Conservation Commission/ Inland Wetlands
And Watercourses Agency
Regular Meeting- Tuesday December 19, 2006
Simsbury Town Offices- 7:30PM
CALL TO ORDER
Chairman Miller called the meeting to order at 7:40pm 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.
APPOINTMENT OF ALTERNATES
None
PRESENTATION(s), DISCUSSION AND POSSIBLE VOTE
Application of Jonathan Batterson, Owner, Gregory Maglieri, Maglieri Development, LLC, Agent, for an Inland Wetlands Permit to construct a road and homes within the regulated area on property located at 344 West Mountain Road.
Commissioner Mihalic read the call.
Present for the applicant were Mr. William Case, Attorney-Case & Case LLC, Christian and Skip Alford- Alford Engineering Surveyors, George Logan- REMA Ecological Service, and Greg Maglieri, Maglieri Development.
Mr. Case stated that Mr. Maglieri has been a developer for 24 years, has done many developments in the Farmington Valley and has received praise from Town staff and clients for his ability to deal with developments in highly sensitive areas. Mr. Case stated that this proposed development would cause no impact the wetlands and none to Nod Brook. There is a limited amount of activity within the regulated area, specifically on lots five (5) and six (6). Mr. Case stated that this proposal will have the least impact on the site, and is the most prudent alternative for the site. The alternative plans for the site would have more houses and require a bridge across Nod Brook.
Mr. Christian Alford used the site map to explain the various components of the nine-acre site. He noted that at the previous meeting the wetland map was amended, adding the existing wetlands found. The proposal is to construct a 500-foot long road ending with a cul-de-sac, and house six building lots to the town’s wetland map.
Mr. Alford stated that the proposed changes include shifting the main road more to the south, constructing a second retaining wall, the first wall being 6 feet, and the second 7-8 feet, and constructing a temporary access road to be used during the beginning stages of construction. The first thing to be constructed will be a 35 feet long by 15 feet wide settling basin. The sump pump will be two-foot sump pump at the catch basin, which Mr. Alford deemed adequate. There will also be temporary basins constructed. Mr. Alford said that soils were tested and found to be primarily coarser sands, which offers better infiltration. He stated that the infiltrators will be able to handle a one-inch rainstorm. Mr. Alford said that the roof water will also be infiltrated.
Commissioner Yocom asked how the infiltration rates measured. Mr. Alford said it is based on the percolation tests done on the site.
Chairman Miller asked if the type of infiltration mentioned and the use of dry wells has been used at other developments. Mr. Alford said it has been used at other sites. He noted that the systems have to be used at sites that lends itself to it.
Chairman Miller asked what the three inches per hour would represent. Mr. Alford said it would represent a 100-year storm, but the frequency and rate would have to be considered as well.
Mr. Alford addressed the road, the home sites, and the storm drainage. He stated that homes on lots 1,2 3, and 4 are outside the 100-foot wetland review area, while lots 5 and 6 are within the review area Lot number five has been provided with a 40-50 foot backyard with the clearing line at 40-50 feet from the wetlands. The clearing line will be enhanced with plantings to mark it so the homeowner will not fill or cut in the area. There will also be a conservation easement that the town will enforce. Lot number six, also having a large backyard will be 40-50 feet from the wetlands and will also contain a conservation easement line. There will be plantings at the side of the house. Mr. Alford noted that the driveway will be constructed about 100 feet from the wetlands, and with stabilization there will be no impact the to
the wetlands.
Chairman Miller asked if the conservation easement represents 20% of the site and if that 20% represents sufficient buildible area. Mr. Alford answered yes.
Commissioner Mihalic voiced concern about the parcel located near the newfound wetlands. Conservation Officer Beach stated that the town map showed nothing but the actual stream corridor itself, no flood plain at all. Mr. Alford said that the wetlands were delineated before the application was filed.
Mr. Alford addressed the major cuts and fills. They will only occur near the roads, the homes will not see cuts and fills around them. They have been discussing with Mr. Sawitzke, Town engineer about increasing some of the cuts, Also discussed were the types of slopes and their steepness.
Mr. Alford explained that it will take about one and one half months to remove the approximately 15,000 yards of a material, necessitating at least 1,000 trucks. The amount of time to remove the material will also depend on the type of material found. The material will not be used to fill around the site; everything excavated for the cuts will be immediately removed, topsoil however will be stockpiled.
Commissioner Mihalic asked about the proposed increase in cuts. Mr. Alford acknowledged that the town’s road regulations require up to a 3% cut for one hundred feet. Mr. Alford said those regulations can be waived by the Planning Commission. Commissioner Mihalic asked how the Wetlands Commission has the ability to approve the application when there is a road proposed that wasn’t approved by the Planning Commission. Mr. Alford expressed that if the Commission has concerns about this, the original proposal could be approved, whereby more fill is taken off of the property. Mr. Alford said that the Planning Commission approves these types of waivers from time to time. Commissioner Mihalic said it should not be assumed that the waiver is a certainty.
Commissioner Yocom stated that the 20-foot long driveway below the road’s elevation seems an impossibility. Mr. Alford explained that the road’s elevation is at 304 and the garage is at 301 elevation.
Commissioner Mihalic asked where lot number five’s leach fields are located. Mr. Alford showed the location on the plan and stated that all of the septic systems are located outside of the regulated area.
Conservation Officer Beach addressed the road grading profile issue, stating that there was a similar issue with the Powder Forest project. The Wetlands Commission initially approved the grading profile, but Zoning demanded traffic calming measures, resulting in a complete change to the road’s grading profile. Since the Wetland Commission had not approved the application as such, the applicant had to come back before the Wetland Commission for rereview. He stated that Mr. Maglieri would also need to return if the same occurred.
Chairman Miller expressed that there is a lot of excavation occurring within 100 feet of Nod Brook. He asked if storm water run off could be directed to the north up West Mountain Road to the sedimentation basin during construction. Mr. Alford acknowledged yes and it would be a substantially cheaper method. He stated that the slope of the construction road will be 12% sloping down into the embankment. Mr. Skip Alford explained that the intent is to excavate from the back, away from the brook with minimal impact.
Chairman Miller asked what would prevent the water from going over the road if there were a heavy rain. Mr. Alford explained how this would not be possible. He also stated that the water would need to go over a berm as well.
Chairman Miller said a lot of clearing to be done, and much disruption to the soil, creating looser soils.
Mr. Skip Alford showed where the water will swale. He said that some stone could be added as reinforcement so that the water stays in the swale. Also rip wrap could be added as reinforcement to eliminate any problems. He explained that there is not much water, and 90% of it will go into the ground, and that the swale is big enough to take the water.
Chairman Miller said that during construction there is the possibility that trucks will go over the berm. Mr. Skip Alford said that part of the process of the project is to make sure the berm, etc is maintained and precautions taken to make sure problems do not arise. Mr. Alford said that Mr. Maglieri will be at the site and has an interest in keeping the site up to the standard. Chairman Miller reiterated the importance of making sure the required precautions are not compromised.
Conservation Officer Beach asked about percolation rates on the hill. Mr. Alford stated that percolation tests showed less than five minutes per inch. Mr. Beach asked if the percolation rate equates a storm frequency. Mr. Alford said yes.
Mr. George Logan addressed the soils found on the site, very sandy and gravely all the way down, with the high formations being different from the plain areas, where the percolation rates will be faster than on the lower levels. The capacity is to allow all of the water to infiltrate. Mr. Logan said they could come back before the Commission after running other tests on the site.
Mr. Logan said he agrees with the way the process was designed for the infiltration water. He stated that there are other ways to warn someone so that they don’t run over a berm. He stated that the DEP requirements state that 134 cubic yards per acre equates to a two-year storm.
Chairman Miller asked if there is a way to investigate some areas more extensively. Mr. Logan stated that a rig would have to be driven out to the slopes. Mr. Logan showed on the plan where auguring was done, the soils found, and the types and specifics of the wetlands. He read sections from his report, and handed out an added report entitled, “Factors to Consider in Evaluating Riparian Buffer Adequacy.”
Mr. Logan said that the upper portion of the off site brook rides on till. Water quality samples were done on the brook and everything looked fine. It was concluded, based on the inspection, that the stream is a sensitive habitat-housing stream. He explained that there are long water flow paths, and that there are sandy soils with vegetative covers.
Mr. Logan expressed that some mitigation that is over and above the normal requirements. There will be a higher berm constructed during the construction phase. He suggested to the applicant that a light erosion control blanket with embedded vegetation and seasonal grasses be used, helping with quicker stabilization of the exposed area of Lot 5. Recommended for Lot 6 are more plantings, such as evergreens and deciduous plantings along a 50-65 foot section.
Chairman Miller asked if Mr. Logan believes the capacity of the 55 cubic temporary sedimentation basin at the base of the entry should be increased. Mr. Logan said there is no reason why it can’t be increased. Mr. Alford said that the idea was to decrease the size after the construction phase, but it was made as large as possible.
Chairman Miller asked what the soil types not naturally lending itself to infiltration do to the infiltration center.
Mr. Logan said there might be a little cone. Mr. Logan said that the soils are basically sandy.
Chairman Miller asked if the sedimentation basin could go deeper to create more storage capacity. Mr. Alford said that the problem is having enough room between the road and the hill.
Mr. Logan addressed post construction. He stated that the basin will work well. He stated that a four-foot sump pump could be installed instead of the proposed two-foot sump, in case of a small spill. Also, a section of the basin could split to reduce the volume of water going through.
Mr. Alford reiterated that the septic systems for all lots except lot 5 are at least 150 feet outside of the upland review area.
Public Comment
Conservation Officer Beach noted that he received a letter from a resident about this application. It was duly noted and filed in the record.
Nancy Gregory, 44 Fernwood Drive
Ms. Gregory pointed out that LOT number six’s septic buts against her property line. Conservation Officer said that the FVHD regulations state that septic system requires 10 feet from the property. Ms. Gregory stated that there are owls, deer, fox, turkey, and hawks seen on her property. She asked about the wetlands distance to the brook.
Steve Osborne, 33 Drumlin Road
Mr. Osborne stated that per the wetland regulations the Commission is charged with evaluating the impacts of regulated activities to wetlands and watercourses. He stated that his house, faces the intersection of Talisman and Drumlin Road, and with the construction of Cold Stone Crossing they noticed a change in wildlife patterns disrupted by these developments. He stated that he now sees deer, bear, foxes, hawks, fisher cat, hawks, owls, and coyotes. He stated that the proposed development occurs on a site which remains the last crossing point from open space to open space and urged the Commission to entertain expert independent testimony on the impact of the development on the wildlife.
Eric Hammerling, Executive Director-Farmington Valley River Watershed
Mr. Hammerling expressed concern about the excavation taking place. He voiced concern about the water discharging from the culvert to Nod Brook. With the combination of the water flow from Nod Brook and the site he foresees flooding and asked if culvert is appropriately sized for the flow. Mr. Alford said the culvert was reconstructed and all of Nod Brook was analyzed as part of a flood study in 1986. He noted that they will be adding .50 acre, a miniscule amount compared with amount the 800-acre watershed adds to it. Mr. Alford said he is confident that the town owned culvert is adequate. Conservation Officer Beach said that a box culvert was put in 4-5 years ago, and in the last couple of year’s calculations for the culvert have been done. Mr. Hammerling asked if an analysis could be done to see what is passing
through the culvert to be assured that it will not add to a flooding problem. Mr. Alford said that it can be done. Conservation Officer Beach stated that the brook is a tributary to the Farmington River and mapped as having a FEMA 100-year flood plain.
Robert Rodin, 360 West Mountain Road
Mr. Rodin said that he is concerned about the hydrology and expressed concern about the culvert. He said that every time there is a rainfall now the brook hits its’ banks. He expressed concern about the pipes to be put in which will accelerate the water into the brook and demanded that something must be done to reduce the amount of water coming into it. He also stated he has noticed a change in the amount of wildlife on his property
Bob Bingham 341 West Mountain Road
Mr. Brigham expressed concern about the number of dump trucks needed, saying that it will entail undue burden on the neighborhood. He expressed that the town has done a great job of limiting residential density adjacent to a wetlands and watercourses, and this project sets a dangerous precedent. He said that there are trout in the brook because the water is very clean. He said the volume of water that flows off the ridgeline flooded the road last October and the watercourse of the Peterson home. He expressed that the road running parallel to the watercourse will have long term impact on the watercourse.
Helen B. Kaplan, 36 Drumlin Road
Ms. Kaplan said that her attorney is unable to be present. She asked if she will have the opportunity to comment further. Chairman Miller said that the public hearing will continue at a future meeting. Ms. Kaplan read the letter from her attorney dated December 19, 2006.
She showed pictures of her property to the Commission. Ms. Kaplan said it was stated at the Planning Commission meeting that FVHD approved the septic. She said that the septic was not approved, the soils were approved. Ms. Kaplan read the letter from FVHD, dated December 12, 2006, regarding the impermeability of the soils. She spoke about the wildlife and said that with this development will force more animals into the streets, She stated that it development will take away a major wildlife corridor for the animals.
Ms. Kaplan said that most of the development will be clear cut and said that tree roots will be cut and will be devastating into the wetlands and the hillside. She stated that the soils there are very well drained and not much topsoil. She said that in order to hold the bank, medium and fine soils will be needed.
Ms. Kaplan said that the upper Farmington River has been named wild and scenic and now the lower part is applying for the same designation. She stated that the plans place the maximum number of house son the site, the houses are too close to the wetlands, and heavy equipment will encroach closer than 50 feet to the wetlands. The foundation of house number six is on the 50-foot line, the property will be cleared for at least another 10 feet into the areas near the wetlands. The proposed reserved septic for lot number six will be inundated by a hundred year flood. House number five is within the upland review area, and a portion of the lot being clear cut is within 50 feet of Nod Brook.
She voiced concern about the maintenance of the drainage structures, and handed the Commission of a picture of a storm sewer from West Mountain Road. She said that the applicant has great intentions, but problems do happen and they must plan for things to go wrong.
Charles Warren, Licensed Professional Engineer.
Mr. Warren said that Ms. Kaplan asked him to speak at the meeting. He stated that the site is a tight one with many constraints. The locations of adjacent wells and septic systems have not been talked about. The Wetland regulations state that trees graded at 24 inches are called to be identified. The depth of the cut is 25 feet or more at the highest point from the road. The distance in height from the centerline of the road to the top of the cut is +48 feet vertically, no small drainage problem. He questioned whether the excavation work requires a permit, article 10D of the Zoning Regulations, because of the amount of excavation involved. At a number of locations, the plan shows that the limit of grading and the limit of siltation fence encroaches within the 50 foot regulated area, and much work is being done within the
100-foot area. He stated that regulations require the
Commission to consider areas that are upgradient of the 100-foot limit and drainage occurs within that area effecting the wetlands. Drainage from the road goes into Nod Brook within the culvert.
He stated that Nod Brook has overflowed several times this year and any additional amount of water flowing in is problematic. He noted that percolation tests were done in July, whereas the regulations require them to be done between September 15 and May 15, 2006.
Mr. Warren said that excessively drained soils require there to be 150 feet to a well and a septic system. One of the percolation test shows a percolation rate of less than 1 minute per inch while others show no more that 1.3 minutes per inch, rates that are too much/to close to the limit. One location of the infiltrators for storm water coming from the house and yard drainage areas goes into the soil upgradient of the septic system. He stated that alternate access to the site has not been mentioned. There is minimal impact to the inlands across the brook. He stated there is excessive disturbance within the 100-foot and upland regulated areas. Some have taken the memo dated December 12, 2006 from the FVHD letter as saying that the septic systems have been approved. He said that the memo from Mr. Sawitzke, town
engineer, to Mr. Beach dated November 17, 2006 stating that he is in agreement with the FVHD. Mr. Michael Klein, soil scientist, makes note that there is information missing. Mr. Warren said that the proposed is too much for the site, adding that the site might not be suitable for residential use.
Michael Klein, biologist and soil scientist
Mr. Klein stated that he was engaged by Ms. Kaplan to review the application. He asked if the Commission could ask the applicant to provide the information lacking, specifically erosion and sedimentation controls pre and post construction, slope stabilization techniques, and storm water management plans after construction. He asked that information be brought to light regarding subsurface conditions. He said that a rig could be used to test these greater depths. He expressed that it would not be unheard of to find less permeable subsurface soil. He said that the temporary access road is a good idea, but there is a need to know the phases this road will go through during construction. He addressed the retaining walls and asked who will own them. Mr. Klein noted that the two letters he wrote are on file with the
town.
Mr. Case said he sent a letter to the town regarding the issue of excavation and the need for a permit.
Mr. Warren stated that based on zoning and state regulations, the project’s level of excavation needs to be calculated to determine whether it exceeds those levels, thereby necessitating a permit.
Mr. Skip Alford said there is probably a storm water discharge permit, but he didn’t think there is any limit on excavation. Mr. Beach said that if the disturbance is more than 5 acres they must apply for a permit. Mr. Alford said they would need to calculate the amount of disturbance.
Chairman Miller asked if the applicant wanted to respond. Mr. Case said they would wait until the next meeting.
The Commission asked that the following be received and/or accomplished: more information regarding the percolation test, an inquiry into whether a machine could be brought in for a deeper percolation test, regular percolation tests done where the cut occurs, information on the phased drawings, alternative designs that were considered, and information on the wildlife corridor. Mr. Case said they have alternative plans and will submit them.
Commissioner Mihalic made a motion to continue the public hearing at the January 16, 2007 meeting.
Commissioner Winters seconded, with all in favor.
STAFF REPORT(s)
None
DISCUSSION
None
CORRESPONDENCE/ANNOUNCEMENTS
None
ADJOURNMENT
Commissioner Mihalic made a motion to adjourn the meeting at 11 PM.
Commissioner Yocom seconded with all in favor.
Respectfully Submitted,
__________________________________
Commissioner Ryan Mihalic, Secretary
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