TOWN OF SOMERS

CONSERVATION COMMISSION

P. O. Box 308

Somers, Connecticut 06071

 

Conservation Commission Minutes

5/8/02; 7:00 p.m.

Town Hall

 

I.       CALL TO ORDER:

 

         Chairman Simon Lipton called the meeting to order at 7:00 p.m.  Members present were:  Simon Lipton; Joan Formeister; Donald Smith; Maurice Rondeau and Lise Wood.  Also present was:  David Askew, Wetlands Agent.

 

II.      AUDIENCE PARTICIPATION:       There was none.

 

III.     OLD BUSINESS:

         a.       Discussion:  Four Town Fair Grounds, Wetlands Disturbance

 

                  The contractor had a wetlands permit to fill about one acre of wetlands in order to enlarge a parking/horse exercise area.  Instead, the contractor filled approximately (3) acres of additional wetland and ditched through this wetland.  The Commission required at their last meeting that a consultant be hired to come up with a plan of restoration.

 

The applicant hired Clint Webb as their consultant.  Mr. Webb said he is an environmental scientist specializing in wetland issues.  He presented a plan to the Commission for complete restoration of the disturbed wetlands - with the exception of the (1) acre that has a wetlands permit.

 

When the ditch was dug through the wetlands, the wetlands soils were stockpiled.  These soils will be used to re-fill the ditch and re-grade the area.  The wetland plants will restore themselves.  Grass will be planted to stabilize the area.

 

The horse ring warm-up - basically the upland area - was a knoll.  This will be regraded to take it out of the wetlands.  The elevation is one and one-half to three feet - which will be barely noticeable in the distance of 500 to 600'.  This will be re-established as a meadow wetland which would be mowed once a year at fair time, so that wildlife can nest in the spring and summer months.

 

David Askew indicated his approval of Mr. Webb's restoration plan.  A wetlands application could be applied for or the Commission could treat this as a compliance and a restoration.  Then the work could begin immediately.  It was the consensus of the Commission restoration work should start right away.  David asked Mr. Webb to submit his final cross-sections to him and to be sure he is on the site giving instructions during the restoration process.  David Askew will check the progress of the restoration periodically.

 

IV.     Wetlands Application #447 (After The Fact), Wetland Filling for Parking Lot &

         Outdoor Growing Area, 164 Hampden Road, Grower Direct Farms, Inc.

 

         Lise Wood recused herself from this agenda item only because she is an abutter.

 

         The Commissioners discussed the fact that this about the fourth time Mr. VanWingerden has altered or filled wetlands without a permit.  Don Smith suggested increasing the fee for people who do work in wetlands without a permit.  Simon Lipton said Mr. VanWingerden is just a farmer trying to make the best use of his property.

 

Mike Mocko, Environmental Analyst, appeared for the applicant.  He said the application and plan has been submitted.  Just about all the land on this site was disturbed by a gravel operation when there were no wetlands regulations at all.  The water table was intercepted and then the gravel bank was abandoned.  These are man-made wetlands - altered land that was left behind after the gravel bank was gone.

 

Simon Lipton said that the real wetland is to the south and the wetlands in question were all man-made.

 

Mike Mocko said the application was for an expanded parking area and growing area.  The applicant has filled a wet meadow wetland.  He will create another wet meadow wetland in another location on the site to make up for the filling of this one.  This could be done in conjunction with creating a pond - which was ordered by the Commission because of a previous violation.  This work could be done this year.

 

David Askew recommended at least a 25' permanent buffer from the stream and the natural wetland area.  David feels that the natural wetland that has been filled should be restored.  He would like a timetable as to when these areas will be mitigated.

 

         b.       Wetlands Application #448, Inground Pool in Upland Review Area, 42

         Parson Road, Seagrave

 

         Mr. Seagrave is back from the wetlands more than 25'.  He would like to put in an inground pool as well as a garage/shed.  David Askew said there is an existing house surrounded by a well-established lawn.  The pool is consistent with house and lawn set-up.

Erosion control such as haybales and a silt fence will be installed to protect the wetland during construction.

 

         c.       Wetlands Application #449, 13-lot Resubdivision in Upland Review Area,

         325 Billings Road, Gingras Builders

 

         The Commission waited a few minutes for the arrival of Mr. Gingras' engineer, Gerry Hardisty.

 

Mr. Hardisty showed a preliminary plan to the Commission.  This a proposed resubdivision on a  1,200 cul-de-sac road named Fawn Hill Drive.  It is located across from Sunshine Farms Subdivision.  There is a stream to the north of the parcel that crosses under Billings Road.  The upland soils are sand and gravel.  There will be a 1,200 square foot cul-de-sac with two storm drain outlets to drain into the stream.

 

David Askew said his main concern is to protect the wetland area and the stream.  Some additional protective measures may be necessary.  David would like to meet with the Town Planner and the Town Consulting Engineer regarding their concerns about this parcel before making a recommendation.  Lot #7 could possibly affect the brook.  He said this is a beautiful stream - loaded with trout.  There is a wooded wetland buffer within the wetland. 

 

Mr. Gingras suggested a deed restriction on Lot #7 or possibly a conservation easement.

 

This application will be discussed further at the next Conservation meeting.

 

The Commission allowed the following citizen to approach the Commission because she was not present during Audience Participation.

 

II.      Audience Participation:

 

Jane Pelkey, 440 Turnpike Road:  said that a temporary bridge is in place on Turnpike Road where clear-cutting of trees is taking place in preparation for building a road into an approved subdivision.  She feels that this bridge is deteriorating with all the heavy truck traffic.  She said if the bridge and culvert break, then her property will be flooded.

 

David Askew said the owners have a valid wetland permit to cross the brook.  The Army

Corps of Engineers is aware of this activity and a permit from them is pending.  David said the owner can clear cut his property and he does not have the authority to order the developer to fix the bridge.  He can order him to keep silt out of the brook.  The Town can not do anything if the owner is not in violation of a regulation.  David Askew apologized for not being able to be more helpful to Ms. Pelkey.

 

V.      Staff/Commission Report:

 

         David Askew presented his 5/8/02 Wetland Agent's Report to the Commission.  The following are highlights:

 

424 Hall Hill Road:  The new owner cleared within wetlands and relocated a drainage ditch that feeds water to the wetland.  The owner has agreed to restore the area - only after a Certified letter was sent to him threatening legal action.  David will work with the owner to be sure the restoration is complete.

 

112 Wrights Brook:  The owner of this property built a culvert crossing of a brook that leads to a new shed on the other side of the brook.  He did this work without a permit.  He will be applying for a permit within a month or two.  David still has to write a violation letter to him to formalize it.

 

Old Farms Road:  There are two lots left in this older subdivision that have been generating some interest.  One lot is nearly all wetland and the other contains a possible vernal pool.  We can probably expect to see an application - maybe two - within the next few months.  One lot can support a septic system but would require the filling of at least one-half acre of wetlands.

 

David said it has been very busy and he has reviewed (10) new permits and (14) certificates of occupancy or return of lawn bonds.

 

Lise Wood made a motion to accept David Askew's Wetland Agent Report; seconded by Don Smith and unanimously approved by the Commission.

 

VI.     CORRESPONDENCE AND BILLS: There were none.

 

VII.    MINUTES APPROVAL:      April 3, 2002

 

         A motion was made by Don Smith, seconded by Lise Wood and unanimously approved by the Commission to approve the 4/3/02 minutes, as written.

 

VIII.   ADJOURNMENT:

 

         Motion to adjourn was made by Lise Wood; seconded by Don Smith and unanimously approved by the Commission.  The meeting was adjourned at 8:15 p.m.

 

                                             Respectfully submitted,

 

 

 

                                             Joan Formeister, Secretary

 

                                             Connie Carenzo, Recording Secretary