Conservation Commission / IWWA Minutes 12/02/2014
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
DECEMBER 2, 2014
REGULAR MEETING
I. CALL TO ORDER
Secretary Donald Rieger opened the Regular Meeting of the Conservation Commission at 7:30 p.m. and presided over election of an Acting Chairperson in the Main Meeting Room at the Town Offices.
Commissioner Kottas nominated Margaret Sexton as Acting Chairperson.
Commissioner Purciello seconded the nomination, and the vote was unanimous.
Other members and alternates in attendance were Phil Purciello, Jim Morrison, Patrick Kottas, and Darren Cunningham. Also present were Rachel Blatt, Assistant Town Planner; Janis Prifti, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Acting Chairperson Sexton appointed Commissioner Kottas to serve as an alternate for Margery Winters and Commissioner Morrison to serve as an alternate for the Commission vacancy.
III. PUBLIC HEARING(s)
a. Application #14-38 of Greg Maglieri Development, LLC, Agent for Timothy E. and Elinor E. Ellsworth, Owners, for a Wetlands Map Amendment to define the wetlands soils on the property located at East Weatogue Street (Assessor's Map H11, Block 106, Lot 037). Zones R-40 and R-80.
Application #14-38 was read into the record and the Acting Chairperson noted the Public Hearing remained open, but the Applicant was not present
Town Staff read into the record a request for continuance received from the Applicant's representative as follows: "Rachel: On behalf of the Applicant, Maglieri Development, LLC, we are asking that you open and continue the Public Hearing on the referenced project. We need time to meet with and respond to Town Engineer's comments received yesterday. Thank you for your consideration in this matter. Please let us know when the next hearing is. Thanks. Brian Denno". Town Staff clarified that the Town Engineer's report was finalized and provided to the Applicant on 11/24/2014 and the Town Engineer is away this week; therefore, the Applicant has not had an opportunity for direct communication with the Town Engineer regarding the report. The next regularly scheduled meeting is Tuesday, 01/06/2015 and is the final day for the Commission to act, unless the Applicant agrees to a 65-day extension. Town Staff noted that continuance of a public hearing typically does not require re-posting if the Commission states for the record as part of the minutes for this meeting, the date, time and location for the continued public hearing.
Regarding the Special Meeting scheduled for 12/09/2014, it will include the items postponed from this meeting.
Commissioner Rieger made a motion to accept the Applicant's proposal of continuance.
Commissioner Kottas seconded the motion, and it was passed unanimously.
Regarding the Commission taking public comment at tonight's meeting, Town Staff recommended the Commission wait to take testimony when the Applicant is present and noted Town Staff reports related to Application #14-38 are available to the public, including the Town Engineer's report.
Commissioner Rieger made a motion to continue the Public Hearing meeting for Application #14-38 to January 6, 2015, at 7:30 p.m. in the Simsbury Town Offices Main Meeting Room.
Commissioner Kottas seconded the motion, and it was passed unanimously.
The Commissioners also noted that: 1) under Chapter 128, the Commission has 30 days to act from receipt of the Applicant's proposed Sedimentation and Erosion Control plan and, therefore, must act before January; and 2) that it was very clear from Michael Glidden's report that the plan presented was not sufficient.
Commissioner Rieger made a motion that the Conservation Commission, which is the body charged with administering Chapter 128 Sedimentation and Erosion Control, finds that the property, which is the subject of Inland Wetlands and Watercourses Agency Permit 1438 known as Talcott Estates, requires a Sedimentation and Erosion Control Plan in accordance with Section 128-4a and that Plan Sheets 3 of 6 and 5 of 6 identified by the Applicant as the Erosion and Sediment Control Plan do not meet the minimum standards for such a plan as set forth in Section 128-4d. Accordingly, the Commission denies the approval of such a plan and urges the Applicant to work with Town Staff to bring forth a satisfactory plan, and assures the Applicant of its willingness to consider a revised plan at a subsequent meeting in accordance with Section 128-5c. The Conservation Commission notes that in accordance with Section 128-4b its approval of such a plan is required, "prior to Planning or Zoning approval".
Commissioner Kottas seconded the motion, and the vote was tabled.
The Commissioners discussed administrative issues and amending the Agenda to add consideration of the Erosion and Sedimentation Control Plan.
Commissioner Cunningham made a motion to add to the Agenda for Application #14-38 Erosion and Sedimentation Control Plan consideration.
Chairman Sexton seconded the motion, and it was passed unanimously.
The previously tabled vote was passed unanimously.
The Commissioners requested Town Staff notify the Applicant right away to timely resubmit the Erosion and Sedimentation Control Plan, which must be approved prior to a decision on the permit.
IV. DISCUSSION AND POSSIBLE ACTION
a. Potential change in bylaws to accommodate filling Officer vacancies
The Commissioners noted the requirement to take action at a regular meeting 10 days after written notice has gone to everyone involved in taking such action, which would be a 01/06/2015 meeting action. The proposed change in language would no longer require waiting until September to elect officers and officers could be elected for a term shorter than 2 years. It was noted that Commissioner terms of service are staggered.
V. RECEIPT OF NEW APPLICATIONS
None.
VI. CORRESPONDENCE/ANNOUNCEMENTS
a. New procedure for filing Minutes
The Commissioners discussed the inability to file a corrected version of the minutes with the corrections/changes appearing in the next meeting's minutes. Town Staff advised the FOIA changes were approved by the BOS. The Commissioners discussed that keeping two sets of minutes would be counter intuitive and potentially confuse the public with changes noted on the next meeting's minutes. Town Staff noted minutes no longer need to be signed and must be available to the public within 7 days. The Commissioners discussed whether this revised procedure improved the process and whether the word "Draft" negated the 7-day filing requirement. The Commissioners preferred the minute’s header, "Subject to Vote of Approval" and possibly adding "See Subsequent Meeting Minutes for Possible Changes". Town Staff advised another goal was for Commissioners to vote on the minutes as soon as possible, preferably at the next meeting with the quorum present. The Commissioners discussed potentially writing to the FOIA Commission given possible confusion with the public having to look at 2 documents and how to improve the situation. Town Staff will confirm with the Town Clerk whether changes require recording and noted there have been issues getting minutes signed. The Commissioners discussed that online there are links for both draft and final minutes and this change may be oriented more toward hard copies filed. Currently, the changes are input by Town Staff and when the minutes are signed they are filed by the Town Clerk. The Commissioners suggested having the minutes "Subject to Vote of Approval" for the 7 days and continuing to finalize them, but the Commission meets twice a month and a direct response may be required from the FOIA Commission. Town Staff added that the Planning Commission also had questions. Commissioner Cunningham will work with Town Staff on developing a letter to the FOIA Commission. The Commissioners noted that even with no changes made to the minutes, they would move from "Subject to Approval" to "Approved", and the Commission would like to continue embedding any changes in those "Approved" minutes.
The Commission Open Space Committee representative advised that Fuss & O'Neill (F&O) have been retained to update the Master Plan for Simsbury Meadows for the area running from the Performing Arts Center to the river. The F&O representative’s position was that trails on the property are completely overgrown and unusable; however, the Commission representative has walked and mapped those trails and did not agree. The F&O representative noted a woman was lost in that area and the Commission representative suggested putting up signs to prevent people getting lost and that the Town perform basic trimming to improve the useability of the trails. The Commission representative noted that the whole area was alluvial soils and, therefore, wetland by law. The F&O representative's proposed solution would be to pave the state wetlands portion, but not the federal wetlands portion. While the existing bike trail is nearby, the F&O representative and Economic Development people would like this area paved for bicycles right on the river bank. The Commission representative added that the Economic Development people also believe that paving where the Town illegal gravel road is currently located would be a nice location to hold fairs, etc. In summary, the Commission representative noted that while there is a lot of interest in the area, it is not sensitive to and may be hostile to wetland concerns, and reminded involved parties that a Commission permit would be required.
VII. APPROVAL OF MINUTES of November 8, 2014 and November 18, 2014
Regarding the November 8, 2014 Minutes:
Commissioner Kottas made a motion to approve the November 8, 2014, meeting minutes, as written.
Commissioner Rieger seconded the motion, and it was approved unanimously.
Regarding the November 18, 2014 Minutes:
Line 118 is deleted.
On Line 356, the date is corrected to "12/9".
On Line 384, the word "position" is replaced with the word "responsibilities".
Commissioner Cunningham made a motion to approve the November 18, 2014, meeting minutes, as amended.
Commissioner Purciello seconded the motion, and it was approved unanimously.
Town Staff provided the Commissioners with draft notes to review in their conservation capacity advising the Planning Commission on the Tanager Hill property.
VIII. ADJOURNMENT
Commissioner Rieger made a motion to adjourn the meeting at 8:20 p.m.
Commissioner Kottas seconded the motion, and it was passed unanimously.
_____________________________
Donald Rieger, Secretary