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Inland Wetlands & Watercourses Commissions Minutes 04-08-2009
TOWN OF GRANBY

INLAND WETLANDS AND WATERCOURSES COMMISSION
MINUTES
April 8, 2009

PRESENT: Chairman David Tolli, Barry Avery, Eric Lukingbeal, Richard Martindale, Charlie Katan, Richard Van Nostrand, and David Askew, Technical Advisor to the Commission.

Chairman Tolli called the meeting to order and confirmed a quorum at 7:04 p.m.

ON A MOTION by Mr. Avery, seconded by Mr. Lukingbeal, the commission voted (5-0-0) to accept the minutes of the December 10, 2008 meeting.


PUBLIC HEARINGS
None.

WETLAND BOUNDARY CHANGES
None.

NEW APPLICATIONS
No applications.

CEASE ORDER:
5a. Cynthia Anne Berkowitz, 63 Cooley Road (11/2/2005)
Executive session to discuss proposed pre-trial settlement.

ON A MOTION by Mr. Lukingbeal, seconded by Mr. Avery the commission enters executive session at 8:00 p.m. as allowed in the Freedom of Information Act.  All present commission members and Mr. Askew remained for the duration of the discussion.  Also present is Mr. Don Holtman, town attorney representing the Inland Wetlands and Watercourses Commission.  (6-0-0)

ON A MOTION by Mr. Lukingbeal, seconded by Mr. Van Nostrand, the commission exits executive session at 8:47 p.m. (6-0-0)

REPORT OF DESIGNATED AGENT:
6a. Request for Review – Signed
        None

6b. Request for Review – Pending
84 Lost Acres Road, farm pond for vineyard
        David Askew has visited the site and proposed location of the pond.  The plan is to make a pond 175’ x 250’ with no proposed depth for purposes of having water available for the crops.  Four test pits have been dug to test for viability.  Planting of the grapes is anticipated for spring of 2010 to give time to properly amend the soil.  Mr. Jenkins, neighboring landowner, expressed his strong concerns about the possibility of over spill of the proposed pond and the potential adverse effect on his property and water source.  The commission explained that they have limits as to what conditions they may evoke on projects.  They are bound by the regulations and state statutes.  

ON A MOTION by Mr. Avery, seconded by Mr.Tolli, the commission accepts the request for review since the proposed activity is a use as of right (farm exemption) as defined in the regulations and statutes.  (3-0-3)  Mr. Avery, Mr. Lukingbeal and Mr. Martindale abstain.

MISCELLANEOUS:
7a. Manitook Lake, milfoil
Commission members discussed the use of herbicides in a large-scale area.  Mr. Avery has very strong concerns about the effects of herbicides on species other than milfoil.  Mr. Lukingbeal has researched milfoil herbicides (for out of state concerns) and has concluded that if applied correctly by licensed experts there is little or no concern.  Mr. Van Nostrand adds that the Department of Environmental Protection (DEP) has worked with the Food and Drug Administration (FDA) to approve and certify herbicides.  Mr. Askew will draft a letter to the Manitook Lake committee asking whether or not consideration has been given to the potential effect of Salmon Brook and neighboring watercourses.

7b. Freedom of Information Act (FOIA) Seminar
Chairman Tolli learned that anything to be added to the agenda after it has been posted requires a two-thirds vote.  The same applies to executive sessions.

7c. Rivers Alliance Conference information
The main points gleaned from the conference include reduction/elimination of vegetation removal from stream-sides; maintenance of river/pond banks with shade and vegetation to protect the water; and the use of natural means to divert/redirect water.  It is preferable to put the water back in as it was taken out.  Avoid pipes and curbs and use swales and berms.

ANY OTHER PROPER BUSINESS:
        None

The next monthly meeting is May 13, 2009 at 7:00 p.m. in the Town Hall meeting room.

ON A MOTION by Mr. Avery, seconded by Mr. Van Nostrand, the commission voted (6-0-0) to adjourn the meeting at 8:48 p.m.

Respectfully submitted,



Sandra Yost
Recording Secretary













 
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