Conservation Commission / IWWA Minutes 10/01/2013 ADOPTED

CONSERVATION COMMISSION/INLAND WETLANDS
OCTOBER 1, 2013
MINUTES FROM REGULAR MEETING

I. CALL TO ORDER

Acting Chairwoman Margery Winters called the Regular Meeting of the Conservation Commission to order at 7:35 p.m. in the Main Meeting Room at the Town Offices.  Other members and alternates in attendance were:  Alan Needham, Patrick Kottas, Margaret Sexton, 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 Darren Cunningham and Commissioner Kottas to serve as an alternate for Rich Miller.

III. DISCUSSION AND POSSIBLE ACTION

a. Application #13-33 of Richard J. Higley, Agent for Dyno Nobel Inc., Owner, for work within Hop Brook to remove sediment and repair damage to plant infrastructure on the property located at 660 Hopmeadow Street (Map G11, Block 132, Lot 052). Zone I-2.

Application #13-33 for repair work resulting from past storms and continuing erosion from current storms would be completed in 2 working days.  There is a concrete buffer between the spillway and the 1860's redstone constructed building; when the water is high, it comes over the spillway splitting into a Y.  The integrity of a redstone wall protecting the building has washed out about 20' underneath and they propose placing stone and material from the stream back into the hole with riprap to prevent future erosion.  They need to bring in stone from the parking lot with a small bobcat across the stream channel using material in place for access and on the way out would add that material to the eroded hole.  They would like to perform this work soon as the water is very low allowing good access.  The water is used for general purposes and not industrial use.  It was noted that Hopmeadow Golf has a 325,000 gal./day water permit from 3 streams here, including Hopbrook, Stratton Brook, and Grimes.   The Applicant was encouraged to use machinery that would not leak any oil and agreed to put a boom across the stream for added protection in the event of potential leakage.

Commissioner Rieger made a motion that this is a regulated activity as it involves removal of material and deposition of material in a waterway.  Commissioner Kottas seconded the motion, and it was passed unanimously.

Commissioner Rieger made a motion that this is not a significant activity in that the nature of the site and the nature of the practices intended to be used should result in minimal turbidity, if any, and that erosion will be avoided in the longer term with the work that is to be done.  Commissioner Kottas  seconded the motion, and it was passed unanimously.

Commissioner Kottas made a motion to grant the requested permit conditioned on the use of an appropriate boom or similar protective measure in the event of an equipment problem that might spill unintended material into the stream and that the work being done is satisfactory to the Town Staff.   Commissioner Kottas seconded the motion, and it was approved unanimously.

The Commissioners discussed with the Applicant the long-term potential of eel passage and will request DEEP's Fishery personnel contact them.  Regarding dam removal, the Applicant has a boiler room containing three 225 hp steam boilers, and should it flood they would not be able to cool them fast enough, so it is a concern.

IV. CEASE AND RESTORE ORDER

a. Application #13-32 of Craig and Sheri DiGiacomo, Owners, for the removal of trees and grading of soil on the property located at 14 Weatherly Road (Map F05, Block 301, Lot 045). Zone R-40. (continued from 9/17/13; continue to 10/15/13)

The Applicant's wetlands representative will be available for the 10/15/13 meeting.  They met with Town Staff and are putting a plan together.

V. ADMINISTRATIVE APPROVALS

a. Application #13-31 of Terri-Ann Hahn of LADA, P.C. Land Planners, Agent for Town of Simsbury, Owner, for the construction of a section of retaining wall within the 100-foot upland review area to a wetland on the property located at 725 Hopmeadow Street (Map G10, Block 203, Lot 049). Zone SC-1.

It was decided at the last meeting for the Veteran's Memorial that the 5-feet of wall extending into the 100-foot upland review area between the Library and Boy Scout Hall could be handled administratively.

VI. RECEIPT OF NEW APPLICATIONS

An Application for 38 Pine Glen Road has been received and because the whole area is wetlands, a permit is required; the Application will come before the Commission at the 10/15/13 meeting.

VII. ELECTION OF OFFICERS

The annual election of officers was discussed, including members not regularly attending meetings.  Town Staff will provide the Commissioners with a current copy of the Bylaws for review prior to election.

VIII. CORRESPONDENCE/ANNOUNCEMENTS

Regarding the status of Apple Way, no application has been received to date and their attorney was informed that the $150/day fine continues to be in effect.  If an Application is not received in the next 30 days, the matter will move to court.  It was recalled that 2 permits were issued:  1) for the dock to remain; and 2) an after-the-fact permit for removal of all vegetation in the wetland area which required the Applicant to provide by 6/1/13 a plan for re-vegetating the area; however, in violation of the permit, no plan was received and the permit has been pulled.   A Hearing Officer will decide the fine.  The Applicant indicated to Town Staff they would like to move the dock to be more central to the yard and just to the water's edge.  The Applicant has been informed they need: 1) a wetlands permit to remove the dock; 2) then to go back to ZBA for a variance for a structure beyond the rear yard to reach the water, and if that variance is approved; 3) to come back to this Commission for a wetlands permit to install the dock; and 4) they need a wetlands permit to mitigate the lack of plantings.  Town Staff has also informed the Applicant's surveyor of these requirements.  It was added that unfortunately, all of the Applicant's neighbors have mowed down to the water's edge which also has de-nuded the neighborhood landscape.

The Town Open Space group is meeting tomorrow and the Commission will be hear about their discussion at the next meeting.

IX. APPROVAL OF MINUTES of September 17, 2013; April 16, 2013

Due to a lack of quorum, the meeting draft minutes were tabled.

X. ADJOURNMENT

Commissioner Needham 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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