08/15/2023 CC/IWWA Minutes

Meeting date: 
Tuesday, August 15, 2023

CONSERVATION COMMISSION / INLAND WETLANDS AND WATERCOURSES AGENCY
Regular Meeting – August 15, 2023, 7:30 P.M.
Held at the Board of Education Conference Room at Simsbury Town Hall
933 Hopmeadow Street, Simsbury, CT 06070

I. CALL TO ORDER & ROLL CALL

Chair Winters called the meeting to order at 7:31 P.M.

Present: Assistant Town Planner, Brittany MacGilpin; Chair, Margery Winters; Secretary, Joseph Campolieta; Andrew Bade, Donald Eaton, Charles Haldeman, Kyle Testerman, and Cailyn Welsh.

Absent: Vice Chair, Jason Levy and Jason Berman

Commissioner Testerman and Commissioner Welsh were appointed as regular members for tonight’s meeting.

II. APPROVAL OF MINUTES

July 18, 2023, Regular Meeting

MOTION: Chair Winters made a motion without objection to accept the Minutes of the July 18, 2023, Regular Meeting as written.

III. NEW APPLICATIONS FOR RECEIPT AND DETERMINATION OF SIGNIFICANCE

No Applications.

IV. PUBLIC HEARING AND/OR ACTION ON APPLICATIONS

Application CC #23-28 of 38 Long View Drive, LLC, Owner James Lewis, Applicant, for a wetland permit to dredge  1,000 sq. ft. of the pond on the property for regular maintenance of the pond at 38 Long View Drive, (Assessor’s Map C13, Block 301, Lot 020) Simsbury, CT 06070, Zone R-40. (Determined Non-Significant at the July 18, 2023, Meeting. Action Scheduled for August 15, 2023).

• Ms. MacGilpin stated that Mr. Lewis would like to dredge a portion of his pond approximately 6 ft. by 6 ft., and then another trench of the same size. It would be the removal of mostly sand silt and some vegetation with the use of an excavator. There will be soil and erosion control measures that are in place, hay bales in the downstream and silt fencing around the stockpile.

MOTION: Commissioner Haldeman made a motion, seconded by Commissioner Bade, for the Conservation Commission to approve Application CC #23-28 of 38 Long View Drive, LLC, Owner, James Lewis, Applicant, for a wetland permit to dredge  1,000 sq. ft. of the pond on the property for regular maintenance of the pond at 38 Long View Drive, (Assessor’s Map C13, Block 301, Lot 020) Simsbury, CT 06070, zone R-40, based upon the following findings:

a. Short-term impacts from the proposed activity will be controlled by installation and maintenance of erosion and sediment controls.

b. The disturbed access areas of the project will be restored to the original condition once the project is complete.

And subject to the following conditions:

1. The project shall be implemented in conformance with the submitted application, dated June 29, 2023.

2. Native plantings will be used for replanting and invasive species removed to the greatest extent possible.

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 application or other measures deemed necessary by the Commission’s agent to prevent erosion and sedimentation impacts to the watercourse.

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.

The motion carried unanimously. (7-0-0).

Application CC #23-26 of 894 Hopmeadow Street, LLC Owner, Charles Houlihan, Applicant, for a wetland permit to fill  3, 229 sq. ft. and other site disturbance within the wetland soils and associated activity in the upland review area for the construction of a  53, 773 sq. ft. mixed-use residential building at 894 Hopemeadow Street, (Assessor’s Map H09, Block 227, Lot 004A) Simsbury, CT 06070, Zone SC-1. (Determined Significant at the June 20, 2023, Meeting. Scheduled for Public Hearing on July 18, 2023. Public Hearing Postponed by the Applicant and Rescheduled for August 15, 2023, Meeting).
• Mr. Houlihan stated that they received a detailed analysis of the preferred native plants.
• Tristan Wallace, of Loureiro Engineering, stated that the footprint of the building is about 23,500 sq. ft. the total floor area is around 53,000 sq. ft. The new design will maintain the current flow of stormwater to the east to the wetlands, with surface runoff flowing to Hopemeadow Street. After a report found that there is very minimal function and value of the wetlands, they plan on filling 3,500 sq. ft. of the existing wetlands. The stormwater design will be infiltration systems that allow for recharge of ground water and treatment of water quality prior to discharge into the wetlands. During construction they are intending to do double rows of compost socks around the wetlands. They plan on enhancing it with more native plants.
• Commissioner Welsh asked if the building plan involved taking down the current building and impacting the current parking lot. Mr. Wallace responded that it would be a complete redevelopment of the site for the mixed-use building and access way, with parking underneath the building.
• Chair Winters asked about the maintenance of the wetlands. Mr. Wallace responded that there will be a maintenance schedule implemented by the owner of the updated property. The plantings of the native species will have a one-year warranty on the first install and then anything after that would be visual inspections to maintain the wetland and proper function. In the stormwater report that the Town has they have a sample maintenance schedule that could be supplied to the owner that they fill out as they have their visual inspections.
• Commissioner Testerman asked about the location of the dumpster for the new plan and if it would be bear-proof. Mr. Wallace made a note about making it bear-proof and responded that it would be enclosed on the South End, six to seven feet higher than the wetlands. There is a retaining wall along the backside of the wetlands.

MOTION: Secretary Campolieta made a motion, seconded by Commissioner Welsh, to close the public hearing for Application CC #23-26 of 894 Hopmeadow Street, LLC Owner, Charles Houlihan, Applicant, for a wetland permit to fill  3, 229 sq. ft. and other site disturbance within the wetland soils and associated activity in the upland review area for the construction of a  53, 773 sq. ft. mixed-use residential building at 894 Hopmeadow Street, (Assessor’s Map H09, Block 227, Lot 004A) Simsbury, CT 06070, Zone SC-1. The motion carried unanimously. (7-0-0).

MOTION: Commissioner Haldeman made a motion, seconded by Secretary Campolieta, for the Inland Wetland and Watercourses Agency to approve Application CC #23-26 of 894 Hopmeadow Street, LLC, Owner, Charles Houlihan, Applicant, for a wetland permit to fill  3,229 sq. ft. and other site disturbance within the wetland soils and associated activity in the upland review area for the construction of a  53,773 sq. ft. mixed-use residential building at 894 Hopmeadow Street, (Assessor’s Map H09, Block 227, Lot 004A) Simsbury, CT 06070, zone SC-1 based upon the following findings:
a. Short-term impacts from the proposed development will be controlled by installation and maintenance of erosion and sediment controls and construction run-off controls.

b. The soil scientist report stated that the wetland functions and values are minimal, and that the small loss of wetland soils will have no adverse environmental impact.

c. The applicant stated in the application that prudent and feasible alternatives were considered. Requirements by the DOT and Town would not permit a curb cut on the north side of the soils for safety reasons and therefore, the curb cut is proposed to be located on the south side instead.

And subject to the following conditions:

1. The project shall be developed in substantial conformance to the site plan titled, “894 Hopmeadow Redevelopment, Wetlands Submission,” dated June 10, 2022 (revised August 9, 2023), prepared by Loureiro Engineering Associates, Inc.

2. The project shall be in substantial conformance with the planting plan as revised and submitted by the applicant on page LI of the civil plan set. A maintenance plan shall be submitted by the property owner to the Land Use Office prior to the issuance of a CO for the project. The plan shall address the ongoing maintenance activity that will occur to ensure the health of the proposed wetland plantings and include mitigation efforts to prevent the presence and spread of future invasive plant species (as defined by the CT Invasive Plant Working Group (CIPWG)). An annual report addressing the condition of the plantings at the site shall be submitted to the Land Use Office on September 1 for the three years following the year the CO was issued.

3. Soils 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 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.
1. 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.
2. Upon direction of the Commission’s agent, erosion and sediment control measures shall be removed by the applicant following stabilization of the site.
3. The Inland Wetlands Agent shall be notified at least 48 hours prior to commencement of activities.

The motion carried unanimously. (7-0-0).

V. GENERAL COMMISSION BUSINESS

• The Commission discussed establishing conditions for reports that are like the one needed for Application CC #23-26.

• The Commission discussed being involved in decision making that goes through Zoning, Design Review Board, and Planning, and at least being able to provide education.

• Secretary Campolieta stated that the Land Trust is asking for a grant from the Lower Farmington River and Salmon Brook Wild and Scenic Committee to do invasive plant management and habitat restoration at the Owen-Mortimer Preserve, and it would be helpful if they had could submit a letter of support from the Commission.

VI. AGENT ACTIONS

No Agent Actions.

VII. CONSERVATION BUSINESS

No Conservation Business.

VIII. ADJOURNMENT

MOTION: Commissioner Haldeman made a motion, seconded by Secretary Campolieta, to adjourn the meeting. The motion carried unanimously. (7-0-0).

Chair Winters adjourned the meeting at 8:28 P.M.

Respectfully Submitted,

Amanda Blaze
Commission Clerk