SOMERS,
CT 06071
Wednesday,
October 4, 2006 – 7:00 p.m.
Chairman
Joan Formeister called the regular meeting to order at 7:03 p.m. Members Candace Aleks, Henry Broer, Joan
Formeister, Dan Fraro, Karl Walton and Alternate Member Daniel Fraro were
present and constituted a quorum.
Wetlands Agent David Askew was also present.
II. OLD
BUSINESS
a. Discussion/Possible Decision: Wetlands Application #557, Proposed
Wetland Filling for Lawn, 95 Franklin Woods Road, Socha
Mr.
Askew distributed copies of 2 memos received from Timothy Coon, P.E. from J.R.
Russo & Associates regarding his analysis of the Socha property. During Mr. Coon’s inspection of the
area, Mr. Socha explained where the 280 square foot storage area is located as
well as what area he was seeking to fill.
Mr. Socha is not seeking to fill in any portion of the storage area. Given this information, Mr. Askew is
satisfied that enough information has been gathered on the application to make a
decision. If the application is approved, he requests that the area to be filled
is taped off and that he have an on-site pre-construction meeting with the
applicant to be certain that the storage area is not filled. In addition, the base of the slope is to
be protected with a silt fence for erosion control.
Mr.
Whitford requested clarification as to whether or not any wetland areas are to
be filled. The plans show some of wetlands outside of the storage area are to be
filled.
Mrs.
Formeister noted that generally the Commission does not approve the filling of
wetlands to increase a lawn area.
Mr.
Askew stated that the wetlands in this case are created wetlands caused over the
last 10 years by a combination of the road design and the fill slope from the
house. The biggest function of the
wetland is currently for water storage, and there is no significant wildlife
habitat to be disturbed. Discussion
followed and it was noted that Mr. Coon’s September 26, 2006 memo explained that
the proposed changes should not cause a significant change in the amount of
water that will run into the collection area.
A
motion was made by Henry Broer and seconded by Karl Walton to approve the
application with the condition that Mr. Askew have a pre-construction meeting
with Mr. Socha at the site, that the area to be filled is to be taped off, that
the base of the slope is to be protected with a silt fence, and that the area,
once seeded, is to be covered with hay mulch. The motion carried with a vote of 5 to 1
(opposed:
Whitford).
b. Wetlands Application #558, Driveway
Crossing Wetlands for Single Family Residence, 99 White Oak Road, Richard A.
McCullough, Inc. Builders – Reschedule Public
Hearing
Mr.
McCullough presented a letter requesting a time extension. A motion was made by Karl Walton,
seconded by Lise Wood and unanimously approved to reschedule the public hearing
on the application for November 1, 2006.
c. Discussion/Possible Decision: Wetlands Application #559, Dredging of
Pond and Stream Inlet and Stream Bank Stabilization, 9 Somerset Lane/392
Turnpike Road and 5 Somerset Lane, Driscoll and
Gibbs
Environmental
Engineer Mike Mocko stated that no further action has been taken on this
application and it is to be put off until next year. He will submit a request for an
extension in writing. The item will
be tabled until a future meeting.
A
motion was made by Karl Walton, seconded by Lise Wood and unanimously approved
to address item d. Other
after New
Business.
III. NEW
BUSINESS
a. Modification of Wetlands Application
#528, 23-Lot Subdivision in Upland Review Area, Battle Street and Bailey Lane,
KRL Builders
Ric
Leno, KRL Builders, presented the original plans and explained that a memo was
received by his surveyor stating that the current plan did not meet regulations
because there was only one lot prior to the future Bailey Lane and the Town
requires a minimum of 2 lots of frontage prior to the turn onto a road. However,
the memo was not addressed and the plans have not yet been changed. Once changes to the plans are made, the
subdivision will consist of 23 lots rather than 24 lots.
Mr.
Askew presented another copy of the original plan, noting that the house
involved is shown within 50 feet of the wetland. For purposes of clarification, Mr. Askew
had marked on the plan the proposed changes for the Commissioners to
review. One corner of the house is
nearer to the wetland by 10 to 15 feet.
There will be no impact to the wetland. David Askew has asked that the area be
staked out so that he can look at them.
Mr.
Whitford asked if there would be a disturbance to the wetlands during
construction of the road. Mr. Leno
stated that there would be none.
Discussion
followed about whether or not it had been decided to permanently delineate
wetland borders on two or more of the lots. Mr. Askew noted the need to address
this issue and stated that this should be done and noted on the new plans. Mr. Askew also requested that there be
an erosion control bond.
b. Wetlands Application #562, New House in
Hall Hill Estates Subdivision (Lot 18 Tabb Property) in Upland Review Area, 32
Applewood Drive, Dan Roulier & Associates,
Inc.
Mike
Mocko spoke for the applicant. The
applications are for lots in Hall Hill Estates that were approved in 1998 but
have since expired. Mr. Askew
explained that the applicant has been allowed to start to cut in 100 feet
entrances. Everything is outside of
the upland review area. The
applicant would like to further cut in the driveways up to approximately 65 feet
as originally approved. David Askew
has checked the area and there is a wetland on the site that currently drains
into the road.
Mr.
Askew noted that he has no outstanding issues or concerns about the
application.
c. Wetlands Application #563, New Houses in
Hall Hill Estates Subdivision (Lots 10 & 14) in Upland Review Area, 67 &
93 Brittany Lane, Dan Roulier &
Associates, Inc.
Mr.
Mocko presented plans showing the lots.
Discussion followed that there was only one application submitted for the
lots and the applicant was asked to present separate fees and separate
application forms at the next meeting.
Lot
14 has already been sold and Lot 10 has been recreated to match the original
plan as approved as part of the original subdivision application. There is a silt fence and a 100- foot
buffer zone.
Discussion followed about a
clearing limit. Mr. Mocko explained
that the clearing limit is up to the silt fence shown on the plan which will
serve as erosion control. At the
closest point it is 50 feet and at the furthest point it is 90 feet from the
wetlands. The 100 foot buffer zone
is also shown on the plan. There is
also an open space easement shown on the map, as well as the 100-year flood
line.
Mr.
Askew noted that he has no issues with the application.
d.
Other
– There was
no other New Business.
II. OLD BUSINESS Item d. Other
Lise Wood recused herself at
this time.
Mrs. Formeister referred to
the August 2, 2006 Conservation Commission Minutes in which it is stated that at
the December 2005 Meeting it was stipulated Grower Direct was to submit a
mitigation plan by July 30, 2006 and we had not yet received one. To date, we still don’t have one. Mr. Mocko spoke in behalf of the
applicant stating that he doesn’t believe such work should be undertaken until
the current condition of the site is repaired.
Mr.
Askew presented updated photos of the site and a letter of complaint received
from Mr. Bealey. Mrs. Formeister
sent a letter to Mr. VanWingerden pointing out the situation and she and Mr.
Askew met with him. Copies of the
letter were distributed to Commission members for review.
Mr.
Mocko explained that the disturbance occurred when Herb Holden placed a large
stockpile of erodeable materials from the gravel pit on the edge of the roadway
prior to the heavy rain on Sunday.
The rain led to eroision that caused sediment to discharge into the
neighbor’s pond. Mr. Mocko has
prepared emergency repair plans to be given to Mr. VanWingerden who will pass
them to Mr. Holden.
Discussion followed about
all the erosion control measures put in place in the past and the fact that they
have not been taken care of or properly maintained. It was noted also that the landowner is
ultimately responsible for all activities on the property and that Herb Holden
cannot be made liable for what happened even if his actions led to the
difficulty.
It
was recommended that the Zoning Commission should become involved now because
the gravel pit is not being operated correctly. The hours of operation are not within
regulation in addition to this violation.
Discussion followed about
additional steps the Conservation Commission could take to respond to the
situation. It was suggested that
the applicant be fined or the gravel pit bond be attached. A consensus was reached that David
Askew, Joan Formeister and Karl Walton, together with any other Commission
members who could attend, would meet with the First Selectman in order to
arrange a meeting with the Town Attorney regarding the situation. It was noted that the Commission had
been extremely tolerant of the landowner and has tried very hard to work with
Grower Direct Farms.
Todd Whitford stressed the
importance of remembering that the Town can be held liable by residents when it
does not take action to enforce it’s own regulations. The Town needs to take property owners
to task by way of injunction if necessary in order to protect its residents and
provide for their safety.
Lise Wood returned to the
meeting at this time.
David
Askew presented the Wetland Agent’s Report. The Commissioners reviewed the report
and Mr. Askew stated that he received a brief update today stating that the one
on Gulf Road is going forward with a few changes at the parcel just south of the
bridge where there the riprapping was done. Nothing is going to be done at upper
Stafford Road, but the work is going to be done on Lower Stafford Road and
Schneider Road. A motion was made
by Henry Broer, seconded by Candace Aleks and unanimously approved to accept the
report as written.
A
change was made to the August 2, 2006 minutes on Page 3. Item b. was changed to Item g. A motion was made by Karl Walton,
seconded by Lise Wood and unanimously voted to approve the minutes of the August
2, 2006 meeting as corrected.
A
motion was made by Karl Walton, seconded by Lise Wood and unanimously voted to
approve the minutes of the September 6, 2006 meeting as
written.
A
change was made to the September 20, 2006 minutes in Old Business, Item c, third
sentence. “machine shop” was
changed to “storage shed”. A motion
was made by Karl Walton, seconded by Lise Wood and unanimously voted to approve
the minutes of the September 20, 2006 meeting as amended.
A
motion was made by Karl Walton, seconded by Lise Wood and unanimously approved
to adjourn the meeting at 8:55 p.m.
Respectfully submitted,
Lise Wood, Secretary
Robin
Timmons, Recording Secretary
MINUTES
ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.