Board members Present: Arnold Koehler, John Kaufman (7:15 p.m.), Charles Wentworth, Charles Dorman
Alternate Members Present: Stephen Mulhall, Stephen Sackter
Absent Members: George Carrington
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.
Approval of Minutes: Motion by C. Dorman, seconded by S. Sackter to approve the minutes oJ the July 25, 2006 meeting. Four votes in favor with one abstention. Motion to approve carries. C. Wentworth asked B. Donovan if he had investigated the septic system at 59 Plank Road. Bill stated Chesprocott's records show a common septic system for both buildings. Motion by S. Mulhall, seconded by J. Kaufman to approve the minutes of the August 14, 2006 meeting with amendments. Three votes in favor with two abstentions. Motion to approve carries. Approval of the minutes of the August 29th Special Meeting was deferred to the October 9th meeting.
Communications: (1) CT Department of Environmental Protection: Brochure on Inlana Wetland Commissioners Training Program: (2) HRP Associates, Inc.: "The HRP Advisor, August 2006".
Old Business: a. Application 06-07: Senor Ponchos of Prospect, LLC, 280 Cheshire Road. Repair of catch basin and landscaping. Chairman Koehler stated he inspected the site and found everything in order. He is satisfied there is no concern with wetlands or the watercourse. Motion by C. Dorman, seconded by S. Sackter to approve Application 06-07 for regulated activities consisting of repair of a catch basin and landscaping. Unanimous.
b. Application 06-09: V.C. Construction, Inc., 87 Coachlight Circle. House addition, pool and pool deck within regulated area. Chairman Koehler stated a site walk took place on August 22nd. Mr. Corsino was present. The Chairman had asked Mr. Corsino to install a plunge pool for poo] water back wash. C. Wentworth asked that a "standardized plunge pool" be required. Chairman Koehler said he would rather have a dry well installed for this application and show the location of the dry well on the plot plan. Motion by C. Wentworth, seconded by J. Kaufman to approve Application 06-09 with the stipulation that a dry well be installed for pool water backwash, thai the location of the dry well be shown on the plot plan and that the Land Use Inspector be notified prior to construction. Unanimous.
c. Application 06-08: Motcat Inc., 80 Straitsville Road. New Septic system and driveway withir regulated area. Chairman Koehler stated on the August 22nd site walk neither the wetlands noi center line of road was staked out. On August 29th a second site walk was made and the wetlands and driveway were marked out as requested. The Chairman stated they noticed a fill area oJ wood chips over wetlands. The developer was there and stated the wood chips would b« removed. The Chairman stated there will be a third house utilizing one common driveway however this is a Planning & Zoning issue. Jean Wihbey, 82 Straitsville Road presented a petition signed by more than 25 citizens requesting a public hearing on this application. She has deep concerns with the easement in place to allow the proposed driveway to access over hei property. B. Donovan stated a petition for a public hearing has to be received within 14 days ol the date of acceptance of an application. This application was received on August 14th; therefore the petition can not be accepted. Ms. Wihbey stated she was not notified of this meeting and spoke to Mayor Chatfield who suggested she file the petition for the public hearing. Chairman Koehler stated easements would be a Planning & Zoning issue. Tom Delmonico, representing Mot Cat Construction stated the easement Mrs. Wihbey is questioning was duly recorded in the Prospect land records prior to Mrs. Wihbey buying her house. Her own attorney has a copy oi the easement. Mr. Delmonico stated he just wants to build a house on the lot and is willing to build one in the back or front of the lot. Mr. Delmonico stated Mrs. Wihbey was against a house in the front because she did not want to see people swimming hi their swimming pool from her house. Chairman Koehler asked Mr. Delmonico if he has been before Planning & Zoning on this. He stated yes he has. B. Donovan stated Planning & Zoning acknowledged they have no legal authority over easements. Chairman Koehler affirmed neither does Inland Wetlands. Mrs. Wihbey stated she was not aware of where the easement was to go. She was not notified of the site walk that involved inland wetlands commissioners on her property. She is concerned with excessive water on her property where a portion of the easement is to go. She is asking for time to investigate this issue. She said there are less invasive ways to build a house on this property. She mentioned a large dirt pile on 80 Straitsville Road. There are still silt fence remnants to be cleared out. She mentioned the varied wildlife on the property. J. Kaufman stated the original subdivision called for 5 houses with 2 separate crossings. He remembers the original developer saying they would restore the original house hi the front of 80 Straitsville Road, but later that house was demolished and the plan is to build a house hi the rear of this property. He mentioned the wood chips placed over water channels and wetlands. He asked Mrs. Wihbey if a house were built hi front if that would be satisfactory. She stated it would be. Chairman Koehler stated although this is not an inland wetlands issue, between now and the next meeting hi October Mr. Delmonico and Mrs. Wihbey can work out their differences. He stated the current application does not present a significant impact to wetlands. J. Kaufman again mentioned the placing of wood chips over the property to mask the locations of wetlands or watercourses. C. Wentworth stated past Inland Wetlands minutes indicate the wetlands were to be placed hi a conservation restricted easement. The prior owner was to have recorded the easement but went bankrupt prior to any recording. He also mentioned the requirement for inland wetlands markers to be placed along the wetlands boundary. Mr. Delmonico stated he would build a house hi front if that resolves the matter. Chairman Koehler stated he could withdraw the current application and re-apply with a new application. J. Kaufman stated a house located hi the front should not be a major issue. A new application may still be required. B. Donovan questioned the need to withdraw the current application before a new plot plan has been developed showing the location of the house and septic to wetlands. The commission agreed to keep the current application open pending a review of a new plot plan for placing a house hi the front of the lot. The application was continued to the next meeting.
d. Prospect Estates Subdivision/Spreda Pond Restoration. Chairman Koehler asked on the status of the core samples for the Spreda pond. Mrs. Spreda stated a time had been set by Land-Tech for September 5th at 11:00 a.m. She contacted her soil scientist who had a conflict with that date. Bill Donovan asked Mrs. Snreda to talk with Chris Allen of Land-Tech and arrange a tune that's mutually convenient. She has not heard back from Mr. Allen until late today and has not as yel listened to his message. She introduced George Logan, a soil and wetland scientist from REMA Ecological Services. Mr. Logan handed out a report he prepared on the Spreda pond survey and literature on various processes to remove fine suspended sediments in water. He believes a sediment release has discharged from the Prospect Estates subdivision into the pond. He read Ken Stevens' letter presented at the August 29th Special Meeting that describes a calculated total amount of sediment in the pond and projected amount of sediment that came from the Prosped Estates subdivision. Mr. Logan agrees core samples are necessary for a more accurate detailed description of the types of sediments in the pond. The harmful effects of fine sediments in the pond are to raise the water temperature, lower dissolved oxygen and smother the habitat necessary for the development of organisms associated with the food chain for fish. Additionally, both esthetic and recreational benefits are lost. He sees the crux of the problem as not the volume of sediments, but fine sediments. Mr. Logan stated it will take years for the fine sediments deposited in the upland wetlands to remain sequestered in wetlands or to work their way downstream and into the Spreda pond. He recommends getting together with Mr. Stevens, Chris Allen and others and come up with solutions that look into the future. For example, he presented hand-outs for a Faircloth Skimmer that skims the cleanest water at the top and discharges that water through a silt-sack making the water even cleaner. Another example is the use of flocculants that cause suspended solids to attach onto polymer chains and ultimately settle out at the bottom. One more solution is to create a sediment fore-bay bio-filter up-stream of the pond. Mr. Logan stated these measures will all help to remove the fine sediments he believes will continue to enter into the Spreda pond for the next several years. He stated the pond will never come back to prior conditions. He again stated his willingness to get together with the other soils experts involved and come up with workable solutions. S. Sackter asked if it is practical to clean up the sediments deposited in the wetlands. Mr. Logan stated this would be extremely difficult and not yield impressive results. As an alternative, he suggests creating temporary settlement basins along the stream designed by an engineer. Chicken wire wrapped around hay as a basic example could capture sediments that are then removed periodically. Chairman Koehler asked if the core samples could show the last years of sediment deposits compared to earlier years. Mr. Logan stated it depends on many variables and the quality of the sediments collected. J. Kaufman stated Mr. Stevens suggested digging out at the inlet and creating a wall of sorts to collect in-coming sediments. Mr. Logan stated the problem is that fine sediments tend to get through those types of structures. J. Kaufman asked just how many years can the town continue to remain involved in the long-term restoration process. Mr. Logan stated the "Cease & Desist" can become a "Cease and Restore" that can include monitoring as a condition of the enforcement order. Mr. Logan stated prior pond design was to place ponds "in-line" with the stream. Today, designers place the pond "off-line of the stream with a weir in place that allows low flows to get through while directing heavier flows around the pond. Mr. Logan will personally contact Mr. Stevens and Chris Allen to arrange a schedule to meet and notify Bill Donovan of those dates and locations.
New Business:
a. Rosenfield Enterprises, Inc. 157A Summit Road. Regulated activities associated with a proposed residential subdivision. Attorney Warren Hess represented the applicants, LTF Builders, LLC. Attorney Hess described the project as a 25-lot subdivision entitled "Woodmont Estates" located on 51.6 acres at 157A Summit Road. The property borders the recently approved subdivision entitled "Summit Heights" and the large Toll Brothers parcel at 120 Scott Road. Mr. Hess reviewed the locations of the wetlands with the commission as prepared by the soil scientist. There are two road crossings over wetlands. The road basically follows an existing well-defined path on the property crossing wetlands in areas of least hnpact. Regulated activities consist of the two road crossings, two driveway crossings over wetlands, four detention basins and septic systems. Total wetlands on the parcel consist of 6.95 acres; total wetlands impact is 4,982 square feet. The total square footage of the four detention basins is 6,582 square feet. Open space is proposed to coincide with the approved open space parcels on the abutting "Summit Heights" subdivision. Additionally, Planning & Zoning is looking for a continuous open space trail or greenway running parallel to the Toll Brothers parcel. A total of 5.67 acres of dry open space is proposed plus 4.16 acres of wetland for a total 9.83 acres. Rowland Desrosiers of R.J. Desrosiers and Associates is the applicant's engineer and reviewed the general topography of the parcel. He discussed dispersing road drainage into four separate detention basins rather than one large basin. There is no direct road storm water discharge into either wetlands or a water course. J. Kaufman asked if the project would be built out in phases. Mr. Desrosiers stated the road would likely be constructed over one season. Mr. Desrosiers also discussed open space. J. Kaufman asked for additional information on water movement and direction flowing through and out from the subdivision. Chairman Koehler scheduled a site walk for Saturday, October 7th at 8:30 p.m. The chairman did not accept the application at this time to avoid future conflicts with time limitations on making the decision.
Public Hearing: a. 8:50 p.m. Application 06-02: Mark & Karen Southard, 17 Salem Road. Proposed driveways crossing wetlands; septic system within regulated area, (continued from August 14th). Rowland Desrosiers of R.J. Desrosiers and Associates represented the applicants. Mr. Desrosiers stated at the suggestion of J. Kaufman he attended a Planning & Zoning Commission meeting to get a sense on whether that commission would allow a common driveway access from Salem Road to service the proposed two new houses and thus eliminate the driveway crossings over wetlands. Mr. Desrosiers reported the Planning & Zoning Commission was not receptive to that approach as it creates a "stacking" of 5 lots off of one access way which is not permitted in their regulations and also extends the length of the proposed driveway well beyond the maximum 500 linear feet allowed. Planning & Zoning did suggest constructing a road in from Salem Road, however that would be cost prohibitive. Mr. Desrosiers submitted revised plans in response to Land-Tech's reviewing letter of August 10, 2006. The revised plans incorporated all of their comments. The widths of the driveways were changed from 20 feet to 12 feet. A longitudinal profile of the driveways has been added and also additional details with the headwalls. Total impact to the wetlands has been reduced to 4,895 square feet eliminating the need to apply to the Army Corp of Engineers. The watershed is also less than 640 acres—closer to 18 acres. C. Wentworth asked if the length of the driveways has increased. Mr. Desrosiers said they have been increased almost 10 feet because of the need to move the driveways away from an area reserved for a neighboring septic system. S. Sackter mentioned putting in the road does eliminate the stacking of rear lots and excessive length of the driveways and also eliminates the impacts on wetlands. Mr. Mark Southard responded that he is planning to give the lots to his children and putting in a town road would cost more than the value of the two proposed lots. It is just not financially feasible. Chairman Koehler asked for comments from the public. Adele Gray, 192 Cook Road concerned that some lots hi town may just not be suitable for building. She said giving property to a child should not be reason alone for the commission to approve this or any application. J. Kaufman stated he would like to re-walk the property for an additional look prior to the next meeting. Mr. Desrosiers said this would be fine with the property owner. There were no further comments and the chairman closed the public hearing at 9:18 p.m.
Public Participation: None
Land Use Inspector's Report: Bill Donovan advised the commission of Planning & Zoning's approval for the Country Hills Estates subdivision on Cook Road. In their approval the number of lots was reduced from 27 to 23 with a 100' wide open space greenway located along the northwestern boundary of the project being deeded to the Town of Prospect. Bill stated the reduced size of the subdivision has not added to the number of regulated activities. He stated the new plans eliminate the separation of discharge pipes in the detention basin that were designed to send normal and heavy rain events to two separate Regional Water Authority watersheds. Commissioners questioned why the changes in discharge had to be made. Gill Graveline, Vice chairman of Planning & Zoning was in the audience and stated Finno Drive and lots proposed on Finno Drive, along with the elimination of a storm water tie-in with dogwood Drive significantly reduced total storm water runoff. Commissioners asked to have this topic placed on the next meeting agenda for further discussion. J. Kaufman asked if the open space lands would be marked out as conservation lands. Bill said he would have conservation markers made up. Chairman Koehler asked that the Unapproved Minutes for the August 29th meeting be carried over to the next meeting. C. Wentworth stated he noticed road construction on Matthew Street between Juggernaut and Plank Road has no erosion control measures in place. He mentioned heavy siltation in the pond at 85 Plank Road and observed silt running down the driveway at 463 Matthew Street. He also mentioned the Gill residence on Cook Road has a concrete pad next to the detached storage building. Also Tim O'Rourke on Mixville Road who received wetlands permits for a new garage still has the canvas building in place. American Investors on Route 69 has a temporary filling station for the construction equipment that is not protected. Colonial Gardens on Route 68 has installed all the curtain drains discussed with the commission. S. Sackter mentioned Fred Slaney's pond on roaring Brook Road has yet to be rip-rapped. Chairman Koehler mentioned the subdivision in Old Schoolhouse Road has a discharge pipe coming out under the driveway with a reddish color in the water and a septic smell. C. Wentworth queried on the wetlands markers that need to be placed on the former Shannon Development on Straitsville Road. John Kaufman showed a series of pictures taken during site walks with Chairman Koehler.
Adjournment: Motion by C. Dorman, seconded by S. Sackter to adjourn at 10:10 p.m. Unanimous.
Arnold Koehler, Chairman