Board Members Present: Arnold Koehler, John Kaufman, Charles Wentworth, & Stephen Sackter
Alternate Members Present: None
Absent Members: Stephen Mulhall, David Michaud (Alt.), 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.
Approval of Minutes: Motion by S. Sackter, seconded by J. Kaufman to approve the minutes of April 23, 2007 as presented. 3 Votes in favor; 1 abstention. Motion Carried.
Communications: None
Old Business:
a. Reilly Pond, 179 Union City Road. Significant Sedimentation in Pond. George Logan has not contacted W. Donovan regarding a site visit to provide the Commission with recommendations for reclamation of the Reilly pond. Bill stated that he had sent another message today. A. Koehler stated he would like to see something scheduled before the next meeting.
b. Application #01-07 – Herminio & Kathleen Nunes, 41 Juggernaut Road. Storage Shed within a Regulated Area. A. Koehler stated that he visited the site with Building Inspector Bill Scarpati. The building inspector noted that the concrete slab under the shed would crack over time. A. Koehler noted that there is ample room on the lot to allow an alternate location for the shed further away from the wetlands. A. Koehler suggested that the application be denied, as there is a feasible and prudent alternative for the location of the shed. J. Kaufman stated his concerns with there being no footings for the building that would lead to sagging in a few years as well as storm water runoff from the steep roof. J. Kaufman also noted that there were no zoning, building or wetlands permits obtained prior to construction of the shed. The Commissioner noted that it wouldn’t be an easy job to move the shed but there are other areas on the property away from the wetlands that could sustain a building of this size. Herminio Nunes was in attendance and stated that he didn’t want the hassle of moving the shed and he would just tear the building down. Mr. Nunes acknowledged that he neglected to obtain proper permits, but also stated for the record that he has seen buildings on concrete slabs last 20 to 30 years with no problem. Motion by A. Koehler, seconded by S. Sackter to deny Application #01-07, Herminio & Kathleen Nunes, 41 Juggernaut Road, for a storage shed within a regulated area as there is a feasible and prudent alternative to the structure’s location. Unanimous.
c. Application #02-07 – Luca & Staci Petracca, 5 Laura Avenue. Proposed House & Driveway within a Regulated Area. A. Koehler stated that a site walk was held on May 9, 2007 at 6:30 p.m. The applicant’s engineer, Emily Jones, of Civil One submitted a Soils Study Report from Environmental Planning Services dated November 30, 2006. Ms. Jones reviewed revisions made based on comments from the site walk. The western corner of the house was moved to 34 feet from the edge of the wetlands, a seepage envelope was provided for drainage under the driveway and a yard drain catch basin was added with a 12 inch pipe to direct water under the driveway to a rip-rap area and then into the wetlands. J. Kaufman asked that details be added to the site plan showing water that flows into and out of the property. J. Kaufman stated that he would like to see the house moved even further than 34 feet from the wetlands. Ms. Jones stated that she tried several scenarios for relocating the house, but because of the approved location of the septic system and reserve area, the current site plan is the optimum plan. The Commissioners stated concerns with the house location being so close to the wetlands and asked Ms. Jones to investigate whether the primary and reserve septic areas could be relocated to allow the location of the house to be further from the wetlands. J. Kaufman also suggested some type of formal wall at the corner of the lot where the house is located to prevent the lawn from “creeping” into the wetlands over time. C. Wentworth stated he would prefer the house be at least 50 feet from the wetlands. C. Wentworth also asked Ms. Jones about the request to put a permanent pin marker. Ms. Jones stated that a permanent property boundary pin could be placed as a condition of approval when the permanent lot line is approved. J. Kaufman reviewed the Filtrex filtration tube with Ms. Jones, stating that it would be helpful at the southerly border of the driveway area to keep gravel from going into the wetlands. Ms. Jones will investigate other alternatives for the septic system in order to locate the house further from the wetlands for the next meeting.
d. Application #03-07 – AT&T Corporation, 200 Saddle Court. Install Fiber Optic Cable within a Regulated Area. C. Wentworth and S. Sackter stated that AT&T has not completed the work as the Commissioners were told at the last meeting. C. Wentworth stated that there is an open trench on Cook Road. The Commissioners felt that a representative from AT&T should appear before the Commission with a map to explain where there is work being done, what control measures are being taken and a timetable for the project. W. Donovan will contact AT&T to be at the next meeting.
Enforcements:
a. Application #03-06 – Stephen & Karri Lombardo, 84 Union City Road. Cease & Desist Order. The engineer has not completed the site plan.
New Business:
a. Kenneth & Cynthia Ryder, 11 Straitsville Road. Landscape Improvements in an Upland Review Area. Kenneth Ryder reviewed his application with the Commissioners stating that he would like to add 30 yards of fill and plant grass to expand the scope of his rear yard to make it easier to manage. A. Koehler asked if the wetlands were delineated on the property. Mr. Ryder stated that he is not in a regulated wetland. About ten years ago the town installed storm sewers to Straitsville Road in this area, with a lateral facing back at 9 Straitsville Road and a lateral facing back at 13/17 Straitsville Road which effectively drain on both sides of Mr. Ryder’s property. Mr. Ryder stated that since this work was done, there has been no free water flowing on the property in the area proposed to be filled in. J. Kaufman stated he remembered that there had been free flowing water in that area years ago. Mr. Ryder reiterated that the storm drainage work has taken care of that problem. J. Kaufman stated that there may still be some wetland characteristics there. J. Kaufman asked if there were springs in the back area where crushed stone would be necessary. Mr. Ryder stated that there were no springs on his property. Mr. Ryder has delineated the area he is proposing to fill in. Motion by J. Kaufman, seconded by C. Wentworth to accept Application #04-07, Kenneth & Cynthia Ryder, 11 Straitsville Road, for landscape improvements in an upland review area. Unanimous. A site walk was scheduled for May 17, 2007 at 6:00 p.m.
Motion by A. Koehler, seconded by J. Kaufman to add Clarence Miller, Summit Heights Subdivision, to the agenda under “New Business” for a change of location of proposed house on Lot #3. Unanimous.
b. Clarence Miller, Summit Heights Subdivision. Change of Location of Proposed House on Lot #3. Robert & Mark Capanna and Clarence Miller reviewed a Summit Heights Subdivision map showing the primary and reserve septic area for Lot#3. Robert Capanna asked whether the Commission would look favorably on a proposal to rotate the location of the house to be where the primary septic is now located, and use what is noted as Test Pit 5B for the primary area. Changing the location of the house would not put the house any closer to the wetlands than the primary septic is currently. The Commissioners stated that they didn’t foresee any problems with changing the location of the house and septic. Mr. Capanna was instructed that an application and amended site plan would need to be submitted for approval.
Public Hearings:
8:12 p.m. – Inland Wetlands Regulation Revisions. A. Koehler read the Notice of Public Hearing as it appeared in the Waterbury Republican American on May 3, 2007 and May 10, 2007. A letter dated May 14, 2007 from Mayor Robert Chatfield and a letter dated April 26, 2007 from the Department of Environmental Protection regarding the revisions were read into the record. Discussion by the Commissioners was held on the proposed regulation revisions.
Page 14, Section 7.6(f) changed to read: “full disclosure of all fill materials deposited within the upland review area or beyond the regulated area where potential sediment erosion could impact a watercourse or wetlands. The applicant shall provide a log of any fill material brought onto the site indicating the location of where the fill is being obtained, date of delivery and the amount of material being trucked in. The applicant may further be required to submit a chemical analysis of fill materials by a State certified laboratory should the commission have reason to believe that based on the location from which the fill has been obtained, the fill may contain certain industrial, commercial or agricultural contaminants potentially harmful to a wetlands or watercourse;”
Page 21, Section 11.9(g) changed to read “The applicant must comply with posting of permanent wetlands’ markers as directed by the IWC prior to release of any portion of bond monies. Wetland markers must be provided by the applicant at his expense and approved by the IWC. A site walk shall be scheduled to confirm compliance.”
Page 21, Section 11.9(h) added “Permits are not transferable without the prior written consent of the Commission.”
W. Donovan was instructed to have the Town Attorney review the proposed changes to Section 11.9(g). J. Kaufman stated he felt the definition of “clearcutting” (page 3, Definitions) was too general and asked Bill to get some guidance as to how to make it more specific.
Page 6, Definitions added “Wetlands Delineation- Use of blue flags with numbers to correspond to location on the site map presented with application.
Page 14, Section 7.6(e) J. Kaufman suggested requiring an applicant to submit a biological impact study with the application. B. Donovan noted that in the proposed Section 7.6(d) and (e) the applicant is required to describe the ecological communities and functions of the wetlands and watercourses involved and the environmental impact to wetlands or watercourses resulting from the proposed regulated activities.
Page 20, Decision Process and Permit. Discussion was held on “stipulations” included with permits and the stipulation expiring with the permit. The Commissioners would like the regulations to allow any stipulation issued under “Decision Process & Permit” to remain after the permit period expires. W. Donovan will check with the Town Attorney.
Page 24, Section 14 – Enforcement. A. Koehler questioned whether the burden of proof could be on the applicant if the IWC suspects that an applicant has encroached on the wetlands.
Page 5, Definitions –“Regulated activity” W. Donovan noted that any activity within 100 feet of a wetland area would now require a permit and that the Commission may decide that any other activity located within an upland review area, non-wetland or non-watercourse area likely to impact or affect wetlands or watercourses is a regulated activity.
The hearing was opened to comments from the public. Anne Stein, Cook Road, stated that the Open Space Planning Committee is zeroing in on vernal pools and the vernal pools will be verifiable with latitude and longitude points. For clarification once the areas are officially documented, can something be included in the regulations for an upland protection of these areas in accordance with the Open Space Plan. A. Koehler stated that it would be taken on a case by case basis depending on the activity. J. Kaufman suggested adding to Section 10.1(b), an Item (5) Plan of Conservation and Development and an Item (6) Plan of Open Space and Development (once adopted). Mrs. Stein stated that if the Commission has documentation and regulations on record, it helps to define for the builder, homeowner and developer what is expected of them for the protection of our natural resources. The Commissioners agreed to add Item 5 & 6 under Section 10.l(b). Mrs. Stein stated that she agreed with C. Wentworth that if soil testing is done a commission member should be present. Mrs. Stein further stated that she would like to see the Commission be more definitive regarding regulated areas. There were no further comments from the public. The public hearing was continued to June 11, 2007 at 8:00 p.m.
Motion by A. Koehler, seconded by J. Kaufman to add Anthony Dorso, III, 20 Peter Gilkey Road, to the agenda under “New Business” for filling of wetlands for a proposed driveway. Unanimous.
New Business:
c. Anthony Dorso, 20 Peter Gilkey Road. Filling of Wetlands for a Proposed Driveway. Anthony Dorso stated he had expected his engineer to be in attendance this evening. The Commissioners noted several deficiencies with the site plan map, such as no locator map, no wetlands delineation, buildable acreage and no sequence of construction. Mr. Dorso stated that he was planning to re-zone the property as a farm. Before he can do that, Mr. Dorso stated he needed access to the property and needs to cross through wetlands. Mr. Dorso has not received written approval from Chesprocott yet, but the test pits were done. The wetlands are delineated on the property. J. Kaufman indicated to Mr. Dorso that he should have a prudent alternative to the proposed crossing, as it seems the proposed crossing is at the widest point of the wetlands. Mr. Dorso stated that the proposed crossing was found to be the shortest, most direct route to get from the right of way to the property. J. Kaufman had several questions regarding the applicant’s properties and clarification on this specific application. Mr. Dorso stated that the crossing is the only alternative. J. Kaufman stated that Mr. Dorso would have to prove to the Commission that this is the only alternative. The Commissioners felt that the applicant’s engineer should appear before the Commission. A. Koehler asked Mr. Dorso to have the engineer show the wetland flags with numbers on the map as well as the buildable area and locator map to conform to the application. Mr. Dorso will be placed on the agenda for the next meeting.
Public Participation: Jim Casagrande, senior engineer, from the Connecticut Water Company was in attendance to present a project to install a 12-inch water main extending from Route 68, Straitsville Road along Salem Road to Maple Hill Road in Naugatuck. The purpose of the project is to improve operation to the Prospect system and the Naugatuck system. The project will assist the water company in eliminating the use of the Maple Hill pump station in Naugatuck. Mr. Casagrande stated that they are planning to start the project around the end of June and should wrap up by the end of September. There are three areas of concern noted on the plans, two 48-inch culvert crossings and double 24-inch culvert crossings. The plan is to excavate under the existing pipe, put a sleeve and insert the water main through the sleeve. Mr. Casagrande stated that the water flow in that area would not be disturbed. The wetlands have not been identified for the plan, but the watercourses have been. Sheets 3 and 4 of the plan show the regulated areas. W. Donovan referred to current regulations, Section 3: Permitted Operation and Uses, “E”, which states that “Construction and operation, by water companies as defined in Section 16-1 of the Connecticut General Statutes, or by municipal water supply systems as provided for in Chapter 102 of the Connecticut General Statutes, or dams, reservoirs and other facilities necessary to the impounding, storage and withdrawal of water in connection with public water supplies, except as provided in Sections 22a-401 and 22a-403 of the Connecticut General Statutes, as amended.” , by way of explaining why an application is not required for this project. A site walk was scheduled for May 29th at 6:00 p.m. The Commissioners will meet at Pond View Drive.
Land Use Inspector’s Report: W. Donovan stated that Toll Brothers have all controls in place for the sewer line on Scott Road. A letter was sent to Larry Beausoleil concerning the need for him to finalize the detention basin and final stabilization around the embankment by end of month. C. Wentworth asked if the Commissioners had noticed that Curtis Gardens has expanded their business to the next property. Bill will look into this matter and refer to the site plan submitted to the Planning and Zoning Commission. J. Kaufman reported that a stone on the Woodmont Estates subdivision property was recognized as a stone that may have been used as an Indian washing stone. Larry Farrell will be giving the stone to the Prospect Historical Society.
Motion by C. Wentworth, seconded by S. Sackter to adjourn at 10:15 p.m. Unanimous.
Arnold Koehler
Chairman