Conservation Commission/ Inland Wetlands
And Watercourses Agency Minutes
Regular Meeting- Tuesday January 17, 2006
Simsbury Town Offices- 7:30PM- Main Meeting Room
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 Nowak, Commissioner Yocom, Commissioner Mihalic, and Commissioner Ursini. Also present was Conservation Officer Beach.
II. |
APPOINTMENT OF ALTERNATES |
None
III. |
PUBLIC HEARING(s), DISCUSSION AND POSSIBLE VOTE |
a. |
Adoption of proposed amendments, expansions and revisions to the Inland Wetlands & Watercourses Regulations. (continued from 12/20/05 meeting) |
Commissioner Nowak read the call.
The Commission discussed the changes made to the regulations as per the discussion at the last meeting with the town attorney. The Commission discussed minor rewording language, grammar corrections, and definitions in the regulations as per the document handed out by Commissioner Mihalic.
The Commission thanked Commissioner Mihalic for his work on the new regulations.
Chairman Miller asked if the public had any comments. As there were none, he asked the Commission for a motion.
Motion
Commissioner Nowak made a motion to close the public hearing.
Commissioner Ursini seconded with all in favor.
Motion
Commissioner Nowak made a motion to adopt the Regulations and its’ revisions as per the following:
Whereas the Town of Simsbury Conservation Commission desires to adopt amendments to the Inland Wetlands and Watercourse Regulations for the following reasons:
To adopt the Connecticut Department of Environmental Protection’s DEP model regulation format to more closely align with Simsbury regulations with the DEP model in both organization and content.
To update the Simsbury regulations to make them compliant with the recent legislative changes or clarifications in the Connecticut General Statutes.
To expand and revise the Simsbury Regulations to provide better guidance for applicants as to the Commission requirements and expectations for the information to be included in the applications.
To further protect the natural wetland and watercourse resources of the Town of Simsbury to the degree allowed by the General Statutes, and whereas this Commission finds the regulations set forth in this motion are necessary to protect the wetlands and watercourses of the Town of Simsbury.
The Commission adopts the above findings and reasons for adaptation of the proposed regulations and the following regulations to take effect upon therein.
The regulations are adopted with the addition of two changes and are effective 1/17/06.
The motion was seconded by Commissioner Winters with all in favor.
IV. |
PRESENTATION(s), DISCUSSION AND POSSIBLE VOTE |
a. |
Application of Heidi W. Woodman, Owner, T. J. Donohue, Agent, for an Inland Wetlands Permit to construct a garage within the regulated area on property located at 28 Mountain View Road. (tabled at 12/20/2005 meeting) |
Attorney T.J. Donahue was present to discuss the application.
He stated that the owner of the home has a 16,900 square foot lot in an R15 zone. She wishes to build a 2-car garage extended from the back of the mud room and entry area and also add paving. All of the activity will occur in the existing lawn area of the house. He added that they will concur with the staff report which states that disturbed soils be finish graded, seeded and covered with a thick layer of hay to prevent erosion should the work commence this winter. A silt fence be installed to use for any disturbance or stockpiling for more than a day. The silt fence is to be maintained for at least one full growing season. Attorney Donahue added he was told that a carport was originally in the space to be occupied by the proposed garage.
The Commission discussed setbacks. Commissioner Nowak stated that the site is within 20 feet of Russell Brook. Conservation Officer Beach stated that in an R15 zone the side-yard setback is 12 feet, therefore they are in compliance with zoning regulations.
Chairman Miller asked if the slope down to the brook is gradual. Attorney Donahue stated that the pad for the garage is flat.
Commissioner Yocom stated that a sentence in the staff report is incomplete. Conservation Officer Beach stated that the sentence should correctly read “Any soil stockpiled for more than a day should be covered with a tarp so that it will not wash into the brook.”
Chairman Miller asked if there is enough area to construct the garage in the 20-foot area. Attorney Donahue stated that the open area currently being used as a parking area will be the staging area.
Commissioner Nowak asked when construction is to commence. Attorney Donahue said they plan to start in the spring.
Commissioner Yocom asked what will be done with the excess material being dug up for the foundation. It was answered that the garage will be slab on grade. Commissioner Yocom asked that given that fact they need to dig 4 feet for the frost line will the excess material be distributed around the garage area. Attorney Donahue stated that the material will presumably be distributed and it will not sit out.
Commissioner Mihalic asked if the applicant understands the conditions and if the conditions can be adhered to. Attorney Donahue answered yes.
Chairman Miller questioned whether the construction vehicles will be able to maneuver about the site. Conservation Officer Beach stated that a small backhoe will most likely be used and explained how it will maneuver the site.
Commissioner Mihalic asked if the previous carport was located in the same footprint. Attorney Donahue answered that he did not know. Chairman Miller stated that the carport was most likely a one-car carport, and the current proposed garage is most likely twice the footprint.
Chairman Miller asked if the river flows down to the system near Latimer Lane. Conservation Officer Beach answered yes.
Chairman Miller asked if construction is to begin in the spring. Conservation Officer Beach noted that the staff report reflects the possibility that it might have commenced this winter, but given the meeting cancellations, it will not be, and he tried to cover either scenario in the staff report.
Chairman Miller summarized that there will be a silt fence and hay bales reinforcing the silt fence. Conservation Officer Beach stated he did not stipulate the use of hay bales to reinforce the silt fence, as there will be a small amount of soil disturbance and the existing lawn will stop the erosion as well. Also, the construction activity is on fairly level ground.
Chairman Miller voiced his concern that the construction activity will take place in a tight area.
Commissioner Winters asked if the area down to the brook is grassed. It was answered yes.
The Commission discussed the distances around the site. It was concluded that that garage is 20 feet from the brook.
Chairman Miller asked if there is a catch basin on the street. Conservation Officer Beach stated that there are catch basins installed on the street, but was unsure as to this location. Chairman Miller stated that if there is a catch basin there should be a gutter buddy or sediment trap installed during the construction.
Conservation Officer Beach said that excavation should not take more than a week, and that they could require the use of an anti-tracking pad. Chairman Miller agreed. It was also noted that currently there is only a dirt driveway.
Motions
A motion was made by Commissioner Nowak that this is a regulated activity by reason of temporary ground disturbance in an upland review area to a wetland and the construction of a permanent structure in the same location.
The motion was seconded by Commissioner Yocom, and carried unanimously.
A motion was made by Commissioner Nowak that this is not a significant activity because the construction activity will occur on established lawn area and no significant problems are foreseen.
The motion was seconded by Commissioner Ursini, and carried unanimously.
A motion was made by Commissioner Nowak to approve the application with the recommendations set forth in the staff report. In addition, it is recommended that along with silt fencing, hay bales also be installed around the construction activity, anti-tracking pads be used, and that if there is a catch basin a siltation barrier is to be installed around it.
The motion was seconded by Commissioner Ursini, and carried unanimously.
V. |
APPROVAL OF MINUTES of December 20, 2005 |
Commissioner Yocom moved to approve the minutes of December 20, 2005 with the amended changes.
Commissioner Ursini seconded with all in favor.
Chairman Miller and Conservation Officer Beach asked Commissioners for their correct e-mail addresses, addresses, and phone numbers.
VII. |
CORRESPONDENCE/ANNOUNCEMENTS |
Commissioner Winters stated she received a notice from Keep the Woods regarding a meeting on January 26th at Eno Hall at 7:30pm.
Chairman Miller received an e-mail request regarding using the services of ERT (Environmental Review Team). The Commission stated that using their services for the EWS application would be beneficial and that a request should be made by Chairman Miller to Conservation Officer Beach to send out a letter to the ERT.
Conservation Officer Beach stated that DPH is going to look at the EWS site, as it needs to have their approval.
Commissioner Winters received an e-mail from a town resident regarding the Commission recognizing a town resident who maintains significant private woodland. The Commission discussed the issue.
Chairman Miller discussed the meeting he attended with other Board and Commission chairmen regarding the Town Planner job description.
Commissioner Mihalic recused himself from the executive session discussion.
Motion
Commissioner Winters motioned at 9:05pm to go into executive session.
Commissioner Ursini seconded with all in favor.
VIII. |
CURRENT STATUS OF MEADOWOOD LITIGATION (EXECUTIVE SESSION) |
Commissioner ______________ made a motion to adjourn at _____pm.
Commissioner _______________ seconded, with all in favor.
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