Conservation Commission/IWWA Minutes 04/16/2013 ADOPTED
CONSERVATION COMMISSION/INLAND WETLANDS
APRIL 16, 2013
ADOPTED MINUTES FROM REGULAR MEETING
I. CALL TO ORDER
Margery Winters, Acting Chairman, called the Regular Meeting of the Conservation Commission to order at 7:40 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were: Darren Cunningham, Margaret Sexton, and Donald Rieger. 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 Alan Needham.
III. CEASE AND RESTORE
a. Emergency re-grading and stabilization of dredged material in the wetland adjacent to Owens Brook
Commissioner Cunningham made a motion to table discussion. Commissioner Rieger seconded the motion, and it was passed unanimously.
IV. DISCUSSION AND POSSIBLE ACTION
a. Application #13-08 of Maglieri Development LLC, Owner, for a new swimming pool in the Upland Review Area to a wetland on property located at 8 The Glade (Map C05, Block 203, Lot 025). Zone R-80OS.
Greg Maglieri stated the spec house approved last September has been built and is under contract and the couple wants to have a pool. He provided the Commissioners with a copy of the proposed plan layout indicating the pool's location about 31 feet from the wetlands at the closest point and within boundary and side yard requirements. He said they may want to extend the retaining wall near the walk-out basement shown in the photo from the current 8-10 feet about another 2 feet. Mr. Beach stated that Greg and he discussed an 18-inch area on either side providing a level area with no need for a retaining wall; the turf would be removed, the area re-graded, and the turf put back in. Mr. Maglieri said there would be no pool backwashing and any discharge would go to the left side of the driveway; e.g. when the winter cover is put on the pool, a small amount of water would be pumped toward the left side of the property, not toward the wetlands side. Mr. Beach added any water would be pumped toward the front of the property, as the grade goes directly toward the wetlands.
Regarding the construction date, Mr. Maglieri said by the end of the month a contract will be drawn up with Aqua Masters, who will set the timeframe. He said when they come in for the permit the silt fence will be up. Mr. Beach stated there is a 15-foot buffer and the pool doesn't come close to that buffer. Regarding any intermittent watercourse, Mr. Maglieri said there is mulch and the planting sizes as spec'd and Mr. Beach has inspected the site. Mr. Beach said an additional 15-foot conservation strip was staked and after plantings went in he verified it was still there. Regarding a pipe into the property, Mr. Maglieri said the Town put it in during the subdivision and it may be 100 feet to the end of the culvert; there is an open flared end section that was left - the 15" RCP on the map showed where it ends. Mr. Beach confirmed where it runs is about 140 feet to the road edge; he showed where the wetland starts and picks up, the ridge behind, with groundwater coming out across the street. Commissioner Sexton noted the elevated area on the Topo looks like a natural ridge before the watercourse. Mr. Beach said it was a high area and a lot of material was taken off and that is why they have a walkout basement with grades coming into the side wall, so they did not have to do a lot of filling in that area.
Commissioner Rieger made a motion that this is a regulated activity as it involves construction and removal of material in an upland review area. Commissioner Cunningham seconded the motion.
Commissioner Rieger made a motion that the Commission finds it is not a significant activity as it does not involve significant impact upon the wetlands or the watercourse. Commissioner Cunningham seconded the motion.
Commissioner Rieger made motion that the Commission grant the requested permit conditioned upon Town Staffs' permit condition being satisfied that if water is drawn down it be pumped to the north toward the driveway and not toward the wetlands. Commissioner Sexton seconded the motion, and it was passed unanimously.
III. CEASE AND RESTORE
a. Emergency re-grading and stabilization of dredged material in the wetland adjacent to Owens Brook
Mr. Beach provided Commissioners Rieger's photos to the Commissioners. He said that Public Works, last fall after the October storms, cleared out the culvert, incrementally adding 10-foot segments in an attempt to clear the pipe to about 300 feet. He said the mini-excavator was not used in the stream, except for the bucket pulling material out of the stream as shown by the piles of muck along the stream sides. He said the drainage pipe comes out from Horse Shoe Circle on the south side of the road and the storm pipe goes under the road and ends with a manmade trench back to Owens Brook. However, the clearing was extended too far in attempting to clear the stream and there are many downed trees in the area due to the storm. He said the new head of Public Works, Kevin Clemens, and he decided to restore the area before spring storms as a cease and restore ordering it to be cleaned up. He requested Ms. Winters, as a botany expert, take a look at the area with a goal of leveling it out to prevent creation of another channel. Commissioner Winters commented the side walls of the stream are steep with no roots to hold and prevent erosion and no light. Mr. Beach said they had the crew bring in a couple of truckloads of composting leaves, which were run over to leave tracks and help hold the material. Ms. Winters said the material pulled up is extremely sandy and for anything to grow the composted material will bind it together and fungi will get in there, bind the roots together, and prevent the soil from washing out. She said the composted weeds should be used for these types of projects. Mr. Beach noted it was surprisingly well composted material.
The Commissioners discussed ways to keep this type of clearing from happening again. Mr. Beach has offered to provide a half-hour lecture at the Town Garage and has clarified that anything more than 5 feet from a structure requires them to call him for a permit. He has discovered a 2nd past problem site at McLean and has advised Mr. Clemens they will need to come in and go through the full permit process. Commissioner Rieger stated, under Section 10.7 of the new Regulations, the Commission would not be able to give a permit related to McLean. Mr. Beach said this occurred 6 months ago and the right side of the road is Town open space, but the other side of the road is not. Commissioner Winters added education about tree roots is also needed, as they banked up material around the tree collar, which will likely result in another tree falling. Mr. Beach said the McLean area is within 20 feet of the Town line and while it is not mapped as a wetland, it has a watercourse, and the work done was within 100 feet of the watercourse. The Commissioners discussed the benefit of mulched material. The Commissioners discussed aspects of training and suggested setting up a regular seasonal schedule. Commissioner Winters added she is not convinced sandy soil doesn't erode.
Mr. Beach has explained to the Town crew that if the area contains any hydrophytic vegetation, unless it is within 3 feet of the culvert, they cannot touch it under Federal law, with a $1000/day fine, and he plans to provide further information about this to the crew.
IV. DISCUSSION AND POSSIBLE ACTION
b. Stormwater document
Mr. Beach said that Rich Sawitzke wants to add a paragraph preserving long-time work experience. He cited the issue of applying LID everywhere; however, R160 4-acre lots are hardpan and ledge and do not infiltrate; so a caveat paragraph would say when LID principles do not fit, then they default back to what has always been done. Since the other Commissions have adopted this document, Mr. Peck has requested the Conservation Commission's adoption of it and when Mr. Sawitzke amends it, all the Commissions will adopt the amended version at the same time. He said while 99% of the document applies to the Center Zone, it was subsequently adopted for the whole Town. Regarding a date to adopt this document, the Commissioners felt they would like more members in attendance and decided to wait until the next meeting.
V. RECEIPT OF NEW APPLICATIONS
a. Application #13-10 of JoAnn Patrick, Owner, for the construction of a sun deck in the Upland Review Area to a wetland on property located at 6 Knollwood Circle (Map H03, Block 408, Lot 015). Zone R-25.
Mr. Beach said Mr. Sawitzke advised him this Application can be approved administratively. He said it is an extension to an existing deck with 3 sonotubes put in by hand 65 feet from the wetlands with mowed lawns. He said it is in an R-25 denser development off Firetown Road.
VI. CORRESPONDENCE/ANNOUNCEMENTS
Following Ryan Mihalic's resignation from the Commission due to his relocating for a new job, Mr. Beach requested anecdotes from the Commissioners to put in a letter thanking Ryan for his service.
VII. APPROVAL OF MINUTES of March 5, 2013
Mr. Beach clarified the same people do not have to be present to approve minutes. Chairman Winters added a majority of members were present to approve the minutes.
On Line 11, the name "Margaret Sexton" is corrected to "Donald Rieger".
On Line 49, the words "stormwater municipalities" are changed to "a municipal stormwater system".
On Line 80, the words "algae, ? and duckweed" are revised to "algae and duckweed."
On Line 111, the name "Robertson" is corrected to "Robinson".
Commissioner Sexton made a motion to approve the March 5, 2013, minutes as amended. Commissioner Rieger seconded the motion, and it was passed unanimously.
Regarding the Regulations, Mr. Beach said 35 days’ notice to DEEP is required and they have responded they don't review them, but advised the Town Attorney should do so.
Commissioner Rieger noted in 4.2.c., page 12, "hudrant" should be spelled "hydrant".
Commissioner Rieger said in the 2nd line of 8.4, "of the Connecticut General Statutes" should be inserted following the section reference.
Commissioner Rieger said in 7.11.c. regarding conservation and preservation restrictions, he is not sure whether "holders" works well or it should be "parties intended to be benefited thereby", e.g. the Bosworth restriction intended to benefit the other property owners, but there were no holders.
Commissioner Rieger said 7.5 lists the things to be furnished in the Application and suggested making the Applicant tell the Commission whether there is a restriction; adding to the list as n., "Whether the property is subject to a conservation restriction or a preservation restriction, and if so, what persons and/or organizations are holders of such restrictions and/or intended to be benefitted thereby." He said this acts to put Applicants on record.
Commissioner Rieger read in 14.2, "Make regular inspections at reasonable hours of all regulated activities for which permits have been issued with the consent of the property owner"; in the Application "consent" was given and the word should be changed to "notice". Mr. Beach clarified this is the wording of the statute and the Town cannot override the Legislature, although clarification can be made. The Commissioners discussed if the permit gives consent of the property owner in the Application and whether the Commission can define it further. Mr. Beach said the Town Regulations were completely re-written in 2006 in compliance with their Regulations. Commissioner Rieger suggested taking the phrase, "With the consent of the property owner or the authorized agent of the owner having been given in the permit application, the agency or its agent may make" and moving it to the front of the sentence. Mr. Beach said there are many properties in Town that are encumbered by conservation easements, e.g. Joshua Drive. Regarding who is the holder, Mr. Beach said they are on the deed of each property. However, at Powder Forest he said every time a piece of property is sold a new mylar is filed for the entire subdivision, making for voluminous records to research.
VIII. ADJOURNMENT
Commissioner Rieger made a motion to adjourn the meeting at 8:45 p.m. Commissioner Cunningham seconded the motion, and it was passed unanimously.
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