Simsbury, CT - Conservation Commission Minutes 05/06/2008

Chairman Miller called the Regular Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:30 PM in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Commissioners Ryan Mihalic, Margery Winters, Margaret Sexton and Donald Rieger, Jr. Also in attendance was Howard Beach, Conservation Officer.

a. Application of Brad Baran, Quad B LLC - Owner, EMG Associates, Inc., Applicant, for an Inland Wetlands Permit for construction of a pool, pool house, and also drainage pipe and easement relocation within the regulated area to a wetland on property located at 25 Cobtail Way.

Jack Malonie, an Engineer working with EMG Associates, stated that the Baran's are proposing a pool house cabana, hot tub and pool on their property. He stated that one of the issues is the existing drain line that runs through the middle of what they are proposing. They are proposing to pick up the main line, which is a street drain line for Cobtail, to another manhole, to a 90 degree turn down to a drop manhole and out to the existing plunge pool. He stated that they will need to fix the plunge pool, which is in disrepair from significant storms over the years. After this, Mr. Malonie stated that they would be constructing the pool area. He stated that they would also be bringing up boulders and constructing a retaining wall to help stabilize the slope.

Regarding the volume and water velocity, Mr. Malonie stated that the volume of water will always be there, although they have will engineer it in a way so it is at less of a pitch than what is currently there. This will slow the velocity of water down that will be going into the plunge pool.

Chairman Miller questioned if there were any water quality improvements for the site. Mr. Malonie stated that they would be improving the plunge pool. Chairman Miller also questioned if there were sumps in the catch basins up hill. Mr. Beach stated that there are sumps along the way, which are maintained.

The Commission discussed the topic of chlorine in the pool and the even higher levels in the hot tub and their concerns regarding these chemicals getting into the plunge pool. Commissioner Mihalic stated that there is a very steep grade and there is not a lot of room between the pool and the plunge pool, which feeds into the wetlands. Mr. Beach stated that the Commission could require that if the pool is emptied, that it be pumped off-site.

Commissioner Mihalic stated that there are several questions that this Commission still needs answered about the pool construction (i.e., the depth, a maintenance plan), where materials will be stockpiled and what precautions will be taken. He questioned when the applicant would like to get started with the construction. Mr. Malonie stated that they still need to finish the easement plan; they are waiting for proposals to come back from several surveyors. Commissioner Mihalic suggested they should table this application until more details are provided.

Commissioner Mihalic made a motion to table this application until the next meeting, pending further submission of information requested by the Commission. Commissioner Winters seconded the motion, which was unanimously approved.

b. Application of Timothy and Kelley Budlong, Owners, for an Inland Wetlands Permit for addition of a deck to an existing shed within the regulated area to a wetland on property located at 430 Bushy Hill Road.

Mr. Beach stated that the owners could not be here tonight and that this application should be tabled until the next meeting. He stated that this property was subject to a previous application and when he went out to this site to make sure the silt fence was installed correctly, he discovered this existing shed, which is located in the wetlands. He suggested that a site walk be done prior to the next meeting.

a. Show Cause Hearing for un-permitted wetland activity at One Cedar Hill Road, Carroll Veltrop, Owner (continued from meeting of March 18, 2008, tabled at meetings of April 1st and April 15, 2008)

Mr. Beach stated that the engineer from Buck & Buck, who has done the analysis at One Cedar Hill Road, could not be here tonight. He stated that the biggest issue on this site is the flood issue. The previous homeowners put a bridge in the FEMA Flood Plain with concrete piers in the middle of the flood stream. He stated that a strong storm could tear the bridge out and cause erosion. This application will need to be postponed until the next meeting.

Mr. Beach stated that there is an additional item that was not placed on the agenda, which will need to be discussed tonight. The homeowner, Mr. David Taylor, along with his neighbors, John Smeggil and Althea Greaney were in attendance at this meeting. Mr. Beach distributed pictures of a corduroy road, or path, which is located in the back of 507 Firetown Road. He stated that there are two issues. One issue is that the path is in the wetland, although it is all natural materials put there by hand. Mr. Beach stated that the biggest concern is that this is located next to a FEMA flood stream. As the brush and the logs rot down over a period of time, this will become an earthen dam, which will be a FEMA flood issue.

Commissioner Winters questioned what the purpose of the logs were. Mr. Taylor, the homeowner at 507 Firetown Road, stated that originally, this was a matter of cleaning out the beaver dams, which are very problematic in this area. The corduroy road is now there as a path to get down to the stream. He also stated that he is constantly removing beaver dams in the stream in his backyard. Mr. Smeggil stated that for the past several months, the beavers have not been very active in the stream.

The Commission discussed the stream and the impacts that the beavers have. Although this is a problem, the beavers cannot be removed. They also discussed the changes that this stream has gone through throughout the years. The stream has become very shallow because of the road sand and sediment that has filtered into the pond. Mr. Taylor also stated that many years ago, the Town dumped debris near the pond.

Mr. Taylor continued to explain how the corduroy road was constructed, which he stated is constructed mostly from brush and logs from the beaver dams that he has torn down. Some of the logs were from trees that he has cut down.

Commissioner Mihalic questioned how the corduroy road has a cause and effect to the beavers. Mr. Taylor stated that some of the logs and brush used for the road are from the beaver dams. Also, the way the logs are laid for the road, the beavers will not use them for their dams.

Commissioner Mihalic suggested that a site walk be taken prior to the next meeting in order to get a better representation of what is happening on this property. Also, he suggested that a representative from the Department of Public Works be at the site walk to discuss what the Town is doing with regard to the removal of the dams and the maintenance issues of the culvert. He stated that the depositing of the material in the wetlands is the major concerns and he feels that it is important to have someone look at that to see what the flood issues are.

The Commission decided to have the site walk on June 3rd, prior to their regular meeting. They will meet at the site at 6:00 p.m. Commissioner Mihalic reminded the homeowner and the neighbors that the Commission members cannot answer questions at the site walk because the site walk will not be recorded. They could, however, write their questions down and ask them at the meeting, which will follow the site walk.

Mr. Beach stated that this property is located in a subdivision that is entirely located in the wetlands. Although he would typically do this administratively, technically, the way the Statute reads, he does not have the authority to grant the permit; it must go before the Commission.

Commissioner Winters stated that the Lower Farmington River Wild and Scenic Study Group has hired Robinson & Cole to do a review of Town Regulations for the ten Towns in the River basin. They will be looking at which regulations might be good to add to the Town's Regulations for improving the Farmington River Corridor and surrounding area.

Chairman Miller stated that he read an article that said the Zoning Commission unanimously rejected the proposed PDD Regulation and the Town is now looking into a Charrette to develop their own PDD. They are trying to build support from the Land Use Boards. Mr. Beach stated that Mr. Greenburg, a landowner, came before the Zoning Commission and indicated his full support for a Charrette process, involving the three sections of Town.

Commissioner Winters stated that she has been attending the airport study meetings and there is a small interest by the Town to purchase the airport. Mr. Beach stated that this area, as an industrial park, was part of the POCD. There have been several business owners who have indicated that if there is a viable airport in the area, it might attract some small corporate type businesses that would want to fly in and out with clients. The Commission continued to discuss this issue, as well as the possible extension of the runway.

Chairman Miller stated that he was contacted by John Hampton, a member of the Board of Selectmen. Mr. Hampton was scheduling a Town earth day event where they would be announcing that Simsbury had signed on to be an Energy Partner. This is where there would be a certain percentage of residents to sign up for renewable energy and the Town would receive a solar panel that could be installed on a Municipal Building. He stated that they are trying to develop a sustainability plan for the Town. Mr. Beach stated that there was a Green Summit, which was held at Ethel Walker School on Earth Day. The Commission continued their discussion regarding this issue.