Conservation Commission / IWWA Minutes 10/03/2017

Meeting date: 
Tuesday, October 3, 2017

 

Subject to Approval

Town of Simsbury

Conservation Commission/Inland Wetlands & Watercourses Agency

REGULAR MEETING MINUTES

Tuesday, October 3, 2017 at 7:30PM

Simsbury Town Offices – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

 

PRESENT:   Margery Winters, Jason Levy, Craig MacCormac, James Morrison, Donald Rieger, and           

                         Alternate Charles Haldeman; Assistant Town Planner Michael Glidden.

 

ABSENT:    Alternate Donna Beinstein.

 

I.  CALL TO ORDER:

The meeting commenced at 7:30PM.

 

II.  ROLL CALL:

1.  Appointment of Alternates.

Noting the recent resignation of Darren Cunningham as a commissioner, Mr. Haldeman was seated as a regular member.     

 

III.  ELECTION OF OFFICERS:

1.  Election of Vice Chairman.

Nominations were received by Chairwoman Winters for Vice Chairman.  Mr. Morrison was nominated.  The Commission unanimously elected Mr. Morrison as Vice Chairman of this Commission.

 

IV.  PUBLIC HEARING:

1.  None.

 

V.  OLD BUSINESS:

1.  Applications:

A.  Application #17-17 of Richard Marker and Grant Smith, Owners; for the installation of an in-ground pool in the upland review area to a wetland on the property located at 12 Pine Glen Road (shown on the Assessor’s Maps as Map D16, Block 204, Lot 005). Zone R-40.

Richard Marker appeared before the Commission regarding this application.  He explained that the excavation is minimum in that the maximum depth for the proposed fiberglass pool is five feet.  Mr. Marker explained that the wetlands are uphill from the residence and the proposed location of the pool.  He noted that the excavated material will be hauled away.  Mr. Glidden explained that the dimensions of the pool are 12’x26’ with a five-foot perimeter of concrete decking around. 

 

MOTION:  Mr. Haldeman, Mr. Rieger second, that the Commission finds this to be a regulated activity because the proposed construction is within an upland review area; unanimously approved. 

 

MOTION:  Mr. Haldeman, Mr. Rieger second, that the Commission finds this to not be a significant impact activity because the work involves a small amount of material that will be hauled away; unanimously approved.

 

MOTION:  Mr. Haldeman, Mr. Rieger second, to approve Application #17-17 of Richard Marker and Grant Smith, Owners; for the installation of an in-ground pool in the upland review area to a wetland on the property located at 12 Pine Glen Road (shown on the Assessor’s Maps as Map D16, Block 204, Lot 005). Zone R-40, subject to the following standard and special conditions:

1.  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.

2.  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 the clearing of the property.

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

4.  Approval is not for any filling or grading within mapped wetland soils.  Soil from pool’s excavation is not to be placed in southeastern corner of property.

5.  If the applicant wishes to use fill from pool’s excavation, then applicant needs to develop a grading plan for the site.  Any filling and grading within mapped wetland soils will need approval from the Commission.

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

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

8.  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.

9.  Erosion control and soil measures shall comply with the approved plans and the guidelines as established in the Connecticut Guidelines for Soil Erosion and Sediment Control, 2002, CTDEP Bulletin 34.

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

 

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 #17-18 of Gerard Toner, Director, Town of Simsbury Culture, Parks and Recreation, Applicant; Town of Simsbury, Owner; for regrading of the fifth hole green complex at Simsbury Farms on the property located at 100 Old Farms Road. Zone R-40.

Culture, Parks and Recreation Director Gerry Toner, accompanied by Simsbury Farms Golf Course Superintendent Mike Wallace, appeared before the Commission regarding this application.  Mr. Toner explained that two greens were identified as needed a redesign with this application concerning the second of the two.  He explained that the placing of the rocks in the retaining wall would occur this winter.  It was noted that the pond at this location is controlled through the irrigation system and would need to be dropped about a foot or foot and a half.  It was pointed out that a project last year included a recommendation that rocks brought in be washed in order to avoid shedding silt.

 

MOTION:  Mr. Rieger, Mr. Haldeman second, that the Commission finds this to be a regulated activity because the proposed construction is within an upland review area; unanimously approved. 

 

MOTION:  Mr. Rieger, Mr. Haldeman second, that the Commission finds this to not be a significant impact activity as it involves no real disturbance of the pond or any threat to erode wetlands and water courses; unanimously approved.

 

MOTION:  Mr. Rieger, Mr. Haldeman second, to approve Application #17-18 of Gerard Toner, Director, Town of Simsbury Culture, Parks and Recreation, Applicant; Town of Simsbury, Owner; for regrading of the fifth hole green complex at Simsbury Farms on the property located at 100 Old Farms Road. Zone R-40 subject to the following standard and special conditions:

SPECIAL CONDITIONS:  WALL CONSTRUCTION

1.  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.

2.  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 start of site work improvements.

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

4.  Changes to construction or location of the wall require authorization from the Conservation Commission prior to implementing said changes in the field.

5.  Approval for wall construction is only valid for one calendar year (expiration date is 9/18/2018).

6. Boulders that are brought into the site be washed before. 

SPECIAL CONDITIONS:  GREEN COMPLEX RECONSTRUCTION

1.  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.

2.  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 start of site work improvements.

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

4.  Changes to the grading plan, drainage location, or bunker location shall require approval from the Conservation Commission prior to implementing in the field.

5.  Approval for filling and grading associated with the green complex, bunker construction, and drainage improvements will not require work within mapped inland wetland soils.  Working in areas which are mapped as inland wetland soils in relation to these activities will be considered a violation of this approval and subject to immediate enforcement action by the Conservation Commission.

6.  Approval for site work associated with the green complex is valid for five (5) years.

STANDARD 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.

3.  Erosion control and soil measures shall comply with the approved plans and the guidelines as established in the 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.

 

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 #17-19 of Ed and Julie Lebo, Owners, for the construction of an addition to the existing residence within the upland review area to a wetland on the property located at 24 Old Farms Road (shown on the Assessor’s Maps as Map C10, Block 101, Lot 008B). Zone R-40.

Ed and Julie Lebo appeared before the Commission regarding this application. She explained that the plans include the removal of eight trees including one in the wetlands as it sits in the middle of the yard.  Ms. Lebo noted she would like it removed for aesthetic reasons.  It was also noted that the wetland line was not delineated by a wetlands scientist but was instead shown by a GIS overlay to a survey.  The applicant testified that the area is not typically wet as the property drains very well after a heavy rain.  It was noted that the existing slope of the property will continue. 

 

MOTION:  Mr. Rieger, Mr. Haldeman second, that the Commission finds this to be a regulated activity because the proposed construction is within an upland review area; unanimously approved. 

 

MOTION:  Mr. Rieger, Mr. Haldeman second, that the Commission finds this to not be a significant impact activity as it involves no real disturbance of the wetland or endangerment of the wetland; unanimously approved.

 

MOTION: Mr. Rieger, Mr. Haldeman second, to approve Application #17-19 of Ed and Julie Lebo, Owners, for the construction of an addition to the existing residence within the upland review area to a wetland on the property located at 24 Old Farms Road (shown on the Assessor’s Maps as Map C10, Block 101, Lot 008B). Zone R-40, subject to the following standard and special conditions:

1.  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.

2.  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 start of site work improvements.

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

4.  Approval does not require filling or grading of areas which are mapped as inland wetland soils.  Filling and/or grading beyond the approved limits of disturbance will be considered a violation of approval and subject to an immediate enforcement action.

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

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

7.  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.

8.  Erosion control and soil measures shall comply with the approved plans and the guidelines as established in the Connecticut Guidelines for Soil Erosion and Sediment Control, 2002, CTDEP Bulletin 34.

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

 

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.

 

D.  Application #17-20 of Sunlight Construction, Inc., Owner, for modifications to Application #15-35 Erosion and Sediment Control Plan for 42/54 Hoskins Road (Assessor’s Map H05, Block 403, Lot 005) and Application #15-36 Erosion and Sediment Control Plan for 22 Hoskins Road (Assessor’s Map H05, Block 403, Lot 021-A). Zone WHOZ.

Bill Ferrigno of Sunlight Construction appeared before the Commission regarding this application.  He explained that a modification is being sought relative to the grading conditions included as part of the Zoning Commission approval.   Mr. Ferrigno explained that there was a mistake in sequencing with the project and in order to correct it, a modification approval from this Commission is a necessary prerequisite to modification approval from the Zoning Commission.   The slope that will be regraded is in the furthest point of the site.  Mr. Glidden reported that there are financial sureties in place in the event that the entire project is not completed.

 

MOTION:  Mr. Rieger, Mr. Haldeman second, to approve a revised erosion and sediment control plan finding that the proposed modification of erosion and sediment control plan for 22/42/54 Hoskins Road meets the standards and guidelines contained within the Connecticut Guidelines for Soil Erosion and Sediment Control, 2002, CTDEP Bulletin 34 and meets the standards of Chapter 128 of the Town Code,

Subject to the following condition:

1. Building Permits SF-7 through SF18 may not be issued prior to the stabilization of the adjacent slope until regrading of the slope on the western edge of the project is graded and determined to be stable by the Design Engineer; unanimously approved.

 

V.  NEW BUSINESS:

Mr. Glidden reported that two new applications have been received for a residential home and for an addition to St. Mary’s Church.

 

 

 

VI.  GENERAL COMMISSION BUSINESS:

1.  Approval of the Minutes of the September 5, 2017 Special Meeting. 

The August 1, 2017 Minutes were accepted, noting the abstention of Mr. Rieger.

 

2.  Review and possibly take action on Conservation Commission/IWWA 2018 Meeting Schedule.

No business discussed, as it was noted that this matter was dispensed previously.

 

3.  Forestry Management.

It was noted that goals relative to Forestry Management will be discussed at a later date.  Correspondence were discussed regarding forestry management including a two-page correspondence dated September 20, 2017 from Sue Brachwitz, a document from Connecticut Forest and Parks and a document from Old Growth Forest Network. 

 

Management strategies was discussed as something that the Commission will review.  It was noted that the management strategies will flow from the goals of the Commission.

 

It was suggested that the Commission invite Connecticut Forest & Park Association Executive Director Eric Hammerling to their next meeting.

 

VII.   ADJOURNMENT:

MOTION:  Mr. Haldeman, Mr. Rieger second, to adjourn at 9:13PM; unanimously approved.

 

Respectfully submitted,               

               

Pamela A. Colombie      

Commission Clerk