Conservation Commission/ Inland Wetlands
And Watercourses Agency Minutes
Regular Meeting- Tuesday April 4, 2006
Simsbury Town Offices- 7:30PM- Main Meeting Room
I.~~~~~ CALL TO ORDER
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 Yocom, Commissioner Sharpless, Commissioner Nowak, Commissioner Mihalic, Commissioner Ursini, and Commissioner Bucknam. Also present was Conservation Officer Beach.
II.~~~~ APPOINTMENT OF ALTERNATES
Commissioner Sharpless was appointed to serve for Commissioner Yocom.
Commissioner Yocom arrived at 7:33pm, and Commissioner Sharpless returned to alternate status.
III.~~~ PUBLIC HEARING, DISCUSSION AND POSSIBLE VOTE
a.~~~~~ Application of Craig Dubosar, Owner, requesting a Map Amendment for property located at 246 Farms Village Road.
Commissioner Nowak read the call.
Mr. Dubosar was present to discuss the application with the Commission. He is asking the board to consider adopting the amendment to the map to reflect the town map data more accurately.~~ The previous owner of the property had the area mapped, but the town never formally adopted it before it was sold to Mr. Dubosar. With the new map there is slight change in delineation.
Commissioner Mihalic asked if abutters were notified. Conservation Officer Beach answered yes.
Commissioner Mihalic asked if the map was submitted in digital format. Mr. Beach answered that it had not been submitted in digital format, stating that digital format is usually required for subdivisions rather than individual lots, but noted that per regulations the digital format is required and should be received.
Chairman Miller stated that the staff report reads that Mr. Gragnolati, a professional certified soil scientist delineated the wetlands.
Chairman Miller asked if the public had any comments/concerns regarding the application. No public comments were voiced and Mr. Beach stated that the town did not receive any correspondence on this application.
Commissioner Mihalic motioned to close the public hearing.
Commissioner Bucknam seconded with all in favor
Commissioner Bucknam motioned to approve the map amendment application based on the fact that a certified soil scientist submitted the map, and town staff recorded that there is no appreciable change between current mapping and submitted mapping. It is approved with the condition that the applicant will later submit the map to the town in digital format (CAD overlay) in 10 days.
Commissioner Winters seconded, with all in favor.
Commissioner Mihalic asked when the construction is to begin. Mr. Dubosar answered it will begin in the fall. Commissioner Mihalic asked that the application be tabled until the Commission receives the map in digital format. Commissioner Bucknam said that the map amendment application was approved with the condition that the applicant submits the map in digital format.
IV.~~~~ PRESENTATION(s), DISCUSSION AND POSSIBLE VOTE
a.~~~~~ Application of Craig Dubosar, Owner, requesting an Inland Wetlands Permit for construction of a garage storage building within the regulated area on property located 246 Farms Village Road
Mr. Dubosar was present to discuss the application.
He is proposing to build a garage/barn, on a slab foundation, to house equipment for his irrigation business.~ The area of construction is flat and level. He will stockpile soil away from the foundation and close to Farms Village Road. He also has the ability to truck out soil. The proposed structure will extend into the upland review area by 10 feet.
A motion was made by Commissioner Bucknam that this is a regulated activity by reason of the slight incursion into the upland review area.
The motion was seconded by Commissioner Winters, and carried unanimously.
A motion was made by Commissioner Bucknam that this is not a significant activity because the incursion is only 10-feet into the review area, and the closest point of construction is 90 feet from the wetlands into flat, level ground.
The motion was seconded by Commissioner Winters, and carried unanimously.
A motion was made by Commissioner Bucknam to grant the application with the recommendations set forth in the staff report. In addition, it is understood that along with silt fencing, the soil be stockpiled out of the wetlands or taken off-site.
The motion was seconded by Commissioner Winters, and was carried. Commissioner Mihalic abstained based on the issue of the digital format requirement of the map amendment application.
b.~~~~~ Application of Richard Hogan, Applicant, requesting an Inland Wetlands Permit to construct an in-ground pool, a shed and fence within the regulated area on property located at 16 Wyngate Lane.
Mr. & Mrs. Hogan were present to discuss the application.
They wish to construct an in-ground pool, shed, and fence on their property. The area of construction is within the 100-foot upland review area. A soil scientist flagged the area, but did not map the area. The house is 32 feet from the wetland. The area is flat and then grades steeply.
They did look into alternative areas on the property for the pool. This area was chosen because the front of the property houses the septic system and leaching fields, one side of the house is all wetlands, and the other is within 40-feet of the adjoining property line.
Commissioner Bucknam asked if the soil scientist confirmed that the town map is accurate. Mr. Beach stated yes, with exception of a 40-foot bump.
Commissioner Nowak asked when the house was built. Mr. Hogan answered 1978. Conservation Officer Beach stated that back in 1978 there was no setback limit.
Commissioner Bucknam asked what type of wetlands the area contains. Mr. Beach answered that the wetland contains low shrubs and further back it become a swamp.
Commissioner Winters asked about the five trees to be removed. Mr. Hogan answered that the trees are near the deep end of the proposed pool, about where the shed will be.
Commissioner Mihalic, concerned about the drawing down of the pool water, asked about the topography of the property. Mr. Hogan stated the soil scientist found there to be two terraces on the property. The upper elevation is 5 feet higher than lower elevation, and the house sits on the back edge of the upper terrace.~ Conservation Officer Beach stated that the pool water should drain down towards the street or could be trucked off site. He noted that the pool water nowadays has very little detrimental effect, and DEP strictly regulates PH in the pool water. By pumping the water to the front lawn it will eventually get to the wetland, but will have a distance to travel.
Commissioner Bucknam asked about the pool filtration system. Mr. Hogan said the filtration system used is the Stayright System 3. He also added that they spoke to FVHD. Mr. Beach stated he recommended that if back flushing of the filters is required that it also be towards the street.
Commissioner Winters asked what type of soil is found on the property. Mr. Hogan said that the backyard has well-drained hinkley series soil.
Commissioner Mihalic asked Conservation Officer Beach what his concerns were regarding the application. Mr. Beach answered he is concerned about the pool area. He does not want to see trucks, etc in the area surrounding the pool after it is done, because of its’ proximity to the wetlands. Mr. Beach said the applicants have agreed to notify him after the fence is in, so that he can verify it is in the correct position.
Commissioner Bucknam expressed three concerns: 1. It will be difficult to work the site without having any sedimentation because of its’ proximity to the wetland. 2. Because they are right on the wetland, there will be no remaining buffer to the wetland. Chemicals might spill into the wetland. 3. If the property is sold, how will the issue’s raised regarding the pool/pool drainage be enforced.
Mr. Hogan stated there will be a fence around the pool area to help with buffering.
With regards to the enforcement issue, Mr. Beach stated that a placard could be placed on site to notify the new owners of the drainage issue.~ Mr. Hogan said if the house were to be sold they would inform prospective buyers about this.
Commissioner Bucknam stated that if the flagging doesn’t vary from where the town’s map is there is no need to have a map amendment.
Commissioner Mihalic asked if photos of the property were available. The Hogans did not have photos available. Mr. Hogan stated that walking the property one sees very clearly where the yard ends and the wetland begins.
The Commission discussed looking at the application as a construction in an upland review area while ignoring the aspect of the mapping/flagging done by the soil scientist.
Commissioner Bucknam asked if any of the proposed activity is over the current town mapping line. It was answered that the wooden fence would be over the line.
Commissioner Winters asked if there is currently grass around the porch area. Mr. Hogan said yes.
Commissioner Winters asked if there will be decking by the shed and porch. Mr. Hogan said yes.
Commissioner Winters asked if there will be any vegetation between the driveway and the wetlands. Mr. Hogan said no.
The Commission discussed the delineation done by the soil scientist and the dots on the map connected by the applicant versus the town mapping.
Commissioner Bucknam stated the Commission should follow the rules of approving the application, but they should concern itself with the issue of the fence being in the wetland area.
Mr. Hogan explained that because the town maps were not always accurate, Mr. Beach suggested they hire a soil scientist to make sure there would be room to construct. Mr. Hogan added they also wanted to do this to make sure they knew the exact location of the wetland.
Commissioner Bucknam asked Mr. Beach how far the construction/excavation area is to the silt fence, and how far the silt fence is to the wetland. Mr. Beach said there would not be much room between the two.
Mr. Beach reiterated that none of the work is done inn the wetland, only a part of the fence is in the wetland.
Commissioner Bucknam asked about the reinforcement of the use of the permitted pumping of the water. Mr. Beach said that a placard could be placed.
Commissioner Mihalic stated that Conservation Officer Beach being notified of commencement of activity and going out periodically to check remedies the concerns regarding construction.
Chairman Miller asked about the headwaters. It was determined that the headwaters are Bissell Brook.
A motion was made by Commissioner Mihalic that this is a regulated activity by reason of construction in the upland review area and/or the wetlands delineated on the town map.
The motion was seconded by Commissioner Bucknam, and carried unanimously.
A motion was made by Commissioner Mihalic that this is not a significant activity because of the steps the applicant is willing to take concerning the construction and the amount of work to be done in the wetland itself will not have significant impact.
The motion was seconded by Commissioner Ursini, and carried unanimously.
A motion was made by Commissioner Mihalic to approve the permit subject to the conditions set forth in the staff report. In addition, the following conditions will apply: Conservation Officer Beach will be contacted periodically during the construction process to ensure that buffers are being maintained, and a weather resistant placard will be applied to the filtration system identifying that water be pumped towards the driveway. It is requested that in the event of property transfer of ownership the current owners point out the conditions of the granted permit to the new owners.
The motion was seconded by Commissioner Ursini, and carried unanimously.
V.~~~~~ PRESENTATION BY SUE MASINO, KEEP THE WOODS, ON AN AQUIFER PROTECTION PAMPHLET
Ms. Masino handed out an aquifer protection pamphlet that she and others worked to produce.
The pamphlet would be mailed out by the town to citizens whose houses are located on the aquifer informing them of this and suggestions on keeping the drinking water clean. She asked the Commissioners their opinions/suggestions.
The Commissioners stated she should contact a hydro geologist, Aquarion Water Company, and DEP among others. They questioned the pamphlet’s definition of the aquifer protection zone, and discussed the watershed issue.
The Commissioners stated the concept is a good one, and to keep it simple. It was recommended that Ms. Masino contact the local town newspapers to inquire about writing an article on this issue. In this way the information might reach more people, and the town does not have the costly burden of mailing out the pamphlets.
VI.~~~~ APPROVAL OF MINUTES of February 21, 2006 and March 7, 2006.
Commissioner Nowak moved to approve the minutes of February 21, 2006
Commissioner Bucknam seconded with all in favor.
Commissioner Bucknam moved to approve the minutes of March 7, 2006.
Commissioner Yocom seconded with all in favor.
VII.~~~ DISCUSSION
Conservation Officer Beach explained that a problem arose on the Powder Forest project regarding bio-remediation basins that weren’t functioning correctly. It was determined that sections of the drainage systems were put into the ground 5 feet too deep. Mr. Beach explained the solution to the problems.
There are changes proposed for the site because of this mistake and Mr. Beach asked the Commission whether they wished to schedule a site walk before the April 18th meeting when the Powder Forest applicants come in.
Commissioner Nowak motioned to schedule a site walk for Tuesday February 18th at 6:15pm.
Commissioner Yocom seconded with all in favor.
VIII.~~ CORRESPONDENCE/ANNOUNCEMENTS
Conservation Officer Beach requested that the Commission go into executive session to discuss litigation issues regarding Riverbend.
Commissioner Bucknam moved to go into executive session at 9:38pm.
Commissioner Winters seconded with all in favor.
Commissioner Mihalic recused himself from executive session.
IX.~~~~ ADJOURNMENT
A Commissioner made a motion to adjourn the executive session and the meeting at 9:50 pm.
A Commissioner seconded, with all in favor.
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