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HomeMy WebLinkAboutStaff ReportData shown on this map is provided for planning and informational purposes only. The municipality and CAI Technologies are not responsible for any use for other purposes or misuse or misrepresentation of this map. www.cai-tech.com H:\CurrentProjects\IWC\177 Lynch Hill Road\STAFF\216IWC5 Staff Report 1 041516.docx Prepared by Liz Burdick, Zoning & Wetlands Enforcement Officer : Ben Landry, Certified Forest Practitioner Joanna Hunt, Diana Lee Hunt Picton & Charles Montcrief : 177, 180 & 181 Lynch Hill Road, Oakdale, CT 06382 : April 21, 2016 : April 21, 2016 (Decision Required Date – June 24, 2016) : As of Right Determination for Timber Harvest : : - Application is for an As of Right Determination for a Timber Harvest in accordance with Montville Inland Wetlands and Watercourses Regulations Section 4.1.a and C.G.S. Section 22a- 40. - Under the Inland Wetlands and Watercourses Act C.G.S. Section 22a-40 and Montville Inland Wetlands and Watercourses Regulations (“Regulations”) Section 4.1.a, farming is as “Permitted operation and use”. Forestry is defined as farming or agriculture under C.G.S. 1-1q. - The sites are located in the R-120 zone on a total of about 105.25 acres. #177 contains about 89.41 undeveloped acres with inland wetlands and watercourses. #181 contains about 2.74 acres developed with an outbuilding and appears to be adjacent to wetlands areas located on #177. #180 contains about 13.10 acres, is developed with a single-family residence and accessory structures with no known wetlands. - Inspection of the property on April 11, 2016 revealed ongoing clear cutting and selective cutting of #177 & #18, outside of regulated areas to date. Harvesting activities have since ceased in or near regulated areas until final determination is made by the Commission. Property owner, Charles Montcrief advised staff that clear cutting is being conducted to reclaim agricultural fields. - Applicant states property boundaries are marked with pink ribbon, but that skid trails and harvest trees have not been marked and that a feller buncher and grapple skidder will be used for tree removal. Additionally, Applicant states one proposed brook crossing will be used at the eastern edge of the property and that corduroy & wooden bridge mats will be used for lowest impact possible. - The Commission will need to make a finding as to whether or not the proposed activities are “As of Right” activity and, therefore, do not require a permit. Section 4.1.a of the Regulations states the following: “4.1 The following operations and uses shall be permitted in inland wetlands and watercourses, as of right: a. Grazing, farming, nurseries, gardening and harvesting of crops and farm ponds of three (3) acres or less essential to the farming operation. The provisions of this H:\CurrentProjects\IWC\177 Lynch Hill Road\STAFF\216IWC5 Staff Report 1 041516.docx section shall not be construed to include road construction or the erection of buildings not directly related to the farming operation, relocation of watercourses with continual flow, filling or reclamation of wetlands or watercourses with continual flow, clear cutting of timber except for the expansion of agricultural crop land, or the mining of topsoil, peat, sand, gravel or similar material from wetlands or watercourses for the purposes of sale.” - There is no proposed relocation of watercourses with continual flow or filling or reclamation of wetlands or watercourses with continual flow associated with the proposal and the clear cutting of the site is for reclamation of agricultural fields, subsequently, staff recommends approval of the proposal as an “As of Right” activity with the recommendation that appropriate erosion and sediment controls (silt fence, hay bales, etc.) are utilized at the toe of disturbed, clear cut slopes upgrade of the stream. If the Commission is inclined to approve this application, the following language for a motion of approval is suggested: (A Motion to Approve) After giving due consideration to all relevant factors, including those in Section 4 of the Montville Inland Wetland Regulations and Section 22a-40 of the Connecticut General Statutes, I move that Application# 216IWC5, submitted by Certified Forest Practitioner, Ben Landry on behalf of property owners, Joanna Hunt, Diana Lee Hunt Picton & Charles Montcrief for a Timber Harvest and more fully described in the application & narrative letter, dated 4-07-16 and Timber Harvest Map, dated April 7, 2016 is Permitted Use As of Right and, therefore, no permit is required.