CONSERVATION COMMISSION/INLAND WETLANDS
AND WATERCOURSES AGENCY MINUTES
REGULAR MEETING - TUESDAY, November 15, 2005
SIMSBURY TOWN OFFICES - 7:30 P.M. - MAIN MEETING ROOM
I. CALL TO ORDER
Chairman Richard Miller called the Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:33 P.M. in the Main Meeting Room at Simsbury Town Hall. The following members were present: Margery Winters, John Yocom, William Nowak, Ryan Mihalic, Christopher Ursini, Andrew Bucknam, and Howard Beach, Conservation Officer.
II. APPOINTMENT OF ALTERNATES
None
III. PRESENTATION, DISCUSSION AND POSSIBLE VOTE
A. Application of Application of David and Judith Cosenza, Owners, for an Inland Wetlands Permit to construct an inground pool and shed within the regulated area on property located at 2 Pia Lane. (tabled at 11/1/05 meeting)
Ms. Cosenza was present to speak with the Commission.
They wish to construct an inground pool and shed located approximately 60-70 feet from the wetland. The wetland is 75-80 feet from the back of the house. The land slopes gently to the wetland. The site will be left open for 1-1/2 weeks. A silt fence will be implemented and disturbed soils will have a thin layer of hay mulch to stabilize the soil and prevent erosion. They will have a professional pool cleaning service to clean and drain the pool of the chlorinated water and take it off site, so as not to purge it into the wetland. Because the work is beginning in the fall and finishing in the spring, the area will be checked and maintained for problems with the silt fence, etc., during the winter season to be sure everything stays in place until work commences in the spring.
Motions
A motion was made by Commissioner Bucknam that this is a regulated activity by reason of disturbance within the upland review area of a wetland.
The motion was seconded by Commissioner Ursini, and carried unanimously.
A motion was made by Commissioner Bucknam that this is not a significant activity due to the distance (60-75 feet) of the wetland to the proposed project site, and the minimal possibility of siltation reaching the wetland given the slight slope of the lot.
The motion was seconded by Commissioner Yocom, and carried unanimously.
A motion was made by Commissioner Bucknam to grant a permit for the proposed activity, with the conditions set forth in the staff report. It is understood that to prevent erosion over the winter season the silt fence, hay mulch and exposed soil will be maintained. It is understood that the applicant will take care to not discharge any chlorinated into the wetland once the pool is operational. It is understood that any excavated soils that that are stockpiled will be tarped over during the winter season until the work in the spring commences.
The motion was seconded by Commissioner Ursini, and carried unanimously.
IV. APPROVAL OF MINUTES of September 27, 2005 and November 1, 2005
A motion was made by Commissioner Bucknam to approve the minutes of September 27, 2005.
Commissioner Yocom seconded, with all in favor.
Minutes of November 1, 2005 will be discussed at the next meeting.
Motion
Commissioner Bucknam made a motion to amend the agenda to include a discussion/vote on the Cease and Desist Order for 6 Hallview Drive. The item becomes Number V. on the agenda.
Commissioner Winters seconded with all in favor.
CEASE AND DESIST ORDER- 6 Hallview Drive.
Conservation Officer Beach stated that the site is still not cleaned up and asked the Commission to make a motion to request that the Board of Selectman proceed with an injunction against 6 Hallview Drive.
Conservation Officer Beach discussed how the site looks currently. He noted that the $90 per day fine, begun August 2005, is still in effect, and that the owner is not living in the house because the occupancy permit will not be issued until the problem has been rectified.
The Commission discussed the ramifications of ordering an injunction and if the town attorney has been asked his opinion. Conservation Officer Beach stated that the town has enough backup correspondence to make their case.
Motion
A motion was made by Commission Bucknam that given that the Commission’s repeated and continuous correspondence with the owner of 6 Hallview Drive has been met with little response, the Commission recommends to the Board of Selectman to proceed with an injunction, the next and only logical step to take in order remedy the situation.
Commissioner Nowak seconded, with all in favor.
VI. DISCUSSION
The next meeting will include a public hearing to discuss the adoption of the regulations.
Conservation Officer Beach stated that Ethel Walker School might come before the Commission in December to discuss a renovation to their horse barns.
Conservation Officer Beach stated that the development of the EWS property has had no further progress in its’ development.
Meadowoods. Conservation Officer Beach stated that there have been talks about it with the town.
Rt. 10 Big Box Retail Site. Conservation Officer Beach stated that there are not currently any proposals in the works. The Commission discussed the possibility of them hearing reviews of these applications.
Conservation Officer Winters discussed information she received/heard at the meeting of CT Associations of Conservation Commissions and Inland Wetlands. She discussed the speakers she heard who discussed storm water run-off issues. She expressed her concern that the Commission should hear applications, which could impact the wetlands even if the construction is more than 100- feet from the wetland, especially if it concerns a big box retailer who wishes to input an asphalt parking lot.
Regulations. Conservation Officer Beach stated that a change was made to the new regulations. Under the section specifying mapping, it was written in that the applicant must supply the final mapping in digital format, either CAD 2004 or the latest computer aided design format. Conservation Officer Beach stated that the regulations currently being looked at by the town attorney. Specific wording was written in to the regulations as well.
Commissioner Winters discussed The Environmental Review Team who presented at the meeting she attended. She stated that Simsbury is just one of thirteen towns in Connecticut who have not utilized their services. She stated that their services are free and can be used as expert testimony to be used during an application as well as a pre-application. She noted that it takes 2–3 months to get their services. In discussing the ERT’s merits to the Commissions, she added that The ERT is made up of experts in their fields. She expressed that the other Commissioners take a look at their website. The possibility was discussed using them for the EWS site.
VII. CORRESPONDENCE/ANNOUNCEMENTS
None
VIII. ADJOURNMENT
Commissioner Bucknam moved to adjourn the meeting at 8:30PM.
Commissioner Mihalic seconded with all in favor.
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