Board members Present: Arnold Koehler, Charles Wentworth, Charles Dorman
Alternate Members Present: Stephen Sackter
Absent Members: John Kaufman, George Carrington
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 J. Kaufman.
Approval of Minutes: Motion by C. Dorman, seconded by S. Sackter to approve the minutes of the Jun< 10, 2006 meeting as amended. Unanimous. Motion by C. Dorman, seconded by S. Sackter to approve the minutes of the June 19, 2006 Special Meeting as amended. Unanimous.
Communications: (1) Connecticut Association of Conservation and Inland Wetlands Commissions, Inc.: "The Habitat" Spring, 2006.
Old Business:
a. Town of Prospect, 36 Center Street. Planned drainage improvement projects for 2006-2010. Mayor Robert Chatfield stated the application is for standard road repairs associated with long-term roadway improvements and also as a result of recent heavy rainfalls that have caused a need for added drainage facilities. Chairman Koehler assigned Application 06-05 with this application. Motion by C. Wentworth, seconded by C. Dorman to accept Application 06-05. Unanimous. Motion by C. Dorman, seconded by C. Wentworth to approve Application 06-05 and waive the fees for the Town of Prospect. Unanimous.
b. Application 06-01: Katherine O'Grady, R. Grenier, D & W Rek, 32 Rek Lane. Culvert over watercourse. Chairman Koehler stated a site walk took place on July 18th. The commissioners did not foresee a potential impact to the watercourse with this proposed culvert. Motion by S. Sackter, seconded by C. Dorman to approve Application 06-01 for a culvert addition at 32 Rek Lane. Unanimous.
c. Application 06-02: Mark & Karen Southard, 17 Salem Road. Proposed driveways crossing wetlands; septic system within regulated area. Rowland Desrosiers of R.J. Desrosiers and Associates represented the applicants. Chairman Koehler stated a site walk occurred on July 18th. Mr. Desrosiers presented pictures of past driveway crossings similar to what is being proposed. Mr. Desrosiers presented samples of the type of geo-fabric planned for the construction of the driveways. The fabric is place directly on the wetlands. Water can past through; soils do not. Revised plans were also presented showing 10" pipes crossing the driveways rather than the original 6" pipes. Mr. Desrosiers submitted a report from Henry Moeller, a soils scientist who conducted an on-site investigation of the site. Mr. Desrosiers outlined the report. Chairman Koehler asked if this application is within a public water supply watershed. Mr. Desrosiers stated he checked with B. Donovan who confirmed this location is not within a public water supply watershed. Chairman Koehler stated because of the significant impact on the wetlands as proposed a public hearing is in order. The Chairman stated the applicant should have a report from the Chesprocott Health Department available for the hearing. The public hearing was scheduled for Monday, August 14, 2006 at 7: 30 p.m. C. Wentworth asked if Land-Tech should review the application. Chairman Koehler agreed Land-Tech should review the application prior to the public hearing.
d. Josephine & Armand Rosanelli, 209 Cook Road. Sedimentation from eroded driveway entering wetlands. Chairman Koehler stated a site walk occurred on July 18*. Chairman Koehler stated after the commission's site walk, it was felt Mr. Rosanelli needs to place water bars along the driveway to disperse the amount and force of water runoff prior to entering the abutting wetlands. B. Donovan stated Mr. Rosanelli has marked certain trees to be cut down and utilized for the water bars. Mr. Rosanelli hopes t( begin work within a week's time. C. Wentworth asked if an application is needed. Chairman Koehlei stated this is more of an enforcement issue that is now noted in the records.
e. Application 06-03: Stephen and Karri Lombardo, 66 Union City Road. Application for an in-grounc pool within a regulated area. Chairman Koehler stated a site walk occurred on July 18th. It was recommended there is to be no disturbance to the embankment. The filter does not require backwashing: however a dry well was requested to capture any pool water drainage prior to entering wetlands. The Chairman recommended a new map showing the final location of the pool, the embankment and stone wall as reference points. Motion by C. Dorman, seconded by S. Sackter to approve Application 06-03 of Stephen and Karri Lombardo for an in-ground pool with conditions that a new plot plan be submitted to the Land Use Office showing the pool location, dry well, embankment and stone wall, and that the Inland Wetlands Agent be notified prior to the start date of the project. Unanimous.
f. Application 06-04: Steven McLean, 59 Plank Road. Application for filling over -wetlands. Chairman Koehler had suggested to the applicant at the site walk that water running underneath the smaller building be piped. The downspouts would be connected to the piping and a yard drain installed. The yard drain would be located off the rear, left hand corner of the building. The piping would extend into the wetlands where a plunge pool is to be located to reduce the force of the piped water. C. Wentworth stated he noticed an additional pipe coming from the larger house. C. Wentworth questioned where the septic system is located for the smaller house. C. Wentworth asked B. Donovan to try and find out where the septic systems are located. Silt fencing was placed along the brook near the bike jump. Motion by C. Wentworth, seconded by S. Sackter to approve Application 06-04 of Steven McLean for filling over wetlands with stipulation to check into the septic location of the smaller house. Unanimous
g. Charlene Spreda, 35 Candee Road. Pond Restoration. Chairman Koehler stated on Thursday, July 20th George Benson, who is a limnologist, visited the pond for an initial inspection. Chairman Koehler, B. Donovan, C. Wentworth and S. Sackter were also present. Mrs. Spreda was there also and showed Mr. Benson pictures of the pond prior to construction of the "Prospect Estates" subdivision and after the subdivision was under development. Chairman Koehler stated the Town's attorney is now involved in this matter and is recommending a Special Meeting to address this matter. (At this time Chairman Koehler, B. Donovan, the Town's attorney, Mr. Beausoleil and Mr. Beausoleil's attorney left the room for a conference). When all parties returned, Chairman Koehler stated the matter of the Charlene Spreda pond restoration will take place at the next regularly scheduled meeting on August 14*. Hearing On Cease And Desist Enforcement Order 7:40 p.m. Nutmeg Investments LLC, 193 Cook Road. C. Wentworth recused himself from the hearing. S. Sackter recused himself from the hearing. Chairman Koehler read into the record a "Cease & Desist Enforcement Order" dated July 17, 2006 addressed to Lawrence Beausoleil, Nutmeg Investments, LLC. The enforcement order states ownership of the lots within the "Prospect Estates Subdivision" containing approved regulated activities has been transferred from "Prospect Estates, LLC" to "Nutmeg Investments, LLC" without written authorization from the Commission as is required by the permit. The Chairman also read into the record a letter dated July 18, 2006 from Prospect Estates, LLC requesting transfer of the regulated activities approved on Lots 3, 4, 5, 6 and 7 to Nutmeg Investments, LLC. At this time, it was noted that there were only two commissioners present and therefore there was not a quorum of commissioners present to take action on this "Cease And Desist" order. Attorney Jennifer Yoxall of Carmody & Torrance, LLC as the legal council for Prospect in these proceedings was in attendance. Attorney Yoxall and Attorney Towers, who is representing both Prospect Estates and Nutmeg Investments, exited the room for a private conference. While the attorneys were absent, the Chairman continued with other business.
New Business: a. Highland Greens Golf Course, 122 Cook Road. Repair of French drain. George Sabo, HI representet the applicant. Mr. Sabo related the ground drains around their 2nd green are failing and need to bi repaired. C. Dorman acknowledged the day of receipt of the application as July 24th. The Chairmai assigned Application 06-06 to this application. A site walk was set for Thursday, August 3rd at 6:00 p.m. Hearing On Cease And Desist Enforcement Order (cont): 8:13 p.m. Chairman Koehler reconvened the hearing. Jennifer Yoxall of Carmody & Torrancs representing the Town of Prospect stated both Charles Wentworth and Stephen Sackter had recusec themselves based on their potential conflict of interest in this hearing. She stated Attorney Steven Towei has agreed to waive any conflict of interest if commissioners Wentworth and Sackter wish to participate in the discussion and vote on the order. Attorney Tower, representing Prospect Estates and Nutmeg Investments, LLC stated his client will sign a statement acknowledging their consent to allow C Wentworth and S. Sackter to participate in the hearing. Attorney Yoxall presented the agreement foi consideration which says rather than transfer the obligations and responsibilities for the regulated activities from Prospect Estates, LLC to Nutmeg Investments, LLC., Prospect Estates, who has placed a bond on the subdivision covering erosion and control requirements that includes all regulated activities, would continue to be the permittee and fully responsible for compliance with the permit conditions. Therefore, if there is a problem with work being performed by Nutmeg Investments, Prospect Estates is responsible for that activity. If it became necessary, the commission could request release of that portion of the bond for erosion and sedimentation controls and restore the site to compliance. Additionally, Nutmeg Investments would also be fully responsible for their own activities and subject to enforcement actions. Contacts and phone numbers for Nutmeg Investments will be provided to the commission and the Wetlands Agent. If it becomes necessary to issue a Cease & Desist Order in the future, that Order could be issued to Prospect Estates, Nutmeg Investments, or both. Also, if the Town did call the bond at a future date, neither Prospect Estates nor Nutmeg Investments can object to the bond being called on the grounds that they are not the one violating the regulations or permit. The bond in place is for $188,000.00. C. Dorman stated there are problems with this subdivision that should be corrected before the commission acts on this issue. Attorney Sills stated this Cease & Desist Order pertains only to the transfer of ownership and not to other issues to be addressed at a future meeting. Chairman Koehler asked if there is a need for an additional permit issued to Nutmeg Investments. Attorney Yoxall does not feel this is necessary. She stated the object of the written agreement is to know who is responsible for regulated activities and who to contact. This agreement addresses those concerns very clearly. S. Sackter asked if a new bond under Nutmeg Investments is required. Attorney Yoxall stated the current bond covers all work taking place within the subdivision including individual lots. Voting to release this Cease & Desist does not void the other Cease & Desist in effect. Attorney Towers stated there is a strong financial interest with both Prospect Estates and Nutmeg Investments to be in compliance with the permit. Attorney Yoxall read a draft copy of the proposed agreement in discussion. C. Wentworth asked what the limit of an LLC is. Attorney Towers stated a municipality rarely asks what are the assets of an applicant in determining a bond amount. A bond figure is based on the exposure to the municipality for non-performance. Also, a performance bond is generally reduced as the successful completion of the site goes forward. Attorney Yoxall stated the Cease & Desist would be lifted upon the signing of the agreement as presented and discussed. C. Wentworth asked that Planning & Zoning receive a copy of the agreement before releasing a portion of the bond and that Inland Wetlands be made aware when bond reductions are requested from Planning & Zoning. Chairman Koehler asked for a motion to release the Cease & Desist Order dated July 17, 2006 upon signing by both Prospect Estates and Nutmeg Investments of a final draft of a prepared agreement detailed at this hearing and approved by the Town's attorney. C. Wentworth made the motion as presented by the Chairman; seconded by S. Sackter. In favor: 3. C. Dorman abstained. Motion to release the Cease & Desist with conditions carries.
Chairman Koehler stated an application (Application 06-06) was received from Highland Greens Golf Course, 122 Cook Road for repairs to a French drain. A site walk was scheduled for Thursday, August 3ri at 6:00 p.m. A formal motion to accept the application was made by C. Dorman and seconded by S. Sackter. Unanimous.
b. Senior Poncho 's of Prospect, 280 Cheshire Road. Repair of carch basin/landscaping. The applicant was not in attendance. Chairman Koehler stated he has inspected the site and does not feel there is an impact to wetlands or a watercourse. Motion by Dorman, seconded by S. Sackter to accept Application 06-07 of Senior Pancho's. Unanimous. The Chairman asked the commissioners to visit the site prior to the next meeting, but did not set an official site walk.
Public Participation: None
Land Use Inspector's Report: None
Motion by C. Dorman, seconded by S. Sackter to adjourn at 9:50 p.m. Unanimous.
Arnold Koehler, Chairman