TOWN OF SOMERS
CONSERVATION COMMISSION
REGULAR MEETING MINUTES
WEDNESDAY, FEBRUARY 6, 2002
The meeting was called to order by Chairman Simon Lipton at 7:00 p.m. Present were: Simon Lipton, George Grant, Lise Wood, Karl Walton, Maurice Rondeau, Joan Formeister (7:10 p.m.), and Alternate member Gus Helberg. Member Don Smith was not present.
Mr. Helberg was seated for Mrs. Formeister until her arrival at 7:10 p.m. Mr. Helberg was then seated for Mr. Smith.
There was no audience participation.
III.
Old Business:
a.
Discussion/Possible
Decision: Wetlands Application #441,
Pool within Upland Review Area, 25 Whisperwood Drive, Tolisano
Mr. Askew reviewed the information previously brought before the Commission. There are no outstanding issues on this application.
After brief discussion, a motion was made by Mr. Grant, seconded by Mrs. Wood, and unanimously voted to approve Application #441 with the following 2 conditions:
1. Installation of a silt fence during construction
2. Pre-construction meeting between the contractor and Mr. Askew
b. Discussion/Possible Decision: Wetlands Application #440, Removal of More than 50% of Timber in Wetland for Forest Management, 88 King Road, Bradley Property, McEwen
Mr. Askew reviewed the site plan of the property, which is a 20 acre parcel of predominately white pine. There are a few potential vernal pools on the property with a ring of red maple trees around them. The contractor will leave the hardwood trees and remove all of the white pine, including those in the wetlands. The stand is approximately 65 years old. It is likely that if any of the pines were left, they would fall over because of the wetland soils.
Mr. Askew noted that travel routes within the parcel have been flagged. This is a seasonal, dry weather or winter job.
After further brief review by the Commission members, a
motion was made by Mrs. Wood, seconded by Mrs. Formeister, and unanimously
voted to approve Application #440.
A motion was made by Mr. Walton, seconded by Mrs. Wood, and unanimously voted to amend the agenda.
Regular Meeting
Minutes
February 6, 2002
Page 2
IV.
New Business:
a. Modification of Wetlands Application #436, 8-Lot Subdivision, Wood Road, JOIF Limited
Mrs. Wood recused herself from this application.
Mr. Michael Proctor of Baystate Environmental Consultants represented the applicant. He explained that he met with the Commission several months ago and received approval for an 8-Lot subdivision along Wood Road. At that time, the plans showed a storm water outlet within the 100’ buffer. There was no detention structure in the plans.
The Planning Commission has requested several changes to the plans, requiring approval of the Conservation Commission.
Mr. Proctor explained that the proposed changes are for an increase of flow under Wood Road and downstream. It has been determined through a site walk performed by Mr. Proctor, Mr. Askew, and Mr. Strauss, that the stream will accept the additional flow without increased erosion or flooding.
An additional catch basin will also be added on Wood Road which will discharge on the northwest side of Wood Road. That area already has rip rap in place, but will be renovated with additional rip rap where necessary. That flow will enter the existing brook.
Phase II of the project will require a detention facility to insure that there will be no increase of discharge from the additional development.
Members reviewed a letter from Mr. Merv Strauss, Town Engineer, regarding remaining drainage issues.
Mr. Askew mentioned a few items of concern, but found that they were already included on the plans, such as installation of a 4’ sump instead of a 2’ sump on the last catch basin and the addition of a berm and rip rap to be shown on the plans to lessen the impact to the stream.
Mrs. Waters stated that she was pleased to see that the drainage will be diverted under the road.
Mr. Askew noted that this application cannot be approved at this meeting, due to statutory requirements.
Mr. Crowe confirmed that the Conservation Commission has no outstanding issues with the application.
Regular Meeting
Minutes
February 6, 2002
Page 3
b. Modification of Wetlands Application #431, 18 Lot Subdivision, Hampden & Stafford Roads, (East Side), Wilson
Mrs. Wood returned to the meeting at this time.
Mr. Askew explained that the Conservation Commission approved this subdivision several months ago. Only 8 of the 18 lots are being brought before the Planning Commission for approval at this time.
The applicant is adding an additional culvert across the road as well as one additional catch basin.
Mr. Askew is recommending one condition of approval – that rip rap be installed from the culvert to the stream bed.
This application cannot be approved until the Commission’s next scheduled meeting.
c. Discussion of Violation at 120 Pond Circle, Unauthorized Wetland Filling, Gazis
Mr. Askew distributed a copy of the letter sent by him to Mr. Gazis. He also sent a letter to the contractor, Mr. Hinkley.
Mr. Askew explained that the majority of the property is restricted by a Conservation Easement. The house has been under construction since 1998. The building plans and lot were approved in 1997.
An area of wetlands has been filled. Based on information in the file, it appears that the wetland was created during gravel extraction.
Mr. Askew stated that he has not given remediation instructions to the owner to date. Mr. Askew is requesting the owner to work with a consultant and submit a full Wetlands Application to the Commission.
Mr. Gazis, present in the audience, explained that the area
was filled in primarily for safety.
Mr. Askew noted that the wetlands were flagged and both the owner and contractor should have checked with the Town’s records prior to beginning any work.
Mr. Askew requested that the full wetlands permit application be submitted by March 1, 2002. It was the consensus of the Commission that they would consider maintenance of some of the fill, provided that the functions of the wetland, such as drainage, are maintained.
Regular Meeting
Minutes
February 6, 2002
Page 4
Agency members also requested that Mr. Hinkley, who was also present, check maps and records at the Town Hall prior to beginning any future jobs.
d. Review & Adopt Bylaws
Members briefly reviewed the Commission’s bylaws.
Mrs. Formeister noted that the bylaws include “Audience Comments” twice on regular meeting agendas, but the practice of the Commission is to only have one item of “audience comments” on their regular meeting agenda.
After discussion, it was the consensus of the Commission members to remove the second “audience participation” from the regular meeting agenda.
Members discussed circumstances for special meetings.
Mr. Askew and Mrs. Formeister noted that occasionally special meetings are held so that applicants will receive official approval of their application and allow for construction to begin prior to the Commission’s next regular monthly meeting.
A motion was made by Mr. Grant, seconded by Mr. Rondeau, and unanimously voted to approve the bylaws as amended.
d. Other
There was no other old business brought up for discussion.
d. 2002/2003 Budget
Mr. Askew noted that the Commission may wish to consider projects for funding under “Conservation Projects”.
After brief discussion, Mr. Askew was directed to have a plaque inscribed to give credit to the Somers Conservation Commission’s donation of the Soapstone Mountain sign, located at Soapstone Mountain.
Members held discussion regarding the possibility of receiving the Commission’s agendas and meeting minutes through email. Mr. Askew will discuss this with other staff members.
Mr. Grant mentioned the possibility of instituting an application fee for applicants who request that a special meeting be held for the purpose of approving their application. After brief discussion, it was the consensus that this would not be appropriate.
Regular Meeting
Minutes
February 6, 2002
Page 5
After brief discussion, a motion was made by Mrs. Formeister, seconded by Mr. Grant, and unanimously voted to approve the 2002/2003 Conservation Commission budget as amended.
Mr. Askew presented his Agent’s Report.
He presented a letter from Mr. Stanton dated January 21, 2002, for review by Commission members.
Mr. Askew noted that cutting plans for the parcel were approved with a permitted use of right, however the area marked “select cut” was actually clear cut and stumps were removed and chipped on site. The area is located within the Upland Review Area. This action requires a full permit.
The entire parcel is approximately 30 acres. The area within the wetlands was cut less than 50%.
Mr. Stanton will submit a full permit application, which will include a full site plan.
Mr. Askew also explained a situation at 477 Pinney Road/Jobs Hill Road, owned by William Cadieux.
Mr. Askew stated that until 1996, raw sewage entered
directly into the stream. A septic
system was installed in 1996. The owner
wants to add topsoil and seed to cover the organic material at the edge of the
stream. Mr. Askew has given permission
with the condition that hand tools only be used.
At 471 Pinney Road, the owner has cleaned up his yard of old
wood and debris and piled it along the stream.
The owner has been instructed by Mr. Askew to remove the debris from
within the stream.
Mrs. Formeister left the meeting for the evening at this time. (8:40 p.m.)
Mr. Askew explained that a permit was issued to the Union Agricultural Society in 1997 for one acre of fill. Work began in the summer of 2001. The contractor has created ditches through the woods. The upland review area has been cleared and graded.
Mr. Askew has requested that all work cease. A surveyor will need to re-flag the wetlands and some restoration will be required.
Regular Meeting
Minutes
February 6, 2002
Page 6
After discussion among Commission members, it was the consensus that a Notice of Violation be issued. If work continues prior to a permit modification approval, a Cease and Desist Order is to be issued.
A motion was made by Mrs. Wood, seconded by Mr. Helberg, and unanimously voted to approve the Agent’s Report.
A motion was made by Mrs. Wood, seconded by Mr. Grant, and unanimously voted to approve payment of $55.09 for legal notice to the Journal Inquirer and $33.74 for the Commission’s portion for repair to the Land Use Office copy machine.
A motion was made by Mr. Rondeau, seconded by Mrs. Wood, and voted to approve the minutes of the meeting of January 2, 2002 as presented. Vote was 5 in favor, 1(Walton) abstention. Motion passed.
A motion was made by Mr. Grant, seconded by Mr. Rondeau, and unanimously voted to adjourn the meeting at 8:50 p.m.
Respectfully Submitted,
Joan Formeister, Secretary
Susan Swiatek, Recording Secretary