Board Members Present: John Kaufman, Charles Wentworth, Stephen Mulhall & Stephen Sackter
Alternate Members Present: Arnold Koehler & David Michaud
Absent Members: Charles Dorman (Alt.)
Others Present: William Donovan – Land Use Inspector, Diane Lauber – Clerk
Land Use Inspector W. Donovan called the meeting to order at 7:00 p.m. The meeting was taped. W. Donovan called for nominations for Chairman. Motion by S. Mulhall, seconded by J. Kaufman to appoint S. Sackter as Chairman of the IWC. Unanimous. Chairman S. Sackter called for nominations for Vice Chairman. Motion by J. Kaufman, seconded by S. Mulhall to appoint C. Wentworth as Vice Chairman of the IWC. Unanimous.
Seating of Alternates: A. Koehler was seated to fill the vacant commission seat.
Approval of Minutes: Motion by A. Koehler, seconded by S. Mulhall to approve the minutes of the January 14, 2008 meeting as amended. 4 votes in favor/J. Kaufman abstained. Motion Carried.
Communications:
1. Letter dated January 15, 2008 from Mayor Robert Chatfield re: Updating Stormwater-Phase II for Stormwater Runoff.
John Kaufman stated he would be interested in representing the IWC for this update.
OLD BUSINESS:
a. Application #01-08 – Barbara Shoemaker, 44 Bayberry Drive. Proposed water garden within a regulated area. A site walk was held on January 26, 2008. A. Koehler stated that the commissioners had requested that the site plan be updated to show the location of the well and septic and that the applicant had complied with that request. An amended site plan was submitted for the record. A. Koehler stated that the proposed water garden is at least 20 feet from the wetlands. There will be no major excavation taking place. The rubber basin will mold itself to the area. Mr. Shoemaker was instructed to provide W. Donovan with a list of plants proposed for the water garden to ensure no invasive species will be used. Mr. Shoemaker was also instructed to use a “Filtrex” fabric sock or similar material for siltation control. The area to be stabilized was drawn on the map, dated and initialed by Thomas Shoemaker. Motion by A. Koehler, seconded by J. Kaufman to approve Application #01-08 of Barbara Shoemaker for a proposed water garden within a regulated area at 44 Bayberry Drive with the stipulation that siltation controls be put in place as shown on the site plan and W. Donovan be notified prior to the start of construction. Unanimous.
Enforcements:
a. Jeremy August, 181 Union City Road. Filling/grading within a regulated area. A site walk was conducted on January 19, 2008. Jeremy August acknowledged that he received a copy of the Cease & Desist letter from W. Donovan on Friday, January 26, 2008, but stated that he has not had time to prepare an application for the additional filling/grading work that has taken place at this property. Mr. August stated his intention was to clean up the area and prevent the overflow from the pond. No additional work has been done since the site walk. It is Mr. August’s contention that the area is a storm drainage area for the Town and feels that the Town is somewhat responsible for what needs to be done there. Mr. August asked what it is that the commission would like done. S. Sackter stated that Mr. August has not submitted an application for the work that has taken place. Mr. August and James Warren of Capital Heavy Hauling stated that the work being done is necessary to complete the berm requested by the commission. Mr. Warren also noted that at the site walk it was explained that he and Mr. August were not aware that the additional grading was actually within a regulated area. It was Mr. Warren’s understanding after the site walk that he would complete the berm, repair the silt fencing, stabilize the embankment and contact Land-Data Engineering and a soil scientist to do testing to delineate the wetlands and propose a plan for the additional grading. At that point an application can be submitted. J. Kaufman cited specific concerns with disturbed areas that he feels need to be stabilized. J. Kaufman stated that in addition to the berm the commission observed on the site walk a significant amount of filling in of what appears to be a tributary that feeds into the brook on the southwestern portion of the property. A. Koehler stated that a soil scientist would need to define where the wetlands and watercourses are. The commissioners agreed that the berm needed to be completed and stabilized as soon as possible. J. Kaufman asked if the fill brought in was tested. It was noted that W. Donovan had checked the fill and the commission had approved it. Motion by A. Koehler, seconded by C. Wentworth to continue the Cease & Desist order issued for 181 Union City Road except for (1) work necessary to complete and stabilize the berm and stabilize any other fill material brought on site and have that work completed by the end of next week and (2) have a soil scientist go on site to determine if there has been any filling of wetlands and/or watercourses and report to the Commission at the February 25, 2008 meeting. Unanimous.
New Business: None
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: W. Donovan stated that he sent a municipal citation letter to Mr. Nunes, 41 Juggernaut Road, regarding the shed that was to have been moved further from the pond or taken down noting that nothing has changed since last year’s site walk. Bill encouraged the commissioners to review the scheduled land use seminars from the Council of Governments of the Central Naugatuck Valley for 2008 and encouraged participation. Discussion was held regarding the “as-built” of the detention basin for Prospect Estates. It was agreed that a site walk should be scheduled to observe the detention basin’s current condition in comparison to the “as-built”. Bill presented the map of Timothy O’Rourke’s proposed storage building at 15 Mixville Road approved with his application, #19-05, and the plot plan attached to Mr. O’Rourke’s zoning permit. The structure’s actual location is not exact to the drawings on the map, but is more than 6 feet south of the canvas structure and entirely out of the wetlands in accordance with the Inland Wetlands permit conditions.
Motion by S. Mulhall, seconded by A. Koehler to adjourn at 8:55 p.m. Unanimous.
Stephen Sackter
Chairman