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 7:06 p.m. S. Sackter was seated for G. Carrington.
Communications: (1) CT Department of Environmental Protection: 2006 Municipal Inland Wetlands Commissioners Training Program; (2) CT Federation of Lakes: “CFL News, Winter 2006; (3) Institute for Wetland & Environmental Education & Research, Inc: 2006 Training Schedule; (4) Joseph Kanada, Yale School of Forestry and Environmental Studies: Commissioner Survey; (5) CT Department of Environmental Protection: Announcement of availability of an Interactive Wetlands Training DVD.
Approval of Minutes: Motion by J. Kaufman, seconded by S. Sackter to approve the minutes of the February 22, 2006 Special Meeting as amended. Unanimous.
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 still not located the wetlands as of this date. Bill spoke with both the surveyor and engineer who confirmed he has the work scheduled. No action was taken.
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 a watercourse within wetlands close to the proposed structure and had requested Mr. Day consider other site options that would place the garage further from the watercourse and wetlands. Mr. Day presented a drawing showing a new, attached garage located on a portion of the existing paved driveway that would be 24 feet farther from the wetlands and watercourse. J. Kaufman suggested the applicant put in a stone swale or pipe adjacent to the driveway to divert surface water runoff away from the driveway and new garage and into the wetlands. Mr. Day stated he would also need to modify the existing driveway to accommodate parking space. The commission complimented Mr. Day on his efforts to produce a feasible and prudent alternative to his original proposal. Motion by S. Sackter, seconded by J. Kaufman to approve Application 14-05 for regulated activities associated with a new attached garage and driveway improvements. Unanimous.
c. Application 15-05: American General Investor, 44-50 Waterbury Road. Commercial development with storm water discharge to wetlands. Dave Carson of O.C.C. Design, Inc. represented the applicant. Mr. Carson stated since first presenting the plans to the commission at the January 23rd meeting, he has modified the storm water detention design to where the portion of the system in the parking area that discharges to Route 69 can satisfy a 25-year storm event, and the remaining portion of the storm water detention system that discharges to the wetlands will be capable of detention and flow metering for a 100-year storm event. This re-design was based on comments from both Mayor Chatfield and town public works officials who stated human disruption over the years within this 4.7 acre wetland located between the applicant’s proposed development and Summit Road have impacted the wetlands’ natural ability for storm water storage. Consequently, that portion of Summit Road that receives the outflow from the wetlands has seen periodic flood waters pass over the road’s surface. Town officials were very concerned that any additional storm water discharge into these wetlands would exacerbate the problem. Mr. Carson stated an oil/water separator has been added at the beginning of the discharge pipe leading to the grassed swale at the back of the property. Discharge is then directed to a level spreader and finally a bermed natural detention area located uplands of the wetlands that provides for secondary detention of higher intensity storm events. J. Kaufman asked if an oil/water separator is planned for that portion of the storm water system discharging to Route 69. Mr. Carson stated hooded catch basins are planned. By design, these basins trap oils and prevent them from discharging into an outflow pipe. Commissioners stated they expect the applicant to follow his General Construction Sequence detailed in the plans, noting that all erosion control measures are to be in place prior to construction and that the storm water detention system is to be in place before construction begins on the building and parking area. A proposed construction schedule is to be submitted to the Land Use Inspector. Commissioners agreed a $5,000.00 bond be established for assurance all erosion and sedimentation control measures are properly installed and maintained throughout the project. Motion by J. Kaufman, seconded by S. Sackter to approve Application 15-05 of American General Investors for regulated activities located at 44-50 Waterbury Road and that a $5,000.00 performance bond is filed with the Town of Prospect in a form acceptable to the Town Attorney. Unanimous.
d. Application 17-05: Mark & Joan Chevrier, 215 Cheshire Road. Garden center structures within regulated area. Commissioners reviewed with Mr. Chevrier his latest drawings placed on his plan dated 11/8/05. Discussions centered on providing adequate drainage facilities to capture and direct roof and surface runoff to a plunge pool located at the southeastern corner of the property. Additional yard drains and piping will be installed to capture roof runoff from the two structures and surface runoff from the parking area. Catch basins with sumps 4-5 feet deep are necessary to contain sediments prior to storm water release off site. One basin is to be located within the parking area. The office building is planned to be constructed during the summer months; the greenhouse will be erected at a later time. A temporary basin may also be necessary to contain surface runoff coming off the parking lot and mulch areas during the construction period. Motion by C. Wentworth, seconded by S. Sackter to approve Application 17-05 of Mark Chevrier for regulated activities associated with garden center structures. Unanimous.
New Business:
a. Application 16-05: Connwood Foresters, 26, 29 Porter Hill Road, 142 Straitsville Road. Forestry operations within CT Water Company watershed land. Chairman Koehler stated a site walk scheduled for March 4th was cancelled due to ground snow conditions. A second site walk was scheduled for Saturday, April 1st at 9:00 a.m. No one was present for the applicant. No action was taken.
Public Hearings:
a. 8:14 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 from February 22nd). Chairman Koehler read into the record a letter fax addressed to Mr. Finno from Michael Klein, Registered Soil Scientist with Environmental Planning Services stating on March 6th &10th he conducted additional field investigations on Lots 9 & 10 and found no wetlands soils or watercourses on either lot. Dennis McMorrow of Berkshire Engineering represented the applicant. Mr. McMorrow stated in regards to concerns expressed at the last public hearing from Mayor Chatfield and the public about an adequate well water source being available to supply 27 new houses within this subdivision, Mr. McMorrow proposed placing a note on the record subdivision map stating that approval of the subdivision does not guarantee the quantity or quality of well water supply for the proposed building lots. Another condition would be to require each well on separate lots to be drilled and certified by the Health Department prior to the installation of the foundation. J. Kaufman asked if there would be any recharge of the upland area. Mr. McMorrow stated roof drains could run thru a buried gallery and the detention pond, which is located in an area with substrata consisting of sand and gravel, is designed to allow recharge also. Mr. McMorrow stated there was no evidence of standing ground water or mottling on septic test pits located in the lower lots in the area of the detention basin indicating good seepage. Mr. McMorrow stated the low level outflow pipe in the basin can be raised to increase the level and amount of water for recharge back into the ground. Chairman Koehler asked what the construction sequence would be. Mr. McMorrow stated the roads and detention basin would be constructed first, and the lots closer to Cook Road would likely be the first ones developed. Chairman Koehler asked if there is a way to monitor the initial wells drilled for consistency of production and to compare with well production from later wells. Mr. McMorrow stated from his experience once a well is drilled, it retains the original recorded production levels. Mr. McMorrow stated in his opinion the development of this subdivision will not cause neighboring homes to have a wet basement. The project, again in his opinion, would not hurt or help the issue of wet basements. Regarding water quality concerns, the new septic systems installed must comply with State health code standards. The storm drainage system is being designed utilizing current best management practices. In regards to downstream flooding concerns, the storm water discharge is designed to allow lesser storm events to discharge into the existing 24” culvert under Cook Road and into Roaring Brook. More intense storms will discharge into the higher outlet in the detention basin and flow northerly in piping on Cook Road to an outlet on the RWA’s Prospect reservoir watershed. The storm water system not only reduces peak flow discharge to Roaring Brook Road but also takes away high water volume from Roaring Brook discharging that excess water onto the watershed of the Prospect Reservoir. The design of this system will not eliminate flooding problems on Roaring Brook Road, but neither will it make the flooding worse. J. Kaufman asked if, once the detention system is in operation, whether adjustments can be made to enhance the system’s effectiveness in controlling storm waters. Mr. McMorrow stated changes in the diameters of the outlet pipes is one possible way. J. Kaufman asked whether a condition of approval could be to require the applicant to correct or “tweak” outlet facilities within the detention basin to maximize future effectiveness. S Sackter asked if there is an authority that might be available to assess the aquifer under the project. Mr. McMorrow stated the storm water system balances the separate concerns of down stream flooding and loss of raw water product within a public drinking water supply watershed. Regarding Lots 9 & 10, Mr. McMorrow stated he met with commissioners and Bill Donovan on separate occasions and also representatives from Chesprocott Health who re-visited the lots for additional testing. In his opinion, both lots are suitable for septic systems. B. Donovan asked whether this project would be “balanced” where the proposed cuts and fills would equal out to avoid materials being removed off site or materials being brought onto the site. Mr. McMorrow could not say at this time, stating once road bids are obtained he would have a better understanding of materials required. Chairman Koehler asked for comments from the public. Tom Land, 64 Cook Road asked if storm waters from Dogwood Drive would be connected into this new system. Mr. McMorrow stated approximately 1.5 acres of drainage area would be picked up, which has been factored into the design of their detention basin. Also asked why new piping is needed on Cook Road. Mr. McMorrow stated new piping was requested by the Town’s public works director to better serve this project. Also concerned with the “kettle bowl” located within the RWA property off of Cook Road and impacts on surrounding watercourses and wetlands. Joellyn Jason, 14-R Dogwood Drive submitted and read a letter from Ann Stein, 80 Cook Road generally opposed to new development in this area. She expressed her own concerns with the impact of this development on the surrounding area including well water supply and storm water runoff. Mr. McMorrow indicated only one catch basin on Dogwood Drive is being intercepted into the storm water system. Mary Ellen Weston, 22 Dogwood Drive is opposed to the subdivision. Concerned with any blasting and additional houses causing well water problems. J. Kaufman queried whether future houses along the westerly side of Finno Drive could eventually be built and connect into this storm water system. Chairman Koehler reviewed various recharge options. Mr. McMorrow stated lots on the east side of Finno Drive and the down side of Wisteria Lane all drain towards the abutting wetlands and would not connect into the storm water system. Chairman Koehler asked to continue the public hearing to the next meeting to allow final comments from the town consultants to be entered into the record. A letter from the applicant acknowledging an extension of time for the public hearing will be forwarded. The public hearing was continued to April 10th at 7:45 p.m.
Old Business(cont)
b. 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.
New Business:
a. Joseph & Tracy Theroux, 9 Rachel Ann Court. Inground pool within regulated area. Mr. Theroux presented a plan showing a proposed inground pool approximately 25 feet from wetlands on his property. Commissioners asked how backwash water would be contained to avoid a direct discharge to wetlands. B. Donovan also mentioned the need for the applicant to notify the CT Water Company as this property is located within a public water supply aquifer. Motion by C. Wentworth, seconded by S. Sackter to accept Application 18-05 for regulated activities at 9 Rachel Ann Court. Unanimous. A site walk was scheduled for Saturday, April 1st at 9:45 a.m.
Chairman Koehler asked for a motion to add Timothy O’Rourke, 15 Mixville Road to the agenda. Motion by C. Wentworth, seconded by J. Kaufman to add Timothy O’Rourke to the agenda. Unanimous. Chairman Koehler noted that Mr. O’Rourke has been before the commission for regulated activities (Application 11-05) consisting of thinning of dead and damaged trees within wetlands, marginal filling of wetlands to accommodate a proposed storage building, placement of a 20’ x 40’ garage within regulated area, and a wood bridge crossing over wetlands. Mr. O’Rourke was unable to provide all requested information relative to this application within the legal time limits and the commission denied the application.
b. Timothy O’Rourke, 15 Mixville Road. Regulated activities including filling of wetlands. Mr. O’Rourke stated since the commission withdrew his application he has obtained a soils report and wetland delineation mapping from a certified soil scientist. He submitted the report and map to the commission. Mr. O’Rourke also stated he contacted the Chesprocott Health Department for information on the location of his septic system; however the Health District had no information on file. J. Kaufman asked for information on the integrity of the septic tank. Motion by C. Wentworth, seconded by S. Sackter to accept Application 19-05 of Timothy O’Rourke for regulated activities at 15 Mixville Road. Unanimous. A site walk was scheduled for Saturday, April 1st at 10:00 a.m.
Land Use Inspector’s Report: Bill Donovan advised the commission that the town attorney has Wednesday, April 12th available to meet with the town’s land use boards to discuss legal issues pertaining to the roles and responsibilities of the commissioners. This would be an evening meeting.
John Kaufman stated the commission should hold a Special Meeting before the next scheduled meeting on April 10th to begin the review and discussion of the Toll Brother’s application. A tentative schedule for site inspections by commissioners would also be established. B. Donovan would confirm a date when commissioners would be available for the meeting.
Adjournment: Motion by S. Sackter, seconded by J. Kaufman to adjourn at 9:50 p.m. Unanimous.
Arnold Koehler
Chairman