Board Members Present: Arnold Koehler, John Kaufman, Charles Wentworth, & Stephen Sackter
Alternate Members Present: David Michaud & Charles Dorman
Absent Members: Stephen Mulhall
Others Present: Diane Lauber – Clerk
Chairman A. Koehler called the meeting to order at 7:02 p.m. The meeting was taped. D. Michaud was seated for S. Mulhall.
Approval of Minutes: Motion by S. Sackter, seconded by C. Wentworth to approve the minutes of July 23, 2007 as presented. Under discussion, C. Wentworth asked that each commissioner get a copy of the report from Land-Tech Consultants regarding the proposed culvert at 32 Rek Lane. The vote was 4 – 0 in favor with J. Kaufman abstaining. Motion Carried.
Communications:
1. Invoice dated July 25, 2007 from Rema Ecological Services, LLC, in the amount of $1,235.00 for Project #07-1200-PRO6 re: the Reilly Pond.
2. Letter dated July 26, 2007 from Michael & Dawn Beard, 89 Cook Road, giving the Town of Prospect permission to remove silt from the brook located on their property.
3. Copy of letter dated August 3, 2007 from Mark Guastaferri to Toby & Alicia Strileckis re: wetlands encroachment at 34 Union City Road.
4. Memo #080307 dated August 3, 2007 from the Council of Governments Central Naugatuck Valley re: Impact of Recent Legal Cases.
5. Connecticut Federation of Lakes Newsletter – August 2007.
6. Notice from the Council on Environmental Quality re: 2006 Annual Report on the condition of Connecticut’s environment.
Old Business:
a. Application #05-07 – Pete Conroy, 32 Rek Lane. Install a Culvert within the Brook. Pete Conroy was not in attendance. This item will be carried to the next meeting agenda.
b. Reilly Pond, 179 Union City Road. Significant Sedimentation in Pond. A. Koehler stated that a representative of Boulder Brook would be asked to be in attendance for the next meeting. Discussion was tabled to later in the meeting. (See Page 3)
c. Application #08-07 – Connwood Foresters, Inc., 20 Peter Gilkey Road. Timber Harvesting within a Wetlands Area. A. Koehler stated that the Commission had felt a site walk was not necessary for this application, as the commissioners were familiar with the property. Fees were paid and a letter dated August 4, 2007 was received from Roberta Dorso, 34 Scott Road, giving permission for the use of her property for the logging staging area. Motion by S. Sackter, seconded by C. Wentworth to approve Application #08-07 of Connwood Foresters, Inc., for timber harvesting within a wetlands area on property owned by Anthony & Shawna Dorso, III, located at 20 Peter Gilkey Road. The vote was 4 – 0 in favor with J. Kaufman abstaining. Motion Carried.
d. Application #09-07 – Connwood Foresters, Inc., 120 New Haven Road. Timber Harvesting on Connecticut Water Company Property within an Upland Review Area. A. Koehler stated that a site walk was held on July 31, 2007. There were no concerns stated from the commission. Motion by S. Sackter, seconded by D. Michaud to approve Application #09-07 of Connwood Foresters, Inc., for timber harvesting within an upland review area on property owned by the Connecticut Water Company located at 120 New Haven Road. The vote was 3 – 0 in favor with C. Wentworth and J. Kaufman abstaining. Motion Carried.
e. Application #10-07 – Nancy & Ronald Clement, 17 Country Brook Road. Shed/Cabana within a Regulated Area. A. Koehler stated that a site walk was held on July 31, 2007. Dean Clement & Nancy Clement were in attendance. Mr. Clement indicated that they are proposing to move the location of the shed closer to the pool area by modifying the fenced-in area. The location of the shed would now be located 47 feet from the existing garage and moved 17 feet further south. The shed will be set on sonitubes. No additional excavating will be done. The commission asked that a gutter be placed on the wetland side of the shed with the downspout going into a gravel plunge pool. A. Koehler stated that storage of oil or gas in containers would not be allowed in the shed. Mr. Clement submitted a revised drawing that was signed and dated by Nancy Clement showing the proposed changes as discussed with the Commission. Motion by D. Michaud, seconded by S. Sackter to approve Application #10-07 of Nancy & Ronald Clement as amended for a shed/cabana within an upland review area for property located at 17 Country Brook Road with the stipulation that a gutter be placed on the wetland side of the shed with a 4’ X 4’ plunge pool of 1 ¼ inch to 2 inch stone and that oil or gas in containers not be stored in the shed. The vote on the motion was 3 – 0 in favor with C. Wentworth and J. Kaufman abstaining. Motion Carried.
Enforcements:
a. Curtiss Water Gardens, 38 Union City Road. Placement of Wood Chips within the Wetlands. A. Koehler reviewed for J. Kaufman the Commissioner’s concerns with the placement of wood chips for trails within the wetlands at Curtiss Water Gardens. A site walk was held on July 31, 2007. The property owner, Mark Guastaferri, was instructed to have all of the wood chips removed. A copy of a letter from Mark Guastaferri to Toby and Alicia Strileckis dated August 3, 2007 regarding the wetlands encroachment was read into the record. The clerk reported that the Land Use Inspector visited the site and thus far none of the wood chips have been removed. The Land Use Inspector spoke with Mr. Strileckis earlier today and Mr. Strileckis stated that he had been away but that he expected to have the wood chips removed by the end of this week. D. Michaud noted that there was discussion regarding removing debris from the original inlet of the drainage pipe behind the store. C. Wentworth commented that Mr. Strileckis has encroached onto the abutting property also owned by Mr. Guastaferri and although Mr. Guastaferri stated that was a zoning issue, Mr. Strileckis’ business activity is within a 100-foot regulated area. C. Wentworth also stated that when the chips are removed, the location should be monitored by the Land Use Inspector to ensure that ATV’s will not be running over the trails.
New Business:
a. William L. Sima III, 44 Sherwood Drive. Application for a New House & Septic within a Regulated Area. Tim O’Connell of Juliano Associates, represented the applicant and explained that he is requesting permission to dig test pits for a septic system. If the testing shows that the septic system can be supported, then the plan would be to come to the next meeting with an actual site plan. There would be a total of three test pits. A. Koehler asked Mr. O’Connell if there was room on the property for the minimum buildable area in accordance with the Planning & Zoning regulations. Mr. O’Connell stated that the applicant would need to be granted a variance. A. Koehler stated that if a variance is needed in order to get a buildable lot the variance should be obtained before consideration by the IWC. The Commissioners agreed. Mr. O’Connell stated that the applicant’s plan of action was to dig the test pits first because if the soils are not suitable, the applicant will not be able to go forward. The Commission felt that if the applicant was denied a variance, therefore not having a buildable lot, what would be the sense of even digging the test pits. Mr. O’Connell stated that there would be no digging in the wetlands and that a small machine would be used to dig the test pits and backfill them in the same day. J. Kaufman stated that the exact location of the property should be shown on the site plan. J. Kaufman also questioned the proposed septic system’s proximity to the wetlands stating that it was too close to the wetlands. For that reason and the fact that he may not meet the minimum buildable area restrictions, J. Kaufman agreed with A. Koehler that the applicant should get approval for the variance first. Mr. O’Connell asked whether administrative approval could be given for digging the test pits if the variance was granted. A. Koehler stated that if the approval for the variance is granted, the applicant should come back to the IWC. Mr. O’Connell stated he would submit a letter withdrawing the application.
b. Gregory Ploski, 21 Straitsville Road. Perk Testing within a Regulated Area. Gregory Ploski, Kevin Ploski and John Paparazzo, co-owners of the property, were in attendance. Gregory Ploski stated that based on the discussion with the previous applicant, he felt the Commission would require the same of this application. Mr. Ploski stated they would withdraw this application.
c. Herminio Nunes, 41 Juggernaut Road. Application for a Shed within a Regulated Area. Herminio Nunes stated that a previous application was denied by the IWC for an existing shed within a wetland review area. Mr. Nunes had previously stated that he would take the shed down. He is before the Commission tonight to discuss the possibility of moving the shed closer to the house and further away from the wetlands. The Commission reviewed a drawing with Mr. Nunes and discussed alternatives. A site walk was scheduled for August 20, 2007 at 5:30 p.m. No application was received. Mr. Nunes will submit an application for the next meeting.
d. Applications Received After Filing of Agenda: None
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: William Donovan was not in attendance. J. Kaufman asked that W. Donovan require Gregory Ploski to install some type of siltation control at 21 Straitsville Road to slow the water runoff from the cleared property travelling into the pipe that drains into the wetlands on the Lamontagne property at 24 Straitsville Road. Discussion was held on the invoice received from Rema Ecological Services, LLC. J. Kaufman stated that the Commission should seek legal advice regarding enforcement of the pond reclamation and recouping the cost for the report from Boulder Brook. Motion by D. Michaud, seconded by J. Kaufman to approve payment to Rema Ecological Services, LLC, in the amount of $1,235.00. Unanimous. A brief discussion was held on comments in the report. A. Koehler stated that he would ask W. Donovan to get legal advice on how to proceed with enforcement for remediation of the Reilly pond. A representative from Boulder Brook will be asked to attend the next meeting as well. C. Wentworth asked if there had been a change of ownership for a recently approved subdivision on Summit Road. If so, shouldn’t the new owner come before the IWC for a transfer of the permit and would the same requirement apply for a single residential property. C. Wentworth also asked if the Commission could receive a copy of the notification from the Town Attorney when an IWC bond is in place.
Motion by J. Kaufman, seconded by S. Sackter to adjourn at 8:45 p.m. Unanimous.
Arnold Koehler
Chairman