SOMERS,
CT 06071
Wednesday,
June 7, 2006
Town
Hall 7:00
p.m.
Acting
Chairman Karl Walton called the meeting to order at 7:05 p.m. Members Candace Aleks, Henry Broer, Joan
Formeister, Dan Fraro, Karl Walton, Todd Whitford, Lise Wood and Alternate
Member Daniel Fraro (seated for Joan Formeister) were present and constituted a
quorum. Wetlands Officer David
Askew was also present.
II.
OLD
BUSINESS
a.
Discussion/Possible Decision:
Wetlands Application #542, New House in Upland Review Area, 126 Florida
Road, Leno
Ric
Leno presented plans for the site, noting that because the site is very tight,
restrictions have been set on the placement and size of the septic system. Most of the wetland is forested. All alternate positions for the home
have been considered.
Mr.
Whitford suggested that the Commission place an access easement on the property
to ensure that the wetland markers are protected. Discussion followed about enforcement
options which the Commission has regarding applications and whether or not
access easements might be an option for the future.
A
consensus was reached that Mr. Leno be required to monument the wetland boundary
with permanent markers on the trees or on 4 x 4 posts.
Mr.
Askew suggested that as a condition of approval, silt fence be placed along the
clearing line prior to any clearing or construction.
A
motion was made by Todd Whitford, seconded by Lise Wood and unanimously voted to
approve Leno’s Wetland Application #542 for a new house at 126 Florida Road with
the conditions that silt fence be placed along the clearing line prior to
clearing and construction, and that the wetlands be permanently delineated with
markers on trees or posts.
b.
Discussion/Possible Decision:
Wetlands Application #543, 14-Lot Subdivision with Water Quality Basin in
Wetland, Hall Hill Road & McCullough Drive,
Leaska
Guy
Hesketh from Hesketh Associates presented plans for the subdivision. He explained that reports have been
submitted from the soil scientist for review by staff and the applicant is
seeking approval for putting in a subdivision, including a detention basin
within the upland review area and within a small isolated wetland. He has received a letter from Steve
Jacobs requesting modifications with the location of the homes on the sites in
order to accommodate septic systems.
Mr.
Askew noted that he determined that the two isolated wetlands are not vernal
pools. He suggested that the
wetlands be monumented and a pre-construction meeting be held. He also asked about the discharge of the
storm water from the basin particularly during over-flow conditions and its
impact on the receiving wetland.
Mr.
Hesketh explained that the water overflow will collect in the detention basin
which will fill to a maximum depth of 5 feet. During normal flows the basin will
discharge through an outlet pipe, through an easement on the adjacent property,
to the drainage system on George Wood Road. Only during the 100-year flood will the
basin discharge into the wetland.
Mr.
Askew explained that he has suggested an easement on the plans and expects that
the Planning Commission will require this.
He also noted that the location of the storm basins is close to the house
and suggested that Mr. Hesketh change this on the plans.
A
motion was made by Todd Whitford, seconded by Lise Wood and unanimously voted to
approve Leaska’s Wetland Application #543 for a 14-lot subdivision with the
conditions that permanent monumentation be made of the non-disturbed wetland and
a pre-construction meeting be held.
c.
Discussion/Possible Decision:
Wetlands Application #544, Culvert Replacement & Extension for
Existing Driveway Construction, 55 Scully Road,
Wendlandt
Mr.
Askew presented plans for the applicant noting that it is an existing driveway
crossing on lower Scully Road which was damaged during flooding. He requested that the applicant get a
permit because the culvert is being extended. A plunge pool with rip rap will be
constructed. He recommended that
the work be done during low-flow conditions.
A
motion was made by Lise Wood, seconded by Candace Aleks and unanimously voted to
approve Wendlandt’s Wetland Application #544 for culvert replacement and
extension for existing driveway construction at 55 Scully Road with the
condition that the work be done during low-flow
conditions.
d.
Discussion/Possible Decision:
Wetlands Application #545, New House with Wetland Fill & Activity in
Upland Review Area, 54 (aka 86) Horseshoe Lane,
Granger
Mr.
Mocko presented the plans for the existing 4-acre lot at the end of Horseshoe
Lane. He explained that there is a
small low-lying man-made wetland that collects surface water. He is proposing taking gravely soil and
filling this wetland. A silt fence
will be installed to protect an adjacent pond during the filling
activity.
Once
the grading is complete, there will be a buildable area of approximately 1-1/2
acres. A buffer of approximately 30
feet will be maintained between the filling and the pond.
Mr.
Askew had no issues with the application and a motion was made by Lise Wood,
seconded by Todd Whitford and unanimously voted to approve Granger’s Wetland
Application #545 for a new house with wetland fill & activity in an upland
review area at 54 (aka 86) Horseshoe Lane.
At
this time, Henry Broer and Lise Wood recused themselves.
e.
Discussion/Possible Decision:
Modification of Wetlands Application #524: Wetland Filling, 164 Hampden Road,
Grower Direct
David
Askew distributed copies of the DEP Notice of Violation dated May 18, 2006, and
directed the Commissioners’ attention to the requirements the state is
making. Mr. VanWingerden has been
directed to get control of Grower Direct’s discharges by the State within the
next 30 days. How the discharges
are addressed by the DEP may affect the current proposal to fill approximately
14, 000 square feet of wetland to construct a stormwater quality basin. The permit is partially after-the-fact,
as the wetland has already been filled.
Mr.
Askew also presented photos taken at the site and at Mr. Bealey’s pond today
about noon, noting that there is a large amount of sediment and a very active
pollution problem which needs to be addressed. Concern was expressed that the situation
requires immediate attention rather than waiting until the state’s time limit
expires.
Environmental
Consultant Mike Mocko presented plans on behalf of Mr. Van Wingerden and
suggested that the application for permit modification is for a storm water
treatment which can begin to solve the problem once approval is received. He is proposing detention/water quality
swale at the outlet of the existing 24” pipe. The swale should help clear up the
immediate overflow issues. He
explained that he has been monitoring the site and knows that there is work to
be done on the drains, which can be done once approval is received. He added that the immediate problems
have been caused by the very heavy rains and that if the Town approves the
current application, he believes that it will be in accordance with what the
state will require.
Mr.
Mocko has asked that Mr. Van Wingerden install a stone berm around the catch
basin with filter fabric, crystals, and stone mulch. These items can be done within 2
days.
Discussion
followed about the positioning of the road. Mr. Mocko noted that he believes the
road is in its final position and that sand fill has been placed on the road to
stabilize it. The sand fill should
be replaced by gravel.
Concern
was expressed that the applicant does not have a history of complying with the
Town’s requests and that based upon this history, it is difficult to be sure
that he would do any of the work that the Commission requires even under Mr.
Mocko’s and Mr. Askew’s supervision.
Property owners need to be required to take responsibility for what
happens on their land, particularly when it impacts
neighbors.
A
suggestion was made and a consensus was reached that the should approval be
given and Mr. Van Wingerden not comply with the requirements set out by the
Commission, that the Town Attorney will be consulted for potential legal action
against the applicant.
A
motion was made by Dan Fraro and seconded by Daniel Fraro to approve Grower
Direct’s modification of Wetlands Application #524 for wetland filling with the
following conditions: 1) That the
current catch basins and check dams be stabilized by putting in a permeable
fabric to protect the area and that flocculent crystals are needed on unstable
soils within two days of this meeting;
2) That the accumulated sediment along the driveway road and within the
wetland is to be removed within a week of this meeting. Mr. Askew is to be notified once this
work is complete so that it can be inspected prior to June 21, 2006. 3) The wetland area is to be delineated
with concrete monuments along the south side of the access road and plans are to
be submitted showing where the monuments are. The delineation of the wetland area is
to be staked and approved by David Askew prior to the July Conservation
Commission Meeting. 4) All work is
to be completed prior to the August meeting. The motion was approved by a vote of 3
in favor (Fraro, Fraro, Aleks), 1 opposed (Whitford), and 0
abstentions.
Lise
Wood and Henry Broer returned to the meeting at this time.
f.
Other
- No other Old Business was presented.
A
motion was made by Henry Broer, seconded by Todd Whitford and unanimously voted
to combine Items a and e of the agenda.
a.
Wetlands Application #547, Install Dry Hydrant in Mill Pond, 63 School
Street, Town of Somers
e.
Wetlands Application #551, Install Dry Hydrant in Pond, 137 Mountain View
Road, Town of Somers
Fire
Chief Frank Falcone presented diagrams for each application and explained that
the Somersville Mill is very large and would require an estimated 19,000 gallons
per minute should an emergency fire situation arise. Currently the capacity of the department
would be 1,000 gallons per minute.
The Fire Department has applied for 2 state grants for a dry hydrant in
the mill pond and a dry hydrant on Mountain View Road.
The
application for the Mountain View Road dry hydrant includes installation just
below Miller Drive, near LaCabana Road.
Mr.
Askew noted that he has no issues with either application.
Mr.
Falcone requested that a special meeting be held to address these applications,
and the Commission determined that if a quorum could be met, a special meeting
will be scheduled for June 21, 2006.
A
motion was made by Candy Aleks, seconded by Daniel Fraro and unanimously voted
to add the following item to the agenda:
g.
Other: Wetlands Application
#546, 23 Eleanor Road for Watercourse Crossing and Activity in the Upland Review
Area, Eleanor Road, LLC
Becky
Meyer from Design Professionals, Inc. presented the application for currently
undeveloped property containing approximately 27.2% wetlands situated on the
north side of Main Street between Bailey Lane and Wells Road. The applicant is seeking to construct a
driveway crossing of a stream to access lots #2 and to grade in the upland
review area associated with lots #1 and #2. The applicant intends to have 3 lots, 2
of which would be residential.
There are no plans currently for the third lot.
Ms.
Meyer explained that there would be approximately 280 square feet of wetland
disturbance, with 3 acres of disturbance in the upland review area. An intermittent watercourse runs through
the site.
Silt
fences would be installed for erosion control during any construction and the
applicant is proposing anti-tracking pads for the driveways. There will be no shared
driveways.
Mr.
Fraro noted that the plans as designed would leave lot 3 land-locked with the
exception of a very narrow corridor for access. The question arose as to whether
alternatives to the crossing might be explored. Ms. Meyer explained that alternative lot
plans had been considered, but they would require a variance and a shared
driveway. The site was designed
with the thought that the area on Lot 3 located on the other side of the wetland
would not considered for future construction, so access would probably not be an
issue. Mr. Askew recommended that
future plans for lot #3 be presented in writing as part of this application to
assure that there is not a conflict with the proposed plan for the wetland
crossing and that a future crossing for lot 3 is not proposed once the first
crossing is constructed. Ms. Meyer
also noted that the applicant is considering the possibility of age-restricted
housing being placed on the parcels, at the end of the existing
road.
b.
Wetlands Application #548, Addition to Home in Upland Review Area, 57
Collins Road, Celotto
The
applicant is proposing an addition to his home which is currently within the
regulated area. The addition will
infringe upon the 100-foot buffer zone by 8 feet on one area. Mr. Askew has no issues with this
application.
c.
Wetlands Application #549, Addition in Upland Review Area; Grading &
Pond in Wetlands, 236 Watchaug Road, Loupe
Mr.
Askew presented plans for the applicant, noting that the property is adjacent to
Pell Farms, just north of King Road and most of the lot is wetland. The applicant is excavating the
foundation and rebuilding a garage and would like to add fill in the existing
lawn area to create a functioning lawn area. Grading plans include the creation of a
pond near Watchaug Road. Half of
the lawn area will be graded to drain to the pond, the other half will drain
toward the rear of the property.
Grading will not extend to the rear property line, so water will be
contained within the existing property.
No off site impacts are expected.
Mr.
Askew commented that all of the activity is within previously disturbed wetlands
and proposed application presents an improvement for the site and he has no
issues with the application.
d.
Wetlands Application #550, Grading in Wetland & Barn in upland Review
Area, 122 Hampden Road, Forest
Mr.
Forest presented plans for re-grading his property. The wetlands have been flagged and it is
his intention to drain the wetland area by installing a pipe which will carry
the water into a pond on a property at 130 Hampden Road. The proposal also includes a barn within
the upland review area.
Mr.
Askew noted that the applicant would need to substantiate permission for access
from the neighbors in writing and all activities would need to be specifically
designated on the plans.
There
was no discussion on this item.
Mr.
Askew presented the Wetland Agent’s Report. He explained the activity at the
Partridge Run subdivision and noted that it was activity which occurred as an
emergency storm repair. He has
inspected the site and sought the Commissions concurrence that sediment could be
removed form the stream without a permit.
Mike Mocko, who will be working on the project, has been asked to stake
out boundaries prior to work being completed.
A
motion was made by Lise Wood, seconded by Dan Fraro and unanimously voted to
accept the Wetland Agent’s Report.
Mr.
Askew also presented for the Commissioners’ review copies of a recent Superior
Court decision regarding Toll Brothers, Inc. vs. Bethel Inland Wetland
Commission.
None
were presented. It was the
consensus of the Commission to approve giving authority to Chairman Joan
Formeister to pay any bills which may be presented before the end of the budget
year.
VIII.
MINUTES APPROVAL
A
motion was made by Dan Fraro, seconded by Lise Wood and unanimously voted to
approve the minutes of the May 3, 2006 Commission Meeting as
written.
A
motion was made by Lise Wood, seconded by Dan Fraro and unanimously voted to
adjourn the June 7, 2006 Conservation Commission meeting at 9:35
p.m.
Respectfully
submitted,
Lise
Wood, Secretary
Robin Timmons, Recording Secretary
MINUTES
ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.