Conservation Commission / IWWA Minutes 12/03/2013 ADOPTED

CONSERVATION COMMISSION/INLAND WETLANDS &

WATERCOURSES AGENCY MINUTES

DECEMBER 3, 2013

REGULAR MEETING

I.          CALL TO ORDER

Richard Miller, Chairman, called the Regular Meeting of the Conservation Commission to order at 7:30 p.m. in the Main Meeting Room at the Town Offices.  Other members and alternates in attendance were Darren Cunningham, Patrick Kottas, Margery Winters 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 Kottas to serve for Margaret Sexton and Commissioner Rieger to serve for Alan Needham.

III.       DISCUSSION AND POSSIBLE ACTION

a.         Application #13-41 of Steve Wasseluk, Agent for Hans and Nicole Bergard, Owners, for the construction of an 8'x10' addition off the rear of the house in the Upland Review Area to a wetland on the property located at 16 Riverside Road (Map H12, Block 107, Lot 005). Zone R-15.

A new survey was provided to the Commissioners for this property on Riverside Road with two entrances to the Dutch Colonial house - one in front and a second entrance at the rear stairway.  It is proposed to enclose the stairs, which are an ice/slipping hazard in winter for the family with 3 children, providing an interior set of stairs leading down to the driveway from the main floor, which is about a half story above-ground; some storage would also be added.  Town Staff clarified this area is not physically in the wetlands, which are about 35-40 feet behind the stairs’ location.  There is an underground culvert from the 1920's which drains runoff from the backyard of this property and neighboring properties, eventually draining into the Farmington River.   This Application was brought to the Commission for approval due to the necessity of digging a foundation to a depth for frost walls.  The property soil is sandy and there is a septic tank in the back of the property.   This work could be done in a week with a small amount of extra dirt moved and hay used to secure the area for winter.   The paved driveway is adjacent to the stairs area.

Commissioner Winters made a motion that this is a regulated activity because of excavation work in an upland review regulated area.  Commissioner Kottas seconded the motion and it was passed unanimously.

Commissioner Winters made a motion this is not a significant activity because there is minimal disturbance.  Commissioner Kottas seconded the motion and it was passed unanimously.

Commissioner Winters made a motion to approve the Application with the stipulation to stabilize the soil.  Commissioner Kottas seconded the motion and it was passed unanimously.

b.         Application #13-42 of James Bosworth, Owner, for the removal of a dock from a regulated area on the property located at 4 Apple Lane (Map D08, Block 147, Lot 002). Zone R-40.

About a year ago, the Applicant received a retroactive wetlands permit allowing the dock to remain; however, the dock violates Town Zoning Regulations and must be removed.  For the short term, they propose removing the dock and storing it until a better dock location is determined.  In the spring, they would: 1) request ZBA variance approval; and 2) return to this Commission for a permit for the new location.  The dock sits in 2-3 feet of water and was simply installed on 4"x6" footpads sitting on the bottom with no pilings or encroachment into the pond area; some silt may have built up on the footpads.  Currently, the ground is hard and the dock would be picked up from where it rests and stored outside of the upland review area; a floating dock section would be onsite for lifting, if needed, and there would be no erosion, turbidity, or sedimentation.  The Commissioners discussed their previous understanding that the dock pilings were driven into the pond floor and that removal of the dock would have caused erosion, turbidity, and sedimentation.   The soil scientist commented positively on dock removal in winter with much less biological activity, minimum sediment on the pads, and that it would provide this area some breathing room in the spring.  It was projected to take a couple of hours to remove the dock and it would be done as soon as possible.  The Applicant's attorney confirmed there are no conservation or preservation restrictions that they are aware of.

Commissioner Rieger made a motion that this is a regulated activity in that it involves a construction activity in the upland review area and the wetland.  Commissioner Winters seconded the motion, and it was passed unanimously.

Commissioner Rieger made a motion that this is not a significant activity in that the Commission is advised by competent authority and the facts as set before the Commission that it would not involve any significant disturbance of any kind of the wetland.  Commissioner Winters seconded the motion, and it was passed unanimously.

Commissioner Rieger made a motion to grant the requested permit without condition.  Commissioner Winters seconded the motion, and it was passed unanimously.

The Commissioners noted a prior violation had been reinstated because a permit condition was not satisfied; Town Staff will send out another copy of the letter.  The violated condition required that an expert planting plan be provided to the Commission by June 2013 and it has not been received to date.  Whether the permit is expired or void was discussed, and the Applicant believed they could provide the planting plan by January/February 2014.

Town Staff noted Zoning Regulations require stored material like the dock to be in a buffered position out of view, so the plan to put it under the deck should be fine.  The Applicant indicated the dock would be moved to a storage area.

c.         Application #13-43 of Rich and Marcia Keegan, Owners, for the installation of a propane generator in the Upland Review Area to a wetland on the property located at 11 Newbury Court (Map F05, Block 301, Lot 006). Zone R-40.

This Application is to place a small propane generator 18 inches away from the house foundation and no soil would be dug.  The Commissioners agreed Application #13-43 could be handled administratively.

IV.       ADMINISTRATIVE APPROVALS

An Application was received for Whitman Pond to remove a 1000-gallon oil tank and replace it with a 1000-gallon propane tank.  The Applicant must get a building permit and obtain sign-off from the Fire Marshal; the Conservation Officer also would view the site.  If there is oil in the hole when the oil tank is removed, DEEP becomes involved and the soil is dug until there is less than 60 parts per billion; however, there is no indication that the tank is leaking.  A building official and fire marshal must be there to witness the tank's removal, and if the ground is clean, the hole is filled; then the tank is cleaned out, crushed, and taken to a certified landfill.  The Commissioners agreed that this Application could be handled administratively.  Town Staff noted that currently about five permit requests per day for generators are received.

The Commissioners discussed the potential further expansion of natural gas in Town and various locations where it is available.  Significant expansion is theoretically planned, but population density is an issue for further expansion.

Regarding the ditch-witch Application, the Applicant could not use the planned machine.  The Applicant has now proposed running the propane line through 5-6 feet of hand-dug trench one shovel width wide, 18 inches deep, from the propane tank to the house, running the propane line through the house to the other end with a loop to the propane generator. This would represent minimal activity and could be administratively approved.

V.        RECEIPT OF NEW APPLICATIONS

None other than previously discussed for Whitman Pond.

VI.       CORRESPONDENCE/ANNOUNCEMENTS

None.

Regarding the gunite pool at 3 Flint Rock Ridge, Town Staff confirmed it was solidly installed and followed up with several site visits.

The Commissioners discussed filling member vacancies and the 3 current members who need to be reappointed as of January 2014.  Town Staff will check with the Town Clerk regarding any Commission resignations received to date.

VII.     APPROVAL OF MINUTES of November 19, 2013

A quorum was not present and the November 19, 2013 Minutes were continued to the next meeting's Agenda.

Also due to a lack of a quorum, the October 15, 2013 Minutes were similarly continued to the next meeting's Agenda.

Town Staff distributed copies of the Bylaws and new regulations to the Commissioners.

XI.       ADJOURNMENT

Commissioner Winters made a motion to adjourn the meeting at 8:30 p.m.  Commissioner Kottas seconded the motion, and it was passed unanimously.

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