CONSERVATION COMMISSION/INLAND WETLANDS
AND WATERCOURSES AGENCY MINUTES
REGULAR MEETING - TUESDAY, November 16, 2004
SIMSBURY TOWN OFFICES - 7:30 P.M. - MAIN MEETING ROOM
CALL TO ORDER
Acting Chairman Commissioner William Nowak called the Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:30 P.M. in the Main Meeting Room at Simsbury Town Hall. The following members were present: Margery Winters, Richard Miller, William Nowak, John Yocum, and Christopher Ursini.
Mr. Nowak congratulated Mr. Beach on his appointment as Conservation Officer for the town. Speaking for the commission, he stated that it has been a pleasure working with him these past years.
APPOINTMENT OF ALTERNATES
None
PRESENTATION(s), DISCUSSION AND POSSIBLE VOTE
a. Application of Paul and Erika Oranges, Owners, for an Inland Wetlands permit to place a pre-built storage shed within the regulated area on property located at 11 Park Road
Mrs. Oranges was present. Conservation Officer Beach explained that the entire lot is located entirely within the wetlands. The backyard is basically level. There is a stream that runs down along the driveway on the right side of the property, and an intermittent stream/drainage ditch that runs diagonally across the back of the yard, behind where the shed is to be built. The area where the shed is to be built is the high and driest part of the yard. The pre-built shed is to be built on a bed of crushed stone. The project is to be completed in by December.
The site map is dated 1986, about the time the grandfather clause was to expire.
Conservation Officer Beach explained that the applicant will not be storing gas in the shed because of possible seepage into the wetland area.
A motion was made by Commissioner Miller that this is a regulated activity by reason of placement of gravel/fill within a wetland. The motion was seconded by Commissioner Yocom, and carried unanimously.
A motion was made by Commissioner Miller that this is not a significant activity because the lot is flat and the gravel will not create a source of erosion or siltation in the wetland and activity will be minimal. The motion was seconded by Commissioner Yocom, and carried unanimously.
A motion was made by Commissioner Miller to grant a permit for the proposed activity. The motion was seconded by Commissioner Winters, and carried unanimously.
b. Application of Ben Beardsley, Owner, Philip R. Skaret, Applicant, for an Inland Wetlands permit for excavation and backfill for a proposed addition within the regulated area on property located at 17 Bridlepath Road.
Mr. Skaret, agent-contractor for the owner, explained that the proposed excavation is within 40 feet of a stream. He showed on the site plan where the stockpile and the silt fence are to be located. He stated that the septic tank will be moved, and that the Farmington Valley Health Department has approved the new location, which does not come within the 100- foot buffer zone. All of the stock piling and excess material will be put in the farthest corner of the yard, away from the brook. The soil is very sandy and has good drainage. The project will be done in the winter, and Christiansen Brothers will do the excavation. All stockpiled material will be used for other excavated areas on the site, and the material not used will be taken off site.
Commissioner Nowak asked about the stakes shown on the map. Mr. Skaret explained that the stakes are the boundaries of the addition.
Mr. Skaret explained that the wetland boundary is a stream that leads to wetlands. The stream comes from under a culvert under the road, and goes into a boxed culvert. There is fairly steep drop off down to the stream, and the wetland is just a few feet wider than the stream.
Conservation Officer Beach explained that the only access to the area for construction is around the back of the house.
Commissioner Winters asked how the slope. Mr. Skaret explained that it will be the same slope that is there, but it will be over 5-10 feet. The grade of the slope won’t be any steeper.
Conservation Officer Beach explained that the project will begin at the front of the yard and move to the back.
Erosion control and stabilization measures to be used are hay and silt fencing, and Mr. Skaret said they could also put in an anti-gravel tracking pad.
Commissioner Nowak asked if Mr. Skaret agrees with the recommendations noted in the conservation officer’s letter. Mr. Skaret answered yes.
A motion was made by Commissioner Yocom that this is a regulated activity because it involves removal of soil and redistribution of soil within the regulated area.
The motion was seconded by Commissioner Miller, and carried unanimously.
A motion was made by Commissioner Yocom that this is a significant activity because there will be a fair amount of soil that will be excavated and backfilled. As such, there is significant danger of erosion.
The motion was seconded by Commissioner Miller, and carried unanimously.
A motion was made by Commissioner Yocom that a public hearing is not required.
The motion was seconded by Commissioner Ursini, and carried unanimously.
A motion was made by Commissioner Yocom to grant a permit for the proposed activity with all of the conditions and recommendations that are spelled out in Mr. Beach’s memo. The memo states, ”It is recommended that all construction traffic enter and exit the site around the garage and down the existing driveway. It is further recommended that excavation for the portion of the addition on the south end of the house be done from the rear yard, working from the front of the house to the back of the house to keep construction equipment away from the top of the slope. Silt fence should be installed three feet back from the top of the slope to protect the slope and the streambed. If construction is started this fall, any disturbed soil should be stabilized for the winter.” It is also understood that the
silt fence should be extended and hay used to stabilize the disturbed soil, and in the spring plant something in that same area to stabilize it as quickly as possible.
The motion was seconded by Commissioner Ursini, and carried unanimously.
CORRESPONDENCE/ANNOUNCEMENTS
Commission Officer Beach stated that he has given his resignation as Chairman of the Wetlands Agency and has been appointed the Town of Simsbury’s Conservation Officer.
Commissioner Nowak asked for a motion that the incoming Commission Chairman’s first item of business be to write a letter concerning Mr. Beach’s appointment.
Commissioner Yocom made the motion. Commissioner Winters seconded, with all in favor.
There was a discussion concerning the possibility of expedited reviews of basic applications. Conservation Officer Beach said that in some cases the conservation officer can sign off on the project without it having to go before the commission, but that any activity that occurs within the wetlands has to come before the commission. He said that if the commission adopts the regulations, this could go forward.
Conservation Officer Beach said there was letter from Ed Pawlak on the St. Catherine of Siena’s Church expansion. As part of Mr. Pawlak’s follow up he sent info to the DEP, who responded that “there are extant populations of eastern box turtle and northern leopard frog in close proximity to the site.” Mr. Pawlak has spoken to several herbatologists, who stated that the animals would not be out in that field at all. The letter will go into the file and if the DEP takes action on it, it will have to be revisited.
An initial decision on a Meadowoods decision has come back; more details will be forthcoming.
An application for 32R Old Farms Road is set for the next meeting.
There were a couple of discussions after the announcements; the Shingle Mill Road project fell through, the advantages and disadvantages of chip sealing the roads, the erosion of walking paths at Simsbury Farms, and the pond at the powder forest project.
APPROVAL OF 2005 REGULAR MEETING SCHEDULE
Commissioner Winters motioned to approve the schedule with the understanding that the notation stating November 4, 2005 is Rosh Hashanah will be changed to say October 4, 2005. Commissioner Ursini seconded. All in favor.
APPROVAL OF MINUTES of October 5, 2004, and October 19, 2004.
Commissioner Winters motioned to approve the October 5, 2004, and October 19, 2004 minutes
Commissioner Ursini seconded, with all in favor.
VII. ADJOURNMENT
Commissioner Yocom moved to adjourn the meeting at 8:32PM.
Commissioner Miller seconded with all in favor.
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