Conservation Commission/IWWA Minutes 02/05/2013 ADOPTED

CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
FEBRUARY 5, 2013
REGULAR MEETING

I. CALL TO ORDER

Margery Winters, Acting Chairman, called the Regular Meeting of the Conservation Commission to order at 7:30 p.m. in the Main Meeting Room at the Town Offices.  Other members and alternates in attendance were: Donald Rieger, Margaret Sexton, Ryan Mihalic, Patrick Kottas, Alan Needham, and Darren Cunningham.  Also present were: Howard Beach, Conservation Officer; Janis Prifti, Commission Clerk; and other interested parties.

II. APPOINTMENT OF ALTERNATES

Chairman Winters appointed Commissioner Rieger to serve as an alternate for Commissioner Miller and Commissioner Kottas to serve as an alternate for Commissioner Zackeo.

III. PUBLIC HEARING(s)

a. Application #13-01 of Saint Catherine of Siena Church, Owner, for the expansion of existing wetland crossing and modification of existing church parking areas on property located at 265 Stratton Brook Road (Map C11, Block 406, Lot 021).

Commissioner Mihalic read Application #13-01 into the record.  Terri-Ann Hahn, Principle of LADA, P.C., site planner for the project, showed the location and layout of Saint Catherine's on Stratton Brook Road.  She said a couple of years ago the Applicant applied to expand the Church with the addition of a building, shed, and expanded parking area.  She noted a mowed grass area, a middle section of trees, a mowed field in back up to trees, and an existing wetland crossing; the wetland is just under 3 acres in size and drains toward the lower left-hand corner of the drawing.  She said they flagged the wetlands and there is a report from First Water Wetland Services confirming a wooded wetland; there are two 8-inch pipes underneath the wetland crossing, and the wetland is in good shape with a combination of trees and shrubs and not too many invasive species.  She said the building and existing parking lot are in the upland review area; the parking lot has been full on a regular basis and people have been parking on Stratton Brook Road and that situation needs to be resolved.  She said this Application proposes extending the drive out using the existing wetland crossing, expanding its paving somewhat into the back, using a gravel parking area into the meadow and setting it into the hill.  She said it requires very little re-grading with the area at less than 5%.  She said it is designed as a one-way system with walkways into the church hall.  

Ms. Hahn stated that in order to make the circulation work, they are eliminating certain parking spaces so the overall pervious surface is a wash, and there will be closer access for vehicles to come up to the building for handicapped accessibility.  She said the wetland crossing remains in the same location and 920 sq. ft. of the wetland will be disturbed.  She discussed other alternatives and stated this solution was the most practical disturbing less wetland; adjacent to the gravel is a bio-trim area taking any parking lot runoff into a limestone-based trench, allowing water to infiltrate into the ground and the wetlands, preventing wetland de-watering.  She said instead of two 8-inch pipes, they will use four 12-inch pipes buried 3 inches in native material, as required by the Army Corps, to provide the same relationship.  She said a complete erosion control plan was provided to the Commission illustrating no dirt will be tracked onto Stratton Brook protecting the wetlands.  She clarified the large paved area will not change; currently there are about 150 parking spaces which will be reduced to 133 spaces with 144 spaces added in the new parking area.

Acting Chairman Winters appointed Commissioner Rieger to serve as an alternate for Chairman Miller. 

Regarding keeping the additional parking a gravel area, Ms. Hahn said the area is relatively flat at less than 5%, with good drainage, and they are not prepared to pay the cost of paving.   She said because it is in the Upland Review Area, they would have to come back to the Commission for any paving approval.  She said the crushed limestone lined bio-trench positively effects potential PH runoff levels and helps with any motor lubricants coming off cars and is a standard edge of pavement approach close to wetlands.  She stated the crossing probably will be done first and it will take a couple of years to complete all phases of the project.   She said the 920 sq. ft. Of disturbed wetlands are attributed to them removing the crossing, putting a berm on top with a driveway over the top; the area is 50 feet wide and is the thinnest point; and the pipes will go into the existing discharge area. 

Ms. Hahn said the currently mowed area of wetland will no longer be mowed; they will put in a construction fence with some plantings and let nature take its course; the Commissioners commented it is a good meadowland area.  She will send the Commission a list of the proposed meadowland mix.  Regarding maintaining the gravel, Mr. Caldwell of Saint Catherine's said the parking lot base will be compacted with plowing minimized and done only for large events.  Ms. Hahn said the current crossing is processed stone and the paved area will only be 15 feet wide plus a 4-foot sidewalk; and there is a paved area rectangle for the Fire Department equipment to turn around.  Mr. Beach believed the Fire Department would be happy with a 12-foot driveway with hardened shoulders to fulfill their requirements.  She clarified the curb is only where the sidewalk is elevated on the berm to protect pedestrians and each side of the berm is flush with some lights in that area. 

Regarding the parking lot edge, Ms. Hahn said large stones separate the parking lot gravel from the bio-trench and the tree edge on the other side of the wetlands are not disturbed.  She said the wetland remediation planting plan includes Red Maples and Green Ash full-size 1-inch trees, and 25 shrubs based on the existing shrub community.  Regarding construction equipment, Mr. Caldwell said it includes a bulldozer to strip the soil and do some grading and trucks to bring in the base material; Ms. Hahn said the stripped soil will be removed from the site.  Regarding the option of coming out to Farms Village Road, she said it is right at the traffic light and the septic system is in that area and it would be quite a distance for pedestrians.  In constructing the crossing, Ms. Hahn said unsuitable material will be removed from the site, appropriate material brought in and the area built up with pipes put in and then pavement.  She said construction of the crossing will take 2-3 weeks and perhaps in the following year the gravel parking will be done as funds become available.   Anthony Drapelick clarified that currently the field is mowed to the trees by Tullers twice a year.  Ms. Hahn said the tree area is wider than the wetland and they want to be sure not to disturb the tree line.  She said the best time to do construction through the wetland would be in a low-flow condition and typically is reviewed in a pre-construction meeting.  Mr. Beach said this Application also will go to Zoning for site plan review.

Chairman Winters asked for any further public comment.  The Commission asked what de-icing products would be used on the roadway.  Mr. Beach said typically the Town uses Manganese Chloride; Ms. Hahn agreed they can work with Town Staff to use the preferred method.

Commissioner Mihalic made a motion to close the Public Hearing.  Commissioner Cunningham seconded the motion, and it was passed unanimously.

Commissioner Mihalic made a motion that Application #13-01 is a regulated activity because it involves construction of a berm and paved area in a wetland and upland review area.  Commissioner Rieger seconded the motion, and it was passed unanimously.

Commissioner Mihalic made a motion that it is not a significant activity based upon the representations made by the Applicant concerning how construction is going to be undertaken, the measures used to mitigate impact to the wetland, and the fact that there will be a one-to-one tradeoff in disturbed wetland soil by an area being left to be reclaimed by nature.  Commissioner Rieger seconded the motion, and it was passed unanimously

Commissioner Mihalic made a motion to approve the permit subject to:  the conditions of Town Staff regarding construction vehicles, location of fueling, and maintaining fuel paths and such; that construction occurs at such times as agreed to by Town Staff; and that the Applicant will also work with Town Staff to determine best measures for purposes of snow and ice melt on paved areas adjacent to the wetlands.  Commissioner Kottas seconded the motion, and it was passed unanimously.

IV. DISCUSSION AND POSSIBLE ACTION

a. Application #13-02 of Jeff and Jenny Euting, Owners, for the installation of a standby generator in a regulated area to a wetland on property located at 28 Pine Glen Road (Map D16, Block 204, Lot 010).

Commissioner Mihalic read Application #13-02 into the record.  Jenny Euting stated they do not want to lose power again and they are applying to install a generator behind the existing deck.  She said the generator is about 2x3 feet in size and 14,000 kW.  Mr. Beach said impact is minimal, the existing propane tank will be run out from the house, and is before the Commission because the property is located in a wetland.

Commissioner Mihalic made a motion that Application #13-02 is a regulated activity because it involves placing of a 2x3-foot pre-fab concrete slab in a wetland.  Commissioner Rieger seconded the motion, and it was passed unanimously.

Commissioner Mihalic made a motion that it is not a significant activity based upon the facts presented by the Applicant and Town Staff.  Commissioner Rieger seconded the motion, and it was passed unanimously.

Commissioner Mihalic made a motion to approve the permit subject to any conditions that Town Staff may have.  Commissioner Rieger seconded the motion, and it was passed unanimously.

b. Application #13-03 of Michael Wallace, Golf Course Superintendent, Agent for the Town of Simsbury, Owner, for the removal of sediment from the pond on the 15th hole on property located at 100 Old Farms Road (Map D09, Block 147, Lot 6).

Gerard Toner represented the Applicant, stating the proposed plan describes work to be done at the 15th hole on the golf course holding pond for irrigation, which has become overgrown and silted over the years, and there are also geese.  He noted on the diagram where 555 cu. yards of material will be stockpiled and trucked to the de-watering site probably in early fall.  He said the pond material includes leaves and the dug pond is the only wetland area.  He said between the driving range and first hole they may put this material into berms.  Mr. Beach said they would like to create a 4-bay effect at the pond, which primarily has surface flow and not direct flow; he will take a look at it.  Mr. Toner said this is the first time since the pond was constructed that sediment has been removed.  Regarding keeping geese out with a tiny wire around the edge, the Commissioners determined it was not necessary.

Commissioner Mihalic made a motion that Application #13-03 is a regulated activity because it involves dredging material located inside a watercourse or water body.  Commissioner Rieger seconded the motion, and it was passed unanimously.

Commissioner Mihalic made a motion that it is not a significant activity based upon the facts presented by the Applicant and Town Staff.  Commissioner Rieger seconded the motion, and it was passed unanimously.

Commissioner Mihalic made a motion to approve the permit subject to the four-bay being constructed only if it is recommended by Town Staff after inspection of the property, and construction occurs in a time of relative dryness.  Commissioner Rieger seconded the motion, and it was passed unanimously.

V. ADMINISTRATIVE APPROVALS

None.

VI. RECEIPT OF NEW APPLICATION(s)

Mr. Beach stated he received two Applications that will be heard at the next meeting:  1) for 19 Joshua Drive to reclaim their backyard and build a retaining wall along the wetland area in back and re-grade the yard, which is currently all tall pine trees; and 2) a similar Application for 20 Woodchuck Hill.

VII. CORRESPONDENCE/ANNOUNCEMENTS

Mr. Beach said a number of years ago Ensign Bickford applied to take down a large sand hill on Powder Forest Drive leveling the site in preparation for a building site, but nothing has happened.  He said they are now looking for a permit to do a similar process leapfrogging over a wetland at hill bottom to Hop Brook Road with a 3% grade down the undulating hill.  He said their concern regards retaining a natural swale; grading would begin 20-30 feet from the wetland leveling it to the existing grade; and they would dig out a retention basin.  He said their concern is a spot where they are 100 feet from the natural swale and they do not want to have to field verify after the project is under way and would like the Commission's opinion on that before they begin.  He said they are only grading to make it shovel-ready for a future development and suggested they plant meadow grass to increase that type of 20-30 acre habitat for the Town; the area is zoned I2.  He said they will come in to the Commission with any future proposed project and he did not see a need to require them to field verify, if the Commission agrees.  Regarding establishing meadow grass, Chairman Winters noted there is no regulation preventing tearing up meadow grass.  Mr. Beach said the storm staging area was seeded and you cannot tell anything went on there.

Commissioner Rieger said despite his best efforts, his recent public comments have also mentioned that he is a member of the Commission.  The Commissioners noted his testimony that, "I do not speak from any official position or on behalf of any organization."  Mr. Beach said he has been having a dialog recently with MDC's attorney following an email regarding the EIE.  He noted that he has not been reappointed to CEQ after 10 years.  The Commissioners noted the UCONN project is beginning to get some press.  Mr. Beach noted that answers are still not forthcoming; they say UCONN's requested 16-inch pipe will only carry 3 million gallons.  Commissioner Rieger discussed the concern there is not enough water in the Farmington River; the highly regulated west branch does not have enough water to release and cash payments have been made to the dam people because there is not enough water for electricity; there is no water released from the east branch of the river, except in the spring, with no water released in the summer, although they could do so in a disciplined way throughout the summer to enhance the river, and this is the water they want to sell to Mansfield.  He said the DEEP has complained the river areas below the Nepaug and Barkhamsted dams are dead zones and they would like to have more water released; this water that could be given to the river, MDC is now proposing to sell.  Mr. Beach said they are exempt from stream flow regulations; a study by a UCONN law student in 2009 states the '81 diversion from the west bank caused the Legislature to pass a law in '82 creating a state-wide water management plan, but nonetheless exempted existing diversions or registered controls, which were 80% of water users in the State.  He said MDC's attorney indicated if stream flow regulations were placed on MDC, they would have to start drawing water from the west branch in the next 5 years.  Regarding Mr. Hampton's bill that there will be no diversions until there is state-wide water planning, Commissioner Rieger said in 1985, State law mandated 7 regional water plans, but the region UCONN is located in has never met; so the regional plans don't exist and there is no mechanism for a State plan.  Mr. Beach added that plan is supposed to divide the State's water and that part of the State has not been declared anybody's turf and MDC as a State agency is exempt.

VIII. APPROVAL OF MINUTES of January 15, 2013

Commissioner Rieger made a motion to approve the minutes of January 15, 2013, as written.  Commissioner Kottas seconded the motion, and it was passed with Commissioner Sexton abstaining.

IX. ADJOURNMENT

Commissioner Mihalic made a motion to adjourn the meeting at 8:45 p.m.  Commissioner Rieger seconded the motion, and it was passed unanimously.

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Ryan Mihalic, Secretary