Town of Prospect - Boards & Commission

Inland Wetlands Commission

APPROVED MINUTES
OCTOBER 22, 2007

Board Members Present: Arnold Koehler, John Kaufman, Charles Wentworth, Stephen Sackter, & Stephen Mulhall
Alternate Members Present: None
Absent Members: David Michaud, Charles Dorman
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 not taped due to a recorder malfunction.

Approval of Minutes: Motion by S. Mulhall, seconded by J. Kaufman to approve the minutes of the September 24, 2007 meeting as amended. 4 votes in favor; 1 abstention. Motion Carried.

Communications:
1. Letter dated October 12, 2007 from Paulo DaCosta, 245 Straitsville Road, requesting release of bond.
2. Copy of Wetlands Erosion and Sedimentation Control Bond for Summit Woods Development, LLC.
3. Building Inspector's Report for the month of September 2007.
4. Southwest Conservation District Newsletter, "Soil and Water " Fall 2007.
5. HRP Associates, Inc., Fall Training Seminars.
6. The Community Foundation for Greater New Haven and The Watershed Fund Workshop, "Global & Local Water Issues ".
7. College of Agriculture and Natural Resources Journal, Fall 2007.
8. City of Waterbury, Department of Public Works - Application documents for the renewal of the Diversion Permit Renewal for East Mountain Golf Course.
9. Connecticut Association of Conservation and Inland Wetlands Commissions, Inc., "The Habitat".
10. Report dated October 22, 2007 from REMA Ecological Services, LLC. re: Recommendations for New Check Dam and Mitigation at the Reilly Pond - 179 Union City Road.

Old Business:
a. Reilly Pond, 179 Union City Road. Significant Sedimentation in Pond. A report prepared by REMA Ecological Services, LLC, dated October 22, 2007 was received with recommendations for a new forebay and mitigation for the Reilly Pond. A. Koehler stated that the report would be forwarded to Land Tech Consultants for review before any action is taken. A copy of the report has been given to Hank Berberat ofTesco Rentals for his engineer to review. J. Kaufman wanted clarification on the exact location of the proposed forebay. A. Koehler stated that Land-Tech Consultants will be providing a site plan based on the REMA Ecological Services report that should show more specifically where the proposed forebay will be. J. Kaufman stated that the report makes reference to the pond outlet weir; however the weir is not shown in the drawing detail. J. Kaufman also noted that there is no mention in the report of the sediment that was to be removed by hand. W. Donovan was asked to check with the town attorney regarding reimbursement from Tesco Rentals, LLC, for recommendations from Rema Ecological Services and Land-Tech Consultants.

b. Application #11-07 — Jeremy August, 181 Union City Road. Application to eliminate pond and restore stream to original course. A response dated October 16, 2007 from the Connecticut Department of Environmental Protection regarding their jurisdiction over the proposed removal of this dam was read into the record. A. Koehler noted that a letter was sent by W. Donovan to Jeremy August regarding the commissioners' concerns with downstream erosion and sedimentation and requesting that immediate steps be taken to correct the problem. Mr. August stated that his preference would still be to eliminate the pond by removing the dam citing liability concerns for the town and him as well as it being a breeding area for mosquitoes. Mr. August has contacted Capital Heavy Hauling for an estimate to build up the sides of the dam and would like to avoid the financial cost associated with that. J. Kaufman stated that there is a sedimentation problem that needs to be addressed immediately. If building up the sides of the dam would take care of the problem, then that's what J. Kaufman would recommend. It was also noted that Mr. August had indicated at the sight walk that if the Commissioners were not in favor of removina the dam that Mr. August be allowed to build up the sides of the dam. Mr. August was instructed to provide the commission with a plan to address the immediate sedimentation problem and if he was still determined to get rid of the dam, he should contact Land-Tech Consultants to provide an engineered plan for removing the dam that would be environmentally safe. There would likely be a public hearing. C. Wentworth also stated that he would like the septic system located so there would be no disturbance to the tank or leaching fields. Mr. August asked if there was town money to defray the cost. He was told that the burden falls on the property owner. Mr. August agreed to speak with Capital Heavy Hauling regarding fixing the immediate problem.

Enforcements: None

New Business:
a. William L. Sima, III, 44 Sherwood Drive. Application for a New House & Septic within a Regulated Area. A. Koehler read a memo from W. Donovan to the Inland Wetlands Commission and Zoning Board of Appeals dated October 22, 2007 regarding Mr. Sima's property indicating that a variance of the "Minimum Buildable Area" is not needed for an inland wetlands permit due to the lot's approval issued by the Prospect Planning Commission in 1959. Annette Turnquist of Juliano & Associates, representing Mr. Sima, stated that there is approximately 17,908 square feet of wetlands on the property or 43% of the lot. The entire parcel would be in a regulated area. Mr. Sima is proposing to build a 2-bedroom home and needs to do soil testing in order to be able to size a septic system to support it. The applicant is proposing to fill about 2,500 square feet of wetlands. Mr. Sima stated that he is intending to use a new system called the "living system" which will allow for plenty of room. Mr. Sima would like permission to dig three test pits. Motion by S. Sackter, seconded by J. Kaufman to allow William Sima, III, 44 Sherwood Drive, to dig test pits for a septic system in order to design a site plan, provided there is no crossing of the wetlands. 4 votes in favor; C. Wentworth was opposed to the motion without the commission conducting a site walk. Motion Carried.

b. Gary Zimyeski, 99 Union City Road. Review possible industrial development. Gary Zimyeski stated he was representing his sister who own the property at 99 Union City Road and distributed an aerial map of the property marked with a proposed industrial subdivision. The property is currently zoned industrial. Mr. Zimyeski and Greg Ploski stated that they wanted to review the proposed subdivision with the commission to know what questions they may have before an application is presented. Each proposed lot would come before the IWC and the Planning & Zoning Commission as required under the current regulations. The proposed 15-acre parcel would be occupied by a crane truck service with approximately 5 crane trucks. No building is being proposed at this time for that lot. The proposed 5-acre parcel would be occupied by a roofing company proposing a small 40' X 60' building. The proposed 10-acre parcel may be split into two parcels. The use of the remaining back portion of the lot has not been determined, however Mr. Ploski indicated dry storage units with retail space may be proposed. There would be no asphalt. J. Kaufman stated that the area is within an acquifer protection area. The commissioners thanked Mr. Zimyeski and Mr. Ploski for the review.

c. CRT Realty, LLC, 30 Candee Road. Application for regulated activities within a 5-lot subdivision. David Carson of the OCC Group, Inc. represented CRT Realty, agent for Kenneth and Sheryl Mann. A. Koehler noted thai the applicant has notified the Connecticut Department of Public Health and the Regional Water Authority as required. Also submitted were a Wetland/Watercourses and Soil Report and Stormwater Management Analysis. The applicant is proposing a 5-lot subdivision off of Candee Road to be serviced by a 500-foot cul-de-sac. There are two wetland areas on the property. The subdivision is being planned with the least amount of disturbance to the wetlands. The road is proposed to run between the two wetland areas. Regulated activities are driveway crossings for Lot 4 and Lot 5, storm drainage from the roadway and create a bermed detention area that will eventually become wetlands. All driveways are less than 500 feet. Mr. Carson explained that the striped area on the site plan is proposed for an open space conservation easement. The area would not be of any significant value to the town 01 the Land Trust. The subdivision has a total area of 16.74 acres. Chesprocott has reviewed the plan, which was revised on October 19th to change the septic layout on Lot 5. All septic systems are gravity flow systems. Motion by S. Sackter, seconded by J. Kaufman to accept Application #12-07 of CRT Realty, LLC, for regulated activities within a proposed 5-lot subdivision at 30 Candee Road. Unanimous. It was noted that there may be a change in the number of regulated activities. A site walk was scheduled for Saturday, November 17, 2007 at 8:30 a.m. with a rain date of November 24, 2007. The commissioners will park at the Spreda property AT 35 Candee Road.

d. Richard Brown, 33(41) Salem Road. Application for a single family home within an upland review area. David Carson of the OCC Group, Inc. represented Richard Brown, agent for Gail Ashe. The applicant is proposing to re- subdivide the homestead parcel of the Ashe property, pond and area of land on the opposite side of the pond to create a 3-acre rear lot and build a single family home. Mr. Carson reviewed the grading and utility plan. The property is within 100 feet of an upland review area of the pond. There are no actual wetlands on the site. The corner of the garage closest to the roadway is 75 feet from the edge of the pond. The proposed septic and reserve area are outside the review area. Chesprocott has approved the site plan. The driveway is less than 500 feet. The house is being proposed as close to the side yard as is reasonable; 35 feet from the property line. There is no significant impact to the pond. A curtain drain is proposed for the front of the house that will tie into an existing curtain drain from the Brown property at 35 Salem Road. Motion by J. Kaufman, seconded by S. Sackter to accept Application #13-07 of Richard Brown for a single family house within an upland review area. Unanimous. A site walk was scheduled for Saturday, November 17, 2007 at 9:30 a.m. with a rain date of November 24, 2007. Commissioners will park at 35 Salem Road. Fees were paid in the amount of $170.00 and $30.00.

e. TSC Properties, 170 Scott Road. Application to place fill within an upland review area. Michael and Christine McAllen of TSC Properties explained that a steep bank near the senior apartments on this property appeared to them to be a danger for the residents of the apartments and they began depositing wood chips to make a pitch that wouldn't be such a sharp drop-off. J. Kaufman stated that the commission had recently learned that as wood chips decompose they can cause high phosphorus levels that can damage the wetlands. J. Kaufman also stated that the Planning and Zoning Commission is considering changes to the regulations regarding wood chips. Mr. McAllen indicated that they have been depositing wood chips for about a year. The commissioners scheduled a site visit for Wednesday, October 31, 2007 at 4:00 p.m. to give the McAllens some direction as to how to remedy the situation. The McAllens were asked to have a surveyor mark the Waterbury/Prospect boundary prior to the site walk.

Public Hearings: None

Public Participation: None

Land Use Inspector's Report: A. Koehler announced that he will be stepping down as a regular member of the IWC when his term expires on January 1, 2008. He is willing to remain on the commission as an alternate member. J. Kaufman reiterated the Planning and Zoning Commission's proposed changes regarding the placement of wood chips and felt that a letter should be sent to advise the P & Z commissioners what was recently learned regarding the effects on the wetlands. J. Kaufman also expressed concern with a proposed change in the length of driveways and stormwater runoff that could affect wetlands. The Planning and Zoning Commission is asking for comments regarding the proposed changes. Copies of the proposed zoning changes will be sent to the inland wetlanc commissioners for review. C. Wentworth stated that the road for Country Brook Estates subdivision has been cut all the way through. It was thought that the approval was for the road to be done in stages and the commissioners were concerned that erosion and stabilization controls were not in place. It was also stated that Mr. Finno was going tc drill a well on each piece of property to ensure there was water. J. Kaufman stated that the property is being advertised as a gated community. W. Donovan stated that they need to keep the access open and therefore a gate K out of the question. A site walk was scheduled for Wednesday, October 31 2007 at 4:30 p.m. to review stabilizatior controls. W. Donovan will notify Mr. Finno.

Motion by S. Sackter, seconded by J. Kaufman to release the wetlands erosion and sedimentation control bond foi Paulo DaCosta, 245 Straitsville Road as requested. Unanimous.

Motion by J. Kaufman, seconded by S. Mulhall to adjourn at 9:50 p.m. Unanimous.

Arnold Koehler, Chairman