Conservation Commission / IWWA Minutes 09/01/2015
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
Subject to Vote of Approval
SEPTEMBER 1, 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 Andrew O'Connor, Patrick Spaulding, Jim Morrison, Donna Beinstein, and Donald Rieger. Also present were Michael Glidden, Assistant Town Planner; Janis Prifti, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairperson Winters seated Commissioner Morrison for the Commission vacancy and Commissioner Beinstein for Margaret Sexton.
III. ADMINISTRATIVE APPROVALS
Town Staff noted an underground tank removal on Farms Village Road across from Tulmeadow Farm Store within 100 feet of wetlands; therefore, Staff contacted the Chair and due to the separation distance between the tank and activities, authorization was granted. Staff is awaiting receipt of the final Closure Report.
IV. DISCUSSION AND POSSIBLE ACTION
1. Application #15-27 of Bislim (Benny) Gjonbalaj, Owner; for oil tank removal and sewer replacement in the upland review area to a wetland on the property located at 560-564 Hopmeadow Street (Assessor's Map G12, Block 132, Lot 036). Zones B-1. (received 07/21/2015; decision must be rendered by 09/24/2015)
Application #15-27 was read into the record.
The Owner explained they would like to perform the 1000-gallon oil tank removal as soon as possible; they previously connected to natural gas. Town Staff indicated the tank is close to the building and the closest area of disturbance relates to the utility connection, so this is being handled as one Application. The 08/27/2015 Staff Report provided to the Commissioners outlined recommended conditions; activity would be limited to repair of an existing sewer line and no filling and grading beyond the utility trench; the only caveat would be if any oil tank leakage is found, a licensed professional (LEP) would be contacted which could change the scope of work and Staff would inform the Commission of the change and potential remediation. Town Staff indicated if there is leakage, the LEP is required to contact DEEP with their recommendation and to file a final report. The Owner indicated the tank is believed to be behind the building adjacent to the stairs in the southeast corner, as shown in Exhibit 7. The Commissioners noted an LEP or their delegate being onsite is standard industry practice.
Regarding the extent of excavation, the Commissioners noted there is no requirement to excavate the soil at the time leakage/pollution is found which could be a problem; the Transfer Act would likely not be triggered by a heating oil contract. The Commissioners discussed whether granting a permit would allow an open-ended scope of excavation if a problem were found; Town Staff noted while the Owner is not legally required to excavate at the time pollution is found, the Commission could limit approval to only tank removal and a follow up with the Commission required regarding remediation. Town Staff indicated there is a sliver of wetland soil on the property border due to a State drainage swale on the adjacent 556 Hopmeadow Street property and then the stream starts. The Commissioners discussed approving tank removal and cleanup under the condition of Staff monitoring acceptability to the Commission, and if significant issues arise, the Applicant would return to the Commission. Town Staff's recommendations include a follow-up report. Town Staff noted the area around the tank has 40 feet of pavement and 40 feet of grass. The Owner indicated the contractor performing the work is on the Town list of approved contractors.
Commissioner Morrison made a motion that this is a regulated activity because the proposed activities will be within 100 feet of a mapped wetland.
Commissioner Rieger seconded the motion, and it was passed unanimously.
Commissioner Morrison made a motion that it is not a significant activity because the work area will be well away from actual wetlands and there is little reason to think there will be direct impact to the wetlands.
Commissioner Rieger seconded the motion, and it was passed unanimously.
Commissioner Morrison made a motion to approve the Application with conditions:
1) That Town Staff be on site during the removal of the oil tank;
2) That the Applicant will employ an LEP to oversee the work, either directly or an agent for the LEP;
3) That any excavation related to the removal of the oil tank will continue with the approval of Town Staff;
4) That the Applicant will provide the Conservation Commission with a copy of the Close Out Report or Mitigation Plan for the tank removal;
5) That the Applicant will notify the Conservation Commission's agent at least 48 hours prior to commencement of any regulated activity;
6) That final stabilization of the disturbed soil areas shall be with the application of loam, seed, required plantings, and appropriate erosion control measures;
7) That at all times during site work and until soil areas are stabilized, the Applicant shall install and maintain erosion and sedimentation 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 to wetlands and water courses;
8) That Erosion control and soil stabilization measures shall comply with the approved plans and the guidelines established in the Connecticut Guidelines for Soil Erosion and Sediment Control, 2002, CTDEP Bulletin 34; and
9) That upon direction of the Commission's agent, erosion and sediment control measures shall be removed by the Applicant following stabilization of the site.
Commissioner Rieger seconded the motion, and it was passed unanimously.
2. Application #15-28 of Puida Builders, Applicant; Chris and Sue Eberly, Owners; to construct a 19'x22' addition to the residence in the upland review area to a wetland on the property located at 32 Pine Glen Road (Assessor's Map D16, Block 204, Lot 012). Zone R-40. (received 07/21/2015; decision must be rendered by 09/24/2015)
Application #15-28 was read into the record.
The Builder presented a layout of the property to the Commissioners indicating an existing 12'x19' deck would be removed and replaced with the 19'x22' addition, there would be no change to grading and material removed would be trucked off site, silt fence would be placed around the project perimeter during construction, and a future patio on grade was included in the Application. The Builder provided the Commissioners with photos of the back yard where the addition would be located. Town Staff indicated the patio size was unknown and the Builder confirmed it was not yet known, but it would utilize permeable pavers and be accessed from a walkout basement. The Builder noted it would be a 1 1/2-story addition, including deck.
Regarding the subdivision preceding the regulations and the house being built later, Town Staff explained once Inland/Regulations were passed, some pre-approved pre-existing subdivision areas had houses built later, e.g. in the early '90's, and this house falls into that category. Regarding the spread of roof water, the Builder indicated there would be gutters to downspouts with the water absorbed by the lawn, as only a small amount of roof is being added. Regarding soil stockpiling, the Builder indicated silt fence would surround temporarily stored soil in the grass behind the garage, and each day it would be trucked off site; the Commissioners were shown the well location in the side yard about 40-feet from the addition. Regarding involvement of a soil scientist, Town Staff noted because they are located in a flood zone, they are limited to structural fill around the foundation with no filling and grading permitted, which is why the contractor will remove excess fill from the site; and from a storm water management perspective, there is minimal impact from the addition of the small roof area with the lawn able to handle that additional runoff. The Commissioners noted the area is pretty wet with poor infiltration; and the Builder proposed bringing runoff as close to the ground as possible to prevent erosion. The Commissioners discussed the need to determine a maximum patio size; the Owner agreed to keep it under 400 feet, as cost would limit its size anyway.
Commissioner Rieger made a motion the Commission find this is a regulated activity as it involves construction in a wetland.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that it is not a significant activity, although it involves destruction of wetlands, it is a small amount and facts indicate the impact is constrained to the location of the building and should not be detrimental to the surrounding wetlands.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion to grant the requested permit, including a patio not to exceed 400 sq. ft., and that the Application otherwise be subject to the conditions cited in Staff's 08/20/2015 memorandum, and that the patio be pervious pavers.
Commissioner Morrison seconded the motion, and it was passed unanimously.
3. Application #15-30 of Susan Olson, Owner, to stabilize the river bank of the Farmington River and install stone steps on the river bank in the upland review area to a wetland on the property located at 87 Riverside Road (Assessor's Map H11, Block 104, Lot 001). Zone R-15. (received 07/21/2015; decision must be rendered by 09/24/2015)
Application #15-30 was read into the record.
The Owner explained her concern that developed over the last year regarding river bank erosion partly caused by foot traffic and proposed stabilizing the bank and beautifying the area which would also complement the Flower Bridge.
The soil scientist provided the Commissioners with an aerial map of 87 Riverside Road and described the surrounding area, including the Hopbrook tributary flowing to the Farmington River. The scientist indicated the area has exposed soil and roots as shown in the exhibits provided; in A-1, two orange dots note fencing intended to keep people off the bank to prevent further erosion. The scientist noted their research of potential activities that could be causing erosion and determined it was people having easier access to exit the river with sandy soil and tree roots providing a ladder out of the river; foot traffic has compacted and destabilized the sandy, fragile, loose, very erodible Connecticut wetlands soil. The scientist noted the project is also located in the FEMA floodplain; placement of stairs in the area is no longer being considered.
The scientist proposed stabilizing the 1:1 slope using an erosion control blanket and provided the Commissioners with a spec sheet for a jute mesh/straw fiber blanket which is 100% biodegradable and very flexible so it can be tucked around the roots and in about 18 months will biodegrade; anchoring the blanket could be done with either long metal staples or plastic plugs/pins; and the bank would be accessed for this work by a ladder, not by machinery. The scientist explained tubling plants result from a rooted Dogwood or Willow cutting and have a 2-3 inch root ball at the surface tapering down 4-6 inches with the actual tubling about 8-18 inches; the tubling is installed through a cut section in the blanket using a wooden stake/dowel pounded into the soil with a hammer to get a hole wide enough for the tubling which is packed with soil and held in place with the cut blanket flaps stapled and wrapped around it. The scientist added that native herbaceous plants would also be used, including Wood Asters and Dogwoods. The scientist indicated the tubling work would need to be done by late September/early October. If the project were pushed into November/December, the scientist noted an alternative method to tublings would be live stakes which come from a Dogwood or Willow plant after they lose their leaves in late October/November taking a 1 to 1 3/4-inch diameter, 2-3 foot Dogwood/Willow segment stem with at least 4 apical bud stars above and 4 below, and plant them similar to the tublings, so that the bud stars below the soil grow roots and the bud stars above the soil grow leaves; however, live stakes have a high mortality rate so tublings planted now would be preferred.
The scientist indicated the 2nd part of the project would be re-establishing the native riparian buffer zone utilizing dense native plants adapted to the dry site soils. The owner confirmed her property was less than 4 acres; the Commissioners discussed Section 4.1.d of the regulations and whether the work would be an as of right activity not requiring a permit, unless it involves a significant amount of material being removed/deposited from or into a wetlands or watercourse. Town Staff looked at it from an erosion/sediment control perspective and believed it to be a regulated activity involving about 30 linear bank feet with another area already having saplings and vegetation developing. The Commissioners noted the Owner is employing a soil scientist and working to perform erosion activities correctly to speed up the natural process; an option of installing a temporary fence to keep deer at bay until plants are established was discussed, and to discourage foot traffic in this area. The Commissioners noted that the Town's recent Hudson property purchase on the other side of the river could provide a location for less harmful river access, but there are also recommendations for plantings to protect the Hudson property river bank. The Commissioners commented that this Application is for a thoroughly commendable project.
Commissioner Rieger made a motion that this is a regulated activity in that it involves deposition of material in the wetland and upland review area.
Commissioner Beinstein seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that this is not a significant activity as it involves no discernible adverse impact on the wetlands.
Commissioner Beinstein seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion to grant the permit with the conditions, which are cited in Staff's 08/27/2015 memorandum.
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 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)
5. Discussion regarding the 08/04/2015 SPECIAL MEETING Site Walk on the properties located at: 28 Iron Horse Blvd. (Assessor's Map H09, Block 226, Lot 003B), Hopmeadow Street (Assessor's Map H09, Block 226, Lot 005), Hopmeadow Street (Assessor's Map H09, Block 226, Lot 004), Hopmeadow Street (Assessor's Map H09, Block 226, Lot 003), 22 Iron Horse Blvd. (Assessor's Map H09, Block 226, Lot 003A), Hopmeadow Street (Assessor's Map H09, Block 226, Lot 003C), Hopmeadow Street (Assessor's Map H10, Block 226, Lot 002), 36 Drake Hill Road (Assessor's Map H11, Block 226, Lot 001-1A).
The Commissioners will bring questions for discussion at the next meeting and the Agenda will reflect discussion of the questions.
Commissioner Spaulding made a motion to Table.
Commissioner O'Connor seconded the motion, and it was passed unanimously.
V. RECEIPT OF NEW APPLICATIONS
1. Application #15-32 of Daniel and Rebecca Moran, Owners, for a Wetlands Map Amendment to a wetland on the property located at 19 Talcott Mountain Road (Assessor's Map I12, Block 109, Lot 011). Zone R-80. (received 09/01/2015; public hearing must be opened by 11/15/2015)
Town Staff noted Application # 15-32 will be on next meeting's Agenda, as well as a Public Hearing.
2. Application #15-33 of Leonard and Mary Melanson, Owners, to construct a 24'x30' garage on concrete piers in the wetland on the property located at 10 Paine Road (Assessor's Map C18, Block 606, Lot 052). Zone R-25. (received 09/01/2015; decision must be rendered by 11/05/2015)
Town Staff indicated Application #15-33 would be for a detached garage.
Also, Town Staff noted a deck replacement for 28 Woodhaven; 2 erosion/sediment control plans for 4254 and 22 Hoskins Road associated with a Workforce Overlay Housing zone change application going to the Zoning Commission for an 88-unit development; and from the Engineering Department a sewer crossing at Grimes Brook for properties at 1, 3, 5, 7, and 9 Russell Lane.
Town Staff noted that both activities for 19 Talcott Mountain Road will be on next meeting's Agenda
VI. CORRESPONDENCE/ANNOUNCEMENTS
1. Fuss & O'Neill Groundwater Monitoring Summary Report - Post-Soil Removal Groundwater Monitoring Program, Hoskins 7, Parcel 3 East - Meadowood Development
Town Staff noted the Groundwater Monitoring Report regarding the Hoskins area of soil removal has been forwarded to the Commission.
Town Staff noted two upcoming trainings: 1) the Commissioners were provided information on the upcoming CACIWC all-day Saturday meeting and requested an email from those interested in attending; and 2) DEEP soil training to be held in Burlington and limited to 35 spaces - Staff requested an email by Friday from those interested in attending.
VII. APPROVAL OF MINUTES of the July 21, 2015 Regular Meeting and August 4, 2015 Special Meeting
July 21, 2015 Regular Meeting Minutes:
Chairman Winters accepted the July 21, 2015 minutes, as written.
August 4, 2015 Special Meeting Minutes:
On Line 11, the spelling of "Andrew O'Conner" is corrected to "Andrew O'Connor".
Chairman Winters accepted the August 4, 2015 minutes, as amended.
VIII. ADJOURNMENT
Commissioner Spaulding made a motion to adjourn the meeting at 8:45 p.m.
Commissioner O'Connor seconded the motion, and it was passed unanimously.