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
3/03/04; 7:00 pm
Town Hall
I. PUBLIC
HEARINGS:
a. Wetlands Application #494, Filling
Wetlands for New House and Septic System, Lot #4, Old Farm Road, Mansour
Dave Askew, Wetlands Officer read the legal notice into the
record at 7:00pm.
Michael Mansour came forward to
discuss the application. He indicated
that he wishes to construct a house on a proposed building lot located in an
approved subdivision on Old Farm Road.
Doug Ellis of Buck and Buck
Engineering came forward to address the commission. He presented a site plan of the property showing where the house
would be located and where the wetlands would be impacted. He talked about the current application for
a two-bedroom house. He also spoke of a
previous application for a four-bedroom house on the same property, which was
previously denied. The amount of
wetlands impacted under the previous application was approximately 10,000 square
feet. Under the current application,
wetland impacts are approximately 5000 square feet.
In response to the applicant’s
comments regarding the proposed septic system, Dave Askew read Town Sanitarian
Steve Jacobs’ written comments indicating that current soil conditions were not
suitable for septic under Connecticut health code. The proposal includes a curtain drain to lower the water table.
Patrice Carson, Town Planner,
indicated to the commission that this is a lot of record within a previously
approved subdivision but is not considered a “buildable lot” until it meets
current regulations.
Mr. Askew indicated that the
previous application was denied because of the amount of alteration to wetlands
and that the Commission previously indicated that there were no alternatives
for residential construction that would reduce wetland impacts.
Karl Silverman, 23 Old Farm Road,
came forward to inquire about the application.
He expressed concerns about his well and also water drainage
concerns. Doug Ellis assured him that
there would be a catch basin to handle the water run off and that it would also
be maintained by the property owner.
MOVED (WALTON) SECONDED (WOOD) AND PASSED UNANIMOUSLY TO
CLOSE THE PUBLIC HEARING FOR WETLANDS APPLICATION #494, FILLING WETLANDS FOR
NEW HOUSE AND SEPTIC SYSTEM, LOT #4, OLD FARM ROAD, MANSOUR, AT 7:18 PM.
b. Wetlands Application #495, Driveway
Crossing for New House in Wetlands, End of White Oak Road, Richard A.
McCullough Inc. Builders
Dave Askew, Wetlands Officer read the legal notice into the
record at 7:19pm.
Michael Mocko representing the
applicant and Richard McCullough came forward to discuss the application. They presented a site plan of the property
showing a driveway crossing of wetlands to a 27-acre upland area where a
single-family residence is proposed.
The house would be 250 feet from the wetlands.
Patrice Carson asked Mike if any
deep hole tests or perk testing had been performed; he indicated that no soil
testing had been done.
Mr. Mocko also showed the commission
a site plan depicting the wetlands area in relation to the proposed driveway,
including the culvert crossing. The
plan also showed erosion and sedimentation controls and a silt fence, which is
to be maintained until re-establishment of vegetation along the edges of the
driveway.
Dave Askew showed the commission an
aerial photograph of the property.
Mike stated that the intent of
developing the property would be to construct a single-family home. He also stated that Wrights Brook is 250
feet south of the site and showed a topographical map of the area.
As mitigation for the wetland
impact, Mr. Mocko and Mr. McCoulough discussed an open space proposal
encompassing up to 30 acres of the main body of the wetland and upland buffer adjacent
to the wetland. They showed the
commission and the audience a site plan and discussed different options for
protecting the open space, including deeding the open space to the Town or The
Northern Connecticut Land Trust.
Karl Walton expressed
concerns about the amount of standing water at the end of the cul-de-sac, which
he observed recently.
Mike Mocko reviewed a
narrative he submitted with the application indicating what alternatives were
considered to reduce wetland impacts and the functions of the existing
wetland. He indicated that the area
chosen for the crossing was the narrowest location possible and that there were
no better locations available for the crossing. He also indicated that the area of the crossing avoids the center
of the wetland corridor, which is the headwater of Wrights Brook.
Steve
Rice, 623 Hall Hill Road, came forward to address the commission. He asked for assurance that the construction
would not affect the overall hydrology of the wetlands behind his property. Mike Mocko stated that the proposed driveway
construction and future single-family residence construction would not affect
Mr. Rice's property.
Deanise
Shewokis, 61 White Oak Road, came forward to address the commission. She had concerns about the proposed application
creating more water problems and therefore putting additional stress on
residents septic systems and structures.
Joseph
Cardinale, 80 White Oak Road, came forward to address the commission. He expressed concerns about additional
flooding to his back yard.
Ed
Cunningham, 77 White Oak Road, came forward to address the commission. He questioned the length of the proposed
driveway and expressed his concerns. He
was told that the length would be 600 feet and that 260 feet of it would go
through the wetlands.
Steve
Rice, 623 Hall Hill Road, expressed concerns regarding the size of the future
single-family residence and where the water run-off from it would go.
Jim
Shewokis, 61 White Oak Road, inquired if the proposed conservation would be
permanent or not.
MOVED (WOOD) SECONDED (WHITFORD) AND PASSED UNANIMOSLY TO
CLOSE THE PUBLIC HEARING FOR WETLANDS APPLICATION #495, DRIVEWAY CROSSING FOR
NEW HOUSE IN WETLANDS, END OF WHITE OAK ROAD, RICHARD A. MCCULLOUGH INC.
BUILDERS, AT 9:14 PM.
II. CALL TO ORDER:
Chairman Formeister
called the meeting to order at 9:25pm.
Members present were Dan Fraro, Todd Whitford, Lise Wood, Karl Walton
and alternate Gus Helberg seated for Maurice Rondeau.
III. OLD
BUSINESS:
a. Discussion/Possible Decision: Wetlands Application #493, New House in
Upland Review Area, 138 Highland View Drive, Drinan
Mr. Drinan, the applicant, came forward to discuss the
application. He stated that he intends
to move his house 25 feet closer to the wetlands than what was originally proposed.
David Askew, Wetlands Officer,
stated that he has no issues with the applicant’s proposal and that the
Commission did not express any concerns at the previous meeting.
MOVED (WALTON) SECONDED (WOOD) AND PASSED UNANIMOUSLY TO
APPROVE WETLANDS APPLICATION #493, NEW HOUSE IN UPLAND REVIEW AREA, 138
HIGHLAND VIEW DRIVE, DRINAN.
b. Discussion/Possible Decision: Wetlands Application #494, Filling Wetlands
for New House and Septic System, Lot #4, Old Farm Road, Mansour.
MOVED (WALTON) SECONDED (HELDBERG) TO DENY APPLICATION #494,
FILLING WETLANDS FOR NEW HOUSE AND SEPTIC SYSTEM, LOT #4, OLD FARM ROAD,
MANSOUR, WITH A FINDING THAT THERE ARE NO VIABLE ALTERNATIVES TO THE PROPOSAL
THAT WOULD REDUCE THE WETLAND ALTERATION.
The Commission discussed the alteration of the wetland and the fact that
the lot was unsuitable for residential construction.
the commission voted and the Motion
was Approved Uninamously.
c. Discussion/Possible Decision: Wetlands Application #495, Driveway Crossing
for New House in Wetlands, End of White Oak Road, Richard A. McCullough, Inc.
Builders.
MOVED (WHITFORD) SECONDED (WOOD) TO APPROVE APPLICATION
#495, FOR A DRIVEWAY CROSSING IN WETLANDS, END OF WHITE OAK ROAD, RICHARD A
MCCULLOUGH, INC. BUILDERS, WITH THE CONDITIONS REPRESENTED BY THE LAND OWNER
AND ENGINEER ON THE RECORD INDICATING THAT
(1) UP TO 30 ACRES OF LAND WILL BE SET ASIDE AS OPEN SPACE BY FEE SIMPLE
TRANSFER TO THE TOWN OR OTHER ENTITY, OR BY ALTERNATIVE MEANS REQUESTED BY THE
TOWN, (2) THE OPEN SPACE SHALL INCLUDE
AT LEAST A 25 FOOT BUFFER AROUND WETLANDS, AND
(3) THE APPLICANT SUBMIT STANDARD HYDROLOGICAL CALCULATIONS RELATING TO
THE SIZE OF THE CULVERTS PROPOSED UNDER THE DRIVEWAY. IN ADDITION THE COMMISSION FINDS THAT THERE ARE NO FEASIBLE OR
PRUDENT ALTERNATIVES AVAILABLE TO REDUCE THE ALTERATION TO WETLANDS.
The Commission discussed the alteration to the wetland and open space
proposal.
THE COMMISSION VOTED (3) IN FAVOR (WHITFORD, FRARO AND
WOOD), (3) OPPOSED (WALTON, HELBERG AND FORMEISTER), (0) ABSTENTIONS. MOTION DID NOT PASS.
d. Other: None.
IV. NEW BUSINESS:
a. Wetlands Application #496, New House
Within Upland Review Area, End of Eaglebrook Drive, Chen
Dave Palmberg, William Palmberg and Sons, came forward to
discuss the application. He stated that
a new house would be constructed at the end the Eaglebrook Drive reverting the
cul-de-sac to the Town of Somers to meet the frontage requirements for a single
family home to be constructed with a septic system and a well. He stated that there would be no impact to
the wetlands but the driveway would be within 100 feet of the wetlands. There is a conservation easement within 50
feet of the cul-de-sac.
Dave Askew indicated that he has no
wetlands concerns with the application, but that the erosion control on the lot
will be difficult given the moderate slopes and high groundwater table.
Patrice Carson reviewed with the
Commission the open space proposal that would give the town a 100 foot easement
for trails across the front of the property as shown on the plan which would
connect to land belonging to the Land Trust.
Any additional open space requirement would be met by the applicant
paying a fee in lieu of land. It was
the consensus of the Conservation Commission to recommend to the Planning
Commission their agreement with the open space proposal.
The commission agreed to accept the
application and took no action on it at this time.
b. Discussion: Open Space Donation for Subdivision, Hurlburt Road, Pudim
Property
Patrice Carson stated that 122 acres of farmland exists on
Hurlburt Road that abuts the Scantic River.
She said there is an interested party proposing to purchase and
subdivide the property. The Town of
Somers would like to take land instead of subdivision fees to create recreation
fields for the Town of Somers.
It
was the consensus of the Conservation Commission to recommend to the Planning
Commission their agreement with the open space proposal.
c. Other: None.
V. AUDIENCE
PARTICIPATION: None.
VI. STAFF/COMMISSION
REPORT:
David Askew submitted
a written report to the Commission and reviewed highlights.
MOVED (WOOD) SECONDED (FRARO) AND PASSED UNANIMOUSLY TO
ACCEPT DAVID ASKEW'S WETLANDS REPORT FOR MARCH 3, 2004 - TO BE ATTACHED TO THE
MARCH 3, 2004 MINUTES OF THE MEETING.
VII. CORRESPONDENCE
AND BILLS:
Patrice Carson stated to the commission that she was
planning to purchase new file cabinets and would like to use funds from the
three Land Use commissions. She asked
the commission to approve funding for 1/3 of the cost.
She also asked the commission for
their approval to purchase the book "What's Legally Required" for all
of the commission members.
MOVED (WOOD) SECONDED (FRARO) AND PASSED UNANIMOUSLY TO
APPROVE 1/3 THE COST ($200.00) FOR NEW FILING CABINETS AND TO PURCHASE 9 COPIES
OF THE BOOK "WHAT'S LEGALLY REQUIRED" FOR THE CONSERVATION COMMISSION
MEMBERS.
VIII. MINUTES
APPROVAL: February 4, 2004
MOVED (WALTON) SECONDED (WOOD) AND PASSED UNANIMOUSLY TO
APPROVE THE MINUTES OF FEBRUARY 4, 2004 AS AMENDED
IX. ADJOURNMENT:
MOVED (WOOD) SECONDED (WHITFORD) AND PASSED UNANIMOUSLY TO
ADJOURN THE MEETING AT 10:16 PM.
Respectfully
Submitted,
Janet
Bennett Lise
Wood
Recording
Secretary Commission
Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT
MEETING