Conservation Commission / IWWA Minutes 07/16/2013 ADOPTED

CONSERVATION COMMISSION/INLAND WETLANDS
JULY 16, 2013
MINUTES FROM REGULAR MEETING

I. CALL TO ORDER

Acting Chairwoman Margery Winters called the Regular Meeting of the Conservation Commission to order at 7:33 p.m. in the Main Meeting Room at the Town Offices.  Other members and alternates in attendance were:  Alan Needham, Patrick Kottas, Darren Cunningham and Donald Rieger.  Also present were:  Howard Beach, Conservation Officer, Janis Prifti, Commission Clerk, and other interested parties.

II. APPOINTMENT OF ALTERNATES

Chairwoman Winters appointed Commissioner Rieger to serve as an alternate for Rich Miller and Commissioner Kottas to serve as an alternate for Nick Zackeo.

III. DISCUSSION AND POSSIBLE ACTION

a. Application #13-21 of Thomas Kim, Agent for Simsbury Land Trust, Owner, for the construction of a raised walkway and footbridge on the property located at Hartford Road (Map H15, Block 108, Lot 004 and Map H15, Block 109, Lot 004A). Zone R-40.

Commissioner Rieger recused himself.

An Eagle Scout candidate from Troop 76 proposed building a raised walkway on the Glover property off Rte. 185 and Princess Lane allowing easier access to the center of the property.  Currently, the access route is covered in brush and not easily accessible.  The route of the pathway crosses a small year-round brook over which a footbridge-type box will be built made of pressure treated lumber, which will lay on the ground surface with no maintenance planned.  Only grasses and weeds approximately 2 feet tall that are obstructing the pathway will be removed.  This work would begin in late August with completion by end-October.  

Commissioner Kottas made a motion that this is a regulated activity because it involves work in a wetland.  Commissioner Cunningham seconded the motion, and it was passed unanimously.

Commissioner Kottas made a motion that it is not a significant activity because of the approach to the footbridge, use of pressure treated lumber, and no excavation or earth removal.  Commissioner Cunningham seconded the motion, and it was passed unanimously.

Commissioner Kottas made a motion to approve the Application as stated.  Commissioner Cunningham seconded the motion, and it was approved unanimously.

The Commissioners commented that the Glover property is an attractive piece of land and wished the Applicant good luck with the project.

IV. RECEIPT OF NEW APPLICATIONS

An Application was received by the Town for 2 Weldon Way due to erosion from 2 streams forming a 6-foot square island further eroding the bank proposing removal of the island.

Another Application was received by the Town for Whitman Pond proposing cable-winching downed trees out of the pond and cutting them up on shore; the cable would run through the wetland and requires a permit.

An Application was received today by the Town for site remediation at The Hartford, including removing some oil tanks and associated cleanup.

There is currently no meeting scheduled for August; these Applications will be heard at the first meeting in September.

V. CORRESPONDENCE/ANNOUNCEMENTS

An Application was received by the Town for expanding a sunroom/deck on hand dug sono tubes in an established lawn about 50 feet from wetlands. The Commissioners agreed this could be handled administratively.

a. Sediment and erosion control concerns at 42 East Weatogue Street

This is a request for an investigation adjacent to property at 52 East Weatogue.  This is an unusual situation where previously dry land now has a riding ring on it and appears to be impacted by a swale on a hill behind the property now causing a watercourse, which fills the ring with water that stays there.  They believe the Conservation Commission has jurisdiction over this because of the new watercourse and the breakout eventually reaches the highway; there was no soil erosion, sedimentation and control plan submitted to the Commission.  The Commissioners discussed whether this should be noticed as a Public Hearing prior to any presentations.  The attorney representing the residents of 52 East Weatogue sent a letter to Mrs. Hyppa at the adjacent property and to the Town; they were advised by the Town Attorney to submit the correspondence and appear in front of the Commission to offer testimony.  The letter requested the Conservation Commission investigate. 

The Commission emphasized the need to discuss jurisdictional questions first, as there are no mapped wetlands or watercourses on the property; an intermittent watercourse has statutory standards to be met.  The attorney responded that a watercourse has to have a flow of water beyond a storm event; based on breakouts when there is a storm event and the flow of water and standing water bubbling under the ring out to the road happening frequently, they believe it meets the criteria.  The other jurisdictional aspect for the Commission is to demonstrate probable cause of an issue, which in Town of Bozrah & ? provides there is enough information for the Commission to investigate.  The Commissioners noted there is an agricultural exclusion as well.  The attorney noted a case called Red 11 vs. Conservation Commission of the Town of Fairfield about continuing flow of water where Fairfield found they could not discharge silted water as a result of failure to install sedimentation and erosion controls; even for agricultural use there are standards that must be met. 

It was suggested the Commission take this under advisement for further discussion, with Town Staff contacting Mrs. Hyppa to see if she would allow further viewing of the property.  It was clarified once the property receives a CO from the Town for a house whatever grading they do is exempt from the requirement of a soil and erosion control plan; it is also difficult to take action without a mapped wetland.  While the photos showed a path of water directly to the road edge, currently Town officials' photos show a well-vegetated lawn and no evidence of erosion.  The catch basin is across the street, with water going underground to a bleed out on the other side.  The Commissioners commented there have been a lot of problems in this area.  The Town official indicated the swale down the hill runs out onto a nice level saddle with evidence only of sheet flow, but the wetland maps have not been updated in the last 10 years and it is conceivable the flow may cut across the saddle, causing a defined channel down to the ring.   The Commissioners further discussed protecting all parties’ rights. 

The Town will further investigate the older catch basin and will check when it was last cleaned out; Mrs. Hyppa will be contacted for permission to go on the property to see if she is willing to rectify the situation.  It was noted under Town regulations that anyone can petition for a change to the wetlands map and assemble available information.  The attorney indicated that the 42 East Weatogue property topography significantly changed, with 2 feet or more of soil added to the ring area which now floods.  The exemption for incidental uses under Statute 22.A.40 does not apply to this 4-acre property; the rink is about 1/16 acre.  It was projected that the property owner would likely want to correct this problem for the general health of the animals and to prevent mosquito breeding and she will be contacted by the Town.

Commissioner Rieger made a motion to schedule this matter for a Public Hearing at the Commission's first meeting in September and ask that Staff give notice in the usual way, and to particularly ensure that Mrs. Hyppa is well apprised of the situation and invited to cooperate with Town Staff, and in advance of that to provide needed information, because it would be in the public interest.  Commissioner Kottas seconded the motion, and it was approved unanimously.

Commissioner Rieger made a motion in light of the proximity of the 1st meeting in September to Labor Day to move the scheduled Public Hearing to the 2nd meeting in September.  Commissioner Kottas seconded the motion, and it was approved unanimously and also agreed to by the residents requesting the Hearing.

VI. APPROVAL OF MINUTES of June 18, 2013

For the attendees, the name of "Margery Winters" should be removed, and the name of "Darren Cunningham" should be added.

Commissioner Cunningham made a motion to accept the minutes as amended.  Commissioner Kottas seconded the motion, and it was approved with Commissioner Winters abstaining.

VII. ADJOURNMENT

Commissioner Cunningham made a motion to adjourn the meeting at 8:17 p.m.  Commissioner Kottas seconded the motion, and it was passed unanimously.

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