Conservation Commission/ Inland Wetlands
And Watercourses Agency Minutes
Regular Meeting- Tuesday June 20 , 2006
Simsbury Town Offices- 7:30PM- Main Meeting Room
I. CALL TO ORDER
Chairman Miller called the meeting to order at 7:30pm in the Main Meeting room of the Simsbury Town Offices. The following Commissioners were present: Commissioner Winters, Commissioner Yocom, and Commissioner Mihalic. Also present was Conservation Officer Beach.
II. APPOINTMENT OF ALTERNATES
None
III. ELECTION OF OFFICER (SECRETARY) (tabled at 6/6/2006 meeting)
Commissioner Winters motioned to table the election.
Commissioner Yocom seconded, with all in favor.
PUBLIC HEARING (s), DISCUSSION AND POSSIBLE VOTE
a. Application of Timothy J. Ruark, Applicant, for an Inland Wetlands Permit to reconstruct the Hop Hollow/Apple Lane weir within the regulated area on property located at Hop Brook.
Commissioner Mihalic, Acting Secretary, read the call.
Mr. Timothy Ruark, and Mr. Steven Mitchell were present to discuss the application. Mr. Ruark expressed his thanks to the Commission for scheduling the public hearing.
Mr. Ruark explained that in August 2005 a project was undertaken to reinforce the existing weir, which was successful. In October 2005, some of the work was washed out due to excessive rains and it was noted at this time that a permit was required.
At the last meeting there were many levels of concern raised. 1. It was determined that the work is a significant activity, thereby necessitating a public hearing. 2. The concern that the activity involves work to an entryway to a watercourse. 3. The Commission’s policy concerns per with the activity. 3. The concern that the activity has been on going without any type of regulation. 4. The importance of giving proper notice of the activity to effected individuals in order that they reserve the opportunity to make an informed decision.
Mr. Ruark explained that the work will not involve heavy machinery, just the lifting and placing of the rocks and the reinforcement of the rubber membrane. There is a small amount of work to be done downstream to reinforce the bank downstream from the weir with sandbags. Once in place, the sandbags will be covered with rocks for aesthetic purposes. Mr. Ruark stated the work will take approximately one week.
Commissioner Mihalic asked Zoning Compliance Officer Beach to inform them of his conversation about the project with DEP. Zoning Compliance Officer Beach said that DEP explained the project is not something their office controls, but did offer to give a free review of the project. After looking over the plans, DEP informed him that the project will work. As for the water withdrawal from the pond, it was decided that a standpipe will be installed to measure the level of the pond.
Chairman Miller asked where the water from the 12”PVC pipe is discharged to. Mr. Ruark explained that it discharges into the water that is a part of HopBrook, downstream from the weir.
Commissioner Yocom asked if there is a provision for water to flow through the dam below. Mr. Ruark stated there is always water that flows and the dam has always had flow.
Chairman Miller asked if there is a ledge or gravel so that the pipe doesn’t scrape. Mr. Ruark responded yes.
Mr. Ruark said that the level of the pond will be brought down a few feet in order to do the work, but expressed that since the work has stopped the weir has been displaced. He stated that the elbow has been removed and currently the pond is very low, and is most likely at its’ lowest point.
Commissioner Yocom asked if the rubber membrane was torn up from the storm in October 2005. Mr. Ruark answered yes, some of it seems to have held but it needs reinforcement. He stated that currently the water flows over it.
Commissioner Winters asked about stabilization efforts downstream, and reiterated the concept of the benefits of a shrub border next to the pond. Mr. Ruark said sandbags and rock reinforcements will be used for downstream stabilization, and added that shrubs could be implemented for aesthetic purposes as well. As for the shrub border/buffer, Mr. Mitchell noted that he e-mailed the residents of HopHollow and Apple Lane to not mow ten feet from the water, thereby leaving a buffer.
Chairman Miller asked if the public had comments to offer. No comments were voiced.
A motion was made by Commissioner Mihalic to close the public hearing.
The motion was seconded by Commissioner Winters, and carried unanimously.
A motion was made by Commissioner Mihalic that this is a regulated activity by reason of construction in the regulated area and in close proximity to a watercourse.
The motion was seconded by Commissioner Yocom, and carried unanimously.
A motion was made by Commissioner Mihalic that this is a significant activity because it involves activity within the watercourse and wetland, the alteration of the height of a town waterbody. It is also deemed significant because of its’ effect on properties abutting the pond area, as well as those downstream to Hop Brook.
The motion was seconded by Commissioner Winters, and carried unanimously.
A motion was made by Commissioner Mihalic to grant the application with the recommendations set forth in the staff report, including but not limited to the use of the standpipe in order to measure the level of the pond. It is also strongly suggested that shrub plantings be situated below the weir and the lawn areas immediately abutting the pond not be mowed 10-15 feet from the water’s edge.
The motion was seconded by Commissioner Winters, and carried unanimously.
V. PRESENTATION(s), DISCUSSION AND POSSIBLE VOTE
a. Application of Ensign-Bickford Realty Corporation – Applicant for an Inland Wetlands Permit for amendments to the approvals granted on September 21, 2004 within the regulated area on property located at The Powder Forest, Bushy Hill Road and Stratton Book Road.
Mr. Beede Moore and Mr. Roy Ceele-Representing Powder Forest Homes, were present to discuss the application.
The application is for an amendment to the wetland permit in order to satisfy the town’s concerns with the piping and the drainage piping. He explained that some of the pipes had water in them under the road and there were concerns that this water would freeze and cause heaving problems. Mr. Moore explained the proposition and showed on the plans where the project changes are to occur. The plan is move one level spreader, increase the flow of another biofilter, and add a biofilter in the wetlands of a buffer area.
Chairman Miller asked if the plan is to infiltrate the run off in one area. Mr. Moore said yes, it is to get the discharge of the pipe to be even with the biofilter. Zoning Compliance Officer Beach said that it is mostly to take the velocity out of the system.
Chairman Miller expressed that if wetland soils are implemented the soil will be poorly drained and the plants will do well, but the water will not infiltrate. Mr. Roy Ceele expressed that it is not shown on the plans, but an unplanted 5-foot strip of sand will be left on the toe of the inland pond side embankment and within the level spreader.
Zoning Compliance Officer Beach explained that the only area getting plants and seeded significantly is the actual berm, which needs to be stabilized.
The Commission discussed the plants to be implemented, and Chairman Miller and Commissioner Winters wondered as to the plants’ successfulness. Mr. Ceele said that they’ve used the same plants elsewhere.
Mr. Ceele stated that if a berm is required they will construct it of 3-4” stone/gravel and covered with filter fabric and then topsoil. The berm will be surrounding the downstream basin. The swales will use the native soils. No part of the basin will be planted, just plantings along the slopes.
Commissioner Winters asked what would be the strategy if the plants fail, and if a maintenance plan is in place. Mr. Ceele said that there are pre and post construction maintenance and inspections, with detention basin inspections also done annually. Commissioner Winters expressed that one can tell earlier than a year if plants hold. She expressed pleasure with concept of implementing the biofilter for the wetland plants, but was concerned about their survival rate. She also expressed concern on the compatibility of the plants.
Chairman Miller stated that a rain garden concept might be more attractive and work better.
The Commission looked at the site plans and discussed where plantings and the level spreader will be implemented.
Chairman Miller asked whether there are detention basins are on site. Mr. Ceele said there are 15 biofilters on the site and some have been constructed in the first neighborhood.
Commissioner Mihalic expressed that on the site walk it was determined that the biofilters will be carved around the existing landscaping to preserve some growth. He added that on the site walk one could see how the existing planting called for the level spreader and shifting it over will make a big difference. He added that the answers at this meeting are consistent with what was seen on the site walk. He stated that all of the activity is within the regulated area and not into the wetland itself, and with limited incursions beyond what was already improved.
Commissioner Winters expressed that the improvements are excellent, but stated she hopes they check to make sure that the plants survive.
A motion was made by Commissioner Winters that this is a regulated activity by reason of the disturbance in the regulated area.
The motion was seconded by Commissioner Mihalic, and carried unanimously.
A motion was made by Commissioner Winters that this is not a significant activity because the disturbance will be reseeded and there will not be sedimentation going into the wetlands.
The motion was seconded by Commissioner Mihalic, and carried unanimously.
A motion was made by Commissioner Winters to grant the application with the caveat that during the 3-4 year buildout of the project, a plant maintenance and inspection plan is implemented to ensure the plants take/are suitable for the soils, and the biofilters are working.
The motion was seconded by Commissioner Mihalic, and was carried unanimously.
VI. APPROVAL OF MINUTES of May 2, 2006, May 16, 2006 and June 6, 2006
Commissioner Mihalic moved to table the minutes of May 2, 2006, and May 16, 2006.
Commissioner Winters seconded with all in favor.
Commissioner Mihalic moved to approve the minutes of June 6, 2006.
Commissioner Winters seconded with all in favor.
VII. STAFF REPORT(s)
Zoning Compliance Officer Beach introduced Hiram Peck, newly hired Planning and Community Development Director.
VIII. DISCUSSION
The Commission discussed the letter drafted by Commissioner Winters pertaining to the Commission wanting a referral of projects impacting storm sewer discharge emptying into a wetland or watercourse. She stated that some development projects could likely be over the 100-foot regulated area, but still have an impact on the wetland. Commissioner Milhalic said that per the state regulations, the Commission has the right to have these projects come before the Commission, but a second opinion by Atty. DeCrecenzo is needed. Zoning Compliance Officer Beach said that town staff could flag those projects, and/or a referral process could be developed with Planning and Zoning Commission to automatically refer the project to the Commission.
A letter concerning the issues with the building inspector was discussed. Zoning Compliance Officer Beach stated that he had a conversation with him. The Commission will discussed the letter at the next meeting.
Zoning Compliance Officer Beach received a letter from TPL requesting that he write a letter to TPL (The Trust for Public Land) supporting the Ethel Walker Property issue. He stated that due to the fact that he is on town staff, a member of the Commission should write the letter. He did comment on the many points that should be mentioned. The Commission addressed whether it would be prejudicial if the Commission wrote a letter supporting it, if and when the application comes before the Commission. Zoning Compliance Officer Beach agreed that maybe FRWA (Farmington River Watershed), TPL, or (The Trust for Public Land) other groups in town to put together a letter in support. Zoning Compliance Officer Beach, speaking on the financial aspect of supporting the project, expressed that in the last 10 years at least 4 times as
much land has been preserved as has been subdivided.
IX. CORRESPONDENCE
Zoning Compliance Officer Beach stated that he has been out to the Meadowoods site doing the last of the soil sampling. He stated that when all of the issues are rectified it would be coming before the Commission.
Commissioner Winters expressed concern regarding the Simsbury Farms walk course. Zoning Compliance Officer Beach stated that at some point he would walk the site with Mr. Gerry Toner, Director-Culture, Parks, and Recreation.
IX. ADJOURNMENT
Commissioner Winters made a motion to adjourn the meeting at 9:20pm.
Commissioner Mihalic seconded, with all in favor.
Respectfully Submitted,
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Commissioner Mihalic, Acting Secretary
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