Inland Wetland Minutes - July 14, 2003

Inland Wetlands Commission

JULY 14, 2003

Board Members Present: Chairman Arnold Koehler, Brian Doody, Steven Skrebutenas
Alternates Present: Charles Wentworth, George Carrington
Absent Members: John Kaufman, David Holley
Others Present: Bill Donovan, Land Use Inspector/Clerk

Chairman Koehler called the meeting to order at 7:03 p.m. George Carrington was seated for Dave Holley; Charles Wentworth was seated for John Kaufman.

Approval of Minutes: Chairman Koehler read aloud the Unapproved Minutes of the June 9, 2003 meeting. Motion by S. Skrebutenas, seconded by G. Carrington to approve the Minutes of the June 9, 2003 meeting as amended. Unanimous with one abstention.

Correspondence: 1) Michael Miele, 3 Woodland Terrace - letter of complaint (2) UCONN Cooperative Extension System "Connecticut NEMO Newsletter" (3) Connecticut Association of Conservation and Inland Wetlands Commissions, "The Habitat"- Summer 2003 (4) OCC Design Consortium, LLC - Notice of application withdrawal of Chespro LLC, Cheshire/Prospect Road (5) Land-Tech Consultants, Inc. - Review of proposed Active Adult Community, 151/155 Union City Road.

Old Business:

a.) Application 21-02: Father John Gatzak, 78 Melissa Lane Proposed deck and fill within regulated area. Chairman Koehler stated a site walk did take place June 25th. Chairman Koehler stated he did not see any problems with the application as presented. He did request that a silt fence be installed along the base of the fill area. There were no further comments. Motion by S. Skrebutenas, seconded by C. Wentworth to approve Application 21-02 of Father John Gatzak for a deck and fill within a regulated area with conditions that a silt erosion control fence be installed along the base of the proposed fill area adjacent to the wetlands and that the additional placement of a gazebo in a wetlands area be set on cinder blocks. Unanimous.

b.) Application 20-02: Town of Prospect, 21 Cheshire Road. Pond aeration system. Bill Donovan, as Agent for the Inland Wetlands Commission had previously given approval of this application as permitted under Section 22a-42a(c)(2) of the Statutes. Under this same Section however, the inland wetlands agency shall, at its discretion, sustain, alter or reject the decision of its agent or require an application for a permit in accordance with the regulations. Motion by G. Carrington, seconded by B. Doody to approve Application 20-02 of The Town of Prospect for a pond aeration system at McGrath Park, 21 Cheshire Road. Unanimous.

c.) Application 19-02: Tesco Rentals, LLC, 151/155 Union City Road. Regulated activities associated with a proposed Elderly Housing Complex (continued from June 9th). Stephen Guidice of Harry E. Cole & Sons represented the applicant. Mr. Guidice related he did recently receive a copy of Land-Tech Consultant's reviewing letter for this application and will address their issues accordingly. Mr. Guidice further stated they are in the process of revising their plans to address Land-Tech's comments and other issues by the Connecticut Water Company and Planning & Zoning and will have new revised plans for review at the next Inland Wetlands meeting. Chairman Koehler asked on the status of the walking trail. Mr. Guidice responded they are still reviewing the walking trail with the added intent of access to the trail via the revised introduction of sidewalks. When asked if the sidewalks might alter the runoff calculations from the site, Mr. Guidice stated they will be making other revisions to the plan that would more than compensate for any added runoff relative to the sidewalks. Bill Donovan asked Mr. Guidice to respond to several issues mentioned in Land-Tech's letter. G. Carrington asked about Land-Tech's comments relative to discrepancies with the Storm Water Management Report. Mr. Guidice stated they are recalculating their figures and will present those changes to Land-Tech in addition to other revisions. Chairman Koehler mentioned the need for the applicant to request an extension of time to comply with statutory time restrictions on application review. Mr. Guidice stated they will provide the necessary letter prior to the next meeting scheduled for August 11th.

Public Hearings: None

New Business:

a.) Prospect Board of Recreation, Hotchkiss Field, Waterbury Road. Drainage improvements Gene McCarthy, Assistant Director of Public Works spoke on the Board of Recreation's behalf. Gene presented a site plan for two proposed volleyball courts, an ice-skating rink and additional parking area at Hotchkiss Field. Additional drainage piping is also being included that will discharge water into the existing ditch located behind Knapp Drive within the town property. There are no wetlands or regulated activities involved. The ice skating rink will hold approximately 25,000 gallons of water with a controlled drain that allows staff to monitor and control the rate and time of water draining from the rink. No application was required or received for the proposed park improvements. Chairman Koehler stated a letter of acknowledgment and appreciation for presenting the site plan to the commission will be sent to the Board of Recreation. Unanimous.

b.) Justin Gill, 117 Cook Road. Filling/clearing within a wetland area. Chairman Koehler asked Bill Donovan to explain the events leading up to Mr. Gill's presence before the commission. Bill stated he noticed Mr. Gill had cut down trees and otherwise cleared off a portion on his property that is within a wetland area and consequently sent Mr. Gill a "Notice of Violation" ordering Mr. Gill to cease any further work within wetlands and appear at this meeting to discuss the unauthorized activity. Chairman Koehler asked to what extent has clearing taken place. Mr. Gill stated he is not sure of the extent of wetlands and therefore cannot comment on how much of the wetlands he has disturbed. There is a small stream running through the property that Mr. Gill has cleared out to reduce water backing up during wet periods. Motion by S. Skrebutenas, seconded by G. Carrington to accept Application 01-03 of Justin Gill for regulated activities within wetlands at 117 Cook Road. Unanimous. C. Wentworth asked if stumps from cut trees have been removed. Mr. Gill stated the stumps were either hauled off site or ground up for mulch. Chairman Koehler scheduled a site walk for Tuesday, August 5, 2003 at 6:30 p.m.

Chairman Koehler called for a motion to add Stephen Torselli, 1 Woodland Terrace to the agenda. Motion by C. Wentworth, second by G. Carrington to add Stephen Torselli to the agenda. Unanimous.

c.) Stephen Torselli, 1 Woodland Terrace. Filling in lawn within a regulated area. Chairman Koehler read into the record a letter of complaint from Michael Miele, 3 Woodland Terrace with concerns that the fill being placed on Mr. Torselli's property will cause added water runoff being redirected onto his property with the potential to cause functioning problems with his septic system. Mr. Torselli commented that he is filling in a low area in his front yard and is pitching the fill to direct water away from Mr. Miele's property and towards the southern or opposite side of his property. This would include any runoff from Mr. Miele's property, which is higher than Mr. Torselli's property within this immediate area. There is no direct filling in of any wetland designated soils. Motion by S. Skrebutenas, seconded by C. Wentworth to accept Application 02-03 as presented. Unanimous. Chairman Koehler scheduled a site walk for Tuesday, August 5, 2003 at 7:00 p.m.

Enforcement Hearings: None

Land Use Inspector's Report: Brian Doody asked about the activity taking place on Summit Road near Wihbey Road. Bill Donovan stated Bob Capanna had received prior approval from the commission for a driveway stream crossing to access his industrial property to the rear. Brian also mentioned the "natural enhancement area" at the car wash on Waterbury Road that was described as such at the public hearing looks more like a rock/silt area and does not match what was presented at the hearing.

Public Participation: None

Adjournment: Motion by S. Skrebutenas, second by C. Wentworth to adjourn at 8:25 p.m. Unanimous.

Arnold Koehler
Chairman