July 11, 2005
Board Members Present: Arnold Koehler, Charles Wentworth, John Kaufman, George Carrington
Alternates Present: Charles Dorman, Stephen Sackter
Absent Members: Brian Doody
Others Present: Bill Donovan, Land Use Inspector/Clerk
Chairman Koehler called the meeting to order at 7:02 p.m. C. Dorman was seated for B. Doody; S. Sackter was seated for the vacant commissioner seat.
Approval of Minutes:
Motion by C. Dorman, seconded by C. Wentworth to approve the minutes of the June 27,2005 meeting as amended. Unanimous.
Communications:
1.) CT Department of Environmental Protection: General Permit for Utilities and Drainage
Old Business:
a. Application 22-04: Donald and Lisa Cousey, 85 Plank Road for general landscape improvements and driveway grading within regulated area. Chairman Koehler stated a site walk was made on this property on July 6 . He noted vegetation had been cleared on either side of the driveway with no impact to wetlands. Chairman Koehler did ask Mr. Cousey to apply washed gravel on the driveway when he is ready for final grading and paving to avoid sedimentation fines from washing out and into the wetlands. C. Wentworth asked Mr. Cousey not to raise the freeboard on the existing stone dam as doing so would increase the water level in the pond. Chairman Koehler stated he observed a significant amount of road sand and sediment in the pond at the outlet of the storm water drainpipe that discharges storm water captured from surrounding Town storm water facilities. Mrs. Cousey stated the Town normally cleans out that portion of the pond on an annual basis. Motion by J. Kaufman, seconded by C. Dorman to approve Application 22-04 of Donald and Lisa Cousey for regulated activities as presented. Unanimous.
b. Application 23-04: John Lamontagne, 24 Straitsville Road for parking area improvements and landscaping within regulated area. Chairman Koehler stated a site walk took place on the property on July 6th. Chairman Koehler asked Mr. Lamontage to construct a plunge pool at the end or discharge of the existing drainpipe that captures roof runoff from the building's downspouts to help disperse the force of the roof water discharge prior to entering the wetlands. Chairman Koehler also requested stone riprap be placed along the edge of the future paved parking area to provide a physical buffer between sheet flow runoff from the parking lot and wetlands. Motion by J. Kaufman, seconded by S. Sackter to approve Application 23-04 of John Lamontagne with conditions that a plunge pool is placed at the discharge point of the roof drainpipe and stone riprap is placed along the edge of the parking area as a buffer to wetlands. Unanimous.
New Business:
a. Michael Silva, 197/200 Scott Road. Application for utilities installation in wetlands and regulated area. Thomas Giammattei represented the applicant. Mr. Giammattei explained their intention to bring utility service (power, phone, cable) to two lots in Prospect that will service two new homes. Access to these lots is over property in Waterbury. Mr. Diogostine, who is the current property owner, received an Inland Wetlands permit in 1988 to construct a driveway over existing wetlands on this property. That driveway has been constructed as approved. Mr. Silva and Mr. Giammattei intend to purchase these two lots from Mr. Diogostine and are seeking inland wetlands approval to install both underground and overhead power
adjacent to the existing driveway. Motion by G. Carrington, seconded by C. Wentworth to accept Application 1-05 of Michael Silva. Unanimous. A site walk was scheduled for July 27, 2005 at 6:00 p.m.
b. Application 19-02: Tesco Rentals, LLC, 151/155 Union City Road. Up-date and review of the Boulder Brook Elderly Housing Project. Henry Berberat spoke for Tesco Rentals. Mr. Berberat informed the commission that it was necessary to revise grading behind Building 6, which is at the back end of the project and closest to the detention pond. The resulting slope is excessively steep and dangerous. Mr. Berberat would like to extend the outlet of the catch basin westerly to allow the slope to be graded out to a lesser pitch. He proposes to construct a section of the walking trail across the revised embankment. Commissioners preferred to have the applicant's engineer provide his comments on any revisions to the site plan. Chairman Koehler suggested the commission schedule a site walk for Tuesday, July 12th at 6:00 p.m. to see first hand existing conditions and review the changes being proposed. The commission concurred on the site walk. J. Kaufman also questioned distances between the patios and brook. Mr. Berberat stated the patios are closer to the conservation easement area surrounding the brook than the buildings but do not encroach into the conservation easement area. The commission also discussed the proposed walking trail and questioned if changes to the original trail will be made because of the introduction of patios and regrading issues. J. Kaufman expressed concerns with the unstabilized condition of sections of the project with the hurricane season fast approaching. He wants the developer to stabilize those areas closest to wetlands as soon as possible.
Public Hearings:
a. 7:38 p.m. (scheduled for 7:30 p.m.) Application 15-04: Gregory and Kimberly LaChance, 93 Plank Road for regulated activities associated with a proposed residential house and septic. Chairman Koehler continued this public hearing from the June 27th meeting. Under correspondence, Chairman Koehler read into the record a letter from Nancy Levesque of Net Engineering, LLC in response to questions on this application that were submitted by Christine and Richard Hinckley on June 27th. Attorney Michael McVerry, representing the applicants, introduced Nancy Levesque to detail revisions to the site plan as a result of comments received at the June 27th public hearing. Ms. Levesque described a proposed curtain drain that would drain a discovered water seep on the embankment downgrade of the proposed house and septic. The purpose of the curtain drain is to help dry out this area and allow the front lawn to be extended. Trap rock is to be added between the discharge point of the driveway drainpipe and wetlands. Modifications were made to the septic system that lengthens the separating distance between the septic and the well on the abutting Cousey property to 115 feet for the primary and 90 feet for the reserve. The reserve system is now shown at 52.8 feet to a wetlands and the primary septic is 65 feet to a wetlands. The curtain drain on the south side of the driveway has been eliminated. J. Kaufman suggested a curb along the southerly side of the driveway may help relieve surface runoff onto the neighboring Hinckley property. The driveway will be paved because of its steep pitch. Chairman Koehler questioned how water that may seep out of the ground at the upper proposed driveway could be eliminated. Ms. Levesque stated that since the man-made pond has been breached this entire area has dried out considerably even with recent heavy rains. Ground water should now follow a natural downgrade direction and not pond at the upper area. Chairman Koehler requested fill that would be utilized for the driveway construction contain a large percentage of stone to enhance ground water drainage. J. Kaufman also stated a paved lip at the curb may help channel road runoff from flowing onto the driveway. J. Kaufman asked that a Conservation Easement be placed on the undisturbed wetlands on 93 Plank Road and include the pond. Attorney McVerry confirmed the applicant's consent to place such an easement on his property including that portion of 93 Plank Road to be deeded over to 483 Matthew Street. The house footing drain outlet will discharge to the above proposed curtain drain at the water seep. A stone plunge pool or like water break will be placed at the footing and curtain drain outlet. Chairman Koehler asked for comments from the public. Christine Hinckley, 471 Matthew Street questioned where the water held in the breached pond comes from if not from the town storm drains. Chairman Koehler stated rain water, ice and snow melt and high ground water levels are the likely source. Mrs. Hinckley stated water flowing through these wetlands continues to the 10 Mile River and has significant value. Lisa Cousey, 85 Plank Road concerned with the
removal of trees to install the septic. Ms. Levesque stated there will be approximately 30 feet of undisturbed vegetation to the Cousey 's property line. Christine Hinckley questioned whether the proposed boundary changes between 93 Plank Road and 483 Matthew Street constitute a subdivision. Bill Donovan stated this does not meet the definition of a subdivision. Lisa Cousey asked who monitors progress of the development of this lot to ensure compliance with the town's regulations. Chairman Koehler stated Bill Donovan is the initial investigator with support from the commission as needed. G. Carrington asked Mrs. Hinckley for clarification on the "major impact" this project poses for the 10 Mile River. Mrs. Hinckley responded road water pollution and septic contamination are possible impacts. Attorney McVerry stated any extension of the conservation easement beyond the wetlands flag designation would present a hardship for the LaChances. The commission agreed and further stated the wetland flags designating wetlands at the man-made pond to be filled with stone for the driveway construction are not included in the conservation easement. With no further comments Chairman Koehler closed the public hearing at 8:30 p.m. Motion by C. Dorman, seconded by G. Carrington to approve Application 15-04 of Gregory & Kimberly Lachance as presented and as shown on the plot plan entitled "Plot Plan prepared for Gregory J & Kimberly E. LaChance, Matthew Street & Plank Road, Prospect, Connecticut, Tax Map 118, Lot 93" with latest revision date of July 7, 2005 as prepared by Net Engineering, LLC, 360 Sandbank Road, Cheshire, Connecticut. Discussion: Chairman Koehler stated he does not feel this application presents a significant impact to wetlands. He noted several positive changes have been made to the application resulting from comments made during the public hearing both from the commission and the public. G. Carrington stated in his opinion the applicant has satisfied those criteria cited in both Sections 6.2 and 10.2 of the regulations. Chairman Koehler further stated he does not see a feasible and prudent alternative to what has been presented. The commission concurred. J. Kaufman recommended the following conditions be included in the approval of this application: 1) a conservation easement be placed from WL flag 3 1 thru WL flag 2 to include what will become the southerly portion of 483 Matthew Street as shown on the applicant's plot plan. 2) The wetland bounded by WL flags 7 thru 14 is excluded from the conservation-easement as this area has been defined as a seep and will be drained and utilized as a portion of the future lawn. 3) a curb shall be placed on the southerly side of the proposed driveway to direct surface water from the abutting Hinckley property. 4) stone shall be placed as a sub base at the upper portion of. the driveway to further direct ground and surface water from the Hinckley property 5) a curtain drain proposed to drain the seepage area bounded by WL flags 7 thru WL flag 14 and house footing drams shall have a plunge pool or other water containment structure placed at the point of discharge^ 6) conservation easement and wetland markers shall be placed along Plank Road and the wetlands boundaries extending to the abutting Cousey property at WL flag 4. Chairman Koehler called for a vote on the motion to approve with conditions. Unanimous.
Land Use Inspector's Report:
Bill Donovan stated he will be meeting with a property owner on Mixville Road regarding unpermitted wetlands activities. Bill also stated the Town Attorney has received a copy of the "Cease & Desist" enforcement order against Justin Gill at 117 Cook Road. C. Wentworth mentioned new pools within the regulated area at 117 Scott Road and the adjacent house. Chairman Koehler mentioned work taking place on the property at the corner of Route 68 and Spring Road may be within a regulated area.
Public Participation:
Christine Hinckley asked for a copy of the Net Engineering's written response to her letter provided at the previous public hearing. B. Donovan made one available to her.
Adjournment:
Motion by C. Wentworth seconded by G. Carrington to adjourn at 8:45 p.m. Unanimous.
Arnold Koehler, Chairman