SOMERS,
CT 06071
Wednesday,
July 12, 2006
Town
Hall 7:00
p.m.
Chairman
Joan Formeister called the regular meeting to order at 7:03 p.m. Members Candace Aleks, Henry Broer, Dan
Fraro, and Alternate Member Daniel Fraro (seated for Karl Walton) were present
and constituted a quorum. Wetlands
Agent (In-training) Erik Bedan was also present.
A
motion was made by Candace Aleks, seconded by Henry Broer and unanimously voted
to add the following items to the agenda:
under Old Business:
b. Discussion: Compliance With Wetlands Application
#524 Conditions of Approval, 164 Hampden Road, Grower Direct Farms and
under New Business:
f. Wetlands Application #557, Wetland
Filling, 95 Franklin Woods, Socha.
II.
OLD BUSINESS
a.
Discussion/Possible Decision:
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. explained that the application has changed
because they have met with the Zoning Board of Appeals and have received
approval for the driveway within 10 feet of the property line. This will prevent a need for a
watercourse crossing as originally proposed.
There
will still be disturbance in the upland review area during construction of the
septic system, and she reviewed these plans with the Commission. Erik Bedan reported that David Askew has
seen the modified plans and has no concerns.
A
motion was made by Dan Fraro, seconded by Candace Aleks and unanimously voted to
approve Eleanor Road, LLC’s Wetlands Application #546 at 23 Eleanor Road for
activity in the upland review area.
b.
Other
-
It was the consensus of the Commission to discuss the added agenda item for
Grower Direct Farms later in the meeting.
III. NEW
BUSINESS
a.
Wetlands Application #552, Rip Rap in Stream for Stream Stabilization,
163 George Wood Road, Fogarty
Mr.
Bedan presented plans for the applicant noting that there is a section of the
stream bank that has eroded away and needs minor repair which can be done with
the use of rip rap. The applicant
has not been required to consult with an engineer as required under the 2002
Connecticut Guidelines for Soil Erosion and Sediment Control. The Agent and Commission have been
working with a number of homeowners with in-stream erosion, some of which
resulted from last October’s flooding.
Permitting requirements have been modified in some instances to
facilitate protection of property.
Mr. Bedan noted that Mr. Askew has no concerns with the
application.
b.
Wetlands Application #553, New House Within Upland Review Area, 70 Scully
Road, White
Mr.
Bedan explained that the applicant is proposing the construction of a
single-family home on the site. The
wetlands have been flagged by a soil scientist. The site is difficult because wetlands
are spread out and surface runoff is significant. Drainage will be a concern for the
future homeowners. Curtain drains
may be necessary behind the home and permanent delineation of the wetland area
is recommended.
Discussion
followed about plan and the lot boundaries. It was noted that these will need to be
clarified at the next meeting.
c.
Wetlands Application #554, 3-Lot Subdivision in Upland Review Area, Wells
& Mountain View Road, Town of Somers
Mr.
Bedan presented plans for the subdivision, noting that drainage will not be a
concern if the homes are built on the footprints as presented. Because it is an application for a
subdivision, there is a need for approval by the Conservation Commission. The Commission requested updated plans
because the current plans indicated more than 3 lots in the subdivision. David Askew has not identified any
issues with the project.
Mr.
Bedan explained that the applicant is seeking to improve drainage on the site by
installing a culvert. The project
is related to agricultural and the NRCS will be doing the engineering work. An existing culvert crosses beneath the
town road and discharges stormwater onto farm fields. The proposed plan will carry the
stormwater through a culvert beneath the fields to drain into a swale and then a
wetland or watercourse. Once the
wetlands are flagged, a more formal plan will be presented to the Commission for
review.
It was noted that in 1997 a
wetlands permit was granted for this site, but it has now expired. The applicant is now reapplying and
seeking to construct a driveway and culvert. 1,700 square feet of wetlands will be
disturbed in order to construct the driveway.
Mr.
Askew is recommending that the wetland line be marked in the field prior to
construction since there are no longer any flags or other feature to define the
edge of the wetland.
f.
Wetlands Application # 557, Wetland Filling, 95 Franklin Woods,
Socha
Because
the application was submitted at the meeting, the official receipt date by
statute would be 35 days from the day after this meeting, or August
17. Robert Socha presented plans for work he
would like to do on his 2-acre home site containing a single-family home. He has had a soil scientist flag the
wetland area on his property, which has developed since the home has been built
on the site. He would like to
remove a portion of vegetation on the slope, add fill within a section of
wetlands and increase his lawn, while maintaining wetlands up to the
alders.
Mr.
Bedan explained that with the development in the area, the parcel has become
wetter as evidence by the vegetation.
He explained there is no significant concern for wetland habitat. However, the wetland functions to store
stormwater and there is a drainage issue which needs to be considered. Of site impacts including increased
stormwater discharge and erosion are likely. In addition, there is currently soil
erosion evident within the alder grove downslope of the area proposed for
filling. Mr. Askew has suggested
that a swale be incorporated into the design which will tie into the curtain
drain at the base of the driveway.
Discussion
followed and a consensus was reached that Mrs. Formeister will contact David to
see if a walk of the property could be arranged. Mr. Socha was agreeable to
this.
James
Bealey, 88 Hampden Road,
presented photos of the pond on his property. At this time, the pond is completely
white and he is concerned. He said
that he has been in contact with David Askew about sedimentation in the pond in
the past, but Mr. Bealey is looking for a remedy to the situation. He explained that he has 4 brooks on his
property and they are a mess as a result of the activities at Grower Direct
Farms.
Mr.
Bedan and Mrs. Formeister explained that the DEP has visited the site and that
the Commission is well aware of the activities taking place on the site. They explained to Mr. Bealey some of the
requests for compliance the Town has made to Grower Direct
Farms.
II.
OLD BUSINESS
b. Discussion: Compliance With Wetlands Application
#524 Conditions of Approval, 164 Hampden Road, Grower Direct Farms
At
this time, Environmental Engineer Michael Mocko joined the meeting and spoke on
behalf of Leonard Van Wingerden.
The CT DEP Stormwater Division and Inlands Wetlands Division have
inspected the property and have written a notice violation addressing stormwater
and other issues. Mr. Mocko has
suggested a timetable for meeting the state’s demands and has responded to them
in writing.
The
main goal is to address the water discharges from the greenhouse. The floor drains have been sealed with
concrete and a water monitor has been placed on the well to determine ground
water consumption. The driveway has
been paved as requested, with a section on the apron which will be paved with
concrete to help with truck traffic.
Mr.
Mocko added that with respect to the town’s requests, he has placed check dams, flocculent crystals and new hay bales to help
with erosion at the curtain house.
In addition, the wetland edges have been staked and once Mr. Askew has
reviewed them, permanent markers can be placed on the
wetlands.
Mr.
Bedan noted that he inspected the stakes today and will discuss their placement
with Mr. Askew.
When
asked about the white runoff in Mr. Bealey’s pond from the discussion earlier,
Mr. Mocko explained that this is from liquid shade, which a non-toxic substance
placed on the windows for shade.
Mr. Van Wingerden has assured him that he will no longer be using this
substance, but will now use only shade netting.
Discussion
followed about the sediment in the water which
continues. Mr. Mocko said it comes
from the construction practices on the site. Mr. Bedan noted that the rain has made
the issue more noticeable, but the sedimentation is a problem because control
measures are insufficient. Mr.
Mocko explained that the driveway paving and the construction of the
infiltration system along the retaining wall will help. Currently the infiltration system is
halfway installed.
Mr.
Bedan noted a mitigation plan is expected by July 30th for the flood
pond. Mr. Bedan explained that Mr.
Askew recommends that a deadline be set for two weeks from today to have all of
the wetland monuments installed and unauthorized fill removed. Additionally, if work is incomplete in 2
weeks, a special meeting may be called to address the issue as a violation. A motion was made by Dan Fraro, seconded
by Daniel Fraro and unanimously voted that the monuments to be installed and the
excess fill is to be removed by 26, 2006 at which time approval is to be sought
by David Askew and, if received, the work on the swale may
begin.
Mr.
Mocko requested that two new applications be added to the agenda and a motion
was made by Daniel Fraro, seconded by Candace Aleks and unanimously voted to add
the following two items to the agenda under New Business. Because these applications were
submitted at the meeting, the official receipt date by statute would be 35 days
from the day after this meeting, or August 17.
III. NEW
BUSINESS
Mr.
Mocko presented plans for a new home that is to be situated on 42 acres of the Bridal Path Subdivision. Richard McCullough has acquired
additional road frontage on White Oak and he has received a variance from the
Zoning Board of Appeals contingent upon getting wetland approval. The applicant will need to cross the
wetland area to reach the upland area where the home will be constructed. This will involve constructing a
driveway to reach the upland area.
4,200 square feet of wetland area will be filled and one/half the length
of the driveway will go through the wetland. The width of the driveway itself will be
12 feet, and with shoulders it will measure 16 feet.
A constructed wetland
area is proposed in the upland buffer zone as mitigation for filled
wetlands. Plans include lowering
the grade and adding the wetland soils to create a shallow vegetated pond,
approximately 40 feet by 60 feet.
h.
Wetlands Application #559, Remove Sediment From Pond/Stream & Provide
Bank Stabilization, 9 Somerset Lane/392 Turnpike Road & 5 Somerset Lane,
Driscoll and Gibbs
Mr.
Mocko explained that a pond located across the two parcels was filled in during
the October 2005 storm. There is a
sand bar that extends where the pond used to be. He is proposing dredging the pond and
re-vegetating the area. Rip rap
will be used to protect the area outside of the banks. Forebays in
the pond will be included to allow for regular dredging of
sedimentation.
Mr.
Fraro asked if a sediment pond had been considered and Mr. Mocko explained that
if the town is careful to remove road sands in this area on an annual, priority
basis, then the sediment pond should not be necessary.
There
was no discussion on this item.
Mr.
Bedan presented David Askew’s Wetland Agents Report for the Commissioners to
review. After brief discussion, a
motion was made by Henry Broer, seconded by Candace Aleks and unanimously voted
to accept the report as written.
The
agreement between the North Central Conservation District and the Town of Somers
was presented and signed by Mrs. Formeister.
Copies
of the spring issue of The Habitat and The Connecticut Federation of Planning
And Zoning Agencies Quarterly Newsletter were distributed to the
Commissioners.
A
motion was made by Dan Fraro, seconded by Henry Broer and unanimously voted to
pay the CACIWC dues.
A
motion was made by Dan Fraro, seconded by Henry Broer and unanimously voted to
approve the minutes of the June 7, 2006 meeting as
written.
A
motion was made by Candace Aleks, seconded by Daniel Fraro and unanimously voted
to approve the minutes of the June 21, 2006 meeting as
written.
A
motion was made by Dan Fraro, seconded by Henry Broer and unanimously voted to
adjourn the July 13, 2006 Conservation Commission meeting at 10:00
p.m.
Respectfully
submitted,
Lise
Wood, Secretary
Robin Timmons, Recording Secretary
MINUTES
ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT
MEETING.