MINUTES ARE
NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.
TOWN OF SOMERS
CONSERVATION
COMMISSION
P. O. Box 308
Somers,
Connecticut 06071
CONSERVATION
MINUTES
11/6/02;
7:00 p.m.
Town Hall
I. PUBLIC HEARING
a. Wetlands Application #460, Filling
Wetlands for New House and Septic System, Lot #4, Old Farm Road, Mansour
Chairman
Simon Lipton opened the public hearing at 7:00 p.m.
The
Town Planner noted that this public hearing must be continued because signs for
the public hearing were not posted on the property (10) days before the hearing
date, as required.
Lise Wood made a motion to continue this public
hearing until the next Conservation meeting on 12/4/02 at 7:00 p.m. This motion was seconded by George Grant and
unanimously approved by the Commission.
II. CALL TO ORDER:
Chairman
Simon Lipton called the regular meeting to order at 7:02 p.m. Members present were: Simon Lipton; Don Smith; George Grant; Lise
Wood and Joan Formeister. Also present
was Town Planner, Patrice Carson.
III. AUDIENCE PARTICIPATION: There
was none.
IV. OLD BUSINESS:
a. Discussion/Possible Decision: Wetlands Application #461, Install Dry
Hydrant in Pond, Billings Road (Cedar Knob), Town of Somers
Don Smith made a motion to approve
Wetlands Application #461 - based on the positive statements made by Wetlands
Agent David Askew - with the stipulation that this work be done during dry
weather and low flow conditions. This
motion was seconded by Lise Wood and unanimously approved by the Commission.
b. Discussion/Possible Decision: Wetlands Application #462, New House in
Upland Review Area, 10 Manse Hill Road, McCullough
David Askew suggested in his memo to
the Commission dated 11/6/02 that the Commission review the ability of this lot
to support the usual appurtenant structures such as pools, sheds, and gazebos -
and whether or not such future uses would require additional wetland
alterations.
Patrice Carson said the Staff usually discusses with
the homeowner the possible restriction of additional accessory buildings or
pools on a lot that is marginal because of wetlands. It appears that any additional structures on this lot would
require a wetland permit.
Mike Mocko, Environmental Consultant for the
applicant, presented the drawing to the Commission for their review. He pointed out a line on the drawing
depicting that no work will be done beyond this line because of wetlands -
except for the removal of brush and non-native plants that will be hand pruned.
Mike Mocko said it is common to attach special
conditions to the approval of a lot such as this; i.e., a restriction on any
additional buildings or pools without the consent of the Conservation
Commission to insure that the wetlands will not be disturbed.
Mike Mocko also suggested that a conservation
easement could be placed on the deed so that a prospective buyer would know
that additional development of the property could be a problem. He said the proposed house is small compared
to others on Manse Hill Drive. It is a
four-bedroom Colonial with about 2,000 square feet of living space.
Joan Formeister remarked that a smaller house would
have less impact on the wetland area.
Mike Mocko said that right now, the house is set
back 30' from the wetland area. The
buffer area could be increased by moving the silt fence closer to the
wetland. This is an isolated wetland
that is only connected by an underground pipe and the storm drain system.
Don Smith thinks that the owner of this property
would be inclined to fill in this wetland area in order to give himself more
useable space.
Mike Mocko feels the buffer zone is adequate. No one can assure that a future property
owner will not fill this wetland. A
conservation easement could be identified to the property owner; i.e., placing
signs on trees abutting the wetland.
Patrice Carson said it appears there are several options: the Commission could require that a conservation easement be placed on the deed and identified on the property. Also, the applicant could show what a smaller house would look like on the lot and see if this would make any difference in protecting the wetland area.
Patrice Carson asked about something she could not
identify on the drawing. Mike Mocko
told her that it was part of the living area of the house but it was
constructed on a slab. Patrice told him
that slab construction cannot be used as part of a new house - only for a
garage.
Mike Mocko said the slab was proposed because the
foundation drains in this area of the house would not meet the required
setbacks for the septic system. Mike
said that instead of the traditional foundation drains, waterproof coatings
could be used to be sure the foundation did not leak. He said this is more expensive but could be done.
Don Smith suggested that Mike Mocko go back to the
builder and ask him to revise his plan to a smaller three-bedroom house with a
full basement.
Mike Mocko feels that cutting 10' off the house will
not lessen the wetland impact.
Further discussion on this agenda item will be
postponed until the next Conservation meeting on 12/4/02. The Staff will review this application
further and Mike Mocko will prepare a plan revision - with the approval of the
developer.
V. NEW BUSINESS:
a. Wetlands Application #463, New House
in Upland Review Area, 102 Scully Road, Panciera
Mike Mocko, Environmental
Consultant, for the applicant presented a plan to the Commission for their
review. He said there is presently a
small house on the lot - which will be removed. This application is for the construction of a new house - replacing
the existing home on the lot. In order
for the new house to comply with current Zoning Regulations, the septic system
is in the front of the house. A new
well will also be drilled and the old well will be abandoned. The property has an intermittent
stream. There are no inland wetlands
associated with the stream. The stream
does fill up during significant rainfall and flows down the mountain. There is a 30' culvert to handle the water
runoff during significant storm events.
The entire lot is lawn - with the exception of the rear of the property
where there are large trees.
There is a "limit of work" line. There is an existing driveway that will be
extended to the new garage. It appears
that a sump pump will have to be used in the basement to discharge the water
from the foundation drains. A house
plan is available.
David Askew, Wetlands Agent, has not seen these
plans. He may have some conditions of
approval after his review.
b. Wetlands Application #464, Permitted
Use As of Right for Logging, Billings Road, Lucia Property, McEwen
Steve
McEwen, logger for Mr. Lucia, presented the logging plan to the
Commission. The wetlands have all been
flagged. All of the logging will be
done west of the brook. There is a
right-of-way into the Lucia property through the Antonacci property - basically
on the driveway. There is a gravel road
that veers off the driveway onto the Lucia property. There is a viable stream - a good trout stream - called Abbey
Brook on the property. Dave Askew has
asked for a 50' buffer to the stream.
The land is flat up to the brook.
This is a large timber harvest with no more than 50% cutting in any
area.
Steve McEwen said he would not take his skidder into
the wetlands. There will be no more
than 50% cutting in the wetland area.
On the other side of the stream, there is a huge wetland - which looks
to be impossible to log.
Access to the area must be from the east, across a
relatively dry portion of the oxbow and it should be marked in the field prior
to starting the operation.
Joan Formeister made a motion to approve this
application as a permitted use of right with the stipulation that a 50' buffer
is maintained to the brook and access to the property must be marked prior to
beginning this logging operation. This
motion was seconded by George Grant and unanimously approved by the Commission.
c. Modification of Wetland Permit #447,
Additional Wetland Filling, 164 Hampden Road, Grower Direct
Lise
Wood recused herself from discussion of this item only.
Michael
Mocko, Environmental Consultant for the applicant, stated that no work has been
done without permits. The pond and
wetland work that is part of the agreed mitigation is nearly completed. The outlet structure for the pond was done
first so that muddy water would not go into the wetlands. As planned, the water will flow to the pond
into a shallow marsh area. The existing
vegetation has been carefully removed and placed into the shallow pond
area. The pond has been enlarged and
the wetlands enlarged as well. There
will be an additional 2,000 square feet of wetlands.
Mr. VanWingerden would like to fill in more wetland
area. He needs a truck pullout and
turn-around. He would like to put in
40' of pipe. There would be a 30'
encroachment into the wetland. 5,696
square feet of wetland will be filled and it is proposed that this 5,696 square
feet be added onto the debit that is owed for replacement of wetlands.
Once this work is finished, the applicant will
propose another pond, marsh wetlands - wet meadow replicate. An as-built plan for the project will be
available soon which will show a new balance for the next phase of wetland
replication. Mr. VanWingerden has
submitted a letter requesting that this change be part of the original
permit. It is planned to submit this
as-built plan to the Commission as well as a plan for the balance of the
mitigation.
Don Smith said the applicant has a month to prepare
a mitigation plan and he would like to have it submitted at the next
Conservation meeting.
Mike Mocko agreed to work up a mitigation plan for
the next meeting. He said he feels the
Commission will be pleased with the finished product at Grower Direct and he
invited the Commissioners to take a look at the project.
Lise Wood returned to her Commission seat.
d. Other:
Whittaker Property
Don Smith stated that Carl
Whittaker has volunteered to go back to his siblings to see if they would
consider selling the 281 acres of his father's estate. The Town and the Land Trust are offering to
come to some sort of agreement to buy the land. Two appraisals will be required and the State will pay 50% of the
cost. A signed agreement will be
required from the Whittaker's stating that the lower of the two appraisals
would be accepted. The Town and the
Land Trust would own the property. This
property abuts McCann's property to Wells Road to Mountain View Road.
Ideally, the federal government will pay 50% of the
cost of the land and State money could be used for the Town's portion of the
remaining 50%.
Carl Whittaker said the family would like to log the
property; Don Smith advised against it.
George Grant suggested that if the siblings don't
agree to sell the land, try to get a letter of first refusal from the
owners. Then the family can try to sell
the property on the open market.
Don Smith said the Land Trust will try to get the
best terms possible for the Town. There
is some farmland on this property. The
Conservation Commission could request that the Board of Selectmen authorize one
million dollars for the purchase of this property.
VI. STAFF/COMMISSION REPORT: There was none.
VII. CORRESPONDENCE AND BILLS:
There
were three bills from the Journal Inquirer:
9//4/02 $86.57
10/7/02 $47.22
11/6/02 $125.92
The
11/6/02 public hearing will have to be re-advertised because the hearing was
continued until the next Conservation meeting.
George Grant made a motion to approve payment of the
bills; seconded by Joan Formeister and unanimously approved by the Commission.
VIII. MINUTES APPROVAL: October
2, 2002
Joan Formeister made a motion to approve the minutes of 10/2/02; seconded by Lise Wood and unanimously approved by the Commission.
IX. ADJOURNMENT:
Motion to adjourn made by Joan Formeister; seconded by Lise Wood and unanimously approved by the Commission. The meeting was adjourned at 8:30 p.m.
Respectfully
submitted,
Joan
Formeister, Secretary
Connie
Carenzo, Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.