Conservation Commission / IWWA Minutes 10/04/2016
CONSERVATION COMMISSION/INLAND WETLANDS
AND WATERCOURSES AGENCY MINUTES
OCTOBER 4, 2016
REGULAR MEETING MINUTES
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. Also present were Michael Glidden, Assistant Town Planner; Janis Prifti, Commission Clerk; and other interested parties.
II. ROLL CALL
Commission Members and alternates in attendance were: Darren Cunningham, Charles Haldeman, Jason Levy, Jim Morrison, Donna Beinstein, and Donald Rieger.
1. Appointment of Alternates
Chairperson Winters appointed Commissioner Beinstein to serve for Craig MacCormac and Commissioner Haldeman to serve for Andrew O’Connor.
III. APPLICATIONS
1. Old Business
a. Applications:
i. Application #16-21 of Alice M. Yokabaskas, Owner, for a 2-lot re-subdivision of the property located at 224 Old Farms Road (Assessor’s Map C05, Block 301, Lot 008A). Zone R-40. (received 09/06/2016; decision must be rendered by 11/10/2016)
Chairperson Winters read Application #16-21 into the record.
Brian Denno of Denno Land Surveying indicated the Applicant has received approval from FVHD. He noted the Applicant’s 5.8-acre site on the east side of Old Farms Road with existing house and barn at #224; they propose constructing a new home on 2.8 acres and leaving 3.3 acres for the existing house. He described the property as having a wetlands in front providing storm water retention on the south side, following a road ditch, a small manmade wetlands in the southeast corner, and wet woods to the north. He indicated their plan to place the house in the back with a driveway and septic in front served by public water; the closest intrusion to the wetlands would be a footing drain. He noted discussions with Town Staff regarding prudent and feasible alternatives led them to go with two separate driveways, rather than a shared driveway.
Commissioner Rieger asked about the amount of clearing done. Mr. Denno responded there was concern by Town Staff regarding clearing done and that the house occupant cut down the ferns and poison ivy in front of the pond due to his young children about 5-10 feet from the wetlands, and they are willing to put some plantings in the area; photos were provided of the area. Mr. Denno indicated Tom Pietras marked the wetlands and provided a descriptive memo. Commissioner Morrison asked if the pond was stream fed; Mr. Denno indicated it is street drainage with a pipe under the driveway; the Applicant’s daughter, Carol Yokabaskas grew up there and recalled that the pond was stream fed until the Town put in a culverts closing it off and it is now fed from a swampy area that runs into a culvert, a pipe, and into the pond, with the elevation controlled by weir. Ms. Yokabaskas, who grew up on the property, confirmed the pond has never overflowed, has a dam at one end, and usually holds water year round. Commissioner Rieger commented that the cutting done did not appear to be clear cut or a prohibited activity, and it is preferred not to have grass down to the pond but instead to have the filtration of rougher vegetation. Mr. Denno provided the Commissioners a 2009 CCROG photo showing the water and grass up to the pond. Mr. Denno reiterated the concern about the pond is that the Applicant cut in a regulated area without a permit and they will not change the water flow into the existing pond. Mr. Denno confirmed the Applicant is familiar with and finds acceptable the Special and Standard Conditions contained in the Staff Report.
Commissioner Rieger made a motion that this is a regulated activity as it involves construction in the Upland Review Area.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that this is not a significant activity as it does not involve any apparent impact upon the wetlands.
Commissioner Levy seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that the Commission approve the Sedimentation and Erosion Control Plan for this property, and further that it grant the requested permit subject to the Special and Standard Conditions embodied in the 10/04/2016 Staff Report.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
ii. Application #16-24 of Rick Wagner, Agent; Richard D., Jr. and Madeline F. Wagner Special Trustees, Owner; for review of wetlands disturbances from the proposed 7-lot re-subdivision of the properties located at 152 Old Farms Road (Assessor’s Map C07, Block 303, Lot 010), Old Farms Road (Assessor’s Map C07, Block 303, Lot 009B), and Old Farms Road (Assessor’s Map C07, Block 303, Lot 001). Zone R-80. (received 09/20/2016; decision must be rendered by 11/24/2016)
Chairperson Winters read Application #16-24 into the record. Chairperson Winters and Commissioner Rieger recused themselves; Vice Chairman Cunningham chaired the discussion.
Terri-Ann Hahn of LADA, P.C. represented the Applicant describing the property on Old Farms Road opposite Joshua Lane as comprised of 3 parcels, which would be joined and then re-subdivided into a 7-lot subdivision with a proposed Town road; the property includes an existing house, driveway, septic, fields, and wooded areas; overall, there is a power line and Hall Farm to the north, Wagner Woods nearby, Covenant Church-owned property to the southeast; existing residences on either side, and the Joshua Lane development opposite; drainage from center site high points would be toward Old Farms Road in 2 directions, and none toward the east.
Kate Bednaz, Professional Wetlands and Registered Soil Scientist, reviewed the site has 2 wetlands areas. She indicated the 1st wetland area of about 10,154 sq. ft. does not continue further along as originally thought due to sandy soils pulling it in; she believes there is generally standing water in the spring but has not seen it, and flows would go underneath the roadway and continue to intermittent channels. The 2nd wetland of about 1,892 sq. ft. to the north comes onto the property and has a coniferous canopy with limited understory and continues off property to the north. She noted a swale feature where a lot of auger testing was done to confirm there were no wetland soils; and the upland review area is associated with the 2 wetlands.
Ms. Hahn showed the Commissioners a layout of the existing drive which would become the Town road entrance creating a sense of community with lots conforming to subdivision requirements, and maintaining property attractiveness. She added the existing house would remain and the road worked around it and the natural features. Ms. Hahn indicated the URAs are about 47,000 sq. ft. in the southern area and about 26,000 sq. ft. in the northern area; the proposed project would disturb about 25,420 sq. ft. of URA, primarily due to the proposed road and detention basin. Therefore, she indicated they propose using the existing drive location to not further disturb wetlands areas; the detention basin low point would collect as much storm water as possible from the proposed Town road. Ms. Hahn indicated there would be an additional 100 sq. ft. of URA disturbance associated with the septic system off Lot 1A; they provided a letter from FVHD regarding the proposed septic systems for the project. Mrs. Hahn noted they provided Erosion Control Plans for the project and following receipt of comments from Mr. Glidden will modify the Plan on an additional sheet for the Town road.
Ms. Bednaz believed the project size would work well for this site with the proposed wider road entering in the same location as the existing driveway, and the largest area of impact involves grading on the road sides and for the basin interior, and noted areas adjacent to the wetland that will not be removed. She indicated straw bales would be used, if possible. Regarding plantings, Ms. Bednaz noted tree lined areas, woody vegetation, and areas that remain providing an enhanced meadow habitat for ecological interaction among forested, open, and meadow areas; she recommended using a high-quality seed mix for the detention basin, side slopes, and surrounding area with a heavy flower component at the entrance that could be easily maintained every fall. She noted silt fence would be added in the roadway and wetland area and all erosion barriers would remain in place until stabilization is achieved with 80% vegetative cover in the contributory area. She indicated there would be very little disturbance in the URA with the tree line continuing beyond the URA; check dams in place along the roadway; a construction entrance/exit for each house to limit road sediment, and limited areas opened at any one time. Overall, she felt the proposed project feasible in terms of maintaining the functions/values of the existing wetlands and providing balance to the area.
Commissioner Haldeman asked for clarification regarding the timing of road construction vs. individual house construction and the effect on wetlands. Mr. Glidden noted concern regarding the 35-foot grade difference between the cul de sac and Old Farms Road, which is a significant area to be graded, etc., and the sensitivity of having that road completed in a timely manner (Phase 1) is key to the project; he has requested Ms. Hahn show in the E&S Plan the road construction independent of lot development in order to limit areas opened up to exposed soil with roads built, and storm water system and basins constructed because the total area of disturbance for this sub-division is greater than 5 acres, which is a larger area of disturbance than previously discussed for this project and requires a storm water permit from DEEP. Ms. Hahn added that is because DEEP requires inclusion of disturbance for each lot, with the storm water permit remaining open until all lots are completed, even though 6.9 acres would not be disturbed at any one time. Ms. Hahn noted the only hesitation about putting the road in first is that if grading associated with the existing house and the road were done at the same time, it could minimize grading; Mr. Glidden responded that should be illustrated clearly on the phasing plan. Mr. Glidden noted the Commission’s dual role as the Inland/Wetlands Agency and also as the Conservation Commission with discussion needed about open space. Ms. Hahn noted this parcel is isolated from the Wagner Woods area and proposed a Fee in Lieu of open space. Commissioner Morrison asked whether consideration was given to moving the detention basins a little further from the wetlands. Ms. Hahn responded they looked at many alternatives, but given the proximity of the adjacent property owner they found putting a house between their house and the road would result in a house closer to wetlands; there are no structures near the URA due to road configuration; the function of the detention basin is to hit the lowest spot possible in compliance with subdivision regulations and the proposed design provides a short distance to a swale, and then to a pipe with treatment prior to discharge into wetlands; there would be grading uphill of the wetlands with a small berm and vegetation remaining intact; Ms. Bednaz noted the area between the wetland boundary and silt fence at about 40 feet; Ms. Hahn indicated they had to show no increase in peak flow to meet subdivision regulations; Ms. Bednaz added the area would be easy to maintain by the Town from the roadway under an associated easement to be developed. Commissioner Morrison asked how much material would be brought in? Ms. Hahn believed the project would be pretty balanced; individual lots should provide limited material for grading around houses with the Health Department having fill requirements to be met; the detention material might be transported offsite given the small berm.
Mr. Glidden added that the Applicant is working to provide additional information and suggested the Commission discuss whether a Public Hearing is required. Chairman Cunningham noted that a Public Hearing could be held under Section 9 of regulations with a decision to be rendered by 11/24/2016 and noting the Applicant could grant a 65-day extension. Commissioner Morrison believed a Public Hearing is justified given the development backs up to Wagner Woods and abutters may have comments regarding Fee in Lieu of open space vs. a conservation easement vs. a land donation; Town Staff confirmed those options could also be discussed at a Public Hearing, and 11/01/2016 is the earliest it could be scheduled in order to meet statutory notification requirements. Ms. Hahn indicated they would like to not have a Public Hearing, but understood the comments expressed. Mr. Glidden confirmed that the Commission also has a meeting scheduled for 11/15/2016 and noted the Applicant is also scheduled for a Public Hearing before the Planning Commission on 11/22/2016, so an 11/01/2016 Public Hearing before this Commission would not delay the Applicant.
Commissioner Morrison made a motion finding a Public Hearing would be in the public interest.
Commissioner Beinstein seconded the motion, and it was passed unanimously
2. New Business
a. Receipt of New Applications
Commissioner Morrison made a motion to take up the Referral before Receipt of New Applications on the Agenda.
Commissioner Levy seconded the motion, and it was passed unanimously
b. Referrals
i. Referral from Planning Commission for review of erosion and sedimentation plan on Planning Commission Application #16-04 of LADA, P.C. Land Planners, Agent; Adeline F. Wagner and Richard D. Wagner, Jr., Special Trustees, Owner; for a 7-lot re-subdivision on the properties located at 152 Old Farms Road (Assessor’s Map C07, Block 303, Lot 010), Old Farms Road (Assessor’s Map C07, Block 303, Lot 009B), and Old Farms Road (Assessor’s Map C07, Block 303, Lot 001). Zone R-80.
Chairman Cunningham read Application #16-04 into the record.
Commissioner Morrison made a motion table the Referral to the next meeting.
Commissioner Levy seconded the motion, and it was passed unanimously.
Chairperson Winters and Commissioner Rieger rejoined the meeting at 8:12 p.m.
2. New Business
c. Receipt of New Applications
None.
IV. GENERAL COMMISSION BUSINESS
1. Correspondence
Mr. Glidden noted a memo received from the First Selectwoman and Board of Finance Chair requesting the Commission move its schedule meetings on the 1st Tuesday of the month to the Board of Education Conference Room in case the BOF meetings go long. Commissioner Cunningham noted the understanding that the Commission’s meetings being held at 7:30 p.m., rather than 7:00 p.m., was done to accommodate the BOF, and commented it was nice to have Selectman Paine present at this meeting; the Commissioners discussed changing the meetings to 7 p.m. Mr. Glidden noted the meeting calendar and venues could be amended. The Commissioners noted that the BOE Room was a less suitable location. Commissioner Rieger commented the Commission could still use the Main Meeting Room if the BOF finished by 7:30 p.m. and if Commission meetings were changed to 7 p.m., it could prevent use of the Main Meeting Room. Selectman Paine commented that it is likely an issue during the 4 months of intense BOF meetings, although the Conservation Commission is also conducting the Town’s business and the Main Meeting Room is more suitable. The Commissioners agreed to keep the 7:30 p.m. meeting time, and during the stretch of time of BOF intensive meetings, the Conservation Commission is amenable to meeting in the BOE Room. Mr. Glidden noted the issue of having a consistent meeting schedule/location in order to assure custodial staff unlock the BOE room.
V. APPROVAL OF MINUTES of the September 20, 2016 Regular Meeting
Chairman Winters accepted for the record the September 20, 2016 Regular Meeting Minutes, as written.
VI. ADJOURNMENT
Commissioner Levy made a motion to adjourn the meeting at 8:22 p.m.
Commissioner Beinstein seconded the motion, and it was passed unanimously.