Conservation Commission / IWWA Minutes 04/01/2014 ADOPTED
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
APRIL 1, 2014
REGULAR MEETING
I. CALL TO ORDER
Vice Chairman, Margery Winters, called the Regular Meeting of the Conservation Commission to order at 7:35 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were Jim Morrison, Patrick Kottas, Bertram Kaplan, Darren Cunningham, Margaret Sexton, Jim Morrison, and Donald Rieger. Also present were Howard Beach, Conservation Officer, Janis Prifti, Commission Clerk, and other interested parties.
II. APPOINTMENT OF ALTERNATES
A quorum was present.
III. ELECTION OF OFFICERS (to be removed from the Agenda)
IV. PUBLIC HEARING(s)
a. Application #14-02 of Thomas Evans, Owner, for the development of the parcel into a mixed-use development to include retail uses, offices, and gasoline sales in the Upland Review Area to a wetland on the property located at 155 Hopmeadow Street (Map F17, Block 201, Lot 002A). Zone I-1. (Hearing closed March 18, 2014)
The Application was read into the record.
A Draft Decision was discussed by the Commissioners and that the conservation aspect could be commented upon separately from a wetlands regulatory decision. The commission began as a Conservation Commission before there was a wetlands law, at which point it became a combined conservation/wetlands commission.
Commissioner Rieger made a motion the Commission adopt the Draft Decision as its decision on this Application. Commissioner Sexton seconded the motion.
The Draft Decision was read into the record.
The Commissioners reviewed information provided by the Applicant regarding pervious pavement. Tertiary containment was proposed by the Applicant using a malleable plastic liner with the tanks set in the liner area; the Commissioners discussed the sensors, number of wells, and agreed the pipes and dispensers also need tertiary containment consistent with that agreed to by the Applicant for the tanks. The Commissioners noted the Applicant’s proposal that all dispenser nozzles must be held open by the user. Regarding the comprehensive quarterly report including details of any leaks detected and the response, it was reviewed that the State requires reporting of any spill, but the spill must be detectable to be reported. Town Staff confirmed under the law any time fuel is spilled a report is received from DEEP. The Applicant had offered to provide the report and it would build a history over time regarding maintenance for any spills. It was noted monthly State reporting requirements must be met by the Applicant. The Commissioners discussed that a spill would be on top of the ground and a leak would be under the ground; if a leak was detected, the Applicant must report it to the Town in their quarterly report. It was recalled that a 200-gallon/day leak must be reported to the State; if they failed annual tightness testing, that would also be reported to the State. The Applicant represented that when any station alarm goes off it automatically goes to corporate, and Town Staff requested inclusion in that system in order to timely receive those reports. Regarding the monitoring wells installed around the tanks being sampled at least quarterly, the Commissioners agreed to change "sampled" to "gauged". Training and certification is required by the State with inspection every three years; annual tank registration is every year; and if records are held in the site office, Town Staff would be able to inspect them at any time, rather than sending training records in; and these onsite records would include daily housekeeping to remove debris.
Commissioner Rieger modified the motion that the Commission adopt the Draft Decision, as amended. Commissioner Kottas seconded the motion, and it was passed with Commissioners Cunningham and Kaplan abstaining.
V. DISCUSSION AND POSSIBLE ACTION
a. Application #14-04 of Terri-Ann Hahn, LADA, Applicant; Town of Simsbury, Owner; for the installation of 70 cubic yards of fill to construct the patio of the Simsbury Veterans Memorial in the Upland Review Area to a wetland on the property located at 725 Hopmeadow Street (Map G10, Block 203, Lot 049). Zone SC-1.
Following the Commission's previous approval of the Veteran's Memorial, the Applicant appeared at the Design Review Board (DRB) which resulted in a design modification and they have now returned for Commission approval of the change. The previous layout was shown to the Commissioners; however, the Applicant was made aware at DRB of a future potential pond in the area as provided in the Charrette. The veterans have continued to focus on the memorial relating to the streetscape without interfering with a potential pond, but that would allow only one place to have a pathway. The current design was provided to the Commissioners and included more pillars with more incorporated elements and somewhat different entablature; visitors would come off the sidewalk through grass onto the plaza with four stone columns containing the names of Simsbury residents killed in action with faces/uniforms appropriate to the names on the columns beginning with the American Revolution and a backside facing the pond with carved elements from the Declaration of Independence, Constitution, etc.
The flagpole structure requires a setback and would be located in the lawn area at the start of the curve, with the flagpole visible first from the street and then the columns; this would provide flexibility for future changes behind it, e.g. a pond. As a consequence, there would now be approximately 900 sq. ft. of disturbance in the upland review area which is a modification to the previously issued permit; this would provide a nice slope down to the pond edge and walkway. An erosion control plan was provided and silt fence would be used with controlled fill; the plaza would be smaller and include pavers; there would be granite columns with a granite swath. They would be removing mostly damaged trees and scrub from the area with one tree near the street to be protected and the Town would maintain the area with simple mowing. The plantings were described as providing a natural condition, including PJMs blooming by Memorial Day and Ilex small shrubs, Mountain Laurel, the state flower would also be considered. The slope would be meadow mix with a higher grass area and leaf litter left and not a manicured area.
The Commissioners emphasize that a pond would require separate approval and that a case had not been made for it.
Commissioner Kaplan made a motion to approve the permit modification. Commissioner Kottas seconded the motion, and it was passed unanimously.
VI. DISCUSSION
a. Update on Meadowood soil remediation
Town Staff reported that over 25,000 cu. yards of soil, 1 1/2-feet deep over 10 acres has been removed to certified landfills in Massachusetts. As part of the agreement to re-establish the wetland, they are bringing in about 20,000 cu. yards of clean topsoil with organics beginning in the next two weeks. To take advantage of the cold weather, they have been hauling up to 90 truckloads/day. The material will go back in at a slower pace and should be completed within the next month; luckily, the material will be from Powder Forest's clean stockpile of fill. The wetland would then be formally re-established and under the Army Corp permit they must maintain proper hydrology and other requirements; if the site is free of invasives for 3 years that could shorten the 5-year mandatory inspection verifying the site is established. That would complete required site remediation prior to issuance of any building permits; however, the developer currently does not see demand in the housing market and only plans to plant the site.
Town Staff reviewed that between Barndoor Hills Road and Scarborough, land is leased by the Town for organic farming and for organic certification a certain number of tons of manure are required to be brought in; neighbors have complained and a new plan is being developed.
VII. RECEIPT OF NEW APPLICATIONS
None.
VIII. CORRESPONDENCE/ANNOUNCEMENTS
The Commissioners were provided information on online maps. The Commissioners discussed the Town boathouse and debris currently going into the river; Town Staff will check into it. It was also noted that the Open Space Commission is meeting 4/2/14 and feedback will be provided at the next meeting.
IX. APPROVAL OF MINUTES of March 18, 2014
On Line 46, the words "storm scepter" are changed to "Stormceptor".
On Line 84, the word "if" is deleted.
On Line 141, the word "deadem" is replaced with "deadman".
On Line 159, the words "10-foot diameter" are deleted.
On Line 163, after the word "and" insert "a".
On Line 164, the word "ballers" is replaced with "ballards".
On Line 173, the word "Vitaroot" is corrected to "Veeder-Root".
On Line 252, the words "dead man" are changed to "deadman".
On Line 257, the word "risk" is changed to "for risk".
On Line 269, the word "brownfield" is changed to "brownfields".
On Line 308, the word "Vataroot" is corrected to "Veeder-Root".
On Line 437, the words "and suggested historic uses could be looked into".
On Line 487, the word "footings" is changed to "posts".
On Line 506, the word "scratch" is changed to "track".
Commissioner Rieger made a motion to approve the March 18, 2014 minutes, as amended. Commissioner Cunningham seconded the motion, and it was passed unanimously.
X. ADJOURNMENT
Commissioner Sexton made a motion to adjourn the meeting at 8:55 p.m. Commissioner Kottas seconded the motion, and it was passed unanimously.
_____________________________
Donald Rieger, Secretary