Conservation Commission / IWWA Minutes 07/07/2015
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
SUBJECT TO VOTE
JULY 7, 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 Phil Purciello, Andrew O'Connor, Darren Cunningham, Jim Morrison, Donna Beinstein, 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 Donald Rieger and Commissioner Beinstein to serve for Patrick Spaulding.
III. ADMINISTRATIVE APPROVALS
Town Staff reviewed 4 administrative approvals, including: 1) Application #15-20 for 38 Sunset Hill Road to replace a deck 43 feet from the wetland; 2) Application #15-22 for 37 Fernwood Drive to construct a 14x20 detached garage on a slab about 96 feet from wetlands with a slight leveling of a flat area in the URA and soil taken offsite ; 3) Application #15-24 for 8 Vincent Drive for installation of an 8x10 playhouse and addition of gravel under the playhouse and along the existing paths on the lot; and 4) Application #15-25 for 7 Alter Drive to extend a deck in the URA on nine 12-inch piers with a 36-inch hole at a big foot base and at the closest point 30 feet from the wetland.
IV. DISCUSSION AND POSSIBLE ACTION
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)
Application #15-14 was read into the record.
The Applicant provided the Commissioners with photos and a board illustration showing the house location and noting the existing kitchen and deck above the garage. The Applicant proposed removing the deck and most of the garage, re-doing the footings, and extending the kitchen over the garage keeping the site line the same as for the current garage. The Applicant indicated it is about 68 feet to Hopbrook which runs through the yard; an existing historic stone wall would remain with all grass between the house and brook to the stone wall and then about 2-3 feet to the brook; if required by the Commission, a fence and hay bales would be utilized; the contractor he has hired needs about a 28-foot radius which would keep the work about 45 feet from the brook and infringe about 1-foot less from the current location. The Applicant confirmed the footprint would not change and the garage with kitchen above would be properly installed and a new peak put in; the foundation would be removed with an excavator using about 20 feet along the grass and leaving about 48 feet to the brook. The Commissioners reviewed the location of the URA and wetlands in relation to the proposed work area on the map provided; Town Staff noted the 1980's wetlands maps may vary from other Town maps. The Applicant noted the lawn area has been in existence for the 24 years he has resided on the property and during large rain events the house has never been at risk for flooding; they would begin construction in August which is the driest period.
Commissioner Sexton made a motion that this is a regulated activity since it involves construction within the Upland Review Area.
Commissioner Purciello seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion that it is not a significant impact activity because none of the construction will occur in the actual wetland or impact the wetland.
Commissioner Purciello seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion to approve the Application contingent upon recommendations provided by Town Staff in the June 24, 2015 memo with the conditions outlined in that memo.
Commissioner Purciello seconded the motion, and it was passed unanimously.
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)
Application #15-15 was read into the record.
The Eagle Scout Applicant proposed building a nature trail and raised walking path for kids at Tootin Hills School beginning at Town Forest Baseball Field running perpendicular to the right side bike path and parallel to Town Forest Road, inset 15-20 feet minimum, and would be about 4-6 feet wide with surrounding trees marked with stencil/paint; the trail would be about 4 miles long concluding at the outer school perimeter fence. The Applicant noted that a small drain pipe where water collects at a gully would be repaired; a 48-foot long 30-inch wide bridge would be built using treated lumber using four 32-inch foundation posts on each side supporting 2x6's supporting 2x10x10's and above that 2x6x30's slats with 1/2-inch of separation; on opposite ends of the bridge will be 4x6's set on the ground at the access points to the raised walkway. The Applicant indicated the work would be done in the next 2 months. Alan Richard indicated there are substantial wetlands in the area; 2x4's would be augured into the ground with rebar about 20 inches; they would follow the land contour and stay about 12-inches above ground in the wettest area transitioning out appropriately; about 6 Scouts will work on this project which was suggested by their leader as a result of previous storm effects. Regarding tree removal, the Applicant indicated some small material or downed trees would need to be cleared.
Commissioner Cunningham made a motion this is a regulated activity since it involves disturbance to a wetland.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Cunningham made a motion that this is not a significant activity based on the description given and the use of materials and procedures that are not likely to have much of an impact on the wetland.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Cunningham made a motion that the Commission grant the permit.
Commissioner Morrison seconded the motion, and it was passed unanimously.
3. Application #15-16 of Janet L. Sienko, Owner, for the removal and stumping of trees and re-landscaping in the Upland Review Area to a watercourse on the property located at 2 Horshoe Circle (Assessor's Map G07, Block 115, Lot 080). Zone R-15. (received 06/16/2015; decision must be rendered by 08/20/2015)
Application #15-16 was read into the record.
The Owner reviewed they removed 10 trees, 5 trees in the front yard and 5 trees in the backyard, and they re-landscaped the backyard. The Owner indicated a 100-foot tall Pine tree struck by lightning was decaying in the front yard and needed to come down; a hemlock disease infected neighboring trees and they were professionally advised to remove them in both the front and back yard, and a White Spruce with major defoliation was also taken down. The Owner described other concerns, including ice dams and improving use of their yard. The Owner provided the Commissioners with photos of the yard before and after tree removal noting a stream on the east side of the house was untouched and a related area with a grate is kept cleared and they have had no water damage. The Owner noted heavy equipment remained in the driveway during tree removal. The Owner noted a berm with stationery rock was put in along the back property line where the Hemlocks were removed; and they put in 10 Arbor Vitaes along the berm top and 4 Arbor Vitaes along the back edge rock area about 10-feet from the stream. Town Staff will provide the Owner with a listing of native plants.
Commissioner Purciello made a motion this is a regulated activity because the activities that occurred took place within the Upland Review Area.
Commissioner Beinstein seconded the motion, and it was passed unanimously.
Commissioner Purciello made a motion that this is not a significant activity because the nature of the tree removal occurred away from the stream within the back yard and all related work to that area was an effort to maintain the integrity of the wetland.
Commissioner Beinstein seconded the motion, and it was passed unanimously.
Commissioner Purciello made a motion that the Commission grant the Application and note that for future planting occurrences in the wetland that the Applicant be mindful of using native plants.
Commissioner Beinstein seconded the motion, and it was passed unanimously.
4. 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)
V. RECEIPT OF NEW APPLICATIONS
Town Staff reviewed 6 Applications received, including:
1. Application #15-17 of Town of Simsbury, Owner, to create a path to the gazebo and remove vegetation in the Upland Review Area to a wetland on the property located at 725 Hopmeadow Street (Assessor's Map G10, Block 203, Lot 049). Zone SC-1. (received 07/07/2015; decision must be rendered by 09/10/2015)
Town Staff indicated the first phase would be for the path to the pond eventually establishing a viewing area and the second phase would be for the gazebo.
2. Application #15-18 of Danielle D'Ermo, Owner, for a 24x64 addition to the house and lap pool in the Upland Review Area to a wetland on the property located at 3 Crestwood Road (Assessor's Map F07, Block 306, Lot 001). Zone R-15. (received 07/07/2015; decision must be rendered by 09/10/2015)
Town Staff noted this is for addition of an accessory structure with lap pool in the URA.
3. Application #15-19 of Sally S. Rieger, Applicant; Simsbury Land Trust, Owner; for the construction of a pedestrian footbridge over a watercourse on the property located at East Weatogue Street (Assessor's Map H11, Block 106, Lot 037). Zone R-80. (received 07/07/2015; decision must be rendered by 09/10/2015)
Town Staff indicated the Simsbury Land Trust is applying to create a pedestrian footprint over Lucy Brook at the Tanager Hill property on East Weatogue Street.
4. Application #15-20 of Joshua Maurer, Owner, for the construction of a deck in the Upland Review Area to a wetland on the property located at 38 Sunset Hill Road (Assessor's Map C18, Block 601, Lot 112). Zone R-40. (received 07/07/2015; decision must be rendered by 09/10/2015)
Town Staff indicated this was handled as an Administrative approval.
Town Staff noted receipt of Application #15-21 is for Westminster School new construction; an Application for 20 Woodchuck Hill Road for an addition and deck in the URA; and an Application from the Public Works Department for 42 Longview Drive to construct a sanitary forced main across a waterfall. Town Staff anticipated the 19 Talcott Mountain Road Applicants will likely be back.
Town Staff added applications for:
VI. CORRESPONDENCE/ANNOUNCEMENTS
1. Farmington River News, Summer 2015
Town Staff will email a copy to the Commissioners of the News as well as material from DEEP's recent Inlands Wetlands Training workshop, including new guidance for aquatic pesticides with the Commission able to provide comments. Town Staff reviewed that if pesticide is applied to a body of water, DEEP is the permitting agency and informs the local Inlands/Wetlands Agency of that material. Town Staff added there is also new guidance for created land and what it means for wetlands.
The Chairperson noted the attendance of several Commissioners at a joint meeting of the Open Space Commission/Recreation/Conservation about the Ethel Walker Woods Master Plan and the 1 Old Bridge property; comments were invited for a meeting between the Chairperson and First Selectmen tomorrow.
Commissioner Sexton announced her resignation from the Commission after 10 years of service due to a number of new and demanding activities.
VII. APPROVAL OF MINUTES of June 16, 2015 Regular Meeting
Chairman Winters accepted the June 16, 2015 minutes, as written.
VIII. ADJOURNMENT
Commissioner Sexton made a motion to adjourn the meeting at 8:25 p.m.
Commissioner Purciello seconded the motion, and it was passed unanimously.