Conservation Commission / IWWA Minutes 05/03/2016
CONSERVATION COMMISSION/INLAND WETLANDS
AND WATERCOURSES AGENCY MINUTES
MAY 3, 2016
REGULAR MEETING MINUTES
I. CALL TO ORDER
Margery Winters, Chairperson, opened the Regular Meeting of the Conservation Commission at 7:35 p.m. in the Main Meeting Room at the Town Offices. Also present were Jamie Rabbitt, Director of Planning and Community Development; Janis Prifti, Commission Clerk; and other interested parties.
II. ROLL CALL
Commission Members and alternates in attendance were: Margery Winters, Charles Haldeman, Craig MacCormac, Jim Morrison, Donna Beinstein, and Donald Rieger.
1. Appointment of Alternates
Chairperson Winters seated Commissioner Beinstein for Darren Cunningham and Commissioner Haldeman for Andrew O’Connor.
III. APPLICATIONS
1. Old Business
a. Discussion and Possible Action:
i. Application #16-07 of Carrie and Patrick Roden, Owners, for the construction of an addition to the existing residence on the property located at 48 Long View Drive (Assessor’s Map D13, Block 318, Lot 015). Zone R-40. (received 03/15/2016; decision must be rendered by 05/19/2016)
Chairperson Winters read Application #16-07 into the record.
Carrie Roden indicated they had met with Mr. Glidden resulting in the updated site map provided to the Commission. She described the current layout of the house indicating they would like to come up to the easement line; the current driveway circles around to the garage and would be abandoned, retaining part of the driveway near the house for basketball and an area where native plants would be put in; and for the new addition and driveway, entry would be from the street. Mr. Rabbitt provided the Commissioners with a color photo for clarification. Patrick Roden indicated the retaining wall would be replaced by at least a 4-foot footing; the retaining wall does not extend the full length and is more of a decorative stone wall and replacing it with the new foundation would be an improvement. Commissioner Morrison noted Staff’s recommended condition #2 that “Clearing and grading is limited to area of proposed driveway and addition.” and wanted to assure what is approved provides enough flexibility for the Applicant to make minor changes. Mr. Rabbitt suggested having recommended conditions language that, “per site plan or as recommended by Commission Staff to match existing grades” to allow for slight field adjustments, more for landscape edging in the front yard since the elevation drops off from the higher garage elevation - there will be grading in the front yard associated with the new addition. Commissioner Beinstein noted some materials will be taken off site when the footing is dug, including asphalt. Commissioner Morrison asked about rear features on the house; the Applicants confirmed an existing deck and septic system shown by a circle on the layout.
Commissioner Morrison made a motion this is a regulated activity because the proposed construction is within the wetland and the Upland Review Area.
Commissioner Beinstein seconded the motion, and it was passed unanimously.
Commissioner Morrison made a motion it is not a significant activity because it appears that the functionality of the wetlands was limited prior to this construction and won’t be significantly changed by the construction.
Commissioner Beinstein seconded the motion, and it was passed unanimously.
Commissioner Morrison made a motion to approve Application #16-07 with the Special Conditions and Standard Conditions contained in the 4/28/2016 Staff Report, amending only Special Condition #2 to make it clear that grading approved by Staff to match the existing grading is acceptable under this permit.
Commissioner Beinstein seconded the motion, and it was passed unanimously.
ii. Application #16-11 of Steve Feldman, Applicant; Steve and Lisa Feldman, Owners; for the placement of a shed in the floodplain on the property located at 90 Riverside Road (Assessor’s Map H11, Block 107, Lot 043). Zone R-15. (received 04/19/2016; decision must be rendered by 06/23/2016)
Chairperson Winters read Application #16-11 into the record.
Steve Feldman proposed placing a garden shed in the back of the property 12 feet off the property line on a bed of crushed stone prepared by the shed manufacturer. He provided a picture of the flat, dry area where the shed would be placed to the right of a large tree; no trees would be removed.
Commissioner Morrison made a motion this is a regulated activity because the proposed shed is within the Upland Review Area.
Commissioner MacCormac seconded the motion, and it was passed unanimously.
Commissioner Morrison made a motion that this is not a significant activity because it does not appear there will be any impact to the wetlands.
Commissioner Morrison made a motion to approve Application #16-11with the Special Conditions and Standard Conditions in the 04/25/2016 Staff Report.
Commissioner MacCormac seconded the motion, and it was passed unanimously.
iii. Application #16-12 of Shelby Beauchemin, P.E., Woodard and Curran, Applicant; Town of Simsbury, Owner; for construction activities associated with the replacement of the Tariffville Water Storage Tank on the property located on the westerly side of Mountain Road, Tariffville, across from 56 Mountain Road, being shown as Assessor’s Map K05, Block 127, Lot 020. Zone R-25. (received 04/19/2016; decision must be rendered by 06/23/2016)
Chairperson Winters read Application #16-12 into the record.
Shelby Beauchemin indicated regarding the Mr. Glidden’s 04/21/2016 memo, they will be doing a hazardous materials survey this Thursday, including area soil sample. She noted they have contracted with a Town-approved firm for the flora/fauna survey and they recommend surveying in early June.
Regarding the outlet structure, Ms. Beauchemin indicated there are 2 outlets to the tank: one to the rip rap crossing Woods Road, which is a tank drain designed in case they ever need it for the tank interior – it was never used for the current tank; and the second outlet indicated by a square to the north is an overflow to a splash pad. Mr. Rabbitt explained it may be a field condition as construction progresses to find the most appropriate location for overland flow so there is no conflict with an unmarked channel and is one of Mr. Glidden’s recommended conditions. Ms. Beauchemin’s concern was that moving it to the southeast corner it would be following the contours down Woods Road, while currently it crosses Woods Road going quickly into the woods. She indicated while overflows are not typical, there was an overflow problem due to communication going down 2 years ago when Verizon removed a tower without notifying the Water District; therefore, as part of this project they are upgrading communications to radio frequency to eliminate potential communication issues. She explained at the Fire Station they can set the high level alarm, or the level transmitter tells the pumps at the wells when to turn on/off; there is also an overflow alarm before it actually overflows. Mr. Rabbitt indicated while the current design is a rip rap outlet/scour hole, there may be opportunities in the field in conjunction with a level spreader, instead of having channelization at the end of the scour hole in the event of an overflow, that they have a level spreader; and as the site opens up an option may be revealed that is not known currently. Mr. Rabbitt noted Tariffville Water Company is more than willing to make adjustments to assure the project is successful with no environmental impacts. Commissioner Rieger discussed rewording the 3rd Special Condition to optimize the drainage design for the overflow. Ms. Beauchemin commented that ideally they would not be moving it after bidding as it is part of the tank design; it would be easier to change the physical outlet portion, not the location. Mr. Rabbitt added there may be precautions to the outlet structure that could be added to the rip rap plunge pool in order to accommodate it in place; given the concern about the impact of potential overflow on the gravel road – there is a topography issue if it was piped it to the east side of the road because of its steepness. Wally Banta, Project Manager, explained that the road is 4-6 inches of very large gravel serving as a form of rip rap which should prevent water from going beyond Woods Road and would only be for water coming out of the tank top, which is unlikely and would not be a lot of gallons/minute. Commissioner Morrison asked how many gallons/minute are pumped by the pump feeding the tank? Mr. Banta responded there are 3 pumps, each pumping 140/gallons per minute, and they never run more than 2 at a time, but communications will not go down with backup solar batteries at the upper part, a generator at the pumps, and an emergency generator at the Fire Station – ideally power should not be lost at any of the three backups. Ms. Beauchemin confirmed that the silt fence and erosion and sediment control measures will go up prior to new tank construction and remain in place until the existing tank is removed in a single continuous project; the existing tank stays online until the new tank is commissioned. Mr. Banta added the work may not be continuous in time with concrete for the new tank poured in sections while the weather is warm enough for it to properly cure; then the contractor assembles the sections, including roof sections, hopefully before snow prevents their work with an interval in winter where no work is done; and returning in Spring to complete the work with erosion and sedimentation controls remaining in place.
Commissioner Rieger made a motion this is a regulated activity as it involves construction and other activities in the wetlands.
Commissioner Beinstein seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that this is not a significant activity because with the Conditions to be specified it does not represent danger of damage to the wetlands.
Commissioner Beinstein seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion to grant the permit with the Standard and Special Conditions in the 04/21/2016 Staff memo, but rewording the 3rd Special Condition to read, “The Applicant will collaborate with Staff on possible enhancements to the outlet and outlet structure so that it will not present a long-term erosion and sedimentation control concern regarding Woods Road.”
Commissioner Beinstein seconded the motion, and it was passed unanimously.
iv. Application #16-13 of Gerry Toner, Recreation Director, Applicant; Town of Simsbury, Owner; for the installation of a vegetative filter strip adjacent to the Performing Arts Center office on the property located at 22 Iron Horse Boulevard (Assessor’s Map H09, Block 226, Lot 003A). Zones SC-3 and SC-4. (received 04/19/2016; decision must be rendered by 06/23/2016)
Chairperson Winters read Application #16-13 into the record.
Mr. Rabbitt reviewed Parks and Culture’s Application proposing construction of a filter strip between the existing Rotary Park Playground tying easterly to the Dog Park area; the filter strip in consultation with Staff would vary in width from 6 to 12 feet and be field staked prior to installation. Topographically, Mr. Rabbitt indicated it is higher than the parking lot on the western side and east of the PAC office building the grade begins to drop and is at or below grade near the toilets and two brown stones, which is the critical area for the filter strip to be established in order to prevent the current small amount of sediment transport near the toilets southwest toward the wetlands.
Commissioner Rieger asked if this Application is also intended to cover deposition of gravel in the parking area discussed at the last meeting? Mr. Rabbitt indicated the parking lot was regraded with existing material and possibly one triaxle load of material to fill potholes. Commissioner Rieger noted it was agreed in the past that the deposition of material is a regulated activity. Mr. Rabbitt agreed placement of material in the URA is subject to permitting and maintenance of the parking lot could be rolled in with the vegetative filter strip. Commissioner Rieger noted a citizen complaint last year regarding deposition of material in the URA. Mr. Rabbitt indicated Mr. Toner had no intention to circumvent the process and there may have been miscommunication between department Staffs. Commissioner Rieger reiterated there have been numerous conversations about getting a permit when there is a regulated activity. Commissioner Morrison recalled that the original approved design for the parking lot was for 4 inches of gravel for the parking lot and is now at 3 ½ feet of gravel based on the wetlands delineation report and soil borings, and asked if the visible grade change is the result of ongoing maintenance? He expressed concern that having 3 ½ feet of gravel is a problem. Mr. Rabbitt believed that material was brought in when Rotary Park was constructed and pothole maintenance did not change that grade; where the elevation change is significant now is near the wetlands to the south near the toilets. Commissioner Morrison expressed concern that the original qualified engineer designed the parking lot for 4 inches of gravel, and at some point in time, a non-engineer potentially redesigned the parking lot - so was it designed properly and should there by 3 ½ feet of fill? The Commissioners were also concerned about the nature of the fill containing pollutants and asked Mr. Rabbitt what he observed. Mr. Rabbitt responded over the last 5 months in the gravel areas he has been on he had not seen anything, but the rotary historic area has a grass surface and Japanese Knotweed on the bank, and there could be overburden associated with past projects that may have contained brick or concrete; however, the new pothole material placed was ¾-inch processed trap rock mix straight from a quarry. Commissioner Morrison reiterated that every regulated activity, no matter how minor it may seem, needs an application and vote from this Commission. Commissioner Haldeman asked for clarification regarding the concerns for this application. Commissioner Morrison noted concern about the nature of the materials in the fill at this location, some of which contains brick and petroleum-based asphalt and how it relates to the pothole repair, which requires an Application. Chairperson Winters noted the pothole repairs were nearer the playground, not in back where they observed the bricks, concrete and asphalt. The Commissioners discussed the area of their site walk noting questionable material observed in the overflow parking areas, the access road, and grass parking area near the Dog Park. Commissioner Haldeman summarized there are 3 issues: 1) this application for the vegetative filter strip; 2) the potholes recently filled without a permit; and 3) the parking lot’s 3 ½ feet of gravel and addition of more gravel as it continues sinking; Commissioner Rieger noted there are flows from that parking lot into the wetlands potentially containing polluted material.
Commissioner Rieger commented that a mown grass strip is not much more permeable than pavement and should not be used for filtration; historically, there was supposed to be 20 feet between human activity and the wetland so it may be appropriate to put in a filter strip larger than 6-12 feet. Chairperson Winters added the permit was also intended to address the Japanese Knotwood with mowing; Mr. Rabbitt indicated areas around Rotary Park are mowed monthly and the side slope where the Knotweed may never have been mowed, until an incident associated with Iron Horse, may now provide the ability to manage the Knotweed. Mr. Rabbitt reviewed that there is Japanese Knotwood from south of Rotary Park heading easterly almost to the PAC office on the side slope, which was mowed in the last year. Chairperson Winters reiterated that controlling the Knotweed has huge impact for the wetlands with mowing preventing it from reseeding and spreading working at the frontier to push it back and keep it suppressed; the Commissioners agreed that in the original permit there was concern about the Knotweed. Mr. Rabbitt noted the aerial photos provided show exposed soil from the PAC office all the way to toe of slope and the proposed vegetative strip would run from in front of the PAC office east and turning southeast toward the Dog Park, with the majority of the area higher in elevation than the existing parking lot, and act as a buffer between gravel and toe of slope with the filter aspect greater toward lower elevation in the southeast corner near the Dog Park and brown stone blocks, e.g. the gravel parking lot as mowed fairway rough and the filter strip as fescue; so the area will be maintained but not as fairway. Chairperson Winters suggested seasonal mowing and utilizing a wetland or upland conservation mix, as appropriate, noting native grasses with deeper roots as a more effective filter strip for parking lot sediment. The Commissioners discussed the issues surrounding woody plants vs. the frequency of mowing and mowing height of 5-6 inches related to containing Knotweed. Mr. Rabbitt believed Parks and Culture’s intent is to have a park border edge with less mowing; although Commissioner Rieger noted grass along the gravel road is now maintained as lawn and doing that with the filter strip would be a disservice to the wetlands – the Commissioners agreed on annual filter strip mowing to keep woodys down. Commissioner Morrison noted that building a filter strip correctly calls for an appropriate slope and was concerned this slope would be too steep; Connecticut’s manual for storm water features calls for a 2-6-degree slope for a vegetative filter strip at a minimum 25-feet wide, which could be accommodated by a decrease larger size parking spaces near the toilets.
Mr. Rabbitt suggested the Commission table the Application and view the southeast corner area, which he believed to be at 1-2%. Mr. Rabbitt indicated he would ask Mr. Toner to take more accurate measurements from toe of slope back to the intended grass area, which may provide 20 feet in some areas. Commissioner Morrison noted the State 25-foot minimum requirement; Mr. Rabbitt noted it also reacts to the area being filtered. Commissioner Morrison was concerned there were asphalt millings in the parking lot indicating it would be more appropriate to over design; Mr. Rabbit indicated there were no asphalt millings on the surface in this area based on the latest grading and site walk. Mr. Rabbitt planned to get more information from Mr. Toner for the map details and suggested the Commissioners view the area individually.
Commissioner Rieger made a motion to table Application #16-13.
Commissioner MacCormac seconded the motion, and it was passed unanimously.
b. Referrals
i. Referral from Planning Commission for review of erosion and sedimentation plan on Planning Commission Application #16-01 of Mansour Prime Properties, LLC, Agent; Royce Palmer, Owner; for a 23-lot affordable housing subdivision under CGS 8-30g on the property located at 80 Climax Road (Assessor’s Map D20, Block 608, Lot 001). Zone R-40.
Chairperson Winters read the Referral for Application #16-01 into the record.
Mr. Rabbitt explained this Planning Commission Application was referred to this Commission under CGS 8-30g for a regulatory ruling on erosion and sedimentation control matters; Mr. Glidden in his 4/25/2016 memo indicates it meets State guidelines regarding soil and erosion protection and recommends positive referral to the Planning Commission; and this Commission determines whether to approve, deny, or modify the erosion and sedimentation control plan. Mr. Rabbitt noted a petition received from abutters counsel 2 weeks ago for a Public Hearing made under Section 440 of the Inland Wetlands Regulations that for an Inland Wetlands Application, if 25 signatures are collected, the Commission can be petitioned to hold a mandatory Public Hearing; however, this is not an application under the Wetlands statutes, it is an application under charter as the Erosion and Sedimentation Control Board for Simsbury, so the request for Public Hearing does not have merit for tonight’s referral. Commissioner Rieger asked about the request to obtain Town Counsel’s opinion regarding whether it is within the Commission’s authority under Chapter 128 to have such a hearing? Mr. Rabbitt responded his discussions with Counsel indicated the Commission can receive public testimony on any Application before it or choose to have a more formal Public Hearing, but under Charter the Commission has 30 days to act on a Soil and Erosion Control Plan which does not allow sufficient time to notice and hold a Public Hearing.
Andrew Quirk, Professional Engineer, represented the Applicant and provided copies of the narrative, Erosion and Sedimentation Control Plan, and phasing implementation which is a critical part of the design. Mr. Quirk described this submission as a modification of the previous plan with the total disturbed area of 3.7 acres remaining the same as previously approved; the plan is now for 23 smaller lots; the roadway is identical; and the roadway and driveway impervious areas are the same, with no changes to the public storm water drainage system; each lot maintains their ground water recharge system, which are removed from the contributing area to the public system.
Mr. Quirk reviewed key points from previous minutes relating to this Application: 1) notification of the Town’s agent prior to construction remains the same; 2) staking of clearing limits for the 3.7-acre disturbance is the same; 3) separation of roadway construction from lot construction so stump grubbing for the lots will not take place until roadway construction is at least at gravel base, which relates to Sheet G2 for the roadway phasing plan and separation of runoff with a temporary swale to keep the storm drainage system clean along the road system; 4) Sheet G2 showing phasing with separate E&S controls for the roadway phase vs. the lots and identifying the diversion swale and check dams remains the same; 5) separate E&S controls will be submitted for review for each building lot as part of the building permit phase; 6) they will comply with the request for weekly E&S inspections; and 7) they will use State guidelines to report to the Town on the Phasing and on E&S Controls.
Commissioner Morrison asked when the large storm water infiltration galleries would be installed? Mr. Quirk responded they would be installed as part of the roadway construction, with the purpose of the diversion swale to keep sediment during the erosion control phase from entering the roadway system which would come online when the roadway is paved.
Commissioner Rieger made a motion that the Conservation Commission concur in the Staff’s judgment that the Sedimentation and Erosion Control Plan, as presented, complies with the requirements of Chapter 128 of the Town Code and the State Guidelines, as well, and therefore approves it.
Commissioner Morrison seconded the motion, and it was passed unanimously.
2. New Business
a. Receipt of New Applications
None.
IV. GENERAL COMMISSION BUSINESS
1. Commission Education/Workshop: Legal – Policy/Procedures
None.
2. Correspondence
Commissioner Rieger asked for clarification regarding Town Counsel’s response regarding Mr. Wise’s opinion. Mr. Rabbitt responded Chapter 128 does not prevent the Commission from holding a hearing, and as a Conservation Commission, there is nothing preventing holding a Public Hearing on a matter that is regulatory in nature; and therefore, Counsel did not agree with Attorney Wise’s opinion; Chapter 128 is silent on the public hearing process.
Regarding the Clean Water Act question, Mr. Rabbitt advised it is in process.
Regarding a response on pesticide use in Simsbury Meadows, Mr. Rabbitt responded it was made at Staff level at the last legal review and remains with the First Selectman.
Regarding the Commission’s ability to retain an expert requesting the First Selectman’s support in changing the Town Code to remove the 200 cars or 100,000 sq. ft. threshold, Mr. Rabbitt advised it is with the First Selectman’s office.
Mr. Rabbitt commented that due to recent workload and Applications received, they continue working on numerous items.
Commissioner Rieger noted the request to mark the abandoned part of the Simsbury Meadows trail to exclude the public.
3. Correspondence from Timothy Martin, received 04/11/2016 regarding the subject property located at the end of Lark Road
Mr. Rabbitt advised he is waiting for Town Counsel’s response to correspondence received from Mr. Martin, which was provided to the Commission at the last meeting.
V. APPROVAL OF MINUTES of the April 19, 2016 Special Meeting and April 19, 2016 Regular Meeting
For the April 19, 2016 Regular Meeting Minutes:
On Line 526, the words “plan asked Staff to develop two trail cross-sections to clarify where the trail should have been on the westerly edge in the higher area” are deleted and replaced with, “permit be modified”.
On Line 529, the word “shrubs and” are inserted following the word “native” in two places.
On Line 531, the words “and further damage to the wetlands be avoided” are added at the end of the sentence.
Chairperson Winters filed for the record the April 19, 2016 Special Meeting Minutes, as written; and the April 19, 2016 Regular Meeting Minutes, as amended.
VI. ADJOURNMENT
Commissioner MacCormac made a motion to adjourn the meeting at 9:00 p.m.
Commissioner Beinstein seconded the motion, and it was passed unanimously.