Conservation Commission / IWWA Minutes 06/17/2014 ADOPTED
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY ADOPTED MINUTES
JUNE 17, 2014
REGULAR MEETING
I. CALL TO ORDER
Chairman Rich Miller called the Regular Meeting of the Conservation Commission to order at 7:52 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were Jim Morrison, Patrick Kottas, Darren Cunningham, Bertram Kaplan, 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
Chairman Miller appointed Commissioner Kottas to serve as an alternate for Margery Winters and Commissioner Morrison to serve as an alternate for Nick Zackeo.
III. DISCUSSION AND POSSIBLE ACTION
a. Application #14-20 of Girard Brothers Corporation, Owner, for the removal of material from the Upland Review Area to a wetland on the property located at 32 Iron Horse Boulevard (Map H09, Block 226, Lot 006) and 36 Iron Horse Boulevard (Map H09, Block 226, Lot 008-8A).
The Application was read into the record.
The Applicant's engineer reviewed their plan to restore the easterly portion of the site by removing material adjacent to the wetlands from a construction, storage and staging yard. The property has been used since its purchase in 1969 as the Simscroft construction yard with some structures and different piles of material coming and going over time, e.g. topsoil, recycled pavement, or regular fill. The area would be restored to a bit lower elevation than at the time of purchase. Their soil scientist flagged the wetlands limit under State and Federal definitions and found no place where the Federal wetlands line comes to the west of the State wetlands line governed by this Commission. They proposed removing material initially to another portion of the site and eventually off site; they would then regrade to a very flat grade to an embankment up to the existing material, stabilize that entire area, and seed it. The site contains about 48,700 sq. ft. of wetlands, none of which would be disturbed. They would remove material to within a couple of feet of the wetlands with a carefully sequenced construction approach overseen by Town Staff with specific inspections at each stage. A total area of about 3.46 acres would be disturbed mostly in the Upland Review Area and no area would be disturbed in the wetlands. The existing DEEP required settling basin with diversion swales would remain, and new diversion swales established up gradient of the 3:1 slope would be stabilized with matting to prevent sedimentation and erosion. There should be no impact on ground water resources because of the basin and the temporary and permanent diversions. Visual impacts would improve with the area re-vegetating following addition of top soil and conservation mix seeding and area volunteer plants from the growing season would likely thrive. Habitat along the edge of the wetlands should increase during Stage 1 restoration; additionally, future restoration would occur in conjunction with DEEP and Town review. The long-term impact would be beneficial with restoration of the seeded meadow providing buffer-filtering vegetation for any water not trapped in the diversions, as well as restoration to what the area was decades ago.
Regarding the construction sequence: For sedimentation and erosion control, they would provide silt fence and temporary traps along the construction edge as inspected by the Town with temporary diversion and following regrading permanent diversions established. The diversion ditch at the top of the newly created slope would collect water after area grading is finished. Temporary soil stockpile areas would be surrounded by protective silt fence and protection installed at the detention basin outlet and surface areas established with conservation mix. They believe the proposal would beneficial to the environment and the Town and would restore an area that has been impacted for decades. The Commissioners were provided with cross-sections on a 1:1 scale demonstrating the proposal with the dashed line showing the existing flat grade in the meadow and gentle slope up to the grade; Section B shows more material being removed than in Section A.
Regarding stockpiling topsoil, any sand or gravel material would be stockpiled and eventually spread over the disturbed area prior to seeding. They would be removing material from the floodplain with topsoil put back in. The Applicant indicated the remaining stockpiled material would be either saleable or useable on the site when they reach the development stage. A berm beginning at Iron Horse Boulevard and running to the settling pond would be continued along the top; everything stockpiled in this area would be outside wetlands. The Commissioners reviewed the location of the Upland Review line 100-foot buffer; the Applicant is in the process of removing trailers in this area.
The Commissioners compared the wetlands map lines and asked if a map amendment was part of the Application and the Applicant indicated it was not. Town Staff confirmed the Town map was last amended in 1992. The Applicant is planning to remove any inappropriate material deposited in this area from pre-1969 through today. The Commissioners discussed whether any of the material deposited over the years is natural. Town Staff indicated if the wetland is not being changed because of the Application to remove material, it would make sense to file a map amendment to show actual wetland. The Applicant confirmed they would be removing material that may have inadvertently covered wetlands and the uplands, but the area has not changed 100 feet and they believed the area is being restored more closely to its original state. The Commissioners were provided the Town aerial map from a 2014 DOT photo for comparison with the teal line less far west then on the Applicant's map. The Applicant proposed to come in with a map amendment at the time they go forward with a development. The Applicant believed the best habitat to establish along the wetlands is edge habitat in which amphibians and small birds thrive. The Commissioners reviewed with the Applicant the type of material in the piles shown and the Applicant indicated those construction piles would be removed and no further piles made.
The Applicant noted the detailed Restoration Construction Sequence and plans to protect the wetlands stated on Sheet 1 of 3, as submitted 5/30/2014. The Applicant indicated they would make sure all erosion control is in place along the wetlands with a backhoe on top of the berm reaching 8 feet down and bailing to the back to a protected pile to prevent runoff; no equipment or material will be in the wetlands; the detention pond is routinely cleaned out and disturbed and the wetlands are currently protected by silt fence. Town Staff confirmed they receive copies of DEEP industrial storm water permits issued to the Applicant. An 80-acre area on the southeast of the property was described as formerly flat, dry, and farmed; however, the culverts for Pent Road to the sewer beds were dammed by beavers creating the current 1-2 foot deep wet area that killed the trees. The upland area was confirmed to be very dry and the Applicant pointed out the 10-year and 100-year flood zones which would be the only time water would be in this area.
Town Staff confirmed that the soil scientist report was included with the file and the Commissioners believed while that map appeared to track closely the previous map, a wetlands amendment would be required. The Applicant explained that this is Step 1 and they would return with a map amendment when development goes forward. Regarding tracking pads for vehicles leaving the site, the Applicant felt much of the material would be used on site and, in any event, it would not be any different from current daily construction activities. The Commissioners discussed whether the soil scientist's statement that, "All established wetlands boundary lines are subject to change until officially adopted by local and state agencies." means approval of wetlands is required. The Applicant responded they are not disturbing wetlands based on his map and are making efforts to restore the area to attractive habitat. The Applicant was concerned about the timeframe to perform this work and once this work is completed, they would come back with a map amendment for the next Phase of development. The Commissioners believed that there would be excavation within the mapped wetland based on the Town map. The Applicant felt the 1992 map line to be seriously flawed with nothing significant having happened since 1992 to change that flawed line; the area disturbed by order of the DEEP has had all work performed to their satisfaction. Town Staff explained the map amendment process is corrective and the Commissioners believed the proper procedural process would be a map amendment followed by an application. Town Staff will confirm process timing in relation to the July 1st Commission meeting and notify the parties.
Commissioner Kaplan made a motion to table Application #14-20 to the July 1, 2014, meeting Agenda.
Commissioner Sexton seconded the motion, and it was passed unanimously.
The Commissioners and Town Staff discussed previous development and map changes in areas of Town.
IV. RECEIPT OF NEW APPLICATIONS
None.
V. CORRESPONDENCE/ANNOUNCEMENTS
The Open Space Committee representative reviewed that at their last meeting some citizens were concerned that once open space is created, Town officials work to assure it remains open space; something may be required at a constitutional level. Town Staff explained that any open space deeded to the Town is subject to review every 25-30 years; and if the Town needs an open space site for a public purpose, it can be converted to that purpose, unless there is a deed restriction. It was also noted that deed restrictions may not survive eminent domain. Also discussed at the meeting was a potential Town stewardship plan to properly manage the 425-acre Ethel Walker property. Additionally, creating an open space fund was discussed and has been preliminarily favorably raised at the recent BOS meeting Town Staff discussed the federal Highland Grant funding which requires annual reporting by the Town to the Fish and Wildlife Service indicating an open space property is being maintained and the condition of the property has not changed. While the Town has 30-33% open space, there is currently no money for maintenance. The Commissioners discussed the need for invasive plant management and problems with damage from rutting on properties. The Commissioners noted there is a contract between the Town and the Ethel Walker School that permits continued equestrian use on some trails which also violates a Town ordinance with a need to harmonize. Town Staff indicated there was a concern about people bringing horses in and going onto bridges not strong enough to hold a horse.
VI. OPEN SPACE DRAFT RESOLUTION
The Open Space Committee representative provided the Commissioners with a draft resolution for review and comment. A typo was noted in the last bullet changing wording to, "place the proceeds". The Commissioners discussed the Town's desire to acquire open space and the benefit if there is no funding to manage it. Town Staff explained there has been open space set asides for many developments in Town emphasizing connectivity, wildlife corridors, and recreation. Establishing a stewardship for the Ethel Walker property could be a major step toward starting a funding process. Town Staff noted that they have succeeded in acquiring all the open space land targeted 35 years ago.
Commissioner Rieger made a motion to approve the Open Space Resolution.
Commissioner Kottas seconded the motion, and it was passed unanimously.
VII. APPROVAL OF MINUTES of June 3, 2014
On Line 34, a hyphen is added as follows after "super-".
On Line 127, the apostrophe is deleted in the word "Applicant's" changing it to "Applicants".
On Line 203, the words "fore bay" are changed to "forebay".
On Line 222, the words "contribute to" are corrected to "diminish".
Commissioner Rieger made a motion to approve the June 3, 2014 minutes, as amended.
Commissioner Sexton seconded the motion, and it was passed unanimously.
VIII. ADJOURNMENT
Commissioner Kaplan made a motion to adjourn the meeting at 9:05 p.m.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
_____________________________
Donald Rieger, Secretary