Conservation Commission / IWWA Minutes 07/18/2017

Subject to Approval

Town of Simsbury

Conservation Commission/Inland Wetlands & Watercourses Agency

REGULAR MEETING MINUTES

Tuesday, July 18, 2017 at 7:30PM

Simsbury Town Offices – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

PRESENT:   Margery Winters, Jason Levy, James Morrison, Donald Reiger, 

  Alternate Donna Beinstein and Charles Haldeman(7:33PM); Assistant Town Planner Michael Glidden.

ABSENT:    Darren Cunningham and Craig MacCormac.

I.  CALL TO ORDER:

The meeting commenced at 7:30PM.

II.  ROLL CALL:

1.  Appointment of Alternates.

Ms. Beinstein was seated for Mr. Cunningham.   

MOTION:  Mr. Reiger, Mr. Levy second, to amend the Agenda to move Item VI.4 Presentation on behalf of the Engineering Department regarding emergency repairs at House Rest Pond Dam to follow II.1 Appointment of Alternates; unanimously approved.

4.  Presentation on behalf of the Engineering Department regarding emergency repairs at House Rest Pond Dam.

Adam Kesler, PE, of the Town’s Engineering Department, introduced Todd Parsons, PE, of Lenard Engineering, to discuss plans regarding emergency repairs at House Rest Pond Dam.  He explained that this dam is located right behind the Town’s public library.  Mr. Kesler explained that during the RFQ process in assessing the Town’s dams, it was discovered that one of the wingwalls of the dam had collapsed. 

Mr. Parsons provided a presentation on the proposal to repair House Rest Pond Dam.  He reviewed his drawings, noting that the limits of the wetlands were flagged by a soil scientist and the topography by a surveyor.  Mr. Parsons explained that a temporary fix will be installed for the two downstream walls, work which is regulated by the Department of Energy and Environmental Protection (DEEP) under Connecticut General Statutes Section 22a-403, which provides them authority to govern dams.  He noted that the general permit application requires notification to the local conservation commission which has been completed through providing a full copy of the application and plans.  Mr. Parsons noted that the dam is approximately six (6’) feet high and runs approximately one hundred (100’) feet long.  He noted that it is an earth dam with a masonry spillway and masonry walls.  Mr. Parsons noted that the right wall, as viewed from upstream facing downstream, has collapsed within the last year.  He noted that the wall on the other side is still standing but is in poor condition. 

Mr. Parsons explained that reconstruction includes gabions which are wire baskets filled with stone.  He noted that this is deemed a rapid response with minimal disturbance.  Mr. Parsons explained that this will allow them time to complete an evaluation with a hydraulic analysis to determine the spillway capacity and to determine a more appropriate permanent solution.   Mr. Parsons explained that the work will involve removing trees on one of the embankments which is considered maintenance by DEEP.  He noted that stumps will not be removed as part of this project. Silt fence will be installed on the toes downstream and a floating boom will be installed across the river, according to Mr. Parsons.   Access will be gained from two sides, the library parking lot and the southerly parking lot by the church.  Work should take one to two weeks for the temporary fix, according to Mr. Parsons.  He noted that impact will be roughly 250 square feet of permanent impact to the wetlands and 8,000 square feet in the upland review area.  Contingency plans for a hurricane event would include ensuring that the construction equipment and materials be removed from the most vulnerable area, according to Mr. Parsons. 

Mr. Parsons agreed that DEEP deems the removal of dams as a net environmental positive but explained that his firm has not been tasked with evaluating that option now.  He explained that it is not a simple proposal to remove a dam as it can be more complicated and more expensive. 

III.  PUBLIC HEARINGS:

1.  None.

IV.  OLD BUSINESS:

1.  Applications.

Application #17-15 of Thomas A. Knowlton, P.E., Milone and MacBroom, Inc., Applicant; The Ethel Walker School, Owner; for horse paddock improvements and stormwater drainage system on the property located at 233 Bushy Hill Road (shown on the Assessor’s Map as Map D15, Block 318, Lot 007). Zone R-40.

Thomas Knowlton, PE, of Milone and MacBroom, accompanied by Steve Reynolds and Tim Rand of the Ethel Walker School, appeared before the Commission regarding this application.  Mr. Knowlton reviewed Ethel Walker School’s proposal, noting the location as the westerly side of Bushy Hill Road.  He explained that they are seeking to rejuvenate the horse paddock areas at the facility, by changing out the fencing material where it is not possible to recycle it as well as change out the base material of the paddocks.  Mr. Knowlton noted that the work will be done in phases based on availability of funding, with only a small portion down by the maintenance barn, 1½ acres, done this summer before school begins.   

Mr. Knowlton provided details on sediment and erosion control measures proposed, including a combination of the installation of silt fence and straw bales.   The frequency of mowing was discussed and the addition of native plantings was discussed.  A stretch of bare ground, close to the fire hydrant, was questioned.  It was explained that the runoff due to the slope was the cause for this.   Mr. Knowlton explained that this was one reason for leveling the paddock area.  He also noted that the secondary warm-up ring will have six (6”) inches of ¾” crush stone for the base as well as 4”-6” of stone dust on top of that.  It was noted that the process aggregate will not be reclaimed materials and therefore will not contain concrete or asphalt.  The proposed trees and shrubs were discussed.  The use of more native trees was suggested.   

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

MOTION:  Mr. Morrison, Mr. Reiger second, that the Commission does not find this as a significant activity because the applicant’s erosion and sediment control plans seem to be effective barriers between the construction areas and the wetlands; unanimously approved.

MOTION:  Mr. Morrison, Mr. Reiger second, to approve Application #17-15 of Thomas A. Knowlton, P.E., Milone and MacBroom, Inc., Applicant; The Ethel Walker School, Owner; for horse paddock improvements and stormwater drainage system on the property located at 233 Bushy Hill Road (shown on the Assessor’s Map as Map D15, Block 318, Lot 007). 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 prior to start of site work.  Said limits are to be reviewed and approved by the Commission’s agent prior to clearing of the property.

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

9.  Applicant will submit revised plan to include native species subject to approval by Commission’s agent. 

10.  Mowing of the grass outside of the fence will be limited to the area strictly necessary to be mowed and will be limited to twice a year; unanimously approved.

V.  NEW BUSINESS:

1.  Receipt of New Applications.

Mr. Glidden reported that an application had been submitted from the Park and Recreation Department, to be included as part of the September Regular Meeting.

VI.  GENERAL COMMISSION BUSINESS:

1.  Approval of the Minutes of the June 20, 2017 Regular Meeting.          

The June 20, 2017 Minutes were accepted.

2.  Deepwater Wind Solar Project.

a.  Referral from Board of Selectmen.

As council for the Town, Attorney Jesse Langer of Updike, Kelly & Spellacy reviewed the Siting Council process, explaining the role of a municipality.  Mr. Glidden explained that the Board of Selectmen is seeking input from the Town’s land use boards and commissions.  Attorney Langer explained that the Siting Council has preemptive jurisdiction but that Connecticut General Statutes Section 16-50(x) provides municipalities and various boards to provide insights. 

The Commission discussed timelines, with Attorney Langer indicating that should the Town indeed receive party status, a public hearing would likely be held in early September, 2017. 

The Commission then reviewed concerns and questions as they relate to the petition.  The soils were indicated as a concern with Ms. Winters noting from the Soils Report that most of the soils are either wetlands soils or prime agricultural farmland.  She opined that soil is a valuable natural resource being lost at an alarmingly fast rate.  Ms. Beinstein pointed out that the zone is residential.  Mr. Reiger noted that the report indicated that the proposed construction does not involve excavation so the soils will likely not be disturbed.  The recycling of the panels after the decommissioning was also noted as a concern.  The “heat island effect” was an additional area of concern noted.  The oversight, and expense of the oversight, especially with some of the provisions of the petition, such as the pollinating area, were indicated as needing to be further questioned. 

It was noted that these types of projects are often heavily subsidized and there are concerns with what would occur if for some reason those subsidies were to disappear.   Mr. Reiger noted that the petitioner had provided for walking trails for public use but it was unclear whether they were to be paved or not and that the Town may want to go on record in this regard.

Ms. Winters opined that the project was not the best use of prime agriculture land but acknowledged that there are no local or state protections in place to protect prime agriculture land.  Commissioners noted that the land is being conserved in that it is not being built up. 

Mr. Glidden noted that he will draft a letter and will email that draft based on this discussion. 

A copy of the correspondence from a neighbor to this site was provided to the Commission. 

It was noted that it might help the soil should the entire site be covered with pollinating plants instead of just one acre. 

The erosion and sediment control plan intended for the project is something the Commission would like to review.  They are also interested in reviewing a phasing plan.

The consensus of the Commission was that they seek to protect agriculture land but since they are not in a position to do so, they are generally okay if a number of things with this project are carried out appropriately.  Additionally, renewable energy is something the Commission generally looks favorably on.

MOTION:  Mr. Reiger, Mr. Levy second, to schedule a Special Meeting for August 1, 2017 at 7:30PM in the Main Meeting Room of Simsbury Town Offices; unanimously approved.

3.  Discussion on emergency erosion control matters at The Knoll – work to be conducted in Conservation Easement.

Mr. Glidden explained that there has been work done in the conservation easement behind The Knoll at Sand Hill Condominiums, an area with very steep slopes.  He noted that there is not an application because there are no wetlands.  Mr. Glidden explained that authorization is sought to repair the erosion. 

Timothy Wentzell, PE, addressed the Commission, explaining that this project is more of a maintenance project as there was a fence along the knoll of the steep embankment that had fallen.  He explained that there was close to one-hundred (100’) feet of erosion in the back of the condominium units.  Mr. Wentzell noted that a wall was discovered in the area and plans to address the erosion include installing erosion control matting that sits atop the ground, filled with topsoil and has plantings such as pachysandra planted in them.  He noted that the width of the project is only twelve to fifteen feet.

Commissioners noted their preference for a native ground cover such as fragrant sumac over the suggested pachysandra.  Mr. Wentzell did not oppose.

MOTION:  Mr. Reiger, Mr. Morrison second, that the Commission finds the plan, as modified with supervision and selection of plants is consistent with the conservation easement of which the Town is a grantee, and that the work should be permitted; unanimously approved.  

5.  Forest Management Workshop.

It was noted that the Board of Selectmen is seeking input from the Commission regarding the Forest Management Plan for Onion Mountain. 

John Schaefer of 16 Lostbrook Road addressed the Commission, noting that the Forest Management Plans prepared for four of its open space properties is less comprehensive than what he has found was prepared for Grey Towers: Gifford Pinchot’s home in Pennsylvania.  He opined that Simsbury’s four open space properties ought to evolve naturally into old growth forest rather than be actively managed. 

Ms. Winters opined that the Forest Management Plan for Onion Mountain was inadequate. 

Discussion ensued regarding the concept of actively managing forests.   Ms. Winters noted that the goals for the town’s forests, whether for passive recreation or preservation for habitat, should be established and will necessitate public input.

Open Space Committee Member Helen Peterson addressed the Commission regarding “active management”.  She recalled the peer review of the Onion Mountain plan and noted that a question put forth from that was whether the Town had philosophical goals regarding their forests.

Dr. Susan Brachwitz of 10 Pinecrest Drive addressed the Commission with respect to a correspondence dated June 5, 2017 entitled “Regarding the Management Plan for Onion Mountain Park”.  

Ms. Peterson reminded the Commission that Belden Forest is an old growth forest and there is potential with stands that are over 200 years ago but people must understand why preserving them is a goal.  Mr. Haldeman agreed, noting that a philosophy statement should be adopted.  Inquiry was made regarding the status of the Town’s Open Space Master Plan as it was noted that Parks and Recreation Department Director Jerry Toner was issuing an RFP for one.  

6.  Discussion on adding Public Audience to future Agendas.

Ms. Winters noted that public comment is allowed at Canton’s Conservation Commission meetings and thought it might be a good idea to add that to this Commission’s meetings.  Mr. Reiger explained his reluctance to do so, noting that it is important to not receive testimony or opinion on matters that may come before the Commission later. 

Mr. Glidden reported that the Tarrifville Fire District has two well houses that need to be replaced.  The Commission indicated that an application for a permit will be necessary in this regard.

VII.   ADJOURNMENT:

MOTION:  Mr. Morrison, Mr. Rieger second, to adjourn at 10:07PM; unanimously approved.

Respectfully submitted,               

Pamela A. Colombie      

Commission Clerk