P.O. Box 308
Somers, Connecticut
06071
July 7, 2004 – 7:00
p.m.
I.
PUBLIC HEARING:
Chairman Joan
Formeister called the public hearing to order at 7:00 p.m. Wetlands Agent David Askew read the
legal notice dated June 22, 2004.
a. Conservation Commission’s Proposed Amendments to the Entirety of the Inland Wetlands and Watercourses Regulations
David Askew
presented copies of the Inland Wetlands and Watercourses Regulations as amended
to Commission members, pointing out the various changes, many of which were
related to procedure and statutory changes.
He stated that
he had received correspondence from Town Attorney Carl Landolina and from the
Department of Environmental Protection in response to the proposed changes in
the regulations. The Town Attorney
had recommended three changes, one being the correction of a typo; the second,
that the definition of “farming” be the same as is used in the Zoning
Regulations; and the third, a change in the wording regarding the Commission’s
requirement of “more or less information” from applicants. Attorney Landolina suggested the removal
of the word “less” from that statement. The DEP letter simply stated that they
are no longer reviewing municipal regulations.
Mr. Askew then
went over the various proposed changes in detail, explaining the reason for
each. These changes included those
that the Town Attorney had proposed.
However, the definition of “farming” remains as is because the language
reflects the wording in the state statute and the term “agriculture” is defined
in the zoning regulations, not “farming”.
In addition, he recommended adding a definition of clearing limits
proposed by applicants, since the Commission had never had the opportunity to
see what an applicant intended to clear in the past. Also included was a definition of ‘conservation easement’, for
clarification purposes.
A statutory
change signed into effect June 4, 2004, was also included regarding the
Commission’s ability to deny an application based on
habitat.
Also included
was a change regarding the fee structure.
Mr. Askew
presented the opportunity for Commission members to ask questions and Don Smith
asked if it was necessary to have a public hearing with each change on the town
map. David Askew replied that no,
this was not the case in Somers, as it is impossible to re-do the map with each
change to the wetlands. The plans
presented by the individual applicants served the Commission’s needs
adequately.
There being no
comments from the public, a motion was made by Lise Wood, seconded by Don Smith
and unanimously approved to close the public hearing at 7:17
p.m.
II. CALL TO ORDER:
Chairman Joan
Formeister called the meeting to order at 7:18 p.m. Members present were: Joan Formeister, Dan Fraro, Donald
Smith, Todd Whitford, Lise Wood, Sarah Moynihan (who joined the table at 7:25),
seated for Karl Walton. Also
present: David Askew, Wetlands
Agent.
III. OLD BUSINESS:
a. Discussion/Possible Decision: Conservation Commission’s Proposed Amendments to the Entirety of the Inland Wetlands and Watercourses Regulations
A
motion was made by Don Smith, seconded by Lise Wood and unanimously
approved to accept the proposed
amendments to the entirety of the Inland Wetlands and Watercourses
Regulations.
b. Discussion/Decision: Wetlands Application #498, 5-Lot Subdivision, Bridle Path, Richard A. McCullough, Inc. Builders
Mike
Mocko, Environmental Consultant for the applicant, presented his final revisions
based on changes made according to the recommendations of Steve Jacobs, Merv
Strauss and David Askew. He
explained that Mr. Strauss had recommended the elimination of the detention
pond. Instead, he proposed
construction of a swale that will drain into the wetlands. Silt fences will be installed to protect
construction and drainage. The
swale will be lined with sod reinforcement which will last until the seeding is
firmly established and permanent.
Mr.
Smith asked for a review of the lot sizes, which Mr. Mocko gave as varying from
a low of about 2.2 acres to a high of approximately 58
acres.
Todd
Whitford asked who will actually own the improvements and be in charge of
maintaining them. Mr. Mocko said
that the Town will have easements which will enable them to maintain the
improvements. He added that the
sumps and catch basins will not have much sediment once the construction is
finished.
Don
Smith asked if the road sand will add much sediment and Mr. Mocko said that
would not be a problem if the roads and catch basins are adequately cleaned by
the Town.
Mr.
Smith also asked if there would be a stream on the 58 acre lot. Mr. Mocko stated that there would not
be. The stream begins outside of
the lot acreage.
Mr.
Smith also inquired as to the condition of the wells. He wondered if there might be a
pollution problem. Mr. Mocko said
that none of the wells in the nearby areas are polluted and there is no history
of well contamination in the area.
The sites are up-stream from the known
contamination.
David
Askew said that the applicant had done a good job with the passive storm water
planning and his only suggestion was to have the engineer or environmental
consultant supervise construction of the storm drainage system. He doesn’t expect the wetland to dry out
because of the nature of soils on the site. He also suggested that in areas where
wetlands were near homes, that the wetlands be permanently marked for
identification purposes. He
confirmed to Mr. Mocko that wetland tags on the trees are
permitted.
Dan
Fraro asked if the 6 inch pipes were good for drain pipes and David Askew said
they were. Mr. Mocko added that if
an emergency arises and they clog, there is a spillway
which
will handle the flow. There is no
potential for flooding on the properties.
A
motion was made by Lise Wood and seconded by Don Smith to approve Wetlands
Application #498, 5-lot subdivision, Bridle Path by Richard A. McCullough, Inc.
Builders, with the condition that the engineer or environmental consultant
supervise the construction of the drainage and that the wetland areas
approximate to the homes be permanently marked. All in favor.
c. Wetlands
Application #506, 10-Lot Subdivision in Upland Review Area, Extension of
Isabella Drive, KRL Builders
The
applicant stated that this is an extension to a subdivision approved
approximately 2 1/2 years ago and is located off of Turnpike Road. The application proposes catch basins
which will drain into the wetlands.
The area is flat with sand and gravel soils and provides optimum
conditions with very little sand discharge into the
wetlands.
David
Askew asked for a detailed map of the storm drainage system. The applicant said that Sandy
Aeschlimann had not yet had time to do one, but will be preparing one soon. The applicant also stated that there
would be no clearing necessary for this project, with the exception of a small
area for one home site. The site
used to be a corn field.
A
motion was made by Lise Wood and seconded by Don Smith to approve Wetlands
Application #506, 10-Lot subdivision in upland review area, extension of
Isabella Drive by KRL Builders, with the condition that the storm drainage
system be approved by David Askew.
All in favor.
d. Other
Joan Formeister asked who wrote the Storm Water Pollution Prevention Plan. Mr. Askew replied that it was written by an engineering firm selected by the Town.
IV. NEW BUSINESS:
a. Wetlands
Application #507, 4-Lot Subdivision in Upland Review Area, 47 Stafford Road,
Kane
William
Palmberg presented plans for a 4-lot subdivision just east of Springfield Road
which includes 4 areas of wetland – one large, three small. Mr. Palmberg stated there would be no
disturbance to the wetlands but work would be done within the 100 foot regulated
area.
David
Askew has been working on Lot #1 with the developer and engineers and said that
the effect on the wetlands is very small.
He requested that the applicant provide clearing limits on the plan and
asked to have flags on the boundaries of the wetland within the field during the
next week or so. In addition, the
larger wetland area, which is the most functioning on the site, needs to be
permanently marked in areas close to the proposed houses once final approval is
received.
b. Wetlands Application #508, Garage and Grading in Upland Review Area, 870 Main Street, Hewitt
Mr.
Hewitt provided a map showing his home and the proposed driveway and 3-car
garage. The lot is located on Route
190 (Main Street), near Gulf Road.
David
Askew said that the area has been graded and is currently in violation for not
obtaining a permit. The wetland area has been reflagged recently and shows the
wetland area to actually be much narrower than marked on a map in 1989. Essentially, the proposal is for
culverting a section of intermittent stream.
Todd
Whitford asked if the garage would be built over a culvert and what the grade
would be where the garage would sit.
Mr. Hewitt replied that it would be 23 feet from the culvert and would be
in a flat area.
Don
Smith asked if it would be better to have more pipe installed and was told by
Mr. Askew that it would not because more area would have to be
filled.
Discussion
moved to how Mr. Hewitt had begun certain parts of the preparatory work such as
constructing a plunge pool to slow the flow of the water. Todd Whitford surmised that the
groundwork for the project had already begun and stated that if the application
was denied Mr. Hewitt would probably have to restore the area. Both David Askew and Mr. Hewitt replied
that indeed some of the groundwork had been done.
David
Askew added that there would not be a loss of any valuable wetland area as a
result of the construction of the garage or driveway turn-around, as the wetland
simply conveys water down the slope.
Sarah
Moynihan asked if the water would still be able to flow along its natural course
once the project is complete and Mr. Hewitt said that it
would.
David
Askew suggested the following conditions:
first, that the applicant stabilize the existing cut and driving surface
because some erosion has already occurred; second, that additional stone be
added to the incised channel; and third, that no floor drain be constructed in
the garage. Mr. Askew also
encouraged Commission members to look at the lot prior to the next meeting. Mr. and Mrs. Hewitt both invited members
to stop by at their convenience.
V. AUDIENCE
PARTICIPATION:
There
was no audience participation.
VI.
STAFF/COMMISSION REPORT:
David
Askew presented his report, summarizing it briefly. He explained that restoration work had
been done on the Four Town Fairgrounds without contacting him or the consulting
wetland scientist. He met with
their Board of Directors and requested a letter explaining their restoration
plans prior to this meeting so that the Commission could review them. However, none had been
received.
Included
with the report was a copy of Mr. Askew’s memorandum to Patrice Carson, Town
Planner, dated June 3, 2004, regarding the erosion at Worthington Pond. Also included was a copy of a letter he
had written to Beverly Richards dated June 29, 2004, regarding her property at
292 Stafford Road and the selective clearing adjacent to Thrasher Brook. He recommended that Commission members
look over these items.
Mr.
Askew mentioned that he had also submitted a memorandum to the Planning
Commission regarding the revised 1-lot subdivision at the end of the cul-de-sac
on Eaglebrook Drive.
Don
Smith asked about the Trappe logging.
Mr. Askew said that it had been completed and he expects to visit and
walk the site next week.
A
motion was made by Lise Wood, seconded by Todd Whitford, and unanimously
approved that the Commission accept the report.
VI.
CORRESPONDENCE AND BILLS:
David
Askew presented a bill for $60.00 from CACIWC. A motion was made by Lise Wood, seconded
by Don Smith and unanimously approved to pay the bill.
There
was no correspondence.
VII. MINUTES
APPROVAL – (June 2, 2004 and June
16, 2004):
A
motion was made by Lise Wood, seconded by Todd Whitford, and unanimously
approved to accept the minutes for the June 2, 2004 meeting as
written.
A
motion was made by Lise Wood, seconded by Dan Fraro, and unanimously approved to
accept the June 16, 2004 special meeting minutes as
written.
VIII. ADJOURNMENT:
A
motion was made by Todd Whitford, seconded by Dan Fraro, and unanimously
approved by the Commission to adjourn the meeting at 8:55
p.m.
Respectfully submitted,
Lise Wood, Secretary
Robin Timmons, Recording Secretary