December 12,2005
Board Members Present: Arnold Koehler, Charles Wentworth, John Kaufman
Alternate Members Present: Stephen Sackter
Absent Members: George Carrington, Charles Dorman (alt)
Others Present: Bill Donovan, Land Use Inspector/Clerk
Chairman Koehler called the meeting to order at 7:03 p.m. S. Sackter was seated for G. Carrington.
Correspondence:
(1) Thank-you note from Prospect Land Trust and Conservation Commission on the Inland Wetlands Commission's participation in their recent workshop on Natural Resource Inventory;
(2) Department of Environmental Protection: Announcement on Inland Wetlands Training DVD;
(3) Fuss & O'Neil Engineering: Advertising Pamphlet;
(4) Council of Governments Central Naugatuck Valley: "Land Use Educational Partnership" schedule for 2006.
Old Business:
a. Application 11-05: Timothy O'Rourke, 15 Mixville Road: Thinning of trees/brush in -wetlands and filling of wetlands to accommodate storage building and outside storage. Mr. O'Rourke was not in attendance. Bill Donovan presented correspondence he received from Mr. O'Rourke stating he has been in contact with Chesprocott Health Department for the septic information requested and Milone & MacBroom Engineering for the soil delineation mapping. Mr. O'Rourke hopes to have this information available by the January 9 meeting. No action was taken. Commissioners mentioned the wood bridge Mr. O'Rourke constructed over the small watercourse and was not approved. Mr. O'Rourke to be notified of this violation.
d. Application 08-05: Mark and Joan Chevrier, 215 Cheshire Road: Structures, outside storage and display area for garden center -within a regulated area. Mr. Chevrier stated the engineered site plan that the commission has requested showing the location of all structures and wetlands on the property is still not available. The commission could not take any action on this application without the requested information. Bill Donovan noted that statutory procedural requirements mandate a decision on an application must be made within 65 days of the "day of receipt". As the day of receipt for this application is October 17th (56 days) the commission must make a decision at this time. The commission agreed to withdraw the application without prejudice and allow Mr. Chevrier to re-submit a new application at a future meeting. Motion by J. Kaufman, seconded by C. Wentworth to deny the application as incomplete and to allow Mr. Chevrier to re-submit a new, complete application at a future meeting. Unanimous.
New Business:
a. Dinis & Maria Marques, 12 Woodland Terrace. Filling in wetlands. Mr. Marques appeared in response to a letter from William Donovan, Inland Wetlands Agent, concerning the filling in of wetlands on his property with wood chips and other material. Mr. Marques stated the fill is to try and eliminate a low spot on the property that attracts mosquitoes. Commissioners were familiar with the property for the extensive presence of wetlands. They questioned how filling hi of this particular area would have any noticeable effect on reducing mosquitoes on the property as a whole. The commission determined a site walk was necessary, however because of the existing snow cover they could not schedule a date. It was agreed that when practical, a site walk on the property would take place with Mr. Marques in attendance. The application to fill in wetlands was not received at this time. Mr. Marques was directed to cease any additional filling of wetlands pending commission action.
b. Finno Development, Inc., 80 Cook Road. Application for a proposed 28-lot residential subdivision with regulated activities. Dennis McMorrow of Berkshire Engineering & Surveying, LLC represented the
applicant. Mr. McMorrow described the project entitled "Country Brook Estates" as a 28rlot residential subdivision located on 40.5± acres between Cook Road and Dogwood Drive. A proposed thru road with three cul-de-sacs will connect onto both Cook Road and Dogwood Drive. Road drainage will discharge into a proposed detention basin located between Lots 1 & 2. Discharge from this detention basin will be via piping to existing catch basins on Cook Road that release easterly into an open drainage channel. Regulated activities as presented by the applicant consist of (1) Lot 2: Minor grading in upland regulated area for septic system; (2) Lot 9: Minor grading in upland regulated area for septic system; (3) Lot 14: Grading in upland regulated area for house, driveway, septic system and well; (Lot 19): Minor grading in upland regulated area for house and driveway. It was noted that additional regulated activities will include the construction of the detention basin and piping to the catch basins. There is no direct impact or filling of wetlands. Mr. McMorrow advised that mapped locations of wetlands on properties adjacent to the applicants' property were derived from existing map and other resource data and not from an on-site soils survey by the applicant's soils scientist. Chairman Koehler stated a site walk would be required, but because of the existing snow cover they could not schedule a date at this time. He further stated that as the commission would be limited in their review of the proposal without a site walk, the potential exists that a final decision may not be reached within the 65-day statutory requirement from "day of receipt" or when the application is accepted. The commission agreed not to accept the application until a site walk has been scheduled. The plans would, however, be forwarded to the Town's consulting engineer for their review prior to the site walk. No fees were collected.
Public Hearings:
a. 7:45 p.m. Application 12-05: Toll Brothers, Inc. for regulated activities associated -with a proposed 366-unit Elderly Housing Development at 120 Scott Road. Chairman Koehler read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on November 30 & December 7, 2005. He also stated a commission site walk took place on a portion of the property on November 19th. Attorney Edward Fitzpatrick represented the applicant. Also present for Toll Brothers was Bob Robertson. John Mancini and Martin Malin represented BL Companies, the applicant's engineering firm. Attorney Fitzpatrick submitted a letter of authorization from RMK-Prospect Associates, LLC, owners of 120 Scott Road, authorizing Toll Brothers to present the application before the Commission. Attorney Fitzpatrick further submitted a letter from the Connecticut Water Company stating their ability to service the proposed development with public water supply. He also submitted a wetland assessment for the project prepared by Jodie Chase, Ecologist and a Soil Report of the parcel prepared by Soil Science and Environmental Services, Inc. Included with the documents was a presentation booklet for "Prospect Commons" prepared for this inland wetlands public hearing. Attorney Fitzpatrick stated Toll Brothers has been working on a final design of the project entitled "Prospect Commons" for over two years. He presented drawings of prior plans having as many as 452 proposed units. As a result of meetings with town staff and the town's consulting engineers, the project has been reduced to the current 366 units. Mr. Fitzpatrick describes the present plan as the most feasible and prudent alternative to the original design. Further, he presented a previous plan for a Business and Commerce Park on this parcel that was prepared by the Town of Prospect at a time when the Town had an option to purchase the parcel. That plan, prepared by DeCarlo & Doll, Inc., shows a greater impact on the wetlands and buffer areas than the current Toll Brothers proposal. Mr. Fitzpatrick stated total wetlands disturbance in Prospect is 4,563 square feet. An additional 209 square feet occurs on the abutting property in Waterbury. The wetlands impacts occur at two roadway bridge crossings from Scott Road and in the installation of sanitary sewer. The plans call for "bottomless crossings" over the wetlands. John Mancini of BL Company further described the project as a phased development that would take approximately four years to complete. Direct wetlands impacts comprise filling to accommodate proposed road crossings over a brook at two locations and two temporary wetland disturbances for utility crossings. Additional regulated activities occur throughout the site including unit locations, road construction, tennis and bocce courts, pool and practice green at the community building, community garden, retaining walls and general site grading and landscaping. There are approximately 43 acres of wetlands on site. Over 80 of the parcel's
Juliano Associates. Juliano Associates inspected the site with respect to the sediment and erosion controls. The report indicates at the tune of inspection there was no evidence of sediment leaving the construction area. Bill stated on his last inspection he observed sections of the silt fencing running between the road and Roaring Brook in need of repair and that silt fencing still needs to be installed around a section of the soil stock pile. Bill stated that in his opinion, with the road base now installed, the potential for erosion in the road is greatly reduced. Bill presented a letter from Harry E. Cole & Son stating in their opinion the work performed by Tesco Rentals on the Reilly pond restoration at 179 Union City Road was performed in general conformity with the intent of the plans submitted by Harry E. Cole and acknowledged by the commission. David Hughes of Harry E. Cole requested the performance bond imposed on this project be released. Commissioners asked Bill if the project was complete. He stated the sediment fore bay berm is complete, however sediments located up-stream of the fore bay have not as yet been removed. Commissioners took no action on the bond release. J. Kaufman discussed the need to stabilize the steep slopes adjacent to the detention pond in the Boulder Brook development with erosion control blankets and that the commission needs to re-visit the site in inspect for erosion control measures. John also suggested commissioners may need to perform periodic site inspections on site developments to ensure work is being done in accord with the approved permits. Bill is to notify the developer of Boulder Brook that if the work is not completed in a timely fashion the commission will call the bond and have the work performed by others. J. Kaufinan also stated because there are new members on the commission it would be beneficial to have a meeting with the Town Attorney to review various legal procedures and requirements relative to inland wetlands and other obligations-that commissioners must adhere to. Meetings with the Town Attorney in an informal manner as suggested have occurred in the past and have proven beneficial to members and staff.
Adjournment:
Motion by S. Sackter, seconded by J. Kaufman to adjourn at 10:00 p.m. Unanimous.
Arnold Koehler, Chairman