Board Members Present: Stephen Sackter, John Kaufman, Charles Wentworth & Stephen Mulhall
Alternate Members Present: Arnold Koehler & David Michaud
Absent Members: Charles Dorman (Alt.)
Others Present: William Donovan – Land Use Inspector, Diane Lauber – Clerk
Chairman S. Sackter called the meeting to order at 7:01 p.m. The meeting was taped. A. Koehler was seated for the vacant seat.
Approval of Minutes: Motion by A. Koehler, seconded by S. Mulhall to approve the minutes of the February 25, 2008 meeting as amended. 4 votes in favor/C. Wentworth abstained. Motion Carried. Motion by C. Wentworth, seconded by A. Koehler to approve the minutes of the March 10, 2008 meeting as amended. 3 votes in favor/J. Kaufman and S. Mulhall abstained. Motion Carried.
Communications: None
OLD BUSINESS:
a. Application #02-08, Peter Marlowe Forest Products, LLC, Salem & Spring Roads. Timber harvesting within a regulated area on property owned by O & G Industries, Inc. A site walk was held on March 18, 2008 at 5:30 p.m. Peter Lesmerises of Peter Marlowe Forest Products was in attendance. D. Michaud stated that he and Bill Donovan were at the site walk and confirmed that this would be a selective harvesting operation. D. Michaud and B. Donovan observed the area of the proposed temporary bridge crossing and Mr. Lesmerises described the sedimentation controls that would be implemented. D. Michaud stated that he looked at the vernal pool and there was water in it. There were some nearby trees selected for harvesting but in D. Michaud’s opinion it didn’t seem that there would be an impact on the vernal pool. Mr. Lesmerises confirmed that no cutting would be taking place within the vernal pool, and that they would stay 50 feet from it. Mr. Lesmerises also stated that he had flagged the logging areas as the commission had requested at the last meeting. The harvesting is expected to begin at any time now and should take 4 to 6 weeks. The work area is now dry. J. Kaufman stated that the operation would be staying away from the area he was concerned with and the type of crossing described has been used before with no problems. Motion by C. Wentworth, seconded by S. Mulhall to approve Application #02-08 of Peter Marlowe Forest Products, LLC, for selective timber harvesting within a regulated area on property owned by O & G Industries, Inc., located at Salem & Spring Roads as presented. Unanimous.
b. Application #03-08, American General Investors, 50 Melissa Lane. Proposed construction of two residentia homes within a regulated area. A site walk was held on March 18, 2008 at 4:30 p.m. David Carson of OCC Design Group, Inc., represented the applicant and the property owner. The applicant is proposing to divide 50 Melissa Lane into two one-acre lots with pumped septic systems up at the roadway. The plans are awaiting final approval from Chesprocott pending Inland Wetland approval and Planning & Zoning approval. Mr. Carson has presented a letter to the Planning & Zoning Commission from Chesprocott indicating that both lots are suitable for the pumped septic systems. Mr. Carson also stated that both houses were staked out as requested for the site walk and that it was determined at the site walk that large boulders laying on the surface throughout the area should be used to make a line of demarcation to define the wetland boundary. J. Kaufman asked what the distance to the wetlands was to from the proposed houses. Mr. Carson stated the distance of the houses to the wetlands is 75 feet. J. Kaufman asked that if approvals were received for the houses he would like an “as-built” map submitted for the Inland Wetland file showing the house sizes and distances to the wetlands. Mr. Carson stated he would submit an “as-built”. D. Michaud asked Mr. Carson how far the existing line of boulders is from the wetlands. Mr. Carson estimated that the boulders are about 25 feet from the wetlands and about 50 feet from the proposed house. Motion by J. Kaufman, seconded by A. Koehler to approve Application #03-08 of American General Investors for construction of two residential homes within a regulated area on property owned by Josephine J. Guastaferri, Trustee, located at 50 Melissa Lane as presented with the stipulation that the existing boulders on site be utilized as a permanent line of demarcation to define the wetland boundary and a copy of the “as-built” maps and Chesprocott approval be submitted to Bill Donovan for the file. Unanimous.
New Business:
a. Prospect Board of Recreation, Hotchkiss Field. Review Construction of Proposed Baseball Field. Chris Moffo, Board of Recreation Director, reviewed plans for the construction of a baseball field behind the “Field of Dreams” playscape at Hotchkiss Field. Mr. Moffo stated that the proposed baseball diamond would be outside the 100-foot buffer but he wanted to make the commissioners aware of what would be taking place. A. Koehler stated that silt fencing should be installed to protect the wetlands.
Motion by A. Koehler, seconded by S. Mulhall to place Barbara & Thomas Shoemaker, 44 Bayberry Drive, on the agenda under “New Business” for an addition to an existing home. Unanimous.
b. Barbara & Thomas Shoemaker, 44 Bayberry Drive. Thomas & Barbara Shoemaker are proposing a 15’ X 25’ addition to their existing home and a 20’ X 40’ patio or deck. Mr. Shoemaker stated that when he presented his application earlier this year for a water garden (Application #01-08), they didn’t realize that the application should have included this addition. The commissioners that had attended the site walk for the water garden had seen where the addition had been staked out. B. Donovan asked Mr. Shoemaker if the addition was discussed at the previous site walk. Mr. Shoemaker stated that it had been discussed and that the addition was shown on the approved site plan for the water garden, but it was not included in the permit application. Mr. Shoemaker further stated that the contractor was planning to start construction in the early part of April and asked what the earliest date would be for approval by the commission. Motion by S. Mulhall, seconded by A. Koehler to accept Application #04-08 of Barbara & Thomas Shoemaker, 44 Bayberry Drive, for an addition to the existing home. Unanimous. B. Donovan suggested that since the commissioners had already visited the site and observed the proposed area for the addition, and if the commissioners agreed that the addition would not have a direct impact to the wetlands and the likelihood would be that approval would be granted at the April 29, 2008 meeting, the commissioners could direct Bill as their agent to grant approval for the addition and allow the Shoemaker’s contractor to get started in the early part of April, prior to the next regular IWC meeting. Motion by S. Mulhall, seconded by A. Koehler to allow Bill Donovan to act as agent for the IWC and authorize approval of the regulated activities for an addition to an existing home at 44 Bayberry Drive, owned by Barbara & Thomas Shoemaker, with the stipulation that all erosion controls be in place before construction begins. 3 votes in favor/C. Wentworth and J. Kaufman abstained.
Enforcements:
7:50 p.m. – Enforcement Hearing, Jeremy August, 181 Union City Road. Filling/grading within a regulated area/working within a regulated area. Property owner Jeremy August was not in attendance. Jim Warren of Capital Heavy Hauling, LLC, stated that B. Donovan visited the site today and saw the work that has been done. B. Donovan asked Mr. Warren if he had been sent as an agent for Jeremy August. Mr. Warren stated that he was not acting as agent for Mr. August but wanted to update the commission on the work that he has completed on the site. Mr. Warren showed the commissioners pictures on his computer and described that work completed thus far. Mr. Warren stated that all of the work has been completed around the pond and the berm. Mr. Warren also stated that he placed modified rip-rap all the way around the pond and built a 2-foot high berm to keep water runofff from the town road running to the pond. Mr. Warren stated that he and B. Donovan discussed placing silt fencing and hay bales in critical areas that were yet to be analyzed for wetland soils. J. Kaufman asked if erosion control blankets were put in those exposed areas. Mr. Warren stated that he was not authorized by Mr. August to install erosion control blankets. Mr. Warren restated that he came this evening to inform the commission that the work is being done and detail the work that has been completed. Mr. Warren stated that he could not perform work that the property owner has not authorized. S. Sackter questioned Mr. Warren, as a contractor, doesn’t he ask for permits before starting a job. Mr. Warren stated that he understood from Mr. August that the work had been approved and reminded the commissioners that he wasn’t aware until the site walk that the southwestern portion of the property was a regulated area. S. Sackter stated that the commission had requested that a soil scientist be hired by the property owner to delineate the wetlands and that Mr. August failed to submit an application for the filling and grading that has taken place on the property. B. Donovan asked Mr. Warren if any additional fill material would be brought on site. Mr. Warren stated that no additional fill would be brought in. J. Kaufman asked Mr. Warren why he continued to fill in after stabilizing the berm area. Mr. Warren stated that Mr. August wanted the ruts from when the pond had overflowed to be smoothed out, filled in and leveled off. B. Donovan asked Mr. Warren if he knew what Mr. August’s intention was regarding the pond itself. Mr. Warren stated he was not aware of Mr. August’s intentions. J. Kaufman stated that the Cease & Restore order should be placed on file in the land records. Motion by S. Mulhall, seconded by A. Koehler to place a copy of the Cease and Restore order for Jeremy August, 181 Union City Road, on file in the land records. Unanimous. B. Donovan advised the commission that the Town Attorney can initiate legal action against Mr. August due to his non-compliance and failure to appear at this enforcement hearing. Mr. August has not presented an application to the commission for the filling/grading work on his property, has not contacted a soil scientist to delineate the wetland soils and has not provided erosion control blankets or proper sediment controls as ordered. S. Sackter stated that the Town Attorney advised that the commission should go to the Town Council for an ordinance regarding a “municipal citation” for the IWC similar to the Planning & Zoning Commission’s citation. The attorney also suggested that the commission amend the regulations to add a section for “corrective action permits” which will allow doubling the cost of the application for people who neglected to file an application for regulated activities. C. Wentworth clarified that by putting the Cease and Restore on the land records it would be incentive to the property owner to make the repairs. B. Donovan asked the commission to clarify what they were requiring of Mr. August. A. Koehler stated that what the commission has been asking all along is for Mr. August to hire a soil scientist to delineate the wetlands and/or watercourses to determine what has been filled and what needs to be remediated. Mr. August has not responded to the commission’s request. S. Sackter read the Cease and Restore order. The commissioners agreed that Mr. August did not adequately address the violations of the Cease and Restore order, and directed B. Donovan to place the order on the land records and have the attorney initiate legal action.
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: B. Donovan reminded the commissioners of the presentation on “Map Reading for Site Plan Review” this week at the Middllebury Library. J. Kaufman inquired about Mr. O’Rourke’s property. Bill stated that the foundation is in and is further away from the wetlands. J. Kaufman stated that he saw a hole with a ladder in it next to the road.
Motion by A. Koehler, seconded by C. Wentworth to adjourn at 8:30 p.m. Unanimous.
Stephen Sackter
Chairman