Conservation Commission/ Inland Wetlands
And Watercourses Agency Minutes
Regular Meeting- Tuesday February 21, 2006
Simsbury Town Offices- 7:30PM- Main Meeting Room
Chairman Miller called the meeting to order at 7:34 pm in the Main Meeting room of the Simsbury Town Offices. The following Commissioners were present: Commissioner Winters, Commissioner Nowak, Commissioner Yocom, and Commissioner Mihalic. Also present was Conservation Officer Beach.
II. |
APPOINTMENT OF ALTERNATES |
None
III. |
PRESENTATION(s), DISCUSSION AND POSSIBLE VOTE |
a. |
Application of John C. McDonald, Owner, for an Inland Wetlands Permit for construction of an addition to an existing residential dwelling, expansion of an existing deck and installation of an in-ground pool within the regulated area on property located at 15 Lawton Drive. |
Commissioner Nowak read the call.
Mr. John McDonald was present to discuss the application. He stated they wish build a 14-foot addition off the back of the existing mudroom/laundry room, add an office above it, and expand the deck area. The second phase of the project will involve the installation of an in-ground pool. The project is within 50 feet of the wetland review area. The topography of the area is flat lawn with slight grading down to the wetland.
The Commission discussed the topographical map, determining the house site and the area of wetlands.
Commissioner Winters asked if trees will be removed and if grading will be necessary for the pool area. Mr. McDonald answered no to both questions.
Chairman Miller stated that per the staff report, grading for the pool seems to encroach on the edge of the wetland. Mr. McDonald stated that the pool’s backmost corner will encroach on the wetland. Commissioner Nowak summarized that technically it extends into the wetland.
Commissioner Winters asked where the siltation fence is to be placed. Mr. McDonald answered that the siltation fence will be placed on the lawn area.
Chairman Miller asked if other alternatives were looked into with regards to the placement of the pool so as not to encroach on the wetland. Mr. McDonald answered that if the pool were to be shifted more; it would encroach even more and also be closer the neighbor’s yard.
Chairman Miller asked if there is a septic system in the back of the house. Mr. McDonald answered no, there was a sewer connection done in 1987.
Commissioner Yocom and Commissioner Winters asked about the character of the area. Mr. McDonald answered that the area is basically lawn and is not muddy, it is however wetter towards the back of the site nearer the property line. He added that the lawn extends 30 feet at the back of the property and is undisturbed.
Commissioner Nowak stated that in the application under site characteristics, Mr. McDonald stated the area is a meadow. Mr. McDonald stated that he looked at the other categories and chose a meadow based on what he sees on the site.
Commissioner Nowak asked if the project is to be finished this year. Mr. McDonald said the project will commence in April or May.
Commissioner Nowak questioned whether the applicant will need to obtain another permit for the pool if it is not done at this time. Mr. Beach answered that because the permit is valid for 5 years the pool can still be done under this same permit at later date, but the town would require at least 3 days notice before breaking ground. Mr. Beach explained that since the silt fence must be in for one full growing season, it could be left in place after the addition is completed and used for the construction of the pool the following year.
Chairman Miller asked why the silt fence extends around the entire area. Mr. McDonald stated that he thought he needed to surround the entire area. Mr. Beach stated he told Mr. McDonald that anything down gradient requires a silt fence. Mr. Beach stated that the silt fence is not required as far up as the plan shows. It was recommended that the silt fence be placed at least 20-25 feet behind the pool because the further back it is the higher the likelihood of siltation. Mr. Beach stated that once the pool has been staked out, he could go on site and determine whether the silt fence’s placement is satisfactory.
Commissioner Yocom asked if the septic tank is in place. Mr. Beach explained that when the house was built the primary and secondary leaching fields were placed in the exact area. They are still in place, but were abandoned in 1987. He added that Mr. McDonald will speak with Mr. Dave Knopf of FVHD to verify that the abandoned septic will not be a problem.
There was a discussion concerning whether another application for this site was before the board.
Chairman Miller said that when in-ground pools are installed they do not generally dig down, but instead attempt to build up the grading. Mr. McDonald said they have not yet spoken with a pool contractor.
Chairman Miller asked if the applicant has issues with basement flooding, seeing as the water table is most likely fairly close to the surface because of the proximity of the wetland. Mr. McDonald answered no.
Chairman Miller stated that the applicant must be careful when drawing the chlorinated pool water.
Mr. McDonald stated they are considering a salt water system, which does not use chlorine and does not burn the eyes. The Commissioners discussed the system.
The Commissioners asked Mr. McDonald about his plans for pool water removal. Mr. Beach said that most pool companies will truck out the water. Mr. McDonald noted they still need more planning on the pool phase of the project
The Commission asked questions concerning the addition. The addition is not in the regulated review area. The deck will be on sono-tubes, and a foundation will be poured for the addition. Stockpiled soil will be removed from the site and any soil stockpiled for more than a week will be seeded or covered with a tarp.
Commissioner Yocom asked how many cubic yards of soil will need to be stockpiled. It was determined that the total will be about 307 cubic yards and will take about nine (9) dump trucks to remove the soil from the site. There will be anti-tracking pads used.
Commissioner Nowak stated that he does not have any problems with the addition or deck portion, but wants more answers on the pool and the pool water. Mr. Beach said the Commission could grant the whole application tentative on Mr. McDonald coming back with the information regarding the pool.
The Commission discussed possible approval of phase one of the project. Also discussed were prior applications of this sort that have been heard by the Commission.
Commissioner Mihalic questioned whether Zoning, Planning, or subdivision approvals needed for the project. Mr. Beach said that zoning need to approve the site plan.
Commissioner Mihalic stated that the regulations read that in making a motion the Commission has three of the following choices: grant the application as filed, grant the application upon other conditions, limitations or modifications of the regulated activity, or deny the application.
The Commission discussed what their options were with this application, whether to deny because of incompleteness, or to approve only the addition and have Mr. McDonald come back with more information on the pool phase. Mr. Beach explained that the pool project could be conditioned to reflect the concerns made by the Commission. Mr. McDonald expressed that he would do more research, as he was not even sure at this point whether it the pool project would even be feasible.
Commissioners agreed that wanted more information on the pool area grading, excavation to be done, and the treatment of the pool water. Chairman Miller said that the existing septic would need to be removed. Mr. Beach explained that the leaching fields take up a larger area than the pool.
Commissioners Nowak and Yocom discussed deferring the application until the next meeting, when more information can be brought forward. Chairman Miller explained that normally with pool applications, the pool contractor is sometimes brought in to explain the plans in greater detail, however the Commission understands that doing both projects saves in budget and work efficiency.
Commissioner Milhalic explained that when zoning approval is required on applications, the permit is for five years, and the Commission needs to establish the specific time period in which to do the work. Mr. Beach clarified that this application does not require zoning approval in the sense of needing a special exception to a variance. Any structure built in town must be approved by Zoning making sure that it complies with the regulations of the setback, etc.
Commissioner Mihalic discussed the regulations with regards to the permit time frame.
Motions
A motion was made by Commissioner Winters 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 Mihalic, and carried unanimously.
A motion was made by Commissioner Winters that this is not a significant activity because the construction activity will occur on established lawn area and excess soils will be taken off site, and silt fencing will be used.
The motion was seconded by Commissioner Yocom, and carried unanimously.
A motion was made by Commissioner Winters to approve the application with the recommendations set forth in the staff report. It is recommended that silt fencing as per the recommendation of town staff, the pool water taken off site any time the pool water is drawn down, and anti-tracking pads be used.
The motion seconded by Commissioner Nowak, and carried unanimously.
The Commission discussed permit terms. Commissioner Mihalic stated they could adopt the policy re permit timeframes.
IV. |
APPROVAL OF MINUTES of January 17, 2005 |
Commissioner Winters moved to approve the minutes of January 17, 2006 with one correction
Commissioner Yocom seconded with all in favor. Commissioner Mihalic abstained.
Commissioner Winters asked if a pool water quality expert could be brought in to discuss it. The Commission discussed the issue. Mr. Beach said that he has a call into DEP about various water systems.
The Commission discussed the job opening in the planning department. The second round of interviews is to begin next week. Mr. Beach stated that he has also applied for the position.
Two permit applications upcoming at the next meeting. The first is an application for a pool. The second, a house on Ryan’s Circle, which has one corner touching the 100-foot, review area. It was decided that the Commission should hear the second application.
Mr. Beach discussed the Hall View Drive issue. Court proceedings have commenced.
As for the EWS application Mr. Beach stated he convinced EWS to hold off until March. The ERT team has agreed to look at the site. EWS has been very forthcoming in giving the town the information/time needed.
VI, |
CORRESPONDENCE/ANNOUNCEMENTS |
CT Council of Environmental Quality will be in town 2/22/06 to have their monthly program in Simsbury. Chairman Miller asked if Mr. Yocom might attend. The business meeting begins at 9am, and the public forum begins at 10am in the main meeting room. Issues to discuss with them are open space, and protection zones, among others.
Mr. Beach said that the CEQ meetings take place monthly and Commissioners are welcome to attend other meetings. Mr. Beach stated that he can bring in some information from the last Commission meeting regarding concerns brought up. Mr. Beach mentioned that he could tape the meeting and give minutes to the members.
The Commission expressed that some of the issues to bring up with CEQ are: Avalon Bay, the definition of wetlands, activities occurring on open space, activities occurring on wetlands, protecting forested areas, wildlife corridors.
Mr. Beach is attending the CT Association of Wetland Scientists meeting on Thursday.
Mr. Beach received an Army Corps of Engineers document for activities within the state of CT.
Ms. Sue Brachas was in the audience and asked when EWS will come before the Commission. Mr. Beach answered that they will be present in late March.
Commissioner Mihalic made a motion to adjourn at 9:15 pm.
Commissioner Winters seconded, with all in favor.
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