Conservation Commission / IWWA Minutes 10/07/2014
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
OCTOBER 7, 2014
REGULAR MEETING
I. CALL TO ORDER
Chairman Rich Miller 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 Phil Purciello, Jim Morrison, Darren Cunningham, Margery Winters, and Donald Rieger. Also present were Michael Glidden, Code Compliance Officer; Rachel Blatt, Assistant Town Planner; Janis Prifti, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairman Miller appointed Commissioner Morrison to serve as an alternate for the Commission vacancy.
III. DISCUSSION AND POSSIBLE ACTION
a. Application #14-33 of Gerard Toner, Agent for Town of Simsbury, Owner, for the regulated activities of paving an existing driveway in a wetland on the property located at Hartford Road (Map G15, Block108, Lot 001B). Zone R-40.
The Applicant noted a 10/3/14 memo from Town Staff was provided to the Commissioners describing the project, which was included in the Capital Improvement Plan for this year. A sketch was included showing where driveway paving with minimal re-grading would take place this fall; the intent would be to limit erosion in a heavily used area and resolve an ongoing maintenance and safety issue. Regarding erosion, Town Staff indicated the plan was to notify the public on the website, with signs, and to also block the area off; fine grading of existing material would take place with paving following the next day to improve protection for the area which is far from the river.
Commissioner Cunningham made a motion that this is a regulated activity because it is within the mapped wetland soils.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Cunningham made a motion that it is not a significant activity due to its distance from the wetland and the nature of the project, which is merely grading and paving.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Cunningham made a motion to grant the permit subject to any further occurrences that may come up due to weather or other conditions as identified by Town Staff.
Commissioner Morrison seconded the motion, and it was passed unanimously.
b. Application #14-34 of Gerard Toner, Agent for Town of Simsbury, Owner, for the regulated activities of paving an existing driveway in a wetland on the property of Curtiss Park, located at Quarry Road (Map J06, Block 102, Lot 002). Zone R-40.
The Applicant indicated this roadway entrance area presented continual maintenance problems from erosion requiring re-grading; the Soccer Club will donate $10,000 toward the cost with the Town portion funded through the field maintenance account. Pictures were provided to the Commissioners and Town Staff believed paving this fall over a few days would improve accessibility to this heavily used area. The closest storm drain was on the road and the graded parking lot closed drainage system outlets to the river directly with inlet structures adjacent to the soccer field; the catch basin is in a turfed area swale toward the south and the Commissioners felt it should be protected with hay bales.
Commissioner Cunningham made a motion that this is a regulated activity because it involves work within the wetland soils.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Cunningham made a motion that it is not a significant activity due to the lack of work required in and around the wetland soils and the minimization techniques discussed.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Cunningham made a motion to grant the permit subject to Staff's input as to how to minimize effect on the wetlands.
Commissioner Morrison seconded the motion, and it was passed unanimously.
c. Referral to Planning Commission on 2-lot re-subdivision at 5 Pinnacle Mountain Road
The Commissioners discussed their jurisdiction under Chapter 128 to ensure a proper erosion and sedimentation plan be put in place when they see a potential impact. Town Staff indicated a Public Hearing is scheduled for this subdivision on 10/14/14.
Commissioner Rieger made a motion to accept the attached draft dated 10/7/2014 as the Commission's referral back to the Planning Commission.
Commissioner Cunningham seconded the motion, and it was passed unanimously.
IV. RECEIPT OF NEW APPLICATIONS
a. Application #14-35 of Gerard Toner, Agent for Town of Simsbury, Owner, for the regulated activities of constructing a boardwalk in a wetland on the property located at Pinnacle Mountain Road (Map I11, Block 106, Lot 039). Zone R-80.
Town Staff indicated this Application is for a boardwalk connecting Pinnacle Mountain Road to the Darling Wildlife Sanctuary and will be heard at the next meeting. Commissioner Rieger will recuse on this matter due to originating the idea of a trail through Darling at the Open Space Committee where it was approved; similar to other trails, it crosses some wetland, requires about 40 feet of 6x6's on the ground, and is a Town project.
Town Staff noted additional applications were received.
Commissioner Cunningham made a motion to amend the Agenda to add under RECEIPT OF NEW APPLICATIONS an Application concerning the Stoddard Reservoir located on West Mountain Road.
Commissioner Winters seconded the motion, and it was passed unanimously.
Town Staff reviewed that this Application was to lower the 10-foot deep water level in the Stoddard Reservoir in order to perform maintenance and then return it to the normal state. It would include removal of material from a wetland and will be on next meeting's Agenda.
Another pending Application was provided to the Commissioners for the top of Talcott Mountain Road at Tanager Hill establishing a private road to access 3 new lots and open space. Commissioners Rieger and Winters will recuse. Town Staff noted that the Applicant, Maglieri, would appreciate guidance about details of concern and the Commissioners suggested Town Staff talk with them and ask for as many details as possible. A Town wetlands map of the area was shown to the Commissioners with construction proposed in the meadow area; the Commissioners noted that topo lines fall quickly down toward the wetland with the steeper slope not allowing building further back into the property; acreage per lot was just over 2.0 and 5.8 and wraps around toward wetlands.
Commissioner Cunningham made a motion to amend the Agenda to include receipt of Applications for a three-parcel development on Talcott Mountain Road.
Commissioner Morrison seconded the motion, and it was passed unanimously.
V. CORRESPONDENCE/ANNOUNCEMENTS
a. Rivers Alliance
The Commission was invited by Rivers Alliance to send a letter of encouragement to the EPA and Corps of Engineers in support of their proposed regulations under the Clean Water Act. Currently, the Clean Water Act says, "waters of the United States", which has caused uncertainty regarding the scope of protections provided by the Clean Water Act. The proposed rulemaking in the Federal Register endeavors to clarify the scope and generally broaden it, but at the end of the list are "other waters" which could flow intermittently and not connect to other waters; arguments could be made why jurisdiction should extend to those waters which perform valuable wetland services as well. The proposed letter would encourage rule makers not to forget about the "other waters" and that further scientific developments could elevate them to protected status. What was proposed was to codify in rulemaking under the law the kind of compromise that came out of the Supreme Court case for a broad definition that looked for a logical nexus for various waters, not necessarily a connection between them or perennial flow. The proposal would add the Conservation Commission as a signatory to the letter encouraging the EPA and Corps of Engineers in their efforts to clarify the law and adopt those rules; consent of all the Commissioners was desirable.
Commissioner Rieger made a motion proposing the Commission authorize the adding of its name as a signatory to the draft letter it had seen.
Commissioner Winters seconded the motion, and it was passed unanimously.
VI. APPROVAL OF MINUTES of September 16, 2014
On Line 11, the spelling of "Marjorie" is corrected to "Margery".
On Line 41, the word "and" is corrected to "an".
On Line 123, the word "properties" is corrected to "property's".
On Line 388, the spelling of "CACTWC" is corrected to "CACIWC".
On Line 405, the words "A Public Hearing would be held" are deleted and replaced with, "A discussion would be held".
On Line 411, the words "The Public Hearing" are deleted and replaced with, "The discussion".
Commissioner Rieger made a motion to approve the September 16, 2014, minutes, as amended.
Commissioner Winters seconded the motion, and it was passed unanimously.
VII. ADJOURNMENT
Commissioner Purciello made a motion to adjourn the meeting at 8:15 p.m.
Commissioner Winters seconded the motion, and it was passed unanimously.
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Donald Rieger, Secretary