05/02/2023 CC/IWWA Minutes
CONSERVATION COMMISSION/INLAND WETLANDS AND WATERCOURSES AGENCY
REGULAR MEETING MAY 2, 2023, 7:30 P.M. HELD MAIN MEETING ROOM SIMSBURY TOWN HALL
I. CALL TO ORDER & ROLL CALL
Chairman Winters calls the meeting to order at 7:30 P.M.
Present: Director of Community Planning and Development, George McGregor, Assistant Town Planner, Brittany MacGilpin, Andrew Bade, Joseph Campolieta, Donald Eaton, Charles Haldeman, Kyle Testerman (Alternate), Margery Winters
Absent: Jason Berman, Jason Levy, Cailyn Welsh (Alternate)
Kyle Testerman is seated as a full member in Mr. Berman’s absence.
II. APPROVAL OF MINUTES
April 18, 2023
• Mr. Haldeman requests Line 219 to be corrected to read “bike path”.
April 25, 2023
• Ms. Winters requests to postpone approval of the April 25, 2023 meeting minutes until the next regular meeting of the Commission to provide additional time for review.
Motion: Mr. Campolieta motions to approve the April 18, 2023 minutes for the Regular Committee meeting. Mr. Haldeman seconds.
All in favor, no opposed, no abstentions. (6-0-0)
III. NEW APPLICATIONS FOR RECEIPT AND DETERMINATION OF SIGNIFICANCE
Application CC#23-17 of Whitman Pond Homeowners Association, Owner, for a wetland permit to hydro-rake the ponds to remove natural debris at the end of Whitman Pond Road Street, (Assessor’s Map E07, Block 303, Lot 000) Simsbury, CT 06070, Zone R-80.
• Don Bodell, resident of 8 Whitman Pond and Project Manager for the Whitman Pond Homeowners Association, provides an overview of the project, noting that the vegetation on the banks of the pond will be removed to prevent further dry out of the pond.
• Ms. Winters inquires about types of plants being removed.
• Shawn Lawlor, resident of 12 Whitman Pond, replies that the vegetation to be removed is leaf debris that is rotting and causing the water levels to shrink and oxygen levels in the water to decrease which creates an unhealthy environment for the local water species and habitat. He notes that vegetation that will be removed is located along the waterline to approximately 15 feet into the pond.
• Dr. Bade inquires what percentage of the water body will have vegetation, noting that typically 20% is a recommended target for adequate habitat. Mr. Lawlor confirms that vegetation will be at least 20% and estimates an amount closer to 60% of the pond is submerged aquatic vegetation.
• Ms. Winters inquires if there are issues with algae. Mr. Bodell replies that algae content has not been tested, but no issues have been noted.
• Ms. Winters notes that the report provided includes a fish toxicity and chemical use disclaimer. Mr. Bodell confirms to Ms. Winters that no chemicals will be utilized as part of this project.
• Ms. Winters recommends considering a soil test for fertilizer levels caused by run-off from the surrounding properties.
• Dr. Bade inquires about when the work will begin. Mr. Bodell replies that the work will start this month if required approvals are received. If approvals are not received in time for work to start this month, then the project would be postponed until the fall, as it would not be ideal to complete during the summer. Dr. Bade agrees.
Motion: Mr. Haldeman moves to find Application CC#23-17 of Whitman Pond Homeowners Association, Owner, for a wetland permit to hydro-rake the ponds to remove natural debris at the end of Whitman Pond Road Street, (Assessor’s Map E07, Block 303, Lot 000) to be a non-significant activity and schedules it for action at the next regular meeting of the Committee on May 15, 2023. Mr. Campolieta seconds.
All in favor, no opposed, no abstentions. (6-0-0)
IV. PUBLIC HEARING AND/OR PUBLIC ACTION ON APPLICATIONS
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. Nelson, Owner of the Simsbury Grist Mill and Contractor, notes that the bridge is deteriorating needs to be replaced. As part of the proposed project, the bridge will be widened. He notes that a tarp will be strung to contain debris from falling into Hop Brook.
• Mr. Eaton inquires if there will be an impact to the retaining wall. Mr. Nelson responds no.
Motion: Mr. Campolieta moves to approve 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) Brook at 77 West Street,) Simsbury, CT 06070, Zone PAD, 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 4-10-2023, prepared by Loureiro Engineering Associates.
2. The project shall be developed in substantial conformance with the architectural plans dates 4-5-2023, prepared by Cianci Engineering, LLC and Kemper Associates Architects, LLC.
3. Final stabilization of disturbed soil areas shall be stabilized with the application of loam, seed, required plantings, and appropriate erosion control measures.
4. 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 site plan (see condition #1) or other measures deemed necessary by the Commission’s agent to prevent erosion and sedimentation impacts to the wetlands and watercourses.
5. 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.
6. Upon direction of the Commission’s agent, erosion and sediment control measures shall be removed by the applicant following stabilization of the site.
7. The Inland Wetlands Agent shall be notified at least 48 hours prior to commencement of activities.
Mr. Haldeman seconds.
All in favor, no opposed, no abstentions. (6-0-0)
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.
• Mr. McGregor provides an overview of the project, as the Applicant is not present.
• Ms. Winters inquires about where the grading will stop on the property. The Commission reviews the site plan pictures, noting the goal is to flatten the yard up to the line noted on the site plan. The slope behind the line into the surrounding woods will be smoothed.
• Ms. Winters recommends that the Applicant plant native shrubs and would like this included as a condition for approval.
• Mr. Testerman would like to include a recommendation around the removal of invasive species to be included as a condition for approval.
Motion: Mr. Haldeman moves to approve 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, 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 (Exhibit 1) received and stamped by the Planning Department, April 18, 2023, showing slope, limits of disturbance and distances and including the narrative explanation received on the same date.
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 site plan (see condition #1) or other measures deemed necessary by the Commission’s agent to prevent erosion and sedimentation impacts to the 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 Inland Wetlands Agent shall be notified at least 48 hours prior to commencement of activities.
7. Commission requests the planting of native shrubs and the removal of invasive species within and immediately adjacent to the construction area.
Mr. Campolieta seconds.
All in favor, no opposed, no abstentions. (6-0-0)
V. OLD BUSINESS
• The Commission discusses the current town regulations, which limit the Commission’s ability to hire third party experts to project over 100,0000 sq. ft.
• Mr. McGregor notes that the Commission can make a recommendation to the Board of Selectman to review and/or revise the town ordinances for a less burdensome path.
Motion: Mr. Campolieta moves that the Chairman drafts a letter for the Commission’s consideration to recommend the Board of Selectman to change the conditions under which a third party expert can be hired. Mr. Haldeman seconds.
All in favor, no opposed, no abstentions. (6-0-0)
VI. GENERAL COMMISSION BUSINESS
VII. 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 pool, at 24 Deep Wood Road (Assessor’s Map F05, Block 302, Lot 039A) Simsbury, CT 06070, Zone R-15.
Application CC#23-16 of Claudio and Nubia De La Vega, Owners, for a wetland permit to replace existing deck in the upland review area, at 35 Berkshire Way (Assessor’s Map G04, Block 403, Lot 339) Simsbury, CT 06070.
VIII. CONSERVATION BUSINESS
• Ms. Winters recommends that the Commissioners take the online wetlands training course offered on the CT DEEP website, if they have not already done so.
• Mr. McGregor introduces Brittany MacGilpin, the new Assistant Town Planner.
IX. ADJOURMENT
Motion: Mr. Haldeman motions to adjourn. Mr. Campolieta seconds.
All in favor, no opposed, no abstentions. (6-0-0)
The meeting adjourns at 8:14 P.M.
Respectfully Submitted,
Cara Blackaby
Commission Clerk