Inland Wetland Minutes - January 28, 3003

Inland Wetlands Commission

January 28, 2002

Board Members Present: Chairman Arnold Koehler, Brian Doody
Alternates Present: Harold Bernier
Absent Members: Lawrence Gomez, David Holley, John Kaufman, Steven Skrebutenas
Others Present: Bill Donovan, Land Use Inspector

Chairman Koehler called the meeting to order at 7:02 p.m. H. Bernier was seated for D. Holley.

Approval of Minutes: No action was taken on the minutes of the December 10, 200l meeting because there wasn't a quorum present of those who attended that meeting. Chairman Koehler read aloud the unapproved minutes of the January 14, 2002 meeting. Motion by H. Bernier, seconded by B. Doody to approve the minutes of January 12, 2002 as amended. Unanimous.

Communications:

  1. Letter dated January 24, 2002 from Scott Swimming Pools, Inc., re: Questionnaire on Prospect's Codes and Regulations.
  2. HRP Associates Publication - EnviroSource, December 2001.
  3. University of Connecticut Cooperative Extension System - A Resource for Everyone: Forests and the Connecticut Economy.
  4. Application from the Connecticut Water Company to Connecticut Department of Environmental Protection for a General Permit for Diversion of Water for Consumptive Use for the Indian Hill Field Wells 1 & 2.

Old Business:
a. Floria & Lon Polverari, (Lot 5) 17 Roy Mountain Road. Application #07-01for House and Septic System within a Regulated Area. Floria Polverari presented a revised site plan showing changes made to the size and location of the proposed house. Chesprocott approval has been received. Bill Donovan asked that a condition of approval be that at the time of construction, the applicant makes an effort to find an existing curtain drain that the new footing drains could be connected to. Motion by B. Doody, seconded by H. Bernier to approve Application #07-01 for a house and septic system within a regulated area at Lot 5 Roy Mountain Road as shown on map prepared for Kendam Builders, Roy Mountain Road, Prospect, CT, dated 11/14/01, revised on 1/17/02, noting the proposed house has been reduced in size and moved further away from the wetlands and stipulating that prior to construction the applicant contact Bill Donovan and try to locate an existing curtain drain that the footing drains for the proposed house could be connected to. Unanimous. b. Vincent M. Jacovino, 21 Trotters Way. Application #08-01 for a Detached Building within a Regulated Area. Chairman Koehler stated that a site walk was held on Saturday, January 19, 2002. Mr. Jacovino stated that application has been made to the Zoning Board of Appeals. The building will be used for storage of antique vehicles. Chairman Koehler stated that since there will be gutters on the building, a small rip rap plunge pool should be made where the 4" common drain discharges to daylight. Motion by B. Doody, seconded by H. Bernier to approve Application #08-01 for a detached building within a regulated area at 21 Trotters Way, Lot 7, as shown on map dated 7/3/01 with the stipulation that a small rip rap plunge pool be made at the discharge point of the 4" drain pipe. Unanimous.

New Business:
a. Kendam Building Contractors, LLC, (Lot 6) 21 Roy Mountain Road. Application for House & Septic System within a Regulated Area. Floria Polverari of Kendam Building Contractors submitted an application for a proposed single family home and septic system at Lot 6 Roy Mountain Road. Bill Donovan asked if the box drawn on the site plan is the final shape and size of the house. Mrs. Polverari stated the drawing shows the potential size of the proposed house and not necessarily the actual finished size. Bill Donovan cautioned that when an approval is given for a standard box location of a house on a site plan, particularly within a regulated area, the finished size of the house should not exceed what is shown on the plan. Fees were set and paid in the amount of $240.00 and $10.00 for (2) regulated activities. Motion by B. Doody, seconded by H. Bernier to accept Application #09-01 for a house and septic system at Lot 6 Roy Mountain Road as presented. Unanimous. A site walk was set for Saturday, February 2, 2002 at 8:30 a.m.

Old Business:

c. & d. CRT Realty, LLC, Summit Road & Cornerstone Real Estate, Inc., Melissa Lane. Application for Proposed Subdivision with Regulated Activities - Royal Crest North & Royal Crest South. Attorney Edward Fitzpatrick, representing the applicants, stated that new applications were submitted for (3) existing lots: 68 Summit Road; Lot 78 Matthew Hills South, (64 Melissa Lane); and Lot 77 Matthew Hills South, (68 Melissa Lane). Consequently, these lots will not be part of the Royal Crest North and Royal Crest South Subdivision. A revised site plan map was submitted for Application #06-01, Royal Crest South. Revisions to Application #05-01, Royal Crest North, are pending. Chairman Koehler read aloud a letter dated January 24, 2002 from Land-Tech Consultants, Inc., responding to comments made in a letter from OCC Design Consortium dated January 14, 2002. David Carson, OCC Design Consortium, commented that wetlands were depicted on the site plan for Royal Crest North, however the tabulation of regulated area disturbance was missing. That has now been corrected on the new application for 68 Summit Road (Ref. Parcel #1). Mr. Carson further commented that the location and design of the level spreader (Royal Crest North) is sufficient and that stormwater discharge should not be piped directly to the wetlands in order to allow for biofiltering of any impurities. The Commissioners reviewed Application #10-01 for 68 Summit Road (Ref. Parcel #1, Royal Crest North) for (6) regulated activities. It was noted for the record that fees were previously paid with Application #05-01. Motion by B. Doody, seconded by H. Bernier to accept Application #10-01 for accessway drainage channel improvements, level spreader stormwater discharge, a driveway brook crossing, cross-lot swale filling, house and septic system within a regulated area at 68 Summit Road as presented. Unanimous. Bill Donovan asked whether the trees along Mr. Pelletier's property (66 Summit Road) would remain. Attorney Fitzpatrick stated the trees would stay. Mr. Carson clarified that Mr. Pelletier maintains the right to drain across 68 Summit Road from Mr. Pelletier's yard drain and also that a construction easement may need to be secured to install the headwall noted on the site plan. Motion by H. Bernier, seconded by B. Doody to approve Application #10-01, 68 Summit Road, as shown on site plan map for property of Josephine M. Guastaferri Trustee dated 1/24/02 prepared by OCC Design Consortium, LLC, Sheet 1 of 2 and Sheet 2 of 2 as presented. Unanimous. The Commissioners reviewed Application #11-01 for Lot 78 Matthew Hills South (Ref. Parcel #15, Royal Crest South) for (2) regulated activities. It was noted for the record that fees were previously paid with Application #06-01. Motion by B. Doody, seconded by H. Bernier to accept Application #11-01 for a house and septic system within a regulated area at Lot 78 Matthew Hills South, Sec. Two, 64 Melissa Lane, as presented. Unanimous. Bill Donovan asked Mr. Carson how realistic the house size indicated on the site plan is to the actual finished house. Mr. Carson discussed possible changes to the size of a proposed house explaining that the septic system limits what can be done. Mr. Carson further stated that if a proposed plot plan is presented for a zoning permit, it has to be in general conformity with the approved site plan. If the plot plan were not in general conformity with the site plan, the applicant would need to come back to the Commission for another or amended permit. B. Doody recommended that wetland decals be placed on trees along the wetland boundaries. Motion by B. Doody, seconded by H. Bernier to approve Application #11-01, Lot 78 (#64) Melissa Lane, as shown on site plan map for property of Josephine M. Guastaferri Trustee dated 1/21/02 prepared by OCC Design Consortium, LLC, with the stipulation that trees be marked with conservation tags every 50 feet along the wetlands boundaries. Unanimous. The Commissioners reviewed Application #12-01 for Lot 77 Matthew Hills South (Ref. Parcel #14, Royal Crest South) for (1) regulated activity. It was noted for the record that fees were previously paid with Application #06-01. Motion by B. Doody, seconded by H. Bernier to accept Application #12-01 for a septic system within a regulated area at Lot 77 Matthew Hills South, Sec. Two, 68 Melissa Lane, as presented. Unanimous. Motion by B. Doody, seconded by H. Bernier to approve Application #12-01, Lot 77 (#68) Melissa Lane, as shown on site plan map for property of Josephine M. Guastaferri Trustee dated 1/22/02 prepared by OCC Design Consortium, LLC, with the stipulation that trees be marked with conservation tags every 50 feet along the wetlands boundaries. Unanimous. The Commissioners reviewed the revised plans for Application #06-01, Cornerstone Real Estate, Inc., for Lots 12 & 13, Royal Crest South for (2) regulated activities. Mr. Carson described the construction of the driveway crossings. B. Donovan recommended that the crossings be done in the warmer/dryer periods of the year. Motion by B. Doody, seconded by H. Bernier to approve Application #06-01 as revised, Royal Crest South Reference Parcel No. 12 & 13 as shown on map of property of Josephine M. Guastaferri Trustee dated 10/15/01 with revision date 1/14/02 and 1/28/02 prepared by OCC Design Consortium, LLC, for (2) regulated activities consisting of a driveway/brookcrossing for Lots 12 & 13 with the stipulation that the wetlands crossing be done during dryer months of the year and the finished driveway material be processed stone or other stable material. Unanimous. David Carson asked whether a decision could be made on Application #05-01 noting that new drawings would be submitted eliminating Lot 1 and addressing any concerns the Commissioners had with the level spreader. The Commissioners discussed Land-Tech's comments read earlier with the applicant. Item #3, Inland Wetlands and Watercourses, regarding the Army Corps of Engineers permit in Mr. Carson's opinion does not require a response because separate applications have been submitted. Mr. Carson further stated that it would be the applicant's responsibility to comply with the Army Corps of Engineers. Item #5, Inland Wetlands and Watercourses, regarding depiction of wetlands and tabulation, was explained by Mr. Carson that the site plan submitted this evening for 68 Summit Road corrects the oversight noted by Land-Tech. The Commissioners discussed Item #1, Storm Drainage, regarding the level spreader and determined that discharge should not be piped directly to the wetlands. The Commissioners considered whether there is a significant impact to the wetlands regarding this application and whether a public hearing would be necessary. After review and discussion of the regulations, the Commissioners determined that the regulated activities would not cause a significant impact and therefore a public hearing is not necessary. B. Doody stated and the Commissioners agreed that the revised plan should be submitted before voting on the application. The applicant consented and the Commission granted a 65-day extension for a decision on Application #05-01.

Public Hearings: None

New Business:
b. Proposed 2002-2003 Budget. Chairman Koehler reviewed the proposed budget as discussed at the previous meeting. Line Item 6400-03, Engineering Fees, was increased to $2,500.00 and Line Item 6400-04, Maps, was decreased to $250.00. All other line items remained the same. Motion by H. Bernier, seconded by B. Doody to approve the proposed 2002-2003 Budget for the Inland Wetlands Commission as presented. Unanimous.

Enforcement Hearings: None

Land Use Inspector's Report: Bill Donovan read an enforcement letter sent to Anthony Cocchiola, 174 Summit Road, regarding unauthorized filling within a regulated area. A site visit was scheduled for Saturday, February 2, 2002 at 9:00 a.m. to familiarize the Commissioners with the property.

Motion by B. Doody, seconded by H. Bernier to adjourn at 9:37 p.m. Unanimous.

Arnold Koehler
Chairman