04/04/2023 CC/IWWA Minutes
CONSERVATION COMMISSION/INLAND WETLANDS AND WATERCOURSES AGENCY
REGULAR MEETING April 4, 2023, 7:30 P.M. HELD FSPL ROOM SIMSBURY PUBLIC LIBRARY
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, Kyle Testerman (Alternate), Cailyn Welsh (Alternate), Margery Winters
Absent:
II. APPROVAL OF MINUTES
February 21, 2023
March 7, 2023
March 21, 2023
Motion: Mr. Campolieta motions to approve the February 21, 2023, March 7, 2023, and March 21, 2023 minutes for the Regular Committee meetings. Mr. Levy seconds.
All in favor, no opposed, no abstentions. (7-0-0)
III. NEW APPLICATIONS FOR RECEIPT AND DETERMINATION OF SIGNIFICANCE
Application CC#23-12 of Stephen Zappone of Northwest Homes, Applicant, Brian & Ann O’Donnell, Owners, for a map amendment to the Town of Simsbury’s Official Wetlands Map to clarify the wetland boundary at 58 Great Pond Road. (Assessor’s Map F08, Block 110, Lot 129) Simsbury, CT 06070. Zone R-40OS.
Motion: Mr. Haldeman moves to find Application CC#23-12 of Stephen Zappone of Northwest Homes, Applicant, Brian & Ann O’Donnell, Owners, for a map amendment to the Town of Simsbury’s Official Wetlands Map to clarify the wetland boundary at 58 Great Pond Road to be a non-significant activity and schedules it for action at the next regular meeting of the Committee on April 18, 2023 along with the map amendment which will provide a public hearing. Mr. Levy seconds.
All in favor, no opposed, no abstentions. (7-0-0)
IV. PUBLIC HEARING AND/OR ACTION ON APPLICATIONS
Application CC #23-11 of Red Door Homes, LLC, Owner for a wetland permit to allow site grading and clearing of a +/- 15,000 sq. ft. of the site in the upland review area, associated with construction of a single-family house, at 54 West Mountain Road. Assessor’s Map B11, Block 406, Lot 051B) Simsbury, CT 06070. Zone R-40.
• Wilson Alford, provides an overview of the project.
• Ms. Winters inquires whether invasive species on the property will be removed. She recommends that native plants be utilized in landscaping plans and to minimize the utilization of fertilizers.
• Wilson Alford, confirms invasive species will be removed from the property.
• Scott Brickey, Owner of Red Door Homes, LLC, will utilize native plants and bushes and confirms that property owners do not plan on utilizing anything other than natural fertilizers.
Motion: Mr. Levy moves that the Town of Simsbury Inland Wetlands & Watercourses Agency approves 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 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.
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 January 27, 2023, prepared by Alfred Associates, Inc.
2. Final stabilization of disturbed soil areas shall be stabilized with the application of loam, seed, required plantings and appropriate erosion control measures. If the site is not stabilized prior to a request certificate of occupancy for the , single-family home for this project, the Applicant shall submit to the Town of Simsbury an Erosion & Sediment Control Bond, in an amount to be determined and in form acceptable to the Town of Simsbury.
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 referenced in Condition #1, 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 the guidelines as established in the Connecticut Guidelines for Soil Erosion and Sediment Control, 2002, CTDEP Bulletin 34.
5. Upon direction of the Commissions 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 encourages utilization of native plantings.
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.
• Kelly Rothfuss, of 14 Nutmeg Court, references the Geotechnical Report, which notes that the soils are very sensitive to disturbance. She has concerns with the portion of the parking lot that requires clear-cutting of mature trees, which will further destabilize already sensitive soil and will change the water table. She notes the parking lot overhangs the wetlands and references various sites that indicate that construction will impact the natural course that water takes. She believes the Applicant is liable for any damage caused by water diverted unnaturally to surrounding properties.
• Ann McDonald, of 3 Tamarack Lane, would like the comments from the archaeologist to be taken into consideration. She requests that the 2.39-acre riverfront property that is behind 446 Hopmeadow Street be donated to Simsbury Land Trust. She has concerns with water run-off and noise pollution and their impact to the surrounding habitat. She requests a taller fence to be built to better block light pollution from car headlights. She requests another native species scientific study to be completed in late April/early May to ensure there has been sufficient consideration of the various species on-site at different times of the year. She would like another wetland assessment completed for the property and nearby wetlands. She is concerned storm water management system will not be adequate to control run-off.
• Ellen Gilbert, of 126 Hopmeadow Street, notes that the property is not flat and pitches toward Second Brook. She is concerned with the level of soil disturbance in order to level the lot and is concerned with the impact the construction will have on the wildlife in the area. She is concerned with the levels of calcium chloride brine that will drain into the wetlands and with the noise pollution caused by the air conditioning system and generator.
• Kathryn Godiksen, of 7 Nutmeg Court, is concerned with the construction in the upland review area, which will bring light, noise, air and water pollution that will cause flooding. She is concerned with the high exposure to electromagnetic pollution, which will harm the wetlands and the wildlife.
• Andrew Sylvane, 6 Riverview Circle, presented photos of the area, which show flooding at various times of the year and notes that the development will cause further negative impacts on the surrounding wetlands.
• Peter Alter, Attorney from Alter and Pearson, notes that the GEI Geotechnical Report has been reviewed and utilized by the team for the overall plans for the project. From his understanding, the Town Engineer is satisfied with the plans that have been presented.
• Mr. Alter notes supports the donation of the 2.39-acre property on the east side of the Heritage Trail to be offered to the Simsbury Land Trust.
• Mr. Alter notes that water draining to other properties is not against the law and is the natural occurrence of drainage and comments that Second Brook and many of the surrounding homes are located in a Flood Zone, which is not the result of this proposed development.
• Mr. Moran, Civil Engineer from H+H Associates, notes that in a 10-year storm event, the design of the storm water management system actually reduces run-off.
• Mr. Alter, in response to a prior request from the Commission, has provided a plan relocating the dumpster so it is no longer in the upland review area.
• Mr. Alter notes revisions to site plan have been made. Under the new plans, the building is smaller and has been reduced by 20%. The building will now be a 64-unit development as opposed to an 80-unit development. In addition, the back of the building has been moved further from the back-property line. One row of parking spaces will not be built at the outset of the development. It will remain grass and open space, unless it is determined that more parking is needed. If so, the parking spots will utilize pervious pavers that accept storm water drainage.
• Mr. Alter will raise the height of the fence a reasonable amount to block headlights if needed. He notes that there is landscaping along the southern boundary.
• Mr. Levy asks if there is anything that could be done in the open spaces to address concerns over unstable soil. Mr. Moran notes that landscape architect has proposed grasses and vegetation to stabilize.
• Ms. Winters recommends a different planting mix. Mr. Alter confirms he will change the planting mix based on the Commission’s recommendations.
• Mr. Eaton inquires about the discharge rates from EW1 and FSE1.
• Mr. Moran notes EW1 will infiltrate through 2-year storm event. Discharge will be minimal beyond that. He references Section 5.3 of the report, along with Appendix B, which outlines discharge rates.
• Ms. Winters inquires about motion sensors on the lighting on the end wall of the building to minimize light pollution. Mr. Alter responds that in the new site plan the wall is moved back and that the lights automatically dim.
• Dr. Bade inquires about 6PPD and the impact concentrations of this would have on the wildlife in Second Brook. Mr. Moran is not familiar with this compound and will look into this.
• Mr. McGregor reminds the Commission that once the public hearing is closed, there can be no additional testimony received, and the Commission will have 35 days to decide.
• Mr. Haldeman asks what the elevation pitch is toward the upland review area and what plans are in place to address concerns over stabilization.
• Mr. Moran notes that a temporary sediment trap and a temporary aversion soil is proposed that is outlined in the Sediment and Erosion Control Plan.
• Mr. Eaton asks whether there have been any other revisions to the plan other than the reduced footprint.
• Mr. McGregor will provide the Commissioners with the revised plans and Mr. Alter confirms there have been no changes to the storm water management system.
Motion: Mr. Levy notions to close public hearing. Mr. Campolieta seconds.
All in favor, no opposed, no abstentions. (7-0-0)
Motion: Mr. Levy motions to move Application CC #22-29 of Vessel RE Holdings, LLC, to the next Regular Meeting of the Commission on April 18, 2023 for review, discussion and possible action. Dr. Bade seconds.
All in favor, no opposed, no abstentions. (7-0-0)
V. GENERAL COMMISSION BUSINESS
VI. AGENT ACTIONS
VII. CONSERVATION BUSINESS
VIII. ADJOURNMENT
Motion: Mr. Campolieta motions to adjourn. Mr. Levy seconds.
All in favor, no opposed, no abstentions. (7-0-0)
The meeting adjourned at 8:56 P.M.
Respectfully Submitted,
Cara Blackaby
Commission Clerk