Board Members Present: Stephen Sackter, Charles Wentworth
Alternate Members Present: Arnold Koehler & David Michaud (7:14)
Absent Members: John Kaufman, Stephen Mulhall &Charles Dorman (Alt.)
Others Present: Bill Donovan – Land Use Inspector & Diane Lauber – Clerk
Chairman S. Sackter called the meeting to order at 7:02 p.m. The meeting was taped. A. Koehler was seated for S. Mulhall and D. Michaud was seated for J. Kaufman.
Approval of Minutes: Minutes of February 25, 2008 were reviewed but a quorum wasn’t present for approval.
Communications:
1. Council of Governments of the Central Naugatuck Valley Reminder of Presentation on “Map Reading for Site Plan Review” on March 27, 2008.
2. State of Connecticut Department of Environmental Protection Status & Trends Report & Training Program Summary Report for 2004; Revised Training DVD.
3. Prospect Building Inspector’s Report – February 2008.
4. Southwest Conservation District Newsletter – “Soil and Water” Spring 2008.
5. University of Connecticut College of Agriculture & Natural Resources Brochure and CD re: Success of a Low Impact Development Project in Waterford, CT, and “Water Wheel” Brochure on Stormwater Management.
Old Business:
a. Peter Marlowe Forest Products, LLC, Salem & Spring Roads. Timber Harvesting within a Regulated Area on Property Owned by O & G Industries, Inc. The site walk scheduled for March 8, 2008 was cancelled due to inclement weather. A site walk was rescheduled for March 18, 2008 at 5:30 p.m. with a rain date of March 20, 2008 at 5:30 p.m.
Enforcements: a. Jeremy August, 181 Union City Road. Filling /Grading within a Regulated Area. Bill Donovan stated that he sent a letter to Jeremy August directing him to stabilize all of the disturbed areas. Jim Warren of Capital Heavy Hauling indicated to Bill today that he hoped to get going again this week with the stabilization controls. Bill also spoke with the Town Attorney today, who will send a letter to Mr. August regarding compliance. A. Koehler felt a time limit should be stated in the attorney’s letter giving until the end of this week for the work to be completed. Bill further stated that he spoke with the Naugatuck Inland Wetlands Officer who indicated that they would be scheduling a site walk for the property in Naugatuck.
New Business:
a. American General Investors, 50 Melissa Lane. Proposed Construction of Two Residential Homes within a Regulated Area. David Carson of OCC Design Consortium, LLC, represented the applicant and the property owner, Josephine M. Guastaferri. Mr. Carson stated that 50 Melissa Lane is a two-acre lot that was part of the “Matthew Hills South” subdivision. The original design of the subdivision showed the two acres as two one-acre lots however during the approval process of the subdivision the two lots were combined into one two-acre lot. Mr. Carson explained this was done based on septic testing but that he couldn’t justify the results that were on file with Chesprocott. Mr. Carson found that the testing that was done on the lot was not where it was shown on the subdivision map. All lots on this side of the street have pump septic systems along Melissa Lane. New testing was done with Chesprocott along the front portion of the two proposed lots. Mr. Carson stated that there is no problem with the septic testing on either lot. The two proposed new houses are 75 feet from the wetlands and as close to the road as possible. The wetlands are well defined. Mr. Carson reviewed the approved plans for the existing houses on either side of the proposed new homes. Mr. Carson stated that there doesn’t appear to be any actual impact to the wetlands. A. Koehler asked that the four corners of each of the proposed new homes be staked prior to the site walk. Mr. Carson stated that Chesprocott has verbally approved the plan and will provide a letter of approval after approval by the IWC and the Planning & Zoning Commission. Fees were set and paid in the amount of $255.00 and $30.00. Motion by C. Wentworth seconded by A. Koehler to accept Application #03-08 of American General Investors for two new homes on property located at 50 Melissa Lane as presented. Unanimous. A site walk was scheduled for March 18, 2008 at 4:30 p.m. with a rain date of March 20, 2008 at 4:30 p.m.
Public Hearings: None
Public Participation: Anthony Dorso, III, 33 Scott Road, stated that he met with Chairman S. Sackter and B. Donovan on Monday of this week to review cutting more trees than originally approved with Application #06-07. Mr. Dorso is proposing to clear additional trees and underbrush in the same area to allow for a larger lawn area around the future house. A “Supplemental Soils Report” from Henry T. Moeller, Soils Consulting Service, dated March 8, 2008 was submitted. Mr. Moeller states in the report that “there is no significant or measurable impact to the vegetation in the wetland soils.” B. Donovan asked if any of the trees being removed are within the wetlands. Mr. Dorso stated that all trees being removed are outside of the wetlands. S. Sackter stated that he and B. Donovan visited the site and verified that there is no further encroachment on the wetlands. The additional trees to be removed are within the area of the trees already marked and approved for removal. A. Koehler stated that he would like to keep some type of a buffer between the wetlands and the cleared area and felt that he should stop by and take a look at the area. Mr. Dorso stated that the commissioners were welcome to stop by and take a look. B. Donovan asked what was to be done with the trees being removed. Mr. Dorso stated that all blue dotted trees would go to the mill to be used for lumber, some for firewood and some for pallets. C. Wentworth asked about the staging area. Mr. Dorso stated that they would no longer be using his mother’s property but the actual driveway to the property. Mr. Dorso further stated that the area was a stable area for the heavy truck traffic. Motion by A. Koehler, seconded by C. Wentworth to amend Application #06-07 of Anthony Dorso, 20 Peter Gilkey Road, to allow for additional trees and underbrush to be removed as presented pending any additional conditions derived from the commissioner’s site visit on March 11th. Unanimous.
**Note: On the following day, March 11th, A. Koehler and C. Wentworth walked the area to be cleared of trees with Mr. Dorso. It was agreed that Mr. Dorso would establish a minimum 10-foot wide undisturbed buffer strip between the wetland boundary and any trees to be removed.
Land Use Inspector’s Report: The commissioners discussed a possible date to meet with the Town Attorney to discuss relative legal requirements and issues. Bill will check with the attorney for a possible special meeting on March 24th at 5:30 p.m. just prior to the next regular meeting. Bill stated that he will be meeting with the South Central Regional Water Authority on Thursday morning to look over the area at Tress Road and Cornwall Avenue where timber harvesting will be taking place. Bill stated that when SCRWA came in for an application, the forester brought up “permitted uses by rights”. As described in Section 4 of the Regulations, “farming” is permitted by right, meaning the use can be allowed within a regulated area without a permit. The State of Connecticut defines “forestry” as “farming” and therefore, a “forestry operation” can proceed as a matter of right without the need to obtain a local Inland Wetlands permit. Bill explained that because the SCRWA is performing selective cutting within a regulated area, a permit is not required. Clear cutting of timber not associated with the expansion of cropland, as is the case with Anthony Dorso on Peter Gilkey Road, would require IWC approval. Bill further stated that he asked the DEP about temporary bridge crossings and there is no clear decision regarding distinction between requiring a permit or not. The commissioners felt that consideration should be given to the IWC to have the operation explained as a courtesy. Bill suggested that the commissioners should keep the “permitted use by right” in mind when doing the site walk for the timber harvesting operation at the O & G Quarry.
Motion by C. Wentworth, seconded by A. Koehler to adjourn at 8:28 p.m. Unanimous.
Stephen Sackter
Chairman