These minutes are for informational purposes only. For official minutes, please contact the Town Clerk's Office.
CONSERVATION COMMISSION
INLAND WETLANDS AND WATERCOURSES AGENCY
SEPTEMBER 17, 2002
REGULAR MEETING
CALL TO ORDER
Chairman M. Howard Beach, Jr. called the Regular Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:35 P. M. in the Main Meeting Room at Simsbury Town Hall. The following members were present: Andrew Bucknam, Pierce Clayberger, William Nowak, Thomas Sharpless, Helene Wade, Margery Winters, and John Yocom. Also present were Laurie Whitten, Conservation Officer, Lisa Arakelian, Commission Secretary, and other interested parties.
APPOINTMENT OF ALTERNATES
Chairman Beach appointed Margery Winters to serve for Richard Miller.
III. PUBLIC HEARING (continued from September 3, 2002)
Application of Nancy Onken, Owner, requesting a Wetlands Permit amendment to construct a house and associated fill and grading within the 75-foot regulated buffer area and in wetlands on property located at 35 Lucy Way.
Nancy Onken, Owner, informed the commission that the detention ponds and irrigation system are completed and functioning. The area has also been seeded with lawn mix and is sprouting. Jeff Hodges, Landscape Architect, stated that there has been no erosion of soil on the property as a result of the most recent rainstorm. John Yocom noted that he saw a large oak tree down slope from the northern detention pond that appears to have had its crown covered with sediment. He recommended that the crown be exposed or the tree will die.
Mark Sullivan, 52 East Weatogue Street, presented the map and recommendations made by Thomas Grimaldi, of R. R. Hiltbrand Engineers, regarding the drainage computations on the property. Grimaldi included additional sedimentation and erosion control measures on a blueline copy of the site plan that he felt would be crucial to the stabilization of the site until permanent vegetative cover is established.
Chairman Beach recommended that a performance bond be placed on the property until the whole site is stabilized.
Tim Baierwick requested that the clay deposit in his back yard be cleaned up by the applicant. He also suggested that additional vegetation be planted between their properties.
A motion was made by Commissioner Sharpless to close the public hearing. Seconded by Commissioner Nowak, and unanimously carried.
A motion was made by Commissioner Sharpless that this is a regulated activity by reason of construction, filling, and discharge to wetlands. Seconded by Commissioner Yocom, and unanimously carried.
A motion was made by Commissioner Sharpless that this is a significant activity by reason of having demonstrated its potential for causing siltation and erosion. Seconded by Commissioner Clayberger, and unanimously carried.
A motion was made by Commissioner Sharpless to approve the permit amendment, to include construction of a house and detention basins, and landscaping in the buffer zones to wetlands, and erosion control measures in the wetland, with the condition that a performance bond be included, in an amount and for a length of time to be determined by the town engineer, so that, in the event of future erosion problems as a result of this project, there will be funds available to remedy them. The applicant must also agree to stabilization of the rear slope, and to remedy damage done to the Baierwick property as a result of erosion from the site at 35 Lucy Way. Seconded by Commissioner Nowak, and unanimously carried.
Conservation Commission
Inland Wetlands and Watercourses
Regular Meeting Minutes
9/17/02
Page 2
IV. PRESENTATIONS
Application of Chet Osadchey, Owner, for an Inland Wetlands Permit to smooth out a hill, remove trees, seed, and plant within the 75-foot regulated buffer area on property at 19 Nod Brook Road.
Laurie Whitten informed the commission that she hand-delivered a notice of violation because the owner had cut six trees and cleaned brush on a slope leading to Nod Brook. The site has since been stabilized, and no erosion has occurred. She also stated that a barrier of heavy woods still exists at the wetlands line and the site has been planted with butterfly bushes, rhododendron, holly, periwinkle, and pachysandra.
A motion was made by Commissioner Nowak that this is a regulated activity by reason of there being ground disturbance and removal of vegetation in the buffer zone to a wetland. Seconded by Commissioner Clayberger, and unanimously carried.
A motion was made by Commissioner Nowak that this is a significant activity by reason of there being significant removal of vegetation and ground disturbance, with the potential to cause siltation to Nod Brook. Seconded by Commissioner Yocom, and unanimously carried.
A motion was made by Commissioner Nowak to not hold a public hearing, as there appears to be no interest on the part of neighbors. Seconded by Commissioner Clayberger, and unanimously carried.
A motion was made by Commissioner Nowak to grant the permit because the enhanced plantings have taken hold and there is no evidence of siltation as a result of the activity. Seconded by Commissioner Clayberger, and unanimously carried.
Application of Brian Foley, Owner, for an Inland Wetlands Permit to remove material from an existing pond and excavate material to make pond usable within the 75-foot regulated buffer area on property at Lot #5 Highwood Road.
Jeremy Vail, appearing for Brian Foley, stated that the owner is requesting a permit to remove fallen trees and debris from three ponds on the property.
The commission set a site walk for 5:30 P. M. on Tuesday, September 24.
A motion was made by Commissioner Nowak to table this application until the October 1, 2002 meeting. Seconded by Commissioner Winters, and unanimously carried.
Application of Brian Foley, Owner, for an Inland Wetlands Permit to remove material from an existing pond within the 75-foot regulated buffer area on property at 76 Hartford Road.
Jeremy Vail explained that the owner is requesting a permit to dredge approximately 90 cubic feet from a manmade farm pond.
A motion was made by Commissioner Sharpless that this is a regulated activity because it involves excavation of material in a waterbody. Seconded by Commissioner Yocom, and unanimously carried.
A motion was made by Commissioner Sharpless that this is a significant activity because it has the potential to cause siltation to Powdermill Brook. Seconded by Commissioner Clayberger, and unanimously carried.
Conservation Commission
Inland Wetlands and Watercourses
Regular Meeting Minutes
9/17/02
Page 3
A motion was made by Commissioner Sharpless to not hold a public hearing, as there appears to be no interest on the part of neighbors. Seconded by Commissioner Clayberger, and unanimously carried.
A motion was made by Commissioner Sharpless to grant the permit for the proposed activities. Seconded by Commissioner Yocom, and unanimously carried.
V. RECEIPT OF NEW APPLICATIONS
None
VI. APPROVAL OF MINUTES
September 3, 2002
A motion was made by Commissioner Clayberger to approve the minutes of the September 3, 2002 meeting, as presented. Seconded by Commissioner Sharpless, and unanimously carried.
VII. CORRESPONDENCE/ANNOUNCEMENTS
Laurie Whitten distributed a rough draft of the town’s Wetlands Regulations, with revisions.
Ms. Whitten distributed a brochure on the "2002 Municipal Inland Wetland Commissioners Training".
ADJOURNMENT
A motion was made by Commissioner Nowak to adjourn the meeting at 9:25 P. M. Seconded by Commissioner Sharpless, and unanimously carried.
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William Nowak,
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