Conservation Commission / IWWA Minutes 03/19/2019
SIMSBURY CONSERVATION COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES
TUESDAY, MARCH 19, 2019-7:30pm
SIMSBURY TOWN HALL-SIMSBURY BOARD OF EDUCATION-CONFERENCE ROOM
933 HOPMEADOW STREET, SIMSBURY, CONNECTICUT
I. CALL TO ORDER
The meeting was called to order by Chair Winters at 7:30pm.
II. ROLL CALL
1. Appointment of Alternates
Present: Margery Winters, Jason Levy, Donald Rieger, Kevin McCusker, James Morrison, Donald Eaton, Charles Haldeman
Absent: Grant Gritzmacher
Alternates: None
Staff Present: Robin Newton, Assistant Town Planner
III. PUBLIC HEARINGS
1. a. None
IV. OLD BUSINESS
1. Applications:
a. None
V. NEW BUSINESS
1. Receipt of New Applications
VI. GENERAL COMMISSION BUSINESS
1. Approval of the Minutes of the January 15, 2019 regular meeting.
No errors.
2. Complex Application Fee Discussion
Robin Newton and the Conservation Commission discussed presenting a proposal to the Board of Selectmen. The proposal (via letter) is about ascertaining funds to assist town applicants by providing them with professional consultants regarding land use.
Specifically, the letter would ask the First Selectman, Mr. Eric Wellman, to assist in asking the Board of Selectmen to revise Chapter 85-6.1 of the town code to “facilitate the commission’s use of outside experts.”
Newton explained that professionals can be used at the applicant’s expense, but they are only available for “large and complex projects, “but the definition of large and complex doesn’t not fit with the Conservation Commission.
Robin Newton stated that there is a model regulation that can be used to adjust the language, if needed.
Chair Marjory Winters stated that she would be happy to sign the letter to the Board of Selectmen regarding the proposal.
MOTION: Commissioner Rieger made a motion to have Chair Winters sign the letter and send to the Board of Selectmen. Commissioner Jason Levy seconded the motion. The motion pass unanimously at 7:39pm.
3. Simsbury Meadows Outstanding Issue Discussion and Disposition Strategy
The Conservation Commission and Ms. Newton discussed the outstanding issues located in or around the Simsbury Meadows Performing Arts Center. Robin stated that one of the main issues is with the fireworks road. The road is located in the wetlands area.
Commissioner Rieger added that there is an obvious violation because “we don’t know where the fireworks road came from.” Rieger also stated that at this point coming forward to get a permit for the road is not the main concern because the road already exists. He suggested that we would need professional advice to be able to determine how much damage the road has already done. Chair Winters stated that more damage may be done if the road is removed as opposed to just leaving it.
Ms. Newton also added that the town should be setting the bar when it comes to permits. If the public needs to ascertain a permit, then the town does as well. Ms. Newton stressed that there are a lot of new staff members who are dedicated to ensuring this will take place. Ms. Newton stated that only in-depth and complete applications with specific data will be taken into consideration.
The commission discussed that certain protocol needs to take place in the event of an emergency. If immediate work needs to be conducted, then the staff and commission should become aware of the work as soon as possible.
Commissioner Rieger stated that someone has dumped multiple bags of leaves in the wetland. There is an illegal office put in place, along with 2 porta lots, a non-permitted parking lot, and a non-permitted chain-link fence around the dog park which is affecting the turtle population.
Commissioner Levy and Morrison stressed that the “foot path” is being used as a road, and Ms. Newton stated that trucks use the road to bring items into the Meadows area. Commissioner Rieger suggested to block the foot path off so it can only be used for its intended purpose. Chair Winters agreed to use a gate to year-round and take it down as required for events.
Chair Winters stated that there should be a new walk-thru to take place for the new commissioners. Ms. Newton agreed, stating that commissioners let her know when they are available for walk-thrus.
4. Wetland Agent Appointment- Discussion of Compliance with Model Regulations & Statute
Robin Newtown stated that the Conservation Commission regulations includes a section that states “we give our authorized agent the ability to approve conditions or activities, but only after the chairman knows about it.” She stated that this circumvents how this is supposed to be stated in the town statute.
Ms. Newton stated that the commission doesn’t need to authorize the agent to do anything but if they are going to, then the state statute should be following accordingly.
Ms. Newton stated that anything she approved will come back to the board anyway.
Chair Winters stated that the commission has not been through the regulations in a long time, and that a review and update should take place. Ms. Newton stated that the commission should do this each meeting when there are limited or no applications.
MOTION: Commissioner Jason Levy made a motion to promote Robin Newton as the primary wetland’s agent. The motion was seconded by Commissioner James Morrison. The motion passed unanimously at 8:24pm.
5. Correspondence
a. Solitude Lake Management – Aquatic Pesticide Permit Application, March 4, 2019
After review of a Permit Application for the Use of Pesticides in State Waters:
Chair Winters questioned what was washing into a quarter-acre pond located on the property at 52 Old Stone Crossing in West Simsbury. The commission is concerned about the amount of pesticide being used in the pond.
Commissioner Rieger stated that since the pond feeds into Nod Brook, and Nod Brook feeds into the Farmington River, then the “people should be held to a high standard of showing whether or not there is a real need for this.”
Robin Newton stated she recommends a walk-thru at this location and told commissioners to let her know when they are available.
VII. ADJOURNMENT
MOTION:
Commissioner Rieger made a motion to adjourn the meeting. Commissioner Levy seconded the motion. The motion pass unanimously and the meeting adjourned at 8:39pm.