Conservation Commission/IWWA Minutes 03/05/2013 ADOPTED

CONSERVATION COMMISSION/INLAND WETLANDS
MARCH 5, 2013
MINUTES FROM 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:  Alan Needham, Darren Cunningham, Don Rieger, and Margery Winters.  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 Margaret Sexton and Commissioner Kottas to serve as an alternate for Nick Zackeo.

III. DISCUSSION AND POSSIBLE ACTION

a. Application #13-06 of Vera Bruun, Owner, for the extension of an existing wetlands permit on property located at 16 Weatherly Road (Map F05, Block 301, Lot 045).

Mr. Beach stated Vera Bruun came in 5 years ago for subdivision approval to separate a lot at the end of Weatherly and the Commission approved build-out of a house on the other lot.  He said normally wetlands permits are for 5 years but, because of the economy, the Legislature said they run for 6 years; however, Ms. Bruun is putting the property back on the market and it would be easier to market a house with a permit intact, rather than waiting a year to expiration.  He said the Application is the same with the continued understanding that if a buyer changes the design they must come back to the Commission for a completely new permit.  He said this Application is simply a request for an extension of the existing permit for 5 years.

Commissioner Cunningham made a motion to approve the extension as submitted.  Commissioner Winters seconded the motion, and it was passed unanimously.

Mr. Beach said the Stormwater Management Plan should be on the Agenda.  He stated it has been decided to use it initially as a policy.  Also, he said because it was specifically tailored to the Center Zone Mr. Sawitzke has now drafted a paragraph to take into account R160 4-acre bedrock parcels where infiltration is difficult.  He will email the paragraph to the Commissioners for review prior to the next meeting, as Mr. Peck would like Commission endorsement of the Plan.  Regarding using the Plan, Mr. Beach said it would be provided to applicants to review when they come in for subdivisions and zoning; although it is not a requirement, Staff would strongly suggest they consider the Plan regarding such issues as steep slopes or drainage to a wetland.  He said the Commission would likely bring it up in reviewing Applications.  He said the general concept began with considering setting up a municipal stormwater system where if infiltration could not occur onsite, it would be sent downstream and a tax levied to compensate the Town for the system built to handle it; however, it was decided such a system would not work in a Town this size.  Commissioner Rieger suggested it could be a goal for the Conservation Commission to review the extent to which this policy is being used and to calendar a discussion of these environmental issues with other commissions.  The Commissioners discussed that the last joint meeting of commissions took place about a year ago.  Mr. Beach said in the Center Zone a generic guideline works well across the whole zone, but across the Town in areas of hardpan ledge the water is cleansed in other ways.  Commissioner Winters noted there is a suite of things that can be done to infiltrate depending on the location, and it is valuable to encourage stormwater management.

Commissioner Mihalic joined the meeting at 7:45 p.m.

Commissioner Miller made a motion to take up V. RECEIPT OF NEW APPLICATIONS ahead of IV. DISCUSSION ITEMS.  Commissioner Cunningham seconded the motion, and it was passed unanimously.

V. RECEIPT OF NEW APPLICATIONS

Mr. Beach said the Applicant for #3 and #5 Linda Lane pond dredging from last year is now planning to come in.

VI. CORRESPONDENCE/ANNOUNCEMENTS

Mr. Beach said DEEP receives applications to apply treatments to water bodies in Town for algae; they approve them and notify the Town.  He said one has come in for Hopmeadow Country Club to apply Captan 1.8 gallons alum 300 lbs. to the watercourse for algae; another one is for Ferry Lane for Islers Pond using Reward, Sonar AS, Clipper, and Captan for one treatment each for algae and duckweed.

Mr. Beach said the Town adopted the State model wetland regulations in 2006, which was a global re-write, and they are now being updated. Commissioner Mihalic offered to bring in a diskette containing all the changes.  

VII. APPROVAL OF MINUTES of February 5, 2013; February 19, 2013

Commissioner Winters made a motion to approve the February 5, 2013, minutes as written.  Commissioner Rieger seconded the motion, and it was passed with Chairman Miller abstaining.

Commissioner Winters made a motion to approve the February 19, 2013, minutes as written.  Commissioner Kottas seconded the motion, and it was passed with Commissioners Cunningham and Rieger abstaining.

Chairman Miller recused himself.

IV. DISCUSSION ITEMS

a. Proposed letter to the MDC

Commissioner Rieger stated the proposed letter to MDC urges taking all reasonable and prudent steps and noted MDC's Charter encourages them to provide the water behind the dams they don't need to the Towns down the river.  Commissioner Needham liked the comment "that the water is not their asset" because of MDC's statement about how expensive it is for them to release water and give it to the Towns instead of selling it.  Mr. Beach said that in a 2009 thesis written by a UCONN law student, in reviewing water management issues, he mentioned when the State passed diversion acts, etc. they were very careful not to remove riparian rights.  He said residents of the valley have availability through the courts to file suit based on riparian rights because of water being transferred across the state.  The Commissioners noted that Robinson and Cole have been hired by UCONN for their water expertise.  Commissioner Cunningham suggested MDC should serve as a cautionary tale regarding what regionalism can bring.  The Commissioners discussed that MDC sent a large, glossy postcard to residents of Mansfield touting the deal.  Mr. Beach noted at a recent CEQ meeting, two individuals brought in citizen complaint letters to review UCONN's status as a water company; however, Mr. Blumenthal removed UCONN's status as a water company before he left office.  The Commissioners discussed this quandary and the MDC Sunday Courant editorials.  Commissioner Rieger noted following MDC's presentation at a meeting last week, Bloomfield voted to join 9 other Towns in signing Mary Glassman's letter, which she presented personally at a UCONN public hearing. 

Commissioner Rieger reiterated this proposed letter to MDC from the Conservation Commission encourages reasonable and prudent steps.  Mr. Beach agreed it is not overreaching and within the Commission's purview.   The Commissioners reviewed potential parties to copy, including DPH, which reviews water issues, DPUC, which deals with commercial water companies, e.g. Connecticut Water, and Senators Blumenthal and Murphy.

Commissioner Rieger made a motion the Commission accept the letter and request that the Vice Chairman sign it on the Commission's behalf and request Town Staff forward copies of it, as indicated, and to neighboring commissions and other interested parties bringing the letter to the attention of those persons and inviting them to express their views.

Commissioner Cunningham seconded the motion, and it was passed unanimously.

VIII. ADJOURNMENT

Commissioner Mihalic made a motion to adjourn the meeting at 8:10 p.m.  Commissioner Kottas seconded the motion, and it was passed unanimously.

___________________________
Ryan Mihalic, Secretary