04/18/2023 CC/IWWA Minutes - DRAFT

CONSERVATION COMMISSION/INLAND WETLANDS AND WATERCOURSES AGENCY

REGULAR MEETING April 18, 2023, 7:30 P.M. HELD FSPL ROOM SIMSBURY PUBLIC LIBRARY

I. CALL TO ORDER & ROLL CALL

Mr. Levy 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)

Absent: Margery Winters

Kyle Testerman is seated as a full member and Jason Levy is seated as the Chairman in Margery Winters’ absence.

Motion: Mr. Haldeman motions to amend the agenda to include Application CC#23-15. Dr. Bade seconds.

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

II. APPROVAL OF MINUTES

April 4, 2023

• Mr. Campolieta notes Line 31 and 37 should be corrected to indicate the first name Brian.

Motion: With those changes and without objection, Mr. Levy motions to approve the April 4, 2023 minutes.

III. NEW APPLICATIONS FOR RECEIPT AND DETERMINATION OF SIGNIFICANCE

Application CC#23-15 of Stephen Moore, Owner, for a wetland permit of grading and clearing of approximately 5,780 sq. ft. in the upland review area at 11 School House Lane (Assessor’s Map E07, Block 004, Lot 29) Simsbury, CT 06070, Zone R-40.
• Stephen Moore, Owner, provides an overview of the project, noting that the plan is to flatten and extend the slope from the backyard, and will include tree removal. Grass will be planted in the backyard. It has not been determined what will be planted on the slope, and the Owner is open to recommendations from the Commission.
• Mr. Levy inquires of Mr. Moore regarding how many trees will be removed. Mr. Moore responds that about 5 trees will be removed, but the large oak tree on the property will remain.

Motion: Mr. Haldeman moves to find Application CC#23-15 of Stephen Moore, Owner, for a wetland permit of grading and clearing of approximately 5,780 sq. ft. in the upland review area at 11 School House Lane to be a non-significant activity and schedules it for action at the next regular meeting of the Committee on May 2, 2023. Dr. Bade seconds.

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

Application CC#23-13 of Chris Nelson, Applicant, Simsbury Grist Mill, LLC, Owner, for a wetland permit to replace, rebuild, and expand the pedestrian bridge over Hop Brook at 77 West Street, Millwright’s Restaurant (Assessor’s Map F11, Block 103, Lot 005-21) Simsbury, CT 06070, Zone PAD.
• Mr. Campolieta inquires if the current structure will be removed and a new structure will be built. Mr. McGregor confirms this is the case.
• Chris Nelson, Owner of the Simsbury Grist Mill and Contractor, explains that the existing bridge will need to be replaced in the near-term for structural reasons as assessed by structural engineers.
• Mr. Eaton inquires how much the bridge will be widened and timing of the project.
• Mr. Nelson explains the bridge will be widened from 10’6” to 14’6”. He would like to start as soon as possible, noting the work is estimated to take between 2-4 months. He is hoping for completion by the fall.
• Mr. Levy inquires if there are plans to rebuild the deck. Mr. Nelson responds there are no plans to rebuild the deck.
• Mr. McGregor notes this will require a site plan and a special exception and will go in front of the Zoning Commission.

Motion: Mr. Campolieta moves to find Application CC#23-13 of Chris Nelson, Applicant, Simsbury Grist Mill, LLC, Owner, for a wetland permit to replace, rebuild, and expand the pedestrian bridge over Hop Brook at 77 West Street, Millwright’s Restaurant to be a non-significant activity and schedules it for action at the next regular meeting of the Committee on May 2, 2023. Mr. Berman seconds.

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

IV. PUBLIC HEARING AND/OR PUBLIC ACTION ON APPLICATIONS

Application CC#23-12 of Stephen Zappone of Northwest Homes, Applicant, Brian and Ann O’Donnell, Owners, for a map amendment to the Town of Simsbury’s Official Wetlands Map to clarify the wetland boundary in addition to a wetlands permit for construction of a single-family home in the upland review area at 58 Great Pond Road (Assessor’s Map F08, Block 110, Lot 129) Simsbury, CT 06070, Zone R-40OS.
• Steve Zappone, Applicant, explains that Jim Sipperly, Certified Soil Scientist, was hired to perform a soil survey, and he determined there are no wetland soils in the front of the property.
• Mr. Eaton inquires about the lot. Mr. Zappone responds it is a clear lot next to two other clear lots. He is under contract to purchase the lot, with the intent to build a single-family home.
• Mr. Levy opens the floor to the public. No public comments are made.

Motion: Mr. Campolieta moves to close the public hearing. Mr. Haldeman seconds.

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

Motion: Dr. Bade moves to approve Application CC#23-12 of Stephen Zappone of Northwest Homes, Applicant, Brian and 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, based upon the following findings:

a. The proposed revision to the Official Town Wetland Map has been delineated by a Certified Soil Scientist.

Mr. Campolieta seconds.

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

Motion: Mr. Haldeman moves to approve Application CC#23-12 of Stephen Zappone of Northwest Homes, Applicant, Brian and Ann O’Donnell, Owners, for wetlands permit for construction of a single-family home in the upland review area at 58 Great Pond Road, 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 3-16-2023, prepared by OCC Group Incorporated.
2. Soils 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 for a certificate of occupancy for the single-family home for this project, the Applicant shall submit to the Town and Erosion and Sediment Control Bond, in an amount to be determined and in a form acceptable to the Town.
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 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. The Inlands Wetlands Agent shall be notified at least 48 hours prior to commencement of activities.

Dr. Bade seconds.

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

II. OLD BUSINESS

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 guardrail in the upland review area, associated with a 64-unit multi-family development, at 446 Hopmeadow Street (Assessor’s Map G13, Block 142, Lot 003C) Simsbury, CT 06070, Zone R-15. (Public Hearing closed on 4/4/23)
• Mr. McGregor notes that the Public Hearing is closed and provides an overview of Commission deliberation requirements.
• Mr. Berman inquires if there have been any changes to the plans since the previous meeting of the Commission. Mr. McGregor responds that as the Public Hearing has closed, there have been no changes to the site plan. The site plan includes the reduction of the project from 80 to 64 units, the change in the parking spaces on the northern lot, and location of the dumpsters (which had been reflected in the prior site plan, but not the original site plan).
• Mr. Haldeman proposes that the Commission first discuss the storm water treatment plan, noting that the Town Engineer seems satisfied with the plans. Mr. Eaton believes the concerns raised during the public hearings were answered technically.
• Mr. Levy would like the Commission to receive a copy of inspection reports and recommends that this be included in the special conditions of approval.
• Mr. Eaton raises concerns with the concentration of the three outflows (EW-1, FES-1 and FES-2), noting per Appendix B of the Storm Water Report, at a 25-year storm event, the peak outflow of EW-1 to the north is 1.78 cubic feet/second, which converts to 13.32 gallons/second. He has concern that the riprap is only 6 feet and will fill quickly, resulting in overflow onto other properties and the erosion directed to Second Brook, which will be worse if the ground is frozen during the storm event.
• Mr. Haldeman asks a clarifying question to Mr. McGregor whether the Town Engineer is comfortable with the plan designs around a 25-year storm event. Mr. McGregor responds that the Town Engineer had no outstanding issues with the storm water design.
• Dr. Bade proposes that this concern could be mitigated with dispersion over multiple smaller outlets.
• Mr. Haldeman notes that the Commission typically deals with mitigation strategies during construction, as the long-term impacts are low. In this project, the construction techniques are satisfactory, but there may be longer term impacts after the project is completed. He suggests that the Commission looks at examples from the past for how this was dealt with.
• Mr. Haldeman notes that he had concerns around collection of pollution that might end up in the wetlands, but the boundary around the project helps minimize that effect. Through the re-design of the project this concern has been minimized.
• Mr. Testerman notes that the bear resistant dumpster in not included as a condition on the report. Mr. McGregor notes that it is shown in the plan set and thus is not written as a condition.
• Mr. Haldeman notes that the long-term wetlands impact including lighting and sound pollution is difficult to quantify and there are not many best practices that have been developed to address these long-term exposures.
• Mr. Berman recommends including wording around the use of pesticides in the conditions of approval. The Commission discusses including wording around integrated pest management practices into the conditions of approval.
• Mr. Eaton inquires about the parking spaces to the north. Mr. McGregor responds that the Applicant will keep those spaces as grass until needed or until required by Zoning Commission to provide those spaces. If those events do not occur, the parking spaces will remain grassed. If the parking spaces are required, they will be pervious pavers.
• Mr. Levy inquires if the Commission has concerns about wetland species migrating across the property. Mr. Testerman responds that the re-design of the curbs has mitigated that concern.
• Dr. Bade inquires if the Commission feels the Applicant has adequately addressed the light pollution concerns. Mr. Berman responds that the concerns have been mitigated due to the raising of the walls and the dimming of the lights to 40%.
• Mr. Haldeman suspects there could be long-term impacts on the wetlands as a result of light pollution, but there is not enough information available currently.
• Dr. Bade suggests including the recommended kelvins, suggested by Chairman Winters in prior meetings, into the conditions of approval.
• The Commission confirms that the concerns around snow removal have been adequately addressed by the Applicant.
• Dr. Bade inquires if the Commission feels there will be noise pollution that will negatively impact the wetlands. Mr. Haldeman responds that there are no best practices around the mitigation of noise pollution currently. Mr. Testerman notes that there are wetlands in other neighborhoods, which results noise pollution to the surrounding wetlands. Mr. Haldeman responds it is the concentration that is of specific concern with this project; however, he notes that the wetlands are next to Hopmeadow Street and a bike bath, which currently produce noise pollution. Dr. Bade suggests the reduction from 80 to 64 units is one mitigation response the Applicant has made to address this concern.
• Mr. Eaton inquires if there were traffic studies completed on Hopmeadow Street. Mr. McGregor confirms a traffic study was completed and submitted to the Zoning Commission. That information was not included in this package.
• Dr. Bade voices concern around the contaminants entering Second Brook, specifically 6PPD, but notes that infiltration is the best system to solution for this.
• Mr. Levy questions what remedies are available should the plans not work as intended. Mr. McGregor responds that assuming that the conditions for approval are clearly outlined, this can be addressed. Mr. McGregor will research further and come back to the Commission on this topic.
• Mr. Berman suggests testing current water for pollutants and potentially building in a threshold requirement into the conditions for approval. However, this information is not currently included in the site plan. Mr. McGregor also notes that Commission is not able to legally cede local and federal requirements.
• Mr. Campolieta suggests building in a special requirement around water outflow based on the benchmarks provided in the site plan.
• Dr. Bade also raises the public concern around the potential archaeological value of the site. Mr. Levy responds that this may be outside of the Commission’s purview. Mr. Campolieta adds that there is no existing evidence of an archeological discovery at the site. Mr. McGregor responds that typically this concern would be considered during the site plan review by the Zoning Commission.
• Dr. Bade references the public discussion around the calculations of run-off when incorporating a secondary property, which he believes were adequately addressed by the Applicant, but discusses the idea of donating the other acres to the Simsbury Land Trust as a mitigation measure. Mr. McGregor responds that the Commission Committee can make this recommendation to the Zoning Commission.
• Dr. Bade mentions the concern around the thermal impact to Second Brook. Mr. Haldeman believes this was mitigated through the storm water management system. Dr. Bade agrees.
• Dr. Bade questions whether the Commissioners feel there is a negative impact to the recreational or aesthetic value of the wetlands. Mr. Eaton believes the construction of a multi-story building will have an aesthetic impact to the wetlands. Mr. Haldeman believes this is difficult to quantify at this point. Mr. Testerman responds this argument could be made around any development within view of a wetland. Mr. Eaton references the privacy fencing around Hazel Meadow as a mitigation strategy, although it would be less effective for a 4-story building. He also agrees that the site is already higher density, given the surrounding homes and bike path.
• Mr. Levy suggests holding a special meeting next Tuesday and would like to review a draft motion to approve or deny for the Commission’s consideration.
• Mr. McGregor notes for timeline, a decision needs to be made no later than the Commission’s May 2, 2023 meeting and recommends holding a special meeting on April 25, 2023 at Town Hall in the Main Meeting Room at 7:30 pm.
• Dr. Bade and Mr. Haldeman suggest continuing the meeting tonight to ensure any other public comments that had been raised by addressed by the Commission.
• Dr. Bade references a concern raised by resident of 7 Nutmeg Court around impacts to the health and safety to the individuals and community. Mr. Eaton replies that the Commission’s purview is to assess the impacts of run-off and pollution into Second Brook and that the majority of that issue would fall into the Zoning Commission’s purview.
• Dr. Bade references the public’s concern around pre-treating the parking lot with a calcium chloride brine prior to storm events that may or may not occur. Mr. Campolieta responds that the Commission was presented with a UNH study indicating that pre-treatment is a best practice for snow events. Mr. Eaton also notes that the site is located on Hopmeadow Street, which is a main road that is likely already pre-treated by the Town and is not clear on where those storm systems drain.
• Dr. Bade references a concern raised by the resident of 14 Nutmeg Court around the impact of construction that may further destabilize the already unstable soil and have a negative impact on the existing trees. Mr. McGregor responds that Town Staff performs site visits during construction to ensure sediment and erosion control measures are in place and effective.
• Dr. Bade raises the idea mentioned by the public that a prudent alternative for this project would be to find a different site. Mr. Levy replies that this is likely under the Zoning Commission’s purview.
• Mr. Haldeman notes that the surrounding neighbors raised concerns around the aesthetics but comments that this is not within the Commission’s purview. Mr. Levy agrees.
• Dr. Bade raises the public’s concern that the expert reports only consider the property itself as opposed to looking for wildlife or other concerns on adjoining properties. Mr. Levy replies that the Applicant is only required to evaluate their property site. Mr. Campolieta asks whether the Commissions feels there is obvious harm to the flora and fauna of the wetlands. Mr. Testerman replies that there was nothing in the record, indicating that there would be a negative impact on the wetlands. Mr. Eaton notes that the water run-off from the site will enter the wetlands. Mr. Campolieta notes that experts and town engineers have indicated that there is no evidence that there will be a negative impact to the wetlands.
• Mr. Haldeman raises the concerns around animals migrating across the property, and Mr. Testerman responds that this concern was mitigated by the Applicant through changes to the site plan, including re-design of the parking lot curbs.
• Dr. Bade references the concern raised by the public that fresh water mollusks are existent at the site and notes that this concern is mitigated by the storm water management system.
• Mr. Haldeman raises the concern of the Farmington River flooding and its impact on Second Brook. Dr. Bade replies that the Applicant addressed this concern effectively when describing the conditions of the proposed development vs. natural conditions, noting that the development’s storm water management system should ensure that there is no impact on the wetlands from a flood perspective, as the system is designed to reduce cfs run-off.
• Dr. Bade acknowledges the concern of property owners on the impact of property values but notes that this is not within the Commission’s purview.
• Mr. McGregor asks the Commissioners to clarify their concerns on the adverse impacts to the wetlands to assist Town Staff in drafting a motion for denial.
• Mr. Eaton replies that he still has concerns around the gullying of storm water and the concentration of discharge. Mr. McGregor suggests that this concern might be addressed by including a specific condition for approval.
• Mr. Haldeman voices concerns on monitoring of the project to ensure the systems outlined in the report are working as expected to ensure there is no negative impact to the wetlands.
• Mr. McGregor inquires if the Commission would like a draft motion for denial. Mr. Levy replies if possible, he would like to review one. Mr. McGregor will work with the Town Attorney to evaluate options.

Motion: Mr. Haldeman moves to schedule Application CC#22-29 for continued deliberation and possible action to the special meeting of the Commission to be scheduled on April 25, 2023. Mr. Campolieta seconds.

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

III. GENERAL COMMISSION BUSINESS

IV. AGENT ACTIONS

Application CC#23-14 of Thomas Noonan, Owner, for a wetland permit to allow grading in the upland review area, associated with the installation of an above ground round pool, at 24 Deep Wood Road (Assessor’s Map F05, Block 302, Lot 039A) Simsbury, CT 06070, Zone R-25.

Motion: Mr. Campolieta moves to move this item for review at the next regular meeting of the Commission on May 2, 2023. Mr. Haldeman seconds.

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

V. CONSERVATION BUSINESS

VI. ADJOURNMENT

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

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

The meeting adjourned at 9:26 P.M.

Respectfully Submitted,

Cara Blackaby
Commission Clerk