Board Members Present: John Kaufman, Stephen Mulhall & Stephen Sackter
Alternate Members Present: Arnold Koehler & David Michaud
Absent Members: Charles Wentworth & Charles Dorman, Alt.
Others Present: Diane Lauber – Clerk
Chairman S. Sackter called the meeting to order at 7: 00 p.m. The meeting was taped. A. Koehler was seated for C. Wentworth and D. Michaud was seated for S. Mulhall.
Approval of Minutes: Motion by A. Koehler, seconded by J. Kaufman to approve the minutes of the January 28, 2008 meeting as amended. Unanimous.
Communications:
1. State of Connecticut Department of Environmental Protection 2008 Municipal Inland Wetland Commissioners Training Program.
2. State of Connecticut Department of Environmental Protection – Pesticide Management Program Memo Dated February 1, 2008 re: Aquatic Pesticide Permit Applications.
3. Connecticut Association of Wetland Scientists Registration for the Annual Meeting.
4. Connecticut Association of Conservation and Inland Wetlands Commissions, Inc., “The Habitat” Fall 2007.
5. Connecticut Audubon Society 2008 Edition of the “Connecticut State of the Birds” Report.
6. Prospect Building Inspector’s Report – January 2008.
Old Business: None
Enforcements: Discussed after new business.
New Business:
a. Peter Marlowe Forest Products, LLC, Salem & Spring Roads. Timber Harvesting within a Regulated Area on Property Owned by O & G Industries, Inc. Peter Lesmerises of Peter Marlowe Forest Products, LLC, was in attendance. Mr. Lesmerises described the proposed selective harvesting of timber covering approximately 15 acres. The trees have been marked, a vernal pool has been identified on one corner of the property and there is one proposed stream crossing that looks to have been used in the past possibly as a trail. The area is stoned and Mr. Lesmerises is proposing to place logs side by side transversely to make a road surface on either side of the portable logging bridge in order to access and remove timber on the opposite side of the brook. In Mr. Lesmerises opinion it is a seasonal brook that runs through the area. Mr. Lesmerises stated that the work is being proposed as soon as there are dry conditions, probably in a couple of months. J. Kaufman asked about the vernal pool area. Mr. Lesmerises stated that the vernal pool is approximately 150 feet in diameter and that they would be harvesting within approximately 50 feet of the vernal pool. Mr. Lesmerises further stated that 50% of the trees in that area would be retained. J. Kaufman mentioned that if too many trees were removed the breeding season could suffer. A. Koehler asked what type of mulch would be used upon completion of the logging operation. Mr. Lesmerises stated they would be using old farmer’s hay, not wood chips and if the season is right a conservation mix will be put down as well. J. Kaufman asked how the vernal pool would be defined. Mr. Lesmerises stated that he is not a soil scientist and therefore, the vernal pool has not been flagged but the trees being harvested are marked. J. Kaufman asked that the vernal pool be marked prior to a site walk. Mr. Lesmerises stated that he would mark the vernal pool as best he could. Mr. Lesmerises then described the timber portable bridge for J. Kaufman stating that the corduroy used on either side would remain intact. The tree species being removed are primarily oak. Fees were set and paid in the amount of $240.00 and $30.00. Motion by A. Koehler, seconded by D. Michaud to accept Application #02-08 of Peter Marlowe Forest Products, LLC, for selective harvesting of timber within a regulated area on property owned by O & G Industries, Inc., located at Spring & Salem Roads as presented. Unanimous. A site walk was scheduled for March 8, 2008 at 8:30 a.m. The commissioners will meet at the corner of Salem & Spring Roads.
Enforcements:
a. Jeremy August, 181 Union City Road. Filling/Grading within a Regulated Area. A. Koehler stated that the ground at the site is not frozen and he should be forced to finish the berm and get a cover on it and the fill on the southwest portion of the property. J. Kaufman agreed that anything that has been disturbed must be covered. S. Sackter stated that on a recent site visit Jim Warren, Capital Heavy Hauling, stated that the berm is in place and he wants to put down topsoil before stabilizing the area. The commissioners were concerned that the topsoil may wash away and stated that Mr. Warren should just stabilize the area now and in the Spring put down topsoil and seed it. J. Kaufman reminded the commissioners that Mr. August was given a timeline of two weeks to finish this work. It’s now been a month and the work is still not finished. The commissioners want Bill Donovan to contact the Town Attorney to discuss enforcement through a monetary fine. J. Kaufman stated that Mr. August has not complied with the enforcement order and that the filling/grading that has taken place on the southwest portion of the property is a blatant violation of the regulations. J. Kaufman feels that if Mr. August doesn’t supply the information requested at the last meeting regarding a soil scientist report, that the commission should hire a soil scientist to get the information and charge Mr. August the cost. A. Koehler stated that Bill Donovan would need to check with the Town Attorney to see if the commission could charge Mr. August because when a violation is suspected, the burden of proof falls on the commission. The commissioners agreed that the immediate issue is to get the bare soil at the berm and the southwest side of the property stabilized with a staked erosion control blanket. J. Kaufman stated that Bill Donovan should send a letter to the Town of Naugatuck informing them of the enforcement actions regarding the violations occurring within 500 feet of the town line in case they want to do something more about it.
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: Bill Donovan was not in attendance. S. Sackter suggested that a site walk be set for Prospect Estates Subsdivision to allow newer commission members the opportunity to become familiar with the subdivision. J. Kaufman also stated that the commission should ensure that the “as built” for the detention basin is compared to what is there. A site walk was scheduled for March 8, 2008 at 9:30 a.m. Bill Donovan will be asked to contact Larry Beausoleil regarding the site walk.
Motion by A. Koehler, seconded by D. Michaud to adjourn at 7:58 p.m. Unanimous.
Stephen Sackter
Chairman