Conservation Commission/ Inland Wetlands
And Watercourses Agency Minutes
Special Meeting- Tuesday April 12, 2007
Simsbury Town Offices- 7:30PM- Board of Education Conference Room
CALL TO ORDER
Chairman Miller called the meeting to order at 7:30pm in the Board of Education Conference Room of the Simsbury Town Offices. The following Commissioners were present: Commissioner Winters, Commissioner Yocom, Commissioner Mihalic, Commissioner Zackeo and Commissioner Sexton. Also present was Howard Beach, Conservation/Zoning Officer.
APPOINTMENT OF ALTERNATES
Commissioner Zackeo was appointed to serve for Commissioner Bucknam.
PRESENTATION(s), DISCUSSION AND POSSIBLE VOTE
Application of David P. Bailey, Owner, for an Inland Wetlands Permit for the construction of a two-story addition to their home within the upland review area to a wetland on property located at 39 Pine Hill Road.
Mr. and Mrs. Bailey were present to discuss the application.
Mr. Bailey handed out photos of the site to the Commissioners. He stated that the two-story addition will be built 85 feet away from the wetland boundary at its’ closest point. The soil removed/excavated will be used to grade around the new addition. This soil will be stockpiled and held a tarp until it is to be used. There will be no soil placed at the wetland boundary. There will be a silt fence installed between the house and the retaining wall to ensure that soil does not reach the wetlands. Construction vehicles will access the site by way of the driveway. Mr. Bailey hopes to commence construction the end of April, and it should take 3 months to complete.
Mr. Bailey noted that the site does not have any significant problems with water in the backyard.
Mr. Bailey acknowledged that he has discussed the recommendation set forth in the staff report with Mr. Beach and understands them.
A motion was made by Commissioner Mihalic that this is a regulated activity by reason of construction activity within the 100- foot regulated area.
The motion was seconded by Commissioner Winters, and carried unanimously.
A motion was made by Commissioner Mihalic that this is not a significant activity due to the disturbance being minimal, the wetland being 85 feet from the site, and the site’s grade.
The motion was seconded by Commissioner Winters, and carried unanimously.
A motion was made by Commissioner Mihalic to grant the application with the recommendations set forth in the staff report.
The motion was seconded by Commissioner Winters, and carried unanimously.
Application of Raymond S. Baker, Owner, for an Inland Wetlands Permit to construct a 16-foot by 20-foot sunroom within the regulated area to a wetland on property located at 11 Kelly Farm Road
Mr. Baker was present to discuss the application. He handed out photos of the site to the Commissioners.
Mr. Baker stated that the distance from the closest point of the addition to the wetland is 75-feet. The sunroom will be built on a frost wall foundation as opposed to pilasters, because they wish to add under-floor radiant heat. There will be no backpiling of materials, and storage of excavated material will be located off to the side of the house. Mr. Baker suggested that construction vehicles might enter the site by way of his neighbor’s driveway. Mr. Baker hopes to begin construction soon, it will take approximately 4 months to complete.
Mr. Baker acknowledged that he has discussed the recommendation set forth in the staff report with Mr. Beach and understands them.
A motion was made by Commissioner Yocom that this is a regulated activity by reason of soil disturbance within the 100-foot regulated area.
The motion was seconded by Commissioner Mihalic, and carried unanimously.
A motion was made by Commissioner Yocom that this is not a significant activity due to the fact that the wetland will be protected from the excavated soils by a silt fence.
The motion was seconded by Commissioner Mihalic, and carried unanimously.
A motion was made by Commissioner Yocom to grant the application with the recommendations set forth in the staff report.
The motion was seconded by Commissioner Mihalic, and carried unanimously.
Application of John D. Ritson, Manager, R.C. Connectors, LLC-Owner, for an Inland Wetlands Permit to construct a building and associated parking lot within the upland review area to a wetland on property located at 146 Hopmeadow Street.
Mr. Ritson and Mr. David Whitney, Engineer were present to discuss the application.
Mr. Ritson came before the Commission in 2006 for a wetlands permit to expand the parking on this site, and is now back to discuss the possibility of adding a building on the site that would require a permit. He explained that he wishes to build a 28,000-30,000 square foot 3-story mixed-use building and a parking lot on the site. The ground floor will most likely hold a daycare; there will be apartments and perhaps offices on the second floor, and apartments on the third floor. He stated that a public hearing is most likely needed due the size and type of project, and the fact that there is much public interest.
Mr. David Whitney explained that the construction of the project will be done in phases, and added that there is a full landscape plan. The first phase of construction will entail the building of the north east side of the building closest to the wetland. He stated that there is currently a conservation easement in place.
There is a one-acre low quality wetland, which has been flagged by Soil Scientist, Mr. Henry Moeller. The wetland was originally used as a dumping ground and needs a major cleanup. As part of the site development proposal, Mr. Ritson has agreed to clean up the trash and remove the vines that are choking the trees.
Mr. Whitney explained the systems in place and those to be implemented to ensure an integrated water flow plan. He stated that whereas town regulations state that the maximum amount of allowable impervious surface is 40%, this site will have 30%, 3, 400 square feet. He also noted that the parking lot plan proposes less impervious surface than the parking plan that came before the Commission last year.
Mr. Ritson stated that the residents of the condominium association located near the site have expressed concerns regarding the project, specifically that of the view of the parking lot from their residences, and also concern about the cleaning of the culvert.
A motion was made by Commissioner Mihalic that pursuant to Section 9.1.a, of the Inland Wetlands and Watercourses Regulations, “The Commission determines that the proposed activity may have a significant impact on wetlands or watercourses”, and 9.1.c of the Inland Wetlands and Watercourses Regulations, “The Commission finds that a public hearing regarding such application would be in the public interest,” that a public hearing be set for this application, and that a site walk be scheduled for Saturday May 28th at 8:30 am.
The motion was seconded by Commissioner Winters, and carried unanimously.
APPROVAL OF MINUTES of January 16, 2007, February 20, 2007, and March 6, 2007
Commissioner Winters moved to approve the minutes of January 16, 2007
Commissioner Mihalic seconded with all in favor.
Commissioner Winters moved to approve the minutes of February 20, 2007 with modifications.
Commissioner Yocom seconded with all in favor.
The minutes of March 6, 2007were tabled.
STAFF REPORT(s)
Administrative issuance of an Inland Wetlands Permit on the application of Sean and Laura Riley, Owners, Kevin Trumbull, Agent, for an Inland Wetlands Permit to construct a deck within the upland review area to a wetland on property located at 6 Clover Lane.
This application was administratively approved for a permit after Mr. Beach’s discussion with Chairman Miller. There is minimal soil disturbance and all excess material will be removed form the site.
DISCUSSION
Riverside Road
The Commission discussed the fact that there have been changes made on the site, and the applicant did not come back before the Commission to discuss these changes. Mr. Beach explained that the poles located in the water for the dock have been replaced, even though the applicant specifically stated that they would not touch them, among other things. Commissioners agreed that that the Commission should take action and if possible have the ability to levy a fine, and also require the applicant to come before the Commission to explain their actions. Commissioner Mihalic referred the Commissioners to Section 14.3 of the Inland Wetlands and Watercourses Regulations regarding enforcement policies.
John D. Ritson, Permit to construct a building and associated parking lot within the upland review area to a wetland at on 146 Hopmeadow Street.
The Commission discussed the upcoming public hearing to be scheduled for this application. It was expressed that the Commission should stay within their scope, and not enter into topics that another Commission or Board has purview over. It was also noted that the application must be deemed significant in order that a public hearing be warranted, and that a permit cannot be granted without having the prudent and feasible alternatives aspect met.
Open Space Report
Commissioner Winters reported on what was discussed at the Open Space Committee meeting. She stated that the Committee expressed that the Conservation Committee should be implementing many things to educate the public on pertinent issues. She also noted that the committee discussed constructing a website.
RiverOaks
On Wednesday April 25th, 2007 there will be a public meeting regarding the River Oaks project and that Commission and Board members are encouraged to attend and ask questions.
Maglieri Development project
Mr. Beach stated that Mr. and Mrs. Kaplan, interveners of this project, are suing them, but that hopefully this will soon be overturned.
CORRESPONDENCE/ANNOUNCEMENTS
None
ADJOURNMENT
Commissioner Mihalic made a motion to adjourn the meeting at 9:35 PM.
Commissioner Winters seconded with all in favor.
Respectfully Submitted,
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Commissioner Ryan Mihalic, Secretary
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