Conservation Commission / IWWA Minutes 07/15/2014 ADOPTED
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY ADOPTED MINUTES
JULY 15, 2014
REGULAR MEETING
I. CALL TO ORDER
Commissioner Rieger nominated Darren Cunningham to act as Chairman.
Commissioner Kottas seconded the nomination, and the vote was unanimous.
Acting Chairman Darren Cunningham called the Regular Meeting of the Conservation Commission to order at 7:40 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were Jim Morrison, Patrick Kottas, and Donald Rieger. Also present were Michael Glidden, Code Compliance Officer; Janis Prifti, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairman Cunningham appointed Commissioner Morrison to serve as an alternate for Rich Miller and Commissioner Kottas to serve as an alternate for Margaret Sexton.
III. PUBLIC HEARING(s)
a. Application #14-22 of Girard Brothers Corporation, Owner, for a Wetlands Map Amendment to define the wetlands soils on the properties 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 presented to the Commissioners a topographic survey of the property in early spring and indicated that their soil scientist tested the soil and flagged the wetland boundaries shown on the map amendment. Town Staff provided the Applicant with a copy of the official Town Map with a blue line showing the official wetlands map; on the revised map, the dashed line represents that blue line and the line dashed with 2 dots connects the recently set flags. The large-scale map provided by the Town showed very small-scale areas with little detail with the blue line having been used on a Town-wide basis; their proposed map is far more accurate with many soil tests conducted. The distance between the Town line and their proposed line was said to be insignificant.
The Applicant's wetlands soil scientist performed this work primarily on 12/23/2013 with no frost on the ground in pre-winter conditions. The site contained well-defined wetland slopes boundaries with natural sandy out washed forested soils dropping down into the flood plain on the northern portion; on the eastern side were disturbed soil areas sloping down to the flood plain soils which are very wet, occasionally flooded and support a mixture of forest swamp, marsh, wet meadow, and active flood plain. While it appeared to the scientist to be the first time the site was surveyed, the old map and current map nonetheless closely correlated.
Commissioner Rieger made a motion to close the Public Hearing.
Commissioner Kottas seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion to approve the proposed map amendment.
Commissioner Kottas seconded the motion, and it was passed unanimously.
IV. 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 summarized this Application was for the same property in III. above. They proposed a restoration plan for the area which would not disturb any wetland soils, to set up silt fencing along the wetlands boundary as flagged and surveyed in accordance with the plan construction sequence notes. The material would be moved by an excavator from the wetlands and deposited elsewhere on the site; much of that material would be reusable construction material; and other stored construction materials, e.g. pipes, conduits, catch basins, etc. would be relocated first. They proposed regrading the area between the wetlands and toe of the proposed slope so its elevation would be just barely above the wetlands level so when the topsoil is re-spread a transitional habitat would be provided. The reason for the jog in the slope related to a DEEP-mandated sedimentation trap which functions well; a swale around the property leads to that trap and they proposed during construction to have a temporary swale and when construction is completed to have a permanent swale on top of the slope with a small berm so water cannot wash over and degrade the slope into the newly graded area which would cause siltation and erosion, allowing the area to continue functioning as DEEP requires. The amount of material to be removed provides a good start and they would return to the Commission with further Applications regarding removing more material and developing the site consistent with regulations. In the meantime, they would be scaling back the storage yard, moving material away from the wetlands and providing improved habitat. Vegetation would include conservation seed mix with grasses and low vegetation plants that would thrive in this type of environment and to allow volunteer plants adapted to that environment to flourish. Overall they would put in the silt fence, establish the area and swale with erosion controls, stabilize and vegetate the whole area, and then remove the silt fence leaving Mother Nature in charge.
Regarding the slope, they indicated it was a gentle slope (between 3:1 and 4:1) which would be vegetated and protected from erosion. The Applicant reviewed that the current DEEP siltation basin was designed so that all the water flow comes to the center to a pond and then to a secondary pond with the water tested for chemicals periodically, as required, and found to be clean. The berm around the edge prevents any flow off site with nearby locations for wetlands and soccer fields. They would continue to carefully maintain the berm and siltation devices which are periodically cleaned. A Town easement currently runs through the area and they are working with the Town to either relocate it or change the access point. There is also a road to the old sewer beds where the beavers dammed the area causing flooding. In the past, the flood plains were agricultural fields; there is 500 acres of open space in back. Most material moved would remain to slightly raise the grade on site and there would be no disturbance of wetland soil.
Commissioner Kottas made a motion that this is a regulated activity because of activity occurring in an Upland Review Area.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Kottas made a motion that it is not a significant activity based on the Applicant's treatment of the area as described in their Application with the berms, silt fencing, plantings, etc.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Kottas made a motion to approve the Application as defined in the Applicant's write-up.
Commissioner Morrison seconded the motion, and it was passed unanimously.
b. Application #14-13 of Mathew and Kelly Connolly, Owners, for regulated activities associated with the dredging of a pond, stabilization of an eroded section of bank, and repair to the 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 returned to the Commission with a more complete plan and drawing done by an architect. The upper pond is heavily silted and overgrown and dumps to a lower pond through a damaged stone check dam with heavy bank erosion; where the pond connects to the stream is severely eroded and needs to be filled back in to raise the pond level. Photos were provided to the Commissioners of the original 5-foot pond depth when the property was purchased in August and its current 16-inch depth. They proposed dredging the upper pond, repairing the check dam to flow properly to the lower pond refilling it naturally, and repair the back outlet area. In this Phase I, natural materials would be used with rip rap protection, and the back filled with a natural clay material and pond liner put in to prevent future erosion. Phase II would include native plantings to secure the bank, look nice, and not grow too tall to maintain visibility. The driveway drainage system would also be addressed in Phase II with water diverted to the left to a wetlands area feeding under the driveway through a tube. The Applicants primary concern was dredging the upper pond so it is safe and repairing the heavily eroded back wall. The Commissioners recommended doing this work in a dry period. The rich silt material excavated would initially be piled on the property near the driveway to dewater surrounded by silt fence and then removed from the property. Regarding mobilized silt material reaching Hopbrook, they would utilize silt fencing and hay bales in the area to capture any runoff. The existing drainpipe was described as an overfill about 2 feet out of the water.
Commissioner Rieger made a motion that the Commission finds that this is a regulated activity as it involves both deposition and removal of material from a water course.
Commissioner Kottas seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that this is not a significant activity as it has been arranged in such a way with appropriate hay bales, silt fences, and other practices to assure there will not be any adverse impact on adjacent water courses and wetlands and will indeed improve the health of this water course.
Commissioner Kottas seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that the Commission grant the requested permit subject to Staff's satisfaction that the work is conducted in a season of the year that is appropriate and that Staff is satisfied with the appropriateness of all of the protections, their location, their maintenance, and other aspects of the work process itself.
Commissioner Kottas seconded the motion, and it was passed unanimously.
c. Application #14-23 of Cardwell Homes, LLC, Applicant; Tina-Mike Builders, Owner; for the construction of a single family home within the Upland Review Area to a wetland on the property located at 292 Bushy Hill Road (Map D15, Block 420, Lot 041).
The Application was read into the record.
The Applicant's environmental consultant summarized they recently received approval for a wetland map amendment. The map purple dash line showed the wetland system on the property containing an intermittent water course draining north to south from a cross culvert under Bushy Hill Road with catch basins. The project proposed was for a 2800 sq. ft. residential home with a 2-car garage; between the road and home would be a 20-foot wide turnaround. The area was described as lightly wooded primarily with white pine and deciduous toward the forest with more wetland and transitional vegetation. Because the land is currently unimproved, they proposed adding impervious surfaces to the house roof and driveway with one of two possible systems to attenuate impact to the wetlands: 1) take the footing drains and roof leaders from the house directed to a 6-inch fabric wrap perforated PVC pipe to an area marked in blue with a rain garden treatment system; or 2) regrade the front and side yards to slowly turn taking water from the driveway and sheet flow it over the lawn into a 5-foot vegetated buffer with upland plants densely with high stem count herbaceous plants and no shrubs; the 5-foot strip would act to slow and cool the water with materials, nutrients and chemicals falling out into the grass. They proposed the grass swale 5-foot strip be planted with an available really good upland mix called New England Wetland Plants with all native species and no fertilizers or pesticides used in that area. The environmental consultant noted two options to maintain the perennial herbaceous planted area include: 1) mowing it in the fall and maintaining it as a grassland; or they recommend 2) letting the plantings become established and allowing native species habitat to populate the area over time developing an edge habitat which is best for wildlife and to prevent driveway runoff.
Regarding the issue of keeping this habitat in place with future property owners, the Applicant offered a Conservation Easement line at the lawn edge planting strip to the back of the property encompassing the vegetative strip and all the wetland which would be on the Deed, so that anyone purchasing the property would know there is a responsibility associated with purchasing this property. The Conservation Easement could be worded to prevent manipulation of the green area and prevent dumping grass clippings, etc. into the wetlands. The driveway apron grading is required to be 6 inches above the road so storm water from the road flows properly and the driveway grading drops 8 inches guiding the water onto the lawn. Runoff from the roof and footing drain would collect in the south corner of the home using a 6-inch perforated PVC pipe wrapped in filter fabric with water going into the lawn before reaching the 16'x10' rain garden; the rain garden with shrubs and herbaceous plants would not be in the conservation easement because it requires minor maintenance by the property owner, e.g. leaf removal. The proposed rain garden would be based on a UCONN guidebook and he would use 12 inches to increase infiltration of water into the ground; in a 500-year storm, the water would overflow on the 16-foot lawn edge side gently flowing into the wetland. It was noted the orange line shows the neighboring homeowners footing drain outlet and they have granted that homeowner an easement for that drain to continue over to the wetland. Because the site was not suitable for a septic system they would connect to a nearby sewer, they are required to have a grinder pump, and there would be no effect on the wetlands.
Regarding neighbor complaints about existing drainage problems, the Applicant discussed those issues with the neighbors and found that the previous developers had built up an area higher causing drainage problems. This proposed project has been engineered to not exacerbate existing drainage problems in the neighborhood. The order of work would be installation of silt fence all the way from back to front on either side of the driveway and erosion controls to protect the wetlands, and a tracking pad at the future driveway entrance. They would dig the rain garden hole, without planting it until the end of the project; velocity is key in causing erosion so slowing the water down, holding it in the rain garden, and then it would move slowly over the berm with hay bales providing added protection. The house would have a walk-out basement with no need for a sump; the land grades front to back and basement elevation would be 394 and existing topo is 396.
They felt the Conservation Easement would be to the Town which is key to assuring it stays in place and must also be on the Deed; Town Staff confirmed they do have signs. Based on previous experience at the Jordan Cove Project in Waterford regarding rain gardens and planted buffers, Town Staff recommended it is especially important for subsequent homeowners to know that the rain garden, planted buffer, and storm water features are part of the Conservation Easement and the rain gardens should not be filled in. For maintaining the 5-foot strip, they would prefer to let it become natural habitat as protected upland buffer with no mowing which could also be included in the Conservation Easement.
Commissioner Kottas made a motion that this is a regulated activity since it occurs in the Upland Review Area.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Kottas made a motion that this is not a significant activity based on the description of the activities that are taking place and the protections described.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Kottas made a motion to approve this Application based on the Applicant's description of the work, and based on providing a Conservation Easement that meets the approval of Staff. The motion was amended to encompass the rain garden as well, and also that the language of the Conservation Easement and its terms be satisfactory to Staff, or at Staff's discretion, be referred back to the Commission for approval of language.
Commissioner Morrison seconded the motion, and it was passed unanimously.
V. RECEIPT OF NEW APPLICATIONS
a. Application #14-24 of Roger and Lisa Putnam, Owners, for the placement of a pre-built shed and standby generator in the Upland Review Area to a wetland on the property located at 8 The Glade (Map C05, Block 203, Lot 025).
Town Staff received Application #14-24 for placement of a generator and permit for a shed, after the fact. in the Upland Review Area at 8 The Glade which has a house and in ground pool.
Town Staff also received an application for an existing residence at 29 Drake Hill in an Upland Review Area.
The next Commission meeting is scheduled for 9/2/2014.
VI. CORRESPONDENCE/ANNOUNCEMENTS
Town Staff received correspondence regarding Salters; they have begun testing, have done monitoring wells, and soil borings. So far they have found some contaminants in borings, but the groundwater came back non-detect. Their surveyor will verify direction next week. Regarding the Commission's concern that the french drain in the rear would act as a conduit for potential contaminants, especially if groundwater was contaminated with a flow path that would add to any problem. But the ground water has come back clean with some petroleum contaminants found in the first 12-18 inches from the surface. One area of concern was near the right of way, and while it is not a plume it may be a remnant of the historically-recorded tank farm release. They monitored truck traffic on the site and noted day-to-day drive through of landscaping trucks and DOT trucks parked adjacent to catch basins with such site activities and any spills potentially exacerbating storm water system problems. Putting in an oil water separator would address some of these problems, similar to a commercial parking lot. Because 40 pages of tests have come back as non-detect, the Applicant's representative asked Town Staff to inform the Commission and ask for feedback regarding their filing an Application to move forward with the project without waiting for a full quarter of testing. The Commissioners will wait to hear the Applicant's presentation at the next meeting.
Mike Glidden was welcomed by the Commission and reviewed his experience and background including, previous work for about 6 years as the Zoning Official in Waterford, and prior to that 2 years as a Zoning Assistant for West Hartford; degree in Geography, Urban and Regional Planning from Central CT State University; 1 of 20 Certified Flood Plain Manager of the State Association of Flood Plain Managers; Certified Zoning Enforcement Officer with the Association of Zoning Enforcement Officers and serve on the Executive Board certifying other professionals. In the interim, he will staff the Commission while a permanent Conservation Officer is determined. The Chairman and Commissioners welcomed Mike and thanked him for all his work.
At the joint BOF/BOS meeting today, the Commissioners reviewed that long-term plans for Ethel Walker and other open space and related financing were discussed. The Commission previously adopted a motion encouraging putting the $400,000 from the farm sale into funding for open space, and while the BOF acknowledged such planning needs to be done with funding set aside, no action has been taken to date. First, it looks like a study would be done for the Ethel Walker property.
VII. APPROVAL OF MINUTES of JULY 1, 2014
The minutes were tabled to the next meeting.
VIII. ADJOURNMENT
Commissioner Rieger 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