TOWN OF SOMERS
CONSERVATION
COMMISSION
P. O. Box 308
Somers,
Connecticut 06071
CONSERVATION
COMMISSION MINUTES
7/10/02;
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; Lise Wood; Don Smith and
George Grant. Wetland Agent David Askew
was also present.
II. AUDIENCE PARTICIPATION: There was none.
III. OLD BUSINESS:
Lise Wood made a motion to place Item (a) at the end of
Old Business as the applicant has not yet arrived at the meeting. This motion was seconded by George Grant and
unanimously approved by the Commission.
b. Discussion/Possible
Decision, Wetlands Application #449, 13-lot
Resubdivision in Upland Review Area, 325 Billings
Road, Gingras Builders
The applicant, Guy Gingras, reported that he has
withdrawn his subdivision application from the Planning Commission until the
issue of Billings Road being a connector road is resolved.
Also, there is an existing
trail on the property; and the Trails Committee may request a conservation
easement in order to extend this trail.
David Askew recommended that
a clearing limit line be designated on the final subdivision plan so the owners
know there is a limit to clearing adjacent to wetlands. Mr. Gingras said he does not want a
restriction on a lot-unless it is necessary.
George Grant inquired about
the soil types and was told that it is sand and gravel. George was concerned about working on the
steep slopes above the wetlands. Mr.
Gingras said he has no plans to do any construction beyond the designated silt
fence along the wetland boundary.
Don Smith made a motion to
approve Wetlands Application #449 with the condition that Lots #6 through #12
have a clearing limit indicated on the final subdivision plan. This motion was seconded by Lise Wood and
unanimously approved by the Commission.
c. Discussion/Possible Decision: Wetlands Application #450, Garage in
Upland Review Area, 47 Avery Road, Lee
This application was reviewed at the last meeting. The applicant plans to build a garage and
will be required to put in a foundation wall to reduce the amount of fill
adjacent to the wetland.
George Grant said the area
is very steep and close to the wetland.
David Askew said it is only a 10' long slope and with the foundation
wall, he feels there will not be a problem with erosion into the wetland.
George Grant made a motion
to approve Wetlands Application #450 with the condition that a foundation wall
is constructed and that David Askew is notified before construction begins. This motion was seconded by Don Smith and
unanimously approved by the Commission.
d. Discussion/Possible
Decision: Wetlands Application #451,
Driveway/Bridge
Crossing of Stream, 112 Wrights Brook Drive, Vamos
This is an "after the fact" application that
was reviewed at the last meeting. The applicant
put in an accessory driveway that crosses the brook over to a shed on his
property. A picture was passed around
of the completed project. David Askew
has no other issues.
Don Smith made a motion to
approve Wetlands Application #451; Lise Wood seconded the motion, which was
unanimously approved by the Commission.
e. Discussion/Possible
Decision: Wetlands Application #452,
Construct
Swale in Upland Review Area, 120 Pond Circle, Alpha
Builders, Inc.
The applicant was asked at the last meeting to provide
the Commission with a plan showing the contours of what they have done and are
proposing to do. The work has not been
completed. The applicant delivered a
letter to David Askew granting an extension of his application so that he has
time to provide what the Commission has requested.
Don Smith made a motion to
delay a decision on this application until the next Conservation meeting. Lise Wood seconded the motion, which was
unanimously approved by the Commission.
f. Discussion/Possible
Decision: Wetlands Application #453,
Install Culvert
for Driveway for New House, 202 Root Road, Patsun
Construction
This
application was discussed at the last meeting and there were no wetlands
concerns. David Askew indicated that he
had no issues with this application.
George Grant made a motion
to approve Wetlands Application #453 with the condition that the work is done
under dry conditions. This motion was
seconded by Lise Wood and unanimously approved by the Commission.
g. Discussion/Possible
Decision: Wetlands Application #454,
Construct
Small Pond & Rip Rap Spill Way in Existing Stream,
534 Billings Road, Gale
Essentially, this is a drainage ditch with a little bit
of wooded wetland located upstream.
David has no issues with this application except he would like a
construction sequence plan and require that the work be done in dry weather
conditions.
Lise Wood made a motion to
approve Wetlands Application #454 with the condition that a construction
sequence plan be provided and that the work be done in dry weather
conditions. This motion was seconded by
Don Smith and unanimously approved by the Commission.
The Commission returned to Item (a), under Old Business.
a. Discussion/Possible
Decision: Wetlands Application #449
(After the Fact)
Wetland Filling for Parking Lot & Outdoor Growing
Area, 164 Hampden Road
Grower Direct Farms, Inc.
David Askew requested at the last meeting an entire
comprehensive plan of what has been done and what is planned to be done on this
property. He asked Mike Mocko, the
applicant's environmental consultant, to break the activity down into what
would be a permitted use of right, a permitted activity, and the mitigation
required to date. This has not been
provided. The application is at the
65-day limit; a letter authorizing an extension must be provided by the
applicant. Mr. VanWingerden promised he
would bring in this letter tomorrow.
Mr. VanWingerden indicated
that the parking lot and mum field are finished. He will provide David Askew with a drawing of what has been
done. He said additional surveying has
to be done.
George Grant made a motion
to postpone a decision on this application until the next meeting; seconded by
Don Smith and unanimously approved by the Commission.
IV. NEW BUSINESS:
George Grant made a motion to add Wetlands Application
#457 and #458 to the agenda under New Business as Items (c) and (d). This motion was seconded by Don Smith and
unanimously approved by the Commission.
a. Wetlands
Application #455, Permitted Use of Right for Logging Activity,
8 Turnpike Road, Trappe
Christian
Kruger, a certified forester by the State, will be in charge of the logging
operation on this property. He
presented a map showing where the logging will be done. He said he would be removing the overstory.
David Askew said there are
small areas of wetlands on this parcel,
including a vernal pool and the logging will be at least 50' away from this
pool. There is another seepage wetland
with no significant habitat. The
loggers will be allowed to do 50% cutting in this area. Otherwise, the area is dry. There is a permitted use of right, so it can
be approved tonight.
Lise Wood made a motion to
approve Wetlands Application #455 - with the condition that the logger work
closely with David Askew to be sure our regulations are followed. This motion was seconded by Don Smith and
unanimously approved by the Commission.
b. Wetlands
Application #456, Logging Activity, 256 Scully Road, Trappe
David Askew said this area was logged before
and the loggers left the area a real mess.
There are significant areas of wetland on the property. David, the forester, walked much of the
parcel to look for an alternative landing location. Because there is so much wetland, no location was found. The existing landing is the best location,
although it is wet.
Don Smith and George Grant
stated they would have to recuse themselves from action on this application
because they are both members of the Land Trust Board. Properties that that Land Trust Board is
involved with abut the Trappe property.
Christian Kruger asked if
the Conservation Commission could have a Special Meeting in August so that he
might have his application approved. He
said it is better to set up this logging operation in dry weather - before the
rainy season in the fall.
c. Wetlands
Application #457, Lot #4, Old Farm Road; Michael Mansour
and Doug Ellis from Buck & Buck Engineers-Filling
of Wetlands for House and
Septic System
David told the applicants that he would require a
separate application for each lot. They
will have to submit another application and pay another fee for the second lot.
David Askew explained that
there are two remaining lots on Old Farm Road - both with wetlands issues -
located at the beginning of Hall Hill Road.
The basic issue on this is that there is quite a bit of flagged wetland
on this parcel. Steve Jacobs,
Sanitarian; and David Askew both questioned the wetland line shown on the
property. David said this is an
approved building lot at the lower end of Old Farm Road. If the Commission wishes, this could be
called a significant activity. If it
were deemed a significant activity then the Commission would require (1) an
assessment of the wetland value (2) an assessment of what would be lost if some
of the wetlands were filled. This would
also require a public hearing. Mr.
Mansour would like to present a drainage plan to the Commission. He would like to put in a curtain drain for
a period of about a year to see if this will lower the water table.
The groundwater has to come
down to 18" from the surface. In
terms of a septic system, this lot is unsuitable at this time. The wetlands would have to be filled. He said that twenty years ago, house lots
were developed on either side of Lot #4.
Since that time, all the surface water has been draining onto Lot
#4. At one time, this lot was dry. Now the water table is very high. He would like to get this lot back to its
original state.
David Askew recommended that
the Commission not make a decision without additional information. This is a house lot in wetlands. Don Smith made a motion to declare this
application a significant activity. The
Commission will require (1) assessment
of the wetland value (2) assessment of
what would be lost if this large amount of wetlands was filled. This application will require a public
hearing. This motion was seconded by
George Grant and unanimously approved by the Commission.
d. Wetlands
Application #458, Lot #20, Old Farm Road - Michael Mansour
and Doug Ellis of Buck & Buck Engineers - Filling
of Wetlands for House and
Septic System
David Askew reported that there has been some grading
activity on this lot and there is a little bit of ponding. This is a much smaller wetland area with no
significant wetland value. The water
will sheet along the road and into the storm drains. He asked the applicants to come in with a plan to fill in the
wetland area.
There were two members of
the audience that were not present during Audience Participation. Chairman Lipton asked if they had anything
to say concerning an agenda item.
II. AUDIENCE PARTICIPATION:
Ernest Bouthtree of Ellington asked for the name
of the logger and whether he was state-certified. He said that he is a member of the Land Trust Board and he is
concerned about several Somers properties that abut this logging
operation. He said he has been
investigating Somers Land Records and feels some of the boundary lines might be
inaccurate. He does not want any
logging to be done on the properties that the Land Trust Board is interested in
purchasing for the Town of Somers.
V. STAFF/COMMISSION REPORT:
David Askew, Wetland Agent, presented his report to the
Commission. He said he had no new violations
to report. The following are highlights
from his report.
424 Hall Hill, Williams: The wetland
restoration/violation is proceeding according to plan. Removal of stockpiles within the wetland,
relocation of a ditch, and seeding with a wetland/meadow mix must still be
completed.
Four Town Fairgrounds: The consultant will be
submitting the final plan within a week and David expects wetland restoration
completed by the end of August.
County Road: Four new houses have caused
increased water run-off onto the gravel road.
David has asked the developer to inspect erosion controls daily and to
add haybales and check dams where necessary.
David completed
reviews/inspections of (9) new permits and (10) Certificates of Occupancy or
return of lawn bonds.
Lise Wood made a motion to
approve the Wetland Agent's report; seconded by Don Smith and unanimously
approved by the Commission.
VI. CORRESPONDENCE AND BILLS:
Received a letter from the State regarding new logging
regulations and a date for a public hearing on the regulations. The State is concerned about fraudulent
information and unsafe logging practices.
David stated that he would contact Joan Formeister and inform her of the
public hearing.
VII. MINUTES APPROVAL: June
12, 2002
George Grant made a motion to approve the 6/12/02
minutes, as written. This motion was
seconded by Lise Wood and unanimously approved by the Commission.
VIII. ADJOURNMENT:
Motion to adjourn was made by Lise Wood; seconded by
George Grant and unanimously approved by the Commission. The meeting was adjourned at 8:25 p.m.
Respectfully
submitted,
Joan
Formeister, Secretary
Connie
Carenzo, Recording Secretary