Board Members Present:Arnold Koehler, Charles Wentworth, John Kaufman
Alternates Present: Stephen Sackter
Absent Members: George Carrington, Charles Dorman (alt)
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 G. Carrington.
Correspondence: (1) Southwest Conservation District: 2006-2007 Budget Support Letter (2) Deborah Towers, 101 Scott Road: Letter on Toll Brothers Application (see Public Hearings).
Old Business:
a. Application 11-05: Timothy O’Rourke, 15 Mixville Road: Thinning of trees/brush in wetlands and filling of wetlands to accommodate storage building and outside storage. Mr. O’Rourke was not in attendance. Bill Donovan informed the commission that the statutory time limits to make a decision on this application expire prior to the next meeting scheduled for January 23rd. After discussion, it was the consensus of the commission to deny the application as incomplete and allow Mr. O’Rourke to submit a new, complete application at a future date. Motion by J. Kaufman, seconded by S. Sackter to deny Application 11-05 of Timothy O’Rourke because of insufficient information to determine the extent of impact on the wetlands. Unanimous. J. Kaufman mentioned the bridge crossing constructed by Mr. O’Rourke was not approved and should be considered a violation subject to enforcement actions.
b. Dinis & Maria Marques, 12 Woodland Terrace. Filling in wetlands. Chairman Koehler stated a Site Walk occurred December 31st. As a result of that site walk, the commissioners agreed wetlands are being filled in without a permit and therefore the activities are in violation of the regulations. Pictures were taken. An excavator was at the site during the site walk who appeared to have recently moved materials. The Chairman wants the property owner and his excavator to attend the next wetlands meeting to advise where the fill came from and describe what the fill materials consist of; mulch, pressure treated lumber, cement, metal were all visible. It was agreed that an engineered drawing showing the boundaries of the fill area and wetlands needs to be produced by the property owner. Discussion of whether the existing fill should be immediately removed or is sampling first needed to determine the makeup of the fill with the potential of finding contaminants. No action was taken.
Public Participation:
Mark Chevrier, 215 Cheshire Road. Mr. Chevrier questioned whether he should submit engineered drawings at this time for his application that was denied as incomplete on December 12th. Chairman Koehler stated Mark should re-apply with a new application and submit the drawings with the new application.
New Business:
a. Finno Development, Inc., 80 Cook Road. Application for a proposed 28-lot residential subdivision with regulated activities. Chairman Koehler stated a site walk occurred on December 31st and prior to a formal application to observe wetlands and locations of proposed regulated areas without the hindrance of snow cover. Mr. Finno had appeared at the December 12th meeting; however the commission did not accept the application because they could not schedule a site walk due to the ground snow cover at that time. (see December 12, 2005 minutes for a detailed description of proposed regulated activities). Dennis McMorrow of Berkshire Engineering & Surveying, LLC represented the applicant. Mr. McMorrow reviewed concerns expressed by the commission at the site walk. Concerning Lot 18, the high water boundaries of the abutting stream were field located and the septic system has since been relocated 50 feet from the edge of the high water mark of the watercourse. Commissioners continued to express concerns with the lot stating that although the septic system meets the minimum separating distance required by the Health Code, it still falls well within the 75-foot wetlands regulated area. The house is also located within the regulated area. Commissioners stated their position that the proposed subdivision, which is to be located within a 40 acre parcel with minimum wetlands, does not need to have a house and septic system 50 feet from the nearest wetland or watercourse. They asked Mr. McMorrow to consider revisions to Lot 18. The commissioners also discussed alternatives to the proposed storm water plan for this subdivision that has water collecting in a detention basin and discharging into an existing 24” storm water pipe that passes under Cook Road. The concern is any increase in water volume entering the 24” pipe could impact the downstream wetlands and properties along Roaring Brook Road. J. Kaufman questioned if upper sections of the project could have separate storm water detention areas to reduce volume at the proposed detention basin. Mr. McMorrow stated the topography does not work for this concept in that he could not get the needed downwards pitch of the drain pipes: the land is not sloped enough to allow water to flow downwards through a lengthy buried storm water pipe. It was noted that at the site walk the commissioners and applicant considered the possibility of redirecting storm water to an existing basin on Cook Road located north of the mentioned 24” pipe. Water entering this basin outflows north of the Cook Road/Roaring Brook intersection. Mr. McMorrow stated he would investigate this possibility. C. Wentworth asked if footing drains and roof drains would be connected to the storm water system. Mr. McMorrow stated the footing and roof drains are not proposed to tie into the storm water system. With no further comments, a Motion by J. Kaufman, seconded by S. Sackter to accept Application 13-05 of Finno Development, Inc. for a 28 lot subdivision on 80 Cook Road was voted Unanimous.
Chairman Koehler asked for a motion to place William Day, 19 Alison Court under New Business. Motion by C. Wentworth, seconded by S. Sackter to place William Day under New Business. Unanimous.
b. William Day, 19, Alison Court. Application for a detached garage within regulated area. Mr. Day stated he wishes to place a 2-car garage on his property. He presented a scaled copy of the approved subdivision map of his property showing wetlands delineation. The proposed garage would be almost at the edge of wetlands as shown on his map. Motion by C. Wentworth, seconded by S. Sackter to accept Application 14-05 of William Day. Unanimous. A site walk was scheduled for Saturday, January 14th at 9:00 a.m.
Public Hearings:
a. 8:02 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 December 12th) Chairman Koehler read into the record a letter from Deborah Towers, 101 Scott Road expressing concerns with the Toll Brothers proposal. Attorney Edward Fitzpatrick represented the applicant. He reviewed several earlier plans by the applicant that all had greater impacts on the wetlands than the current plan now before the commission. Attorney Fitzpatrick also showed a past conceptual plan of a corporate park for this property prepared for the Town of Prospect that, if approved, would also have had significant impacts on the wetlands. Attorney Fitzpatrick stated the current plan has a direct impact on wetlands of approximately 4,570 SF consisting of road crossings and utility installations. Additionally, there are activities within the regulated areas that are not a direct impact to wetlands. Attorney Fitzpatrick further stated Toll Brothers has attempted to address all of Land-Tech Consultant’s comments in their review letter dated December 12, 2005. John Mancini, BL Company proceeded to discuss specific changes to the proposal in response to Land-Tech’s comments. One of the many changes is to create a 50 foot buffer area from wetlands throughout the project that has no buildings or maintained lawn areas. Lawns will now be limited to no more than 25 feet from the back of any unit. Rear decks or patios are to be constructed. Dan Walton, Toll Brothers stated the Home Owners Association and permit approvals, along with deed restrictions can limit any replacement of the original deck with a new deck or 3-season deck to no larger than the size of the original deck. Lawn area can be limited to no more than 25-30 feet from the units or decks. Commissioners questioned if 25 feet was too little lawn area, especially if decks are constructed. Disturbed areas within the 50 foot buffer during construction would be returned to a woody seed mixture vegetation or other non-maintained natural state. As a consequence, an additional 4.2 acres of upland review area will now be left in a permanently undisturbed status. Direct wetlands impacts include cross over span bridges in two locations with open bottom culverts and two open cut trenches for sanitary sewer with a total wetlands impact in Prospect of 4,563.37 square feet or .105 acres. No utilities will be placed in a watercourse. Mr. Mancini again addressed reducing indirect wetlands impacts by establishing a 50 foot buffer from wetlands. He stated numbered conservation markers would be placed along the border of the buffer area. J. Kaufman suggested those numbered markers also be shown on maps for reference. An IPM, or Integrated Pest Management plan, will be established for the community. Roadway drainage will pass through an oil/water separator, swales, sediment basins, sediment forebays or a combination of these measures. Mr. Mancini referred to a prepared map highlighting changes made in response to Land-Tech’s comments. He showed areas where “Cape Cod” curbing will be installed in place of standard curbing to allow easier passage for small animals or amphibians crossing over paved areas from a wetlands to other wetlands or upland areas. Some retaining walls have been replaced with “Cape Cod” curbing. A 36” smooth pipe with a curbed entryway will be installed in certain locations under the road to direct small creatures through the underpipe crossway between two wetlands. In other locations, units have been relocated to help establish a vegetated wildlife movement corridor throughout the project. In one location, a road was redesigned and relocated to maintain the wildlife corridor. Wherever possible, upland wooded areas will be preserved. The goal of the project is to have a balanced site where no soils are imported or exported. Mr. Mancini recognizes that there may be a need to adjust final elevations from presented plans as the project proceeds to achieve limited soils movement. Mr. Mancini stated there is no problem accepting Land-Tech’s comments on storm water drainage or their erosion control recommendations. B. Donovan questioned evidence of vernal pools on site. Mr. Mancini stated his biologist has not reported vernal pools existing within the wetlands; however their storm water discharge points will not be placed in any potential location for a vernal pool as described by their biologist. Chairman Koehler asked if the discussed changes have increased or decreased the total number of units. Mr. Mancini stated the unit number remains at 366. C. Wentworth asked if questions from residents living downstream of the project have been addressed. Mr. Mancini stated they met with the family and agreed to remove a section of old 24” pipe in the stream and re-grade the embankment to prevent scouring and deterioration. Chairman Koehler asked for comments from the public. Ann Stein, Cook Road questioned the difference between the shown buffer zone and regulated area. She expressed concerns with any land disturbance being so close to the wetlands. Michael Vitti, 52 Scott Road asked questions regarding the affordable units. Chairman Koehler continued the public hearing to the January 23rd, meeting at 7:30 p.m.
Public Participation (cont)
Ann Stein, Prospect Conservation Commission mentioned on January 26th at 7:00 p.m. in the Prospect Library, Jim Gibbons of the DEP/NEMO will have a presentation on “Open Space Planning”.
Land Use Inspector’s Report:
Bill Donovan stated he spoke with Chesprocott Health regarding the pipe discharge onto the “Wooded Acres” subdivision on Old Schoolhouse Road where water quality testing indicated the presence of e-coli bacteria. Mrs. DiNicola of the Health District stated they will see what records are available and what they can do to address the matter. Bill mentioned as recommended by All State Utility Supply, Co. to Henry Berberat, Mr. Berberat will place a heavy layer of blown hay over the steep slopes behind Unit 6 at the Boulder Brook complex rather than an erosion control blanket as advised by the commission. All State’s recommendations are based on the time of year and frozen condition of the soils that together prevent the proper installation of the erosion blanket or any possibility of establishing new vegetation at this time. Commissioners mentioned getting a schedule for the 2006 meeting dates. Bill also stated at the next meeting (January 23rd) the commission needs to prepare their proposed budget for the 2006-2007 fiscal year.
Adjournment: Motion by S. Sackter, seconded by J. Kaufman to adjourn at 9:30 p.m. Unanimous.
Arnold Koehler, Chairman