Board Members Present:Arnold Koehler, Charles Wentworth, John Kaufman
Alternates Present: Stephen Sackter
Absent Members: George Carrington, Charles Dorman
Others Present: Bill Donovan, Land Use Inspector/Clerk
Chairman Koehler called the meeting to order at 7:04 p.m. S. Sackter was seated for G. Carrington.
Communications (1) Connecticut Association of Conservation and Inland Wetlands Commissions, Inc. “The Habitat”, Fall 2005; 2) Council of Governments of the Central Naugatuck Valley: a). Annual Report 2004-2005, b). Land Use Educational Partnership-schedule for classes; (3) HRP Associates, Inc. “The HRP Advisor”-January 2006; (4) Land-Tech Consultants, Inc., Southbury CT: Engineering consultant review letters for Prospect Commons and Country Hill Estates (see Public Hearings); (5) Richard and Christine Hinckley, 471 Matthew Street. Letter concerning drainage onto 93 Plank Road; (6) South Central Connecticut Regional Water Authority, Review letter on Country Hills Estates subdivision (see public hearing).
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 stated Mr. Marques had contacted a surveyor to stake out the filled area of wetlands; however the surveyor has not located the wetlands as of this date. Bill spoke with the surveyor who confirmed he has the work scheduled. No action was taken. Mr. Marques will attend the next meeting on March 13th.
b. Application 14-05: William Day, 19 Alison Court. Detached garage within regulated area. Chairman Koehler stated at the site walk for this application he observed wetlands and a water course close to the proposed structure’s location. The Chairman suggested Mr. Day try and find an alternative location for his garage that would place the building further from both the watercourse and wetlands. J. Kaufman shared the Chairman’s concerns with the close distance to wetlands and an intermittent watercourse. Mr. Day indicated he does not know if there is an alternative location that still allows access to the garage from his paved driveway. The application was carried over to the March 13th meeting.
c. Application 15-05: American General Investor, 44-50 Waterbury Road. Storm water discharge to wetlands area. Dave Carson of O.C.C. Design, Inc. notified B. Donovan he is amending the plans in response to the Mayor’s and Public Works’ concerns with possible roadway flooding on Summit Road resulting from increased storm water runoff with this project. Mr. Carson asked to be carried over to the March 13th meeting. No action was taken.
New Business:
a. Connwood Foresters, 26, 29 Porter Hill Road, 142 Straitsville Road. Forestry operations within CT Water Company watershed land. David Beers appeared for Connwood Foresters. Mr. Beers described the operation as a controlled removal of 339 sawtimber trees on 32 acres. There will be no trees removed within 20 feet of a marked wetlands or watercourse. One stream crossing will be protected using a temporary corduroy crossing, which is 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 J. Kaufman seconded by C. Wentworth to accept Application 16-05 of Connwood Foresters for regulated activities involving logging operations. Unanimous. A site walk was scheduled for Saturday, March 4th at 9:00 a.m.
Public Hearings:
a. 7:38 p.m. Application 12-05: Toll Brothers, Inc. for regulated activities associated with a proposed 366-unit Elderly Housing Development at 120 Scott Road. (continued from January 9th). Chairman Koehler read into the record a letter from Land-Tech Consultants, Inc. dated February 14, 2006 on this application. The consultants in their letter do not recommend sidewalks being installed on both sides of the roadway but rather on one side only. They believe sidewalks on both sides would result in wetland and watercourse impacts from additional width of land grading, increased impervious surfaces and vegetation removal within the proposed wetlands crossings and within the regulated upland review areas adjacent to wetlands. John Mancini of BL Co. represented the applicant. He reviewed recent changes in the plans that included an additional 6 acres of upland area being left undisturbed. Mr. Mancini also referred to the “Wetlands Regulated Activities” map he previously submitted that clearly defines the regulated activities within this project. Additionally, a final set of complete plans has been prepared that includes changes resulting from comments from the public hearings and further review by the consultants. Mr. Mancini summarized the project saying this is a 170.4 acre parcel that includes 42.8 acres of wetlands. Ninety acres or 53% of the total area is to be left undisturbed. Total direct wetlands impact is 4,563 SF resulting from two roadway stream crossings and two sanitary utility crossings over wetlands. C. Wentworth asked how drainage from the community pool will be handled. Mr. Mancini stated if a repair is required the water would be pumped into a pool truck. Pool waters would not be pumped into the wetlands or storm water system and Mr. Mancini stated that this could be a condition of approval. C. Wentworth also asked in the event of a massive snow storm event how would snow removal be handled. Mr. Mancini indicated several areas dedicated for open space could be utilized for snow storage. Additionally, with sidewalks on only one side of the road the other side could be used as a snow shelf. Also, cleared areas within the Algonquin easement could be used for dumping excessive snow. Chairman Koehler asked for comments from the public. Thomas Lenz, 64 Cook Road asked where pool backwash waters go. Mr. Mancini stated backwash is not needed due to the filtering system utilized. It may be necessary to skim the water surface from time to time that could then be discharged into the sewer. J. Kaufman asked if sod would be utilized to stabilize steep slopes. Mr. Mancini stated fill slopes are normally 3:1 and not the steeper 2:1 grade. However any slope, either 2:1 or 3:1 grade that exceeds 15 feet in height, and any slope that is 2:1 regardless of the height will have a permanent erosion control blanket. J. Kaufman also asked if geo-fabric will be used in the project. Mr. Mancini stated this type of fabric would be utilized on the level area at the storm water pipe discharge leading to a sediment fore bay at the wetlands boundary. J. Kaufman concurred having sidewalks on one side of a road rather than both sides are preferred. C. Wentworth asked again if there is a resolution to the snow removal. Mr. Mancini stated added areas could be made available for snow storage if the commission so desired. B. Donovan asked Jody Chase, Ecologist who prepared the “Wetland Assessment” report on file for this project to comment on the wetlands impacts affected by this project and other relevant environmental issues. Ms. Chase stated she began investing this property in November, 2004. Since that time she has made many site inspections at various times of the year. She described the wetlands as primarily Red Maple swamps typical of Connecticut. They are broad level wetlands (defined as southern, central and north eastern within the project). They are also relatively level and capable of performing functions of water quality renovation, storm water detention and wildlife habitat. Wetlands in the northwestern section are on steeper topography and function primarily as wildlife corridors and transporting storm water runoff. Ms. Chase stated the direct wetlands impacts associated with this project do not hinder the wetlands functions she described. Ms. Chase also stated the applicants were responsive to comments detailed in the Town’s consultants’ report and made adjustments to their plans to increase buffers, create better conductivity between the wetlands and provide increased forested areas. B. Donovan asked if a 50 foot buffer is sufficient. Ms. Chase responded yes, the 50 foot buffer is adequate. Much of the buffer areas will remain undisturbed and in their existing, natural condition. There is no lawn area to the edge of wetlands. There is also an integrated pest management plan to control and limit applications of fertilizers and pesticides on lawn areas. J. Kaufman asked if stones placed within the buffer or conservation area could hinder movement of small amphibians. Mr. Mancini responded the line between lawn and buffer areas will have conservation markers placed on posts. Individual stones of various sizes would be placed at different locations also to help delineate the boundary and prevent lawn mowers from intruding into the buffer. Ms. Chase referred to her report that has a list of amphibians, reptiles and other small creatures likely to be found on the entire site. J. Kaufman asked about vernal pools. Ms. Chase stated she has not observed any functional vernal pools on the property. Christopher Allan, Land-Tech Consultant’s Inc., Prospect Consultant and professional wetland scientist concurred with Ms. Chase that the design of the project causes minimal impacts to the wetlands. He also stated the applicants did make considerable revisions to the plans based on his and Robert Oley’s comments who is a professional engineer with Land-Tech and who also reviewed the plans for Prospect. There were no further comments from the public or commission and chairman Koehler closed the public hearing at 8:35 p.m.
Application 13-05: Finno Development, Inc., 80 Cook Road. Application for a proposed 28-lot residential subdivision entitled “Country Hills Estates” with regulated activities. Chairman Koehler read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on February 15th & 20th, 2006. He also entered correspondence from Michael Guaglianone of the Regional Water Authority, a letter from Elizabeth Osterweis, 60 Cook Road stating her concerns with the affect this subdivision may have on the quality and quantity of drinking water and surface water flows, and a letter from Land-Tech Consultants, Inc. stating as Town consultants stating they have made a preliminary review of the site development plans but have not as yet walked the site and therefore do not have a detailed review comment on the plan. Attorney Michael Fasano, Jr. introduced the project as a 28-lot residential subdivision entitled “Country Hills Estates” located between Cook Road and Dogwood Drive. Dennis McMorrow of Berkshire Engineering & Surveying, LLC also spoke for the applicant. He stated that as a result of meetings with Land-Tech, Inc. and Gene McCarthy, Assistant Director of Public Works for Prospect, he has made revisions to the plans to address concerns that property owners located downstream of this development are having with potential increased flooding from an increase in storm water runoff, and the Regional Water Company’s concerns in having their water resource directed off of a watershed for a public water supply reservoir. Mr. McMorrow detailed the design of the detention basin that provides two storm water outlets: an outlet structure and pipe on the southerly side of the basin will carry storm water from typical rain events to an existing 24” storm water pipe passing under Cook Road and into Roaring Brook. These waters will stay within the active watershed of the water company’s Lake Whitney reservoir. Another outlet and pipe is located at the northerly side of the detention basin and is at a higher elevation than the southerly outlet. Should there be a major storm event, water elevations will over top the southerly outlet in the basin and flow into this higher outlet that is piped and discharged north of Roaring Brook Road and onto the watershed of the Prospect Reservoir. The design of this system is to limit any increase in storm water runoff going to Roaring Brook without depleting existing availability of a public water supply away from an active public water supply watershed. Mr. McMorrow stated storm waters detained within the detention basin will infiltrate back into the ground providing additional ground water supply re-charge. He stated new storm water piping extending to Cook Road will connect with existing storm water piping on Cook Road that currently runs north of Roaring Brook Road. He also stated that the elevation difference from the bottom of the detention pond to the top of the higher outlet is 3 feet. Mr. McMorrow reviewed regulated activities that include (1) construction of the detention basin and outlet piping including additional piping to Cook Road, (2) Lot 2: septic/minor grading, (3) Lot 9: septic/grading, (4) Lot 14: house/septic/grading/landscape wall, (5) Lot 18: house/grading. J. Kaufman asked about the watercourse located at the northwest corner of the property near Lot 18 and the potential impacts this development could cause downstream. Mr. McMorrow stated the storm water system will connect into Dogwood Drive and carry these waters down to the detention basin. J. Kaufman wanted confirmation that this development would not impact the wetlands and watercourse located north of this development. Mr. McMorrow reviewed drainage design and stated again his belief that there would not be any impact to the area is question. J. Kaufman asked if any monitoring pipes were in place to observe ground water movement. Mr. McMorrow stated all lots have standpipes in place for the septic design. J. Kaufman asked if there could be an issue with septic systems due to the extensive presence of gravel that could allow the systems to perc too fast allowing pollutants to enter the ground water. Mr. McMorrow stated health codes do address this issue in the design of an approved system. J. Kaufman asked if blasting could open cracks in ledge that would allow pollutants to pass through. Mr. McMorrow stated the health code requires a minimum of 4 feet of soil between the bottom of the septic system and bedrock. C. Wentworth asked if roof leaders connect into basins or to daylight. Mr. McMorrow stated both conditions will occur depending on the particular lot and house location. J. Kaufman asked if conservation easements are a possibility to protect certain sensitive areas, particularly where there is moving water. He referenced Lots 17 & 18 as locations with moving waters where a conservation easement would be warranted. He also stated conservation easements are normally 25-50 feet wide. Lots 9, 10, & 11 were mentioned as visible water seepage coming out of the toe of the slope that could be classified as wetlands. Mc McMorrow stated there is a high ground water table in the area; however the soils have been tested as non-wetland. Chairman Koehler asked for comments from the public. Robert Chatfield, 25 Cornwall Avenue asked if Mr. Finno will develop all lots or will lots be sold off to individuals. Mr. McMorrow stated Mr. Finno plans to develop the entire project. Mr. Chatfield is opposed to this subdivision over the potential for inadequate water wells within the subdivision and the consequent pressures placed on Town officials to extend public water supply water mains to alleviate the problems. Norm Curtis, 50 Roaring Brook Road questioning consequences of the storm water runoff from this project on Roaring Brook Road. Mr. McMorrow stated his redesign of the detention basin and storm water piping outlets limit storm water runoff to Roaring Brook Road to no greater rate or volume than is now occurring. During larger storm events, a significant amount of storm water runoff would be re-directed to piping that discharges north of and away from Roaring Brook Road. Caroline Taylor, 54 Cook Road is opposed to the subdivision because of potential flooding to her mother’s property. Mr. McMorrow demonstrated the storm water system discharge would not affect Mrs. Taylor’s property. Tom Land, 64 Cook Road concerned with water supply, water quality and affect on wetlands. Michael Guaglianone, Regional Water Authority stated Lot 18 in his comment letter refers to the current Lot 18 and not the original Lot 18. Concerned with erosion measures at the point of discharge on RWA property north of Roaring Brook Road. Lots 9 & 10 have standing water and he is concerned with the septic placements. Also stated Chesprocott has notes that wetlands may not be delineated on these lots. With the detention basin, he asked to have the local orifice raised to contain more water within the basin for ground water re-charge. Tom Beard, 79 Cook Road asking what recourse he has if there are well water problems or flooding consequent of this development. Mr. Beard stated his well is 200 feet deep; his son’s well at 83 Cook Road is 700 feet deep. Tim Francoise, 121 Cook Road concerns with stress on aquifer, well water supply, and damage from blasting with 27 new residential wells. John Schieffer, 91 Cook Road saying what is calculated and designed to function and what actually occurs when a development is built out are not always the same. There were no further comments and the public hearing was carried over to March 13th at 7:30 p.m. Commissioners discussed a visit back to Lots 9 & 10 to view the ground water seepage. They asked Mr. McMorrow to meet at Dogwood Drive at 4:00 p.m. on Thursday. Two commissioners at a time would inspect the property.
New Business (cont)
b. Mark & Joan Chevrier, 215 Cheshire Road. Garden center structures within regulated area. Mr. Chevrier. Mr. Chevrier stated he had previously received a wetlands permit for a plunge pool on this property (Application 15-01). A stipulation of that approval was that an up-dated site plan be submitted to the Inland Wetlands Commission detailing the location of on-site facilities. He now has that plan for submittal and is requesting wetlands approval for his proposed building and greenhouse. The existing trailer and greenhouse are to be removed. Motion by J. Kaufman, seconded by C. Wentworth to accept Application 17-05 of Mark Chevrier for regulated activities associated with garden center structures and waive fees. Unanimous. Mr. Chevrier stated because of the high ground water table on this property the health department will not approve a septic system. Commissioners discussed paving a portion of the parking area to help reduce sediments from washing into the plunge pool and eventually into the abutting drainage swale. No action was taken.
Public Participation: None
Land Use Inspector’s Report:
Chairman Koehler asked Bill Donovan for an explanation of the Hinckley letter submitted under correspondence. Bill described the problem as an above-ground footing drain pipe discharging from the Hinckley’s property onto the back property at 93 Plank Road. Mr. LaChance who owns that property and who also received Inland Wetlands approval for regulated activities associated with his new house wants the Hinckley’s pipe removed. He did offer to allow the Hinckleys to extend a drainage pipe across his property at their expense. She is refusing to do so and is saying in the letter that the water draining out from her drainage pipe is the result of grading changes made on the LaChance property approved with his application. The building inspector has issued Mrs. Hinckley a notice to relocate the drainage pipe.
In other business, John Kaufman reviewed with the commission the proposed Open Space Plan for Prospect. John stated the town needs a defined plan to help direct the land use commissions to desired properties or locations considered for open space. Thereafter, should these open space locations be within a proposed subdivision, it gives the town, and not the developer, more control over determining where open space will be offered or requested. John will serve as the Inland Wetland Commission’s representative on the Open Space Acquisition Committee being formed and also will serve on a commission to develop an Open Space Plan for the town. Commissioners discussed setting a time for a Special Meeting to establish site inspection schedules. A date was set for Thursday, March 2nd at 7:00 p.m.
Adjournment: Motion by S. Sackter, seconded by J. Kaufman to adjourn at 11:00 p.m. Unanimous.
Arnold Koehler, Chairman
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