Board Members Present: Stephen Sackter, John Kaufman, Charles Wentworth & Stephen Mulhall
Alternate Members Present: David Michaud
Absent Members: 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 7:02 p.m. The meeting was taped. D. Michaud was seated for the vacant seat.
Approval of Minutes: Motion by S. Mulhall, seconded by C. Wentworth to approve the minutes of the May 12, 2008 meeting as presented. 4 votes in favor/J. Kaufman abstained. Motion Carried. A brief discussion was held on abstentions.
Communications:
1. Connecticut Wildlife Magazine – May/June 2008.
2. College of Agriculture and Natural Resources “Journal” – Spring 2008.
Old Business:
a. Application #06-08 – Jeffrey Andrews, 5 Spring Road. Pool, deck and fill within a regulated area. Jeffrey Andrews was in attendance. Chairman S. Sackter stated that a site walk was held on May 19th and that the commissioners found that the filling that took place resulted in a steep banking towards the wetlands and needs to be re-graded with a 2-1 slope. W. Donovan stated that in his opinion Mr. Andrews needs to rake out the area to pull back a lot of rocks and terrace the slope as best he can. It was noted that there is no dry well for the above-ground swimming pool. Discussion was held on the installation of a dry well. S. Sackter stated that the pool was installed three years ago and is on stable ground. The commissioners agreed that Mr. Andrews should re-work the steep slope to a gradual slope with no more than a 2-1 grade, cover with topsoil, seed and stabilize the area. J. Kaufman stated that measurements needed to be taken and recorded in the file prior to re-working the steep slope in order to have reference points for the future. It was noted that Jim Warren of Capital Heavy Hauling had brought the fill onto this site and this is the second time in this area that he had done so without a permit. S. Sackter stated that an additional regulated activity fee is due from Mr. Andrews for the pool in the amount of $100.00. Mr. Andrews stated that W. Donovan could take measurements with the Chairman in order to record reference points. Mr. Andrews also stated that he could place rocks at the bottom of the slope near the silt fencing. Motion by J. Kaufman, seconded by S. Mulhall to approve Application #06-08 of Jeffrey Andrews, 5 Spring Road, for a pool and fill within a regulated area with the stipulation that an additional $100.00 fee be paid for the second regulated activity (pool), the steep slope will be re-graded with no more than a 2-1 slope with the placement of stones at the tow of the slope, the filled area will be covered with topsoil, grass seed and stabilization controls and a 6’ X 6’ crushed stone dry well with a perforated pipe for the discharge pipe to go into (preferably in the center) or equivalent be installed for the above-ground pool discharge. Unanimous.
Enforcements:
a. Jeremy August, 181 Union City Road. Filling/Grading within a Regulated Area/Working within a Regulated Area without a Permit. W. Donovan stated that he has spoken with the Town Attorney and Jeremy August’s attorney regarding a possible site walk with a soils scientist on June 19, 2008 at 4:30 p.m. The commission had requested a complete soils report and a meeting on site with the soils scientist to determine what impact the filling has had on the wetlands. Bill stated that Mr. August’s attorney is trying to accommodate the commission’s request.
New Business:
a. GAMA Developers, 278 Cheshire Road. Pre-application review for earth excavation project requiring re-location of intermittent watercourse. S. Sackter stated that this is an informal review for an opinion and feedback from the IWC regarding the proposed project. Paul Lavallee, professional engineer with DyMar, represented the applicant. Mr. Lavallee stated the property is located along Route 68 at the Cheshire/Prospect town line and surrounds Senor Panchos Restaurant. The applicant would be proposing some form of elderly community or age-restricted development on approximately 15.9 acres of the property located in Prospect currently zoned RA1. A soils scientist report was provided and the wetland areas noted on a plan entitled “Schematic Subdivision Layout Showing Proposed Sanitary Sewer Main Extension on Property of Peter & Sia Skabardonis” dated Nov. 20, 2001. Photos of the wetland areas noted on the plan were also submitted. Mr. Lavallee stated the wetlands and watercourse located on the westerly boundary of the property would not be affected or impacted with the development of the property. Mr. Lavallee noted that Chris Allen of Land-Tech Consultants, Inc., was in attendance to answer any questions regarding the soils report and re-stated that they are looking for feed back from the commission regarding the relocation of two upland wetland trenches. Chris Allen described these wetlands as glacial till and outwash soils resulting from up-gradient drainage including road runoff from Tress Road. J. Kaufman questioned Mr. Allen regarding this area being important for groundwater recharge. Mr. Allen stated that this area would be considered a recharge area. The commissioners noted other drainage concerns and gave comments regarding the feasibility of a project of this nature which would be a part of the taped record for future reference. It was determined that the commission would be receptive to accepting an application to relocate the upland wetland trenches as described.
b. Gerald & Joanna Mays, 18 Lee Road. Garage, deck & shed within a regulated area. Gerald Mays was in attendance and presented the application for a deck, shed and 2-car detached garage. A site walk was scheduled for June 19, 2008 at 4:00 p.m. Motion by C. Wentworth, seconded by S. Mulhall to accept Application #07-08 of Gerald & Joanna Mays, 18 Lee Road for a garage, deck and shed within a regulated area with fees to be determined after the site walk. Unanimous.
c. Clover Development, LLC, Lot 4 Woodmont Estates. Relocation of house within a regulated area. Roland Desrosiers representing Clover Development and Manager of Clover Development, Larry Farrell presented a revision for the location of the proposed house on Lot 4 of the Woodmont Estates Subdivision. Mr. Desrosiers explained that, at the request of the prospective purchaser, the house would now face the road with a side entry garage making the northwest corner of the house 83 feet from the wetlands and the southwest corner of the house 58 feet from the wetlands. The commissioners agreed that the revision did not require a new application and that there would be no significant additional impact to the wetlands. Motion by J. Kaufman, seconded by S. Mulhall to accept the proposed revision to Application #10-06 of LTF Builders, LLC, to adjust the location of the house on Lot 4 to be closer to the wetlands but with no significant additional impact to the wetlands as shown on “Plot Plan of Lot #4 – Woodmont Estates” dated June 6, 2008. Unanimous.
d. Anthony & Shawna Dorso, 30A Scott Road. Septic system within a regulated area. The applicant’s engineer, Paul Bunevich of Land Data Engineers, presented an application to relocate a previously approved house and driveway proposed for 30A Scott Road (Application #06-07). The new plan would move the house outside of the regulated area and the septic system within the regulated area. Chesprocott has granted approval for the new location of the septic system. The driveway is still within a regulated area however, Mr. Bunevich stated there is no additional impact from what was originally approved. The primary septic system would now be located 66 feet from the wetlands and the reserve area 54 feet from the wetlands. A pump system would be required for the new location. J. Kaufman asked if there was a defined watercourse on that side of the property noting his concern if there is moving water nearby. Mr. Bunevich stated it is not a large drainage area and that there is no moving water. When asked why the plan was being changed, Anthony Dorso stated that the original proposal would have placed the house 25 feet from the neighbors’ horse corral. The revision would move the house further from the barn thereby helping to keep animal odors from emanating into the house. Motion by D. Michaud, seconded by S. Mulhall to accept the proposed revision to Application #06-07 of Anthony & Shawna Dorso III, 30A Scott Road to change the location of the proposed house and septic system as shown on his “Site Plan for Proposed Dwelling, Scott Road, Prospect, Connecticut,” dated June 5, 2008 and waive the fee. Unanimous. e. Kyle & Julie Alexander, 119 Scott Road. Filling lawn area within a regulated area. Kyle Alexander was in attendance and stated that he was appearing informally before the commission to discuss the possibility of extending the back portion of the property. Mr. Alexander stated that the property off of the west corner of his house extends 25 feet and then is sloped with crushed stone that goes 13 feet down and borders the gas line. Mr. Alexander is proposing to fill and level to extend the back yard 5 to 8 feet in order to make the area more useable for his family. W. Donovan referred the commissioners to Section 4 in the Regulations, “Permitted Uses as Right and Non-regulated Areas”, suggesting that Mr. Alexander’s request could possibly be interpreted by the commission as “reasonable maintenance of the property” and therefore would not require a formal application. The commissioners agreed that S. Sackter and J. Kaufman would visit the site and determine whether a formal application should be submitted.
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: None
Motion by S. Mulhall, seconded by D. Michaud to adjourn at 9:12 p.m. Unanimous.
Stephen Sackter
Chairman