Conservation Commission / IWWA Minutes 07/17/2018

Simsbury Conservation Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Tuesday, July 17, 2018 at 7:30PM

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

PRESENT:  Margery Winters, James Morrison, Jason Levy, and Donald Rieger

ABSENT:  Alternate Charles Haldeman

ALSO PRESENT:  Assistant Town Planner Michael Glidden.

I.  CALL TO ORDER:

Chair Winters called the meeting to order at 7:30PM.

II. ROLL CALL:

1.            Appointment of Alternates.

III. PUBLIC HEARING:

1.            Application #18-09 of Dyno Nobel, Inc., Owner, for an Inland Wetlands Map Amendment to reflect more accurate mapping of the property located at 660 Hopmeadow Street (being shown as Assessor’s Map G11, Block 132, Lot 052 and Assessor’s Map G11, Block 144, Lot 005). Zone I-2.

Michael Klein soil scientist of record presented the request to amend official inland wetland and watercourse map. Mr. Klein discussed the means that were used as areas of change were field verified. Mr. Klein noted that this amendment application is directly related to an application to conduct regulated activities that are associated with environmental clean-up. Mr. Klein noted majority of the areas which are mapped as wetland soils are considered to be alluvial or floodplain soils.

Mr. Klein described remediation activities that occurred in 2003. Mr. Morrison questioned filling and grading which was described to occur in the subject area. Mr. Klein explained that the activities were reviewed and approved by the Conservation Commission along with a map amendment application in 2003.

Chair Winters asked whether any members of the public had any questions or concerns regarding the application.

Motion: Mr. Rieger made a motion to close the public hearing for application 18-09 at 7:40 pm. Mr. Morrison seconded the motion. The motion passed unanimously.

V.  OLD BUSINESS:

Motion: Mr. Levy made a motion to amend the agenda and hear application 18-05 last. Mr. Morrison seconded the motion. The motion passed unanimously. 

1.           

b.            Application #18-07 of William J. Selig, Owner, for a 13’x48.4’ addition to the back of the existing barn and the construction of an additional 36’x26’ barn on the property located at 40 Riverside Road (Assessor’s Map G12, Block 107, Lot 033). Zone R-15. (decision must be rendered by 08/09/2018)

Bill Selig presented the application for the construction of an addition to the existing barn and a new free standing one at 40 Riverside Road. Mr. Selig described the historical approvals which were granted by the Commission for similar construction.

Mr. Rieger asked for clarification for what is considered to be the regulated area at this site. Mr. Glidden noted that the area of the proposed barns is flood plain soils which are considered to be inland wetlands.

Chair Winters inquired about flood management. Mr. Glidden noted that flood management is a responsibility of the zoning commission. The construction will require a special exception from the zoning commission for development in the floodplain.

Motion: Mr. Morrison made a motion that the application is a regulated activity because it involves work within mapped inland wetland soils. Mr. Levy seconded the motion. The motion passed unanimously.

Motion: Mr. Morrison made a motion that the application is not considered a significant activity because of the current use as a pasture and no adverse impact to the wetland’s function is expected by the application. Mr. Levy seconded the motion. The motion passed unanimously.

Motion: Mr. Morrison made a motion to approve application 18-07 subject to the special and standard conditions contained within the staff report. Mr. Levy seconded the motion. The motion passed unanimously.

c.             Application #18-08 of Jerome Shea, P.E., Town Engineer, Applicant; Town of Simsbury, Owner; to: demolish existing house within floodplain and floodway; regrade bank; stabilize slope with native plantings; convert area to parklet with new gazebo, garden shed, and other amenities; and remove invasive vegetation from river banks and wetlands on the properties located at 1 Old Bridge Road (Assessor’s Map H11, Block 144, Lot 007) Zone R-15 and Old Bridge Road (Assessor’s Map H11, Block 226, Lot 002) Zone R-40. (decision must be rendered by 08/09/2018)

Adam Kessler, Assistant Town Engineer, presented the application for the demolition of the existing residence and construction of a park at 1 Old Bridge Road. Dave Dickson of Millone and MacBroom described the specifics to the site development.

Matt Sanford, soil scientist, reviewed his report as it relates to potential impacts to the areas of inland wetland soils and watercourses by the project.

Mr. Rieger inquired about invasive species removal along the northern bank of the Farmington River. Mr. Sanford explained why the activities in this area were chosen from an erosion and sediment control perspective.

Mr. Sanford review report on fresh water mussels from the project. Mr. Sanford noted the report found that there would be no impact on the species based on the project.

Chair Winters asked whether some of the plantings species could be substituted with more appropriate native species.

Mr. Shea noted that construction is anticipated to start in 2019.

Motion: Mr. Morrison made a motion that the application is a regulated activity because it involves work within in a wetland. Mr. Levy seconded the motion. The motion passed unanimously.

Motion: Mr. Morrison made a motion that the application is not considered to be a significant activity because the appropriate erosion and sediment control measures have been provided to assure no impact to adjacent wetlands. Mr. Levy seconded the motion. The motion passed unanimously.

Motion: Mr. Morrison made a motion to approve the application subject to the standard and special conditions contained within the staff report. Mr. Levy seconded the motion. The motion passed unanimously.

d.            Application #18-09 of Dyno Nobel, Inc., Owner, for an Inland Wetlands Map Amendment to reflect more accurate mapping of the property located at 660 Hopmeadow Street (being shown as Assessor’s Map G11, Block 132, Lot 052 and Assessor’s Map G11, Block 144, Lot 005). Zone I-2. (decision must be rendered within 35 days of closing public hearing)

Motion: Mr. Rieger made a motion to approve application 18-09. Mr. Morrison seconded the motion. The motion passed unanimously.

e.            Application #18-10 of Dyno Nobel, Inc., Owner, for site clearing and excavating in the regulated area on the property located at 660 Hopmeadow Street (being shown as Assessor’s Map G11, Block 132, Lot 052 and Assessor’s Map G11, Block 144, Lot 005). Zone I-2

Pete Chiarizio, Licensed Environmental Professional, presented the application for the regulated activities which are related to an environmental clean-up of areas located at 660 Hopmeadow Street.

Mr. Rieger requested clarification on the depth of pollution and potential for concentration. He asked whether the areas of clean-up were directly related to the industrial use. Mr. Chiarizio noted that several sources could explain the pollution in the area which is not directly related to the manufacturing business such as the flood of 1955.

Motion: Mr. Levy made a motion that the application is a regulated activity because it involves work within a wetland. Mr. Morrison seconded the motion. The motion passed unanimously.

Motion: Mr. Levy made a motion that is not significant activity because the clean-up will be an improvement to the wetlands. Mr. Morrison seconded the motion. The motion passed unanimously.

Motion: Mr. Levy made a motion to approve the application subject to the special and standard conditions contained within the staff report. Mr. Morrison seconded the motion. The motion passed unanimously.

f.             Application #18-11 of Adam Kessler, PE, and Maria Capriola, Town Manager, Applicants; State of Connecticut, Owner; for the construction of a 10-foot wide multi-use trail within the upland review area to a wetland on the property located on the westerly side of CT-189 at the intersection of Elm Street and CT-189.

Eric Nigosanti presented the application for the construction of a multi-use trail that would connect portions of Tariffville to Bloomfield along Rt 189.

Mr. Rieger asked where the drainage goes. Mr. Nigosanti noted the drainage is existing state drainage system which runs west to east towards the Farmington River. No changes are planned for the drainage system associated with this application.

Mr. Nigosanti stated that work should be completed in one construction season. Mr. Shea explained the project is still subject to a CTDOT approval.

Motion: Mr. Rieger made a motion that the application is a regulated activity because it involves work within the upland review area. Mr. Levy seconded the motion. The motion passed unanimously.

Motion: Mr. Rieger made a motion that the application is not considered to be a significant activity because there are no direct impacts to the wetlands. Mr. Levy seconded the motion. The motion passed unanimously.

Motion: Mr. Rieger made a motion to approve the application subject to the special and standards conditions contained within the staff report. Mr. Levy seconded the motion. The motion passed unanimously.

a.            Application #18-05 of Gerry Toner, Director of Culture, Parks and Recreation, Applicant; Town of Simsbury, Owner; to retain and maintain dog park in the upland review area to a wetland on the property located at Iron Horse Boulevard (Assessor’s Map H10, Block 226, Lot 002). Zone R-40. (65-day extension granted; decision must be rendered by 09/08/2018)

Adam Kessler presented the application to the commission. There were two options presented to the commission. One option is for the retaining of the park in its current configuration. The second is moving the fencing out of areas of mapped inland wetland soils. Mr. Kessler noted that an operation and management plan has been developed which is added to both plans. He confirmed with the Commission that staff met with representatives of the dog park and correspondence has been provided from the group.

Mr. Morrison and Mr. Rieger felt option b which requires moving of the fencing and reducing of the overall size of the park was the preferred option by both commissioners. Chair Winters and Mr. Levy disagreed.

Motion: Mr. Rieger made a motion that the application is a regulated activity because it involves work within inland wetlands. Mr. Morrison seconded the motion. The motion passed unanimously.

Motion: Mr. Rieger made a motion that the application is not considered to be a significant activity because there are no impacts. Mr. Morrison seconded the motion. The motion passed unanimously.

Motion: Mr. Rieger made a motion to approve the application for 1 year subject the special and standard conditions contained within the staff report. Mr. Morrison seconded the motion. The motion passed unanimously.

V.            NEW BUSINESS

1.            Receipt of New Applications

Mr. Glidden had no updates to report on new applications.

VI. GENERAL COMMISSION BUSINESS:

1.            Approval of the Minutes of the June 5, 2018, regular meeting

The June 5, 2018 regular meeting minutes were accepted as submitted.

2.            Simsbury Meadows

Mr. Glidden noted the staffing change in the Planning Department. He explained that he is now the Interim Planning Director. He will continue to staff the commission.

VII.   ADJOURNMENT:

MOTION:   Mr. Levy made a motion to adjourn at 10:05PM which was seconded by Mr. Morrison; the motion was unanimously approved.

Respectfully submitted,

Michael Glidden CFM CZEO

Interim Director of Planning