Conservation Commission/ Inland Wetlands
And Watercourses Agency MINUTES
Regular Meeting- Tuesday June 6, 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 Bucknam, Commissioner Mihalic, and Commissioner Yocom.
II. |
APPOINTMENT OF ALTERNATES |
None
III. |
ELECTION OF OFFICER (SECRETARY) |
The Commission decided that not enough members were present and they would also like to see a description of the duties of the secretary.
A motion was made by Commissioner Bucknam to table the election until the next meeting.
The motion was seconded by Commissioner Mihalic, and carried unanimously.
IV. |
PUBLIC HEARING (s), DISCUSSION AND POSSIBLE VOTE |
A. |
Application of George Phillips, Owner, requesting a Map Amendment for property located at 40 Hickory Hill Road. |
Commissioner Mihalic, Acting Secretary, read the call. Chairman Miller noted that the notice incorrectly reports Commissioner Miller as the secretary. He also noted that it his name, written as M. Richard Miller should read Richard A. Miller.
Mr. and Mrs. Phillips were present to discuss the application. They and the Commission discussed the site map and the map amendment provided. It was noted that Ms. Joyce Raabe, certified soil scientist, delineated the wetland, and Nascimbeni & Jahne surveyed the line. Ms. Raabe augured the whole 1.39 acre property in approximately 3 hours.
The Commission discussed whether all of the requirements for a map amendment were met.
A motion was made by Commissioner Mihalic to approve the map amendment as submitted, consistent with the map presented by soil scientist Joyce Raabe. It understood that while not a condition of the approval of the application, the applicant is requested to provide town staff a computer file of the amended map, if available, within 60 days.
The motion was seconded by Commissioner Bucknam, and carried unanimously.
V. |
PRESENTATION(s), DISCUSSION AND POSSIBLE VOTE |
a. |
Application of Application of George Phillips, Owner, for an Inland Wetlands Permit to construct a freestanding garage within the regulated area on property located at 40 Hickory Hill Road.
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Mr. and Mrs. Phillips were present to discuss the application. They wish to build a 24-foot square freestanding garage on a concrete slab. There will be not be a lot of material excavated and some fill will be brought in. The area is flat and the garage is 100 feet from the wetland.
Chairman Miller noted that as the staff report does not mention best practices, the Commission should notice this information in the motion, and that the Philips touch base with Conservation Officer Mr. Beach.
A motion was made by Commissioner Bucknam that this is a regulated activity by reason of the activity within the 100-foot 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 there is minimal activity in a small corner of the upland review area, and it is approximately 100 feet from the wetland itself.
The motion was seconded by Commissioner Winters, and carried unanimously.
A motion was made by Commissioner Bucknam to grant the permit with the provision that town staff view the site and the usual best practices are in place.
The motion was seconded by Commissioner Winters, and was carried unanimously.
b. |
Application of Timothy J. Ruark, Applicant, for an Inland Wetlands Permit to reconstruct the Hop Hollow/Apple Lane weir within the regulated area on property located at Hop Brook. |
Mr. Ruark, 7 Hop Hollow Lane, Mr. Steven Mitchell, President of Hop Hollow Association, and Ms. Whitman, 10 Apple Lane were present.
This application is for the right to reconstruct the 6-foot wide by 13-foot long section of the existing weir on Hop Hollow Pond. The reconstruction was interrupted when the cease and desist order was issued.
Mr. Mitchell stated that it is the agenda of the association to create a weir to have an aesthetically pleasing weir and to get the water level up to level. He stated Mr. Allen Hixon, architect of the weir also lives on Hop Hollow and will have a hand in its design..
Mr. Ruark owns the property up to the water line also owns the weir. He stated that the project will consist of sand bagging the bank downstream of the weir and stacking boulders between the sandbags and the water to conceal the sandbags. The reconstruction also involves putting back stones that were displaced by the volume of water reinstalling the rubber membrane liner. To accomplish the repairs, the water level will be drawn down by removing the 12-inch PVC pipe under the weir, allowing the repairs to be done in dry conditions. The rubber liner will then be installed, stones laid. Once it is completed the pipe will be reinstalled to raise the level of the pond. Depending on the weather, the project will be done as soon as possible and should take a week to accomplish.
Commissioner Bucknam asked whether concrete will be used to set the stones. Mr. Ruark said yes.
Commissioner Winters expressed that a 10-15 foot high strip of high grassy area be maintained around the pond in order to benefit water quality and to discourage Canada geese.
Commissioner Mihalic asked about notification of abutting property owners, and expressed the activity may be deemed significant thereby necessitating a public hearing. Mr. Mitchell stated that he e-mailed the abutting property owners on Apple Lane and Hop Hollow. He also stated that Whitman, 10 Apple Lane, McCombs, 9 Hop Hollow, Mitchell, 11 Hop Hollow, Vogt, 15 Hop Hollow, and Carpentieri, 17 Hop Hollow, property owners downstream of the activity were also notified.
It was discussed that the reconstruction project is for the benefit of the pond and site, but also whether the activity is significant.
The applicants were asked whether the project needs to be done immediately and whether they are able to wait until the public hearing at the next meeting. Mr. Ruark stated that prolonging the application’s approval means the project will possibly extend into the wet Fall months hindering the project. Mr. Mitchell expressed that they wish to get the project moving and that they have complied with all of the town’s requirements.
The Commission expressed their understanding of the applicant’s situation, but noted that a public meeting is necessary in this situation because of the possible significance of the activity and the fact that regulations need to be followed.
Commissioner Winters expressed that any alterations of flow need to be reviewed and the Commission needs to follow consistency of process.
Commissioner Bucknam asked whether any further or current erosion will occur if the project’s approval is put off. Mr. Ruark said that if further rains come there will be erosion, but that the wier has been in this state since October 2005.He stated that he understands the impact will be significant, but temporary.
A motion was made by Commissioner Mihalic that because the activity is deemed significant, a public hearing is warranted and is to be scheduled for the next meeting.
The motion was seconded by Commissioner Bucknam, and carried unanimously.
VI. |
APPROVAL OF MINUTES of May 2, 2006 |
Commissioner Bucknam moved to table the minutes until the next meeting.
Commissioner Mihalic seconded with all in favor.
None
Letter to town Building Inspector regarding site changes to a property.
The Commission discussed the fact the building inspector required a homeowner to add 20,000 worth of fill adding 5 more feet of grade after the Commission made the decision on the application. Mr. Beach was to draft a letter to the building inspector of the fact that if changes are to be made that the Commission needs to be notified.
Erosion/sediment flow at Powder Forest entranceway.
Commissioner Winters voiced her concern about the sediment currently flowing toward the entryway and into the catch basin at the Powder Forest site, and expressed that a sediment and erosion control plan should be in place. She stated that other Commissions seem to be indifferent to the problem. Chairman Miller said that a site walk of the site will be scheduled for the Commission.
It was expressed that the Commission normally will not see a project unless the activity is near a wetland/storm drain and that the project should be referred to the Commission. Currently, there are impacts to the wetlands/storm drains that are not required to come through the Commission because of various reasons, and unless someone reports a violation these impacts to the town, the Commission will not hear have a chance to regulate them.
Commissioner Winters expressed that Planning and Zoning should be notified that the Commission has changed their regulations and they should be notified whenever any potential storm drains will be effected.
Chairman Miller stated that all eventually discharges to a wetland or water body, and the best that can be expected is to hear from a concerned citizen.
Commissioner Bucknam said that an application wouldn’t be filed unless there is a wetland on the property.
Commissioner Winters agreed to draft a letter to Planning and Zoning stating the Commission’s argument.
HopMeadow Place.
Commissioner Yocom expressed concern about downspouts on the HopMeadow Place building and stated that he will ask Mr. Beach to come out and take a look.
IX. |
CORRESPONDENCE/ANNOUNCEMENTS |
None
Commissioner Bucknam made a motion to adjourn the meeting at 9:10 pm.
Commissioner Mihalic seconded, with all in favor.
Respectfully Submitted,
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Commissioner Mihalic, Acting Secretary
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