Conservation Commission / IWWA Minutes 04/03/2018

Simsbury Conservation Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES  - Subject to Vote of Approval

Tuesday, April 3, 2018 at 7:30PM

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

PRESENT:  Margery Winters, James Morrison, Donald Rieger, Jill Powilatis, Jason Levy, and Alternate Charles Haldeman;

ABSENT:  none

ALSO PRESENT:  Assistant Town Planner Michael Glidden.

I.  CALL TO ORDER:

Chair Winters called the meeting to order at 7:30PM.

II. ROLL CALL:

1.            Appointment of Alternates.

Mr. Haldeman was seated for vacancy.

III. PUBLIC HEARING:

1.  None.

V.  OLD BUSINESS:

 1.           Applications:

a.            Application #18-02 of Robert and Christine Long, Owners, for the installation of  a 14x20 pre-fab shed/pool house in the upland review area to a wetland on the property located at 2.5 Timber Ridge Drive (Assessor’s Map F06, Block 306, Lot 029). Zone R-40OS. (received 03/06/2018; decision must be rendered by 05/10/2018)

Robert Long presented the application for the construction of a shed/pool house at the property located at 2.5 Timber Ridge Drive. Mr. Long explained to the Commission that the structure would be located north of the in ground pool within the fenced area.

Chair Winters inquired whether the area for the shed will require excavation. Mr. Long stated that no excavation will be required. The shed’s pad requires the placement of crushed stone.

M. Glidden reminded the Commission that in 2017 a permit was granted for the construction of the pool. As part of the approval, Mr. Glidden discussed some of the conditions that were associated with the pool. Mr. Glidden explained that staff was not concerned with the construction because of the location and appropriate erosion and sediment control measures associated with the shed’s placement.

Mr. Rieger inquired whether the applicant intends to store chemicals within the shed. Mr. Long answered that he does not.

Chair Winters asked members whether they had any other questions of the applicant.

Motion: Mr. Morrison made a motion that the application is considered a regulated activity because it is located within an area of upland review. Mr. Rieger seconded the motion. The motion passed unanimously.

Motion: Mr. Morrison made a motion that the application is not a significant activity because it is located outside the wetlands and appropriate erosion and sediment controls are provided to protect the wetlands. Mr. Rieger seconded the motion. The motion passed unanimously.

Motion: Mr. Morrison made a motion to approve application #18-02 subject to the special and standard conditions contained in staff report. Ms. Powilatis seconded the motion. The motion passed unanimously.

b.            Application #18-03 of Sally S. Rieger, Trustee, Applicant; Simsbury Land Trust, Owner; for the construction of a small bridge over a watercourse in the wetlands on the property located at Hartford Road (Assessor’s Map H15, Block 109, Lot 004). Zone R-40. (received 03/20/2018; decision must be rendered by 05/24/2018)

Chair Winters and Mr. Rieger recused themselves for the application because both are members of the Simsbury Land Trust. Vice Chair Morrison served as Chairman for this application.

Sally Rieger presented the application on behalf of the Simsbury Land Trust. She explained the intent for the construction of a bridge similar to one which was construction previously by the Land Trust. Plans, maps, and descriptions of the proposed work were presented to the commission specific to the footbridge construction.  Mrs. Rieger stated that no soil disturbance was anticipated for the foot bridge construction. All the work associated with the construction would be performed by hand.

Acting Chair Morrison asked whether any members had questions of the applicant regarding this application.

Motion: Mr. Haldeman made a motion that the application is considered to be a regulated activity because it involves activity that is located within mapped inland wetland soils. Mr. Levy seconded the motion. The motion passed unanimously.

Motion: Mr. Haldeman made a motion that the application is not considered to be a significant activity because all the work will be done by hand. Mr. Levy seconded the motion. The motion passed unanimously.

Motion: Mr. Haldeman made a motion to approve application #18-03 subject to special and standard conditions contained within staff report. Mr. Levy seconded the motion. The motion passed unanimously.

V.  NEW BUSINESS:

1.            Receipt of New Applications

Mr. Glidden reported that one application has been received for the construction at the residence located at 6 Pond Side Lane. Mr. Glidden informed the commission that the application involved construction activities which were within 60 ft of a pond.

VI. GENERAL COMMISSION BUSINESS:

1.  Approval of the Minutes of the APRIL 3, 2018 Regular Meeting.

The April 3, 2018 regular meeting minutes were accepted as submitted.

2.            Fracking Ordinance

Rene Bradford spoke the Commission regarding a proposed ordinance concerning the importing and deposition of fracking waster for the Town of Simsbury. She stated though that 2 bills were reported out of committee at the General Assembly House Bill 5454 and Senate Bill 103. These pieces of legislation would negate the need for such an ordinance. She asked for members of the Commission to contact legislators to support these bills so that an ordinance is not required. Ms. Bradford however stated if the general assembly does not act on these bills then members will be back to present a proposal for a fracking ordinance to the Board of Selectmen and would like support from members of the Conservation Commission.

Ms. Powilatis questioned on why prohibiting appropriately storage of material. She felt blanket prohibitions on businesses could be harmful and would like to see more information on the harm from said activities.

3.            Simsbury Meadows

M.Glidden informed the Commission that the Director of Planning was not at the meeting to present workshop on the matter. Staff met with Counsel on applications for some activities at Simsbury Meadows however Mr. Glidden did not have an update on specifically when applications would be submitted to the Commission.

Mr. Rieger expressed concern over time that it has taken to get responses such as Workshops that were promised in April of 2017, response to expert witness from Counsel in July of 2016, and response to correspondence from Performing Arts Center concerning application of pesticides.

M. Glidden offered to prepare correspondence on behalf of the Commission for the next meeting which would request follow and written time table on the status of updating the addressing of such issues.

Mr. Rieger informed that commission that there are two options available, one if they can go out and seek legal representation from an attorney that is willing to work pro-bono, and two CTDEEP can take over the functions of the local commission. Mr. Morrison referred to a report prepared by R.Blatt in 2015 as a reference of how long the commission has been waiting.

4.            Forestry Management discussion & workshop

Chair Winters asked if any members of the public wish to speak.

Helen Peterson addressed the Commission. She reminded members and staff to sign up for the April 26, 2018 forum.

Susan Masino thanked the commission for the time and consideration of public audience on the subject of forestry management. She however disagreed with comments and the vote which was taken on Onion Mt plan. Ms. Masino felt that an ecologist is needed to look at the forest. She gave comments on plans itself and the fact they were draft in nature. Ms. Masino felt that at the meeting when the vote was taken that town staff intervened in the process. She encourages others to watch the video at the one hour mark so that they can see what she was speaking of.

Dianne spoke to concerns of proceeding on Onion Mt Plan.

Chair Winters asked to review the letter submitted on behalf of the subcommittee.

Mr. Haldeman commented to the group that the letter provided should summarize a lot of the conversations which have been held on the subject.

Mr. Rieger summarized the letter to the Commission.

Mr. Haldeman stated that more activity in the forests leads to more issues.

Susan Masino asked whether the third paragraph could be moved in the letter to the first. Mr. Rieger disagreed and felt that the action stated in the first paragraph should remain in its place. He felt Mr. Rabbitt did not influence or force the vote at the meeting. Mr. Haldeman stated he made the motion to vote on the plan.

Chair Winters stressed the importance of seeking alternative sources of funding for managing town forests.

Helen Peterson stated the Onion Mt Plan was developed and first approved in 2014. Since 2014, science and practices have changed. Chair Winters referenced the changes which are occurring in Massachusetts regarding forestry management.

Members reviewed the body of the letter as a group. Mr. Rieger and Mr. Morrison reviewed edits to the first paragraph with the group. The revised wording was read by Mr. Rieger to the group. Chair Winters asked whether any member was not supportive of the changes to the letter. No comments were made. Mr. Rieger offered to revise the letter and would send it to staff to distribute.

5.            Referral from Zoning Commission: Floodplain Regulations

M. Glidden presented changes to the zoning regulations which are scheduled for a public hearing on 04/16/2018 with the Zoning Commission. He asked for an endorsement from the Commission on these changes.

Motion: Mr. Rieger made a motion that the proposed text amendment by the Zoning Commission raises no concerns from the Inland Wetland and Watercourse Agency. Mr. Levy seconded the motion. The motion passed unanimously.

M. Glidden informed the Commission that they received correspondence on behalf of Gifts of Love requesting a determination of as-of right activities associated with the installation of fencing around the perimeter of agricultural fields located within mapped inland wetland soils.

Motion: Mr. Morrison made a motion that pursuant to Section 4.1 of Simsbury Inland Wetland and Watercourse Regulations. Mr. Rieger seconded the motion. The motion passes unanimously.

VII.   ADJOURNMENT:

MOTION:   Mr. Haldeman made a motion to adjourn at 9:30PM which was seconded by Mr. Morrison; the motion was unanimously approved.

Respectfully submitted,

Michael Glidden CFM CZEO

Assistant Town Planner