Town of Prospect - Boards & Commission

Inland Wetlands Commission

APPROVED MINUTES
AUGUST 11, 2008

Board Members Present: Stephen Sackter, John Kaufman, Charles Wentworth

Alternate Members Present: David Michaud

Absent Members: Stephen Mulhall, Arnold Koehler (Alt.) & Charles Dorman (Alt.)

Others Present: William Donovan – Land Use Inspector & Diane Lauber – Clerk

Chairman S. Sackter called the meeting to order at 7:00 p.m. The meeting was taped. D. Michaud was seated for the vacant seat.

Approval of Minutes: Motion by C. Wentworth, seconded by D. Michaud to approve the minutes of the July 28, 2008 meeting as presented. 3 votes in favor/J. Kaufman abstained.

Communications:
1. University of Connecticut, College of Agriculture and Natural Resources “Journal” – Summer 2008.
2. Letter from David Radka of the Connecticut Water Company dated August 5, 2008 Re: Moody Reservoir Dam, #11503.
Bill Donovan stated that the letter from the Connecticut Water Company was a general letter that is sent annually advising that the Water Company will be doing maintenance work on the dam. The reservoir is located off of Straitsville Road.

Old Business:
a. Tesco Resources, 179 Union City Road. Reilly Pond Remediation. W. Donovan stated that Hank Berberat of Tesco Resources was to make restoration to the Reilly Pond, located at the intersection of Spring Road & Union City Road, by creating a fore bay with a dike and mucking out a significant amount of sedimentation around the fore bay. Mr. Berberat had a firm come in and do the work about two weeks ago following an engineered plan by Harry Cole and comments received from George Logan of REMA Ecological Services, LLC, regarding construction of the fore bay. Bill and the Reilly’s were extremely pleased with the work that was done. Bill visited the site this morning in anticipation of writing a letter stating the work is completed, but found that a small amount in the middle of the fore bay had washed out indicating that it is not completely stable. Bill spoke with Mr. Berberat who agreed to come back and stabilize the upper portion of the fore bay with heavier rocks or boulders. Bill indicated that this item should remain on the agenda for the next meeting with the hope that the work will be completed and the Commissioners could agree to allow a letter to be sent to Mr. Berberat stating that he has met the requirements. The commissioners agreed that the Reilly pond should be on the agenda for the next meeting. J. Kaufman asked if the sediment had been cleaned out in the area of the small brook that feeds into the pond. Bill stated that it had not been cleaned out, but that he would follow up with Mr. Berberat. C. Wentworth stated that he had visited the site today and asked for confirmation that the fore bay was constructed as recommended, stating it looked to be more of a dam. Bill stated that water is passing through the rocks and not holding back the water, the intent being to filter out the heavier sediments. There is also a filter fabric in place that will further restrict a good portion of the sediments. The original drawing of the design is in the file. The commissioners agreed it was disheartening to see the wash out and that using larger stones to stabilize should take care of this issue.

Enforcements:
a. Jeremy August, 181 Union City Road. Filling/Grading within a Regulated Area/Working within a Regulated Area without a Permit. Jim Warren, Capital Heavy Hauling, was in attendance representing Jeremy August. Mr. Warren submitted a remediation plan prepared by Land-Data Engineers dated 8/7/08 and a soils report prepared by Soil Science and Environmental Services, Inc. It was noted that the fees have been received for the application in the amount of $270.00 and $30.00. Mr. Warren stated that the engineer’s plan located the pond, the existing berm that was constructed to hold back overflow and the disturbed wetland area as noted in the soils report. The “Sequence of Construction” is included on the site plan. Mr. Warren further stated that as discussed at the site walk, when the work is started the soil scientist will be on site to do additional test pits in the area of the berm to determine if there are additional wetland soils. Mr. Warren reviewed the construction sequence with the commissioners. J. Kaufman questioned Mr. Warren regarding a pool area with a waterfall stating that he would like to see that area restored. J. Kaufman also noted that he had taken pictures of the area in question. Mr. Warren stated that his recollection of the area was that it was simply eroded out by heavy rain coming over the embankment and asked J. Kaufman if he could make the photos available in order to resolve this matter. B. Donovan questioned Mr. Warren regarding excavation of all fill materials over existing wetlands. Mr. Warren stated that fill materials would be removed only where noted in the existing plan and wherever the soils scientist identifies additional disturbed wetland areas during the remediation work. J. Kaufman asked if the site plan accurately locates the pond, where the dam is and the wetland boundaries. Mr. Warren stated the map is an accurate drawing based on the soil scientist’s findings. J. Kaufman questioned Mr. Warren regarding any proposed filling on the Naugatuck side of the property. Mr. Warren had no comment regarding the abutting Naugatuck property other than to state that when an application is presented to the Town of Naugatuck, the Prospect IWC will be notified. Mr. Warren stated that if the Prospect IWC approves Mr. August’s application, the work will be scheduled based on the availability of the IWC and the soil scientist. J. Kaufman asked Mr. Warren to indicate the area where the additional test pits will be dug on the map. The area was noted on the map, signed and dated by Mr. Warren. Mr. Warren also noted the pipe located under the graveled access way to be uncovered. Motion by C. Wentworth, seconded by J. Kaufman to accept Application #08-08 of Jeremy August for final grading of existing fill materials for property located at 181 Union City Road as amended to include the site plan prepared by Land-Data Engineers and soils report prepared by Soil Science and Environmental Services, Inc. 3 votes in favor/D. Michaud abstained. Motion Carried. B. Donovan asked if Jeremy August needed to be contacted to give authorization for the commissioners to be on his property during the remediation. Mr. Warren stated that as Mr. August’s agent, he would give permission for the commissioners to be on the property and that B. Donovan will be notified when the soils scientist is scheduled to be at the site. J. Kaufman stated he would try to locate the pictures taken of the pool/waterfall area in question and make the photos available. Motion by J. Kaufman, seconded by C. Wentworth to approve Application #08-08 of Jeremy August as presented by Jim Warren and shown on a plan entitled “Wetland Remediation Plan, Spring Road and Union City Road,” prepared by Land-Data Engineers dated 8/7/08 as amended 8/11/08 to note the area where test pits will be dug as needed for the soil scientist to locate additional disturbed wetland areas and the pipe located under the graveled access way to be uncovered, with the stipulations that W. Donovan be contacted when work is scheduled to allow commissioners to observe the natural grade with the soil scientist, the use of a suitable seed mixture to provide vegetation for sun and shade in any disturbed areas, the use of large boulders in any steep areas near the trees if more stabilization is needed and restoring the area of a large elevated pool to its natural state as indicated in photos supplied by J. Kaufman and work to begin as soon as it can be scheduled. 3 votes in favor/D. Michaud abstained. Motion Carried.

New Business:
a. Frederick Corporation, Lot 47 (26) Cambridge Drive. Proposed New House & Septic within a Regulated Area. Scott Volpe of the Frederick Corporation presented the application for a new home and septic system within a regulated area. W. Donovan had the original subdivision plan that was approved in 1998 with the wetlands approval for Lot 47 for comparison. Mr. Volpe stated that he is proposing to move the house closer to wetlands in an effort to cross balance the house more and make it look better on the site. Mr. Volpe noted that the site is sloped approximately 14-16 feet from west to east over an 80 foot area. The change would also shift the house further away from the neighbor. Proposed grading is 70 feet from any wetlands. J. Kaufman questioned Mr. Volpe on the types of soils. Fees were set and paid in the amount of $255.00 and $30. A site walk was scheduled for August 21, 2008 at 4:00 p.m. Mr. Volpe was instructed to stake out the proposed house, driveway and septic area prior to the site walk. Motion by D. Michaud, seconded by C. Wentworth to accept Application #09-08 of the Frederick Corporation for a house and septic system within a regulated area on property located at Lot 47 (26) Cambridge Drive. Unanimous.

b. Summit Woods, LLC, Lot 4. Amendment to the existing approved permit. Larry Farrell, of Clover Development, LLC, was in attendance to review the proposed modification for one additional regulated activity on Lot 4, Woodmont Estates Subdivision to relocate the house to be parallel with the road. An additional fee in the amount of $100.00 was paid. Motion by D. Michaud, seconded by C. Wentworth to accept the application for a modification to the approved Inland Wetlands Permit #10-06 for Woodmont Estates Subdivision for one additional regulated activity, a house, on Lot 4. Unanimous.

Public Participation: None

Land Use Inspector’s Report: None

Motion by D. Michaud, seconded by J. Kaufman to adjourn at 8:27 p.m. Unanimous.

Stephen Sackter
Chairman