville Road and Quarry Road). Zone R-40.

Simsbury Culture, Parks and Recreation Department Director Gerry Toner appeared before the Commission regarding this application accompanied by Simsbury Soccer Club President Tom Hayden.  Mr. Toner reminded the Commission that the Soccer Club constructed a pavilion at Curtiss Park about twelve years ago.  He explained that the pavilion allows people shelter during inclement weather, a reprieve from the hot sun, as well as a break for people during tournament play.  Mr. Toner noted that a Master Plan has been done for the facility and that the installation of a concrete slab under the pavilion at Curtiss Park is an enhancement to that area.

 

Mr. Hayden explained that the concrete slab would increase the lightening safety to the building, noting that the club has already installed lightning rods and had them grounded.  Mr. Hayden reported that besides the safety factor, a secondary reason the club is proposing the work is for usability.  He explained that the concrete would be much more functional than the gravel that is there now.  Mr. Glidden clarified that the work includes filling and grading in wetlands.  If the removal of spoils should be necessary, Mr. Morrison questioned whether it would be done in the same day.  Mr. Toner confirmed removal would be done the same day should it be necessary and that there would be no stockpiling.

 

MOTION:  Mr. Morrison, Ms. Beinstein second, that the Commission finds this to be a regulated activity as the proposed construction is within a wetland; unanimously approved.

 

MOTION:  Mr. Morrison, Ms. Beinstein second, that the Commission does not deem the work as a significant activity because the extent of the construction area is limited and won’t have any effect on the wetlands; unanimously approved. 

 

MOTION:  Mr. Morrison, Ms. Beinstein second, to approve Application #17-12 of Gerald Toner, Parks & Recreation, Agent; Town of Simsbury, Owner; for the installation of a concrete slab under the pavilion at Curtiss Park in the upland review area to a wetland on the property located at 61 Tariffville Road (shown on the Assessor’s Map as Map J06, Block 102, Lot 002, a lot consisting of 48.4 acres spanning between Tariffville Road and Quarry Road). Zone R-40 subject to the following standard and special conditions:

1.  The Conservation Commission’s agent shall be notified at least 48 hours prior to commencement of any construction activity.

2.  Final stabilization of disturbed soil areas shall be stabilized with the application of loam, seed, required plantings and appropriate erosion control measures.

3.  At all times during site work and until soil areas are stabilized, the applicant shall install and maintain erosion and sediment control measures such as fabric filter fence, staked hay bales or other measures deemed necessary by the Commission’s agent to prevent erosion and sedimentation impacts.

4.  Erosion control and soil stabilization measures shall comply with the approved

 Plans and the guidelines as established in Connecticut Guidelines for Soil Erosion and Sediment Control, 2002, CTDEP Bulletin 34.

5.  Upon direction of the Commission’s agent, erosion and sediment control measures shall be removed by the applicant following stabilization of the site.

6.  A pre-construction meeting onsite with the Commission’s agent is required before the commencement of site improvements.  Applicant shall provide 48-hour notice to the Commission’s agent for scheduling of meeting.

7.  Filling and grading associated with the concrete floor construction is limited to the gazebo footprint with some incidental grading around the perimeter of the gazebo.

8.  Any excess fill from excavation is to be removed from site.  No change in grade is permitted, with the exception to the immediate back filling of the new concrete floor.

 

All work and all regulated activities conducted pursuant to this authorization shall be consistent with the terms and conditions of this permit.   Any structures, excavation, deposition of fill, obstructions of flow, encroachments or other regulated activities not specifically identified and authorized herein shall constitute a violation of this permit and may result in permit modification, suspension or revocation.

 

In the event that any wetland or watercourse regulated activities are required as a result of other agency permitting to support the proposed activity, the Simsbury Conservation Commission reserves the right to reconsider the proposal activity and may require modification to minimize the impact to wetland resources.

 

In evaluating this application, the Commission has relied on information provided by the applicant.  If such information subsequently proves to be false, incomplete and/or inaccurate, this permit may be modified, suspended or revoked.  Motion unanimously approved.

b.  Application #17-13 of Lovely Development, Inc., Applicant; Brett A. and Stephanie S. Mortimer, Owners; for the construction of a single-family dwelling in the upland review area to a wetland on the property located at 16 Weatherly Road (Assessor’s Map F05, Block 301, Lot 045). Zone R-40.

Brian Denno of Denno Land Surveying appeared before the Commission regarding this application accompanied by Soil Scientist Michael Klein.   Mr. Denno referred to a survey of the site, explaining that the parcel was created in 2008 and noting that a conservation easement was created at the same time that protects 1.2 acres of the 2-acre site.  He noted the proposed location of the new home, pointing out that it has been pushed west.  Mr. Denno reported on the grading that will be required at the site, necessitating the walk-out basement.  He noted that the Farmington Valley Health District has approved the septic system and that the house will be served by public water.   Mr. Denno reported that Mr. Glidden had suggested demarcating the location of the conservation easement by installation of a fence along with more plantings thereby limiting migration into the easement and additional protection of the wetlands.

 

Mr. Klein provided details regarding the proposed plantings to be utilized in the demarcation.  He explained that the plantings will provide a visual and physical separation between the residential use and the wetlands.  Mr. Klein noted that these wetlands, in both directions, are surrounded by residential development, set back from the edge of the wetland, explaining that this is not a new encroachment, and the plan is adequate to prevent any significant impacts.

 

Mr. Glidden suggested that while a shopping list of species has been provided by Mr. Klein, a specific plan should be submitted prior to the issuance of a building permit.  He also questioned the height of the split-rail fence.  Mr. Denno noted that a typical split-rail fence is four (4’) feet high.  He noted that a detail could be provided but explained that what is proposed is masses, or clumping, of plants.  It was noted that the proposal for plantings for the buffer shall include two (2) canopy trees, three (3) understory trees, and sixty (60) shrubs.  Mr. Glidden also suggested that the limit of clearing ought to be marked in the field by a licensed land surveyor.

 

In response to a question regarding the duration of the construction process, Edward M. Ferrigno, explaining that he would be assisting the builder, estimated the work to take four months.

MOTION:  Mr. Morrison, Mr. MacCormac second, that the Commission finds this to be a regulated activity as the proposed construction (the clearing and grading) is within the upland review area; unanimously approved.

 

MOTION:  Mr. Morrison, Mr. Levy second, that the Commission does not deem the work to be a significant activity because the construction area is outside the wetland proper, that appropriate erosion and sedimentation control measures are in place, and in particular, the conservation plantings that will be done along the back fence line will serve to limit the impact to the wetlands; unanimously approved.

 

MOTION:  Mr. Morrison, Mr. Levy second, to approve Application #17-13 of Lovely Development, Inc., Applicant; Brett A. and Stephanie S. Mortimer, Owners; for the construction of a single-family dwelling in the upland review area to a wetland on the property located at 16 Weatherly Road (Assessor’s Map F05, Block 301, Lot 045). Zone R-40 subject to the following standard and special conditions:

1.  The Conservation Commission’s agent shall be notified at least 48 hours prior to commencement of any construction activity.

2.  Final stabilization of disturbed soil areas shall be stabilized with the application of loam, seed, required plantings and appropriate erosion control measures.

3.  At all times during site work and until soil areas are stabilized, the applicant shall install and maintain erosion and sediment control measures such as fabric filter fence, staked hay bales or other measures deemed necessary by the Commission’s agent to prevent erosion and sedimentation impacts.

4.  Erosion control and soil stabilization measures shall comply with the approved

 Plans and the guidelines as established in Connecticut Guidelines for Soil Erosion and Sediment Control, 2002, CTDEP Bulletin 34.

5.  Upon direction of the Commission’s agent, erosion and sediment control measures shall be removed by the applicant following stabilization of the site.

6.  Prior to issuance of building and zoning permits for home’s construction, applicant shall revise site plan to incorporate soil scientist recommendations.  Said revision is to specifically state which option will be implemented.

7.  A pre-construction meeting onsite with the commission’s agent is required before the commencement of site improvements.  Applicant shall provide 48-hour notice to Commission’s agent for scheduling of meeting.

8.  Areas of disturbance are to be marked in the field by a licensed land surveyor.  Said limits are to be reviewed and approved by the Commission’s agent prior to the clearing of the property.

9.  Specifics regarding the quantities, spacing, and location for the conservation plantings be provided to town staff and shall include two (2) canopy trees, three (3) understory trees, and sixty (60) shrubs.

10.  Style of perimeter fencing be provided to town staff prior to the commencement of any work and shall be roughly a four (4’) foot high split-rail fence.

 

All work and all regulated activities conducted pursuant to this authorization shall be consistent with the terms and conditions of this permit.   Any structures, excavation, deposition of fill, obstructions of flow, encroachments or other regulated activities not specifically identified and authorized herein shall constitute a violation of this permit and may result in permit modification, suspension or revocation.

 

In the event that any wetland or watercourse regulated activities are required as a result of other agency permitting to support the proposed activity, the Simsbury Conservation Commission reserves the right to reconsider the proposal activity and may require modification to minimize the impact to wetland resources.

 

In evaluating this application, the Commission has relied on information provided by the applicant.  If such information subsequently proves to be false, incomplete and/or inaccurate, this permit may be modified, suspended or revoked.  Motion unanimously approved.

 

c.  Application #17-14 of Jamie Wolf, Wolfworks Inc., Applicant; Richard and Kristi Warters, Owners; for the construction of an addition to the existing residence, deck, patio, fire pit, and stone path to the river in the upland review area to a wetland on the property located at 21 Terry’s Plain Road (Assessor’s Map H11, Block 104, Lot 002A). Zone R-40.

Landscape Architect John Stewart of CR3 appeared before the Commission regarding this application.  He noted that he was appearing in place of David Whitney, PE, who was unable to attend.  Accompanying Mr. Stewart was Janet Downey who was appearing in place of Jamie Wolf of Wolfworks, Inc.  Referring to a larger 24”x 36” site plan, Mr. Stewart pointed out the location of the existing dwelling, an addition in the back of the garage designed for the storage of kayaks, a second addition on the south side of the home for a bump out for a bedroom, and a reconfiguration of the existing deck.  Mr. Stewart noted that all the work has been pulled back to as tight an area as possible.  He noted that Mr. Whitney has minimized the excavation as much as possible, with it being less than 80 cubic yards.  Access will be gained through the front of the site rather than the existing second drive and equipment will not be anything larger than a small backhoe, according to Mr. Stewart.  The existing aluminum landing and dirt path leading to the river were pointed out to commissioners.  Plans include converting the dirt path to stone as well as stone steps leading to a terrace area. 

 

Mr. Glidden noted that the work proposed does not include any work directly within a wetlands but is within one hundred (100’) feet of the Farmington River, explaining that the circular addition proposed for the left side of the house is within sixty-five (65’) feet of the river and the closest point of the terrace and fire pit is forty (40’) feet.  He noted that down by the landing is within fifteen (15’) feet of the river.  He also noted that the footpath down to river should only involve a small skid-steer, starting down at the bottom and laying stone and working toward the house.  Mr. Glidden noted that the storage area during construction has been moved to the front of the house. 

Mr. Glidden explained that until the applicants receive approval for the LOMA (Letter of Map Adjustment) from FEMA (Federal Emergency Management Agency), the building project would not be able to proceed.  Mr. Glidden noted that the town has aided in this process.  Mr. Rieger noted the existing bare area along the banks of the river and questioned whether the vegetative buffer ought to be restored. 

 

MOTION:  Mr. Morrison, Mr. Levy second, that the Commission finds this to be a regulated activity due to construction occurring in the upland review area; unanimously approved.

 

MOTION:  Mr. Morrison, Mr. Haldeman second, that the Commission does not deem the activity to be significant based on the construction plan and the locations of the disturbances, it appears that there will not be any impact to the river; unanimously approved.

MOTION:  Mr. Morrison, Mr. MacCormac second, to approve Application #17-14 of Jamie Wolf, Wolfworks Inc., Applicant; Richard and Kristi Warters, Owners; for the construction of an addition to the existing residence, deck, patio, fire pit, and stone path to the river in the upland review area to a wetland on the property located at 21 Terry’s Plain Road (Assessor’s Map H11, Block 104, Lot 002A). Zone R-40 subject to the following standard and special conditions:

1.  The Conservation Commission’s agent shall be notified at least 48 hours prior to commencement of any construction activity.

2.  Final stabilization of disturbed soil areas shall be stabilized with the application of loam, seed, required plantings and appropriate erosion control measures.

3.  At all times during site work and until soil areas are stabilized, the applicant shall install and maintain erosion and sediment control measures such as fabric filter fence, staked hay bales or other measures deemed necessary by the Commission’s agent to prevent erosion and sedimentation impacts.

4.  Erosion control and soil stabilization measures shall comply with the approved

 Plans and the guidelines as established in Connecticut Guidelines for Soil Erosion and Sediment Control, 2002, CTDEP Bulletin 34.

5.  Upon direction of the Commission’s agent, erosion and sediment control measures shall be removed by the applicant following stabilization of the site.

6.  A pre-construction meeting onsite with the commission’s agent is required before the commencement of site improvements.  Applicant shall provide 48 hour notice to commission’s agent for scheduling of meeting.

7.  Areas of disturbance are to be marked in the field, reviewed and approved by commission’s agent prior to the start of site work.

8.  Erosion and sediment control measures are to be reviewed and approved by the commission’s agent prior to start of site work.

9.  Final As-Built is required for issuance of certificate of occupancy.  Said drawing is to document all the improvements’ location both horizontal and vertical location as it relates to the Farmington River.

10.  Any work which is located outside the limits of disturbance as shown and approved by the Commission on plans titled, “Site Plan for The Warter’s Residence” prepared by David Whitney PE latest revision date May 26, 2017, shall be considered a violation of this approval and subject to an immediate enforcement action.

11.  Staff be provided with a plan for enhancing the vegetative buffer along the river with suitable native plants prior to the issuance of a building permit.  Should staff be reluctant about scope of submitted plan, said plan shall be brought back to the Commission for review.

 

All work and all regulated activities conducted pursuant to this authorization shall be consistent with the terms and conditions of this permit.   Any structures, excavation, deposition of fill, obstructions of flow, encroachments or other regulated activities not specifically identified and authorized herein shall constitute a violation of this permit and may result in permit modification, suspension or revocation.

 

In the event that any wetland or watercourse regulated activities are required as a result of other agency permitting to support the proposed activity, the Simsbury Conservation Commission reserves the right to reconsider the proposal activity and may require modification to minimize the impact to wetland resources.

 

In evaluating this application, the Commission has relied on information provided by the applicant.  If such information subsequently proves to be false, incomplete and/or inaccurate, this permit may be modified, suspended or revoked.  Motion unanimously approved.

VI.  NEW BUSINESS:

1.  Receipt of New Applications.

Mr. Glidden reported that an application had been submitted from the Ethel Walker School for the filling in of the paddock areas adjacent to the horse stables.  He noted that there is a stream that runs to the west of the paddocks area.  There is a substantial area for filling and grading in the upland review area. Mr. Glidden explained that this would be the only new application to be reviewed at the July 18, 2017 meeting.

 

VII.  GENERAL COMMISSION BUSINESS:

1.  Approval of the Minutes of the May 16, 2017 Regular Meeting.            .

The May 16, 2017 Minutes were accepted.

 

Mr. Glidden noted that copies of the Plan of Conservation and Development are available for commissioners who may want one.  It was noted that the POCD may also be found on the town’s website.   Additionally, Mr. Glidden noted that Deepwater Wind will be hosting a public forum scheduled at Simsbury High School for 6:30PM on Thursday, June 22, 2017, on the solar project off of County and Hoskins Roads.  Mr. Glidden explained that there is no local regulatory process for this type of application as the review process, similar to the permitting process for cell phone towers, occurs at the state level.

 

VIII.  PUBLIC AUDIENCE:

Mr. Rieger questioned whether the commission had agreed to add Public Audience as an agenda item at the last meeting.  He reported that he had emailed Ms. Winters regarding adding Public Audience to meetings, opining that it is not wise to receive public commentary as it is difficult to police the boundary between matters before the Commission in which ex-parte communication should not occur and general business.  Mr. Glidden suggested adding this as a discussion item for the next agenda so that the whole commission could discuss the concept.  He noted that he would share Mr. Rieger’s email with the whole commission.

 

 

 

IX.   ADJOURNMENT:

MOTION:  Mr. Haldeman, Mr. Levy second, to adjourn at 8:35PM; unanimously approved.

Respectfully submitted,               

               

Pamela A. Colombie      

Commission Clerk