Simsbury, CT - Conservation Minutes

Chairman M. Howard Beach, Jr. called the Regular Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:31 P. M. in the Main Meeting Room at Simsbury Town Hall. The following members were present: Helene Wade, Margery Winters, and John Yocom. Also present were Laurie Whitten, Conservation Officer, Lisa Arakelian, Commission Secretary, and other interested parties.

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 located at #5 Highwood Road. (tabled at 11/19/02 meeting)

Jeremy Vearil stated that he and Brian Foley are now requesting approval to only remove material from the largest of the three ponds in question. Ms. Winters asked if anyone has done a biological study on the area. Mr. Vearil replied that a biological study has not been done because the ideal time for a study to be done is in the Spring, and he and the owners are hoping to excavate the pond in the Winter while the ground is frozen.

Mr. Vearil asked if the town would pay for a biological study. Ms. Whitten replied that she has in mind a biologist who may be willing to visit the property at no charge because he is very interested in the site.

Ms. Winters expressed concern over disturbance which has already occurred in the regulated area, which may result in erosion into the ponds. Mr. Vearil stated that fallen trees and debris were recently removed from the area, but he has not witnessed any erosion.

Ms. Whitten asked Mr. Vearil if he would be amenable to her contacting a biologist to visit the property. Vearil replied that he would have to check with Brian Foley.

Ms. Winters asked if there were any other locations on the property that would be suitable for digging a new farm pond. Mr. Vearil replied that there were no other suitable sites, and Foley is not willing to dig a new pond.

A motion was made by Commissioner Wade to table the application until the December 17, 2002 meeting. Seconded by Commissioner Yocom, and unanimously carried.

Application of Ceres-Simsbury, Owner, David Godbout, Applicant, for an Inland Wetlands Permit for a building addition within the 75-foot regulated buffer area on property at General Casualty, Unit #2, Tower Business Park, 86 Hopmeadow Street (continued from 11/19/02 meeting).

Gary Hath (CR3) displayed an enlarged photo of the property, as was requested at the November 19 meeting. In response to Mr. Hath’s question, the commissioners all stated that they had visited and viewed the property since the November 19 meeting.

Kevin Clark, Clark Engineering, explained again that water runoff from the new parking area will be directed away from the wetland into a catch basin, then into a lined channel, a stormwater treatment basin, and, ultimately, into a level spreader. He further explained that rainwater from the roofs of the existing building and addition will discharge directly to the wetland. Also, .6 of an acre, which is currently being directly discharged to the wetland, will be reduced to .3 acre discharged to the wetland after construction.

A motion was made by Commissioner Yocom that this is a regulated activity by reason of construction and removal of earth within a regulated area and discharge of water to a wetland. Seconded by Commissioner Winters, and unanimously carried.

A motion was made by Commissioner Yocom that this is a significant activity as there is a significant amount of construction to occur very close to the wetland and there is potential for siltation to the wetland. Seconded by Commissioner Winters, and unanimously carried.

A motion was made by Commissioner Yocom to not hold a public hearing because it appears that surrounding property owners will not be impacted by the activity. Seconded by Commissioner Winters, and unanimously carried.

A motion was made by Commissioner Yocom to grant the permit for the proposed activities with the condition that the plans for additional plantings around the edge of the buildings nearest the wetlands, the silt fencing, and the maintenance of the catch basin be approved by the Conservation Officer. Seconded by Commissioner Winters, and unanimously carried.

Frank Mairano, Applicant, explained that Lynda Trumbull is seeking a permit to restore an aging ice pond by excavating sediment. He further explained that the area actually consists of an upper and a lower pond divided by a stone wall dam. He is requesting to excavate a maximum of four feet of sediment which has collected behind the stone dam in the upper pond.

A motion was made by Commissioner Wade that this is a regulated activity because of the removal of fill from a wetland. Seconded by Commissioner Yocom, and unanimously carried.

A motion was made by Commissioner Wade that this is not a significant activity as there will be minimum impact on the wetland. Seconded by Commissioner Yocom, and unanimously carried.

A motion was made by Commissioner Wade to grant a permit for the proposed activity, as presented. Seconded by Commissioner Yocom, and unanimously carried.

Application of David and Toni Olson, Owners, for an Inland Wetlands Permit for removal of an old, deteriorating deck and rebuilding a sun room within the 75-foot regulated buffer area on property at 16 Springbrook Lane.

Commissioner Yocom asked how close the activity will be to the wetland. Ms. Whitten replied that it will be approximately 40 feet from the wetland.

Commissioner Yocom asked if the deck’s existing piers will be used for the sun room. Mrs. Olson replied that she wasn’t sure, and Ms. Whitten stated that the piers will probably not be adequate to support the weight of a room and will have to be replaced.

A motion was made by Commissioner Winters that this is a regulated activity because of construction in the regulated area. Seconded by Commissioner Yocom, and unanimously carried.

A motion was made by Commissioner Winters that this is not a significant activity because the work is to be done by hand and there is not a significant amount of sediment that will have the potential to erode into the wetland. Seconded by Commissioner Yocom, and unanimously carried.

A motion was made by Commissioner Winters to grant the permit, with the condition that excavated soil not be distributed in an area where it may erode into the wetland. Seconded by Commissioner Wade, and unanimously carried.

Vincent Yokabaskas appeared before the commission requesting that wetlands depicted on his property behind a shopping center in North Simsbury be removed from the wetlands map.

Chairman Beach explained that Mr. Yokabaskas will have to apply for a wetlands map amendment and present to the commission the results of a soil study which states that wetlands do not exist on the property.

A motion was made by Commissioner Yocom to approve the minutes of the November 19, 2002 meeting, as presented. Seconded by Commissioner Wade, and unanimously carried.