Conservation Commission / IWWA Minutes 10/15/2013 DRAFT
CONSERVATION COMMISSION/INLAND WETLANDS
OCTOBER 15, 2013
MINUTES FROM REGULAR MEETING
I. CALL TO ORDER
Chairman Rich Miller called the Regular Meeting of the Conservation Commission to order at 7:35 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were: Alan Needham, Darren Cunningham, Margery Winters, and Margaret Sexton. Also present were: Howard Beach, Conservation Officer, Janis Prifti, Commission Clerk, and other interested parties.
II. APPOINTMENT OF ALTERNATES
Full members were present.
III. DISCUSSION AND POSSIBLE ACTION
a. Application #13-34 of All Star Home Repairs LLC, Agent for Betsy Shelly, Owner, for the extension of an existing deck on the property located at 38 Pine Glen Road (Map D16, Block 204, Lot 014). Zone R-40.
The Application was to add 4 feet on either end of a rectangular deck in wetlands with concrete footings for sono tubes, and some removal and replacement of dirt in an already disturbed area. The work would be done as soon as Commission approval is received.
Commissioner Winters made a motion that it is a regulated activity as a result of construction in a wetland. Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Winters made a motion that it is not a significant activity with a few concrete piers and very little soil disturbance. Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Winters made a motion to approve the Application. Commissioner Cunningham seconded the motion, and it was approved unanimously.
IV. CEASE AND RESTORE ORDER
a. Application #13-32 OF Craig and Sheri DiGiacomo, Owners, for the removal of trees and grading of soil on the property located at 14 Weatherly Road (Map F05, Block 301, Lot 045). Zone R-40. (continued from 9/17/2013 and 10/1/2013)
A certified soil scientist hired by the Applicant highlighted that: re-grading activity had no adverse effect on the owner's property nor on neighboring property inland wetland soils; no deposition or removal of material had or will have a substantial adverse effect on the watercourse outside limits of the property; no activity changed the natural channel or flow that would inhibit the natural dynamics of the wetland system; no activity has or will cause pollution to the wetland watercourse; no activity has caused diminution of watercourse flow or its groundwater levels; no activity has damaged or destroyed unique wetland or watercourse areas having demonstrated educational value; and no activity has diminished the natural capacity of the wetland or watercourse to support aquatic, plant or animal life. It was explained that the contractor accidentally pushed stumps, tree trunks and branches into the wetland proper and encroached on the non-encroachment property line; the property pin closest to the skating pond was not found. The scientist showed on a map the skating pond's location (size is about 80' wide x 40' long and 6-8" deep); where there was no disturbance the soil was sampled and it did not have the character of a wetland soil. The surface water drainage from the road is the main source of water for the skating pond; a 2-3 foot slope along the conservation easement provides the groundwater level, creating the wetland, and some stumps/trees in this area will be removed by hand. While currently there is no standing water in the wetland, there have been signs recently of wading birds and deer in the area. Once leaves and organic material accumulate in the area, it might function as a vernal pool and hold water from storms and the street longer. It was proposed that the Applicant plant numerous white pines to mark the Conservation Easement edge and prevent future disturbance. Along the pond various native shrubs and small plants (depending on availability: high bush blueberry, winterberry, shadbush, sweet pepper bush, and silky dogwoods) would be planted as a buffer and a wetland conservation mix broadcast behind and in front of the trees, creating an herbaceous layer. Authorization was requested to put in plantings now and remove stumps/tree material from the wetlands.
White pines would be somewhat deer resistant, like moist/wet soil, are affordable, would grow to 5-6' high, and would be over 200 feet from the owner's house. When the property was purchased by the owner, there was extensive storm damage that was cleaned up, and the owner now understands the need for an edge effect along the wetland. The soils underneath the vernal pool are sandy; groundwater is at least 3-feet below the topography of the lawn; and the contractor equipment compacted the soil, which causes water to hold. The homeowner was unaware of the Conservation Easement in the backyard. Open snaps would be put in the pond in spring below the water level and removed in winter for skating. There is not enough hydrology in the area until organic matter builds up to hold water over the years. Rip rap was installed by the homeowner because of headwall storm drainage discharge that eroded a gully at Weatherly Road and the contractor recommended its installation and overdid the amount. Regarding putting in a vegetative swale instead, it is a small section of road and a small amount of water comes in. While broadcasting some topsoil in the area with a conservation mix was considered, the understory is extremely thick in this part of Town and would likely fill in the area over time. The area of water depression was shown and the wetland begins about 4 feet beyond that and drops down about 3 feet where the stumps/trees are to be removed by hand.
Follow-up inspection by the Town Officer was suggested. The owner would hire a professional to apply organic fertilizers to the lawn. The pond is only 6”-8" deep and would not be flooded; it would only collect water runoff. It was reiterated the stumps/trees would be removed by hand from the wetland. The Commissioners discussed various aspects of permit issuance for Application #13-32.
Commissioner Sexton made a motion to lift the Cease and Restore Order based on the current activity by the homeowner to comply with the Commission's requirements. Commissioner Winters seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion that it is a regulated activity because it is in both the upland review area and wetland itself. Commissioner Winters seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion that it is not a significant activity given that a soil scientist has stated there has not been significant degradation of the wetlands function itself and in fact may have provided some vernal pool activity in the future on the property. Commissioner Winters seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion to approve the permit based on the proposed activity on record, including removal of stumps and other material from the wetland, some activity around the vernal pool area, plantings, continued seeding and such, based on the Town Officer's guidance and oversight. Commissioner Winters seconded the motion, and it was approved unanimously.
V. ADMINISTRATIVE APPROVALS
The Town Officer administratively approved permits for two generators placed on the ground in an upland review area, but with no disturbance.
VI. RECEIPT OF NEW APPLICATIONS
a. Application #13-35 of Kevin Clemens of the Town of Simsbury Highway Department, Agent for Town of Simsbury, Owner, to place fill on a slope/shoulder to avoid undermining of the road on Hop Brook Road.
Last year the Town re-paved Hop Brook Road and the last section near Hop Hollow and Great Pond has experienced soil sloughing off from the road edge. This proposal is to place rip rap around the edge and machine pack it so the pavement edge is not lost. The Commissioners provided some additional suggestions to be considered. Application #13-35 will be heard at the next meeting.
b. Application #13-36 of John and Lisa Pugmire, Owners, to build an in-ground gunite swimming pool in the Upland Review Area to a wetland on the property located at 3 Flintlock Ridge (Map G06, Block 103, Lot 012). Zone R-40 OS.
The next meeting of the Commission is 11/19/13 and the Applicant would like to get the pool established now. If the Commission agrees on the conditions to be met, it is proposed this Application be handled administratively.
The Applicant's contractor explained the plot plan with pool and wetland locations; the wetland is about 60 feet away from the pool at the closest point. The pool is in-ground gunite with the limit of disturbance at the outside edge of the gunite; outside of that edge there would be no wetland disturbance. The pool area is extremely level with only a 7 1/2" change in grade from one side of the pool to the other using a 22-foot long string. A silt fence would be installed prior to construction and they would like to begin as soon as possible. They would not put back fill around the pool as a patio will go in next spring to meet the pool edge. Total excavation is estimated at 180 cu. yards. The opposite side of the yard would be leveled for a child play area and would be immediately graded and stabilized. In order to accommodate the pool, the septic system was removed last November and buried in the side yard; the leach field was abandoned in place for about a year and they now use a Town sewer line, which was placed next to the brook in the 1980's. The material excavated will be stockpiled for about a day and then moved offsite with the silt fenced area leveled, hay spread, and possibly hydro seeded to prevent erosion; the existing trees are planned to be maintained and where the soil slopes up the last 25-30 feet will not be graded. Behind the pool area, two trees may be removed. The Town Guidelines for Pool Maintenance will be provided to the Applicant to assure chlorine content is at a lower level and pumped away from the wetland. Once a year when the pool is winterized, about a foot of water would be pumped toward the front yard. The pool would be from 3-8 feet deep.
It was requested the Commission authorize Town Staff to issue an administrative permit, with appropriate conditions, to allow about 4 weeks of work to take place and the ground to be stabilized as waiting until early spring could have a worse impact.
Commissioner Cunningham made a motion to recommend administrative approval based on the fact that there are no Commission meetings for three weeks and timing of the Application itself for the pool is four weeks and have had a thorough presentation by the Applicant. This is a flat area with little disturbance in the upland area, it is 60 feet from wetlands, and there will be very limited onsite short-term storage of material. Commissioner Sexton seconded the motion, and it was passed unanimously.
VII. CORRESPONDENCE/ANNOUNCEMENTS
The Chairman commented that a presentation by Town Staff and its Rhode Island consultant at the DEEP conference in Cromwell demonstrated Simsbury is on the cutting edge with its LID and green infrastructure projects. 150-200 people from across the State attended the conference and many are now looking at the Town Center Zone Guidelines and considering something similar for their towns. Kudos were extended to Simsbury and Mr. Peck.
VIII. APPROVAL OF MINUTES of October 1, 2013; September 17, 2013; April 16, 2013
April 16, 2013 Minutes:
Commissioner Cunningham made a motion to accept the April 16, 2013, minutes as drafted. Commissioner Sexton seconded the motion, and it was approved unanimously.
September 17, 2013 Minutes:
Commissioner Cunningham made a motion to approve the September 17, 2013, minutes as drafted. Commissioner Winters seconded the motion, and it was approved unanimously.
October 1, 2013 Minutes:
Commissioner Winters made a motion to approve the October 1, 2013, minutes. Commissioner Sexton seconded the motion, and it was approved unanimously.
X. ADJOURNMENT
Commissioner Winters made a motion to adjourn the meeting at 8:40 p.m. Commissioner Sexton seconded the motion, and it was passed unanimously.
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