MEMBERS PRESENT: Betty Warren, John Phillips, Carol Heffler, John Blondin, Audrey Delnicki, Barbara Kelly
ALTERNATES PRESENT: Hugh Brower, sitting for Richard Muller
Roy Szoka, sitting for Timothy Appleton
STAFF PRESENT: Jeff Folger, Environmental Planner/Conservation Officer
Donna Thompson, Recording Secretary
THE FOLLOWING ARE MOTIONS MADE DURING THE REGULAR MEETING OF THE INLAND WETLANDS AGENCY/ CONSERVATION COMMISSION – MADDEN ROOM
Chairperson Warren called the meeting to order at 7:00 pm
ITEM: PUBLIC PARTICIPATION: None
ITEM: PERMIT EXTENSIONS: None
ITEM: CORRESPONDENCE AND REPORTS
Chairperson Warren received a letter from the DEP affirming the approval for the upgrade to the Sewer Treatment Plant. Invitations from the town have been received for the ground breaking ceremony on June 23, 2009 at 5:30 pm.
ITEM: BONDS: None
ITEM: MINUTES: 05/06/2009 & 05/20/09
Motion to: approve minutes from 05/06/2009 & 05/20/09. Approved by consensus.
ITEM: CONSERVATION COMMISSION
Mr. Folger stated that trail building projects continue: in Wapping Park, bridge over Podunk.
Chairperson Warren presented copies of an article from the Hartford Courant featuring the Niederwerfer Wildlife Sanctuary. Recognition of the Sanctuary is appreciated.
ITEM: WETLAND OFFICER’S REPORT
Mr. Folger reported on the relocation efforts for the tiger beetles. So far, 300 larvae and 50 adults have been moved to the brickyard area - this location is now maxed out. There are 2 additional potentially suitable sites – 1 is to the west of the VMP property (unauthorized ATV activity has created a sandy environment). The other is the Barton property (an area can be created in the pine forest). DEP will review the sites to see if they are suitable. The beetles are more common in SW than thought - most are in I-291 site. Mr. Folger estimated closed to 1,000 tiger beetles will be relocated. Chris Davis, Contract Biologist with US Fish and Game, whose specialty is tiger beetles, is collecting the beetles. Mr. Folger stated that the tiger beetle habitat is not as
restricted as first thought. Most of the larvae are being found in a transitional area between sand dunes and meadow. Information collected from this project will be added to the data base for future reference.
ITEM: PUBLIC HEARING: None
ITEM: NEW BUSINESS:
McLeod Conservation Easement Application – 848 Strong Road – Application to install a horse pasture within an existing conservation easement.
Chairperson Warren stated that the Commission has dealt with this easement issue in the past for a previous owner. The easement was set up by Will Mar Construction at the time the houses were built. This is a use of right in the easement as it is an agricultural use. Chairperson Warren stated that it was not necessary for Mr. McLeod to approach the Commission, but appreciates that he did so. In the past, other residents have approached the Commission regarding proposed grazing activities that are allowed under such an easement.
Mr. Folger stated that the opinion of the Town Attorney is that Mr. McLeod’s proposed grazing of horses is an exemption as listed in the easement and, as such, the clearing of trees in the area is part and parcel with this activity. The watercourse on the property needs to be protected from clearing activities – must use silt fence during that time. Mr. Folger stated that this ditch is deep and holds quite a bit of water – thus functioning as a vernal pool at times. Due to Mrs. Conrad’s concern for the increased water retention in the ditch where it crosses her property, Mr. Folger will try to determine whether there is any blockage of an exit point from the ditch on Mr. Aman’s property.
Todd McLeod said that the part of the ditch on his property does not have water in it, unlike the part of the ditch on Mrs. Conrad’s property and Mr. Aman’s property. Mr. McLeod said there is no need to build a bridge over the ditch as there is a 30’ area already established for that purpose. Mr. McLeod stated that he will install a silt fence during the tree clearing activity and will be fencing off the area around the ditch later. Mr. McLeod will be planting feed hay that is indigenous to the area.
Commissioner Kelly suggested to Mr. McLeod that HEAP (Horse Environment Awareness Programs) could offer him guidance for various aspects of horse waste management - protecting the water quality with fencing, vegetative buffer. Mr. McLeod stated he is interested in contacting HEAP.
Mr. Folger stated that he discussed with Mr. McLeod the need for a staging area for brush when clearing the trees. It should be as close to the existing shed in the yard as possible and as far away from the watercourse as possible. Mr. Folger addressed the issue of a stockpile of top soil in the yard. Mr. McLeod intends to use this top soil in the back area he will be clearing.
Mrs. Conrad, 864 Strong Road, is concerned about the effect on her property in regard to more water accumulation once the trees are cut down on Mr. McLeod’s property. Mrs. Conrad stated that there is a great deal of water in the area. Mrs. Conrad stated that the ditch was originally constructed to try to dry out the land so that it could be farmed – it was never farmed. Mrs. Conrad said that at least an acre of trees (very many trees) is going to be cut down and she wants to know where all the water is going to go once this happens – she said she knows it is going to go onto her property. Mrs. Conrad stated that when a smaller area of trees was removed prior to Mr. McLeod owning the property, more water came into her yard than had been there before.
Chairperson Warren stated that there is no way to know how the changes on Mr. McLeod’s property will affect Mrs. Conrad’s property – no one could know the answer to this question. Mrs. Conrad stated that she knows it happened that way in the past.
Commissioner Kelly said that changes in cover type do affect run-off. The Commission deals with determining where it has regulatory authority or not, and in the interpretation of the conservation easement. The Commission recognizes the agricultural exemption to the wetland regulation and the creation of pasture is part of the agricultural exemption. This is not something the Commission has control over or can regulate. The interpretation of the easement has been determined by the Town Attorney. The Commissioners concurred that this is not a wetlands issue.
Mr. Folger stated that he brought Mrs. Conrad’s concerns to the Town Engineer. In comparing the existing woodland to pasture land, with the greater density of vegetation on the surface of the ground and the chance of evaporation without the shade there, the Town Engineer feels that there would not be much difference as far as surface flow is concerned. The Town Engineer agreed that it is extremely difficult to try to predict or model what would happen by the removal of trees on ground water.
Move a finding: that the proposed activity for creating a horse grazing area on property located at 848 Strong Road is a permitted as of right under section 4.1.A. of the South Windsor Inland Wetlands, Watercourse and Conservation Regulations and is permitted under the easement as recorded in volume 467, page 151.
Was made by: Commissioner Phillips
Seconded by: Commissioner Blondin
The motion carried and the vote was unanimous.
ITEM: OLD BUSINESS: Regulation subcommittee update – nothing new to report
ITEM: OTHER BUSINESS: None
ITEM: APPLICATIONS RECEIVED:
Appl. #09-24P – South Windsor Stone and Landscaping – 287 Strong Road – IWA/Conservation Commission application for a site plan for a garden center property located southerly of Strong Road and easterly of John Fitch Blvd. Industrial (I) Zone.
ITEM: ADJOURNMENT
Motion to: adjourn the meeting at 7:44 pm
Was made by: Commissioner Heffler
Seconded by: Commissioner Philips
The motion carried and the vote was unanimous.
Respectfully Submitted,
Donna Thompson
Recording Secretary
Approved: June 17, 2009
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