Conservation Commission / IWWA Minutes 07/21/2015

Meeting date: 
Tuesday, July 21, 2015

CONSERVATION COMMISSION/INLAND WETLANDS &

WATERCOURSES AGENCY MINUTES

JULY 21, 2015

REGULAR MEETING

 

 

I.          CALL TO ORDER

 

Chairperson Margery Winters opened the Regular Meeting of the Conservation Commission at 7:32 p.m. in the Main Meeting Room at the Town Offices.  Other members and alternates in attendance were Phil Purciello, Andrew O'Connor, Patrick Spaulding, Darren Cunningham, Jim Morrison, Margaret Sexton, and Donald Rieger.   Also present were Rachel Blatt, Assistant Town Planner; Janis Prifti, Commission Clerk; and other interested parties.

 

 

II.        APPOINTMENT OF ALTERNATES

 

A quorum was present and no alternates were seated.

 

 

III.       ADMINISTRATIVE APPROVALS

 

Town Staff reviewed an approval given for 2 Basswood Lane to relocate an existing shed about 90 feet from the wetland and just over the property line inward and 12 feet closer to the wetland.

 

 

IV.       DISCUSSION AND POSSIBLE ACTION

 

1.         Application #15-17 of Town of Simsbury, Owner, to create a path and a gazebo and remove vegetation within the upland review area to a wetland on the property located at 731 Hopmeadow Street (Assessor's Map G10, Block 203, Lot 001C-D). Zones SC-1. (received 07/07/2015; decision must be rendered by 09/10/2015)

 

Application #15-17 was read into the record.

 

Main Street Partnership is coordinating the effort for this Application on behalf of the Town, including department heads for the Library, Engineering, Public Works, Planning, and Park and Rec.  The Main Street Partnership representative described an existing pond behind the Library and 1820 House with access currently in disrepair and proposed putting in a mulch trail to the pond, which would include moving the crosswalk north to align with access stairs and across the street for improved safety, and potentially adding to the pond area in the future a stone wall with trellis and gazebo.  The representative showed the Commissioners an aerial view provided by LADA, and Town Staff confirmed there are no wetland soils in the pond area.  The representative noted that all Town department heads have reviewed the site plan and only 2 trees would potentially need to be removed with minimal impact to the area. 

 

Regarding alternative options, the representative indicated the only ADA compliant path would result in significant disturbance to the area and the proposed site plan is the least invasive.  The representative indicated the trail was viewed as an economic development driver with the Library envisioning some programming; there is also a public/private partnership with the 1820 House and Metro Bis who could hold small wedding events in the pond area.  The representative believed the proposed plan to be least intrusive while allowing for some access to the area.  Town Staff noted that being ADA compliant is not required for a trail; but if it becomes a public gathering place, public officials will determine whether it should become ADA compliant.  The representative explained the Application primarily requests approval for the first phase trail, and if there is future funding from the public/private partners, approval for the stone wall and gazebo concepts. 

 

Regarding the material used for the trail, stone dust was considered but wood chips were suggested due to the ample supply.  Regarding trail maintenance, the representative explained $7,000 is allotted for the trail and Metro Bis has agreed to do the upkeep, including mowing, and native plantings along the edge near the parking lot; Town Staff confirmed pachysandra was located a considerable distance from the pond area.  Ownership of the wooden footbridge was discussed, and Staff confirmed the Town owns/maintains the dam and footbridge, but does not own the pond.  The representative noted that signage similar to that for Stratton Brook would be used.

 

Commissioner Rieger made a motion that this is a regulated activity because it involves construction in the Upland Review Area.

 

Commissioner Cunningham seconded the motion, and it was passed unanimously.

 

Commissioner Rieger made a motion that it is not a significant activity as there are no wetland impacts of any kind visible.

 

Commissioner Cunningham seconded the motion, and it was passed unanimously.

 

Commissioner Rieger made a motion to grant the requested permit conditioned only upon the assurance that Town Staff will be all over this in all of its manifestations throughout whatever iterations it has.

 

Commissioner Cunningham seconded the motion, and it was passed unanimously.

 

2.         Application #15-18 of Danielle D'Ermo, Owner, for the construction of an accessory building with an indoor lap pool and relocation of a shed within 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/R-25. (received 07/07/2015; decision must be rendered by 09/10/2015)

 

Application #15-18 was read into the record.

 

The Applicant proposed installing a 12x40-foot lap pool for health reasons, as recommended by her physician; a 60x20-foot building would enclose the pool, and to make room for the pool building, an existing shed would be moved to the northeast yard corner.  The Applicant showed the Commissioners the property layout; the longest section of the building would be about 56 feet from the existing back stone wall; the existing shed with stone foundation requires a small amount of leveling and would be relocated about 8 feet from the stone wall.  As recommended by Town Staff, the Applicant will have the property surveyed to make sure all setbacks are in compliance. 

 

The Applicant indicated mitigating impacts on the wetlands include a berm and stonewall separating the building site and construction activities from the wetlands located behind the stonewall; silt fence, hay bales, and any barriers required by the Commission would be utilized.  The Applicant indicated the contractor's equipment will be on tracks to minimize soil disruption, and they will keep as many existing shrubs as possible at the building end.  Town Staff confirmed that the existing survey on file was done in 1981; a revised rendering dated 7/14/2015 moved the building further away from the wetlands and reduced its size.  The Commissioners discussed the benefit of performing the survey first to assure proper location of the buildings. 

 

Regarding impact of drainage patterns, the Applicant believed the area was pretty flat and her basement has never collected water.  While Town Staff has not been able to walk the property, it was noted the wetlands are wooded with no known standing water; the land slopes slightly toward Crestwood and neighboring property to the west.  The Applicant's boyfriend who does a lot of the year work added there is a dry creek the water drains away from at 5 Crestwood to the east.  The maps in Town Staff's report show this property located on the far edge of a larger complex of Town property with the stone barrier following the property line. 

 

The maximum pool depth is 5 feet and the Applicant confirmed that dirt from the pool excavation would be removed daily by the contractor with silt fence remaining in place throughout the project; the Commissioners noted Staff's recommendation that gutter drainage from the large roof area requires grading to assure dispersion of water would not create erosion on the road or neighboring property.  The Applicant noted the building is currently being designed.  The Applicant confirmed that the heated pool would not require any draw down or back washing.  The Commissioners commented August/September is typically the driest time of year and the Applicant indicated the contractor would need to start by September in order to complete the project this year, so the survey will need to be pushed up.  Should the  builder run into shallow water at 3-4 feet, the Commissioners recommended having a contingency plan to manage it and not pump it into the wetlands or storm sewer leading to the wetlands; a series of filters or multiple iterations of silt fencing could be set up to remove the silt with only water entering the catch basin.  The Applicant reiterated the contractor's plan to take soil offsite as it is excavated; the Commissioners added that if dewatering is required, it be done to Staff's satisfaction.  Town Staff confirmed that when the shed is moved it will remain in the Upland Review Area and will continue to sit on a stone foundation. 

 

Commissioner Cunningham made a motion this is a regulated activity since it involves construction of an indoor pool in the Upland Review Area.

 

Commissioner Purciello seconded the motion, and it was passed unanimously.

 

Commissioner Cunningham made a motion that this is not a significant activity as it has been described - with the process for installation of a pool taking into account how close it is to the wetland - subject to further study and input from staff, including the issue of how the foundation is to be constructed.

 

Commissioner Purciello seconded the motion, and it was passed unanimously.

 

Commissioner Cunningham made a motion that the Commission grant the permit subject to further input by Town Staff, as described, and also that the Chairperson of this Commission shall be provided a copy of the final survey and that the project may require new permits, if substantially different from this Application.

 

Commissioner Purciello seconded the motion, and it was passed unanimously.

 

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)

 

Application #15-19 was read into the record.  Chairperson Winters and Commissioner Rieger recused themselves from hearing this Application.

 

Vice Chairman Cunningham seated Commissioner Morrison to serve for Donald Rieger.

 

A Trustee of Simsbury Land Trust and Chairperson of the Stewardship Committee proposed a footbridge over Lucy Brook on Simsbury Land Trust property at Tanager Hill on East Weatogue Street.  The Trustee indicated in the future they will develop parking spaces nearby, with the area where the footbridge providing easy public entry to the property.  The Trustee noted the plan has been simplified to repair and enhance the existing bridge, which has three 10-foot 6x6's across the brook poised on the bank on one side and on a stone on the other with a wobbly railing on one side; they propose adding another 10-foot 6x6 to somewhat widen the bridge, to improve the railing, and to make two landing ramps out of 6x6's - one 4-feet long ending on a footing held in place in the URA by rebar, and the other about 10-feet long on the other bank in the URA held in place by rebar.  The Trustee indicated there would be no activity in the water course with the only soil disturbance in the URA; they would use the same pressure treated wood permitted for other bridges; the bridge would be a hand tool project which would not be stained/painted and would likely be an Eagle Scout project completed in the next year.  The Trustee added they would also like the permit to allow them to dig up to four post holes at least 30 feet from the water course with excess soil removed from the site for installation of a trail head kiosk where a map, property information, and donor lists could be posted.

 

Regarding rebuilding the existing bridge, the Commissioners were provided a map with the darkest blue indicating the existing footbridge; the three existing 6x6's were described as in good condition.  The trustee indicated there was also concern regarding the need for landing ramps due to visitors who might have a problem with the step down.

 

Commissioner Purciello made a motion this is a regulated activity because the activities occurring take place either within the wetland or within the Upland Review Area.

 

Commissioner Spaulding seconded the motion, and it was passed unanimously.

 

Commissioner Purciello made a motion that this is not a significant activity because all of work will be occurring using hand tools and there will be no actual disturbance to the wetland.

 

Commissioner Spaulding seconded the motion, and it was passed unanimously.

 

Commissioner Purciello made a motion that the Commission grant the permit working with Town Staff on the construction activities that will take place and amending the plan to include the kiosk in the Upland Review Area, as described by the Applicant.

 

Commissioner Spaulding seconded the motion, and it was passed unanimously.

 

At 8:15 p.m., Chairperson Winters and Commissioner Rieger rejoined the meeting.

 

4.         Application #15-21 of Thomas Earl, Agent for Westminster School, Owner, for the activities associated with the construction of student and faculty residence buildings, dining hall building, carriage house building, and site landscaping on the property located at 995 Hopmeadow Street (Assessor's Map H07, Block 103, Lot 034). Zone R-80. (received 07/07/2015; decision must be rendered by 09/10/2015)

 

Application #15-21 was read into the record.

 

Commissioner Spaulding recused himself from the meeting.  Chairperson Winters seated Commissioner Morrison to serve for Patrick Spaulding.

 

The Agent for the Applicant requested approval for an Erosion and Sediment Control Plan and Storm Water Management Plans for improvements at Westminster School.  The Agent described the main campus location as approximately 300 feet away from and about 90 feet above Hopmeadow Street, and their main activities would be about 550 feet from the Farmington River.  The Agent indicated improvements include:  1) one 3-story faculty residence with a 9,000 sq. ft. building footprint; 2) two carriage houses with 5-car garage on the 1st floor level and faculty apartment above it; and 3) one dining hall with a 22,000 sq. ft. footprint.  The Agent added that an existing campus playground would be relocated and the existing Cushing Hall dining hall would be renovated with site improvements, including pedestrian connection to the academic hall directly behind it.  The Agent noted no wetlands or upland review areas would be impacted by this site plan.

 

The Agent reviewed their approved plan from two years ago included construction of three new student residences, two carriage houses, and several garages, with the rendering showing in blue what was constructed and in orange what was not constructed.  This Application proposes two new carriage houses and an additional dorm; the 3rd dorm and one carriage house were approved two years ago, but four approved two-car garages will not be constructed.  The Agent described the current plan layout and location of buildings to be constructed; the gray color represented new bituminous/concrete sidewalks/driveways; the old campus access using existing grades would be used for deliveries to the back of the proposed dining hall with two visible stories and a 3rd story underneath functioning as a covered loading dock area; a small parking lot for workers would be added on the southeast of the dining hall; due to the dining hall basement portion, significant hillside regrading, clearing, and fill would be used in two locations in order to raise the elevation about 10 feet to the green area.  The Agent noted improvements behind Cushing Hall, including removal of much of the bituminous, an existing building portion would be removed to provide student access to Cushing Hall which would become a student center. 

 

The Agent indicated a storm water management report was provided to Town Staff due to a significant amount of recommended storm water management.  The Agent noted the site has sandy soils and they performed independent permeability tests with one area at 70 inches/hour and a second at 17 inches/hour likely due to leftover fill material from previous projects, so they averaged the two rates and used 21 inches/hour in their calculations.  The Agent added that during the significant storms of the past 3-4 years, the fairly large infiltration system in place with hillside discharge has never had water come out of it.  The Agent noted a significant amount of impervious proposed for the dining hall, an existing oval would be reconstructed to be more symmetrical, a new brick connection, and a new dorm; the sum of the slight increases in impervious require a series of subsurface infiltrators (shown in blue) set up to work consecutively as they fill; the roof would discharge into a collector system; should any storm water discharge, emergency outlets to a small pool act as a level spreader dispersing water down the hillside.  The Agent added the new playground location allows addition of faculty parking spaces, some temporary construction parking spaces, and a discharge point down the hillside.  The Agent noted LID techniques utilized, e.g. infiltrators and level spreaders, with no need for hydrodynamic separators; the easterly-graded parking lot drains to a rain garden, and if the rain garden fills up, to three dry wells for infiltration into the ground; and there is no increase in storm water leaving the site, which is undergoing State review due to the majority of water draining toward Hopmeadow Street. 

 

The Agent indicated for erosion and sedimentation controls, they would use silt fence at the base of slopes, silt sacks in catch basins in construction areas, and hay bales in overland flow locations; and while no groundwater is anticipated onsite given project elevation, if it occurs, temporary sediment traps would be placed to filter storm water before discharge into a drain or down the hillside.  The Agent noted there are three project phases over at least three years; the first phase is for the residences and carriage houses (18 months to construct the student dorm), followed by the dining hall (18-24 months to construct), and then Cushing Hall.  The Agent indicated erosion control matting shown in light gray and would be used for any slope area greater than 3:1; if it is not at final grade and the area would be left for more than a week, the soil would be temporarily seeded and they would return later on to fine grade and permanently stabilize the area.

 

The Commissioners clarified this Application falls under Chapter 128 and the Applicant agreed to meet the conditions outlined in Mike Glidden's memo of 7/16/2015; the Applicant confirmed with Town Staff the basin definition.

 

Commissioner Sexton made a motion to approve the Erosion and Sedimentation Control Plan, subject to the special conditions and standard conditions outlined in the July 16, 2015 memo.

 

Commissioner Rieger seconded the motion, and it was passed unanimously.

 

5.         Application #15-23 of Kristin and Peter Pabich, Owners, for an addition to the residence within the upland review area to a wetland on the property located at 20 Woodchuck Hill Road (Assessor's Map A09, Block 440, Lot 0003). Zone R-40. (received 07/07/2015; decision must be rendered by 09/10/2015)

 

Application #15-23 was read into the record.

 

The Owner requested approval to construct a 24x26-foot addition on a slab foundation in the Upland Review Area in an existing yard involving minimal excavation because of existing grades and frost wall.  The Owner described the wetlands as a wooded area with no water courses; the roof design allows storm water to be dispersed in the existing yard area away from the wetlands; silt fence would be in place throughout the project.  The Owner showed the Commissioners a photo of the existing stone wall, proposed addition space and extent of the green yard; Town Staff suggested pushing the rock wall back to demarcate the yard in back of the house.  The Owner proposed beginning construction in the drier September time period with excavation depth limited by the frost wall, but it may be done in October.  Regarding the type of equipment used and access to the back of the property, the Owner showed the Commissioners a layout of the existing rock driveway which allows easy access to the rear for large equipment, but because of limited excavation he expects equipment to be small.  Town Staff confirmed that a new section of rock driveway would also be in the URA.  Town Staff noted existing propane tanks approved by the Commission a few years ago would need to be relocated; the Owner added a generator on a pad would also be relocated, under the Code, at 18-24 inches from the back of the home in back with the conduit run above ground; and the propane tanks on pads would be located further back next to the garage.   Regarding further clearing, the Owner indicated that would be minimal with about 2 trees removed and the rock wall straight across to demarcate the back yard from the wetlands; currently, the yard is mowed grass and will become somewhat smaller.

 

Commissioner Sexton made a motion that this is a regulated activity because there will be construction within the Upland Review Area.

 

Commissioner Spaulding seconded the motion, and it was passed unanimously.

 

Commissioner Sexton made a motion that this is not a significant activity because the Commission does not anticipate there will be any direct impact on the wetlands and the activity can easily be contained within the existing yard area.

 

Commissioner Spaulding seconded the motion, and it was passed unanimously.

 

Commissioner Sexton made a motion the Commission approve the Application suggesting the Applicant stick to their timing of late summer/early fall and any of the other recommendations by Staff counsel.

 

Commissioner Spaulding seconded the motion, and it was passed unanimously.

 

6.         Application #15-26 of Town of Simsbury, Owner; for construction of a 1 1/2" diameter low pressure sanitary force main across a wetland and watercourse on the property located at 42 Long View Drive (Assessor's Map C13, Block 301, Lot 018) and Town Forest Park (Assessor's Map D14, Block 318, Lot 009AA). Zone R-40. (received 07/07/2015; decision must be rendered by 09/10/2015)

 

Application #15-26 was read into the record.

 

Town Staff reviewed that the Public Works facility on Town Forest Road is not currently connected to a sanitary sewer; as an industrial site, it is critical to operations that they connect to a sanitary sewer.  Town Staff proposed the best route is through open space coming out onto Long View Drive; a 1 1/2-inch forced main runs up to the property; the installation began a few years ago and was stopped to go through this process.  Town Staff indicated the construction effort would take about 2 days and they would like to begin next month in order to complete the work before winter; equipment would include a track mini excavator and narrow bucket about 1-foot wide; they would like flexibility to move the route for the 1 1/2-inch main which bends/curves so they can avoid mature trees and pick the driest/easiest section.  Town Staff noted the work would be done in accordance with DEEP using industry best practices working closely with Town Staff utilizing one of their contractors.

 

Commissioner Rieger made a motion that this is a regulated activity as it involves construction and excavation in a wetland.

 

Commissioner Cunningham seconded the motion, and it was passed unanimously.

 

Commissioner Rieger made a motion that it is not a significant activity because the impact will be minimal and carefully managed and involve current restoration as it progresses.

 

Commissioner Cunningham seconded the motion, and it was passed unanimously.

 

Commissioner Rieger made a motion to grant the permit, as requested, subject to this Commission's Staff keeping an eye on the project as it progresses and that the activity occur within a dry time.

 

Commissioner Cunningham seconded the motion, and it was passed unanimously.

 

6.        Application #15-11 of Daniel and Rebecca Moran, Owners, for the clearing, grading, and installation of a lawn irrigation system within 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 is tabled.

 

 

V.        RECEIPT OF NEW APPLICATIONS

 

Town Staff reviewed 3 new Applications received, including:  1)  #15-27 for 560-564 Hopmeadow Street in the URA; 2) #15-28 for 32 Pine Glenn for an addition to a house; and 3) #15-30 for 87 Riverside Road to stabilize the river bank and stone steps directly on the Farmington River.

 

           

VI.       CORRESPONDENCE/ANNOUNCEMENTS

 

Town Staff noted a Tuesday, 8/4/2015 6 p.m. site walk is planned and will be advertised to the public along with email reminders to the Commissioners along with a  history report of the activities on the east side of Iron Horse Boulevard.

 

Commissioner Cunningham made a motion on behalf on the Commission to thank Margaret Sexton for 10 years of dedicated service and to thank her family for allowing her to be with us all that time - she will be missed.

 

Chairperson Winters seconded the motion, and it was passed unanimously.

 

 

VII.     APPROVAL OF MINUTES of July 7, 2015 Regular Meeting

 

Chairman Winters accepted the July 7, 2015 minutes, as written.

 

 

VIII.    ADJOURNMENT

 

Commissioner Sexton made a motion to adjourn the meeting at 8:55 p.m.

 

Commissioner Purciello seconded the motion, and it was passed unanimously.