Board members Present: Arnold Koehler, John Kaufman. Charles Wentworth
Alternate Members Present: Stephen Sackter
Absent Members: George Carrington, Charles Dorman, Stephen Mulhall (alt)
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 C. Dorman.
Approval of Minutes: Motion by S. Sackter, seconded by C. Wentworth to approve the minutes of thi September 11,2006 meeting as amended. Unanimous.
Communications: (1) CT Assoc. of Conservation & Inland Wetlands Commissions: (a) Brochure on 29f Annual meeting & Environmental Conference, (b) "The Habitat" Summer 2006: (2) Council o Governments Central Naugatuck Valley: Notice requirements under PA 06-80: (3) Southwes Conservation District, Inc.: "Soil and Water" Fall 2006: (4) Connecticut Water Company: Public watei supply watershed notification requirements;
Old Business:
a. Application 06-08: Motcat Inc., 80 Straitsville Road. New Septic system, driveway in regulated area. Chairman Koehler indicated the applicant has presented a new plot plan showing the proposed house located in the front of the lot. Nancy Levesque, PE represented the applicant. Ms. Levesque stated the applicant would prefer to construct the house in the rear of the property, utilizing the driveway easement previously discussed. She stated there is ledge in the front of the lot, and the septic system would be a pumped system rather than a gravity flow resulted in added costs of construction. If the house in the front is preferred, the applicant would ask for approval for the driveway access to the rear of the property for future use for a garage or shed. J. Kaufman asked about elevations of the front house and septic. He questioned the type of raised ranch proposed, suggesting a "high ranch' type of design. He also did not feel the commission should consider economics as a hardship in determining decisions on applications. Ms. Levesque again stated the applicant prefers to build in the rear, but should the commission decide in favor of the front lot, that they are asking for approval of the rear driveway access for a future accessory building. Chairman Koehler mentioned removal of the wood chips and dirt pile. C. Wentworth mentioned a prior proposal under Shannon Development shows the house in the front and the septic located in the rear of the property. Chairman Koehler indicated both the house and septic are outside of the regulated area. Ms. Levesque again stated their preference for their original proposal for a house in the rear. Commissioners reviewed plans for the original subdivision. Chairman Koehler stated he has no problem with the original application. The septic is 80 feet from the wetlands, the reserve is 60 feet from wetlands; the driveway is 20 feet from wetlands. Thomas Delmonico, representing Motcat, Inc. stated he would gladly sell the portion of property in the rear of this lot to the neighbors to help compensate for the added cost of building the house and septic in the front. S. Sackter stated the original proposal is not a bad one from a wetlands point of view. Jean Whibey, 80 Straitsville Road interjected herself by challenging the commission's failure to perform a site walk or notify her personally of the site walk. Chairman Koehler stated a site walk was performed and that notices for the site walk were properly filed. The Chairman again stated the easement conflict between Ms. Whibey and the applicant is not an inland wetlands issue. He stated the wetlands shown on the plans have been marked by a soils scientist. Ms. Whibey stated the wetlands markings are mis-marked. Ms. Levesque stated a licensed land-surveyor did the stake-out and re-flagged the wetlands in accordance with the original subdivision map. J. Kaufman stated while on the site walk, he took a measurement to wetlands that confirmed the accuracy of the markings. Chairman Koehler stated he does not have a problem with Application 06-08 as it stands. J. Kaufman said there is no proposal for an additional driveway crossing over wetlands. C. Wentworth stated the medallions (wetlands boundary markers) need to be placed in accordance with the original Shannon Development approval. Chairman Koehler stated the wood chips also need to be removed, and the dirt pile relocated and protected with a silt fence. Motion by S. Sackter to approve the original application as presented. C. Wentworth asked if Mr. Delmonico will have to place the markers as discussed. It was mentioned Mr. Delmonico will now need permission to access private property within the original subdivision. J. Kaufman asked if a decision must be made at this time. Chairman Koehler stated the decision must be made at this meeting. Chairman Koehler stated the applicant and Ms. Whibey can still meet to further see if an agreement can be worked out concerning the rear portion of this property. Even if approved for the rear, Mr. Delmonico could still go forward with putting the house in the front of the lot after advising the commission. Chairman Koehler stated there is no significant impact whatsoever with the proposal as presented. J. Kaufman stated the septic system in the front shows a ground water level lower than the septic system in the rear. Mr. Delmonico again stated the house in the front will require more extensive excavation that in the rear. J. Kaufman stated his preference to approve the house in the front. Because no commissioner would second the motion to place the house in the rear, S. Sackter withdrew his motion. Motion by J. Kaufman, seconded by C. Wentworth to approve Application 06-08 for a house and septic shown in the front of 80 Stratisville Road with stipulations as discussed. Unanimous. Tom Delmonico asked what impacts were considered for not allowing the house in the rear. J. Kaufman stated there are regulated activities with the original proposal and none with the alternate. The alternate proposal is therefore the safest from a wetlands perspective.
b. Prospect Estates Subdivision/Spreda Pond Restoration Charlene Spreda, 35 Candee Road stated her soils scientist has not completed his studies and report at this time. They are also contacting a limnologist for further comment. George Logan, Ken Stevens and Chris Allen are still planning to meet to discuss solutions. Chairman Koehler stated this item will be placed on the October 30 agenda.
c. Application 06-02: Mark & Karen Southard, 17 Salem Road. Proposed drive-ways crossing -wetlands; septic system -within regulated area (public hearing closed September 11th). Chairman Koehler read into the record a letter dated October 11, 2006 from Land-Tech Consultants, Inc. as the engineering consultants for this project. Rowland Desrosiers stated he has not seen the letter from Land-Tech and did submit the hydraulic calculations. The date of the letter was after the close of the public hearing. Chairman Koehler stated after reviewing Section 6 of the regulations it is his opinion this application imposes a significant impact by proposing to fill approximately 5,000 square feet of wetlands. There is a feasible alternative available to construct a roadway in from Salem Road that would eliminate the need for the driveways altogether. He understands this would be an expensive alternative for the applicant, but it is a prudent alternative nevertheless. He is recommending the commission deny this application. J. Kaufman stated water flows from Carmel Drive under Straitsville Road passing through the wetlands where the driveways are to be constructed and continuing on to Pond View Drive and Old Logtown Road. He is concerned one pipe may hinder this extensive transfer of surface water. He is also concerned with the extent of the wetlands crossing when there is the availability of an alternative of accessing these properties from Salem Road. He recognizes the considerable cost involved, but he feels as a wetlands commissioner he must look at the impact to the wetlands. Also, the twin driveways would also impact the natural flow hydrology of the surrounding wetlands. S. Sackter stated these two driveways are disrupting more wetlands then a recent application from Toll Brothers for 366 homes. Mr. Southard asked if they made corrections to their plan as stated in the Land-Tech letter if that would help in the commission's decision. Both J. Kaufman and Chairman Koehler stated it would not because the application still calls for the permanent disturbance of 5,000 square feet of wetlands and a prudent alternative still exists. Economics are not a reason for consideration. Mr. Southard asked if there have been other similar applications approved for driveway crossings. Chairman Koehler stated the issue is the impact on wetlands as presented in this application. Mr. Desrosiers asked if he reduces the impacts to 2,500 square feet, would the commission reconsider their decision. Chairman Koehler stated he would need to see a new plan before making any decision. Mr. Desrosiers asked if the septic systems as presented are ai issue. Chairman Koehler stated he does not see the septic systems as an impact. J. Kaufman again state* they must look to alternatives regardless of what changes to the application are forthcoming. S. Sackte also confirmed the driveway crossings are a significant impact. Motion by J. Kaufman, seconded by S Sackter to deny Application 06-02 for driveway crossings over wetlands because of the significant impac to wetlands involved and the fact there is a prudent alternative available. Three votes in favor with ont abstention (C. Wentworth). Motion to deny carries. C. Wentworth noted that Land-Tech's final review letter dated October 11,2006 was not made available to the applicant.
New Business:
a. Rosenfield Enterprises, Inc., 157A Summit Road. Regulated activities associated with a proposed residential subdivision. Chairman Koehler mentioned a site walk for this application was made on October 7th. Rowland Desrosiers, R.J. Desrosiers and Associates represented the applicant. Plans were submitted that have been revised since the site walk as a result of comments received. Also submitted were a soils report and drainage calculations. Chairman Koehler stated he would also be looking for a biological evaluation report per Section 5 of the regulations. B. Donovan advised the applicant's representative that additional fees are required. Motion by J. Kaufman, seconded by S. Sackter to accept Application 10-06 from Rosenfield Enterprises as presented. Unanimous. Chairman Koehler stated because of the size of the project and degree of wetlands' impacts a public hearing is in order. The public hearing was scheduled for November 13,2006 at 7:30 p.m.
Old Business: (cont)
d. Application 13-05: Finno Development, 80 Cook Road. Review of revised plans for "Country Hills Estates" subdivision. At the previous meeting Bill Donovan stated Planning & Zoning had approved a revised plan for the Country Hills Estates subdivision that includes a strip of open space land across the north/south boundaries of the property. The open space effectively eliminates a road and storm water connection to Dogwood Drive and also eliminates one internal subdivision road (Finno Drive) and four lots. In revising their plans to comply with the open space requirement, Finno Development has eliminated the second drainage pipe at the detention basin designed to accept heavy rain event waters flowing into the basin that were to have been piped to discharge north of the intersection of Cook Road and Roaring Brook Road. Bill presented letters from Berkshire Engineering who designed the original subdivision plans describing the current regulated activities as basically the same as with the original proposal and stating there is still no direct impact or filling of wetlands. Mr. McMorrow also stated that storm water flows going into and out of the detention pond will now be less than the original plan and that they have not reduced the size of the detention pond adding a factor of safety in its effectiveness. A letter from Land-Tech Consultants was also read into the record stating the revised site development plans satisfactorily considers drainage, wetland, erosion and sediment control and road design issues. Commissioners were concerned with the homeowners living on Roaring Brook Road who may still believe the dual piping system coming out of the detention basin is to be installed. J. Kaufman stated the Regional Water Authority had acknowledged the discharge of water to their Prospect Reservoirs watershed as a good thing to avoid depletion of that source of supply. B. Donovan stated it was his understanding that the water Authority preferred water discharging into Roaring Brook to supplement their active water supply watershed for the Whitney Reservoir. Chairman Koehler stated he would write a letter to Planning & Zoning addressing the commission's concerns.
Public Hearings: None
Public Participation: None
Land Use Inspector's Report: Bill Donovan stated the Inland Wetlands budget line item for Engineering has been exhausted for this fiscal year. He recommended Chairman Koehler write a letter to Mayor Chatfield requesting a transfer of funds into this account for projected engineering costs to June 30th. He stated a letter has been sent to Timothy O'Rourke, 15 Mixville Road notifying him of the zoning violation concerning his existing plastic storage building and the potential threat to the wetlands by continuing to store paints and other hazardous chemicals. Mr. O'Rourke had been granted a wetlands permit in April to build a permanent detached storage building to replace this existing structure. The letter directs Mr. O'Rourke to remove the building and relocate the stored materials to a new location that does not threaten the wetlands. C. Wentworth stated the August 29th minutes still need to be approved. He also stated the oil filling tank at 44-50 Waterbury Road is still not protected and asked if any further investigations have been made concerning the discharge pipe leading from the Dairy Bar to the subdivision on Old Schoolhouse Road. B. Donovan stated he has spoken with the Sanitarian at Chesprocott again about this issue. It was mentioned that there is silt building around the catch basin at Senior Pancho's restaurant on Route 68. J. Kaufman stated the Reilly pond at Union City Road and Spring Road has severe siltation. He believes at least some of the sedimentation has come from the Boulder Brook development in addition to runoff from Route 68 and Clark Hill Road. He asked that this item be placed on the agenda for the next meeting. John also mentioned the regulations should have language for building out subdivisions in phases to ensure road development and storm water detention is fully installed and stabilized before proceeding further into the development. B. Donovan stated he has been working on a comprehensive revision of the regulations that should be available at the next meeting. C. Wentworth questioned how changes to the plans for Prospect Estates are being made without any consultation with the commission members. He was speaking about the cut in the Prospect Estates detention basin wall that has been filled in with stone. He feels commissioners should at least be made aware of these changes before they go forward and to understand why the changes are taking place. B. Donovan stated the town's consulting engineer had reviewed this proposal and considered it an effective way of eliminating the standing water in the detention basin to allow the developer to complete final grading and stabilization as emphasized by the engineer to the developer. Bill stated he normally contacts the chairman to advise on field changes but that the chairman does not recall being made aware. S. Sackter stated both Boulder Brook and Prospect Estates have detention basins that have failed. Both were reviewed and approved by the Land-Tech Consultants.
Adjournment: Motion by J. Kaufman, seconded by S. Sackter to adjourn at 9:55 p.m. Unanimous.
Arnold Koehler, Chairman