Conservation Commission / IWWA Minutes 06/18/2013 ADOPTED
CONSERVATION COMMISSION/INLAND WETLANDS
JUNE 18, 2013
MINUTES FROM REGULAR MEETING
I. CALL TO ORDER
Rich Miller, Chairman, called the Regular Meeting of the Conservation Commission to order at 7:32 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were: Alan Needham, Patrick Kottas, Darren Cunningham, Margaret Sexton and Donald Rieger. Also present were: Howard Beach, Conservation Officer, Janis Prifti, Commission Clerk, and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairman Miller appointed Commissioner Rieger to serve as an alternate for Darren Cunningham and Commissioner Kottas to serve as an alternate for Nick Zackeo.
III. DISCUSSION AND POSSIBLE ACTION
a. Application #13-17 of Cobel Builders LLC, Agent for Russell and Linda Stroud, Owners, for deck and retaining wall repairs in the Upland Review Area to a wetland on the property located at 1 Willard Street (Map H03, Block 426, Lot 019). Zone R-25.
Application #13-17 proposes replacement of a failing concrete retaining wall behind a carport; an attached deck would have to be removed and the decking and railings replaced. A tributary of Bissell Brook is approximately 55 feet off the deck corner; photos of the area were provided. A Staff Report indicated plenty of room between the work area and the brook. The failing retaining wall wasn't pinned to the foundation and is now leaning over and pushing the deck out. A mini excavator would be used to remove the retaining wall and they would not go beyond the deck corner with equipment; a silt fence would be run along the back of the property to catch any runoff. The portion of the deck to be removed is what can be reached from the driveway. No material would be removed aside from the concrete wall and that material would be on top of the driveway and put back when they are finished. The foundation would incorporate dowels and drilled-in rebar; on the other side is a frost wall they can pin the footing to with rebar run straight up so this will not happen again. The retaining wall is due to the grade dropping off 4-5 feet from the top of the driveway to the yard below. They would like to begin this work right away because of stability concerns regarding the wall and attached deck. There will be no soil stockpiled; everything will be removed as soon as possible. This would have been an administrative item if it were just sonotubes, but excavation is occurring.
Commissioner Sexton made a motion the Commission finds that this is a regulated activity because it involves excavation in the upland review area. Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion that it is not a significant activity because there is no direct impact on the wetlands and utilizes silt fence for any runoff. Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Sexton made a motion to grant the requested permit conditioned upon Town Staff observing the activity and confirming that it is all fine. Commissioner Cunningham seconded the motion, and it was approved unanimously.
IV. RECEIPT OF NEW APPLICATIONS
Pending applications include: 190 Bushy Hill Road for an above-ground pool in an upland review area 55 feet from a wetland in a level lawn area. The house is on the east side of Bushy Hill with a pipe running under the road to a 100-foot open section. The Commission agreed this could be handled administratively. Second is an Eagle Scout project to put in a walkway and small bridge on the Glover property. The July 1st meeting is cancelled with the next meeting the 3rd Tuesday in July. The Glover Land Trust property is on Rte. 185 and under development behind the "Welcome to Simsbury" obelisk. It is an 8-acre property with a nice level woodchipped path.
Two Applications were done administratively in recent weeks: One at 15 Stratton Forest Way, for a 4 foot addition to an existing deck; another for replacing a deck with a smaller porch.
V. CORRESPONDENCE/ANNOUNCEMENTS
Approval for a sewer treatment plant to discharge to the Farmington River from DEEP with a cc to this Commission was received today approving 3.8 million gallons a day capacity for an NYDPS removal permit. Water coming out of the treatment plant is said to be cleaner than the river.
Notice was sent to 4 Apple Lane that they are in violation of their permit and unless they immediately provide the planting plan which was due June 1st, the fine will be back in effect; their attorney was copied. Their attorney was also reminded of this requirement 3 weeks ago and indicated the client was reminded. Zoning Board of Appeals will decide next week whether the dock can remain in place. Al Hickson has hired Attorney Mark Brantz. The Applicants have been informed should the Zoning Appeal fail they must return to the Conservation Commission for a permit to remove the deck; a Public Hearing is not required unless the Commission so specifies due to public interest; no meetings are currently scheduled for August.
There has been no further movement on the Senior Center site selection with Eno Hall, the Performing Arts Center, and the Bushy Hill/Stratton Brook locations still under consideration with the latter two already significantly disturbed areas.
VI. APPROVAL OF MINUTES of June 4, 2013
On Line 40, the phrase "regarding construction sedimentation and siltation in the water" is moved to the beginning of the sentence and deleted in the body of the sentence.
On Line 93, the spelling of "tachifyre" is corrected to "tackifier".
Line 50, should say "75".
On Line 89, the word "Greater" is changed to "Gray".
Commissioner Sexton made a motion to accept the minutes as amended. Commissioner Rieger seconded the motion, and it was approved with Commissioner Cunningham abstaining.
VII. ADJOURNMENT
Commissioner Cunningham made a motion to adjourn the meeting at 8:00 p.m. Commissioner Kottas seconded the motion, and it was passed unanimously.
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