01/17/2023 CC/IWWA Minutes
CONSERVATION COMMISSION/INLAND WETLANDS AND WATERCOURSES AGENCY
REGULAR MEETING January 17, 2023, 7:30 P.M. HELD Main Meeting Room Simsbury Town Hall
I. CALL TO ORDER
Chairman Levy called the meeting to order at 7:30 P.M.
II. ROLL CALL
Present: Director of Community Planning and Development, George McGregor, Andrew Bade, Jason Berman, Joseph Campolieta, Donald Eaton, Jason Levy, Charles Haldeman, Kyle Testerman (Alternate), and Cailyn Welsh (Alternate)
Absent: Margery Winters, Jason Berman
Kyle Testerman and Cailyn Welsh are seated as a full member in Margery Winters’ and Charles Haldeman’s absences.
III. NEW APPLICATIONS FOR RECEIPT AND DETERMINATION OF SIGNIFICANCE
Application CC #22-29 of Vessel RE Holdings, LLC, Applicant, EAY Properties, LLC, Owner, for the grading and construction of site improvements, including parking lot, landscaping, retaining wall, and guard rail in the upland review area, associated with an 80-unit multi-family development, at 446 Hopmeadow Street. (Assessor’s Map G13, Block 142, Lot 003C) Simsbury, CT 06070. Zone R-15.
• Peter Alter, Lawyer from at Alter and Pearson, presented an overview of the project, which is ~1.96 acres with a single-family residence and outbuildings currently on the property. Plan removes the existing buildings to construct a building that would offer 80 residential units on-site.
• The only activities proposed within upland review area consist of the construction of two areas of retaining walls, parking spaces, the access drive and storm water management structures. There are no wetlands or water courses on the site, and there are no direct impacts on the wetlands nearest the property.
• A wetland evaluation, a geotechnical report, and a species and habitat evaluation have been completed as part of this application.
• Seamus Moran, Project Engineer from H&H Engineering Associates, presented details around the storm water management and soil erosion sediment control plans.
• Storm water management A, which is for the parking lot, and storm water management B, which is for run-off from the building, are treating the water quality for a 100-year storm event and reducing peak rates of run-off. Run-off into the wetland will be less than what is currently discharged.
• The purpose of storm water management C&D is to capture run-off coming from off the site into the property.
• There is a soil erosion sediment control plan, which includes grading on the property, temporary sediment soil and traps, and sediment control fencing.
• Mr. Campolieta noted the property was zoned for R-15 and inquired how this project could be approved given that zoning.
• Mr. McGregor noted that the applicant also filed a site plan application and the project is an 8-30g application under the state law which means it is an affordable project and as such does not need to meet local zoning requirements.
• Mr. Alter requested the Commission provide any concerns over the project in preparation for the public hearing.
• Mr. Campolieta expressed concern regarding the density of this project and its proximity to an environmentally sensitive area, including the verbiage around snow removal indicating that the property manager should pre-treat, along with the potential impacts of fertilizer run-off into the Farmington River.
Motion: Mr. Campolieta made a motion to find Application CC #22-29 of Vessel RE Holdings, LLC, Applicant, EAY Properties, LLC, Owner, for the grading and construction of site improvements, including parking lot, landscaping, retaining wall, and guard rail in the upland review area, associated with an 80-unit multi-family development, at 446 Hopmeadow Street to be significant and that a Public Hearing be scheduled during the February 07, 2023 Regular Meeting of the Commission. Mr. Haldeman seconded.
All in favor, no opposed, no abstentions. (7-0-0)
IV. PUBLIC HEARING AND/OR ACTION ON APPLICATIONS
Application CC #22-27 of the Town of Simsbury, Owner, Thomas Roy, Applicant, for construction of a +/- 3,600 linear foot, 10-foot-wide, bituminous concrete trail with pedestrian boardwalks and associated site improvements along the Farmington River property and right of way located near Tariffville Road from Hopmeadow Street to Curtiss/Pattison Parks.
• Mr. McGregor noted that this was legally noticed on January 6 and January 16th in the Hartford Courant.
Mr. Levy opened the public hearing.
• Adam Kessler, Deputy Town Engineer, provided an overview of the project noting that the design was completed in 2020 and construction is tentatively scheduled for 2024.
• Matthew Sanford of SLR Consulting presented further project details. He noted that the CT DEEP Flood Management certificate, the 401 Water Quality Certificate, the CT DEEP Natural Diversity Database Final Determination sign-off, the CT DEEP Fisheries Consultation sign-off, and the State Historical Preservation Office and Tribal Historic Preservation Office sign-off have been received. The Army Corps of Engineers Pre-Construction Notification is pending.
• Significant amounts of invasive species were not identified on the site. The strategy is to minimize the ground disturbance, as evidenced by a narrow pathway with very little clearing beyond that. Additionally, at Boardwalk 1 and the informal river access, timber matting will be utilized to gain access, which will sit on top of existing vegetation and will allow vegetation to re-sprout once mats are removed. This will minimize the potential for invasive species to take root.
• Seed mixes that will be used are native and include plants that are attractive to pollinators to address comments around Pollinator Pathways. Additionally, supplemental trees will be planted at select locations.
• The trails are anticipated to become submerged as a result of flooding at times, but it has been seen through other similar projects throughout CT, that there is no significant damage to the trails/boardwalks. Most of this boardwalk runs parallel to the flow of the river, which will minimize the impacts of flooding.
• Kishor Patel, Structural Engineer, presented details around the boardwalk portion of the project. The boardwalk will be made of non-toxic materials due to flooding concerns. Approximately 60 helical piles will be placed which are easy to install utilizing small equipment. Aluminum joists and beams will be utilized (as opposed to pressure treated wood), so there should be no issues with rusting.
Mr. Levy opened the floor to the public.
• Richard Waters, of 21 Terrys Plains Road, Simsbury, expressed concerns including 1) the Commission’s meeting on January 17, 2023 was the first opportunity for public comment on the Tariffville Connection Multi-Use Trail 2) reference to the project as Tariffville Connection Multi-Use Trail, as the project that was approved did not include an extension beyond Curtiss Park 3) the construction of Boardwalk 2 which is an extension beyond Curtiss Park, which will not have a view of the Farmington River and may expose the natural resources to unnecessary disturbance and 4) the formalization of the informal river access site will attract new swimmers and more disturbance.
• Mr. Eaton inquired where the recommendation of the formalization of the river access originated, and Mr. Haldeman inquired what the trade-off is between current erosion vs. increased traffic as a result of access formalization which could cause additional erosion.
• Mr. Sanford responded that it was identified as an area that the National Park Service and the US Army Corps wanted to improve. Mr. Sanford noted that the area is already established as an access point by the public, and by formalizing the access with the placement of boulders to stabilize the area, erosion will be minimized, while providing useable access.
• Mr. Kessler provided an update on the status of the Tariffville Connection phase of the plan. It was decided to split the project into 3 sections for consideration: 1) the connection to Curtiss Park; 2) the connection to Tariffville and 3) the connection into Bloomfield and then subsequently into Hartford. The connection from Curtiss Park to Tariffville is a more complex project that deserved its own study, which is currently in process.
• Mr. Haldeman noted the high levels of debris near the Boardwalk 2, as a result of its proximity to the road. He inquired about the impact on pollution as a result of the boardwalk and increased traffic.
• Mr. Sanford noted that often they find debris is minimized as a result of the trails, as people who utilize the trails are environmentally friendly and will pick up debris.
• Dr. Bade and Mr. Haldeman inquired about main benefits of the boardwalk extension past Curtiss Park. Mr. Sanford and Mr. Kessler noted that it is the gateway to the next phase of the plan if that moves forward.
• After in-depth discussion on the benefits and detriments of constructing Boardwalk 2, the general consensus among the Commission is to approve the project as presented given that the area is already disturbed with the existing soccer fields, lights, utilization of fertilizers, and existing roadway.
Motion: Mr. Campolieta made a motion to close the public hearing. Dr. Bade seconded.
All in favor, no opposed, no abstentions. (7-0-0)
Motion: Dr. Bade made a motion to approve Application CC #22-27 of the Town of Simsbury, Owner, Thomas Roy, Applicant, for construction of a +/- 3,600 linear foot, 10-foot-wide, bituminous concrete multi-purpose trail with pedestrian boardwalks and associated site improvements along the Farmington River property and right of way located near Tariffville Road from Hopmeadow Street to Curtiss/Pattison Parks based on the following findings:
a. The proposed construction will not adversely impact the wetlands and/or watercourses.
b. Short-term impacts from the proposed development will be controlled by installation and maintenance of erosion and sediment controls and construction run-off controls.
c. Strict adherence to the terms and conditions imposed with this permit will protect the quality of wetlands and surface waters on this property.
d. Alternatives have been reviewed and no feasible and prudent alternatives exist.
And subject to the following conditions:
1. The project shall be developed in substantial conformance with the site plan titled, Tariffville Connection Multi-Use Trail, prepared by SLR, dated May 2022.
2. Areas of disturbed soils shall be stabilized with the application of loam, seed, required plantings and appropriate erosion control measures.
3. At all times during site work and until soil areas are stabilized, the applicant shall install and maintain erosion and sediment control measures such as fabric filter fence, staked hay bales or other measures deemed necessary by the Commission’s agent to prevent erosion and sedimentation impacts to wetlands and watercourses.
4. All erosion control and soil stabilization measures shall comply with the approved plans and the guidelines as established in the Connecticut Guidelines for Soil Erosion and Sediment Control, 2002, CTDEP Bulletin 34.
5. Upon direction of the Commission’s agent, erosion and sediment control measures shall be removed by the applicant following stabilization of the site.
6. This approval is subject to the general provisions found in Section 11.9 of the Town of Simsbury’s Inland Wetlands and Watercourses Regulations.
7. The Inland Wetlands Agent shall be notified at least 48 hours prior to commencement of activities.
Mr. Campolieta seconded.
All in favor, no opposed, no abstentions. (7-0-0)
V. GENERAL COMMISSION BUSINESS
Minutes: December 06, 2022
Motion: Without objection, Mr. Levy motioned to approve the December 06, 2022 minutes for the Regular Committee meeting.
All in favor, no opposed, no abstentions. (7-0-0)
VI. AGENT ACTIONS
Application 23-01 of Melanie Nordquist, Agent/Applicant, to install 3 new above ground LP Tanks and Lines within the upland review area 11 Buttonwood Drive (Assessor’s Map G06 Block 306 Lot -017), Zone R-40 OS.
VII. CONSERVATION BUSINESS
VIII. PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT UPDATES
• Mr. Kessler provided an update on the CT DEEP Dam Safety Permit for the Simsbury Farms Golf Course. He anticipates receipt of the permit by the end of the month or early February. It is currently out for public comment, and a contractor has been chosen to complete the work once permit received.
• Mr. McGregor noted that the POCD discussion will be included on the agenda for the next Regular Meeting of the Commission.
• Mr. McGregor invited the Commission members to the POCD Community Meeting Monday, January 30th at 7:00 pm at Henry James Middle School.
IX. ADJOURNMENT
Motion: Mr. Campolieta made a motion to adjourn. Mr. Haldeman seconded.
All in favor, no opposed, no abstentions. (7-0-0)
The meeting adjourned at 9:36 P.M.
Respectfully Submitted,
Cara Blackaby
Commission Clerk