MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.

 

 

TOWN OF SOMERS

CONSERVATION COMMISSION

P. O. Box 308

Somers, Connecticut 06071

 

CONSERVATION COMMISSION MINUTES

9/4/02; 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; George Grant; Karl Walton; Lise Wood and Maurice Rondeau (8:10)p.m.  Also present was August Helberg who was seated for Joan Formeister.  David Askew, Wetlands Agent, was also in attendance.

 

II.        AUDIENCE PARTICIPATION:       There was none.

 

III.       OLD BUSINESS:

            a.         Withdrawal of Wetlands Application #457, Filling Wetlands for New House

            and Septic System, Lot #4, Old Farm Road, Mansour

 

            At the July meeting of the Conservation Commission, the Commission determined that this application was a significant wetland activity - which requires a public hearing.  The applicant was unable to submit the information required by the Commission in time for tonight's meeting.  Therefore, the applicant withdrew Application #457 and will re-submit for the next meeting.

 

            b.         Discussion/Possible Decision:  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 item only.

 

            David Askew said the applicant received a permit in 1998 to fill a pond with the stipulation that this pond would be replaced.  The applicant owes the Conservation Commission about 1.2 acres of open water and wetland to meet the requirements of the approved permit.

 

David said mitigation would not be an issue if the application were directly related to agriculture.  However, the application was for a parking lot - which does not fall into the category of an agricultural permitted use of right.

 

Mike Mocko, Environmental Consultant for the applicant, feels that this parking lot is used by employees of Grower Direct and therefore should be considered part of the agricultural permitted use of right.

 

Mike Mocko presented a plan for the expansion of what was originally used as a detention pond for the abandoned gravel operation.  The natural wetlands area was recently delineated and is shown on the drawing.  A berm was put in to prevent debris from going into the natural wetlands.  The proposal is to enhance the pond by repairing a blowout in the berm - thereby raising the water level about one and one-half inches.

 

There is a 36" drainpipe that takes most of the water run-off from the greenhouse area.  The plan is to expand the pond area and divert the run-off to a shallow marsh.  There is a significant spring which flows into the pond - also a seasonal spring.

 

1.         Expansion of the pond area - 9,000 square feet of shallow water pond.

2.         8,000 square feet from the shallow marsh area which would offer a vegetative matt that traps sediments and prevents turbidity in the pond.

 

David Askew said the Commission could attach a condition to approval of this application requiring the applicant to report back to the Commission within a month or two with a definite plan for further mitigation of the wetland areas.

 

Karl Walton remarked that the proposed mitigation is about half of what is owed to the Commission.  He feels the applicant must come up with a plan for the remainder of the mitigation.

 

Karl Walton made a motion to approve Wetlands Application #447 with the proposed mitigation being completed by 10/30/02.  Also the applicant must report back within (90) days with a definitive plan for the remainder of the mitigation promised to the Commission.  George Grant seconded this motion which was unanimously approved by the Commission.

 

Lise Wood returned to her Commission seat.

 

            c.         Discussion/Possible Decision:  Wetlands Application #452, Construct Swale

            in Upland Review Area, 120 Pond Circle, Alpha Builders, Inc.

 

            This is another "after the fact" application at the end of Pond Circle.  There is an existing house.  Sometime over the summer, the hillside was pushed down into the wetlands.  The applicant has proposed constructing a swale to handle the drainage.  The wetland is a man-made feature, created to handle drainage during construction of the subdivision road.

 

Dave Askew sent this application to Merv Strauss, Town Consulting Engineer, and he sees no problem with leaving the filled-in area as is.  David Askew agrees with this opinion.

 

George Grant made a motion to approve Wetlands Application #452 with the stipulation that the applicant maintain existing conditions and construct the swale as shown on the drawing.  This motion was seconded by Lise Wood and unanimously approved by the Commission.

 

            d.         Discussion/Possible Decision:  Wetlands Application #456, Logging

            Activity, 256 Scully Road, Trappe

 

            George Grant recused himself from this agenda item only.

 

David Askew presented a drawing to the Commission of the proposed logging activity, which showed the old roadway, which would be used to access the logging area.  This is near the Kertenis property on Scully Road - where the pavement ends.

 

David said that when an old road is abandoned, then the landowners on either side of the road both own to the center of the road.  David said that he originally wanted to require improvements to this old road as part of the permit approval, but the road is on private property.

 

David will work with the forester throughout the entire logging operation.  The applicant will have to fix any new problems that are created by the logging operation.  David said that a condition should be added to the approval motion stating that (1) all logging operations will cease or be relocated during wet weather conditions or (2) at the request of the Wetlands Agent.

 

Ernie Bothroyd from Ellington interrupted the discussion with some proposals for the Town of Somers to take in order to safeguard the road area.  He said the drainage pipes in the road should be replaced.  New culverts should be constructed that will last 40 to 50 years.  Mr. Bothroyd said there are right-of-ways across the Trappe property to connect to Scully Road.  He said the Town of Somers owns (3) acres on Scully Road and they should be concerned about the condition of the access road.

 

David Askew said if the abutting owners want to discuss road improvements with the forester, then this would be the way to go.  Civil law deals with damages.  Driving logging equipment over an existing road is not a regulated activity.

 

Mike Mocko, speaking in behalf of Mr. Kertenis, said this road has been a horse path for many years.  The wetlands issue has the potential to create ruts in the ground.  If culverts are installed, then water run-off will be concentrated to a culvert.  Mr. Kertenis does not want water cannons aimed at his lower ground property.

 

David Askew said a curtain drain will be installed in the landing area which will spread out in a lateral ditch.  We can limit logging activities during wet weather conditions.  The existing culverts should be improved but the Commission can not require that this be done because they are on private property.  The forester knows that this is a sensitive property.  The forester and the logger have the responsibility for not adversely affecting the parcel during logging operations.  Best Management Practices have been discussed with the forester.

 

Karl Walton asked if the logging activity would cause an appreciable increase in water flow.

 

David Askew said water flow would not increase if the two property owners agree to improve the existing road.

 

Mike Mocko asked if there are any plans for re-vegetating areas and filling in ruts created by the logging?  He feels this should be done.

 

David Askew said the logger could remove 50% of the trees in a wetland area - according to State Statute.  Re-vegetating disturbed areas and filling in ruts caused by logging equipment are Standard Best Management Practices.

 

 If the logging causes an erosion problem, then David can ask the forester to have it corrected.  David said that he and the forester have discussed provisions for not causing additional erosion or diverting of water onto the Kertenis' property.

 

Mr. Bothroyd from Ellington asked if there was a two-week appeal period to the DEP after the approval of this application.  He feels the Town of Somers should take more action on this issue to improve the road and replace the culverts.

 

Lise Wood made a motion to approve Wetlands Application #456 with the condition that logging operations will cease or be relocated during wet weather conditions or at the request of the Wetlands Agent.  Maurice Rondeau seconded the motion.  The vote was:  (2) in favor; (1) against (Helberg); (1) abstention (Walton).  The motion passed.

 

George Grant returned to his Commission seat.

 

            e.         Discussion/Possible Decision:  Wetlands Application #458, Filling Wetlands

            for New House and Septic System, Lot #20, Old Farm Road, Mansour

 

            David Askew reviewed the wetland area in question for vernal pools or wildlife habitat and in his opinion, this area is a man-made dug-out area with no wetland attributes.  Both Steve Jacobs, Sanitarian and David Askew agree that this wetland area should be filled.  David could find no contiguous areas with the lot across the street, which has been classified as a significant wetland activity.

 

George Grant made a motion to approve Wetlands Application #458; seconded by Lise Wood and unanimously approved by the Commission.

 

IV.       NEW BUSINESS:

            a.         Wetlands Application #459/Discussion of Jurisdiction, New House Within

            Upland Review Area, 138 Broadway Road, O'Brien

 

            David Askew said the reason this is on the agenda is that prior to 1997, regulated wetland activities were activities that occur on properties with wetlands on them.  However, this involves a wetland off-site.  The applicants have been asked to flag the boundaries.  Under current regulations, the upland review area is defined as all areas within 100' of a wetland or watercourse.

 

The question is should the Conservation Commission be exerting jurisdiction?

 

After a discussion, the consensus of the Commission was that this application will be a regulated activity.

 

David Askew advised the applicant not to do anything within 100' of the off-site wetland until they have a valid permit.

 

V.         STAFF/COMMISSION REPORT:

 

            David Askew reviewed his Wetland Agent's report with the Commission.  The following are some highlights.

 

Four Town Fairgrounds:        David has reviewed the final restoration plan, which probably will not be completed until next summer.  They do not plan to do any restoration work until after the Four Town Fair.

 

Root Road, Stanton:   All work has been completed on the pond but the cleared areas have not vegetated well.  Mr. Stanton has been asked to install sediment barriers and remove accumulated sediment from the stream.  He will probably have to re-plant most of the cleared areas.

 

Prison Expansion, Bilton Road:         Land Use Staff met with prison officials to discuss the proposed prison expansion in Somers.  The State will be doing an Environmental Impact Study which should be completed by late fall.  The Staff is concerned with potential flooding impacts to Wrights Brook.

 

Blue Ridge Drive, Stream Improvements:    At Dick Jackson's requested, Steve Jacobs and David Askew inspected the small tributary running between Blue Ridge Drive and Hall Hill Rd. to see if drainage improvements could be made while road and drainage improvements are being made by the State on Hall Hill Road.  It would be difficult to improve drainage by grading through the stream.  Slight improvement could be made by removing debris and reshaping the stream channel.

 

103 Main Street:        The Commission agreed that the Wetlands Permit should be transferred to the new owner, Dzen's Garden.  David will write a letter to the new owner authorizing the transfer.

 

David completed reviews/inspections of 22 new permits and 17 Certificates of Occupancy or return of lawn bonds.

 

Lise Wood made a motion to accept Dave Askew's Wetland Agent's Report.  Maurice Rondeau seconded the motion, which was unanimously approved by the Commission.

 

VI.       CORRESPONDENCE AND BILLS:

 

            We received a thank-you note from Jason Duhrels for the Conservation donation of $700.00 for the handicapped fishing deck in Somersville.

 

There are (2) Open Space Workshops on 9/12 or 9/17, if anyone is interested.

 

DEP has announced they are looking for candidates for the Green Circle award if you have anyone to recommend.

 

Also, received a bill from CACIWC for renewal of Habitat subscription in the amount of $60.00.  Also, they are looking for candidates for their annual Conservation award.

 

Maurice Rondeau made a motion to pay the bill; seconded by Lise Wood and unanimously approved by the Commission.

 

VII.      MINUTES APPROVAL:       July 10, 2002 & August 7, 2002

 

            A change was made on Page 1, last paragraph, lst line; change "proviso" to "condition".

 

Lise Wood made a motion to approve the 7/10/02 minutes, as amended.  This motion was seconded by George Grant and unanimously approved by the Commission.

 

Lise Wood made a motion to approve the 8/7/02 minutes, as written.  This motion was seconded by George Grant and unanimously approved by the Commission.

 

VIII.    ADJOURNMENT:

 

            Motion to adjourn was made by Karl Walton; seconded by George Grant and unanimously approved by the Commission.  The meeting was adjourned at 8:50 p.m.

 

                                                            Respectfully submitted,

 

 

 

                                                            Joan Formeister, Secretary

                                                            Connie Carenzo, Recording Secretary

 

 

MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.