Simsbury, CT - Conservation Commission Minutes 04/01/2008

Chairman Miller called the Regular Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:35 PM in Room 103 of the Simsbury Town Offices. The following members were present: Commissioners Nick Zackeo, Margaret Sexton and Donald Rieger, Jr. Also in attendance was Howard Beach, Conservation Officer.

a. Application of Betty Ann Fiora and Rose Rhea Hoffman Trust (Phyllis Hoffman, Trustee) - Owners, Hoffman Enterprises, Applicant, for an Inland Wetlands Permit relating to the increase of impervious surface for a proposed vehicle storage area and expansion of existing detention basin on property located at the Hoffman Auto Park, 395 West Mountain Road and Albany Turnpike.

Attorney Donohue stated that they are not seeking any permits tonight. This application is an amendment to a Site Plan and an application that was approved last year. He stated that when this application was approved it was for 18 acres. They are seeking a zone change for 6 additional acres and a site plan amendment for all 25 acres.

Attorney Donohue stated that there has been a lot of neighborhood resistance and legal issues; the owner has since gotten involved with litigation with Betty Fiora. Ms. Fiora was interested in protecting her right-of-way and the finality of the completion of the plan. An agreement has been reached between the owners and Ms. Fiora.

Regarding the settlement, Attorney Donohue stated that they agreed to buy the one acre (50' strip) from Ms. Fiora, which served as an access to her property. She now has a right-of-way, a jeep road, on the northern most 100' of their property. They have also included several protections in the settlement given to Ms. Fiora, which enables Hoffman to have a 270 vehicle storage area.

The applicant has met with the neighbors to mitigate the impacts of this site. They will be installing a fence, which will have a 6' level that will be raised to an 8' level near the parking area. They will also be doing plantings in this area.

Mark Arigoni, Milone & MacBroom, showed the Commission members a scale model of the site and surrounding neighborhood. Mr. Arigoni showed where the inventory storage parking would be located, which he stated would have just under 35% impervious surface. He also showed the members the upper and lower parking areas, which would be separated by a retaining wall. Mr. Arigoni stated that there would not be any fill going on or off of the site for the wall. They will also be maintaining the Evergreens in the area of the parking lot. Mr. Arigoni stated that they have addressed the lighting of the parking lot. There will not be any lighting at the entrance of the lot nor will the lot have any major lighting because the lot will be used for inventory storage parking only. He also showed the members the emergency access road and where the jeep road will be located.

Regarding the fence, Mr. Arigoni stated that it will extend around to the back of the site and will help obstruct the views for the neighbors. Chairman Miller questioned how far away the nearest neighbor was to the parking lot. Mr. Arigoni stated that the nearest house was a little less than 200' away.

Chairman Miller questioned if the applicant had looked at the use of porous pavers for the parking lot. Mr. Arigoni stated that they have the ability to use the very large detention basin. Because of the increase of impervious surface for the parking area, the basin will get a little bit bigger on the parking lot side. But because of the soils and the infiltration, the ground water recharge and the water quality levels were good, the applicant decided that this is the way they should go.

Commissioner Rieger questioned if there was any reason for concern regarding the Crystal Stream structure to handle chemicals that might be floating off of the pavement. Mr. Arigoni stated that they have used the Crystal Stream in many cases and it has worked very well and is very effective.

Chairman Miller questioned if there was standing water on the site. Mr. Beach stated that he has been out to the site many times and has only seen water in the wetlands once, as a result of extremely heavy rains. At the end of the detention basin, they have a level spreader. The water has to overtop the whole system to flow out into the wetland.

Commissioner Rieger questioned what the protocol to follow is regarding inspecting and cleaning the Crystal Stream structure. Mr. Arigoni stated that the benefit of the Crystal Stream structure is that they have a maintenance plan. Although the owner is responsible for the maintenance, the Crystal Stream structure company offers a routine maintenance, which will be followed. Mr. Beach stated that they have been making this a part of the Site Plan approval through the Zoning Commission.

Commissioner Sexton made a recommendation to the Zoning Commission that the Conservation Commission/Inland Wetlands & Watercourses Agency regarding the above application, stating that the site plan management of Phase II be incorporated into the already approved Site Plan management of Phase I, including the updates on the storm water collection systems and the inspection reports be reported to the Town. Commissioner Rieger seconded the recommendation, which was unanimously approved.

Mr. Beach stated that they are still in discussions with the Town Engineer regarding the type of hydraulic analysis that is needed for the streambed. He stated that the applicant is not prepared for tonight's meeting.

Commissioner Sexton motioned that this show cause hearing for unpermitted wetland activity at One Cedar Hill Road be tabled until the next regular meeting. Commissioner Rieger seconded the motion, which was unanimously approved.

Mr. Beach stated that this parcel was split a year ago, at which time this Commission suggested a conservation restriction on the parcel. The Planning Commission took this restriction in lieu of open space. The Drummey's would now like to purchase the lot and recombine the two lots. Mr. Beach stated that because there will not be any development on the second parcel, they would like to have the conservation restriction removed from the site because in the future, they would like to do some work in that general area. The way the restriction was written, it gives the current owner the right to come on the property to plant things and it also gives the Town the right to drain the water and do whatever work that needs to be done.

Chairman Miller questioned what the purpose would be of removing the restriction. Mr. Drummey read the legal language of the restriction. He feels that he will not be able to do the general work in this area that he would like to. He stated that he would also like to reincorporate the land the way it was in the past and having the restriction might cause problems doing this.

Chairman Miller stated that if the restriction was taken away, he would not want the homeowner to mow the lawn down to the edge of the pond. Mr. Beach stated that this is important because the fertilizer could get into the pond and because geese will not feel threatened and make a mess out of the pond, to the point where it would not be usable. Mr. Drummey stated that on the high side of the pond, there are woodlands down to the pond. The back side of the pond is not common to the marsh, it is woodland, although a little marshy. Commissioner Rieger suggested that they recommend the maintenance be substantially natural and not cultivated.

Commissioner Rieger made a recommendation to the Planning Commission that the Conservation Commission/Inland Wetlands & Watercourses Agency does not feel that it will be a detriment to the property to remove the restriction as it was in position based on the impacts associated with construction, which are no longer proposed. This Commission also recommends that a buffer be maintained along the perimeter of the wetland, which would be kept in a substantially natural state and not cultivated, other than for plantings of ecologically appropriate trees and shrubs. Commissioner Sexton seconded the recommendation, which was unanimously approved.

a. Administrative issuance of an Inland Wetlands Permit on the application of Lewis F. Banci, Owner, to construct a 10-foot by 12-foot garden shed within the regulated area to a wetland on property located at 7 Springbrook Lane.

b. Administrative issuance of an Inland Wetlands Permit on the application of Gerald J. Murphy, Owner, to place a 10-foot by 10-foot replacement shed (on blocks) within the regulated area to a wetland on property located at 14 Hedgehog Lane.

Mr. Beach distributed an aerial picture of the site, which shows the existing shed. He stated that the homeowner would like to replace it with a larger shed, which will be on concrete blocks. Although it is within 100' of the regulated area, there are no impact to the wetlands.

Mr. Beach stated that he did receive a letter of resignation from Thomas Sharpless, who has been on the Commission for approximately 30 years. The Commission discussed writing a letter of appreciation for Thomas Sharpless and John Yocum.

Also, Mr. Beach stated that when he was out looking and inspecting another property today, he noticed that someone had built a 12' x 16' cottage on their property right in the wetlands. He stated that the current owner did not construct this cottage. This will be on the agenda for the next meeting.