Board Members Present: Stephen Sackter, Charles Wentworth
Alternate Members Present: David Michaud
Absent Members: John Kaufman, Stephen Mulhall, Arnold Koehler (Alt) & Charles Dorman (Alt).
Others Present: Diane Lauber – Clerk; Bill Donovan, Land Use Inspector/Agent IWC.
Chairman S. Sacker called the meeting to order at 7:02 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 June 23, 2008 minutes as presented. Unanimous.
Communications: (1) Letter from Attorney Jennifer Yoxall, Carmody & Torrance, LLP to Prospect Town Council citing the legal authority to create a Town Ordinance that would allow the Inland Wetlands Commission to impose fines for violations of the regulations; (2) Town of Prospect, Building Inspector’s Report - June 2008; (3) Connecticut Association of Conservation and Inland Wetlands Commissions membership application for fiscal year July 1, 2008 –June 30, 2009, and their monthly publication “Habitat”.
Old Business:
a. Tesco Resources, 179 Union City Road. Reilly Pond Remediation, 179 Union City Road. Hank Berberat was not in attendance. Bill Donovan advised the Commission that Mr. Berberat has contracted with “Advanced Paving and Excavating” to go forward with the Reilly’s pond restoration project as initially proposed by David Hughes of Harry & Cole & Son with additional comments from George Logan of REMA, Inc. The work is scheduled to begin on Monday, August 4th. S. Sacker questioned if the removed soils would be de-watered on site before being trucked off site. B. Donovan would verify how the soils will be removed. C. Wentworth asked Bill to contact him when the work is being done.
Enforcements:
a. Jeremy August, 181 Union City Road. Filling/Grading within a Regulated Area and Working within a Regulated Area without a Permit. Mr. August was not in attendance. James Warren of Capital Heavy Hauling represented Mr. August. He presented a letter from Mr. August authorizing Mr. Warren to represent Mr. August at the July 28th meeting. Mr. Warren stated Land-Data Engineers is preparing a plan for the remediation of the wetlands at 181 Union City Road and will have the plan completed before the next Commission meeting on August 11th. Mr. Warren also presented a letter from Land-Data acknowledging their intent to have the plan finalized by August 11th. Mr. Warren stated a new soils report, prepared as a result of the comments made by commission members at the June 19th site walk, has been prepared by their soils scientist. Land-Data Engineers has a copy of that report. Mr. Warren stated he will bring checks for both the application fee and State fee to Bill Donovan. S. Sackter directed Bill to keep Attorney Yoxall advised of the status of this enforcement action.
New Business:
a. Kyle & Julie Alexander, 119 Scott Road. Filling Lawn Area within a Regulated Area. Bill Donovan stated he mailed a letter and application to the Alexanders advising them that they would need to complete and submit an application with a plot plan detailing the area of their lawn they intend to fill. He has not received any response from the Alexanders at this time.
b. Greg Ploski, 99 Union City Road. Review of proposed Industrial Subdivision. Mr. Ploski presented a letter from Linda M. Ploski, Trustee for G. & G. Trust, as a property owner of 99 Union City Road to act on her behalf in any matter relating to this property. Mr. Ploski stated he has submitted an application to the Planning & Zoning Commission for a proposed 5-lot Industrial Subdivision. He described the wetlands and brook being located on the southern boundary of the property running parallel to Salem Road. His proposed plan does not show any intrusion into the Inland Wetlands or upland review area. The plan is for a mapped property division only at this time. As the lots are sold and developed, any future proposed industrial use that falls within an upland review area or may otherwise have a potential impact on the watercourse or wetlands as determined by the commission would require an Inland Wetlands Permit. Mr. Ploski requested a letter be submitted from either the Commission or their agent to Planning & Zoning prior to his September 6th Public Hearing acknowledging Mr. Ploski’s presentation of the proposed subdivision to Inland Wetlands and any additional comments the Commission would like to include. Mr. Ploski stated any woodland clearing activities that have taken place on the property are at least 150 feet from wetlands.
Chairman Sackter noted that Clover Development, LLC, Lot 4 Woodmont Estates for a plan revision to adjust the location of a proposed house was not placed on the agenda as decided at the June 23rd meeting. He made a motion to add Clover Development to tonight’s agenda for the purposes of discussion on the proposal. Seconded by D. Michaud. Unanimous. Bill Donovan stated it was his initial understanding that the realignment of the house would not create an additional regulated activity. However, when he reviewed the approved subdivision plan he noticed the original house location is not located within the regulated area (75 feet at that time). But when the house is realigned as proposed, it places a portion of the house within a regulated area (less than 75 feet). Bill recommended that Clover Development submit an application to modify their approved Inland Wetlands permit for Woodmont Estates to add an additional regulated activity (House on Lot 4). The commission agreed.
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: Bill reported he visited the Andrew’s property at 5 Spring Road to check on the progress of re-grading the slope back from the wetlands and installation of a dry well for the pool. Mr. Andrews has made minor progress; however he understands the amount of work involved and is going to look into getting a contractor with the right equipment to complete the project. Bill also mentioned that he has mailed a letter and application to the Alexanders, 119 Scott Road (see “New Business”). Under general discussion, Dave Michaud presented a copy of a legal notice in a recent issue of the Naugatuck Citizen’s News pertaining to Naugatuck’s proposed Inland Wetlands Ordinance that allows their Inland Wetlands Commission to issue fines for wetlands violations. Dave felt it might be a helpful resource to refer to as Prospect goes forward with a similar ordinance. C. Wentworth asked if Toll Brothers has been posting Inland Wetlands markers. Bill said none at this time. C. Wentworth also mentioned construction on Scott Road that looks to be within a regulated area.
Motion by D. Michaud, seconded by C. Wentworth to adjourn at 8:05 p.m. Unanimous.
Stephen Sackter
Chairman