Board Members Present: Arnold Koehler, Charles Wentworth, Stephen Mulhall & Stephen Sackter
Alternate Members Present: none
Absent Members: John Kaufman, David Michaud (Alt.) and Charles Dorman (Alt.)
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 taped.
Approval of Minutes: Motion by S. Sackter, seconded by S. Mulhall to approve the minutes of the December 10, 2007 meeting as presented. 3 votes in favor/C. Wentworth abstained. Motion Carried.
Communications:
1. King’s Mark Resource Conservation & Development Council – Environmental Review Team Program.
2. Connecticut Federation of Lakes, Inc. – Newsletter for November 2007.
3. Letter dated December 18, 2007 from Mayor Robert J. Chatfield re: Budget Requests for 2008-2009.
4. Connecticut Department of Environmental Protection Memo dated December 10, 2007 re: 2007-1 Legislation and Regulations Advisory.
5. Building Inspector’s Report for December 2007.
OLD BUSINESS:
a. Reilly Pond, 179 Union City Road. Significant sedimentation in pond. A. Koehler stated Mr. Reilly requested that the work be put off until the Spring when it would be drier and less damage would be done to his yard. The commissioners had no problem with waiting for the drier season. W. Donovan recognized Jim Warren of Capital Heavy Hauling indicating that Hank Berberat of Tesco Rentals, LLC, had contacted Mr. Warren regarding the work that needed to be done at the Reilly pond. Mr. Warren stated that if the work wasn’t done within the next two to three weeks that he wouldn’t be able to do the work until after all of the heavy rains in April and May. Mr. Warren indicated that in another two to three weeks if the ground froze it might be a better time to do the work. A. Koehler stated the commission would check with Mr. Reilly and see what the weather does.
New Business:
a. Barbara Shoemaker, 44 Bayberry Drive. Proposed water garden within a regulated area. Thomas Shoemaker presented the application for a proposed water garden to extend 25 and 40 feet wide, 50 feet long and approximately 3 feet deep from an existing patio. Mr. Shoemaker stated that the water garden would not encroach into the wetlands at all. The back side of the water garden is approximately 20 feet from the wetlands. The Shoemakers would like to start construction in the spring. They are not expecting to have to do much excavation. Motion by S. Sackter, seconded by S. Mulhall to accept Application #01-08 of Barbara Shoemaker for a proposed water garden within a regulated area at 44 Bayberry Drive. Unanimous. C. Wentworth asked about the location of the septic system and the well. A. Koehler instructed Mr. Shoemaker to revise the site plan for the next meeting to show the location of the septic system and well. Mr. Shoemaker stated that the area has been staked. A site walk was scheduled for Saturday, January 26, 2008 at 8:00 a.m. Fees were paid in the amount of $140.00 and $30.00.
b. Jeremy August, 181 Union City Road. Filling/grading within a regulated area. A. Koehler stated that the commission had recommended that Mr. August create a berm along the southwest portion of the pond to prevent any further erosion and downstream sedimentation and to stabilize the berm for winter. A. Koehler submitted pictures taken by J. Kaufman showing Mr. August’s property and additional filling that is taking place and suggested that a Cease and Desist Order be issued to stop any additional filling with the exception of completion of the berm and stabilization for the winter. A. Koehler further suggested that a soils scientist should be consulted for remediation of the wetlands. S. Mulhall asked James Warren of Capital Heavy Hauling for a copy of the agreement made with Mr. August. Mr. Warren didn’t feel that the contract should be made part of the public record. Mr. Warren discussed the pictures with the commission. Jeremy August explained the sequence of work that has taken place on his property. Mike Rollo, 6 Spring Road described drainage that flows onto his property from a neighboring property, Spring Road and the pond. Mr. Warren stated that he tested the pond in the presence of W. Donovan and noted that the pond is actually just a sediment trap. Mr. Warren presented a detailed drawing showing where the testing was done. The date of the testing was January 10, 2008. Mr. Warren further stated that the area filled in was not a wetlands area but a drainage ditch for the Town and that construction of a berm is just a temporary fix; it will only be a matter of time before the berm will have to be reconstructed again. Mr. August stated his opinion that the Town is responsible for the gravel and silt that has gone into his pond and continues to go into the pond and the commission should cite the Town for illegally dumping material into his pond. A. Koehler asked if anyone recollected whether the Town had built the pond as a retention basin. No one knew. Mr. August stated that his original intent was to get rid of the dam and do what is necessary to make the drainage flow uninterrupted through his property. Mr. August would be glad to have the commission do a site walk, but if he is forced to remediate he feels the Town should be responsible. A. Koehler reiterated that Mr. August should cease all filling activity except the completion of the berm. Mr. August stated that they are not working within 100 feet of the pond. W. Donovan explained that the filling being done on the common driveway portion of his property is within 100 feet of a watercourse. W. Donovan further stated that he had told Mr. August that he needed to present the IWC with an application for the work being done within an upland review area, however Mr. August has not submitted that application. Mr. August restated that he wants to get rid of the pond and feels that the Town is responsible. A. Koehler stated that if Mr. August wants to get rid of the pond he needs an engineered plan to show how it will be done. W. Donovan stated that he had spoken with Chris Allen of Land-Tech Engineering who stated that an engineering work up would definitely be required to eliminate the pond. Motion by S. Sackter, seconded by S. Mulhall to issue a Cease and Desist order for 181 Union City Road for all work taking place within the upland review area until an engineered plan is presented with the exception of completion and stabilization of the berm and repair of the silt fencing placed between the berm and the edge of the pond. Unanimous. A site walk was scheduled for Saturday, January 19, 2008 at 9:00 a.m. W. Donovan will go with S. Mulhall and possibly S. Sackter on Friday, January 18, 2008 at 10:00 a.m. Mr. August stated that he doesn’t want anyone on his property without his knowledge. Mr. August would also like a copy of the photos submitted this evening.
c. 2008-2009 Proposed Budget. W. Donovan stated that Mayor Chatfield would like proposed budgets submitted by early February 2008 and presented the commission with the 2007-2008 adopted budget amounts and the expenditures to 12/31/07. Maps were not included in the current year’s budget. The commissioners discussed required engineering fees mentioning that the new regulations allow the commission to charge fees to capture money needed for engineering fees. It was suggested that the proposed budget request indicate that fees are collected to pay for engineering fees. Motion by S. Sackter, seconded by C. Wentworth to submit the proposed 2008-2009 budget request as discussed. Unanimous.
Enforcements: None
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: W. Donovan commented on correspondence received from the State explaining that there is new legislation allowing the IWC to require applicants to notify abutting property owners of a pending application by certified mail if the commission chose to do so. W. Donovan further stated that it would have to be made a part of the IWC regulations. A. Koehler asked that a copy be given to each commissioner for the next meeting. Bill stated that he received the “as-built” for Prospect Estates subdivision. Mr. Nunes on Juggernaut Road has not poured a concrete slab yet for relocation of his shed. C. Wentworth questioned Bill on the bond issue raised by D. Michaud at the last meeting. Bill stated that the Town Attorney responded that a bond is normally only for work that the applicants want to do. The commission wouldn’t require a bond to cover an enforcement issue, it would become a cease and desist with fines being imposed if necessary. Mr. O’Rourke on Mixville Road has poured a foundation but not where he was permitted. This is at a new location further from the wetlands, however, the commission is concerned that the foundation may be for an additional structure. A. Koehler stated he should come in with a site plan change. C. Wentworth noted an error in the new regulations on page 31 with regards to the number of copies required to be submitted by applicants. The regulations state “six (8) copies” are to be submitted. C. Wentworth asked which is the correct number, six (6) or eight (8). The correct number is eight (8).
Motion by C. Wentworth, seconded by S. Sackter to adjourn at 8:30 p.m. Unanimous.
Arnold Koehler,
Chairman