Inland Wetlands Commission

Board Members Present: Arnold Koehler, Charles Wentworth, Stephen Mulhall & Stephen Sackter

Alternate Members Present: David Michaud

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 7:00 p.m. The meeting was taped. D. Michaud was seated for J. Kaufman.

Approval of Minutes: Motion by S. Sackter, seconded by S. Mulhall to approve the minutes of the June 11, 2007 meeting as presented. Unanimous.

Communications:
1. Letter dated June 15, 2007 from South Central Connecticut Regional Planning Commission re: Proposed Revisions to Inland Wetland and Watercourse Regulations.
2. Copy of Letter dated June 19, 2007 to Mark Guastaferri from William Donovan re: Notice of Violation for 38 Union City Road.
3. Reauthorization Under the General Permit for Diversion of Water for Consumptive Use for the Indian Field Wells Located off Spring Road from the Connecticut Water Company dated June 15, 2007.
4. Response dated 6/25/07 from Richard LaChance re: Curbing at 477 Matthew Street.
5. Comments dated 6/18/07 from Land-Tech Consultants re: 32 Rek Lane.

Old Business:
a. Application #03-07 – AT&T Corporation, 200 Saddle Court. Install Fiber Optic Cable within a Regulated Area. A. Koehler stated that a site walk was held on June 13th with a representative from the South Central Regional Water Authority. The Commissioners identified two areas at Roaring Brook Road and a third area near Holiday Hill that need to be immediately addressed and a proposal for restoration of the dirt accessway must be approved by the regional water authority. There was no one from AT&T Corporation or the regional water authority in attendance. W. Donovan stated that he visited the Roaring Brook Road area and noted a line of hay bales between where work is being done and the stream. S. Sackter stated that he had spoken with Mike Gaglione from the SCRWA who indicated that the water authority is in negotiations with AT&T Corporation regarding restoration of the dirt access road. C. Wentworth asked what would happen if AT&T Corporation fails to respond and the sub-contractor leaves. W. Donovan stated that if they are in violation of their permit, enforcement action can be taken including monetary fines of up to $1,000 per day. Motion by A. Koehler, seconded by C. Wentworth to approve Application #03-07 of AT&T Corporation for installation of fiber optic cable within a regulated area with the stipulation that immediate site restorations be completed at Roaring Brook Road and Holiday Hill areas and a proposal for restoration of the dirt access road be finalized with the South Central Regional Water Authority prior to the next IWC meeting on 7/23/07. Unanimous.

b. Anthony V. Dorso III, 20 Peter Gilkey Road. Filling of Wetlands for a Proposed Driveway and House in an Upland Review Area. A. Koehler made a site visit on June 18th. Paul Bunevich, engineer with Land Data Engineers, represented the applicant and submitted a revised site plan showing the buildable area and construction sequence for the proposed driveway. Mr. Bunevich explained that the drainage area upstream of the driveway is about 3-4 acres in size and although only one 15-foot drainage pipe is required, Mr. Dorso is recommending two 15-foot pipes. The work is being proposed to be done during the dry season and in Mr. Bunevich’s opinion, the area should be virtually dry during construction. A. Koehler stated that he didn’t note any standing water, but there does seem to be two intermittent watercourses where the culverts are to be located. The total length of the driveway is approximately 500 feet and the total wetland area to be filled in is approximately 3,500 square feet. Motion by W. Wentworth, seconded by S. Sackter to accept Application #06-07, Anthony Dorso, III, 20 Peter Gilkey Road, for a wetlands crossing and house within a regulated area as presented. Unanimous. Fees were set at $375.00 and $30.00. A. Koehler suggested that the commissioners visit the site before a vote is taken on the application. A site walk was scheduled for June 29, 2007 at 6:30 p.m. with a special meeting scheduled immediately following the site walk.

c. Application #05-07 – Pete Conroy, 32 Rek Lane. Install a Culvert within the Brook. Pete Conroy & Paul Bunevich of Land Data Engineers were in attendance. A. Koehler read the comments received from Land-Tech Consultants dated June 18, 2007. Pete Conroy indicated that he hasn’t had enough time to address all of Land-Tech’s comments. Mr. Conroy stated that in discussing the originally approved culvert extension with Gene McCarthy, Assistant Director of Public Works, it was determined that the impact from that culvert extension would be far greater than the two twin pipes Mr. Conroy is now proposing. Since the last meeting, Mr. Conroy has changed the size of the proposed piping from two 36-inch pipes to two 42-inch pipes. Mr. Conroy stated that the capacity of the two 42-inch culvert pipes would be more than what is required for a 100-year storm, while impacting the wetlands far less than a box culvert. Mr. Conroy also stated that he will be realigning Edward Rek’s driveway to alleviate any problem with property boundaries. Edward Rek, 33 Rek Lane, stated that no one has ever told him what work is being proposed and access to his home would be affected. Mr. Rek felt that all of the neighbors on Rek Lane should be involved in this issue. David Baranauskas, 30 Rek Lane, agreed with Mr. Rek stating his concerns with flooding during heavy rains. A. Koehler stated that he has seen the area with major rainstorms. The Commissioners agreed that Edward Rek should have been contacted because it affects him directly. C. Wentworth noted that at the last meeting it was stated that Edward Rek was “on board” with this project. Mr. Rek stated that he is not on board with the project. A. Koehler stated that the applicant would need to address all comments from Land-Tech Consultants. Discussion was continued to the next meeting. Land-Tech Consultants will be notified of the change from 36-inch pipes to 42-inch pipes and asked for an opinion on which type of culvert, a box culvert or pipe culvert, would be the better choice. W. Donovan noted that Edward Rek’s signature should be on the application, as part of the work will be performed on his property. Bill Rek, part owner of 32 Rek Lane, clarified that the existing culvert and the proposed culvert is not draining Fulling Mill Brook, but only drainage from Buckley Lane.

d. Reilly Pond, 179 Union City Road. Significant Sedimentation in Pond. Bill stated that he spoke with George Logan who indicated he was leaving for a vacation. Mr. Logan’s assistant is preparing a report. The Planning & Zoning Bond was released but it was noted under conditions that there needed to be some cleaning out of the stream under the covered bridge and that additional mulch would be added to the embankment on the Union City Road side of the brook for stabilization. A. Koehler asked if, based on George Logan’s report, would this become an enforcement action. W. Donovan indicated that it might become an enforcement issue. Bill is hopeful that the report will be available for the next meeting.

Enforcements:
a. Application #03-06 – Stephen & Karri Lombardo, 84 Union City Road. Cease & Desist Order. Stephen Lombardo and John Dubyoski of Diamond Pools submitted a revised plan to stabilize the soil and finish grading around the pool area. Mr. Dubyoski is proposing a small 2-foot retaining wall starting along the driveway and completely surrounding the pool area around the propane tank and between the filtration system. Shrubs and other plantings will be placed on the lower, steeper embankment to stabilize. The silt fencing is in place. Mr. Lombardo stated that the large retaining wall suggested previously by the commission was cost prohibitive and was hopeful that the plan proposed this evening would suffice. Mr. Dubyoski stated that if approved the work would take place within the next 3-4 weeks. Mr. Lombardo stated that he was confident that the landscapers would show up to do the plantings. C. Wentworth asked if any consideration was given to terracing the slope. Mr. Dubyoski stated that the slope could be terraced. W. Donovan stated that putting a terrace in would be consistent with State guidelines for this type of slope. The bathhouse has been eliminated. Mr. Dubyoski noted the drywell area on the site plan. Motion by S. Sackter, seconded by S. Mulhall to lift the cease and desist order for Stephen & Karri Lombardo, 84 Union City Road, based on the latest site plan of 6/25/07 and letter dated 6/11/07 with the stipulation that the embankment be terraced. Unanimous. Mr. Lombardo will notify W. Donovan before the work is started. Mr. Lombardo was instructed to get the embankment stabilized as soon as possible.

New Business:
a. Town of Prospect, 36 Center Street. Clean Silt from Brook at 89 Cook Road &Clean and Rip-rap a Seasonal Watercourse and Rebuild Retention Basin at 61 Waterbury Road. W. Donovan reviewed the application submitted by Mayor Robert Chatfield for cleaning silt from the brook that discharges water coming from the Country Hills Estates subdivision under Cook Road and then across the Beard property and into Roaring Brook. The Town needs to get onto the Beard property and clean years of accumulated sand and silt to allow for a better drainage flow. Mayor Chatfield has indicated that the Town would like to get started on this project as soon as possible. The proposed work at Hotchkiss Field, 61 Waterbury Road, is for general drainage improvements on the southerly side of the field, to muck out and make a more defined small detention area where water can flow into from Scott Road. Also, the discharge going out of that brook that flows into an existing watercourse that runs along the southerly side of the park, along Dupreay Road and then Knapp Drive, needs to be cleaned out. W. Donovan stated that the Town would not be working in any new wetlands, but working within wetlands and watercourses in order to improve water drainage. Motion by S. Sackter, seconded by S. Mulhall to accept Application #07-07, Town of Prospect, to clean silt from the brook at 89 Cook Road and to clean and rip-rap a seasonal watercourse and rebuild a retention basin at 61 Waterbury Road as presented. Unanimous. D. Michaud asked about notification of the property owner on Cook Road. W. Donovan stated that a letter should come from Mr. Beard as a letter of consent. Bill will get an acknowledgement from the property owners. The Commissioners stated that the Town could begin the work at 89 Cook Road with the understanding that if there is a petition submitted for this application, that the work would be stopped. The Commissioners are familiar with the area and felt the work to address drainage issues in that area should be done as soon as possible. Motion by A. Koehler, seconded by D. Michaud to waive the application fees for the Town of Prospect. Unanimous.

Public Hearings: None

Communications:
A. Koehler read the letter dated June 19, 2007 sent to Mark Guastaferri regarding the “Notice of Violation” at 38 Union City Road. Tom Strileckis was in attendance and stated that he put wood chips down for nature trails. A. Koehler stated that he and W. Donovan walked the site and indicated to Mr. Strileckis that a fair amount of wood chips have been placed within the wetlands. The Commission is requiring a soils scientist to delineate where the wetlands are located. When the wetlands are delineated, the Commission will determine where the wood chips will need to be removed. W. Donovan stated that he spoke with Mark Guastaferri and Mr. Guastaferri is aware that he needs to get the wetlands flagged.

A. Koehler read a response received from Richard LaChance dated June 25, 2007 regarding a condition of his wetlands permit requiring curbing along the right side of his property at 477 Matthew Street. Mr. LaChance indicated that in lieu of the curb, he put in drainage and pitched the driveway away from the Hinckley property. The Commissioners discussed the fact that Mr. LaChance did not come before the Commission to get approval for the changes and that standard curbing should be installed to be in compliance with the permit.