Conservation Commission / IWWA Minutes 11/01/2016

CONSERVATION COMMISSION/INLAND WETLANDS

AND WATERCOURSES AGENCY MINUTES

NOVEMBER 1, 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, Jason Levy, Jim Morrison, and Donald Rieger.

1.            Appointment of Alternates

No alternates were appointed.

III.           APPLICATIONS

a.            Public Hearings:

i.              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. (public hearing set to open 11/01/2016)     

Chairperson Winters read Application #16-24 into the record.

Margery Winters and Donald Rieger recused themselves and the meeting was turned over to Vice Chairman Darren Cunningham.

Acting Chairman Cunningham advised due to the lack of a quorum, the Public Hearing was opened and continued to the next scheduled meeting on 11/15/2016.  The Commission apologized to the Applicant for the delay.

Acting Chairman Cunningham opened the public hearing for Application #16-24 and continued it to the next regularly scheduled meeting on 11/15/2016 due to a lack of quorum.

b.            Applications:

i.              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. (decision must be rendered within 35 days of closing public hearing)

Acting Chairman Cunningham noted the same issue regarding lack of a quorum.              

Acting Chairman Cunningham tabled Application #16-24 until the next regularly scheduled meeting on 11/15/2016 due to a lack of quorum.

Commissioner Levy made a motion to move the 2.b. Referral to the next order of business.

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

2.            New Business

b.            Referral:

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. (continued from 10/04/2016)

Acting Chairman Cunningham noted the same issue regarding lack of a quorum.              

Acting Chairman Cunningham tabled Application #16-04 until the next regularly scheduled meeting on 11/15/2016 due to a lack of quorum.

Acting Chairman Cunningham turned the meeting back over to Chairperson Winters.

a.            Receipt of New Applications

i.              Application #16-25 of Kevin Kowalski, Simsbury Fire District, Applicant; Charlotte Bacon, et al, Owner; for the dredging of a fire pond on the property located at 133 Terry’s Plain Road (Assessor’s Map J08, Block 105, Lot 004). Zone R-40. (received 10/18/2016; decision must be rendered by 12/22/2016)

Chairperson Winters read Application #16-25 into the record.  The connection to the Simsbury Land Trust was discussed.  Mr. Kowalski confirmed that the property is located on 133 Terry’s Plain Road and the easement gives all rights for maintenance to the Fire District as provided in the Commission’s package and they are currently in dire straits with the area not being served by water.  Mr. Glidden indicated an easement provides the Fire District the right to enter the property to maintain the manmade fire pond.  Mr. Glidden noted the Application was received by statute prior to the last meeting, which meeting was cancelled; and he believed the parcel was on 133 Terry’s Plain, and not the Land Trust property, and apologized for any confusion resulting in any members deciding to recuse themselves.  Commissioner Rieger concluded he would recuse.  Chairperson Winters indicated no active involvement with this property in connection to the Simsbury Land Trust and if an easement allows the activity, it would not cloud her judgment and therefore she did not recuse; therefore, a quorum heard the Application,

Mr. Kowalski explained the drought has revealed very dry situations in Town ponds with fire protection of residents in question, although they have water on wheels in tankers.  He added they want to take advantage of the dry time and remove silt from the ponds, which is least expensive and invasive and would allow restoration of the pond because about 20 feet of vegetation has grown in.  They worked with Mr. Glidden to lay out soil dewatering, if needed; and will work with the property owners and Conservation to complete the work as soon as possible.  If this Commission provides approval tonight, it will take at least 30 days to obtain bids and initiate the work; and they will advise all involved parties.

Commissioner Morrison asked for clarification of whether the soil would be stockpiled on Land Trust property.  Mr. Glidden responded it would not, and with the owner’s agreement, the stockpile would be on a farm to the north at 133 Terry’s Plain in a grass area close to the road and limiting overall disturbance; if the soil is really wet, it will sit for a period to prevent tracking mud onto the road.  Mr. Kowalski added the owners of 133 Terry’s Plain have indicated interest in transferring the soil to their property to the west, if it is good soil.   He emphasized they want the area to be well cleaned out and transported to a place that will accept it and is good for the environment; they do not want undertake the cost of expensive trucking of soil.  Commissioner Morrison asked if the slope of the stockpile area is toward the woods.  Mr. Kowalski showed the Commissioners the general property layout and stockpile location and confirmed it would drain toward the woods.  Commissioner Morrison asked if there was concern about road runoff coming to the stockpile.  Mr. Glidden noted there was a small protective swale and recommended lining the entire stockpile area with hay bales to prevent road water from washing out/pushing back the area.  Commissioner Morrison suggested putting plastic down to protect the grass.  Mr. Kowalski indicated it would depend on how long it takes to dewater.  Mr. Glidden added that plastic would be good to use for the short term, but it depends on how wet the soil is.  Mr. Kowalski noted they may find another location off grass acceptable to the owners; they want to be sure it does not drain back into the pond or stream; and because they will be using machines, they will reseed the area to help prevent erosion back into the pond.  Chairperson Winters suggested getting the work done soon.  Mr. Kowalski indicated the pond is dry with a 15-foot core diameter that is sludged over; the manmade pond is on Terry’s Plain almost at Quarry.  Mr. Glidden noted the locations of a watercourse and wetlands in the area with a shelf around the manmade pond built into the slope to collect water from the downward slope.  Mr. Kowalski added there is actually a basin on the bottom with a suction pipe into the basin and a valveless stainless steel screening system, which looks like a hydrant; and they believe that system is working well for this high capacity pond.  Regarding depth of the work, Mr. Kowalski believed it would be 6-7 feet to get an outline and brush it all out and assure an outer 1-foot perimeter of brush to keep birds out of the pond area and thus prevent generation of nitrogen, which creates sludge.  He was not certain if an excavator will be needed, but rather prefers a less invasive extend-a-hoe so the pond walls do not deteriorate – they may line with trap to stabilize the bank as they have done in other ponds, which keeps the silt from going into the steel box.  He added this project is one of several they will be seeking approval for.  Chairperson Winters expressed concern that these projects assure soil stabilization given the season and asked about geo fabric.  Mr. Glidden indicated that would likely temporarily be winter rye which would be reassessed in the spring with seed re-broadcast; this site has no significant grade change and it may be acceptable to use mulch over exposed soil and reassess in spring.   Mr. Kowalski indicated funding is limited for further work this year, but this is the lowest pond level in memory and they want to take advantage of that.  Chairperson Winters encouraged temporary protection of the area until spring.  Mr. Kowalski believed 3-4 inches of stone could hold the dirt on the edge to prevent it washing down.  The Commissioners did not believe the stone would be very effective; Mr. Glidden added the hardscape would be more intrusive than mulch or rye seed covered heavy with hay, which could allow some germination of grass; the stone would have to be cleaned out in spring causing more disturbance to the area; he recommended staying on a softscape path and not hardscape.  Mr. Kowalski indicated they would dig back to the old rat’s area and go deep at that point in order to limit the amount of bare soil.  Chairperson Winters expressed concern that material not fall back into the pond.

Commissioner Cunningham made a motion that this is a regulated activity since it involves dredging in a wetlands area.

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

Commissioner Cunningham made a motion that this is not a significant activity due to the fact that it is a manmade pond, there will be limited disturbance to the area surrounding, and because of the plan to stockpile the material in the location deemed the most appropriate.

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

Commissioner Cunningham made a motion to grant the permit subject to the Conditions outlined the Staff memorandum dated 10/31/2016.

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

IV.          GENERAL COMMISSION BUSINESS

Mr. Glidden noted an application was received from an Eagle Scout for a retaining wall along the fitness trail behind the irrigation pond on the fifth hole in the woods after a bridge crossing the stream at Simsbury Farms.  The Commissioners noted the need for a better culvert near the retaining wall, as it is overtopped regularly in storms.

1.            Correspondence

Mr. Glidden provided the Commissioners with two 10/17/2016 letters from Lisa Heavner.  The Commissioners were also provided with a copy of a 10/22/2016 letter from Dave Ryan to his vendor requesting they do what is necessary to be less environmentally invasive with their spraying.  However, the Commissioners noted a decision to spray appears to have already been made and the Commission’s suggestion not to spray has progressed about 5% on the pesticide issue; and Commissioner Rieger did not see the need to spray for high school graduation.  Chairperson Winters noted they will at least follow DEEP’s best management practices.  The Commissioners discussed efforts to move the pesticide issue forward, and concluded in a strong consensus that the minutes reflect the Commission’s disappointment with the response and lack of progress.  Commissioner Cunningham asked if the view is that there should be pesticides for the concert area.  Commissioner Rieger believed that someone concluded that either the health, or more likely, the comfort of concert goers with expensive tickets are being served by spraying pesticides, even though the health of concert goers is not at risk.   Commissioner Levy discussed the effectiveness of insect repellent and even thermocells carried in a holster, which heat up with no detectable smell and keep bugs away.  The Commissioners discussed spraying “using the least amounts possible” in the letter and the lack of clarity regarding who has responsibility to follow up with the pesticide contractor.  Commissioner Rieger noted the Commission approached the BOS, which is in charge of Town-owned real estate - the PAC and BOE are tenants; and it appears the pesticide applicator is making the decision.  The Commissioners noted deciding how to further proceed could be effected by the upcoming Town vote on Ballot Question #1, and a potential Charter change. 

Commissioner Rieger noted a decision was made regarding the Senior Center at Simsbury Meadows with the PAC concluding it would not be synergistic to have the Senior Center there and it might constrain their future expansion, which the Commission will need to be vigilant about.  Commissioner Rieger recalled the plan to hold workshops to deal with several violations at Simsbury Meadows, but there have not been many of those workshops.  Commissioner Morrison added Mr. Rabbitt was planning to incorporate some Senior Center changes into the Simsbury Meadows redevelopment, and if that is not going to happen at the PAC, that seems like another reason to restart the discussion.  Mr. Glidden indicated Mr. Rabbitt has been talking with Bob DeCrescenzo and will follow up regarding workshop scheduling with the Commission, which possibly could be held if there is a light Agenda at the 12/06/2016 meeting.

Commissioner Rieger recalled that in December a report is due from River Bend regarding their compliance with the Conservation Easement, and the Commission in turn provides a countersigned copy to the Corps of Engineers.  Mr. Glidden noted their subdivision approval expires 03/28/2017; his past experience when a development does not move forward, is that everything reverts to its former legal state, and that bears more investigation.  He reviewed that River Bend’s approval fell under the economic downturn legislation which extended their approval to 9 years from the date the permit was issued (rather than the traditional 5 years) and it can be extended up to 14 years; however, he has not received indication to date that they plan to extend.

Commissioner Rieger commented Zoning has not responded regarding the Commission’s water bottling letter.  Mr. Glidden responded that Zoning is currently updating their regulations and it was brought up at their workshop by Staff in connection with their review of conservation zones, floodplains, and aquifer protection zones; and Staff has put the letter in their packet again. 

Commissioner Rieger recalled his previous recommendation that the Commission develop a drought ordinance and the Commissioners were provided both a copy of a model state ordinance and also, in his opinion, a better ordinance example for Greenwich, due to their 5 times greater consumption of water during summer lawn irrigation.  Commissioner Rieger noted Greenwich effectively enforces their mandatory ordinance, while the water company has no enforcement authority; their ordinance generally involves public water consumers, unless they insufficiency in ground water occurs and then it applies to those users as well.  Commissioner Rieger believed that for Simsbury the discussion should include ground water as part of the whole system; and consideration of the Greenwich ordinance flexible menu of options allowing tailored enforcement.  Chairperson Winters also noted a voluntary ordinance in California that effectively reduced water consumption and will obtain more information on it. 

Commissioner Rieger recently attended a State water planning conference dealing with the process; and while the MDC convinced Homeland Security to declare their data a national security asset, it appears they will now release that information.  Chairperson Winters noted the State had a policy in their water planning process to protect water supply areas and make those areas known, but following 911 it was decided they could not release that information due to security, although an oil spill from a road into a water supply area is more likely.  The Commissioners agreed on the importance of working on a drought ordinance and having it on the Agenda. 

V.            APPROVAL OF MINUTES of the October 4, 2016 Regular Meeting

Chairman Winters accepted for the record the October 4, 2016 Regular Meeting Minutes, as written.

VI.          ADJOURNMENT

Commissioner Levy made a motion to adjourn the meeting at 8:25 p.m.

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