June 27,2005
Board Members Present: Arnold Koehler, Charles Wentworth, John Kaufman
Alternates Present: Charles Dorman, George Carrington, Stephen Sackter
Absent Members: Brian Doody
Others Present: Bill Donovan, Land Use Inspector/Clerk
Chairman Koehler called the meeting to order at 7:00 p.m. C. Dorman was seated for B. Doody; S. Sackter was seated for the vacant commissioner seat; G. Carrington 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 13, 2005 meeting as presented. Four votes in favor with one abstention. Motion to approve carries.
Communications:
1.) Connecticut Association of Conservation and Inland Wetlands Commissions, Inc. The Habitat, Spring 2005;
2.) CT DEP Connecticut Wildlife, May/June 2005;
3.) Susan Shea, 455 Matthew Street. (Letter to read into record at Public Hearing).
Old Business:
a. Application 18-04: Michael & Grace Perugini, 21 Royal Crest Drive. In-ground pool within regulated area. Chairman Koehler stated a site walk took place on this application on June 22nd. John Quick of Wallin Pool Company represented the applicant. Chairman Koehler stated his only concern was that a silt fence be installed prior to construction activities and remains in place until the project is completed and the area stabilized with grass seed or other permanent ground cover. Mr. Quick stated the pool company will be installing a cartridge filter that eliminates the need for back-washing and water discharge. Cartridge filters can be washed off with a garden hose. J. Kaufman questioned what steps are to be taken if the pool should be drained or the pool water lowered to avoid direct discharge to wetlands. He asked that a dry well or plunge pool be installed to receive pool water discharge and avoid a direct flow into wetlands or the watercourse. The silt fence location was noted on the file plan. Commissioners also asked to avoid any damage to the existing curtain drain installed in the general area of the proposed pool. Motion by J. Kaufman, seconded by C. Dorman to approve Application 18-04 with conditions that a silt fence be installed prior to construction and a dry well or plunge pool is constructed to receive pool backwash or drainage water. Unanimous.
b. Application 20-04: Robert & Mark Capanna, 100 Scott Road. Driveway crossing over wetlands; industrial site development within a regulated area. Both Mr. Capannas were in attendance. Chairman Koehler stated a site walk for this application took place on June 15th Chairman Koehler questioned what type of buffer would be hi place separating the proposed earth processing area from wetlands. Mr. Capanna stated a riprap filter berm would be constructed as detailed in their plan's Erosion Control Legend. Chairman Koehler asked that filter fabric be added to the proposed riprap filter berm for enhanced filtration of sediments. Regulated activities consist of a driveway crossing over wetlands with a direct impact of 3,375 SF, a proposed industrial building with direct wetlands impact of 725 SF and general site development with a relocation of an existing watercourse. The applicants are proposing an optional wetlands creation area to replace lost wetlands resulting from the driveway and building construction. Chairman Koehler stated he would prefer to leave the undisturbed area in its natural condition with new plantings added in surrounding upland areas that would enhance and
strengthen wetlands buffers. Motion by G. Carrington, seconded by S. Sackter to approve Application 20-04 as discussed with conditions that added plantings be placed in adjacent wetlands upland review areas and a filter fabric be included in the construction .of the riprap filter berm. Unanimous.
c. Application 21-04: John Schieffer, 15 Kluge Road. Filling wetlands and restoring an existing pond. Chairman Koehler stated a site walk took place for this application on June 15*. Chairman Koehler asked Mr. Schieffer the purpose of filling in the small finger of wetlands. Mr. Schieffer stated this is a good location for disposing of clean, natural materials obtained through his construction business. Mr. Schieffer stated he will be doing soils testing to determine water levels in the existing pond to confirm the feasibility of restoration. Chairman Koehler expressed his concerns with a potential holding pond that could be becoming a mosquito breeding area. The depth of the pond would depend on the results of the groundwater testing. It is possible that the pond may not be reconstructed if the tests show little ground water recharge. Mr. Schieffer stated the proposed filling in of the wetlands would not alter the direction of water movement through this property. Motion by C. Dorman, seconded by C. Wentworth to approve Application 21-04 as presented. Four votes in favor with one abstention. Motion to approve carries.
d. Application 19-04: Shannon Mucciacciaro, 20 Salem Road. House addition within regulated area. Chairman Koehler stated a site walk took place on this application on June 22nd. Motion by J. Kaufman seconded by G. Carrington to approve Application 19-04 with conditions that excess soils dug out for the basement be trucked off site and the new roof drains tie into the existing house drainage system. Unanimous.
New Business:
a. Donald and Lisa Cousey, 85 Plank Road. Application for regarding activities and driveway improvements within regulated area. Mr. Cousey stated he would like to add gravel over the existing driveway. He would also like to perform various regrading and landscape improvements abutting the driveway and wetlands. Motion to accept Application 22-04 of Donald and Lisa Cousey as presented, seconded by C. Wentworth. Unanimous. A site walk was scheduled for July 6th at 6:00 p.m.
b. John Lamontagne, 24 Straitsville Road. Application for parking area improvements and landscaping within regulated area. Mr. Lamontagne stated he is planning to expand and pave the existing parking area and add landscaping features including a cobble stone edge around portions of the parking area with a mulch, stone and planting area in back of the edging. Motion by J. Kaufman, seconded by G. Carrington to accept Application 23-04 of John Lamontagne as presented. Unanimous. A site walk was scheduled for July 6th at 6:30 p.m.
Public Hearings:
a. 7:38 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 read into the record the "Notice of Public Hearing" as it appeared in the Republican American. Chairman Koehler read into the record a letter from Susan Shea, 455 Matthew Street acknowledging her awareness of this public hearing. Chairman Koehler also read into the record the letter mailed by William Donovan, Land Use Inspector for the Town of Prospect to all adjacent property owners advising them of the date and time of this public hearing. Attorney Michael McVerry represented the applicants. Attorney McVerry described 93 Plank Road as a parcel of approximately 5 acres. He stated the LaChances are proposing to separate a 3 Vz acre parcel from the current 5 acres and build a new residential house with septic. The new parcel would have the required frontage on Plank Road and a deeded access way over the Lachances property at 483 Matthew Street. He stated the proposed house and septic system are within the wetlands regulated setback area. The only direct impact to wetlands is on a man-made pond that would be filled with stone. The applicants are proposing to install a dram pipe in the area of the
pond and extend the pipe along the proposed driveway. Storm water would flow into this pipe and discharge to a plunge pool located at the edge of a wetland. Attorney McVerry further stated the property has been approved by the Chesprocott Health District for a septic system for a four bedroom residence. Nancy Levesque of Net Engineering, also representing the applicants, reviewed with the commission the proposed plan. She noted that the LaChances will create a 30-wide fee simple access way from Matthew Street within 93 Plank Road eliminating an easement over other property. She detailed regulated activities as the driveway construction, septic area and house. The only wetlands disturbance is within the man-made detention pond area. Test pits placed at the request of the commission in the area of this pond indicate ground water levels have dropped considerably within the detention area. Scott Stevens, a registered soils scientist with Soil Science and Environmental Services, Inc. also representing the applicant, described the various soil types on the property (both wetland soils and nonwetland soils), and discussed surface water and seeps also present on the property. He indicated that soils found in the area of the detention basin were likely nonwetland soils that have been disturbed over time. G. Carrington asked where materials being dug during construction will be stored. Ms. Levesque stated a good portion of dug material will be used as fill for the driveway. Septic fill needed for the septic system will be brought in. The septic system is approximately 75 feet to wetlands; the house is approximately 55 feet to wetlands. Chairman Koehler asked how far the edge of the lawn will be from the wetlands. Ms Levesque stated there will remain a natural buffer between most of the disturbed area and wetlands. Attorney McVerry also stated that if the commission feels there needs to be conditions put on lawn placement the applicants would comply. He also stated that in his opinion nothing being proposed in this application qualifies as a "significant impact" as defined in the regulations. J. Kaufman noted when he walked the site he observed water seepage coming through a disturbed area at the edge of the proposed lawn. He felt that with proper drainage in place this disturbed area could be unproved to where it could be utilized as part of the lawn. Chairman Koehler asked for comments from the public. Jim Walters, co-owner of 93 Plank Road shared his personal knowledge of the property and past storm water installations on Matthew Street. Mr. Walters stated he originally created the detention pond to provide a water hole for livestock. He also attempted to open up the seep area described by J. Kaufman for a water source for his live stock. Both the detention and seep area proved unreliable as a consistent water source. James Agree, 471 Matthew Street questioned water being pumped from the pond by Mr. LaChance and the monitoring of the standpipes placed at the detention area. Lawrence McGeehan, 463 Matthew Street concerned with final grade of the septic system and what impact this could have on his septic system. Ms. Levesque stated there is no minimum separating distance between septic systems. Also the proposed septic system on 93 Plank Road is lower than Mr. McGeehan's septic system and would not direct surface water onto his property or affect his septic system. Ann Stein, 22 Cook Road concerned with impacts on the wetlands with development of this lot. Christine and Richard Hinckley, 471 Matthew Street questioned the stream that is noted on the Chesprocott Health District's report not appearing on the applicant's plans. Also concerned with upland water from the Brook's Pond area discharging onto 93 Plank Road and flooding surrounding properties, maintenance of the proposed plunge pool, and surface waters draining from the proposed driveway onto her property. Chairman Koehler proposed a curtain drain could be installed parallel to the driveway to relieve surface water from entering onto the Hinckley property. Mrs. Hinckley also concerned with increased runoff after the land is cleared of trees and vegetation, stream diversion and Army Corp of Engineers permit requirements. J. Kaufman responded by describing various predictable water flow patterns effected by winter frozen ground conditions and unique soil viscosity or drainage capabilities. He also stated water coming from a drinking water well comes from cracks in bedrock located deep below the ground surface and not from surface water runoff. He indicated he does not feel this application will impact the wetland's ability to detain and absorb heavy runoff. Lisa White, 45 Talmadge Hill Road questioning motives of the public in opposition to this application. Donald and Lisa Cousey, 85 Plank Road have concerns that the proposed septic system could contaminate their well which is downgrade of the septic systems' proposed location. Chairman Koehler noted the septic system's proposed
location is over 100 feet to the Cousey's well; Connecticut Health Code requires a septic system be a minimum 75 feet to a well. They are also concerned about septic effluent leaching out of the ground and moving downstream towards their property. Scott Stevens, Soils Scientist stated the soils tests for this septic system took place when ground water levels were the highest. Nancy Levesque further commented the bottom of the leaching field has to be a minimum 18" above the highest recorded ground water level. The design of the system directs the effluent perpendicular downwards into the non wetland soil rather than parallel with the ground contours. Per the health Code a septic system must be a minimum of 50 feet to a wetland. The primary septic system is 75 feet to a wetland. Bill White, 45 Talmadge Hill Road feels the LaChance's have put a great deal of effort and expense into producing a high quality plan for this property. Ann Stein, 22 Cook Road questioning whether a buildable area void of wetlands can be located on this property. The plan indicates the buildable square is placed in compliance with the regulations. Attorney McVerry commented that the proposal will disturb approximately 2,600 SF of wetlands and therefore does not require an Army Corp permit which is mandated for any wetlands disturbance of 5,000 SF or greater. With no further comments Chairman Koehler carried the public hearing over to the July 11th Inland Wetlands meeting beginning at 7:30 p.m.
Public Participation:
Michael Beard, 89 Cook Road discussed with the commission work he had been performing in his back yard within an area that had received previous wetlands approval. A neighbor had raised complaints that Mr. Beard was causing sediment to be flushed into a brook on his property that then flows into the neighbor's property. Chairman Koehler stated the commission made a site walk on this property on June 22nd and did not see anything of concern. Mr. Beard stated the catch basin located north of his driveway catches significant road sand and siltation that then discharges into the brook passing through his property. It is his opinion that the source of the sedimentation appearing in the brook hi the downstream neighbor's property is road sand and sedimentation that washes in from Cook Road and is not disturbed materials from his property. Chairman Koehler noted he didcnot observe any signs of sedimentation from Mr. Beard's property channeling into the brook and aslSed Mr. Beard to establish a silt fence between the remaining pile of materials to be removed and~the brook as an added precautionary measure. Ann Stein, 22 Cook Road questioned how wetlands can;!be enhanced from human development. She is concerned with the on-going loss of wetlands thru development and would rather see existing wetlands protected rather than allow some wetlands to~be filled in and new wetlands created.
Land Use Inspector's Report:
Bill Donovan handed out a draft letter to the commission for .their comments that will be sent to Justin Gill, 117 Cook for continued wetlands violations. Bill mentioned he has sent a letter to 15 Mixville Road for wetlands violations. He also advised the commission that he and John Kaufman made a site visit to the Boulder Brook complex on June 17th and observed grading at this site that threatens wetlands. J. Kaufman also stated certain decks now being constructed are being enclosed. The owners were requested to appear at the July 11th meeting to bring the commission up to date on the status of the project and to answer questions concerning wetlands.
Adjournment:
Motion by C. Wentworth seconded by G. Carrington to adjourn at 9:30 p.m. Unanimous.
Arnold Koehler