November 14, 2005
Board Members Present: Arnold Koehler, Charles Wentworth, John Kaufman, George Carrington
Alternate Members Present: Stephen Sackter, Charles Dorman
Absent Members: None
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 the vacant seat.
Correspondence:
Letter from Prospect Town Clerk dated October 17, 2005 reminding the commission of the statutory requirement to submit next year's meeting dates 30 days before the first meeting in January. Bill Donovan handed out a proposed Inland Wetlands meeting schedule for 2006. Motion by G. Carrington seconded by S. Sackter to approve the meeting schedule as presented. Unanimous.
Old Business:
a. Timothy O'Rourke, 15 Mixville Road. Application for thinning of trees/brush in wetlands and filling of wetlands to accommodate storage building and outside storage. Motion by G. Carrington, seconded by C. Wentworth to accept Application 11-2005 of Timothy O'Rourke. Unanimous. Chairman Koehler stated a site walk occurred on October 22nd at this location to inspect the property prior to the acceptance of an application. Mr. O'Rourke submitted hand-drawn sketches showing a proposed area within wetlands to be filled for future storage. He also wishes to construct a steel storage building at the edge of the wetlands, enhance a small water pond within wetlands that is supplied from a perforated pipe he installed to capture and direct ground water away from his house, construct a small wood bridge over a stream course and perform limited thinning and clearing of wetlands in the back property. J. Kaufman stated he has concerns with the location and integrity of the steel septic tank and asked Mr. O'Rourke to obtain information on where the septic system is located and the age of the system. Chairman Koehler advised Mr. O'Rourke that based on the site walk and the proposed activities he is applying for he will need to contact a soils scientist and have the wetlands boundaries located on his property. From there, a detailed soils map will need to be produced that shows the location of the wetlands soils relative to the location of the house and septic system and all proposed regulated activities. Fees were collected for five regulated activities. Bill Donovan will provide Mr. O'Rourke with names of soil scientists who have worked in Prospect.
b. Application 10-05: Justin Gill, 117 Cook Road. Tree/brush removal within wetlands and placement of detached structure within regulated area. Chairman Koehler stated a site walk at this location occurred on October 29th. At previous meetings Mr. Gill was asked to contact a soils scientist to locate and map the wetlands on his property. He was asked to place the area in the wetlands he previously cleared and filled on the map and also his house and storage building showing distances to the wetlands. Mr. Gill did provide a soils report prepared by Soil Science and Environmental Services, Inc. Cheshire Connecticut dated August 18, 2005 and a corresponding map of his property with wetlands delineated by Thomas Pietros, a soils scientist. Mr. Gill submitted fees for two regulated activities. Motion by G. Carrington, seconded by J. Kaufman to approve Application 10-05 of Justin Gill for two regulated activities consisting of placing fill within a wetlands, tree and brush removal and placement of a detached structure within a regulated area. In favor 4; opposed 1. Motion to approve carries.
c. Application 7-05: Joseph A. Testa, 20 Barry Lane. Application for a septic replacement in a regulated area and installation of piping within an intermittent watercourse. Chairman Koehler stated a site walk occurred at this location on October 22nd. Mr. Testa was not in attendance. Commissioners discussed the application and were in accord to approve the activities as presented. Motion by J. Kaufman, seconded by C. Wentworth to approve Application 07-05 of Joseph Testa as presented with conditions that prior to the commencement of the septic installation the applicant shall add to the file drawing of the property the
upper drainage swale that is located behind the drainage trench shown on the applicant's plan; a proposed berm to be placed between these two man-made water channels; the clean-out and monitoring location for the pipe to be installed in the swale nearest to the new septic system, and the location of the house footing drain plunge pool. Unanimous.
d. Application 08-05: Mark and Joan Chewier, 215 Cheshire Road. Application for structures, outside storage and display area for garden center within a regulated area. Chairman Koebler stated a site walk occurred at this location on October 22nd. Mr. Chevrier had previously received wetlands approval for a plunge pool within a regulated area. He has since placed a trailer and greenhouse on the property. The commission has asked Mr. Chevrier for an engineered site plan showing the location of all structures and wetlands. That map is being developed by Mr. Chevrier's engineer. The commission noted that the plunge pool is not functioning properly and needs to be restored. The silt fencing placed around the cleared portion of the property is also not properly installed. It was noted at the site walk that a portion of Route 68 abutting 215 Cheshire Road has been paved and the new pavement has eliminated curbing along Mr. Chevrier's property. Consequently, road water runoff now flows onto his property causing erosion problems. This application will be placed on the December 12th agenda.
New Business:
Chairman Koehler called for a motion to add Toll Brothers, Inc. to the agenda. Motion by J, Kaufman,
seconded by G. Carrington to add Toll Brothers, Inc. to the agenda under New Business. Unanimous.
a. Toll Brothers, Inc., 53 Church Hill Road, Newtown, Connecticut. Application for regulated activities associated with a proposed 366-unit Elderly Housing Development at 120 Scott Road. Attorney Edward Fitzpatrick represented the applicant. Attorney Fitzpatrick stated this project is proposed for development at 120 Scott Road, The parcel consists of 177-acres of undeveloped land of which 45 acres are wetlands. There is an additional 7 abutting acres located in Waterbury. The project calls for a direct wetlands impact of 4, 500 square feet in Prospect and 275 square feet in Waterbury. The impacts in Prospect will occur at two roadway access crossings over wetlands from Scott Road. Over 80 of the parcel's 177 acres will be left undisturbed from development. Other than the two wetlands road crossings, there is no other direct disturbance to wetlands. Attorney Fitzpatrick presented a development map of the project identified as "Prospect Commons" that shows no disturbance within 25 feet of wetlands. Motion by G. Carrington, seconded by J. Kaufman to accept Application 12-05 of Toll Brothers, Inc. for regulated activities associated with site development of a proposed 366 unit elderly housing development at 120 Scott Road. Unanimous. Fees to be determined upon review of the project's plans. A site walk was scheduled for Saturday, November 19th at 9:00 a.m. A public hearing was scheduled for December 12, 2005 at 7:45 p.m.
Public Hearings: None
Public Participation:
Ann Stein, representing the Prospect Land Trust and Gary Baldowski, representing the Prospect Conservation Commission invited commissioners to attend a Community Resource Inventory Workshop to be held on November 17th at the Prospect Grange Hall.
Enforcement Hearings:
Bill Donovan mentioned the sediment fore bay berm and outlet weir have been constructed at the Reilly pond below the Boulder Brook Development without he or the applicant's engineer being contacted for an inspection to establish that the project was accomplished in accordance with the engineer's design. Bill is arranging a meeting with Harry E. Cole & Sons at the site.
Land Use Inspector's Report:
C. Wentworth asked if results on the e-coli sampling of the drain pipe at Old Schoolhouse Road are available. B. Donovan stated he has not as yet received any test results. It was mentioned that silt fencing needs to be placed around the soils stockpiles at Prospect Estates. There was a general discussion on the need to ensure required erosion and sedimentation control measures that are
submitted with applications are installed as approved. Approvals on future applications may need to have stipulations that require initial sign-offs on erosion and sedimentation measures in place before allowing the applicant to proceed with excavation and site development.
Adjournment:
Motion by G. Carrington, seconded by J. Kaufman to adjourn at 9:30 p.m. Unanimous.
Arnold Koehler Chairman