Board Members Present: Arnold Koehler, John Kaufman, Stephen Mulhall, Charles Wentworth, & Stephen Sackter
Alternate Members Present: Charles Dorman
Absent Members: David Michaud (Alt.)
Others Present: Bill Donovan, Land Use Inspector, Diane Lauber – Clerk
Chairman A. Koehler called the meeting to order at 7: 02 p.m. The meeting was taped.
Approval of Minutes: Discussion was held on the process of transferring Inland Wetland Permits when there is a change of ownership. W. Donovan reviewed with the commission a “Permit Transfer Letter/Assignment of Permit” that must be signed by both the current permittee and the new owner and then submitted to the IWC for authorization of the permit transfer. C. Wentworth asked about the request for copies of permits issued from the Building Department. The clerk indicated that the Building Inspector’s Report for the month of August 2007 was included with communications this evening and that she would request a copy of the report each month for the commission to review. Motion by S. Sackter, seconded by C. Wentworth to approve the minutes of the August 13, 2007 meeting as discussed. Unanimous.
Communications:
1. Connecticut Association of Conservation and Inland Wetlands Commission, Inc. – Notice Seeking Nominations for the Annual Recognition Awards.
2. Letter dated September 7, 2007 from Carla M. Perugini-Erickson, Chairman of the Prospect WPCA to Joseph F. Commendatore, Chairman of the Prospect Town Council re: Prospect’s Eligibility for Clean Water Funds.
3. Building Inspector Report – Month of August 2007.
4. University of Connecticut Registration Form for DEP IWC Training Session – Segment III.
Old Business:
a. Application #10-06 – Woodmont Estates Subdivision. Installation of Rosemary Road. Larry Farrell of LTF Builders, Inc., and Roland Desrosiers, Land Use Planner and Surveyor for Woodmont Estates, were in attendance. Mr. Farrell assured the commission that although there was a name change on the Summit Road property, he is still the owner and that he will be the builder. Mr. Desrosiers explained that one of the amendments made in the course of approving this subdivision was a connecting road from Rosemary Road at the adjacent “Summit Heights” subdivision to the new proposed road, Mikayla Lane, in the “Woodmont Estates” subdivision. The Planning & Zoning Commission has approved the crossing and Mr. Farrell would like to begin Phase I on September 17, 2007. Mr. Farrell is asking for approval from the IWC to construct the stream crossing at this time as well, to take advantage of the dry conditions. Mr. Desrosiers reviewed the stream crossing with the commission as shown on Page 19A of the approved site plan for “Woodmont Estates”. When the construction for Phase I begins, Mr. Farrell is proposing to access the site by way of Rosemary Road and fill will be deposited at the end of the Rosemary Road cul-de-sac. Mr. Farrell estimated that the crossing should be completed within 30 to 45 days. It was stated for the record that all erosion and sedimentation controls would be in place prior to starting construction. The commission asked that prior to construction, Mr. Farrell contact W. Donovan to ensure that erosion controls are in place. S. Sackter asked what measures would be taken for winter seeding and stabilization. Mr. Desrosiers indicated that there would be time for the grass to grow before the winter season, but if it didn’t they would stabilize the area. Motion by J. Kaufman, seconded by S. Mulhall to approve a change in the construction sequence relative to Rosemary Road with the stream crossing as shown on page 19A of map entitled “Subdivision Plan of Woodmont Estates”, last revised March 16, 2007, to be completed with Phase I of the “Woodmont Estates” subdivision plan with the condition that the area be stabilized before winter. Unanimous.
b. Application #05-07 – Pete Conroy, 32 Rek Lane. Install a Culvert within the Brook. A. Koehler read a letter dated August 14, 2007 from Pete Conroy granting an additional 65-day extension for this application. W. Donovan stated that Mr. Conroy is still working with the Rek family to come to an agreement regarding the culvert. The commission acknowledged the 65-day extension.
c. Reilly Pond, 179 Union City Road. Significant Sedimentation in Pond. A. Koehler stated that the commisssioners have all reviewed the report submitted by REMA Ecological Services, LLC. Hank Berberat of Tesco Rentals was in attendance and stated that he had received a copy of the report around August 31st and hasn’t had sufficient time to go through it with his attorney or engineer. Mr. Berberat presented photos showing water coming onto the Boulder Brook site containing sediments from a culvert crossing under Route 68 in the area of the Bethel Baptist Church. J. Kaufman described for Mr. Berberat variations in the color of storm water. J. Kaufman stated that if he sees dark sediments, that would usually indicate organics such as vegetative decomposition that comes out of the woods during storm events. What was observed coming from the Boulder Brook property was a light, orange/brown color, that would indicate fresh erosion and sediment. Mr. Berberat stated concerns with the report not addressing the type of product in the runoff coming from that culvert as well as no mention of the two drains on the Oldakowski property that drain towards the brook. Mr. Berberat also commented that during the application proceedings for Boulder Brook, Mrs. Reilly had stated that her pond was already heavily silted from the Smoke Rise Circle development and was concerned what more development would do. Mr. Berberat remembered observing with W. Donovan the sand bar in the Reilly pond prior to construction of Boulder Brook, yet the report seems to indicate that development at Boulder Brook caused the sand bar. Regarding the forebay, Mr. Berberat stated that Mr. & Mrs. Reilly observed and were involved in the installation. After it had been constructed, a site visit was made with the Reillys, W. Donovan, Dave Hughes of Harry Cole & Son, and Mr. Berberat and all had agreed that the job was acceptable. Mr. Berberat stated he was willing to work with the Commission to resolve the problem. A. Koeher allowed Jean Reilly to comment. Mrs. Reilly stated that the silting problem associated with the Smoke Rise Circle development had been addressed by the developer and the pond was restored prior to the Boulder Brook development. Mrs. Reilly further commented that she had submitted pictures previously to the commission, which Mr. Berberat has seen, showing that the water coming in from the street is clear and the water from Mr. Berberat’s property is muddy and murky. A. Koehler questioned Mr. Berberat regarding the clearing of the brook by hand upstream of the forebay that never had been completed. Mr. Berberat stated that he thought the clearing had been done. A. Koehler stated that the commission is asking that the brook be cleaned out to the Reilly pond and the forebay be reconstructed according to the plans submitted by Harry E. Cole & Son and George Logan’s comments in his report. Mr. Bererat asked if he could get copies of pictures Mrs. Reilly had taken prior to the Boulder Brook development. J. Kaufman stated that he could attest to the clarity of the pond and the ducks and fish species living in the pond at that time. J. Kaufman also attested to the pond being cleaned by Mr. Beuasoleil after the Smoke Rise Circle development. A. Koehler stated that the pond didn’t have the sediment in it that it does today prior to the Boulder Brook construction. Mr. Berberat questioned whether the clean up should be entirely his responsibility. A. Koehler stated Mr. Logan was hired by the commission to make recommendations for remediation of the pond. Page 8 of the report indicates that the sediment in the brook was caused by the Boulder Brook development and that the forebay was not constructed according to the approved plan. Should Mr. Berberat want to dispute Mr. Logan’s comments, he should meet with Mr. Logan or hire his own environmentalist for a different opinion. A. Koehler stated that since construction of Boulder Brook is completed, clearing the stream from the bridge by hand and completing the forebay as originally designed should prevent any further sedimentation washing from Boulder Brook. Mr. Berberat asked if a site walk could be held to identify the pockets of sedimentation that need to be removed. The commissioners felt that the recommendations in the report should be followed. W. Donovan was asked to contact George Logan to see if he would be available to attend a site walk with the commission and Mr. Berberat. Tom Osowski of 91 Boulder Brook Court stated that he is a representative of the Boulder Brook community. Mr. Osowski asked when someone would be signing off on the remediation to say that the brook was clean. A. Koehler stated that if the sedimentation was removed and the forebay constructed as designed, Mr. Logan could sign off. J. Kaufman stated that the association would be responsible for ongoing maintenance. W. Donovan stated that maintenance of the forebay would become the Reilly’s responsibility. Mr. Berberat stated for the record that even after they are done you would still get sediment in the pond and he personally does not feel that they destroyed the pond. W. Donovan will contact Mr. Berberat, Mr. Osowski and the commissioners when he has an available date and time from Mr. Logan.
Enforcements:
a. Curtiss Water Gardens, 38 Union City Road. Placement of Wood Chips within the Wetlands. W. Donovan stated that he visited the site and all of the wood chips had been removed. The trails were not disturbed. J. Kaufman asked about the removal of debris from the original inlet of the drainage pipe behind the store. W. Donovan had not looked at that area but will recheck the pipe.
New Business:
a. Herminio Nunes, 41 Juggernaut Road. Application for a Shed within a Regulated Area. A. Koehler stated that a site walk was held on August , 2007. The commissioners discussed a new location for the shed with Mr. Nunes. J. Kaufman stated that Mr. Nunes was going to go before the Planning & Zoning for approval of the new location and possibly need a variance as well. Mr. Nunes would then come back to IWC with a new site plan. The only item in question was whether to have the concrete pad taken up or not. W. Donovan stated that he spoke with Mr. Nunes who indicated that he would wait for the ground to freeze before moving the shed.
W. Donovan stated for the record that Juliani & Associates, representing William Sima, did attend the last Zoning Board of Appeals meeting as suggested by the IWC to ask for relief from the minimum buildable area. The next ZBA meeting is September 25th and if the relief is granted, the applicant will return to the IWC for permission to dig the test pits for a septic system at 44 Williams Drive.
b. Jeremy August, 181 Union City Road. Application to Eliminate Pond and Restore Stream to Original Course. Jeremy August stated that the pond at this property has basically disappeared and the water pours off and ends up on the backside of his property. Mr. August would like to get rid of the dam to alleviate any liability and because it is no longer attractive. J. Kaufman stated that depending on the elevation of the dam to the stream below, he wouldn’t want water to drop off fast and cause erosion problems downstream. J. Kaufman asked if Mr. August, rather than just eliminating the dam, would consider adding a series of plunge pools to reduce the velocity of the water. Mr. August was agreeable to that suggestion. A. Koehler stated a site visit should be scheduled. Motion by C. Wentworth, seconded by S. Sackter to accept Application #11-07 of Jeremy August to eliminate the pond and restore the stream to its original course for property located at 181 Union City Road. Unanimous. A site walk was set for September 18, 2007 at 5:30 p.m. The commissioners were instructed to park on the right of way just to the left of the pond. W. Donovan noted that the property is located in an Acquifer Protection area, requiring Mr. August to notify the Connecticut Water Company and the Connecticut Health Department.
d. Applications Received After Filing of Agenda: None
Public Hearings: None
Public Participation: Greg Ploski, Clark Hill Road, stated that he lives diagonally across from Mr. August’s pond. Mr. Ploski stated that the elevation of the dam is approximately 15 feet and asked whether an engineering plan would be done. A. Koehler stated that the commission would need to do the site walk before commenting.
Land Use Inspector’s Report: C. Wentworth questioned a wall being constructed at the Finno Development property on Cook Road. W. Donovan will make a visit. C. Wentworth noted back filling of property behind the elderly housing on Scott Road beyond the cable fence. W. Donovan will check to see if the back filling is taking place in Prospect or Waterbury. S. Sackter asked if W. Donovan had heard anything on the as-built inspection for the detention pond at Prospect Estates. W. Donovan stated that he had not and would contact the property owners. S. Sackter stated that the stockpile of soil at the last house is still unprotected. He also asked about the storage building at 15 Mixville Road. W. Donovan stated that Mr. O’Rourke has been issued a cease and desist to remove the structure. Mr. Rourke has until September 26th to comply with the cease and desist order.
Motion by J. Kaufman, seconded by C. Wentworth to adjourn at 8:36 p.m. Unanimous.
Arnold Koehler
Chairman