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CONSERVATION COMMISSION
INLAND WETLANDS AND WATERCOURSES AGENCY
JANUARY 6, 2004
REGULAR MEETING
I. CALL TO ORDER
Chairman Howard Beach, Jr. called the Regular Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 8:09 P. M. in the Main Meeting Room at Simsbury Town Hall. The following members were present: Richard Miller, William Nowak, and Margery Winters. Also present were Laurie Whitten, Conservation Officer, Lisa Arakelian, Commission Secretary, and other interested parties.
II. APPOINTMENT OF ALTERNATES
None
III. PRESENTATION, DISCUSSION, AND POSSIBLE VOTE
A. Application of Kathleen S. Paul, Owner, Sheldon Paul, Applicant, for an Inland Wetlands Permit to construct an addition within the 75-foot regulated buffer area on property located at 61 Deer Park Road.
Sheldon Paul explained that he is requesting a permit to construct a 30' x 40' addition which will encroach to within approximately nine feet of the wetlands boundary and to within 63 feet of Russell Brook. He further explained that conservation easements exist on the south and west sides of the property, thereby limiting placement of the addition. The area to be disturbed (approximately 220 square feet) is currently grass and landscape. Mr. Paul agreed with the staff recommendations stated in the memo of December 29, 2003, i.e. that the proposed stockpile area be moved closer to the road, outside of the 75-foot regulated area, and that the roof leader should be directed away from the wetlands area.
Commissioner Miller asked what material will be used to construct the proposed patio. Mr. Paul replied that he will use either brick or stone, thereby not adding to the impervious surface.
Chairman Beach asked Mr. Paul to suggest to the excavator that he work from the front of the property to the back.
A motion was made by Commissioner Nowak that this is a regulated activity because of significant disturbance of soil in a regulated area. Seconded by Commissioner Miller, and unanimously carried.
A motion was made by Commissioner Nowak that this is a significant activity because the entire activity is proposed to take place in a regulated area. Seconded by Commissioner Miller, and unanimously carried.
A motion was made by Commissioner Nowak to not hold a public hearing, as there appears to be no opposition to the proposed activity. Seconded by Commissioner Winters and unanimously carried.
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A motion was made by Commissioner Nowak to grant the permit for the proposed activity, with the conditions that the proposed stockpile be moved to the side yard in the area of the old septic tank, and that the roof leader be directed away from the wetlands area. Seconded by Commissioner Winters, and unanimously carried.
B. Application of John and Cari McCann, Owners, for an Inland Wetlands Permit to construct an addition within the 75-foot regulated buffer area on property located at 4 Clifdon Drive.
Mike Devon, Builder, explained that the proposed 6' x 11' addition will encroach up to 20 feet from the wetlands. He further stated that construction vehicles will remain on the driveway and in the garage. He is also planning to cover the entire construction area, including any stockpiling, with a tarp when it is not being used, so he asked if he will still be required to install a silt fence. Chairman Beach replied that a silt fence should not be necessary. Laurie Whitten stated that she recommended that hay bales be placed around the area of construction, if needed.
A motion was made by Commissioner Winters that this is a regulated activity because it is located within a regulated area. Seconded by Commissioner Nowak, and unanimously carried.
A motion was made by Commissioner Winters that this is not a significant activity because there will be very little soil disturbance.. Seconded by Commissioner Miller, and unanimously carried.
A motion was made by Commissioner Winters to grant the permit for the proposed activity, with the recommendations of the Conservation Officer in her memo dated December 29, 2003, except that silt fencing shall not be required if the area of construction is covered with a tarp. Seconded by Commissioner Miller, and unanimously carried.
IV. PUBLIC HEARING, DISCUSSION, AND POSSIBLE VOTE
A. Adoption of proposed amendments, expansions, and revisions to the Inland Wetlands & Watercourses Regulations
The Commission reviewed the proposed amendments to the regulations
Chairman Beach opened the hearing to public comment.
Wayne Cobley, 8 Crestwood Road, spoke in favor of the amendments and agreed that the 100-foot uniform upland review area is needed and not excessive.
A motion was mace by Commissioner Nowak to close the public hearing. Seconded by Commissioner Winters, and unanimously carried.
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Commissioner Nowak made the following motion:
WHEREAS, the Town of Simsbury Conservation Commission (the “Commission”) desires to adopt amendments to its inland wetlands and watercourses regulations (the “Regulations”) for the following reasons:
1) To codify the Commission’s applied interpretation of current Regulations regulating activities within areas located around wetlands and watercourses subject to statutory amendments effective after the Commission’s last amendments to these Regulations in 1996;
2) To expand the uniform portions of the upland review regulated areas within which the Commission strictly controls uses and activities under its current Regulations; and
3) To revise the Regulations as to application, hearing and decision-making procedures subject to statutory amendments taking effect after the Commission’s last amendments to these Regulations in 1996.
WHEREAS, the Commission, based on its own experience and knowledge and the guidance provided by the Connecticut Department of Environmental Protection, finds that the following activities are likely to impact or affect wetlands or watercourses if located anywhere within one-hundred (100) feet of the boundaries of any wetland or watercourse in the Town of Simsbury (measured horizontally and at right angles from the wetland or watercourse boundaries, at any elevation): clearing, grading, paving, excavating, depositing or removing of material, earth moving, filling, construction, clear-cutting timber, grubbing land, stormwater drainage discharge, septic system leachate, and the use or storage of hazardous materials or other pollutants.
WHEREAS, the Commission finds that the amendments set forth in this motion are necessary to protect the wetlands and watercourses in the Town of Simsbury.
MOVED, that the Commission adopt the above findings and reasons for amendment and the following amendments to the Regulations (with deletions struck-through and insertions double-underlined), to take effect upon adoption with all other provisions of the Regulations remaining unchanged and in effect.
Section 1 – Subsection 1.3 is revised as follows:
1.3 Pursuant to Sections 22a-36 to 22a-45 inclusive of the Connecticut General Statutes, as amended, the Simsbury Conservation Commission shall have the authority to issue, issue with conditions, or deny permits for all regulated activities onconcerning inland wetlands and watercourses within the Town of Simsbury.
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Section 4 – Subsection 4.1 is revised as follows:
1.1 The Conservation Commission regulates only those activities which:those regulated activities that are not permitted as of right or non-regulated pursuant to section 3 of these Regulations.
a. remove material from,
b. deposit material in or discharge to,
c. construct on,
d. obstruct,
e. alter,
f. pollute, or
g. otherwise adversely affect a regulated area.
No person shall henceforth conduct a regulated activity in a regulated area of the Town of Simsbury without first obtaining a permit from the Simsbury Conservation Commission.
4.1.1 Uses and operations occurring adjacent to a wetland or watercourse may have an adverse effect on a regulated area. in upland review areas around a wetland or watercourse may have an adverse effect on a wetland or watercourse. Therefore, it is the policy of the Commission to strictly control uses and activities within a seventy-five (75) foot buffer to any wetland or watercourse. the following activities, which shall be regulated as regulated activities if occurring or proposed within any one-hundred foot uniform upland review area, as defined in these regulations:
1. clearing,
2. grading,
3. paving,
4. excavating,
5. depositing or removing of material,
6. earth moving,
7. filling,
8. construction,
9. clear-cutting timber,
10. grubbing land,
11. stormwater drainage discharge,
12. septic system leachate, and
13. the use or storage of hazardous material or other pollutants.
4.1.2 The Commission may also determine, on a case-by-case basis in accordance with this subsection, that any other activity is likely to impact or affect a wetland or watercourse, and is therefore designated a regulated activity and is subject to regulation by the Commission, even if the designated location of such activity occurs or is proposed outside of the uniform upland review area. The Commission shall state any such ruling in writing, describing the designated regulated activity, the designated upland review area, and the Commission’s determination of impacts and effects supporting the Commission’s case-by-case designations. In making such case-by-case designations, the Commission shall consider the factors set forth in Sections 6.1 through 6.2 and in section
22a-41 of the Connecticut General Statutes, as well as the following physical characteristics of wetlands and watercourses:
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14. the land which comprises a wetland;
15. the body of water that comprises a watercourse; and
16. the channel and bank of an intermittent watercourse.
The Commission shall promptly notify any applicant(s) affected by such a ruling.
Section 5 – Subsections 5.1, 5.2.3, 5.2.5, 5.4, and 5.6.1 through 5.6.6 are revised, and new subsections 5.4.2, 5.6.7, and 5.6.8 are inserted, as follows:
5.1 Any person wishing to undertake a regulated activity within a regulated area shall apply for a permit to the Commission. All applications shall be submitted on the form prescribed by the Commission. An application form titled “Application for Inland Wetlands and Watercourse Permit,” hereinafter callcalled the application, shall be made available at the
Planning Department, Town Hall.
5.2.3. In the case of any application in which any portion of the wetland or watercourse on which the regulated activity is proposedaffected wetlands or watercourses is located within 500 feet of the boundary of Avon, Bloomfield, Canton, East Granby, or Granby, the applicant shall give written notice of the proposed activity, certified mail, return receipt requested, to the adjacent municipal
wetland agency on the same day of filing an Inland Wetlands Permit application with the Commission. Documentation of such notice shall be provided to the Commission.
5.2.5 When an application is filed to conduct or cause to be conducted a regulated activity uponconcerning an inland wetland or watercourse, any portion of which is within the watershed of a water company as defined in Section 16-1 of the General Statutes, the applicant shall provide written notice of the application to the water company. For the purpose of this regulation, the
watershed areas are identified as aquifer and aquifer recharge areas on a map entitled “Town of Simsbury Aquifer Protection Zones, as amended.” This map is on file in the Planning Department, Town Hall. Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven (7) days of the date of the application. The water company, through a representative, may appear and be heard at any hearing on the application.
5.4 AThe Commission shall not hold a public hearing may be held on all applications involving a significant activity. A public hearing may be held on applications which do not involve a significant activities if the Commission determines it is in the public interest.on an application unless:
1) the Commission determines that the proposed activity may have a significant impact on wetlands or watercourses; or
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2) a petition signed by at least twenty-five (25) persons who are eighteen (18) years of age or older and who reside in the municipality in which the regulated activity is proposed, requesting a hearing is filed with the agency not later than fourteen (14) days after the date of receipt of such application; or
3) the Commission finds that a public hearing regarding such application would be in the public interest.
5.4.1 All applications, maps and documents relating to the application shall be open for public inspection. Any person may appear and be heard at any public hearing.
5.4.2 Within five (5) days after the date of receipt of the application, the applicant shall submit, as part of the application record, the name(s) and address(es) of the owner(s) of record of all lands abutting or within five hundred (500) feet of the subject property, as listed on the last-completed grand list of the Town of Simsbury or other applicable municipality. This application requirement shall be waived upon the Commission’s ruling that it will not hold a hearing on the application or upon its rendering of a decision without holding a hearing.
5.6 Permit Review Scheduling Requirements:
5.6.1 Applications must be submitted to the Planning Department staff not fewer than three (3at least one (1) business daysday prior to
the day of the Commission’s regular meeting, or a special meeting where deemed appropriate, in order to be included on the agenda.
5.6.2 The date of receipt of an application shall be determined in accordance with Public Act 03-177 providing that such date shall be the day of the next regularly scheduled meeting of the Commission immediately following the day of submission, (provided the day of such meeting is no earlier than three (3) business days after receipt) or thirty-five (35) days after such submission, whichever is sooner. However, if those provisions of Public Act 03-177 do not apply to and do not determine the date of receipt of any application, such application’s date of receipt shall be determined by the applicable provisions of the Connecticut General Statutes.
5.6.3 The applicant may consent to one or more extensions of the period specific in this subsection for the holding of the hearing and for action on suchany period specified for rendering a decision on an application on which no hearing is held, or for commencing, completing, and rendering action following a public hearing held on an application, provided the total extension of any such period shall not be for longer than the original period as specified in this subsection, in either case, that the total of all extensions together shall not exceed sixty-five (65) days or any other limit on such total extension prescribed by applicable provisions of the Connecticut General Statutes in effect on the date of receipt of the application, or may withdraw such application. Failure of the
Inland Wetlands AgencyCommission to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the application.
5.6.4 No later than sixty-five (65) days after the date of receipt of an application, the Commission may hold ashall commence any public hearing on therequired or otherwise held on an application. The in accordance with Section 5.4. Such hearing shall be completed within fortythirty-five (4535) days of its commencement and action shall be taken on the application within thirtysixty-five (3565) days after completion of a public hearingthe hearing, except as otherwise prescribed by applicable provisions of the Connecticut General Statutes in effect on the date of receipt of the application and
subject to any applicable extensions.
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1.1.1 Notice of the hearing shall be published at least twice at intervals of not less than two (2) days: The first not more than fifteen (15) days and not fewer than ten (10) days; and the last not less than two (2) days before the date set for the hearing in a newspaper having a general circulation in the Town, or as required by applicable statute.
1.1.2 In the absence of a public hearing, action shall be taken on an application within sixty-five (65) days from the date of receipt of the application. The Commission may issue a permit without a public hearing provided no petition for a hearing is filed with the agency, in accordance with Section 5.4, on or before the fourteenth (14th) day after the date of receipt of the application.
1.1.3 The Commission shall mail notice of any public hearing to be held on an application to the party(ies) identified by the applicant as the owner(s) of record of all lands abutting or within five hundred (500) feet of the subject property, at the address(es) submitted by the applicant or otherwise made part of the application record, and no less than ten (10) days prior to the day of the hearing, if the applicant submits such information in a timely manner in accordance with Section 5.4.2.
1.1.4 In the case of any application which is subject to the notification provisions of subsection 5.2.4 of these regulations, a public hearing shall not be conducted until the clerk of the adjoining municipality(ies) has (have) received notice of the pendency of the application. Proof of such notification shall be entered into the hearing record.
Section 6 – Subsection 6.2 is revised as follows:
6.2 In its review of all relevant facts and circumstances, the Commission shall consider the factors set forth in section 22a-41 of the Connecticut General Statutes and the following:
1. The environmental impact of the proposed action;activity on wetlands or watercourses;
2. The alternatives to the proposed actionactivity and whether a feasible and prudent alternative exists to the proposed activity;
3. The relationship between the short-term uses of the environment and the maintenance and enhancement of long-term productivity;
4. Irreversible and irretrievable commitments or resources which would be involved in the proposed activity;
5. The character and degree of injury to, or interference with, safety, health, or the reasonable use of property which is caused or threatened;
6. The suitability or unsuitability, including aesthetic effect, of such activity to the area for which it is proposed;
7. Measures that would mitigate the impact of any proposed regulated activity;
8. The environmental impact of the proposed actionactivity which may include, but not be limited to, the following:
(1) the amount of material to be removed or deposited and the projected effect on the water table and drainage patterns;
(2) danger of erosion and siltation;
(3) likelihood of siltation and leaching, and any resulting adverse effects on water quality and aquatic life;
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(4) the nature of any material to be removed or deposited and its effect on flood control, water supply and quality, and on aquatic organisms;
(5) projected changes in velocity, volume, or course of water flow or in the water table, and their effects;
(6) changes to the physical, chemical, or biological properties of the water or soil, and their impact;
(7) change in the suitability of the area for recreational or aesthetic enjoyment;
(8) importance of the area to the region with respect to water supply, water purification, flood control, natural habitat, recreation, open space, and size;
(9) consistency with the Connecticut Department of Environmental Protection water quality classifications and goals; and
(10) the effects on the inland wetland’s or watercourse’s natural capacity to support desirable biological life, prevent flooding, supply water, control sediment, facilitate drainage, and promote public health and safety.
Section 7 – Subsection 7.1 is revised as follows:
7.1 The Commission may deny the application, grant the application as filed, or grant it upon such terms, conditions, limitations, or modifications of the regulated activity designed to carry out the policy of these regulations and Section 22a-36 to 22a-45 inclusive of the Connecticut General Statutes as amended. In granting a permit with or without conditions, the Commission shall state on the record its reasons for granting the permit. The statement shall include discussion of the considerations and criteria
listed in Sections 6.1 through 6.2 of these regulations, as applicable. When a permit is granted with conditions, those conditions shall be set forth in the permit and the time in which they must be fulfilled shall be set forth; and if the conditions are not fulfilled within that time, the permit shall be void.
Section 16 – Subsection 16.1 is revised as follows:
1.2 These revisions shall take effect on March 5, 1996. regulations and amendments shall take effect upon their adoption by the Commission in accordance with Section 11 or any subsequent time fixed by the Commission.
Appendix A – The definitions of “regulated activity” and “regulated area” in Appendix A are revised, and definitions of “uniform upland review area or one-hundred foot uniform upland review area” and “upland review area” are inserted, as follows:
Regulated activity means any permanent or temporary operation within or use of a regulated areawetland or watercourse involving removal or deposition of material, or any obstruction, construction in, alteration, or pollution of such regulated area, and any or pollution, of such wetlands or watercourses, but shall not include the activities specified in Section 3 of these regulations. Furthermore, any clearing, grading, paving, excavating, depositing or removing of material, earth moving, filling, construction, clear-cutting timber, grubbing land, stormwater drainage
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discharge, septic system leachate, and the use or storage of hazardous material or other pollutants, within seventy-five (75) feet of wetlands or watercourse, but shall not include the activities specified in Section 3 of these regulations. the one-hundred (100) foot uniform upland review area, as defined in these regulations, is a regulated activity. In accordance with Section 4.1.2 of these regulations, the Commission may also determine, on a case-by-case basis, that any of these or any other activity is likely to impact or affect a wetland or watercourse and is therefore designated a regulated activity and is subject to regulation by the Commission, even if the designated location of such activity occurs or is proposed outside of the uniform upland review area.
Regulated area means:
17. Any wetland as defined in these regulations and as shown on the “Official Inland Wetlands and Watercourses map for the Town of Simsbury, CT;” (It should be noted that some wetland boundaries may vary from the official map or may not have been depicted. In such cases, the actual character of the soils determines whether the area is subject to the regulations. See Section 11 for boundary disputes.)
18. Any watercourse as defined in these regulations;
19. Any wetland and watercourse as otherwise established as such by the Commission in accordance with these regulations;
20. All areas located within seventy-five (75) feet of the boundary of such wetlands or within seventy-five (75) feet of the boundary of such watercourse, as per the definition of regulated activity. All uniform upland review areas, as defined in these regulations; and
1. Any other upland review area that is the location or proposed location for a regulated activity designated by ruling of the Commission to be a regulated activity on a case-be-case basis in accordance with Section 4.1.2 or any other applicable provision of these regulations.
Uniform upland review area or one-hundred foot uniform upland review area means the portions of the upland review areas located within one-hundred (100) feet of the boundaries of any wetland or watercourse (measured horizontally and at right angles from the wetland or watercourse boundaries, at any elevation).
Upland review area means non-wetland and non-watercourse areas in which activities likely to impact or affect a wetland or watercourse occur or are proposed.
Moved: January 6, 2004
Adopted: January 6, 2004
Effective: January 7, 2004
The motion was seconded by Commissioner Miller, and unanimously carried.
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Inland Wetlands and Watercourses Agency
Regular Meeting Minutes
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V. RECEIPT OF NEW APPLICATIONS
A. 540 Hopmeadow Street (Simsmore Square)
VI. APPROVAL OF MINUTES
A. December 2, 2003
A motion was made by Commissioner Nowak to approve the minutes of the December 2, 2003 meeting, as presented. Seconded by Commissioner Winters, and unanimously carried.
VII. ADJOURNMENT
A motion was made by Commissioner Nowak to adjourn the meeting at 9:13 P. M.
_________________
William Nowak, Secretary
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