Board Members Present: Arnold Koehler, Charles Wentworth, Charles Dorman
Alternate Members Present: Stephen Sackter
Absent Members: George Carrington, John Kaufman Others Present: Bill Donovan, Land Use Inspector/Clerk
Chairman Koehler called the meeting to order at 7:02 p.m. S. Sackter was seated for J. Kaufman.
Communications:
(1) CT Association of Conservation and Inland Wetlands Commissions, Inc.: Winter 2006 addition of "The Habitat"; (2) University of Connecticut, Cooperative Extension System: Announcement of First Annual Connecticut Wildlife Conservation Conference; (3) CT Department of Environmental Protection: Notice of Army Corps of Engineers approval for state-wide general permit; (4) Prospect Conservation Commission: Minutes of April 6th Special Meeting.
Approval of Minutes: Motion by C. Wentworth, seconded by S. Sackter to approve the minutes of the March 13, 2006 meeting. Three votes in favor with one abstention. Motion to approve carries. Motion by C. Wentworth, seconded by S. Sackter to approve the minutes of the March 27, 2006 Special Meeting. Three votes in favor with one abstention. Motion to approve carries.
Old Business:
a.Dinis & Maria Marques, 12 Woodland Terrace. Filling in -wetland-without permit. (Continued from the January 9th meeting). Mr. Marques was not in attendance. B. Donovan advised the commission that the filled wetlands have not as yet been flagged in spite of Mr. Marques' efforts to have the surveyor .complete the needed survey. The commissioners were in agreement that the wetlands are to be flagged as directed by the commission and Mr. Marques is to be notified that continued failure to comply with the directive to locate and flag the wetland boundaries of the area filled will result in an enforcement action against him. B. Donovan will send a notice to Mr. Marques.
b. Application 16-05: Connwood Foresters, Inc. 26, 29 Porter Hill Road, 142 Straitsville Road. Forestry operations within CT Water Company watershed land. Chairman Koehler stated a site walk took place on April 1st with David Beers of Connwood Foresters. The operation entails removal of 339 sawtimber trees on 32 acres (11 trees per acre). There is an established 50-foot no-harvest buffer along the reservoir and a 20-50 foot no harvest buffer along the streams. No trees are marked for harvest within 20 feet of the wetlands. The one stream crossing crosses an intermittent stream and will use a temporary corduroy crossing where logs are placed parallel to the stream flow permitting water to flow between and under the logs while minimizing impact to the stream. Motion by C. Wentworth, seconded by S. Sackter to approve Application 16-05 as presented. Three votes in favor with one abstention. Motion to approve carries.
c. Application 18-05: Joseph & Tracy Theroux, 9 Rachel Ann Court. Inground pool within regulated area. Chairman Koehler stated a site walk took place on April 1st. Mr. Theroux presented a signed receipt of Certified Mail from the Regional Water Authority indicating the RWA was notified of the proposed regulated activity within their public water supply aquifer. Chairman Koehler stated at the site walk it was agreed a small shed placed near the pool for housing pool supplies would be included in this permit. Mr. Theroux stated he would use a cartridge filter for filtering the pool water; however the commission still requested a dry well be installed to accept any backwash water from the pool and avoid direct discharge to the nearby stream. Any disturbance to the stream embankment would need to be permanently stabilized with trees, perennial vegetation or a retaining wall. A silt fence would need to be installed before construction and maintained throughout the project. Motion by S. Sackter, seconded by C. Wentworth to approve Application 18-05 adding a small shed as a permitted use, with conditions that a dry well be installed and permanent stabilization be required with any disturbance to the abutting stream embankment. Three votes in favor with one abstention. Motion to approve carries.
d. Application 12-05: Toll Brothers, Inc., 120 Scott Road. Regulated activities associated with an Elderly Housing project, (public hearing closed February 22nd). B. Donovan distributed a Draft Resolution of Approval on this application for review and comment. The commission reviewed the draft and were in agreement that the applicant has satisfied Section 6.2 of the Regulations with the added condition that the upland 50-foot buffer area between wetlands and permanently disturbed areas be marked out with numbered "Conservation Area" tags placed on permanent stanchions and that a map be prepared showing the locations and numbers of the individual "Conservation Area" tags. A Copy of that map is to be provided to the Land Use Officer. Chairman Koehler read aloud the entire Draft Motion. Motion by C. Wentworth, seconded by S. Sackter to approve the Draft Motion for Toll Brothers, Inc. as presented with the added condition to place, identify by number and map "Conservation Area" markers along the upland boundary of the 50-foot natural buffer area between wetlands and disturbed areas. Three votes in favoi with one abstention. Motion to approve carries. Chairman Koehler called for a motion to add Application 19-05-Timothy O'Rourke to the Agenda. Motion by S. Sackter, seconded by C. Wentworth to add Timothy O'Rourke, 15 Mixville Road to the agenda under Old Business. Unanimous.
e. Application 19-05: Timothy O'Rourke, 15 Mixville Road. Workshop, patio within regulated area, boardwalk with bridge crossing in wetlands, minor clearing of brush in wetlands. Mr. O'Rourke was not in attendance. Chairman Koehler stated a site walk took place on April 1st. B. Donovan stated he spofa with the sanitarian at the Chesprocott Health District regarding the steel septic tank at this location anc the inability to accurately locate the septic leaching field. The sanitarian replied that as long as a septic system if functioning, regardless of the materials used, it is not a violation of the Health Code. When th« , system is replaced at some future date, then the proper materials and design criteria to comply with the Health Code would be required. Bill also spoke to the Town's attorney who stated that if an older septk system is working with no evidence of a failure, it is not a regulated activity. If the system fails, however and threatens wetlands, then it is a violation and subject to enforcement action. Commissioners reviewec the application and agreed the patio is to be reduced in size in both length and width by 5 feet. The proposed 20'x 40' workshop is to be relocated at least 6 feet south to keep entirely out of the markec wetlands and no closer man 18 feet to the nearest large tree. The stumps and brush in the wetlands behiiu where the workshop is to be placed are to be removed. The applicant is to call the Land Use office befon removing the stumps, etc. The workshop, when built, is to have a one-foot high containment wall arounc the base perimeter to contain spillage. No added fill is permitted. Hay bales and proper silt fencing are t( be in place prior to construction. Motion by S. Sackter, seconded by C. Wentworth to approv< Application 19-05 with the above conditions. Three votes in favor with one abstention.
New Business: None
Public Hearings:
a. 8:10 p.m. Application 13-05: Finno Development, Inc., 80 Cook Road. Application for a proposed 27 lot residential subdivision entitled "Country Hills Estates" with regulated activities, (continued fron February 22nd). Dennis McMorrow of Berkshire Engineering represented the applicant. Mr. McMorrov reviewed with the commission the March 24, 2006 review letter on this project from Land-Tecl Consultants. All comments listed in Land-Tech's 3-page letter were discussed. Mr. McMorrow indicate* he is in general agreement with Land-Tech's comments and is responding to all with the exception o their suggestion to relocate the house on Lot 16 closer to the proposed Road. Mr. McMorrow stated thi grading and drainage does not allow this to happen. Mr. McMorrow stated he is preparing a complete se of maps with all revisions and will forward that map to Land-Tech for their review prior to the nex meeting scheduled for April 24th. Chairman Koehler asked for comments from the public. Joellyn Jason 14-R Dogwood Drive has concerns with the added amount of storm water runoff created from this development. Tom Land, 64 Cook Road asked if the new stormwater pipes in Cook Road could interfere with future underground utilities. Mr. McMorrow stated utilities are normally placed away from larger pipes and does not expect a conflict. Ann Stein, 80 Cook Road concerned with the size of the detention basin and potential water quality problems. Asked if there will be monitoring of the water flowing out of the basin for quality impacts. Mr. McMorrow stated the detention basin is not located in wetlands. Water quality has been a concern in the overall design of the project. It has also been a concern to the Regional Water Authority who has commented on the proposal. Revisions made to the plans hi response to water quality concerns allow for a longer retention period in the basin and an increased amount of water recharge back into the ground. There were general questions on the impact of surrounding wells created from this development. Mr. McMorrow stated wells are drilled through bedrock and average 300 feet in depth. Water reaching this depth must first pass through cracks and fissures hi rock that may take days, even weeks to reach the well boring. This acts as a natural water filtration and sanitation process. Ground water entering a drilled well can come from any number of sources surrounding that well. Chairman Koehler asked if those wells that are first drilled could be monitored for water production as the development builds out to see whether there is a drop in the well yield. Mr. McMorrow stated in his experience he is not aware of wells losing production as a surrounding area is developed, but he also stated he is not sure how a failing well could be directly linked to a specific cause such as a new housing development. There were no further comments. The public hearing was continued to Monday, April 24 at 7:30 p.m.
e. Commissioner site inspections schedule. General discussion on various sites. C. Wentworth suggested commissioners should be aware of every application as the regulated activities are in progress. B. Donovan stated he can make available copies of the monthly zoning report that lists current construction plans.
Public Participation: None
Land Use Inspector's Report: B. Donovan reminded the commissioners of a planned session with the Town's attorney scheduled for Wednesday, April 12th at 7:00 p.m. Attorney Yoxall will review with the land use boards legal and procedural requirements commissioners need to be aware of and also respond to individual questions. Commissioners asked Bill to have Henry Berberat block off an access way on Salem Road that goes to wetlands on his property. S. Sackter mentioned Larry Beausoleil still is not in full compliance with his erosion control plan. Also Fred Slaney on Roaring Brook Road has not placed rip rap around his restored pond as required.
Adjournment: Motion by S. Sackter, seconded by C. Dorman to adjourn at 9:05 p.m. Unanimous.
Arnold Koehler, Chairman