CONSERVATION COMMISSION/INLAND WETLANDS & WATERCOURES AGENCY
MINUTES – REGULAR MEETING
January 15, 2008
I. CALL TO ORDER
Chairman Richard Miller called the Regular Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:35 PM in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Commissioners Margery Winters, Margaret Sexton, Ryan Mihalic, Dominick Zackeo, and Darren Cunningham. Also in attendance were Howard Beach, Conservation Officer, Alison Sturgeon, Commission Clerk and other interested parties.
II. APPOINTMENT OF ALTERNATES
Mr. Zackeo was appointed to serve for Andrew Bucknam.
III. PRESENTATION(s), DISCUSSION AND POSSIBLE VOTE
a. Application of Timothy and Kelly Budlong, Applicants, for an Inland Wetlands Permit relating to the construction of a garage within the regulated area to a wetland on property located at 430 Bushy Hill Road.
Mr. Budlong stated that there is currently a carport attached to their house. They are proposing to take the carport down and construct a two-car garage with a mudroom. The foundation will consist of a crawl space under the mudroom and the garage will be a flat foundation. The reason Mr. Budlong is before this Commission is because the garage will be located just a few feet into the regulated area. He feels that this is a very basic addition; they do not need a variance. Mr. Budlong stated that currently, there is all grass in the backyard. He is proposing silt fences to prevent any runoff and erosion of the land behind the garage and house. They will also be backfilling and grading as needed.
Chairman Miller questioned if the backyard was level or if there was a slope. Mr. Budlong stated that there is a gentle slope back toward the wetland, which is all grass. Currently, the wetland is grass, except for some areas of Pacasandra.
Mr. Beach stated that the wetland on this property is usually fairly dry; it is associated with the intermittent stream, which runs north to south along the east side of Bushy Hill Road. Mr. Budlong stated that his neighbors and himself are very diligent in keeping the leaves out of the stream. This helps alleviate the problems of water backup; there is never a backup there. Also, he has never had a problem with water in his basement. He stated that the stream has been dry for the past several months.
Commissioner Winters questioned when he would like to start construction. Mr. Budlong stated that he would like to start in the springtime. He stated that all excavated materials would be stored behind the house, prior to it being backfilled.
Commissioner Sexton questioned if the applicant would be redirecting the driveway. Mr. Budlong stated that one part of the driveway would be redirected to the garage. Currently, the driveway goes to the carport, which will soon become the mudroom. Any material taken from the driveway would be taken offsite.
Chairman Miller questioned if the grade of the yard would be changed at all when the soil is backfilled. Mr. Budlong stated that he would just like to level his yard because it is currently very bumpy. He would not be changing the grade of the slope; he feels that the slope helps water stay away from his house.
Mr. Budlong questioned if there was a common problem that people have with the wetlands, i.e. pollution or erosion. Chairman Miller stated that both of these issues are problems. He stated that when there is construction or excavation in or near a wetland, the sedimentation gets into the wetland and destroys the function of that wetland. Mr. Budlong stated that he would be installing a silt fence in the backyard. He also questioned how to install it. He feels that the silt fence will be an extra barrier, which will help when the spring rains come. Mr. Beach explained how the silt fence should be installed and stated that he would give Mr. Budlong a pamphlet, which better explains this process.
Commissioner Mihalic stated that he lives in close proximity to the applicant, although, he is not an abutter and does not have a financial interest, so he would not be recusing himself.
Commissioner Winters motioned that this is a regulated activity because the excavation is in the upland review area with potential siltation into the wetlands. Commissioner Sexton seconded the motion, which was unanimously approved.
Commissioner Winters motioned that this is not a significant activity because the excavation and sediment will be controlled by the silt fence and any excess soil will be taken offsite. The storage area for any excess fill will be stored above the silt fence. Commissioner Sexton seconded the motion, which was unanimously approved.
Commissioner Winters motioned to approve this application with the recommendations made by the Town Staff. Commissioner Sexton seconded the motion, which was unanimously approved.
IV. APPROVAL OF MINUTES of November 20, 2007
Commissioner Winters motioned to accept the minutes of the November 20, 2007, meeting as written. Commissioner Mihalic seconded the motion, which was unanimously approved.
V. DISCUSSION
Regarding the PDD, Mr. Beach stated that Mr. Peck drafted the PDD, taking into account all of the information from the Boards and Commissions. Mr. Peck has recently given it to Special Council for their review; they have not yet returned the document to him. Mr. Peck had also posed a question to Special Council that since a sub-committee had been working on the PDD, does that same subcommittee need to look over the draft before bringing it to the public. The Town attorney is also reviewing the procedure that needs to be followed.
Mr. Beach stated that the Town has received their annual letter from CL&P regarding the trimming and other work that they plan on doing near the power lines. The only area they are planning to work on is the one that runs along the Metacomet Trail.
Regarding the Meadowood Triangle, Commissioner Winters stated that the Open Space Committee has prioritized four pieces of land to recommend for purchase for the Town. These properties include Ethel Walker, the Gersten Property, Tulmeadow Woods, and Meadowood Triangle. She stated that the Committee discussed the uses for the Meadowood Triangle. Some of the uses could be an animal corridor, active farming, and grasslands. She stated that she is talking about this issue tonight because she would like to make the Conservation Commission aware of this important issue. She feels that this Commission should submit a letter to the Board of Selectman regarding the value of this land. Mr. Beach stated that this issue would be coming up for referendum in May 2008. The Commission continued to discuss this issue. Commissioner Mihalic questioned if this Commission should do something more formal than a letter of recommendation. He suggested a letter discussing the conclusions that the
Conservation Commission reached years ago when this property was discussed, which the Board of Selectman might consider going forward. Commissioner Mihalic feels that this would be helpful because the BOS has newer members now and they are looking at this issue from a different perspective. The Commission agreed to draft a letter to the Board of Selectman stating that this is an important issue and
something that the Conservation Commission has addressed in the past and would like to recommend that this Commission be presented with various options for this land that they could look at and discuss. This Commission could then recommend what they feel would be in the best interest of the Town, given the competing interest for use of this space if it is purchased.
Mr. Beach stated that prior to writing this letter, he would look into what the process is to see how this Commission can most effectively interject into this matter. In the meantime, Commissioner Winters will be working on a draft letter to the Board of Selectman, which this Commission could discuss at their next meeting.
Commissioner Winters stated that she has been attending the Lower Farmington River Wild and Scenic Study Group meetings. They have had a series of speakers that have been very interesting. She has been learning the value of the lower Farmington River and why we have unique things that would qualify the Town for a wild and scenic study group. This group has been meeting since April 2007; they are hoping to get this project done in the next three years. This group does not usurp local Town’s rights; it does not affect the local control. Mr. Beach stated that the Federal Government has approved the funding to do this study. If the study proves what this group is hoping, then the Federal Government will release funding for the designation. Commissioner Winters stated that the upper Farmington River
has already received its Federal designation.
VI. CORRESPONDENCE/ANNOUNCEMENTS
There were none.
VII. ADJOURNMENT
Commissioner Cunningham motioned to adjourn the meeting at 8:25 PM.
Commissioner Mihalic seconded with all in favor.
Respectfully Submitted,
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Commissioner Ryan Mihalic, Secretary
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