Conservation Commission / IWWA Minutes 06/03/2014 ADOPTED
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
JUNE 3, 2014
REGULAR MEETING
I. CALL TO ORDER
Acting Chairperson, Margery Winters, called the Regular Meeting of the Conservation Commission to order at 7:34 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were Jim Morrison, Margaret Sexton, and Donald Rieger. Also present were Howard Beach, Conservation Officer; Michael Glidden, Code Compliance Officer; Janis Prifti, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairperson Winters appointed Commissioner Morrison to serve as an alternate for Darren Cunningham.
After Darren Cunningham joined the meeting at 7:35 p.m., Chairperson Winters changed Commissioner Morrison's appointment to serve as an alternate for Rich Miller.
III. PUBLIC HEARINGS
a. Application #14-16 of Cardwell Homes, LLC, Agent; Tina-Mike Builders, LLC, Owner; for a Wetland Map Amendment to define the wetland soils on the property located at 292 Bushy Hill Road (Map D15, Block 420, Lot 041).
The Applicant would like to develop the property at 292 Bushy Hill Road and their wetland experts first placed flags on the actual wetland boundaries, and then conducted a survey from which they prepared the proposed map amendment. They reviewed that historically in Connecticut wetlands were based on old soil maps that were never field delineated, especially where areas were developed prior to conducting those soil surveys. The Applicant's expert super-imposed the existing Town map on their proposed map delineating in green the flagged field boundary. The wetland system flows from the northwest, under a Bushy Hill Road culvert, through the site onto adjoining property, and continues on through Orchard Road to the southeast. The Upland Review Area extends from the green line to the property line in a rectangular shape with mixed hardwood and deciduous, some open lawn and average elevation 6-8 feet higher than in the wetlands which are primarily a red maple swamp centered on what is normally an intermittent watercourse. Photos of the area were provided to the Commissioners showing the Upland portion of the site in photo #3 and the map dots indicated where soil samples were taken. This property has been a side yard for an existing house with the Applicant having an option to purchase the lot from the owners of the house if it is developable; the proposed map amendment is the first step. Photo #3 was taken standing in the wetland looking toward the Upland and shows the brush line. Town Staff confirmed that this Application is only for the map amendment.
The public was invited to ask questions and comment.
Mary Kuszaj of 298 Bushy Hill Road, who was also the property owner, spoke about having a bad wetlands situation. If you dig 2 feet, you hit water. The Orchard Lane builders filled all the swampland and also the culvert between 9 and 13 Orchard is covered with dirt trapping water on her land. She provided photos of trees on her land falling into the water because of wet roots due to water backing up. The last house was built on Orchard Lane 10-15 years ago and the large amount of fill used for the Orchard homes prevents water from flowing into the culvert. Mary Kuszaj recalled that about 10 years ago Zoning said property owners should leave the ditch open to the culvert, but the small pipe they put in does not carry enough water into the culvert which they covered with dirt so it is always wet; without the current dry spell, her whole cellar would be wet with no other place for the water to go. Town Staff confirmed that the subdivision on Orchard was approved in 1954 and was built in a wetlands. The Orchard Lane lots were grandfathered under the Wetlands Act; however, many houses were not built until the 1980's because the grandfathering sunseted in 1985 with permits required to be pulled by October 1987 for about 90% of the houses with some built several years after that. There are existing wetland issues for this area.
The Chairperson explained that the issue being addressed at this meeting would only be the map amendment request; should the property be developed these other issues will come before the Commission. This meeting is to address a scientific review of the soils studied in the area. Approval of the map amendment would be the first step in the process.
Ken Medea, who recently purchased property at 290 Bushy Hill Road, asked if the current line would be moved further south into the wood line. The Applicant's experts explained their effort is to establish the line where it physically belongs and that the pink line shows the current Town map and the green area would be the actual line and become developable. The Commission explained that the wetlands scientist has studied the soil and developed this map to delineate the wetlands.
Pete Goodwin of 5 Lincoln Lane asked what the dimensions were for the developable area. The Applicant's expert responded it would be 90'x200'.
Commissioner Rieger made a motion to close the Public Hearing.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion to approve the map amendment.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
b. Application #14-17 of Jerry Queen and Tamara Thomas-Queen, Owners, for a Wetland Map Amendment to define the wetland soils on the property located at 30 Blue Ridge Drive, Weatogue, CT (Map E19, Block 617, Lot 141).
The Application was read into the record.
The Applicant's expert explained there is an existing house on the left side of the property with all the activity in front of the house and they are proposing a map amendment. The wetlands delineation was done on 5/19/2014, then a survey was conducted from which the proposed map was prepared. There are natural soil boundaries up to flag #6, between flags #6 and #9 they found fill material up to the wetland boundaries associated with pool construction; the remaining delineation is natural upland and wetland boundary. They indicated the Simsbury map showed a swath of wetlands coming through the center of the property. The area was described as having isolated wetlands and houses developed to the north and south, and a drainage divide with wetlands systems off the map bottom and top which have been truncated by existing developments. A vernal pool was found on the property containing wood frogs and tadpoles; the wetlands are red maple, and also found on the property are hardwoods, and hemlock with everything outside the house area being wooded.
Town Staff provided the Commissioners with information on the original map for comparison to the proposed amendment. The southeast corner has natural sandy soils and the Applicant's expert indicated the samples showed all natural soils with the exception of the area right behind the pool. They explained that the original soil surveys sponsored by the USDA concentrated on agricultural areas and only gave a broad-brush look at wooded areas. Town Staff explained the map amendment would only be for this property and adjacent properties would not have corrected maps in the records until someone comes in with a proposed amended map. Town Staff confirmed that the vernal pool was not noted on the Town map.
The public was invited to ask questions and comment.
Pete Goodwin of 5 Lincoln Lane asked about the purpose of changing the wetlands boundary. The Applicant's expert indicated any activity in this area requires a permit. The Commissioners explained that anything within 100 feet of the wetland line and in the Upland Review Area requires a permit from this Commission.
Joyce Bains of 11 Lincoln Lane asked if there were any problems with the house on Blue Ridge. The Applicant's expert explained it was a matter of becoming more Code compliant by obtaining the proper permit. The Commissioners further explained their charge to evaluate activity within a wetland or Upland Review Area to assure Code compliance and issue a permit; Applicants typically hire a soil scientist to verify the soil characteristics and depth.
Chris Rice of 18 Blue Ridge indicated they had done a map amendment for their property in 1994 and asked if there would be any changes to their map. The stonewall was discussed and where the flags stopped noted there would be no effect on either the Rice's property or Joe and Cathy Voelker's property at 20 Blue Ridge Drive.
Commissioner Sexton made a motion to close the Public Hearing.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion to approve the map amendment.
Commissioner Morrison seconded the motion, and it was passed unanimously.
IV. DISCUSSION AND POSSIBLE ACTION
a. Application #14-18 of Jerry Queen and Tamara Thomas-Queen, Owners, for the construction of a patio and 16'x20' pavilion on the property located at 30 Blue Ridge Drive, Weatogue, CT (Map E19, Block 617, Lot 141).
The Application was read into the record.
The Applicant purchased this property three years ago, would like to create a more hospitable outdoor environment for family members, and would like to extend the back patio to control mosquitoes and other elements. The patio extension would be 16'x20' total with pavers and outdoor fireplace and would be covered. As shown on the map provided to the Commissioners, this would be within the existing lawn setting parallel with the swimming pool. The area is mostly flat with only minor grading needed; there would be an 18-inch retaining wall in back with no footings or frost wall. The Commissioners suggested using native bushes, especially with the proximity to wetlands and the Applicant agreed. The construction materials would be brought in through an existing gated area, rather than the driveway which is too far away.
Commissioner Sexton made a motion that this is a regulated activity since it is within the Upland Review Area.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion that this is not a significant activity because no activity will occur within the wetlands and based on the plan and scope nor will it affect the wetlands.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion that the Commission approve the permit with Town Staff oversight, as necessary, and that native plantings be done if possible as recommended along the side and based on the map too with any of the recommended silt fencing and such during the construction phase until the area has stabilized.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
b. Application #14-13 of Matthew and Kelly Connolly, Owners, for regulated activities associated with the dredging of a pond, stabilization of an eroded section of bank, and repair tithe outlet structure of the pond on the property located at 16 Saw Mill Road (Map D11, Block 147, Lot 205).
The Application was read into the record.
The Applicant provided photos to the Commissioners of the pond needing repair in their back yard. Recent storms have damaged the pond and lowered the water level significantly; formerly it was 5-6 feet deep and currently it is about a foot deep. Because they are at a lower elevation, the stream flowing through a culvert under their driveway has been silted in. The former homeowners in 2007 obtained a permit from the Town to have the upper pond dredged. They would like to dredge the sand in the upper pond using the same contractor as last time; currently, there is mud waste deep with a lot of algae and mosquitoes and it is more swamp than healthy pond. The photos showed where the bank has been carved out. Town Staff explained this was caused by a number of major storms with a narrow steeper section upstream and a lot of damage done in where area the area levels out. A lot of debris moved downstream by the force of the water could be cleared out. Regarding having grass to the edge of the pond, the Commissioners suggested a bioengineered solution using plants with deeper roots but keeping a view shed to the pond with the rest of the area vegetated and sheltered.
The location of the house was described at the end of a long steep driveway with a stone check dam that drops about 5 feet to the lower pond. The dredged material would be placed in an overgrown area with hay bales and silt fences and moved off site within 3-7 days. The forebay has totally filled in with algae and was channeled out by the force of the water to about 2 feet deep, rather than the former 5-6 feet deep. The Applicant is concerned about the safety of his children moving around the muddy pond area. The size of the pond is about 75 feet long and 25 feet across. The Commissioners looked at the location of the pond and Town Staff confirmed the negative impact of the silt also flowing through to Hopbrook. The Commissioners discussed methods of dealing with pond overflow. Town Staff described the DOT 2004 map as based on over flights of specific developed areas of Town only; Hopbrook and Stratton Brook flow together at Weldon Way and then combine with Grimes Brook with all three flowing under the West Street bridge.
The Applicant confirmed the check dam is in place but requires repair. The Commissioners noted that doing this work with the current low water flow is desirable. Regarding regrading around the pond in the tree area, it is very steep and the Applicant does not mow to the perimeter. The Applicant confirmed the property is about 3 acres with a large lawn; the Commissioners suggested backing off mowing in this area about 20 feet and doing some regrading. Town Staff reviewed that the best option could be to place a couple of boulders at the bank base to break up the water's energy with fabric behind it. The Applicant believed the whole area needs to be planted to stabilize it and provide safety by eliminating foot traffic. The Commissioners suggested the Applicant take a look at a pond on the north side of Rte. 185 with a pretty non-grass buffer of overgrowth that also acts to keep geese out that also diminish algae growth.
The Commissioners expressed concern about the need for a more formal assessment of the area and that the previous owner's application was for simpler dredging and this system is now failing and may undermine the yard. The Applicant agreed the work must be done right the first time and has a contractor lined up to do the dredging, repair the check dam, and repair the back bank in the upper pond in Phase I. The activities for Phase II were discussed and the Applicant's ability to grant the Commission a 30-90 day extension. The Applicant favored getting the pond restoration done first and correctly with a comprehensive system plan developed. The Commissioners were also concerned that the check dam be in the right place and felt the bank could be restored later. The Commissioners requested that this Application be on the Agenda for one of the July meetings.
Commissioner Sexton made a motion that the Commission take no action at this time pending an extension from the Applicant during which time the Applicant will investigate approaches to remedy the situation and the Commission anticipates having this on the Agenda for the first or second meeting in July.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
c. Review and Possible Recommendation of proposed new Form-Based Code zoning for property located at 200 Hopmeadow Street.
Town Staff summarized that this Code is for redevelopment of the Hartford site and invited the Commissioners comments. A package of information will be provided to the Commissioners at the next meeting.
Commissioner Sexton made a motion to table review of the recommendation for the new Form Based Code.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
V. ADMINISTRATIVE APPROVALS
Town Staff indicated an application was reviewed by the Town Engineer and approved for an above-ground pool with only a few sono tubes, small deck, and some turf removal on Valley View Drive.
VI. RECEIPT OF NEW APPLICATIONS
The Fire Department has proposed dredging the pond behind the Weatogue Fire Station to use it for training exercises placing a dry hydrant in the pond to train draining a pond and then pump the water back into the pond. A concrete pad would be placed on the other side of the pond for practice putting out fires using a propane and metal structure system.
On Iron Horse Boulevard at the Simscroft site which is to the north of the band shell, as part of the Center Zone plan to move housing forward they found a discrepancy between FEMA's map and the Town map. If they file the map and FEMA looks at the site, FEMA could say the map is correct and it is fill, so they are exploring pulling the non-wetland soil back and reclaiming the area to match the FEMA map with plantings to enhance the wetland. They would of course not build in the floodplain, but substantial mapping errors exist in this area of Town. This has been a disturbed site since it was a coal yard in the 1800's, and there are also issues regarding petroleum from the gas station and dry cleaning fluids.
VII. CORRESPONDENCE/ANNOUNCEMENTS
None.
VIII. APPROVAL OF MINUTES of May 20, 2014
On Line 300, after the word "actual", the word "filling" is inserted.
On Line 305, after the word "wetlands," the words "acknowledging that there was no feasible and prudent alternative," are added.
Commissioner Sexton made a motion to approve the May 20, 2014 minutes, as amended.
Commissioner Morrison seconded the motion, and it was passed with Commissioners Rieger and Cunningham abstaining.
IX. ADJOURNMENT
Commissioner Cunningham made a motion to adjourn the meeting at 8:55 p.m.
Commissioner Morrison seconded the motion, and it was passed unanimously.
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Donald Rieger, Secretary