Inland Wetland and Watercourse Commission
40 Old Farms Road, Willington, CT 06279
June 22, 2009 – 7:30 ~~PM
Meeting Minutes
Members Present:
Ken Metzler - Chairman
Dave Schreiber – Vice Chairman
Tess Gutowski
Frank Dirrigl
Leon Kouyoumjian
Members Absent:
Greg Blessing - excused
Also present:
Susan Yorgensen - Wetlands Agent
Mark Branse – Attorney
Public Hearing
K. Metzler called the Public Hearing to order at 7:41.
W2009-10 Adoption of Aquifer Regulations, Applicants: Inland and Wetland and Watercourses Commission
K. Metzler asked if the commission reviewed the Aquifer Regulations and the memo from Corrine Fitting, of the DEP, regarding 3 suggested revisions. A discussion was held on the memo from Ms. Fitting. S. Yorgensen said she did not agree with the 3rd suggestion of a maximum dollar amount. A discussion was held.
T. Gutowski commented that the draft regulations have been reviewed by their attorney, Eric Knapp, and he did provide feedback and comments.
A discussion was held on incorporating Tolland’s level A mapping once the regulations have been adopted.
K. Metzler asked if there were any comments from the public and there were not.
D. Schreiber motioned to close the Public Hearing. T. Gutowski seconded the motion. All in favor.
W2009-11 Adoption of Forestry Regulations Applicant: Inland and Wetland and Watercourse Commission
A discussion was held on the version of the Forestry Regulations that was up for Public Hearing. Attorney Branse said the draft on file with the Town Clerk is dated April 8, 2009 and this is the version that is up for Public Hearing.
The following letters regarding the proposed Forestry Regulations were received and held on file.
1. Letter from Douglas Emmerthal of DEP, dated May 18, 2009, with feedback on the regulations.
2. Letter from Douglas Emmerthal of DEP, undated, with information on the Connecticut General Statutes.
3. Letter from Willington Conservation Commission, dated June 18, 2009, with comments and recommendations.
4. Letter from Joan Nichols of the Connecticut Professional Timber Producers Association, dated June 17, 2009, with comments on behalf of the Association.
5. Letter from Joseph Voboril, Forester, dated June 22, 2009, with comments and questions on the proposed Forestry Regulations.
6. Second letter from Joseph Voboril, Forester, date June 22, 2009, with additional comments and questions.
7. Letter from Christopher Martin, Director of the Division of Forestry, regarding the proposed Forestry Regulations.
8. A copy of a Notification of Timber Harvest form was submitted by the Foresters.
9. Letter from Jeffrey Durst of Hull Forest Products, dated June 19, 2009, on his concerns regarding the proposed Forestry Regulations.
Attorney Branse said he read through the letters received and many are on policy issues.
S. Yorgensen gave a brief background of the Forestry Regulations. She said the regulations are the same regulations the Town of Kent has adopted and that had been drafted by DEP, gone for Public Hearing but not adopted. Atty. Branse said the Town of Old Lyme is proposing Forestry Regulations but they do not follow the same model.
A discussion was held on the memo from Douglas Emmerthal and Sec. 23-65k that list the towns that are currently regulating Forestry Regulations within Planning and Zoning. Atty. Branse said they are trying to standardize the practice to be with the Wetlands Commission and explained the reasons for this. He said, although this power has been delegated to Wetlands, it is not under the Wetland Statute. Atty. Branse said, if the regulations are adopted, the Wetland Commission will have to put the Wetland Regulations aside and look only at the Forestry Regulations.
K. Metzler said they would not charge a double fee for Forestry and Wetland practice. The Wetland fee would be waived if a Forestry fee was applied. He asked if the commission members reviewed the proposed regulations and they replied yes. He said they have many comments to review and discuss at later meetings and there seems to be a lot of concern about policy.
James Poole, of Spak Rd, was present. He said there isn’t documentation from the Town Board of Selectmen stating the legislative body ever seeded this practice to Planning and Zoning or the Inland, Wetland Commission. He said there is no document proving current regulations from the state were ever approved or passed. Mr. Poole said he provided many comments to the Inland Wetland Commission in the past and did not see them included in the current documents. He said there is a gap in information. He said he would like to see the regulations seeded to the state. Mr. Poole expressed his concern that the Forestry Regulations will put a hardship on the Foresters. He said the Regulations should be based on Science.
S. Yorgensen said the regulations posted with the Town Clerk have all the revisions made.
A discussion was held on Page 9, Section 4.1, and Regeneration Harvests. Michael Bartlett, of Hull Forest Products, said it is virtually impossible to protect all the seedlings. He said the best thing to do is provide sunlight. A discussion was held on the language within this section.
Frank Grimason, a Willington Resident, said a couple years ago he cut back 85 acres. He said a Forester came out to look at the land and said they did not cut enough. He said the deer is a problem. He said people should leave the land alone and it will come back. He questioned who is going to police the regulations. A discussion was held on page 10, 4.1 b. Mr. Poole said he does not think they need to artificially supply seed sources. Mr. Branse said he read this as saying the responsibility is on the harvester or land owner to prepare the land, prepare the seed bed. Mr. Bartlett said you have to cut down more trees to prepare the seed bed and it is a matter of over story.
Mr. Bartlett commented on section 3.2, Erosion, and felt it literally read that you have to seed and mulch every day. K. Metzler said it is not intended that way. Mr. Poole commented on section 3.6, Tree Marking, and felt it read that you have to mark all trees whether you are taking them or leaving them. He said the Forester’s will mark the trees they are going to take but do not mark all. A brief discussion was held.
T. Gutowski said she would like to go through Mr. Poole’s comments of 3/20/09 again and K. Metzler agreed.
Joan Nichols, President of the Connecticut Profession Timber Producers Association, said she has been a certified Forester practicing for 26 years. She said the way she understood the Public Hearing to work was the regulations were either accepted or rejected. Atty. Branse said the commission can make changes in response to the Public Hearing, they do not have to go back to Public Hearing. If the changes are not in response to the Public Hearing, they would have to go back to Public Hearing.
Ms. Nichols expressed her concerns in regards to the regulations and asked the commission to consider all comments submitted. She said the regulations drafted in 1988, by the DEP, went to Public Hearing but were overwhelmingly thrown out and the State of Connecticut did not adopt. 73 members from the CT Farm Bureau spoke in opposition. She said if the commission adopts the regulations, it will kill forestry in the Town of Willington and it will take away the right of the land owner. She asked the commission to oppose the regulations and explained the Notification of Timber Harvest form that was submitted. She said it gives all the information they would need to know. A discussion was held on the form. Atty. Branse said it was not a permit just a notification and if it was filled out with shoddy
information there would be nothing the town could do about it. Ms. Nichols said they could then sit down with the person and ask him to answer the questions differently.
K. Metzler asked about regulations that are currently in effect in Connecticut. Atty. Branse said it varies town by town. Ms. Nichols asked why the commission felt the need to do this. Atty. Branse asked if her position was that the regulations are not necessary and she replied yes.
Joe Voboril, a Forester and Willington resident, asked about the legislative body that authorized the commission to do this. K. Metzler said this was addressed by Mr. Poole and he could not find documentation. Mr. Voboril referenced his letters submitted and expressed his concerns on sections 3.1, 7, and 8. Atty. Branse said they would take a look.
Kathy Demers, of the Willington Conservation Commission, said she does encourage Forestry in town and they do not want to suppress good Forestry. She said they do encourage the Inland Wetland Commission to go forward in adopting some form of Forestry Regulations. She said the Conservation Commission is concerned about water quality. Ms. Demers commented on Section 3.1 and would like the commission to further define a cover strip and, if timber is allowed, the amount allowed within that strip. She asked the cover strip be increased along water bodies with steep slopes. Ms. Demers commented on Vernal Pools and asked the commission to increase the width. A brief discussion was held.
Mr. Bartlett, of Hull Forest Products, submitted a letter regarding his concerns. He expressed his concerns on section 3.1, Cover Strips, and section 6.3, Application Form. He asked about 6.3 (k) regarding endangered species and asked if the request would have to be submitted prior. F. Dirrigl said you can go on the internet to see if there are any endangered species within an area. K. Metzler said there is no endangered species protection required when the work is done by a private land owner.
M. Bartlett said, in Stafford, you can submit a Forestry application and get started within a week whereas in Willington is may take 2 to 3 months. He asked the commission to make the application process timelier.
K. Metzler thanked everyone for coming and said the comments were informative and useful.
T. Gutowski motioned to keep the public hearing open. F. Dirrigl seconded the motion. All in favor. The next meeting is scheduled for July 13, 2009 at 7:30.
W2009-12 Adoption of Proposed Comprehensive changes to the Inland Wetlands and Watercourses Regulations, Applicant: Inland and Wetland and Watercourse Commission
A letter was received from Denise Ruzicka, the Director of the Inland Water Resources Division of DEP, regarding information she would like the commission to reference. T. Gutowski said the commission has looked at the documents she recommends.
A discussion was held on the wording to be used on the crediting of a Forestry application against an Inland Wetland application. The following language was recommended by Attorney Mark Branse.
19.7~ Credit for Forest Practices Applications.~ Any application fee paid in accordance with the Willington Forest Practices Regulations for an activity which is also regulated under these Regulations shall be credited against the application fee payable under these Regulations.
S. Yorgensen asked if the 30.00 state fee applied to Forestry and Atty. Branse replied yes.
T. Gutowski commented that the Table of Contents in inconsistent. A discussion was held.
Ms. Demers commented on the following typos.
1. Pg 5 section 2 – definitions – take out periods.
2. Page 6 – Intermittent – move alphabetically
3. Page 9 – Change year
4. Page 12 section 4.3 – capitalize section
5. Page 13 section 7.2 Add Zoning Commission
6. Page 15 section 7.7 – indentation
7. Page 16 section 7.10 formatting issues
8. Page 21 section 8.2 – indent
9. Page 23 section 10.1 – take out “neither”
10. Front Page – Effective dates – check against old cover
Mr. Voboril said regarding Section 10.2 Criteria for Decision, he would like to see these criteria in the Forest Practices.
T. Gutowski said she would like the heading changed on Page 18, Biological Evaluation and a discussion was held.
D.Schreiber motioned to close the Public Hearing. T. Gutowski seconded the motion. All in favor.
Regular Meeting
L. Kouyoumjian left at 9:55.
K. Metzler commented that they will need 3 new commission members.
W2009-16 Application to remove existing bridge deck and upper portion of existing abutment walls. Construct new concrete abutment, new steel bridge and related road and site work. Location Ketchkes Road approx 650’ west of Moose Meadow Road Owner/Applicant Town of Willington (Received June 22, 2009 Public Hearing by July 27, 2009 Decision within 35 days after close of P.H.)
The commission members discussed having a Public Hearing. D. Schreiber motioned to hold a Public Hearing, July 27. F. Dirrigl seconded the motion. All in favor. Motion carried.
W2009-10 Adoption of Aquifer Regulations, Applicants: Inland and Wetland and Watercourses Commission
D. Schreiber motioned to adopt the Aquifer Regulations with minor modifications of grammatical errors. T. Gutowski seconded the motion. All in favor.
W2009-11 Adoption of Forestry Regulations Applicant: Inland and Wetland and Watercourse Commission
Public Hearing has been continued.
W2009-12 Adoption of Proposed Comprehensive changes to the Inland Wetlands and Watercourses Regulations, Applicant: Inland and Wetland and Watercourse Commission
This has been table until the formatting and editing modifications have been made.
Old Business
W2003-49 Notice of Violation: TravelCenters of America (the Lessee) and George Giguere of Royce Properties (the Owner) of property located at 327 Ruby Road.
A discussion was held on the need for a Spill Prevention Plan. T. Gutowski will look into.
Correspondence
1. A letter from the Willington Conservation Commission regarding the Erosion of Burma Road.
Approval of Minutes
T. Gutowski motioned to approve the minutes of 5/11/2009. D. Schreiber seconded the motion. All in favor.
Staff Report and Discussion
Nothing additional at this time.
Meeting Adjourned at 10:25.
Respectfully Submitted,
Michele Manas
Recording Clerk
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