Conservation Commission/Inland Wetlands Minutes 10/16/2012 ADOPTED
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
OCTOBER 16, 2012
REGULAR MEETING
I. CALL TO ORDER
Richard Miller, Chairman, called the Regular Meeting of the Conservation Commission to order at 7:35 p.m. in the Board of Education Conference Room at the Town Offices. Other members and alternates in attendance were: Donald Rieger, Margaret Sexton, Margery Winters, Ryan Mihalic, Darren Cunningham, Patrick Kottas, and Alan Needham. 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 Commissioner Zackeo.
III. ADMINISTRATIVE APPROVALS
a. Application #12-35 of Philip Doyle, Agent for Timothy Ellsworth, et al., Owners, for a subdivision review on property located at 120 East Weatogue Street (shown on Assessor's Map H12, Block 106, Lot 036 and Assessor's Map H11, Block 106, Lot 037; see lot line revision filed on the Town of Simsbury Land Records 3/5/2012, Map #3977).
Mr. Beach said when someone applies for a Subdivision, CGS Section 8-26 requires that properties with wetlands first apply to the Conservation Commission for a report to be issued prior to Planning approving it. He spoke to DEEP regarding an Administrative Officer issuing permits and whether it carries over to this kind of review, and specifically with Dave Rinn, who said review could be done administratively. Mr. Beach wrote the report, which was transmitted to the Commissioners, indicating none of the 3 parcels on Tanager Hill have any wetlands or water courses. He said there is a piece of wetland within 100 feet diagonally across the street and if it is developed in the future, they may need a permit, but currently there are just lines drawn on a map. Mr. Beach noted the Commission will not meet again until the 3rd week of November and administratively issued the final report stating there are no wetlands and no impacts in simply creating the 3 lots and sent it on to Planning.
b. Application #12-37 of Ron Janeczko, member of Mill Commons, LLC, Owner, for the construction of a pond house and deck within the 100-foot upland review area to a wetland on property located at Grist Mill Lane (aka 1 Millers Way) (Map F11, Block 103, Lot 005-19).
Mr. Beach said this project on Grist Mill Lane was approved a long time ago to build a dock next to the pond and observation deck with a couple of sono tubes along the bank and cantilevering out over the pond edge. He believed the Commission approved it because there was no grading or intrusion into the pond; also, area invasives removal was under way. He said the Applicant later applied to the Building Department to build a community room on the edge of the wetland. When Mr. Beach learned about it, he contacted them to ask why they hadn't obtained a wetlands permit since they were working within 1 1/2 feet of the water, but the excavation was done, footings in, foundation poured, hole backfilled, and the structure was built. Mr. Beach learned a Building Permit had been issued and a staff meeting is scheduled for Thursday to determine why the permit was issued. He said Mr. Janeczko's conversation with Mr. Peck also led him to believe the area was approved for construction, similar to Farmington's requirements. He said the Town Engineer's opinion was that, with 2 Town Administrative Officers giving the go-ahead, and the Applicant filing for a permit as soon as they were notified, an administrative approval should be granted. The Commissioners agreed the Applicant was willing to comply and it was the administrative process that was in error.
c. Application #12-38 of Mark Bannon, Owner, for the reconstruction of a deck on property located at 10 Elcy Way (Map C05, Block 203, Lot 021).
Mr. Beach said this Application was approved to reconstruct a deck on the same piers and the only change is a staircase off the deck side with 2 more sono tubes against the back of the house; this is already a disturbed area about 60 feet from wetlands.
IV. DISCUSSION AND POSSIBLE ACTION
Mr. Beach stated that, following Mr. Maglieri's submission for a home at 8 The Glades, the Applicant came back with the proposed landscape plan. He showed the plan to the Commissioners, showing they stayed back 10 feet as requested, and submitted a plantings list, which went in the ground today.
Regarding Aquarion's permit issued to remove the building and tank structure, Mr. Beach said it took about 3 months (not 10 days) because it was built with #9 rebar every 8 inches and poured concrete walls. He said the walls had to be broken into sections and rebar removed one piece at a time. He provided photos of what it looks like today and said nothing touched the stream. He said the rutted access road was back bladed and stone at the entrance was removed and top soil put in with seeding to be done and good-sized plants put in. He said whatever invasives were found were removed.
Regarding the Warner Nursery area proposed gift, Mr. Beach issued a cease and desist and held off on a show cause hearing in order to provide 10 days notice before a meeting. He said they have moved the tanks, which are clean inside, out of the wetlands and they are now located near the power lines. He said Zoning issues will likely result in cleanup of the remainder of the site. He said in a 1983 Court stipulated agreement, they were allowed to run a nursery but could not run a contracting business. However, he said years ago they moved Warco, which did tank removal, into that prohibited area and now face a major cleanup. He said they will issue the 10-day show cause now that the proper owners of the material have been determined.
Regarding Apple Lane, Mr. Beach said they have refused 5 certified letters he sent them, including one granting their requested hearing, but the duplicate regular mail letters were not returned. He said they have now hired an attorney and a hearing protesting the fine is scheduled for November 6th. He said their attorney stated they will file an application for a permit. Mr. Beach spoke with TJ about validating the dock is physically on someone else's property and he suggested the owner provide a Certificate of Title prior to a permit being issued, but Commissioner Mihalic said that could significantly extend the process and a time period should be implemented. Mr. Beach noted the hearings officer to date has only imposed a 1-day fine, but the $1000/day fine has gotten this owner's attention. He clarified the hearing requested is to protest the fine, not that they haven't violated the wetlands, and he does not know when they will file the application. However, he said the Town Attorney stated if they do not come in for the show cause hearing or to plead their case, they waive their right to do so in court later. Mr. Beach confirmed that he will represent the Town at the show cause hearing and while he has never lost, the Hearings Officer has not imposed any fines, and the Commissioners surmised people may know that. He noted there are still Zoning issues regarding setbacks and property lines, and wetlands violations are more damaging than for zoning.
Mr. Beach received today the 2012 Municipal Wetlands Training Program and offered a voucher to attend Segment 3, which is usually the most interesting. The Commissioners noted it includes macro invertebrates and vernal pool ecology and monitoring.
V. INFORMAL DISCUSSION
a. Election of Officers
Mr. Beach stated that, under the Bylaws, the Commission must elect officers every September. Since 8 Commissioners were present, Commissioner Mihalic suggested moving ahead and that Rich Miller continue as Chairman; the 2 other officers are Margery Winters as Vice Chairman and Ryan Mihalic as Secretary.
Commissioner Rieger made a motion that all 3 officers remain in their same positions.
Commissioner Needham seconded the motion, and it was approved with Chairman Miller abstaining from voting for his position.
VI. RECEIPT OF NEW APPLICATION
a. Application #12-36 of Richard Sawitzke, Agent for the Town of Simsbury, Owner, to remove stone from stream and place gravel and construct in the 100-foot upland review area to a wetland on property located at Firetown Road (Map C02, Block 203, Lot 025).
Mr. Beach said there is a washout on Firetown Road between the waterfall near the Granby town line and the bridge above Northgate where the stream river bends and the bank has been torn out. He said when they repaved the road it was not initially recurbed and water jumped the road, washing out 2 spots; they have now recurbed and are removing stones and material from the streambed and redepositing it on the bank. He said this Application will be heard at the November meeting.
Regarding Hop Hollow, Mr. Beach said Mr. Sawitzke is willing to discuss what has been done with the Commission. He recalled excavation was done to stabilize the stream under Hop Brook and from that point the fines in the soil caused it to continue washing out, so they dug it out and put in a vertical pipe for 200-300 feet, which flows back to the surface before reaching the pond. He said they also cleaned out deposits in the pond and Mr. Sawitzke will come in to discuss why they did this.
VII. CORRESPONDENCE/ANNOUNCEMENTS
Regarding Section 7 of the Wild and Scenic Rivers Act, Commissioner Rieger provided a memo to Mr. Beach stating it triggers review of direct impacts on or in the Farmington River; and most importantly if a federal agency is involved, the National Park Service must review it. He said this includes in the bed of the designated river or on its banks, e.g. the bank stabilization for the Sycamore was reviewed by the National Park Service under this section. He added another standard for review under Section 7 is for something on the river but outside the Wild and Scenic Area, or a tributary of the river, or likely to have an effect on the river diminishing its wild and scenic or habitat values, or its water quality. Mr. Beach stated this relates to federal agencies, but if a private developer does something along the banks, it does not trigger the Wild and Scenic Act. Commissioner Rieger said, consistent with the theory of the Wild and Scenic Act, a major value is to protect the river from federal government activities. Regarding MDC moving Farmington River water to UCONN, the Commissioners discussed if hardware for the diversion were on the river bank in Simsbury and the Corp of Engineers were involved, then federal involvement would trigger Section 7. Commissioner Rieger said each town along the river has been involved in the Wild and Scenic process. Mr. Beach will distribute the memo to the Commissioners. The Commissioners noted the time for Wild and Scenic designation comments will close shortly at the National Parks Services website and encouraged individual comments.
Regarding easement status, Mr. Beach said the 1 1/2 pages he was provided offered little substance and the woodlot management plan should be more substantive. He said with 10/15 as the end date for seeding, it is unlikely they will proceed this fall. Commissioner Rieger will provide his comments to Mr. Beach by 10/30.
Due to the upcoming election date, the Commissioners noted their next meeting will be 11/20/2012.
VIII. APPROVAL OF MINUTES of September 4, 2012; September 18, 2012; and January 3, 2012
The September 4, 2012, minutes were amended as follows:
On Line 119, "requirements" was changed to "suggestions".
On Line 237, "Catherine" was changed to "Catherine Lane".
On Line 271, "expertise" was changed to "experience".
On Line 275, "rivery" was deleted.
Commissioner Rieger made a motion to approve the minutes of September 4, 2012, as amended. Commissioner Winters seconded the motion, and it was approved unanimously.
The September 18, 2012, minutes were amended as follows:
Wherever "Corp" appears, it is changed globally to "Corps of Engineers".
On Line 154, "McClean" is changed to "McLean".
On Line 237, "would" is changed to "might".
On Line 247, "would" is changed to "might".
Commissioner Rieger made a motion to approve the minutes of September 18, 2012, as amended. Commissioner Winters seconded the motion, and it was approved unanimously.
Regarding the January 3, 2012, minutes:
Commissioner Cunningham made a motion to add the January 3, 2012, minutes to the Agenda. Commissioner Mihalic seconded the motion, and it was approved unanimously.
Commissioner Rieger made a motion to approve the January 3, 2012, minutes as written. Commissioner Cunningham seconded the motion, and it was approved unanimously by all who were present at that meeting.
IX. ADJOURNMENT
Commissioner Mihalic made a motion to adjourn the meeting at 8:20 p.m. Commissioner Sexton seconded the motion, and it was passed unanimously.
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Ryan Mihalic, Secretary