Board Members Present: Stephen Sackter, Charles Wentworth & Stephen Mulhall
Alternate Members Present: Arnold Koehler & David Michaud
Absent Members: J. Kaufman & Charles Dorman (Alt.)
Others Present: Bill Donovan – Land Use Inspector & Diane Lauber – Clerk
Chairman S. Sackter called the meeting to order at 7:02 p.m. The meeting was taped. A. Koehler was seated for the vacant seat and D. Michaud was seated for J. Kaufman.
Approval of Minutes: Motion by A. Koehler, seconded by C. Wentworth to approve the minutes of the March 24, 2008 meeting as amended. Unanimous.
Communications:
1) University of Connecticut Land Use Academy – Notice of Training Program.
2) Referral dated April 14, 2008 from the Borough of Naugatuck Inland Wetlands Commission re: Application IW#08-03 of Capital Heavy Hauling, LLC, for a Proposed Industrial Park.
3) Pictures Submitted by Ken Faroni of O & G Industries, Inc., showing the Logging Operation at Spring & Salem Roads.
4) Connecticut Association of Conservation & Inland Wetlands Commissions, Inc., “The Habitat” – Winter 2008.
A. Koehler felt that a copy of the plans for the Naugatuck IWC application should be requested. Jim Warren of Capital Heavy Hauling, LLC, was in the audience and stated that his application will be a two part application. The current application before the Naugatuck IWC is just for a brook crossing in Phase I that is not within 500 feet of the Prospect town line and therefore the Prospect IWC is not allowed to attend this site walk. Mr. Warren further stated that there will be a full set of new plans for Phase II and that the Prospect IWC will be invited to attend that site walk.
Old Business: None
New Business:
a. Arthur & Carisa Hammond, 52 Plank Road. Filling within a regulated area. Arthur Hammond presented the application for filling in of approximately 1,300 square feet of rocky areas on his property in order to establish a yard. Mr. Hammond estimated that 65 yards of fill would be brought on site. A. Koehler asked Mr. Hammond to show the house location on the site map before the next meeting. Fees were set in the amount of $140.00 and $30.00. Motion by A. Koehler, seconded by D. Michaud to accept Application #05-08 of Arthur & Carisa Hammond for filling within a regulated area at 52 Plank Road. Unanimous. A site walk was scheduled for May 6, 2008 at 6:00 p.m. with a rain date of May 7, 2008 at 6:00 p.m. Mr. Hammond stated that he would install silt fencing and is planning to loam and seed the filled in area. C. Wentworth noted that the area would also need to be hayed. Erosion controls will be discussed at the site walk and stipulated with any approval.
Enforcements:
a. Jeremy August, 181 Union City Road. Filling/Grading within a Regulated Area/Working within a Regulated Area without a Permit. S. Sackter noted for the record a letter dated April 10, 2008 sent from the Town Attorney to Jeremy August regarding the Cease and Restore order. Jeremy August was in attendance and submitted a letter dated April 28, 2008 to Capital Heavy Hauling from Thomas Pietras, a registered professional soil scientist with Soil Science and Environmental Services, along with a sketch map of inland wetland, watercourses and soil types identified on April 22 & 23, 2008 by Mr. Pietras. Also submitted was an application for final grading of existing earthen fill materials to be covered with loam, heavily seeded and covered with an erosion control device. A. Koehler stated he would like to schedule a site walk to see what was flagged. C. Wentworth agreed. S. Mulhall asked for a detailed report regarding the entire investigation. A. Koehler asked if the soil scientist could attend the site walk. Jeremy August stated that he has been trying to satisfy the commission but feels that the commission continues to ask for more. Mr. August stated he had invited the Chairman to attend a meeting with the soil scientist this morning, he has submitted the soil scientist’s report and an application. Mr. August would like to top off the areas of concern with loam, seed, stabilize and be done with it. He has no plans for the back portion of the property. His original intent was to get rid of the dam. Mr. August agreed to a site walk in a final effort to have the commission point out the problems and he would be willing to address them. S. Sackter stated that the commission has been asking for a professional site plan from the initial stages of enforcement and still has not received one. A. Koehler stated his concerns that the rear of the property near the Naugatuck town line had received a lot of fill and that was the reason the commission requested that a soil scientist delineate the wetlands. A. Koehler would like to have the soil scientist at the site walk to answer questions the commissioners may have. Mr. August stated that the soil scientist expressed a willingness to meet with the commissioners and the commissioners agreed that Mr. August could let Bill Donovan know what would be a good time for Mr. Pietras, preferably after 4:30 p.m. on a day prior to the next meeting. Bill will contact the commissioners with the date and time. C. Wentworth asked Jim Warren if the survey was finalized to show the property line between the Naugatuck property and Mr. August’s property. Mr. Warren stated that he doesn’t have an A-2 survey yet, just a Class D survey. B. Donovan asked that the minutes note an acknowledgement that an application has been received as filled out by Mr. August, but not accepted. The commissioners will vote at the next meeting to accept the application and then it is up to the applicant to provide the information requested within 65 days. A. Koehler stated that the commission could request a map showing the soils and filled areas from the soil scientist.
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: S. Sackter stated that he had spoken with Christine Hinckley, Matthew Street, who stated that the curb has not been put in by Mr. LaChance at 483 Matthew Street as directed by the IWC. B. Donovan stated that technically all permits are issued with a 5-year time frame for completion of work and unless a different time line was specified with the permit, Mr. LaChance has five years to complete construction. The commissioners directed B. Donovan to send a letter to Mr. LaChance stating that since it is causing problems with the Hinckley property, the commission is requesting that the curbing be put in as soon as possible. C. Wentworth asked that Mrs. Hinckley be sent a copy of the letter. A question was raised regarding trucks being power washed at Greg Ploski’s property on Union City Road across from the industrial park because the property is within an aquifer protection area. The complainant was concerned with what is being flushed into the ground. B. Donovan will follow up on this with the Planning & Zoning Commission. B. Donovan stated that he was made aware of filling taking place at 5 Spring Road. Bill noted that an above ground pool and connecting deck were constructed without any permits. The homeowner was sent a letter stating an application with a site plan needs to be submitted. Bill also stated that he spoke with the Chairman of the Town Council regarding a fine ordinance for the IWC. C. Wentworth asked about the bond for the property at Laura Avenue and Union City Road as the property is up for sale. Bill stated that a bond has not yet been filed, but that when the property is sold the permit would need to be transferred and the new owner would be notified that a bond has to be in place before any construction begins. Discussion was held on the removal of the weir at the detention basin at Prospect Estates. A. Koehler stated that the work would need to be done during a dry period. S. Sackter stated that Land-Tech should be contacted to compare the “as-built” to the approved site plan to ensure the detention basin is completed as it was approved. C. Wentworth asked that the weir not be touched until Land-Tech considers every aspect of the detention pond.
Motion by A. Koehler, seconded by C. Wentworth to adjourn at 8:33 p.m. Unanimous.
Stephen Sackter
Chairman