Conservation Commission / IWWA Minutes 03/07/2017
CONSERVATION COMMISSION/INLAND WETLANDS
AND WATERCOURSES AGENCY MINUTES
MARCH 7, 2017
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: Margery Winters, Charles Haldeman, Craig MacCormac, Jason Levy, Jim Morrison, Darren Cunningham, Donna Beinstein, and Donald Rieger.
1. Appointment of Alternates
Chairperson Winters appointed Charles Haldeman to serve for the vacancy.
III. PUBLIC HEARINGS
1. None
IV. OLD BUSINESS
1. Applications:
a. Application #17-02 of Dorset Crossing LLC, Owner, to demolish existing culvert and install a new 5’x4’ box culvert as a result of the re-subdivision of 115 Casterbridge Crossing (Assessor’s Map H04, Block 403, Lot 13A-G) and 130 Casterbridge Crossing (Assessor’s Map H04, Block 403, Lot 13A-D). Zone PAD. (received 01/17/2017; 30-day extension granted, decision must be rendered by 04/22/2017)
Chairperson Winters noted that the Applicant’s for #17-02 have asked for a 30-day extension.
b. Application #17-04 of Kevin Kowalski, Simsbury Volunteer Fire Company, Applicant; Town of Simsbury, Owner; for the construction of a playscape on the property located at 22 Iron Horse Boulevard (Assessor’s Map H09, Block 226, Lot 003A) and the property adjacent to the southern boundary of the same (shown on the Assessor’s Map as Map H10, Block 226, Lot 002).. Zones SC-3, SC-4, and R-40. (to be received 03/07/2017; decision must be rendered by 05/11/2017)
Chairperson Winters read Application #17-04 into the record.
Kevin Kowalski represented the Simsbury Volunteer Fire Company proudly for their proposal to install one item within the playscape operation at Rotary Park. He noted the Simsbury Volunteer Fire Company will celebrate its 75th anniversary in 2019; and they are fundraising to donate a playscape fire truck to be placed in a vacant area within the existing Rotary Park playground. They have walked the play area with PAC, Rotary representatives, and Mr. Toner of Rec and Parks. He showed the Commissioners on an overhead map the proposed location adjacent to the gazebo. He said it would include about 500 sq. ft. of rubber base material underneath the prop, but the specific rubber type has not yet been identified; this material was chosen in lieu of wood chips as a cleaner, safer material for the kids; the 2-part rubber product would be poured in place by a contractor; and the Volunteer Fire Company would do 6-8+ inches excavation for the approximate 500 sq. ft. area and described it as a small operation contained within the fenced park area. Commissioner Morrison asked if the rubber would be underlayed by concrete. Mr. Kowalski responded it would not, but would have 2 parts: 1) fiber; and 2) rubber, which is 100% recycled and allows water to penetrate with an absorption rate of about .4 gallons per sq. yd. that is consistent with existing site material. Commissioner Morrison noted the existing material seems to drain pretty well. Chairperson Winters asked what is currently in the area. Mr. Kowalski responded it is grass with 2 trees of questionable health that they plan to remove along with stripping sod and removing organics prior to pouring the spec. He said 4 posts would be cemented into the ground with panels bolted to them; it would have a floor, ramp, concrete stanchions, and some other points that will tie into the ground. He showed the Commissioners a photo with “Engine 75” on the prop for their 75th anniversary.
Commissioner Rieger commented it is a lovely project and a great public service that the Volunteer Fire Company proposes to do. He continued that regrettably it falls into a place where this Commission has been having problems for a long time; there are a number of existing violations in that area, including: 1) the wetland closest to this area being partially filled by the Dog Park in violation of its permit; and 2) the oldest violation that the gravel road running from the farm road by the boathouse up toward Helens Way, for which the Town has been asked to bring the parties in to discuss remediation with the Commission, but they have not done so repeatedly, and they said the Fire District did it. He continued that the Commission probably ought not to approve this at the moment and take the opportunity to deal with the violations that are here. He noted the Commission has been waiting for about a year for promised workshops to take place to deal with these violations. He felt the Commission has been played and hated to suggest holding this project up for this reason, but the Commission does not have many levers. He quoted from an article in this month’s Atlantic on how to build an autocracy, “The way that liberty must be defended is not with amateur firearms, but with an unwearying insistence on the honesty, integrity, and professionalism of American institutions and those who lead them.” Commissioner Rieger believed that the Commission deserves to be dealt with in a forthright way by the Town, which is the Applicant in this case, and while that is not occurring he believed the Commission should not be approving anything.
Mr. Kowalski responded with respect to set the record straight that the road in the back is not a Fire District required road, but a requirement to the Town that if they wanted to continue shooting off fireworks in that field there has to be a way to get fire trucks in there, but the Fire Company did not contract any company to dump dirt on the ground and it was not a Fire District requirement that they build a road; the problem was that for 4 years they got stuck in the swamp back there. He asked that the Commission not hold this Simsbury Volunteer Fire Company project hostage over the Town continuing to hold fireworks in this area; the Fire Company is an entity incorporating volunteer members and is not a Town employee entity. He did not understand the impact of this 500 sq. ft. excavation area in Rotary Park on infilling the brook; and as they always do in following Town rules, the Fire Company would put up protective fencing to keep sand/silt away. He said they have ordered the prop and hope to place it at this location and that the Commission not hold the Fire Company hostage for actions by the Town from many years ago. Commissioner Rieger responded that he was not suggesting there was anything wrong with this project at all, but according to regulations the Town is the co-Applicant and property owner, and the Commission needs to get the Town’s attention. Chairperson Winters noted in the Staff report a discussion of reinstating the bioswale and asked how that would work. Mr. Glidden responded that an Applicant is requesting permission to conduct regulated activities and the Commission has the right to ask about potential impacts from those activities and, as Commissioner Rieger suggests, could bring up the status of other regulated activities occurring or corrective actions; resolution on one could be tied to another, e.g. perimeter swales were shown when the bioswale was discussed in the past when playground/soccer fields were originally approved. Commissioner Cunningham felt the Fire Chief is not a position to put in a berm. Mr. Glidden presented information to the Commission that these were previously requested improvements associated with historic approvals and granting the permit could be conditioned on this regulated activity restoring that area. Chairperson Winters added that could be a way of getting what the Commission has asked for more rapidly; and asked if the Town as the co-Applicant needs to be present. Mr. Glidden suggested a potential meeting to develop a game plan prior to the next Commission meeting, if Mr. Kowalski agrees. Mr. Kowalski responded he would meet the Commission’s requirements, but did not want to see this project held hostage. Chairperson Winters indicated that unfortuneatly there have been other problems occurring in this area and the Town is the co-Applicant. Mr. Glidden suggested looking initially at the area specific to this project and having the Town come in with an Application specific to the fireworks road constructed in the field or to discuss corrective actions with the Commission.
Commissioner Haldeman asked about the timeline for the Fire Company’s project. Mr. Kowalski responded they have ordered it, and due to high use the Recreation Department wants to see the prop go in as quickly as possible. He said they will put the fencing up and hope it will be installed in a 2-3 week timeframe. He said they have expended about $23K so far for the unit, and they are working on funding for the $11K rubber base to assure it is water permeable material; and 2 very good contractors are donating their time, material, and equipment to install the prop. Chairperson Winters asked about a target date. Mr. Kowalski indicated it was prior to Memorial Day, but did not want it dependent upon a road being removed. The Commissioners commented that if a co-Application were received from the Town, the project could likely move forward. Mr. Glidden indicated he tried to locate the 500 sq. ft. of disturbance within 50 ft. of mapped wetlands on the latest map, but did not find this is an acceptable plan to show location and grading. Unrelated to discussion of violations, Mr. Glidden as the Commission’s Enforcement Officer, recommended Staff work with the Applicant to revise the Application, because if it were approved today he could not tell the Commission whether the construction would be in conformance with this site plan. He noted while planned disturbance is limited to scraping/removing dirt from the site, it was not clear if the pad had expanded given historic issues discussed by the Commission. Mr. Glidden planned to work with Mr. Kowalski to determine metes and bounds of disturbance on a scale plan, along with erosion/sediment control measures around the area of disturbance, along with discussion of who would handle swales and storm water, and asked if the Commission would be more satisfied with that approach. Commissioner Haldeman commented that level of detail would be asked of any other applicant and this Application is not currently to that level of detail, which puts it back one meeting in 2 weeks; however, the question is whether the Town will respond in that timeframe. Chairperson Winters asked if that is a realistic timeframe for the Town to meet. Mr. Glidden will work to press resolution of some of these issues as he is the Commission’s Enforcement Officer and also works for the co-Applicant; other issues will likely not involve Mr. Kowalski. The Commissioners regretted Mr. Kowalski becoming involved in an ongoing problem with the Town. Commissioner Haldeman commented that some issues would be addressed to move forward; and Mr. Glidden suggested that conversation could move toward resolution. Commissioner Morrison acknowledged the Town cannot come up with an application for every issue identified at this complex, but at least one application to deal with one piece and a schedule moving forward to address the other issues identified, as previously requested. Commissioner Rieger added that could include a firm undertaking for quite soon and frequent workshops to deal with these issues, as promised. Commissioner Haldeman continued it could start with one application for one issue in 2 weeks to begin moving forward on all the pieces, and the Town has had quite a while to think about it. Chairperson Winters regretted holding up the playscape, but hoped the Town would move forward on requested Commission resolutions. . Mr. Glidden indicated he would relay that message. Mr. Kowalski asked if the Town does not respond within 2 weeks, will this Application be put on hold again. Commissioner Cunningham indicated the Applicant has a statutory right requiring the Commission to act by May 11th to approve/disapprove the Application. Chairperson Winters reiterated it is unfortunate for this lovely project to be tied into these outstanding issues, which were hoped by the Commission to be resolved earlier with the Town. Mr. Kowalski will work in the meantime with Staff to develop an accurate site plan and with the unit product manufacturer to determine the actual rubber base amount; he will have to go back to Zoning with the site plan amendment; Mr. Glidden noted Zoning has 65 days to act on the Application. Mr. Kowalski indicated Zoning cannot act without a referral from this Commission; and the Commissioners reiterated that more information is required before this Application can be approved.
Commissioner Haldeman made a motion to table Application #17-04.
Commissioner Levy seconded the motion and it was passed unanimously.
V. NEW BUSINESS
1. Receipt of New Applications
None.
VI. GENERAL COMMISSION BUSINESS
1. Correspondence
Mr. Glidden provided the Commission an invitation for a forum being held by the Town of Simsbury, Simsbury Land Trust, Canton Land Trust, and Farmington River Watershed Association concerning forest stewardship on April 17th at the Simsbury Public Library from 6-7 p.m. Commissioner Rieger recalled a request to reaffirm the Onion Mountain Management Plan that was tabled due to this forum being developed by Helen Petersen and Lisa Heavner to help Town officials and residents have a clearer understanding of forest management in order to make a decision about the Onion Mountain proposed plan. Mr. Glidden noted Helen’s email on the back of the form and her request to receive RSVPs by Monday, April 10th.
Commissioner Rieger noted this Commission’s water ordinance recommendation to the BOS goes to Public Hearing on Monday, March 13th, at a regular 6 p.m. BOS meeting; Mr. Glidden advised Agenda items are grouped and he will forward that Agenda to Commissioners.
2. APPROVAL OF MINUTES of the February 7, 2017 Regular Meeting
Chairman Winters accepted for the record the February 7, 2017 Regular Meeting Minutes, as written.
3. ADJOURNMENT
Commissioner MacCormac made a motion to adjourn the meeting at 8:04 p.m.
Commissioner Levy seconded the motion, and it was passed unanimously.