TOWN OF GRANBY
INLAND WETLANDS AND WATERCOURSES COMMISSION
MINUTES
May 13, 2009
PRESENT: Chairman David Tolli, Barry Avery, Richard Martindale, Charlie Katan, Neil Kraner, and David Askew, Technical Advisor to the Commission.
Chairman Tolli called the meeting to order and confirmed a quorum at 7:03 p.m.
Chairman Tolli advised the commission that he had received a letter from Janet Brooks, who has been retained by John Jenkins. The letter refers to the request for review approved by the commission at the April 8, 2009 meeting. (84 Lost Acres Road, farm pond for vineyard) Ms. Brooks contends that no documentation was received by the commission that states that a pond is necessary for farms. She also says that nothing was said regarding the placement of spoils.
The commission will listen to the recording of the April 8, 2009 meeting to be sure that the information was omitted. Ms. Brooks will be contacted with the results.
ON A MOTION by Mr. Avery, seconded by Mr. Martindale, the commission voted (5-0-0) to delay the acceptance on the April 8, 2009 meeting until next month.
Mr. Jenkins addressed the commission. He called the official wetland map for 84 Lost Acres Road into question. There are two wetland maps for the property. One is dated 1987 and the other is dated 1988. The 1988 map contains an obscure note. A soil scientist rechecked the area and submitted a letter with a request for review for clear cutting. It was found that the clear cutting would not take place in the regulated area. Mr. Askew, Town of Granby’s wetland enforcement officer and soil scientist, has rechecked the small area noted on the map. Each soil scientist found that this area does not contain wetland soils. Mr. Jenkins states that he has no problem with the installation of the farm pond provided it is done correctly.
John Day also addressed the commission. He states that a public hearing is necessary to change a wetland map (referring to the note on the 1988 map). He claims that the commission failed to follow due process.
The note on the map creates ambiguity and individual interpretation creates argument. Chairman Tolli will review the file to verify that the map referenced is the official map of record.
PUBLIC HEARINGS
None.
WETLAND BOUNDARY CHANGES
None.
NEW APPLICATIONS
Dan Dumas, Lost Acres Road, 10-house subdivision
Garry Swain, Lost Acres Properties, LLC presented the preliminary plans for the subdivision. Each proposed lot will have no less than 3.5 acres. The proposed road will be private. A proposed road will cross through the wetland area. Commission members will walk to review the property on Tuesday, May 19, 2009 at 5:30 p.m.
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. Avery, seconded by Mr. Katan the commission enters executive session at 7:58 p.m. as allowed in the Freedom of Information Act. All present commission members and Mr. Askew remained for the duration of the discussion. Mr. Kraner recused himself from any discussion on the matter. Also present is Mr. Don Holtman, town attorney representing the Inland Wetlands and Watercourses Commission. (5-0-0)
ON A MOTION by Mr. Avery, seconded by Mr. Katan, the commission exits executive session at 8:06 p.m. (5-0-0)
REPORT OF DESIGNATED AGENT:
6a. Request for Review – Signed
84 Lost Acres Road, farm pond for vineyard, redux
6b. Request for Review – Pending
1. 12 Allen Road, new shed
The proposed site for the shed is well away from the lake, beyond the impact area.
ON A MOTION by Mr. Martindale, seconded by Mr.Avery, the commission authorizes the designated agent to sign the request for review since the proposed activity will not cause any negative impact on the regulated area. (5-0-0)
2. By unanimous vote the commission agreed to add the following to the agenda:
28 Strawberry Fields, pool
Both Mr. Tolli and Mr. Askew took a look at the area in question. No maps have been submitted. The property owner was advised to talk to the FVHD (Farmington Valley Health District) to ensure there would be no interference with the septic system and further suggested that a grading plan is necessary.
MISCELLANEOUS:
7a. Manitook Lake, milfoil
David Askew has sent the letter to the representative of the Manitook Lake Association, which outlines the commission’s concerns.
ANY OTHER PROPER BUSINESS:
The next monthly meeting is June 10, 2009 at 7:00 p.m. in the Town Hall meeting room.
ON A MOTION by Mr. Kraner, seconded by Mr. Avery, the commission voted (5-0-0) to adjourn the meeting at 8:07 p.m.
Respectfully submitted,
Sandra Yost
Recording Secretary
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