Board Members Present: John Kaufman, Charles Wentworth, Stephen Mulhall
Alternate Members Present: Stephen Sackter, David Michaud
Absent Members: Arnold Koehler, Charles Dorman
Others Present: William Donovan - Land Use Inspector, Diane Lauber - Clerk
Acting Chairman J. Kaufman called the meeting to order at 7:02 p.m. The meeting was taped.
Approval of Minutes: J. Kaufman suggested that approval of the December 11, 2006 minutes be tabled until the next meeting to allow A. Koehler to comment.
Communications:
1. Council of Governments Central Naugatuck Valley Notice of Land Use Forum on January 29, 2007 -Improving Land Use Commission Decision Making.
2. Connecticut Department of Environmental Protection, Office of Pollution Prevention - DVD on Organic Land Care.
3. Housatonic Valley Association Guide to Protecting Water Quality.
4. Letter dated December 15, 2006 from the Town of Prospect, Office of the Mayor re: Inland Wetlands Commission Budget Request for 2007-2008.
5. Letter dated December 10, 2006 from Christine & Richard Hinckley, 471 Matthew Street, re:LaChance property, 483 Matthew Street.
W. Donovan stated he has visited the Hinckley and LaChance property during light rain storms and hasn't seen a problem with surface runoff. J. Kaufman suggested that the Commissioners should visit the property during a heav; rain storm to determine if a curb is still necessary in light of the drainage improvements by the Town.
Old Business:
a. Earl & Jean Reilly, 179 Union City Road. Significant sedimentation in pond. J. Kaufman asked if George Logai had been contacted regarding recommendations for proper reclamation of the pond. W. Donovan stated that then are no funds available at this point to pay for Mr. Logan's services. W. Donovan also stated that Hank Berberal Boulder Brook Estates, would be in attendance later in the evening to discuss issues with the Reilly pond.
b. Application #11-06, Paulo DaCosta, 245 Straitsville Road, Install water service line in wetlands. J. Kaufmai stated that he and S. Sackter visited the site and that a permit might be required from the Army Corps of Engineers Mr. DaCosta's excavator, Robert Knapp, addressed the Commissioners stating that he had met with Chris Allen o Land-Tech Consultants, Inc., and discussed the best way to run the water line while protecting the watercourse. Mr Knapp submitted a hand drawn map with a detailed list of the construction procedures for the installation of th< waterline. Mr. Knapp stated that the work would not be done during a heavy flow period. The Commissioners fel that depending on the type of soils in that area, the sedimentation controls outlined by Mr. Knapp may not bi enough to prevent sedimentation damage downstream. J. Kaufman suggested that Mr. Knapp consider using a mesl containment system rather than silt fencing to better capture fine sediments. Mr. Knapp felt that if it were dr enough and they worked at 10-foot sections at a time, they could backfill before any siltation occurs. S. Sackte asked about the pile of remnants left when the road crossing was made. Mr. Knapp stated that they didn't realia there would be a delay in continuing installation after the road cut, but he would make sure that the pile left wouh be secured. There were no comments submitted in writing from Land-Tech Consultants. The Commissioners fel that the applicant should show what types of soils are in the work area and asked the applicant to have a soil: scientist determine the soil types. A test hole will be dug to know what might happen when excavation begins. J Kaufman stated he would like to see two contingency plans if there's a lot of water to prevent damage downstrean and also suggested a bond for erosion and sedimentation controls. Mr. DaCosta stated that he will grant a 65-da; extension for a decision on the application and he will provide W. Donovan with a letter for the file. J. Kaufmai advised the applicant to check with the Army Corps of Engineers to see if a permit is required from them as well Mr. Knann will contact W. Donovan with the date and time that the soil scientist is scheduled to do the testing.
Public Hearings:
a. 7:43 p.m. Application #10-06, Rosenfield Enterprises, Inc., 157A Summit Road. Regulated activities associate, with a proposed residential subdivision. Correspondence made part of the record: Comments from the Towi Engineer, Land-Tech Consultants, Inc., dated December 22, 2006; Supplemental Soils Report from HTM Soil Consulting Service dated January 8, 2007; Sequential Construction Plan from R.J. Desrosiers & Associates datei December 27, 2006; and Drainage Analysis from R.J. Desrosiers & Associates dated December 27, 2006. Attorne' Warren Hess represented the applicant. Also present was Roland Desrosiers, the applicant's engineer, Henr Moeller, the applicant's soils scientist, and Larry Farrell, a principal of LTF Builders, LLC. A site plan map witl the latest revision date of 12/27/06 was submitted. Attorney Hess, Mr. Desrosiers and Mr. Moeller reviewed ever comment on Land-Tech Consultants letter dated December 22, 2006 with the Commissioners and detailed how eacl comment was addressed on the site plan. Item #1 under "Wetlands" and Item #6 under "Road Design" on Land Tech's letter will remain as presented by the applicant with the Commission's approval. Item #5 under "Detentioi Basins" will be addressed as listed in Land-Tech's letter but with enhancement of buried 3-foot high concreti galleys. All Planning & Zoning comments will be addressed with the Planning & Zoning Commission and change made in accordance with that Commission. Attorney Hess stated that the applicant has addressed all concerns of th< IWC and the Town Engineer and has noted on the site plan that the applicant agrees "to comply with all Towi requirements and regulations to the extent that the Commission's requests may conflict with recommendations fron the Commission's consultant as set forth in their review." J. Kaufman commended the applicant for being receptivi to suggestions by the Commission. W. Donovan asked the applicant to list somewhere on the plans what th< regulated activities are. The Commissioners discussed setting a bond amount for erosion and sedimentation control The amount agreed upon was $15,000. There were no comments from the public. The public hearing was closed a 9:17 p.m. Motion by S. Sackter, seconded by S. Mulhall to approve Application #10-06, Rosenfield Enterprises Inc., for regulated activities associated with a proposed 25-lot subdivision shown on map entitled "Woodmon Estates Subdivision", 157A Summit Road, with latest revision date of 12/27/06 whereby the applicant agrees t( comply with all Town requirements and regulations to the extent that the Commission's requests may conflict witl recommendations from the Commission's consultant and set the wetlands erosion and sedimentation control bond ii the amount of $15,000.00. Unanimous.
Old Business:
c. Application 12-06, Dwana DaSilva, 2 Laurel Lane. Septic replacement. John McNulty and Dwana DaSilva wen in attendance. Mr. McNulty sold the property at 2 Laurel Lane to Ms. DaSilva with an understanding that he woulc follow through with the repair of the failing septic system. Mr. McNulty submitted copies of a "Notice o Exception" from the State of Connecticut Department of Public Health dated October 24, 2006 and a "Disclosurt Statement from Chesprocott Health District dated October 31, 2006. Mr. McNulty stated that the repair would mos likely be put off until summer when the ground would be presumably dry. J. Kaufman stated that he and S. Sackte visited the property. J. Kaufman suggested that Mr. McNulty consider withdrawing the application withou prejudice rather than have the Commission deny the application in order to allow time to observe whether the bad yard will dry up enough to be suitable for the proposed septic system. J. Kaufman also asked W. Donovan to checl with the Town as to whether a waiver could be granted to allow a portion of a newly designed system to be locatec within the Town's Laurel Lane right of way on the front portion of the property. J. Kaufman expressed concern: with the poorly drained soils in the current proposed location as well as the proximity of the wells at 2 and 4 Laure Lane. Mr. McNulty said he would look into that possibility and report back at the next meeting. W. Donovar cautioned Mr. McNulty that the final design and location of the new septic system must come from the healtl department. Application 12-06 will be placed as the first item of "Old Business" for the next meeting.
Inland Wetlands Regulation Revisions. There was no discussion.
New Business: None
Public Participation: None
Land Use Inspector's Report: W. Donovan stated that Toll Brothers was requesting a modification on the Scot Road residential development regarding the open box culvert watercourse crossings. The request is to change tin Dpen box culvert crossings to three parallel buried pipe crossings citing a delay in getting material for the open bo> :ulverts. The Commissioners were not in favor of making a change noting there would be more disturbance to the wetlands and small animals. C. Wentworth also noted that the open box culvert addressed downstream homeowners :oncerns regarding increased water flow rates. J. Kaufman felt the piped crossings would be too restrictive. Motion ay C. Wentworth, seconded by D. Michaud to deny Toll Brothers' request for a change from the open box culvert :rossings over a watercourse as approved on the "Prospect Commons" site plan for the residential development on Scott Road to piped crossings, citing concerns stated at the public hearings from downstream homeowners regarding increased water flow rates and passage for amphibians and small animals, as well as the fact that open box culverts "equire no excavation or fill within the stream bed. Unanimous.
Motion by S. Sackter, seconded by D. Michaud to adjourn at 10:10 p.m. Unanimous.
Jonn Kaufman, Acting Chairman