Conservation Commission / IWWA Minutes 10/21/2014
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
OCTOBER 21, 2014
REGULAR MEETING
I. CALL TO ORDER
Acting Chairperson Margery Winters called the Regular Meeting of the Conservation Commission to order at 7:50 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were Phil Purciello, Jim Morrison, Patrick Kottas, Darren Cunningham, Margaret Sexton and Donald Rieger. Also present were Michael Glidden, Code Compliance Officer; Rachel Blatt, Assistant Town Planner; Janis Prifti, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairperson Winters appointed Commissioner Morrison to serve as an alternate for Rich Miller and Commissioner Kottas to serve as an alternate for the Commission vacancy.
III. DISCUSSION AND POSSIBLE ACTION
Commissioner Rieger made a motion to treat item b. first and adjust the Agenda.
Commissioner Kottas seconded the motion, and it was passed unanimously.
b. Application #14-36 of Randy E. & Shelly Swinford, Owners, for a review of the erosion and sedimentation controls, pursuant to Chapter 128 of the Town Code of Ordinances, for a 2-lot subdivision on the property located at 5 Pinnacle Mountain Road (Map H11, Block 106, Lot 001). Zone R-40.
Application #14-36 was read into the record.
The Applicant's representative discussed Lot #1 at Block 106, Map H11 with 7.2 acres in an R-40 Zone. The first drawing provided to the Commissioners contained the proposed re-subdivision plan dividing the parcel into 2 lots with a drainage easement granted to the Town; the second drawing showed the drainage and erosion control plan utilizing Town map topography which was also field-verified by Ed Lally and Associates, Inc. The topography on Pinnacle Mountain Road was described as fairly steep and sloping toward Terry's Plain Road with 2-foot contour lines on the map. The Applicant's representative indicated that each of the 2 lots contains sufficient buildable area in compliance with zoning criteria as verified with Town Staff.
The Applicant's representative proposed: 1) maintaining the existing house, driveway, septic leaching area, and tennis court on one lot; and 2) to create a new lot with a new house, driveway, minimal clearing and new septic system, which area was tested, reviewed by FVHD, and determined adequate for a private septic system in FVHD's letter provided for the file; soil tests were also performed on the existing lot to prove the soils adequate for future expansion or replacement of the existing septic system, if necessary. While there are no wetlands on the property, there are adjacent Farmington River wetlands. The Applicant's representative explained this proposed re-subdivision requires the Commission's comments prior to the Planning Commission's meeting next week. The existing site is served by public water and a private septic system. Following discussions with Town Staff, the Applicant's representative noted that the erosion control plan has been expanded to provide a satisfactory plan, including: a construction entrance; silt sacks on downgrades and catch basins; geotextile silt fence; temporary soil protection measures; dust control, noting it would be more important to address the source, rather than the cleanup; permanent seeding; a concrete washout area in about a two cubic yard depression on the curve of the driveway near the garage corner for concrete trucks to wash out small amounts of leftover material and wash water and also allowing for 1/2 to 1 cu. yd. of solidified material to remain.
The Applicant's representative noted there are 2 types of slopes on the property: 2:1 slopes that would use turf reinforcing mat to minimize site disturbance and vegetation removal; and more gradual slopes without reinforcing mat above 3:1 blending with existing contours. A Construction, Waste and Litter Control Plan was affixed to the drawing and requires policing of the adjacent street and site and proper storage of construction and waste materials providing a better looking site throughout the process. The Applicant's representative noted a modified construction sequence affixed to the plan was provided to Staff and believed to be acceptable. The Applicant's installation of 3 dry wells for the house, roof, and garage roof would minimize site impact to completely contain 1.7 to 1.8 inches of rainfall on the roof treating the first inch of runoff, offsetting the impervious roof, and replacing some pervious soils. The Applicant's representative believed the plans provided to the Commissioners and modified at the direction of Town Staff addressed Commission concerns, including adding filter fabric fence to the trench area going down the hill, providing outlet protection at the footing drain, and changing the length of the construction entrance to 50-feet long; with the exception of two requested details received today from the Town Engineer to be added to the plan for pavement repair and trench backfilling in the road during water construction.
The Commissioners asked about the plan for starting the project. The Applicant's representative responded it would be market driven and once approved by the Planning and Zoning Commissions it could be sold, but would probably not be built until next year. Regarding driveway runoff, the Applicant's representative explained it would be sheet flow to the woods, and noted the plan was changed to widen the turnaround area to allow 3 cars to park in response to ongoing concerns of residents regarding vehicles parked on the street so they added hard surface to the lot to offset public safety concerns - for this property, 3 cars could park in front of the garage, 2 inside the garage, 3 cars on the side, and 4 cars in the driveway.
The Commissioners asked about sheet #5 showing a back very steep area and whether it should be a longer-term concern. The Applicant's representative responded the topography of this land would provide a house in the woods with heavy vegetation and natural landscape; a note was volunteered by the representative to be added to the subdivision plan filed on the Land Records that any clearing outside the approved plot plan would have to come back to this Commission. Town Staff confirmed that such a note on the subdivision plan filed with the Town Clerk would live forever and would be useful to have. Town Staff asked for clarification regarding timing for when the septic system would be installed versus when the house with dry wells would be constructed in order to minimize impact to the slopes. The Applicant's representative indicated they have provided a construction schedule for single-phase clearing of .6 acres of the site for septic and construction at the least slope with significant erosion controls going in and larger equipment required for stumping and a note to contact Town Staff; the alternative of clearing in two phases would impose a significant financial burden and is not typically done. A note affixed to the plan would provide for adjacent streets to be cleaned of any track earth materials without regard to source.
Commissioner Rieger made a motion that the Commission finds that the Sediment and Erosion Control Plan, as presented, complies in form and substance with Chapter 128; and the Commission finds that it is satisfied with the Plan subject to provision that clearing of the land shown as slope greater than 20% on Sheet 5 of the Plan, as presented, not be permitted without subsequent approval by the Commission.
Commissioner Kottas seconded the motion.
The Applicant's representative noted that the final two conditions from the Town Engineer will be added to the final plan when they appear before the Planning Commission. Regarding the Commission's seasonal construction concerns and to protect the river area, the Applicant's representative committed that prior to beginning any work, the contractor would be required to communicate with Town Staff. Town Staff confirmed their review from a zoning standpoint would be to assure consistency with the subdivision plan for clearing and grading; if the house footprint changed significantly, it would return to the Commission as a referral for that modification.
The motion was passed unanimously.
a. Application #14-35 of Gerard Toner, Agent for Town of Simsbury, Owner, for the regulated activities of constructing a boardwalk in a wetland on the property located at Pinnacle Mountain Road (Map I11, Block 106, Lot 039). Zone R-80.
Application #14-35 was read into the record. Commissioner Rieger recused himself on this matter.
Town Staff reviewed that this Application was for a board walk located on a trail off Pinnacle Mountain Road and similar to other approved board walks in Town. The Commissioners were shown the trail access point at two stone pillars on Pinnacle Mountain Road and the affected wetland and area. The Application would call for about a 40 to 75-foot linear wetland disturbance. Currently, the area is dry and installation of the boardwalk would prevent people accessing the trails from walking through the wetlands in the future. Construction of the boardwalk was estimated to be a one-volunteer, one-day operation with all work done by hand and any erosion sedimentation issues addressed onsite. Regarding materials to be used, Town Staff provided the Commissioners with a cut sheet showing rebar and planks attached on top; the minimal disturbance would be putting the grounding down.
Commissioner Kottas made a motion that this is a regulated activity since it takes place in and across a wetlands.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Kottas made a motion that it is not a significant activity because of the approach of just laying down lumber and not disturbing soil, so there really is no disturbance, and there is no machinery involved.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Kottas made a motion to approve the permit, as written.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Rieger rejoined the meeting.
c. Application #14-37 of Gerard Toner, Agent for Town of Simsbury, Owner, for the drainage of a pond to clear the banks of downed trees and brush on the property located at 61 West Mountain Road (Map B11, Block 404, Lot 008). Zone R-40.
Application #14-37 was read into the record.
Town Staff reviewed that Simsbury Fish and Game Club brought to the attention of the Director of Park and Rec complaints regarding downed trees, branches, etc. adjacent to the bank of a fishing area in Mountain Park. The Club proposed after Thanksgiving lowering the pond water level 3-5 feet in order to assess the fishing areas with downed trees and debris. When the ground is frozen in late December/January, the Club proposed removing debris by hand with subsequent removal of that debris from the park by Town Staff. Town Staff provided the Commissioners with photos of the main locations where Club members have indicated fishing lines snag on debris in this bi-annually trout stocked pond; photos were also provided of debris in the spillway and parking areas where the debris would be piled. A tree in the spillway would be cut up by hand and the lumber removed in late December or early January. Town Staff further clarified that the Club would remove some boards from the pond after Thanksgiving to lower its elevation, assess the amount of debris, and devise a plan that would limit disturbance on the bank with volunteers shepherded into only a few openings limiting overall disturbance.
Town Staff reviewed that the deepest pond location is at about 10 feet, and a 2009 application by the Club to lower the pond level did not involve debris removal and was coordinated to benefit the trout population and assess pond quality. The ideal time to lower the pond was also identified in 2009 as late November, December, or January with the work planned to be completed by February 1st and debris removal by Valentine's day. Town Staff explained that once the pond level is lowered, some areas may dry out allowing some debris to be cut out and removal of other unfrozen debris by hand. Town Staff confirmed that the proposed lowered depth has been determined by Park and Rec to be sufficient for 3 feet off the shoreline to allow debris removal; following debris removal, the barriers will be put back and the water level would refill in the spring. Regarding concern about water exiting too quickly, Town Staff explained that: 1) Park and Rec will provide Planning Staff with 48-hour notice prior to the drainage; 2) Park and Rec will provide monitoring and inform Planning Staff; and 3) some of the debris in the spillway will act as entrapment. Town Staff believed that only taking a few boards out with careful timing and keeping a close watch will provide adequate protections. Town Staff recommended that removal of the tree material would take place last following metering of the water.
Commissioner Sexton made a motion that this is a regulated activity since there will be activity within a water way and water stream.
Commissioner Kottas made a motion to approve the permit as written.
Commissioner Sexton made a motion that it is not a significant activity due to the precautions taken including, the timing of the activity, metering to minimize downstream impacts and not completely drain the reservoir, but keep it to a level without completely drying it out.
Commissioner Kottas made a motion to approve the permit as written.
Commissioner Sexton made a motion to approve the Application permit based on the facts that these controls will be in place, that Town Staff will be notified prior to any activity, and that there is a commitment to oversight during the activity by the Town.
Commissioner Kottas made a motion to approve the permit as written.
IV. RECEIPT OF NEW APPLICATIONS
Town Staff noted an application was received at the last meeting for a subdivision on Talcott Mountain Road and an application was received today for the same project for a wetlands map amendment; both applications will be on the November meeting Agenda.
V. CORRESPONDENCE/ANNOUNCEMENTS
a. Interstate Water Report newsletter
The Commissioners were provided copies of The Habitat newsletter, Farmington River News, and the Interstate Water Report.
Town Staff requested the members let them know if they wish to participate in advanced training for Commissioners on November 1st at UConn's CLEAR Land Use Academy, and also for CACIWC on November 15th, with Town Staff and Commissioner Rieger currently planning to attend.
VI. APPROVAL OF MINUTES of September 30, 2014 and October 7, 2014
For the September 30, 2014 Minutes:
On Line 11, the spelling of "Marjorie" is corrected to "Margery".
On Line 45, the word "comprised" is changed to "consisting".
On Line 47, the hyphen from "non-productive" is removed.
On Line 48, the hyphen from"southern-most" is removed.
On Line 50, the words "separated by" are changed to "separated from".
On Line 60, the words "as required by" are changed to "in conformance with".
On Line 62, the word "They" is changed to "The proponents".
On Line 67, the word "further" is changed to "farther".
On Line 91, the word "Arrowroot" is corrected to "Arrowood".
On Line 93, the word "Jewell Reed" is corrected to "Jewel Weed".
On Line 106, the word "principle" is corrected to "principal".
On Line 109, the word "Spring" is changed to "spring".
On Line 111, the word "Summer" is changed to "summer".
On Line 113, the word "its" is changed to "the wetland's".
On Line 114, the word "principle" is corrected to "principal".
On Line 176, the hyphen from "non-mechanical" is removed.
On Line 178, following the word "species", the word "report" is inserted.
On Line 189, the word "They" is changed to "The Applicant".
On Line 200, the word "further" is changed to "farther".
On line 203, the word "their" is replaced by the words "the Applicant's".
On Line 248, the words "invasives is" is corrected to "invasives are".
On Line 263, following the word "significant", the word "activity" is inserted.
On Line 270, the word "details" is changed to "detail".
On Line 272, the word "us" is changed to "it".
On Line 273, the word "they" is changed to "the Applicant".
On Line 277, the semicolon and word "; the" are replaced with "and".
On Line 278, the words "much made of" are replaced with "more data on"; following the word "there" the comma is replaced with a period; the words "and the" are replaced with the word "The"; the words "a good" are deleted.
On Line 279, the words "understanding that; and ultimately" are deleted.
On Line 280, following the word "compensate" the word "for" is inserted; the words "we think" are replaced with "it thinks".
On Line 296, the word "their" is changed to "the Applicant's".
On Line 299, the word "Their" is changed to "The" and the word "their" is changed to "the".
On 301, the word "Their" is changed to "The".
On 304, the word "their" is changed to "the".
On Line 310, the words "water shed" are changed to "watershed"; the word "Their" is changed to "The".
On Line 325, the word "very" is deleted.
Commissioner Rieger made a motion to approved the September 30, 2014, meeting minutes as amended.
Commissioner Sexton seconded the motion, and it was approved unanimously.
For the October 7, 2014, Minutes:
On Line 153, the words "we've seen." are changed to "it had seen."
Commissioner Kottas made a motion to approve the October 7, 2014, minutes, as amended.
Commissioner Sexton seconded the motion, and it was passed unanimously.
VII. ADJOURNMENT
Commissioner Cunningham made a motion to adjourn the meeting at 8:40 p.m.
Commissioner Kottas seconded the motion, and it was passed unanimously.
_____________________________
Donald Rieger, Secretary