Board Members Present: Arnold Koehler, Charles Wentworth, Stephen Mulhall & Stephen Sackter
Alternate Members Present: David Michaud (7:10)
Absent Members: John Kaufman, Charles Dorman (Alt.)
Others Present: William Donovan – Land Use Inspector, Diane Lauber – Clerk
Chairman A. Koehler called the meeting to order at 7:03 p.m. The meeting was taped.
Approval of Minutes: Motion by S. Sackter, seconded by C. Wentworth to approve the minutes of the May 14, 2007 meeting as presented. Three votes in favor. S. Mulhall abstained. Motion Carried.
Communications:
1. Notice of Election of Slate of Officers and Board of Directors from the Connecticut Professional Timber Producers Association.
2. Letter from Christine & Richard Hinckley, 471 Matthew Street, dated June 1, 2007re: 93 Plank Road/477 Matthew Street.
3. Letter from State of Connecticut Council on Environmental Quality re: Public Forum on Improving Environmental Programs.
Old Business:,br /> a. Application #03-07 – AT&T Corporation, 200 Saddle Court. Install Fiber Optic Cable within a Regulated Area. A. Koehler stated that when the application was accepted, the Commissioners were told that the work had been completed. Commissioners and W. Donovan have noticed continuing work in the area of Roaring Brook Road and asked that AT&T review with the Commission the status of the work being performed. Mark Burkhart, AT&T Long Lines Operations Manager for the northeast and Gerald Lynn of Lynn Utilities were in attendance. Mr. Burkhart explained that AT&T is conducting an upgrade to the fiber optic cable from Boston to New Jersey. Mr. Burkhart submitted informational mapping regarding the upgrade. A. Koehler asked Mr. Burkhart where the project stands as far as work being performed in Prospect. Mr. Burkhart explained that placement of the PVC interduct work is about 90% complete leaving the final phase of putting the cable through. W. Donovan asked Mr. Burkhart why AT&T didn’t get the proper permits before work on the project began. Mr. Burkhart explained that because there was an existing carrier pipe, they never anticipated having to do any digging. In certain areas it was found that the existing pipe had deteriorated which made excavation work necessary. Mr. Burkhart also stated that AT&T typically notifies the property owners prior to work being performed. A. Koehler asked if the Roaring Brook Road area is completed. Mr. Burkhart stated that the digging is complete at Roaring Brook Road and erosion and siltation controls are in place, but the cable still needs to be blown in. W. Donovan stated that he visited the site last Friday and saw that the access road at Roaring Brook Road on the South Central Regional Water Authority property is totally destroyed. W. Donovan explained to Mr. Burkhart that permits are required for the work being performed as it is disturbing an area within 75 feet of a watercourse. W. Donovan stated that there is about 300 feet of disturbed area with no stabilization plan for the IWC to review. A. Koehler stated that silt fencing should be installed in that area immediately to protect the wetlands. Mike Gaglione from the Regional Water Authority was in attendance and stated that the Regional Water Authority had no idea that this operation was taking place until W. Donovan contacted him last week. Mr. Gaglione submitted pictures to the Commission showing the destruction of the access road and stated that he saw no erosion controls. Mr. Gaglione questioned an application being submitted to the IWC without the property owner’s signature. S. Sackter stated that the application, when accepted, was presented as affecting a small area at 200 Saddle Court. C. Wentworth stated that he was not in attendance when the application was accepted and asked Mr. Gaglione if he was aware that AT&T is working in the area of Route 69 at the Bethany town line. Mr. Gaglione indicated that he had spoken with an agent for AT&T Corporation who indicated that he was not aware that the water authority owned the property at Roaring Brook Road. Mr. Gaglione did not understand how AT&T could have neglected notifying the water authority that this operation was taking place. Mr. Gaglione asked to see the plans for the project and have AT&T explain how they plan to correct what’s been done. C. Wentworth stated he would like to walk every area where work has been performed for this project within the Town of Prospect. When questioned on who the contractor is for the project, Mr. Burkhart stated that the work is contracted out but that there is an AT& T representative on site when the work is being performed. The Commissioners scheduled a site walk for Wednesday, June 13th at 5:00 p.m.
D. Michaud was seated for J. Kaufman.
b. Application #02-07 – Luca & Staci Petracca, 5 Laura Avenue. Proposed House & Driveway within a Regulated Area. The applicant’s engineer, Emily Jones of Civil One, reviewed changes made to the site plan in order to move the proposed house as far away from the wetlands as possible as requested at the last meeting. The septic system was redesigned to include 36-inch infiltrators and is located the required 50 feet minimum separating distance from storm water drainage. The house is being proposed as far away from the wetlands as possible and is now 44 feet from the wetlands. Ms. Jones stated that soil scientist Michael Klein was consulted to do an assessment of the functions and value of the wetlands on this property. Based on Mr. Klein’s assessment, the applicant has included a landscaping plan to appropriately buffer the yard to keep from encroaching into the wetlands and proposing vegetation that would filter storm water before it goes into the wetlands. A letter dated June 11, 2007 from Mr. Klein and a Wetland Buffer Plant List was submitted for the record. A. Koehler stated that the revisions provided a much better plan with the plantings and use of boulders that would be difficult to move. The location of the iron pin to be set as a permanent marker is also shown on the site plan. C. Wentworth asked the distance from the pin to the most extreme corner of the house. A. Koehler calculated the distance to be 145 feet. Ms. Jones stated that the pin would be installed prior to construction. Chesprocott has given verbal approval but is requesting an additional test pit. C. Wentworth mentioned J. Kaufman’s suggestion from the previous meeting regarding a wall. The Commissioners agreed that the proposed boulders would suffice. C. Wentworth stated that the applicant had addressed all of the Commission’s concerns and noted that the wetlands are to be marked with permanent markers. Markers will be placed at wetland flag numbers 31, 29, 24 and 22. A $5,000 erosion and sedimentation control bond will be required. Motion by S. Sackter, seconded by C. Wentworth to approve Application #02-07 as shown on map entitled Luca J. Petracca, 5 Laura Avenue, with latest revision date of May 25, 2007, with the stipulation that permanent wetland markers be placed within a reasonable distance of the wetland flag markers 31, 29, 24, and 22; final Chesprocott approval is received for the record and an erosion and sedimentation control bond be set in the amount of $5,000.00. Under discussion, C. Wentworth stated that prior to release of the $5,000.00 bond the wetland markers must be in place and confirmed by the IWC. The vote on the motion was Unanimous.
c. Application #04 -07 – Kenneth & Cynthia Ryder, 11 Straitsville Road. Landscape Improvements in an Upland Review Area. A. Koehler stated that a site walk was held on May 17, 2007. The size of the area to be filled was reduced from 2,800 square feet to a total of 2,475 square feet. Kenneth Ryder stated that a revised sketch had been submitted showing the reduction in the area to be filled as well as the location of the trees. Mr. Ryder indicated that he would be hiring a contractor to bring the fill from the stockpile area to the deposit area. The stockpile area was noted on the plan. Mr. Ryder will place hay bales or silt fencing around the pile to keep it from washing out. Motion by S. Sackter, seconded by S. Mulhall to approve Application #04-07, Kenneth & Cynthia Ryder, for landscape improvements at 11 Straitsville Road as amended. Unanimous.
d. Robert & Mark Capanna, Lot 3, Summit Heights Subdivision. Change of Location of Proposed House. Robert Capanna, Mark Capanna and Clarence Miller submitted drawings titled Plan A (Original Plan) & Plan B (Revised Plan) for Summit Heights Subdivision, Phase II, Lot #3. The revised Plan B adjusts the location of the proposed house and moves the location of the primary septic area to where the reserved septic area was originally proposed. A. Koehler stated that the Commissioners requested drawings to be placed on file showing the two options that are being proposed. The IWC will send a letter to the applicant stating that either plan would be acceptable.
e. Reilly Pond, 179 Union City Road. Significant Sedimentation in Pond. W. Donovan stated that he met George Logan at the pond about two weeks ago and that Mr. Logan performed basic chemical tests on the water. Bill is waiting for the written report and Mr. Logan’s recommendations for reclamation of the pond. The Reillys will be contacted prior to the next meeting if the report is received.
Enforcements:
a. Application #03-06 – Stephen & Karri Lombardo, 84 Union City Road. Cease & Desist Order. W. Donovan stated that he put a call into the Lombardos asking if they would be attending tonight’s meeting. Bill did not receive a call back. Bill reported that the embankment is coming in green and the pool has been enclosed. No other work is taking place.
New Business:,br /> a. Anthony V. Dorso, III, 20 Peter Gilkey Road. Filling of Wetlands for a Proposed Driveway. Paul Bunevich of Land-Data Engineers, represented the applicant and reviewed the plans for a driveway to access property identified as 20 Peter Gilkey Road. The only access to the property is by way of a 50-foot strip shown on the Assessor’s map as 30A Scott Road. Mr. Dorso owns 30A Scott Road but there are property rights over this strip for an abutting property. Approximately 3,400 square feet of wetlands will be disturbed, however the crossing is being proposed at the narrowest point. This is Mr. Dorso’s only access to this property. Mr. Bunevich explained that although one culvert would be adequate for the crossing, two culverts are being proposed to help maintain the property. Construction will be done during the dry season, probably summer and early fall to minimize impacts to the wetlands. The proposed driveway will be maintained as a gravel driveway. A letter dated May 22, 2007 from Chesprocott Health District was read into the record stating that the parcel can support a code-complying septic system. The letter also states that due to a high water table, a Professional Engineer must design the septic system. C. Wentworth noted that the buildable square is not showing on the plan. A. Koehler stated that a construction sequence is still needed as well. A site walk was scheduled for Wednesday, June 13, 2007 at 6:00 p.m. Mr. Bunevich was asked to mark the centerline of the driveway and the four corners of the house prior to the site walk. Anthony Dorso, III, stated that the wetland flags are still in place.
b. Pete Conroy, 32 Rek Lane. Install a Culvert within the Brook. Pete Conroy, Conroy Development, Inc., submitted a letter signed by the owners of 32 Rek Lane, Renee Grenier, Katherine O’Grady, William Rek and David Rek, appointing Mr. Conroy as their agent. Mr. Conroy also submitted a Culvert Calculator Report as prepared by Paul Bunevich of Land-Data Engineers. Mr. Conroy explained that an engineering test on the existing culvert was necessary because of the age of the culvert. Mr. Conroy is proposing two 36-inch high-density pipes in place of the existing culvert. The culvert will be realigned to make the property line be at the center of the culvert. A. Koehler stated that the stream flow is pretty constant year round and during a storm event it roars. Mr. Conroy stated that the work would be done during the driest part of the summer, planning for 4 – 5 days of good weather to get in and get the job done quickly. A. Koehler suggested the use of “flock logs” downstream from the work area. S. Mulhall stated concerns with changing from a box culvert to pipes. Mr. Conroy stated that he spoke with Gene McCarthy, Assistant Director of Public Works, regarding the change from a box culvert to pipes. Mr. McCarthy required the culvert calculations that were submitted this evening which indicate the two 36-inch pipes are sufficient for a 50-year storm. The Commissioners were concerned that with the heavy storms that have been occurring in recent years, the two 36-inch pipes could not prevent the storm water from washing out both driveways. The Commissioners favored keeping the crossing as a box culvert crossing. W. Donovan will ask Land-Tech Consultants to review the application. The applicant was asked to consider a box culvert crossing for the next meeting. Motion by C. Wentworth, seconded by S. Sackter to accept Application #05-07, Pete Conroy, agent for Renee Grenier, Katherine O’Grady, William Rek and David Rek, 32 Rek Lane, to install two 36-inch pipes for a culvert with the stipulation that the plan be reviewed by Land-Tech Consultants. Unanimous. The applicant was told to get permission in writing from the abutting property owner for the work being proposed at the crossing as it will be affecting access to his property. A site walk was not deemed necessary as the Commissioners are familiar with the property. Fees were set at $140.00 and $30.00.
c. Pete Conroy, 32 Rek Lane. Amendment to Application #12-02 – Construction of New Home. Pete Conroy, representing the property owners, requested approval for a revision to the originally approved site plan. The application was originally approved in March 2003. The revisions consist of straightening the driveway somewhat in order to avoid going over the septic system and adding a 12’ X 14’ deck off of the back of the proposed house. The deck is 40 feet from the wetlands. Mr. Conroy noted on the plan that the driveway will remain a gravel driveway and signed and dated the notation. No additional fees are required. The IWC will send a letter approving the amendment to Mr. Conroy.
Public Hearings:
8:42 p.m. – Inland Wetlands Regulation Revisions. W. Donovan submitted a summary of additional suggested changes/additions to the proposed revisions and reviewed the suggestions with the Commissioners. (Attachment #1).
The hearing was opened to comments from the public. Mike Gaglione from the South Central Regional Water Authority commented that the application process should require the property owner’s signature and abutting property owners should be notified when an application is accepted. There were no further comments from the public. The Commissioners were pleased with the proposed changes. The public hearing was closed at 9:15 p.m. Motion by A. Koehler, seconded by C. Wentworth to approve the Town of Prospect Inland Wetlands and Watercourses Regulation Revisions and set an effective date of July 9, 2007. Unanimous. It was stated that the Commission should review the regulations on a yearly basis.
Public Participation: Patricia Audette, Roaring Brook Road questioned the Commission regarding the detention pond at Prospect Estates. Ms. Audette wanted confirmation that the Commission keeps track of what is going on within the subdivision.
Land Use Inspector’s Report: A. Koehler read the letter from Christine & Richard Hinckley dated June 1, 2007 regarding the LaChance property at 477 Matthew Street. W. Donovan gave a brief overview of the history of the Hinckley’s concerns, indicating that curbing was a condition of the LaChance’s inland wetlands permit. W. Donovan read a letter sent to Richard LaChance dated August 24, 2006 which requested that Mr. LaChance explain to the Commission why he feels the curbing is no longer necessary. Mr. LaChance never responded to the letter. The Commissioners instructed Bill to send a letter to Mr. LaChance requesting that he attend the next meeting and explain to the IWC why the curbing has not been put in. W. Donovan reported that wetland markers have been put up at 80 Straitsville Road and the wood chips have been removed. W. Donovan suggested that the Commissioners make a visit to Curtis Water Gardens on Union City Road. They have expanded into the back of property and created trails with wood chips through the wetlands. It was indicated that the property owner will need to have a soil scientist delineate the wetlands again and the wood chips will need to be removed.
Motion by S. Sackter, seconded by C. Wentworth to adjourn at 9:40 p.m. Unanimous.
Arnold Koehler
Chairman