CONSERVATION MINUTES

May 5, 2004 – 7:00 p.m.

Town Hall

I. CALL TO ORDER:

Chairman, Joan Formeister, called the meeting to order at 7:00 p.m. Members present were: Joan Formeister, Dan Fraro, Todd Whitford, Lise Wood, August Helberg, seated for Karl Walton, Sarah Moynihan, seated for Donald Smith. Also present: David Askew, Wetlands Agent.

II. OLD BUSINESS:

a. Wetlands Application #497, New House in Upland Review Area, 120 Scully Road, Buck Builders LLC

The application has been withdrawn.

b. Wetlands Application #498, 5 Lot Subdivision, Bridle Path, Richard A. McCullough, Inc. Builders

Mike Mocko, Environmental Consultant for the applicant, said that they are working with staff and David Askew on planning issues for the subdivision. They have received comments from the staff and would like to take a few additional weeks since the work will involve taking surveys. Would like to table discussion on subdivision. David Askew asked that he present a letter requesting an additional 65 days. Mr. Mocko and Mr. McCoullough will bring in the letter.

There is an old agricultural ditch that runs through the wetlands. At one time, the ditch was meant to dry out the area for haying but now it is filled in. Water exits the ditch at different locations and now there are ruts filling up with water. A swale is needed to bring the water around the home sites and reestablish the drainage more effectively. The surveying efforts will give more definitive plans as to how to handle the surface water. Most of the wetlands will remain undisturbed.

Lise Wood asked how many lots in the subdivision and acreage. Mike Mocko said there are 5 lots, the smallest lot being 2 acres and the largest being 58 acres.

c. Wetlands application #499, Clearing, Excavation and Pond in Upland Review Area and Wetlands, 89 Partridge Run, Dan Roulier & Associates.

David Askew and Mike Mocko have field walked the pond site. David suggested that the pond be outletted to a different location. There is currently stream flow in the swale. By looking at it they found where the flow had been in the past and a way to relocate the route of the water to enhance its flow.

Lise Wood made a motion to approve the application. The motion was seconded by Dan Fraro and unanimously approved by the Commission.

d. Revisions to Wetlands Regulations.

David Askew presented the changes he has proposed in writing to the Commission for their review. He also stated that a public hearing must be held and the DEP must be notified 35 days prior to the hearing. Also the Town Attorney must review the changes. It was decided to set the hearing date for the regularly scheduled July meeting.

Discussion was held over the changes as David went over each of them with the Commission. About 90 percent of the changes were those required by the 2003 State Statues. Also, some of the changes were a “cleaning up” of the language so that the regulations would be clearer. Mr. Askew asked that after the Commission members read the changes more thoroughly, if members had any questions, to please bring them up with him.

Lise Wood expressed her gratitude to Dave for all the work he had put into the proposed changes.

III. NEW BUSINESS:

a. Wetlands Application #500, Barn in Upland Review Area, 53 Cricket Lane, Servantez.

The application was pulled and applicant’s money is to be refunded. He will move the barn outside of the upland review area.

b. Wetlands Application #501, Inground Pool and Associated Clearing in Upland Review Area, 45 Pheasant Run, Vaillancourt.

David Askew presented the plan and said that the applicant was going to clear cut, seed and grass the area surrounding the proposed in ground pool. The area didn’t warrant reflagging.

c. Wetlands Application #502, Garage in Upland Review Area, 527 Main Street, Bray.

David Askew said that the garage on this property exceeds the 500 square foot limit. He measured off the area from the wetland rather than having the applicant get it done.

d. Wetlands Application #503, Determination of Permitted Use of Right for Horse Barn in Upland Review Area, 17 Grant Drive Guckel.

No application was submitted and may come up next time.

e. Other:

Sarah Moynihan shared information from the Municipal Inland Wetland Commission Training Program. She found it interesting and enjoyable. She went to two seminars at Sessions Woods and brought her packet in order to provide copies to those who were interested in receiving them. The packet included a definition of the Inland Water Course Act, Motion to Approve and Motion to Deny Wordings, Inland Wetland Water Review and Check List, How to Read a Site Plan Packet, Laws as Presented by the Attorney General’s Office, an Introduction to Connecticut Inlands and Wetlands Water Courses Act, among other items. Several in attendance were interested in receiving copies of many of these items. David Askew asked to borrow the packet and copies of the information would be provided for the Commission Members.

Joan Formeister asked when the next session would be and Sarah said it would be in June.

Dan Fraro presented the project prepared by the Water Study Committee in response to the First Selectman’s request that something be drawn up and presented to the Town about protecting the aquifer. The committee had worked on the project for a year and had created a booklet as well as a letter to be given to residents. However, the Selectmen chose not to spend the money on postage for all the residents and instead have decided to present the letter and packet to new residents.

The Committee also created a list of recommendations to elected officials and various boards of the Town. Mr. Fraro gave copies of the list, the letter and the booklet entitled, “Clean Water and Your Health”, to the Commission members for their review. He brought to the Commission’s attention the suggestion of a Water Protection Permit which would need to be obtained by residents before a building permit would be issued for anything other than one-family houses, as well as the need to inspect new and existing commercial businesses at random. He mentioned that Steve Jacobs does some inspections now but doesn’t hit all the businesses.

Sarah Moynihan asked if these recommendations were currently being implemented in other towns and if we could check with those towns as to their effectiveness. David Askew said that generally, no, these were not done in other towns.

It was also asked what recourse does the Town have to make sure that these changes were enforced if they were brought into effect. Also, would they be implemented retroactively to those buildings that were built in the past without having to adhere to the requirements initially. David Askew responded that these have not gone before the Town Attorney as yet, so this would be something that he could be asked. Also, some of these things are already regulated at the state level.

IV. AUDIENCE PARTICIPATION:

Three Somers High School Social Studies students were in attendance and Joan Formeister signed proof of their attendance for them.

V. STAFF/COMMISSION REPORT:

David Askew reviewed his Wetland Agent’s Report with the Commission. Lise Wood moved to accept the report. This motion was seconded by Dan Fraro and the Commission unanimously approved the report.

VI. CORRESPONDENCE AND BILLS:

David Askew presented a letter received from George Grant of the Northern Connecticut Land Trust saying that they agreed to purchase an 18 acre parcel at the end of Scully Road and would like a letter of support from the Commission. Joan Formeister said that she would be willing to write the letter. She will also write a letter about the ordinances to the Selectmen so as to remind them to put it up for a public hearing.

Mr. Askew also presented a notice that the budget had been approved. The Selectmen had reduced it by $450.00: $100.00 in clerical; $150.00 in advertising; and $200.00 in other.

Joan Formeister brought up the high school plantings in the courtyard. This was cut from budget. The bids didn’t come in as low as we needed. Nothing definite can be decided at this meeting, but she is hoping for the June meeting. We have projects money and if it is not spent, it will be cut from the budget next year. She is hoping we can use the funds to order the plants now, get them next March, and have the students do the planting at that time.

David Askew also presented correspondence regarding the DEP renewing a permit for changes on Route 190 and Gulf Road.

He then presented notice that the Commission is being sued regarding a decision made about a curtain drain on Eaglebrook Drive.

There were no bills presented.

VII. MINUTES APPROVAL:

Lise Wood made a motion to approve the April 7, 2004 minutes as written. The motion was seconded by Dan Fraro and unanimously approved by the Commission.

VIII. ADJOURNMENT:

Motion to adjourn made by Lise Wood. The motion was seconded by Todd Whitford and unanimously approved by the Commission. The meeting adjourned at 8:45 p.m.

Respectfully submitted,

Lise Wood, Secretary

Robin Timmons, Recording Secretary

MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT SUBSEQUENT MEETING.