Board Members Present: Arnold Koehler, John Kaufman, & Stephen Sackter
Alternate Members Present: David Michaud & Charles Dorman
Absent Members: Charles Wentworth & Stephen Mulhall
Others Present: William Donovan – Land Use Inspector, Diane Lauber – Clerk
Chairman Arnold Koehler called the meeting to order at 7: 02 p.m. The meeting was taped. D. Michaud was seated for C. Wentworth and C. Dorman was seated for S. Mulhall.
Approval of Minutes: Motion by S. Sackter, seconded by J. Kaufman to approve the minutes of the March 26, 2007 meeting as presented. 4 votes in favor with 1 abstention. Motion Carried.
Motion by S. Sackter, seconded by A. Koehler to approve the minutes of the April 4, 2007 special meeting as amended. 2 votes in favor with 3 abstaining. Motion Carried.
Communications:
1. Council of Governments of the Central Naugatuck Valley Annual Report, 2005-2006.
2. Letter dated April 17, 2007 from Carmody & Torrance re: Paulo & Carlos DaCosta, 245 Straitsville Road, Wetlands Erosion and Sedimentation Control Bond.
3. New England Wetlands Plants, Inc., 2007-2008 Wholesale Pricing Catalog.
4. Letter dated February 20, 2007 from the Department of Environmental Protection re: Best Management Practices Guide for Water Quality While Harvesting Forest Products.
5. Connecticut Federation of Lakes, Incorporated, Newsletter – Volume 12, Issue 1 – April 2007.
Old Business:
a. Reilly Pond, 179 Union City Road. Significant Sedimentation in Pond. W. Donovan spoke with George Logan on two occasions regarding scheduling a site visit with the Commissioners at the Reilly Pond. Mr. Logan indicated that he has been very busy and hasn’t been able to confirm a date for the site visit yet. A. Koehler asked W. Donovan if Mr. Logan would be able to schedule a visit in the near future. W. Donovan stated that he would contact Mr. Logan again if he didn’t hear from him by the end of this week.
b. Application #01-07 – Herminio & Kathleen Nunes, 41 Juggernaut Road. Storage Shed within a Regulated Area. Commissioners J. Kaufman, S. Sackter, C. Wentworth and D. Michaud conducted a site walk on April 2, 2007 at 5:30 p.m. J. Kaufman stated that the out building was a substantial structure, not just a shed, built on a concrete slab with no footings and very close to the wetlands. A. Koehler stated concerns with the structure moving over time due to no footings. J. Kaufman also stated concerns with storm water runoff, indicating underground piping into a dry well might be necessary with a substantial amount of crushed stone to allow the runoff to gradually go into the wetlands. The driveway should also not be paved. S. Sackter stated that C. Wentworth noted at the site walk that there is no curbing around the shed to catch any possible oil spills from garden machinery. A. Koehler suggested that he contact the building inspector to visit the site prior to the Commission taking action to see if the structure can be stabilized. J. Kaufman noted that, if the application is approved, it should be stipulated that the shed could not be replaced in that location due to the proximity to the wetlands.
c. Inland Wetlands Regulation Revisions. Set Date for Public Hearing. W. Donovan stated that he has submitted copies of the proposed regulation revisions to the State D.E.P. and the Town Attorney. It was suggested to commence the public hearing on the changes at the next meeting scheduled for May 14th and to have at least two meetings for the public hearing to allow for comments. The public hearing was scheduled for May 14, 2007 at 8:00 p.m.
Enforcements:
a. Stephen & Karri Lombardo, 84 Union City Road. Cease & Desist Order - Violation of Permit #03-06. W. Donovan stated that a straw erosion control blanket was put in as requested at the special meeting held on April 4, 2007 and it seemed to work very well during the heavy rain last week. Stephen Lombardo and John Dubyoski of Diamond Pools submitted drawings of the location of the pool and proposed pool house. The Commissioners questioned Mr. Dubyoski on the material brought on site and why the embankment was disturbed. Mr. Dubyoski stated that he couldn’t give an answer, as he did not do the initial work. Discussion was held on the best way to permanently stabilize the embankment. The consensus of the Commissioners was to design a 4-foot high retaining wall at the easterly side of the embankment, then have a 10 to 12-foot grass area, and then another retaining wall that would go to the tow of the slope. Mr. Dubyoski discussed possibly using stone (boulders) in place of the lower retaining wall. The applicant was instructed to check with the building department to obtain a building permit. The Commissioners were not in favor of changing the location of the pool house from the original approved location in back of the pool. Mr. Dubyoski was asked to prepare a site plan map showing the cross sections with elevations, and a description of what will be done, putting the pool house back to the original proposed location, sedimentation controls and an approximate time line for the work to be done.
New Business:
a. Luca & Staci Petracca, 5 Laura Avenue. Proposed House & Driveway within a Regulated Area. Mr. & Mrs. Petracca’s engineer, Emily Jones of Civil One, presented the application. Mr. Petracca is proposing to combine four existing non-conforming properties to get two conforming lots. The existing house and driveway off of Laura Avenue will remain but the lot size will be changed to just about 40,000 square feet. The driveway to the rear house will be right along the proposed property line and partly within a regulated area. The applicant is looking for guidance from the Commission as to what they would like to see along the wetland area. Chesprocott has approved the plan. W. Donovan stated that there would need to be some piping under the driveway to drain water from the abutting property. Ms. Jones stated that she would provide the Commission with a soils report at the next meeting. The wetlands are flagged. A. Koehler asked that the centerline of the driveway be staked for the site walk as well as the four corners of the house and garage and the septic tank and pump chamber. Motion by S. Sackter, seconded by J. Kaufman to accept Application #02-07, Luca & Staci Petracca, 5 Laura Avenue, for a proposed house and driveway within a regulated area. Unanimous. A site walk will be held on May 9, 2007 at 6:30 p.m. rain or shine. The Commissioners will park in the existing driveway at 5 Laura Avenue.
Motion by A. Koehler seconded by J. Kaufman to add AT&T Corporation to the agenda under “New Business”. Unanimous.
b. AT&T Corporation, 200 Saddle Court. Install Fiber Optic Cable within a Regulated Area. W. Donovan stated that he was called regarding activity that was taking place in the wetlands between Prospect Estates and the Spreda Pond at the AT&T fiber optic crossing. W. Donovan went to the site and found workers digging a trench over the AT&T pipe in the wetland area to snake through a second cable. As they would get to certain couplings they would have to open them up to clear them out. W. Donovan instructed the workers that a wetlands permit was needed to justify the work being conducted. The job supervisor promptly contacted his supervisor to correct the situation. The permit application is before the Commission but the work is completed. Application fees have been paid. Motion by J. Kaufman, seconded by S. Sackter to accept Application #03-07, AT&T Corporation, to install fiber optic cable within a regulated area at 200 Saddle Court. Unanimous.
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: W. Donovan reported that he was called by Mayor Chatfield to go to the Mobile I Car Wash located at 97 Waterbury Road today. Rosanne Stavola of the DEP, Bureau of Water Management, Oil & Chemical Spill Response Division, was on site and stated the DEP had received an anonymous call on chemicals discharging into the detention pond and out into downstream wetlands. Hank Schmitz, father of the property owner, was present as the owner, Peter Schmitz, is out of the country. The DEP determined that chemical soaps stored in the underground holding tanks overflowed out onto the paved driveway behind the building. The soaps drained into the storm water basins and pipes located in back of the building and then into the detention pond. The alarms that are supposed to sound when the water levels in the holding tanks are near maximum were not functioning. Prospect Sanitation normally pumps out the holding tanks on a routine basis. Prospect Sanitation was called today, but had not yet arrived. The car wash was shut down by the D.E.P. and instructed to contact another fluid transport company to pump out the basin. Environmental Services, Inc., was contacted and arrived in the early afternoon. Samples of the water in the basin were collected for analysis. W. Donovan provided pictures of what he observed. Bill stated he went downstream about 10 yards where discharge from the basin flows into storm water runoff from Route 69. He saw no unusual green color from the chemical soap spillage beyond this point. The DEP, Lorraine DiNicola of Chesprocott and Bill were told by the owners that the soap is an environmentally safe, biodegradable sulfactant and considered non-hazardous to the environment. The facility will remain shut down pending DEP reports. J. Kaufman indicated that the DEP should be testing for hydrocarbons all the way to the reservoir because the soap that entered the oil/water separator breaks down oils. The D.E.P. had indicated to W. Donovan that they would contact the City of Waterbury Bureau of Water. W. Donovan stated that he walked the Toll Brothers site inspecting the silt fencing and reported that the job is nicely done with attention to details to protect the wetlands. W. Donovan also reported that Mr. DaCosta on Straitsville Road is not proceeding with his connection to the water line yet as the water is still running strong through the brook. J. Kaufman asked about the stabilization of the steep slope on the Prospect Estates site. A. Koehler stated he visited the site last weekend and noted that final stabilization is needed on the steep side of the embankment. Bill will send a letter to Prospect Estates indicating that the final stabilization of the embankment should be completed as soon as possible. W. Donovan stated that the Spreda’s had received the $12,000 from Nutmeg Investments, LLC, and all agreements have been signed. There is no Cease & Desist now for Prospect Estates. C. Dorman stated that Chesprocott should be notified regarding the O’Rourke property on Mixville Road pertaining to a lot of septic in the stream alongside of Route 68.
Motion by S. Sackter, seconded by C. Dorman to adjourn at 8:45 p.m. Unanimous.
Arnold Koehler
Chairman