Conservation Commission/IWWA Minutes 02/19/2013 ADOPTED
CONSERVATION COMMISSION/INLAND WETLANDS
FEBRUARY 19, 2013
MINUTES FROM REGULAR MEETING
I. CALL TO ORDER
Richard Miller, 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: Alan Needham, Darren Cunningham, Ryan Mihalic, Margaret Sexton, and Margery Winters. Also present were: Howard Beach, Conservation Officer; Janis Prifti, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
None.
III. PUBLIC HEARING(s)
None.
IV. DISCUSSION AND POSSIBLE ACTION
1. Application #13-04 of Stephen Salomonnson, Owner, for tree removal, terracing, retaining wall, driveway modification, planting, and seeding in an Upland Review Area to a wetland on property located at 19 Joshua Drive (Map C07, Block 212, Lot 009).
Mr. Salomonnson stated he purchased this property in 2011 and proposes making the backyard more functional and safer to use. He went to the Town Offices to obtain a plot plan and met with Mr. Beach to discuss the layout and learned about the wetlands they were unaware of. He said 3 pine trees have fallen during their ownership of the property, with the potential for more to fall. He introduced Michael Kline, their Wetland Scientist.
Mr. Kline, Biologist and Soil Scientist, said Hodge Surveyors marked the wetland boundary of the property; it is a 2-acre lot with almost half being wetlands. He said pines were densely planted about 50 years ago in a tall telephone growth form with top heavy vegetation susceptible to wind throw and, due to crowding, are not that healthy. He described the property layout with moderate-sized wetlands, poorly drained organic soils saturated near the surface most of the year, and a narrow transition zone along the edge into deeper wetland soils. He said while that type of wetland has biological and hydrological attributes for a full range of values, here, due to its small size and not being connected to another wetland system, its value is somewhat limited. He said the correct approach to this property does not require any activity in the wetland and the proposed plan acts to enhance transition into the wetlands. He noted a dashed line on the plan representing the conservation easement edge established many years ago is respected in this design. He said their proposal establishes a distinct limit to the yard edge and they will put in native plant materials in the circles both behind the wall and on slopes establishing a native buffer and on the wall top. He said additionally the pale green area would be developed with no-mow native fescues seed mix that is drought resistant, doesn't require fertilization, and establishes a buffer zone without significant lawn maintenance.
Mr. Kline said the property is well-situated for orderly construction with straight driveway access to the backyard; a segmental block retaining wall with a shallow stone footing, level, free-draining base; only an 18-inch wide trench backhoe excavated with erosion control installed prior; the stone base will be laid up to the original grade with 2-3 courses backfilled behind that and the wall advanced vertically upward as backfill is brought in, so at all times there is a wall barrier and silt fence barrier between the activity and wetland. Regarding removal of material in the graded area, he said it will be balanced but is a net fill with the wall built in a series of layers, including geo-textile material so the wall is higher than the fill behind it. He said some material will be brought in and passage of yard runoff will be very slow, infiltrating into 12-inches of stone behind the wall with a drain parallel to the wall and bottom weep holes allowing wetland recharging. He said the height of the wall varies from 6-7 feet at its highest and quickly tapers back.
Mr. Kline said remaining site areas would be either mulched or turfed, depending on soil tests. He said the current sandy soils provide a fair amount of infiltration and this plan continues that. He said the stockpiled soil location will be at the contractor's discretion and noted the probable area. He said the project will take about 4-5 weeks in the spring. He did not see any vernal pools in the wetland during August/September. Mr. Beach said the wall basically acts like a silt fence and a silt fence will be around the stockpile. Mr. Kline said the initial silt fence will be the entire length of the property and once earth moving is complete, they will seed and put plants in starting at lower elevations with zero disturbance of the conservation area or wetland. Commissioner Winters noted that ? has been heavily attacked by beetles and the Hydrangea Circa folia is more of a southern species. Mr. Kline said they would be willing to substitute more area appropriate plants.
Regarding the terrace, he said it would be a native or open-jointed pre-cast block material and its foundation depth less than 18 inches. He said runoff will probably decrease because the grade changes from 10% to 1% allowing drainage. He confirmed no trees will be cut in the conservation area, which contains mostly saplings. Regarding the planting sizes, Mr. Kline said the Shadblow are 6-8 feet high, multi-stem and the rest are spec'd at 18”-24”; there are 146 shrubs and 6 trees. He said the design defines the yard edge significantly keeping people on one side, whereas currently there is a lot of open area. He said the owner will have an incentive to maintain the materials at the top of the wall and materials behind the wall should do well. The Commissioners suggested the Applicant check with Mr. Beach in 6 weeks regarding timing to begin and to carefully monitor tree removal work. Mr. Kline said the silt fence will go in first and no one should go past it.
Commissioner Mihalic made a motion that this is a regulated activity because it involves removal and deposition of material in the upland review area adjacent to a wetland. Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Mihalic made a motion that this is not a significant activity based upon the information presented by the Applicant and the steps proposed to be taken to mitigate impact to the wetlands. Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Mihalic made a motion to approve the permit subject to the conditions the Applicant talk to Town Staff before beginning construction and the Applicant consider the recommendations for plantings made by the Commission. Commissioner Cunningham seconded the motion, and it was passed unanimously.
At 8:05, Commissioner Cunningham recused himself.
2. Application #13-05 of Peter and Kristin Pabich, Owners, for clearing, leveling, and seeding in a regulated area to a wetland on property located at 20 Woodchuck Hill Road (Map A09, Block 440, Lot 0003).
Mr. Pabich said they would like to have a backyard as their family will have a new arrival in April. He stated his respect for the width of at least a 10-foot buffer on all sides. He views this as a yard project, which was previously seeded with a wild flower mix; he has no intention of doing a lot of lawn mowing or ever using any weed control products. He said a significant Farmer's Wall exists through the back acting as a natural retaining wall for the project. He said on his drawing, the red represents the wetland, the orange area will be leveled, and fill will come from offsite, with the 194 grade extended all around. He said currently the area is mowed but it is not a lawn; there is a lightly wooded area with some trees in the center to be removed and stumped; no wetland trees will be removed.
Mr. Pabich said fill depth is 4 feet with a few inches of top soil and stones from the existing stone wall will be moved by equipment brought in to provide area for a backyard. He said the star-shaped wetland was previously a mowed farmer's field. He confirmed that beyond the map square the existing vegetation will remain. Mr. Beach said no fill has been brought into the area lately. Mr. Pabich said the contractor will keep his equipment out of the sensitive wetland and access will be behind the house. He said the dark patch was the silt fence during house construction. Regarding marking the wetlands, Mr. Beach said the fence will be 10 feet outside the wetland area with a rubble wall slowly grading down to the wetland.
Mr. Pabich said this work probably will be done in April in a 3-4-day period; the first phase for tree removal could be done before that so as not to disturb nesting birds. He reiterated there will be no ChemLawn-type activity in his yard.
Commissioner Mihalic made a motion that this is a regulated activity because it involves deposition of material and work in an upland review area adjacent to a wetland. Commissioner Sexton seconded the motion, and it was passed unanimously.
Commissioner Mihalic made a motion that this is not a significant activity based upon the representations of the Applicant and the steps that are going to be taken to mitigate impact to the wetland. Commissioner Sexton seconded the motion, and it was passed unanimously.
Commissioner Mihalic made a motion to approve the permit subject to any conditions of Town Staff in the Staff Report. Commissioner Sexton seconded the motion, and it was passed unanimously.
V. ADMINISTRATIVE APPROVALS
None.
VI. RECEIPT OF NEW APPLICATIONS
None.
VII. CORRESPONDENCE/ANNOUNCEMENTS
Mr. Beach said an email went out with a request from Mr. Peck that the Commissioners review and approve the proposed 130-page Stormwater Management Plan for the Center Zone. Mr. Beach requested the Commissioners inform him if they do not receive the emailed Plan. He said contractors will now need to review the Plan to see if it applies to them as part of Zoning. He reviewed that following the Charrette, there was a build-out plan with the first couple of sites expensive to build. He said currently the State is appraising the old freight yard for sale to the Town for development; the State will retain ownership of the rail line. He asked the Commissioners to read the first 10-15 Plan pages, as most of the material are examples; and the Plan will be on the next agenda for approval.
VIII. APPROVAL OF MINUTES of February 5, 2013
Chairman Miller tabled approval of the February 5, 2013, minutes to the next meeting as a quorum of members was not present.
IX. ADJOURNMENT
Commissioner Mihalic made a motion to adjourn the meeting at 8:30 p.m. Commissioner Sexton seconded the motion, and it was passed unanimously.
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Ryan Mihalic, Secretary