Conservation Commission / IWWA Minutes 11/15/2016
CONSERVATION COMMISSION/INLAND WETLANDS
AND WATERCOURSES AGENCY MINUTES
NOVEMBER 15, 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: Charles Haldeman, Craig MacCormac, Darren Cunningham, Jason Levy, Donna Beinstein, and Donald Rieger.
1. Appointment of Alternates
Chairperson Winters appointed Commissioner Beinstein to serve for Jim Morrison and Commissioner Haldeman to serve for the vacancy.
Commissioner Cunningham made a motion to move Application #16-26 to the top of the Agenda.
Commissioner Levy seconded the motion, and it was passed unanimously.
1. Applications:
b. Application #16-26 of Daniel Hsu, Agent; Town of Simsbury, Owner; for the construction of a retaining wall in the wetlands on the property located at 100 Old Farms Road. Zone R-40. (decision must be rendered by 01/05/2017)
Mr. Hsu described his Eagle Scout project proposing construction of a retaining wall within 100 feet of wetlands on the fitness trail at the Simsbury Farms complex. He noted the wetlands loam soil has poor drainage, especially during heavy rain. Mr. Hsu indicated agreement with Special Conditions, including a pre-construction meeting with the Commission’s agent, limiting demolition of the existing wall to phases as the current wall is holding back some earth. He confirmed the project would begin in the spring using pressure treated vertical 2x4s with 4x4s in the ground – he provided the Commissioners with a phone photo of the design. Mr. Hsu noted there is currently a small section unstained example at the site. Commissioner Rieger inquired about the type of pressure treated wood proposed to be used, as the previous standard ACQ pressure treated wood is rated for ground contact only for 4x or larger, and the ACQ 2x10s will rot out; however, there is a new 2x material rated for ground contact which should be used so the retaining wall does not need rebuilding in 4 years. Mr. Hsu confirmed the wall demolition staging would be done in 4 foot or less sections, a section at a time with the assistance of other scouts, so the earth behind does not fill in the wetland – the old railway ties would be removed probably by crowbars and then moved along an existing path by wheelbarrow to the greens keepers area where they can then be transported to the dump. Regarding fasteners, Mr. Hsu indicated a plan to use hot dipped galvanized carriage bolts to fasten the 4x4x10s in the ground to the 2x10s and earth anchor cable connections with a thin sheet of metal going 3 feet into the earth. Mr. Hsu confirmed to the Commission that the correct materials would be used.
Commissioner Cunningham made a motion that this is a regulated activity since it involves construction of a retaining wall in the wetlands.
Commissioner Haldeman seconded the motion and it was passed unanimously.
Commissioner Cunningham made a motion that it is not a significant activity based on the considerations discussed, the slow and partial removal of the existing wall, as well as the considerations for the wetland itself and the hill.
Commissioner Haldeman seconded the motion and it was passed unanimously.
Commissioner Cunningham made a motion to grant Application #16-26.
Commissioner Haldeman seconded the motion and it was passed unanimously.
The Commissioners thanked the Applicant and looked forward to seeing the completed project.
III. PUBLIC HEARINGS:
1. 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 must be closed by 12/06/2016)
Chairperson Winters read Application #16-24 into the record. Chairperson Winters and Commissioner Rieger recused themselves as they are members of the Simsbury Land Trust.
Vice Chairman Cunningham acted as Chair and noted that legal notice of this Public Hearing was published in the Hartford Courant on 10/10/2016 containing the description read into the record and that interested persons may appear and be heard and written communications will be received. Acting Chairman Cunningham then opened the Public Hearing for Application #16-24.
Terri-Ann Hahn of LADA, P.C. Land Planners represented the Applicant and noted the property is located on Old Farms Road and consists of 3 parcels just over 20 acres opposite Joshua Lane; the parcels are a combination of wooded and meadow areas oriented toward Old Farm Roads; an existing residence would remain; and they propose an additional 6 lots on a town road for an overall subdivision. Ms. Hahn noted the property has 2 wetlands – 1 on the southeast end of the frontage on Old Farms Road with an associated pond and drainage that crosses Old Farms Road; and the 2nd small section of wetlands draining toward the north, which was field investigated for a wetland map amendment and found to not connect through; the proposed project disturbance would be for upland review area (URA) only, including 1,892 sq. ft. of URA for the driveway and detention basin on the south and 100 sq. ft. of URA on the north for septic system grading on that lot.
Kate Bednaz, Soil Scientist, indicated the south wetlands have overall deep poorly drained soils with some alteration against roadway construction; she described the diverse variety of vegetation dominant in the south area and mixed deciduous forested wetland in the small northern tip area that continues off property. Ms. Bednaz showed the Commissioners where the roadway enters on a blue line and the areas where leach fields and storm water management systems would be installed; no buildings or roadways would be located close to wetlands; a conservation flowering seed mix would be used for the storm water management basin; a small swath of woody material would be preserved between the wetlands and berm of the basin providing an edge habitat for a meadow or grass habitat beneficial to various aviary and small mammal species; a good area of forested area would be preserved; straw bales rather than hay bales would be used to assure less spread of unwanted seed stock and coconut fiber logs could be used for compost depending on the duration time controls are needed; silt fence would be extended along the north side of the roadway; and all barrier controls remain in place until final stabilization. Ms. Bednaz believed that with erosion controls in place and the site designed as shown, the impact to the wetland resource areas would be minimal and placing the storm water basin between the development and the largest wetlands downhill provides a nice environmental feature, with standing water in the wetlands only seen during spring months.
Ms. Hahn indicated Ms. Bednaz’s recommendations have been added to the erosion control plans and to the planting plans and provided the Commissioners with color plans. Ms. Hahn confirmed the plans were also revised to reflect Mr. Glidden’s evaluation including, drainage reports/details; soil scientist recommendations integrated into plans; Ms. Bednaz signature indicating she flagged the wetlands; additional erosion control narrative/information; and highlighting in gray on the plans the slopes exceeding 3:1, with the exception of uphill of the cut basin - however, due to comments just received from Jeff Shea, they will expand that from 2:1 to 3:1 slope, but that occurs in the non-regulated area and does not impact this Application. Ms. Hahn added that they were requested to provide information regarding open space because the property is oriented toward Old Farms and past practice, and they proposed fee in lieu of open space as the best solution for this project. Ms. Hahn noted because the overall area of disturbance exceeds 5 acres, they must apply for a DEEP permit.
Chairman Cunningham opened the meeting to the public and requested comments be kept to 5 minutes until everyone speaks, and then another opportunity to speak will be provided to members of the public.
Fred Feibel of 6 Hedge Hog Lane, and President of Simsbury Land Trust, read a letter on behalf of the Board of the Land Trust into the record regarding their 62-acre Wagner Woods property immediately to the east of this property, indicating concern that houses developed in the proposed subdivision would be visible from their existing trails diminishing walkers woodland experience, and future homeowners may not want walkers passing through their back yards. The Board of the Land Trust asked that the Conservation Commission recommend to the Planning Commission the acquisition of open space along their buffer, rather than fee in lieu of; and the Land Trust would be willing to take title in perpetuity and manage the open space or some option the Planning Commission might prefer. Mr. Feibel showed the Commissioners the location of the proposed open space on the map.
Chairman Cunningham invited further public comment.
Rick Wagner of 152 Old Farms Road provided an overview of the project indicating his family purchased 62 acres in 1962 and subsequently purchased the next 2 parcels over time. He noted that in the ‘70’s/’80’s open space became a major focus in town and his father also believed in it; he felt the Simsbury Land Trust and others in town have done a great job. Mr. Wagner recalled that a developer bought up the now named Wagner Woods property with a plan to build about 40 houses, and his father suggested the developer do something for the town and the developer agreed to let Mr. Wagner buy the property with an option in the next 20 years to put it in open space or develop it and then pay the developer some money. Mr. Wagner continued that his father died in 2009 and the end of the 20 years was 5 months later, and the family decided in memory of his father to grant all 62 acres to open space, which he believed is the largest land gift given to the town. He noted that now there may be too much open space, as discussed by the Town and Land Trust in recent years. He indicated it was always the intent to develop the 20 acres and the other space to be the Land Trust. Regarding the buffer, Mr. Wagner felt that 13 feet would not destroy the bucolic setting on the very end of the 62 acres; they would like to work with the Simsbury Land Trust and put plantings along that area to keep the bucolic experience given there would only be 1 house on every 2 acres at a substantial distance from the walking trail. Mr. Wagner felt there should be a very compelling reason to alter the plan to be for open space, rather than fee in lieu of, as it will jeopardize the project which has gone through 40 versions over 3 years; and they have worked with neighbors to accommodate concerns. Mr. Wagner described the benefit of the variety of neighboring properties in this beautiful area and believed the 6 extra houses would enhance people’s enjoyment of the area.
Commissioner Haldeman asked to be shown on the map the property the development would abut. Mr. Feibel showed the Commissioners the area and indicated the trail would be 30 feet away from the houses backing up to the border. Commissioner Beinstein asked about access to the area and Ms. Hahn indicated the Land Trust asked that potential access be removed due to past concerns regarding other subdivision properties with walkers going to a designated parking area. Ms. Hahn described the potential planting plan for 80 screened plants that would essentially be a green wall separating the project from open space with potentially 3 houses affected. Ms. Hahn concluded that they continue to propose fee in lieu of, rather than open space.
Chairman Cunningham invited further public comment.
Constance Kilim of 148 Old Farms Road indicated she was the only neighbor directly impacted, besides the Land Trust. She was concerned that her house and pool are very close to the property line, and aside from moving the initial road asked if anything else had been considered to lessen the impact. Ms. Hahn responded that in addressing adjacent properties, the orientation of houses/yards and the road were changed to be consistent with the existing house; the project stays beyond the setbacks and maintains the existing tree line, which are different than grandfathered closer setbacks from earlier regulations. Ms. Hahn noted the project achieves the absolute minimum layout to respect the existing scenario. Ms. Kilim asked if there would be a spec house and was concerned about the construction period given the plot closest to her property is also closest to the new road and could be the spec house site. Ms. Hahn responded there has been no decision to date and more screen plantings could be added. Ms. Kilim noted the huge oak tree that is on both pieces of property. Ms. Hahn responded that tree would not be disturbed, nor anything along the property line. An audience member commented the green space concept is not a substitute for open space and believed over time maintenance of the green line would be forgotten about entirely. Mr. Wagner indicated willingness to work with the Simsbury Land Trust, if an easement or another option is necessary, to enforce management of plantings, but they are not open to jeopardizing the whole project and believe the Land Trust’s recommendations would do that.
Mr. Glidden referred the Commission to Jeff Shea, Town Engineer’s comments, noting on Pg. 3, #5 on his drainage comments about groundwater elevations and how it may limit/impact storage capacity in the detention basin; he suggested the Commission look at this to see if more information is needed because the basin is upgradient of a wetland complex and if they hit water when setting up this basin and the capacity is limited, it could result in a non-functioning drainage system. Mr. Glidden continued that the Town Engineer also brought up comments regarding road curbing, which could be a long-term erosion and sedimentation control issue given proposed pavement at 5-6% grade. Ms. Hahn indicated the plans were revised to provide curbing throughout in response to previous comments from Mr. Shea. Mr. Glidden recommended the Public Hearing remain open until the ground water issue is resolved as the design may need to be changed as required under regulated activities.
Commissioner Beinstein asked if the plan was to do the main road first. Ms. Hahn responded it would be the road first and then the lots would be developed, depending on how the lots sell. Mr. Glidden’s concern regarding the Erosion and Sediment Control Plan was that the road is constructed first, then the basin is constructed, stabilized, and goes on line, and then individual sites are developed – this is important because this site has in excess of 5 acres of disturbance, a very large area of exposed soil; and a steep grade change of 35-43 feet from Old Farms Road to the proposed cul de sac center. Therefore, Mr. Glidden suggested the Commission limit construction to the roadway first, get a binder coat down, and have the drainage system on line; the Applicant has addressed many of his E&S comments, which should be consistent with the 2002 E&S Manual, but there are still outstanding drainage issues. Ms. Hahn noted it is a dug basin and they will confirm that the test pit for that area does not have ground water and provide that information to the Commission and Staff.
Mr. Glidden reiterated his recommendation to keep the Public Hearing open to receive the drainage report in order to assure the basin is the correct size to accommodate the contributing watershed. Mr. Glidden reviewed that the next Commission meeting is scheduled for 12/06/2016 at which time the Applicant could extent the Public Hearing, if necessary; however, it is one item to receive and the Commission has 35 days to act once the Public Hearing is closed.
Mr. Glidden noted there are 2 other reviews for this project on the Agenda and the Commissioners discussed deciding on all 3 at the next meeting.
IV. OLD BUSINESS
1. Applications:
a. 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)
Commissioner Levy made a motion to continue the Public Hearing to the 12/06/2016 meeting.
Commissioner MacCormac seconded the motion and it was passed unanimously.
2. Referrals:
a. Referral from Planning Commission for review of erosion and sedimentation plan on Planning Commission Application #16-04 of LADA, P.C. Land Planners, Agent; Madeline 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)
Chairman Cunningham read Application #16-04 into the record.
Mr. Glidden commented that a Staff Report with favorable recommendations has been prepared. The Commissioners discussed continuing Application #16-04 to the next meeting also.
Commissioner MacCormac made a motion to table Application #16-04 until the next meeting on 12/06/2016.
Commissioner Levy seconded the motion, and it was passed unanimously.
Commissioners Winters and Rieger rejoined the meeting at 7:21 p.m. and Margery Winters resumed Chairing the meeting.
V. NEW BUSINESS
1. Receipt of New Applications
None.
VI. GENERAL COMMISSION BUSINESS
1. Correspondence
2. Forestry Plan
Mr. Glidden provided the Commissioners for review copies of 2 letters submitted by Susan Brachwitz and 1 document from Helen Peterson on the Open Space Committee – all 3 relate to the Forestry Plan, specifically Onion Mountain. Commissioner Rieger, who serves as the Commission representative on the Open Space Committee, recalled that the Commission previously approved a management plan for Onion Mountain. Commissioner Rieger explained that the logger who was to undertake the work ultimately decided not to because the Town stipulated no work be done on weekends/Sunday due to noise disturbing neighbors, but loggers do not like to leave equipment unattended in the woods over the weekend and like to work 7 days/week. Meanwhile, the Open Space Committee had additional questions and received another presentation from Mr. Hansen, but Ms. Petersen had additional questions on forestry. Commissioner Rieger was asked to bring the plan back to this Commission for input prior to the Open Space Committee putting it out to bid again. Chairperson Winters discussed the issue of logging and the emotion it engenders and noted Ms. Petersen’s plan to bring in foresters from Highstead - an arboretum with many native plants, to help townspeople understand the need to set goals for forest management, designate areas to be managed/not managed, and to help educate the public about forestry issues at a tentative forum in the spring potentially involving the Simsbury Land Trust, Farmington Valley Watershed Association, neighboring land trusts, the State, etc. The Commissioners responded that it sounded very reasonable and could be a valuable educational experience with the involvement of interested constituents. Chairperson Winters recalled that there were 8 steps in the management plan and one was financial, which has elicited concern, so there is potential for revising the goals.
Commissioner Rieger made a motion that the Commission plan to reconsider its approval of Onion Mountain Park in May, so at that time in light of whatever wisdom has been achieved as a result of symposia and the like in the interim, it being understood that the Commission is not undertaking responsibility for holding such symposia.
Commissioner Levy seconded the motion, and it was passed unanimously.
The Commissioners noted that Ms. Petersen is discussing how to proceed with the First Selectman.
3. Drought Ordinance Discussion
Commissioner Rieger recalled that the Greenwich ordinance was provided to the Commissioners for review at the last meeting and a marked up draft provided for this meeting. He noted the proposed ordinance provides that if the BOS, having talked with the Public Works Director, the Conservation Commission Chair, and the Public Health District, conclude there is a concern about the adequacy of water supply, they may take some steps - 1st in conjunction with the 2 water companies in Town, but there may be equal concern regarding well water with the same steps available to be taken. Mr. Glidden indicated that Avon Water Company is a 3rd water company in Town - Commissioner Rieger noted that could also include any group served by a well for a certain number of houses, but those will not be called a utility for this purpose.
Commissioner Haldeman asked what would happen if there is a debate. Commissioner Rieger responded that disagreement is likely, but the BOS with an obligation to consult would still make the ultimate decision if this ordinance goes into effect. Commissioner Rieger explained that a water company can ask people not to use water, but has no enforcement authority with decreased water use lowering revenue; this ordinance would provide civic authority and a potential fine. The Commissioners discussed issues associated with recommending this ordinance to the BOS, particularly in a town where many people have their own wells, and other towns with mandatory water restrictions currently in place. Commissioner Cunningham noted the ordinance limits activities in this time of crisis in 3 parts: BOS implementation, prohibited uses, and $50/day enforcement fine. Commissioner Rieger commented that water is a public trust asset, and in times of need, there is no property right to waste water. Mr. Glidden asked how the town golf courses would be treated. Commissioner Levy commented that golf courses in California’s drought were treated equally and were as brown as the rest of the landscape. Mr. Glidden noted that all 3 town golf courses have diversion permits - Simsbury Farms ponds are fed by an Old Farms well and both Hopmeadow and Tower Ridge have their own irrigation ponds believed to not be fed by wells. Commissioner Rieger responded that the proposed ordinance does not give golf courses or soccer fields an exception, which the BOS will decide on for the ordinance. Chairperson Winters noted that DEEP developed best management practices for water use on golf courses and it was noted that watering golf courses does not recharge groundwater. Mr. Glidden recalled that in East Lyme a private water company provides service to the town by wells, and the town has run into issues of water bans in the summer where there are recreation fields irrigated by the prison all summer by independent wells not connected to the town system, although everyone believes they are connected and people get upset that they cannot water their own lawns. Commissioner Rieger noted that the BOS could act to create exceptions and the public will weigh in. Commissioner Rieger will make the changes to the draft and was granted authority by the Chair to place her signature (from his computer) this time on the letter for submittal to the BOS.
Commissioner MacCormac made a motion to recommend to the Board of Selectmen that they consider a Code of this nature, as corrected to include the Avon Water Company.
Commissioner Levy seconded the motion, and it was passed unanimously.
Commissioner Rieger recalled that the Commission is still waiting to hear about workshops and Chairperson Winters added that she discussed with Lisa Heavner following up with Attorney DeCrescenza; and Mr. Glidden will follow up tomorrow with the Director regarding a December workshop.
Mr. Glidden advised that the Commissioners will receive an invitation from the Planning Commission to take part in the listening session on Tuesday, 12/13/2016, at Henry James Middle School Cafeteria for the POCD Conservation Strategies to see if previous goals were met or if new goals are needed.
4. Approval of the Minutes of the November 1. 2016 regular meeting
Chairman Winters accepted for the record the November 1, 2016 Regular Meeting Minutes, as written.
VII. ADJOURNMENT
Commissioner Beinstein made a motion to adjourn the meeting at 8:50 p.m.
Commissioner MacCormac seconded the motion, and it was passed unanimously.