03/21/2023 CC/IWWA Minutes

CONSERVATION COMMISSION/INLAND WETLANDS AND WATERCOURSES AGENCY

REGULAR MEETING March 21, 2023, 7:30 P.M. HELD AUDITORIUM SIMSBURY HIGH SCHOOL

I. CALL TO ORDER & ROLL CALL

Chairman Winters called the meeting to order at 7:30 P.M.

Present: Director of Community Planning and Development, George McGregor, Andrew Bade, Jason Berman, Joseph Campolieta, Donald Eaton, Charles Haldeman, Jason Levy, Margery Winters, Kyle Testerman (Alternate)

Absent: Cailyn Welsh (Alternate)

II. NEW APPLICATIONS FOR RECEIPT AND DETERMINATION OF SIGNIFICANCE

Application CC #23-11 of Red Door Homes, LLC, Owner, for a wetland permit to allow site grading and clearing of +/- 15,000 sq. ft. of the site in the upland review area, associated with the construction of a single-family house, at 54 West Mountain Road. (Assessor’s Map B11, Block 406, Lot 015B) Simsbury, CT 06070. Zone R-40.

Motion: Mr. Levy moves that the Inland Wetlands Agency finds that Application CC #23-11 of Red Door Homes, LLC, Owner, for a wetland permit to allow site grading and clearing of +/- 15,000 sq. ft. of the site in the upland review area, associated with the construction of a single-family house, at 54 West Mountain Road is a non-significant activity and schedules it for action at the Regular Meeting of the Committee on April 4, 2023. Mr. Campolieta seconds.

All in favor, no opposed, no abstentions. (7-0-0)

III. PUBLIC HEARING AND/OR ACTION ON APPLICATIONS

Application CC #23-05 of Shaun Bierkowski, Owner, for a wetland permit to allow site grading and depositing +/- 30 tons of stone in the upland review area, associated with a +/- 240 sq. ft. shed installation, at 8 Heritage Lane. (Assessor’s Map G09, Block 203, Lot 014) Simsbury, CT 06070. Zone R-40OS.

Motion: Mr. Campolieta moves that the Conservation Committee approves Application CC#23-05 of Shaun Bierkowski, Owner, for a wetland permit to allow site grading and depositing +- 30 tons of stone in the upland review area, associated with the installation of a 240 sq. ft. shed in the Upland Review Area at 8 Heritage Lane (Map G09, Block 203, Lot 014), based upon the following findings:

a. The project will not adversely impact the wetlands.
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.

And subject to the following conditions:

1. The project shall be developed in substantial conformance to the site plan on page 2 of the Staff Report dated March 21, 2023.
2. Final stabilization of disturbed soil areas 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 depicted on the plan shown in the Staff Report, including fabric filter fence 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 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. The Inland Wetlands Agent shall be notified at least 48 hours prior to commencement of activities.

Mr. Levy seconds.

All in favor, no opposed, no abstentions. (7-0-0)

Application CC #23-09 of BDC Home Improvement Services, LLC, Owner, for a wetland permit to allow grading, paving, and construction of a +/- 2,742 sq. ft. of the site in the upland review area, associated with construction of a +/- 2,607 sq. ft. house, at 54 Great Pond Road. (Assessor’s Map F08, Block 110, Lot 127) Simsbury, CT 06070. Zone R-40OS.
• Terri Hahn, Principle and Landscape Architect representing the Applicant, provides an overview of the project, noting the lot is part of a 1970s open space subdivision with three lots for sale with wetlands and an associated stream corridor towards the back of the property.
• Ms. Winters inquires if there are invasive species on site. Mr. Hahn notes invasive species, including bittersweet, have been noted, but there are no plans to address these as part of the current project. Ms. Winters recommends removal of the invasive species as part of the project.
• Mr. Eaton inquires about the plans for site grading. Ms. Hahn notes that the grading will make the property relatively flat and the applicant will remove excess material from the area. There is a 5% slope backwards to the woods.

Motion: Mr. Haldeman moves that the Conservation Committee approves Application CC#23-09 of BDC Home Improvement Services, LLC, Owner, for a wetland permit to allow grading, paving, and construction of a +/- 2,742 sq. ft. of the site in the upland review area, associated with construction of a +/- 2,607 sq. ft. house, at 54 Great Pond Road. (Assessor’s Map F08, Block 110, Lot 127), based upon the following findings:

a. The project will not adversely impact the wetlands.
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.

And subject to the following conditions:

1. The project shall be developed in substantial conformance to the site plan dated 3-1-2023, prepared by LADA, P.C.
2. Final stabilization of disturbed soil areas 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 depicted in the plot plan (see condition #1) such as fabric filter fence 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 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. The Inland Wetlands Agent shall be notified at least 48 hours prior to commencement of activities.
7. Commission recommends that invasive species on the property are removed.

Mr. Campolieta seconds.

All in favor, no opposed, no abstentions. (7-0-0)

Application CC #22-29 of Vessel RE Holdings, LLC, Applicant, EAY Properties, LLC, Owner, for a wetland permit to allow 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.
• Ms. Winters opens the floor for public comment.
• Pat Weisbrich, of 3 Lenora Drive, objects to the placement of this project on a single-family lot. She is concerned there will be a negative impact to the wetlands and that the landscaping plans will not be successful as a result of the site development. She believes the snow removal plan is not adequate and the pre-storm ice melt, engine oil, and other contaminants will drain into and pollute the wetlands. She is also concerned about the impact the lighting and noise will have on the ecosystem.
• Kathryn Godiksen, of 7 Nutmeg Court, is concerned about the pollution this project will create and notes that the building will be made of synthetic material that contains chemicals. As the property will be clear-cut and topsoil will be removed, the life under the soil will be destroyed. She is concerned with the electrical levels radiating off of the building, the light and noise pollution that will be created, and the vehicular exhaust that will pollute the water.
• Jonah Lipar, of 6 Joshua Drive, would like to understand how light and noise pollution will be handled and comments that he believes the light and run-off from thermal pollution will damage the habitat.
• Ann McDonald, of 3 Tamarack Lane, calls into question the numbers utilized in the technical management report, voicing concern that the riverfront lot separated by a state-owned railway bed should not be included in the square footage, as this is a separate lot. As a result, she also calls into question other measurements including the size of the parking lot, the roof, and the size of the storm water management system. She is concerned with the backflow at Second Brook as a result of this project, noting that standing water will have a negative impact on the surrounding ecological area.
• Ms. Winters requests that Ms. McDonald submit her calculations to the Commission for review.
• Kelly Rothfuss, of 14 Nutmeg court, is concerned with the snow removal plan, referencing the Zoning Committee meeting from the prior night. She believes that the snow piles will be more than 44 inches high and is concerned that one of the snow piles will be on the corner of the wetland. She is concerned with the pollution this project will create. She notes that the area has experienced 3 years of La Nina, which is unprecedented and has concern that the measurements of the wetland and surrounding areas are not up to date. She is concerned that the soil will not be able to absorb the excess water and run-off created by this project.
• Susan Masino, of 41 Madison Lane, has concerns around the health effects of the light and noise pollution. She comments that this public policy does not consider public health and the destruction of the wetlands.
• Susan Vankleef, of 6 Mallard Circle, encourages the Commissioners to visit the site, noting affordable housing is needed, but there is a better way to implement affordable housing.
• Ellen Gilbert, of 126 Hopmeadow Street, notes that there are alternative locations where the project would be better suited, including the site where the Hartford Insurance Company was located, the town center or on Iron Horse Boulevard. She asks about the safety of the calcium chloride to be utilized as part of the snow treatment plan. She references the Minnesota Storm Water Manual, which indicates that calcium chloride when mixed with water creates heat, which can have an impact on the wildlife and surrounding water.
• Josh Weiss, of 4 Oakwood Road, notes that the site has a flood plan nearby and wanted to ensure this is going through the state permitting process. He believes there are muscles in the water, which would be killed by the storm water. He comments that a retaining wall is good but it eliminates the terrestrial habitat and inquires if there are vernal pools. As the soil is poorly drained, this development raises a red flag that warrants a second look.
• Andrew Sylvaine, of 6 Riverview Circle, notes that one of his main concerns is the view from his neighbors’ backyards. He is also concerned about the exhaust that will settle and pool down in the area, which the immediate neighbors will smell and have a negative impact on health. He is concerned with the light pollution and the trash that will collect in the wetlands. He invites the Commissioners to visit the site.
• David Pariseault, of 1 Riverview Circle, questions if anything that is disturbed needs to be re-established.
• Peter Alter, Attorney from Alter and Pearson, provides responses to public questions and first requests Mr. Moran, Civil Engineer from H+H Associates, to respond to Ms. McDonald’s analysis.
• Mr. Moran presented the storm water management analysis, noting the acreage utilized is larger than the lot site because the contributing drainage area coming from uphill needs to be included; however, the parcel of land on the opposite side of the trail has not been included in the calculations.
• Mr. Alter reiterates there are no wetlands on the site and they are requesting a wetlands permit because a portion of the wetland review area is located in the area that is being proposed for the development of parking spaces, an area for the dumpster location, and the storm water discharge point.
• Mr. Alter notes that in response to the questions around lighting, and as suggested by Ms. Winters, there is no objection to including the installation of lighting of no more than 3 kelvin as a condition of approval.
• Mr. Alter notes that in response to the request to manage the parking lot lighting from 10 p.m. until dawn, he has spoken with a lighting expert and the lights are able to be dimmed to 40% (possibly 20%), and he has no objection to including this as a condition of approval.
• Mr. Alter notes that a new site plan has been provided. The primary changes relate to the storm water management system. One of the changes is the elimination of the detention basin on east side and in its place creating a lawn area for passive recreation for the tenants. The detention basin on the westerly side of the building is now a rain garden. Additionally, there have been updates to the plant listing, noting that any species that are not native have been removed from the plan. A hard copy of the new plan has been submitted to Town Staff.
• Mr. Alter notes in response to concerns over bears accessing the trash, he has consulted with Paine’s Recycling and Rubbish and they will install a bear resistant dumpster. Paine’s has indicated that the dumpsters are appropriately sized for the development.
• Mr. Alter recommends the use of calcium chloride brine as a pre-treatment for snow as it results in a reduction of ~20% of what would be utilized if pre-treatment was not completed. However, if the Commission is not comfortable with this approach, they will not pre-treat for snow.
• Mr. Alter references the University of New Hampshire Storm Water Center to address concern over thermal impact as a result of the collection of storm water that would ultimately discharge. UNH article concludes that the utilization of infiltration is the optimal solution, as it will reduce elevated summer run-off temperatures through underground chambers as the ground water is at a lower temperature than surface water.
• Mr. Alter notes that the Commission seemed concerned with discharge and potential impacts on the wetland. He references an article from the UNH Storm Water Center, nothing that low impact designs (LID) have removal efficiencies of 80-100%, and the system proposed is well within the standard. He concludes that a dynamic separator followed by a large subsurface infiltration system of perforated pipes is the highest water quality treatment that storm water could receive.
• Mr. Alter does not believe a further study of the wetland would provide any additional information.
• Mr. Alter responds that the building is made of material that is easy to clean without chemicals so that will not be an issue.
• Mr. Sipperly, Certified Soil Scientist and CT Wetland Scientist, responds to the question of whether it is appropriate to insist on further study of the wetland area with respective to species. He notes that this is a high-quality wetland with functions and values that will continue to operate and function and the project will not impact any species found in the wetlands. Mr. Sipperly also notes that there are three pipes underneath the bike path that do not appear to be maintained and recommends that those be reviewed to ensure Second Brook continues to function.
• Mr. Moran notes that in the previous meeting he indicated that the storm water filtration removed 50% of petroleum hydrocarbons; however, the number is much higher as the treatment train from the catch basins provides 9% removal and the subsurface infiltration system provides over 80% removal.
• Mr. Moran notes that the site super will be responsible for maintenance of the system and the log will be sent to the town.
• Mr. Moran notes there are two separate discharge points and the discharge rates are not significant. There will be no direct discharge to the wetland from the snow storage areas.
• Mr. Alter indicates that new plans have been submitted to Town Staff, which have incorporated a number of changes including: the elimination of the eastern detention area, the addition of a 36 inch high fence along the entire stretch of the area to minimize light pollution to the north, a bear-resistant dumper, a cape-cod curb, an emergency egress from the bike trail through the property, the placement of HVAC units to the southeast corner far from the upland review area and changes in the utility plan to respond to changes in storm water management plan.
• Ms. Winters inquires if the end wall of the building could be solid as opposed to transparent to minimize light pollution. Mr. Alter notes that it must be transparent because it is open to the air, but he does not have a picture to provide the Commission.
• Ms. Winters asks who will do the pre-treatment of the driveway and clearing of the sidewalks. Mr. Alter responds that the same contractor that is hired to manage the snow will perform those tasks.
• Mr. Campolieta asks about the parking spaces that will be cleared for snow removal and how will this be accomplished if cars are parked in those spots. Mr. Alter and Mr. Moran note that when a storm is anticipated, there will be restrictive cones placed to prevent cars from parking in those spots. If this is not able to be done, the tenants will provide their contact information and will be asked to move their vehicles.
• Ms. Winters inquires whether a prudent alternative of a smaller building with fewer parking spots was considered from a wetland’s perspective. Mr. Alter notes that he advised his client to request permission for full capacity; however, if the Commission felt a certain reduction of units would be satisfactory for approval, then the developer would consider this.
• Mr. Levy inquires if the dumpster could be relocated out of the upland review area. Mr. Alter responds that they are open to relocating the dumpsters.
• Mr. Eaton inquires about the potential for another building to be developed on the property across the street, which would result in additional run-off. Mr. Moran responds that there is sufficient capacity in the storm water management system to account for this.
• Mr. Haldeman asks how many 100-year storm events have occurred in the past 10 to 20 years. Mr. Moran responds that he is not certain on the number.
• Mr. Eaton asks about the main discharge from the underground system and asks how big the riprap is. Mr. Moran says the sizing is based on the flow and velocity of the and the stone that is there is longer and wider than the calculation. The velocity for the 25-year storm event is 3.4 feet/second and 1.32 cubic feet/second.
• Mr. Eaton inquires about the northeast corner (FES1) and at what point this surface basis would this discharge. Mr. Moran responds that the discharge is .52 cfs for a 25-year storm event.
• Ms. Winters requests copies of the planting plan and the revised storm water management plan. Mr. McGregor responds that Town Staff will get those to the Commissioners tomorrow.
• Mr. Alter requests that the public hearing remain open, as the Commissioners need to review the revised plans.

Motion: Mr. Campolieta makes a motion that Inland Wetlands and Watercourses Agency continue the public hearing on application CC#22-29 of Vessel RE Holdings, LLC, Applicant, for a wetlands permit at 466 Hopmeadow Street at its next regular meeting on April 4, 2023 at the Town of Simsbury Library at 725 Hopmeadow Street in Simsbury at 7:30 p.m. Mr. Levy seconds.

All in favor, no opposed, no abstentions. (7-0-0)

IV. GENERAL COMMISSION BUSINESS

Minutes: February 21, 2023
March 7, 2023

Motion: Mr. Levy motions to table the review of the Minutes to next Regular Meeting of the Commission on April 4, 2023. Mr. Campolieta seconds.

All in favor, no opposed, no abstentions. (7-0-0)

V. AGENT ACTIONS

Application 23-07 of David McIntyre, Owner, for a wetland permit for the construction of 288 sq. ft. 2nd story addition over an existing deck in the uplands 9 Grimes Brook Place. (Assessor’s Map F07, Block 107, Lot 019) Simsbury, CT 06070. Zone R-15.

Application 23-08 of Lawrence Fazzolari, Stateline Propone, Applicant, for a wetland permit to install a 1000-gallon, above ground propane tank and associated trenching in the upland review area at 22 Meadow Crossing. (Assessor’s Map C04, Block 203, Lot 017) Simsbury, CT 06070. Zone R-80OS.

Application 23-10 of Northeast Pinstripes, LLC, Owner, for a wetland permit to allow clearing and excavating of a +/- 1,307 sq. ft. of the site associated with the attachment of a sewer lateral in the upland review area at 54 Church Street. (Assessor’s Map K04, Block 204 Lot 020). Zone R-15.
• Staff added additional erosion and sedimentation control measures.

VI. CONSERVATION BUSINESS

• Mr. McGregor notes that the Dark Sky letter has been provided to Zoning Commission last evening. No action was taken.
• As part of POCD update, action items will be discussed before the document is adopted.
• Town Staff will include discussion of the irrigation pond at Simsbury Farms as a future agenda item for the Commission.

VII. ADJOURNMENT

Motion: Mr. Campolieta motions to adjourn. Mr. Levy seconds.

All in favor, no opposed, no abstentions. (7-0-0)

The meeting adjourned at 9:57 P.M.

Respectfully Submitted,

Cara Blackaby
Commission Clerk