Board Members Present: Arnold Koehler, John Kaufman, Charles Wentworth, Stephen Mulhall
Alternate Members Present: Stephen Sackter
Absent Members: Charles Dorman, David Michaud
Others Present: William Donovan - Land Use Inspector, Diane Lauber - Clerk
Chairman Arnold Koehler called the meeting to order at 7: 00 p.m. The meeting was taped. Stephen Sackter was seated for Charles Dorman.
Approval of Minutes: Motion by C. Wentworth, seconded by S. Sackter to approve the minutes of February 26, 2007 Special Meeting as amended. Unanimous.
Motion by S. Sackter, seconded by J. Kaufman to approve the minutes of February 26, 2007. Unanimous.
Communications:
1. Letter dated March 5, 2007 to Reginald Finno from William Donovan re: Inland Wetlands Approval foi "Country Hills Estates" Subdivision.
2. University of Connecticut College of Agriculture and Natural Resources Journal, Winter 2007.
Chairman Koehler stated that if there were no objections he would like to move discussion of "Old Business" tc follow "New Business" and allow public participation now and again later in the meeting. There were no objections.
Public Participation:
Charlene Spreda, 35 Candee Road, gave an update on the Spreda pond issue. Mrs. Spreda stated that at the December 11, 2006 meeting the Spredas had made a verbal agreement with Prospect Estates and Nutmeg Estates The Spredas first received a copy of a written agreement on February 2, 2007, which was forwarded to then attorney. Mrs. Spreda spoke to Attorney Towers, Prospect Estates attorney, in mid-February relaying the comments from her attorney that consisted of inserting two words. Attorney Towers stated that he would make the change; and forward a revised copy to Mrs. Spreda. On March 2, 2007 the Spreda's received a totally different agreemem than what had first been sent. Attorney Towers indicated that the agreement the Spredas received on March 2"c included comments given to Attorney Towers from the Town Attorney, Jennifer Yoxall. The new agreement was sent to the Spreda's attorney for review and it was noted that the Cease & Desist Order dates were wrong anc Attorney Towers did not insert the two words requested by the Spredas. Attorney Yoxall communicated to Mrs Spreda on March 6, 2007 that the agreement should not have both Cease & Desist Orders stated in it because the luly 17th Cease & Desist order was already lifted, but the April 17th date should be revised to read April 25th. Mrs Spreda stated she is still waiting for Attorney Towers to respond with the changes and sent another e-mail tc Attorney Towers today asking for a status update on the matter. Mrs. Spreda stated that she wanted to update the Commission to make it known for the record that the Spredas are not the ones delaying the process.
New Business:
a. LTF Builders, LLC, 157A Summit Road. Amendment to Inland Wetlands Permit for "Woodmont Estates' Subdivision to Add Additional Regulated Activities. Attorney Warren Hess, representing LTF Builders, LLC, statec that the Planning & Zoning Commission wants Mikayla Drive ("Woodmont Estates" subdivision) connected to the •'Summit Heights" subdivision and, in order to accomplish that, it is necessary to cross a small wetland area Attorney Hess and Larry Farrell of LTF Builders submitted drawings for the Commission's review showing elimination of the cul-de-sac at the Summit Heights Subdivision and reducing the large pavement area to 24 feet ir width, extending it all the way to Mikayla Drive. The two existing catch basins at the cul-de-sac will be movec down the road causing storm water that was originally going into the wetlands to go down the street to be picked up by the catch basins. Attorney Hess stated that all of the wetland activity is not on LTF Builders property. Attorne> Hess asked for approval to make the crossing saying that they have designed a plan that makes sense and will satisf> the Planning & Zoning Commission. Attorney Hess further stated that the proposal meets the road criteria in the Subdivision Regulations and submitted drainage calculations to show that the piping system can handle the water.
The Commissioners reviewed the submitted plans with Attorney Hess and Mr. Parrel 1. It was noted that there is an additional activity and Attorney Hess stated they would get additional fees to W. Donovan. Motion by S. Sackter, seconded by C. Wentworth to modify Application #10-06 approved 1/8/07 to reflect changes detailed on developer's plans with latest revision date of 3/9/07. Under discussion, W. Donovan asked the Commissioners if the amendment would be considered a direct impact on the wetlands. J. Kaufman stated that it would be as they are putting in a pipe and burying it. J. Kaufman stated concerns with the size of the pipe indicating that he remembered seeing a brook on the Capanna property. A. Koehler stated he thought that it was more of a depression where storm water would go down during a rain event, not a stream. A. Koehler suggested setting a site walk to reacquaint the Commissioners with the area. W. Donovan suggested continuing discussion on this matter immediately following the site walk and possibly voting at that time in order to accommodate the applicant's wish to have an answer for the Planning & Zoning Commission's next meeting. S. Sackter and C. Wentworth rescinded the motion on the floor. A site walk was set for Wednesday, March 14, 2007 at 5:30 p.m. and as long as three members were in attendance the Commissioners could continue discussion and possibly vote at that time. The Commissioners were instructed to meet at the Capanna cul-de-sac. Henry Moeller, soil scientist, arrived and reviewed the soil types as well as the proposed drainage. The applicant was asked to stake where the pipe would go prior to the scheduled site walk. Discussion was continued to following the site walk.
b. Finno Development, Inc., 80 Cook Road. Review of "Country Hills Estates" Subdivision as Approved by Planning & Zoning. A. Koehler read the letter sent to Finno Development, Inc., from W. Donovan. Reginald Finno, Attorney Edward Duffy and Mr. Finno's engineer, Dennis McMorrow of Berkshire Engineering were in attendance. Attorney Duffy reviewed what happened with the Planning & Zoning Commission after IWC approval of the •'Country Hills Estates" subdivision. Mr. Duffy explained that Planning & Zoning wanted the developer to provide open space in kind rather than a payment in lieu of open space. The progression of several plans provided to the Planning & Zoning Commission is why Mr. Finno is before the IWC now. Attorney Duffy, Mr. Finno and Mr. McMorrow reviewed the changes that took place at the Planning & Zoning Commission stating that the changes to the plans did not affect any of the wetlands. Attorney Duffy explained that the final plan was based on a design submitted by John Kaufman as a citizen that created a greenway across the top of the subdivision, blocking the connection with Dogwood Drive and eliminating eleven lots. This plan radically changed what the Town had wanted which was to connect Cook Road with Dogwood Drive and run drainage pipes from the proposed subdivision into Dogwood Drive to pick up a catch basin that was causing some sort of a problem for the Town. The piping would take all of the drainage from the subdivision and Dogwood Drive to the Water Company inactive reservoir. The Town was going to participate in the project by supplying the material. The Regional Water Authority didn't want the normal water flow diverted to the inactive reservoir and consequently the applicant proposed a two-pipe system taking the normal runoff and running it to the active reservoir and taking peak flow to go to the inactive reservoir. Attorney Duffy stated that on July 5, 2006, he informed the Planning & Zoning Commission that the Public Works Department indicated that the proposed road must go through to Dogwood Drive and the drainage pipes connected to Dogwood Drive. Attorney Duffy further stated he was excoriated for not obeying what the Planning & Zoning Commission wanted and was told in no uncertain terms that Planning & Zoning controls drainage. Attorney Duffy has filed an appeal with Superior Court on behalf of his client. The existing plan has the six acres of open space to be given to the Town. The approved development is losing some oi Wysteria Drive and no longer can connect the drainage pipe to Dogwood Drive. The plan has left the detention pond at exactly the same size designed to handle the larger plan and left the piping the same size. There was no point to run the two pipe system. The plan was sent back to the Town Engineer who commented in a letter dated September 5, 2006 that "the plan is a reasonable approach to the development, one that satisfactorily considers drainage, wetland, erosion and sediment control, and road design issues". A. Koehler stated that the main concern was that the idea of the two pipe system was to direct excess water away from Roaring Brook. He is still concerned but understands from Land Tech that the detention basin should take care of drainage. Mr. Finno stated that from the very beginning there was no need for the additional piping, but it was included in the design at the request of the Public Works Department noting that the Town would supply the material. Mr. Finno then stated that since the considerable downsizing of the subdivision, the additional piping is definitely not necessary as indicated in the drainage calculations Land Tech reviewed. Dennis McMorrow stated that the natural flow is towards the active reservoir where the Water Company wants the water to go. The detention pond has never changed in size; the firsl one inch of rainfall will stay in the pond. S. Sackter asked if the detention pond would hold water back during a torrential rain storm. Mr. McMorrow stated that depending on the amount of rain in a heavy storm event the detention pond could overflow. Mr. McMorrow reviewed the detention pond functions stating that the pond will perform better than originally designed based on the reduction of impervious surfaces and lots. Mr. McMorrow also reviewed the regulated activities for the Commission. A. Koehler stated the Commission's concern with detentioi basins performing as they are supposed to. He asked for assurances that the detention basin will function a designed. A. Koehler stated that the Town Attorney indicated that flooding issues are the jurisdiction of thi Planning & Zoning Commission unless it has a direct impact on the wetlands. J. Kaufman stated that th Commission's concern was for the two watersheds shown on the Town map and that inasmuch as the detention pom was designed for a larger project there is probably better protection than what was originally proposed. C Wentworth questioned whether the Water Company had actually denied diverting water to the inactive reservoir Attorney Duffy explained that formal permission would have to be sought by the Town, and that request was neve made. C. Wentworth questioned that if the Town was willing to incur cost of material for the stretch of road goin; to Roaring Brook Road, wouldn't it be prudent to replace pipes on Cook Road with larger pipes. W. Donovan askec Mr. McMorrow to review any changes with the regulated activities. Mr. McMorrow stated that Lot 14 is now opei space, Lot 17 is now Lot 13 with two regulated activities, house and septic, and Lot 14 is now Lot 18. The tota number of regulated activities has not changed from the original application.
Motion by J. Kaufman, seconded by S. Mulhall to amend Application #13-05, Finno Development, Inc., 80 Cool Road, to reflect changes detailed on plans entitled "Country Hills Estates" with latest revision date of 8/22/0< showing an open space designation area resulting in a reduction of impervious road surface and storm water runof and redesign of the storm water drainage system. A. Koehler, J. Kaufman and S. Mulhall in favor. C. Wentwortl and S. Sackter opposed. Motion Carried.
Motion by A. Koehler, seconded by C. Wentworth to add to the agenda under "New Business" Stephen & Karr Lombardo, 84 Union City Road. Unanimous.
c. Stephen & Karri Lombardo, 84 Union City Road. Construct a Storage Shed -within a Regulated Area. Stephen Lombardo was in attendance. A. Koehler stated that with a previous application the Commission had askec that the pool be moved further away from the embankment and that the embankment wasn't supposed to bf modified. A. Koehler stated that W. Donovan had asked him to look at the embankment which appears to have hac fill added. Mr. Lombardo stated that nothing had been added he is just reducing the steep pitch of the embankment A. Koehler stated that he was not comfortable with accepting a new application before the Commissioners looked a the embankment. A site walk was set for Wednesday, March 14, 2007 at 6:00 p.m. A. Koehler asked W. Donovar to provide minutes from the previous approval.
Old Business:
a. Reilly Pond, 179 Union City Road. Significant Sedimentation in Pond. W. Donovan stated that George Logar has not visited the site yet. Chairman Koehler stated that the weather should be breaking soon and suggested tha Bill contact Mr. Logan as a reminder.
b. Inland Wetlands Regulation Revisions. W. Donovan stated that he hasn't received anything in writing from the Commissioners yet as discussed at the last meeting. C. Wentworth distributed a handout with proposed language foi inclusion in the Regulations. The Commissioners will discuss the proposed changes again at the next meeting.
Public Hearings: None
Public Participation:
John Scheiffer, 91 Cook Road, stated that he didn't like the decision made regarding the Finno Developmen subdivision. Mr. Scheiffer asked how many people visited Roaring Brook Road and Cook Road during a recen heavy rain event to see the horrendous water flow. Mr. Scheiffer feels that tonight's decision does nothing tc alleviate the drainage concerns for the residents and that comments made during the public hearing for thi: application were for naught. J. Kaufman reiterated that it was made clear that drainage concerns are Planning & Zoning issues-not the IWC. C. Wentworth repeated for Mr. Scheiffer his questions regarding the Town'; willingness to supply materials for the proposed two pipe drainage system in lieu of replacing the piping undei Roaring Brook Road and Cook Road with larger pipes, as well as Finno Development not providing something ir writing from the Water Company to indicate their not wanting runoff diverted to the inactive reservoir. Mr. Scheiffei stated that he had left the public hearing thinking there had been some progress, but they've gotten nowhere. It was suggested that a request be sent to the Mayor asking to make this a priority issue. Anne Stein, 22 Cook Road referred to minutes of February 22, 2006 regarding Norm Curtis questioning the consequences of the storm watei
runoff from the Finno Development subdivision to Roaring Brook Road and Mr. McMorrow's comment that "his redesign of the detention basin and storm water piping outlets limit storm water runoff to Roaring Brook Road to n< greater rate or volume than is now occurring." Mrs. Stein stated that if the redesign of the detention basin anc piping outlets would help even though the road was taken away why not require it. Mrs. Stein questioned th< difference in storm water runoff with a larger cul-de-sac and more driveways and the effect it will have on peoph living in the area. Mrs. Stein stated that it is the IWC job to look out for the health and welfare of the Town citizens A. Koehler again stated that drainage issues are not within the realm of the IWC. Mrs. Stein stated that the wate; will be discharging into a natural wetland and water supply area and there should be consideration given to storn water runoff affecting property within 100 feet of a property line. Flooding neighbors downstream is not th« answer.
Land Use Inspector's Report: J. Kaufman suggested that a letter be sent to the Mayor asking that Cook Road drainage repair be put on a priority list for the annual drainage plan. If the Town was willing to do work ir conjunction with the original Finno Development proposal, why not still make the improvements.
Motion by S. Sackter, seconded by S. Mulhall to adjourn at 8:50 p.m. Unanimous.
Arnold Koehler, Chairman