Board Members Present: Stephen Sackter, John Kaufman, Charles Wentworth, Stephen Mulhall, & David Celotto
Alternate Members Present: David Michaud
Absent Members: Arnold Koehler (Alt.) & Charles Dorman (Alt.)
Others Present: Diane Lauber – Clerk
Chairman S. Sackter called the meeting to order at 7:00 p.m. The meeting was taped.
Approval of Minutes: Motion by J. Kaufman, seconded by C. Wentworth to approve the minutes of the August 11, 2008 meeting . 4 votes in favor/D. Celotto abstained. Motion Carried.
Communications:
1. Connecticut Federation of Lakes, Inc. – CFL News, August 2008.
2. Letter dated September 2, 2008 from the Connecticut Water Company Re: Moody Reservoir Dam, #11503, D.E.P. Dam Inspection Report.
3. Town of Prospect – Building Inspector’s Report for August 2008.
J. Kaufman noted that the City of Waterbury should be monitoring the large trees along the bank of the dam at the Waterbury Reservoir as the Connecticut Water Company mentions in their inspection report of the Moody Reservoir Dam. J. Kaufman requested that W. Donovan send a letter to the City of Waterbury regarding this issue.
Old Business:
a. Tesco Resource, 179 Union City Road. Reilly Pond Remediation. S. Sackter stated that he spoke with W. Donovan who had inspected the Reilly pond today and noted that the forbay held up over the weekend with the heavy rains. W. Donovan also inspected the Boulder Brook property and their erosion controls are working, including the detention basin. According to Bill, Earl Reilly was also on site and indicated that he was quite satisfied with the forbay. J. Kaufman asked if Bill had followed up with Hank Berberat regarding clearing the sedimentation in the area of the small brook that feeds into the pond. S. Sackter stated that W. Donovan had not mentioned anything regarding that issue. The commissioners agreed that the sedimentation must be cleaned out prior to W. Donovan sending a letter to Mr. Berberat stating that he has met the requirements.
b. Application #10-06, Clover Development LLC, Lot 4 Woodmont Estates. Modification to Relocate House within a Regulated Area. The application was accepted at the previous meeting. The commissioners had no concerns with the relocation of the house. Motion by J. Kaufman, seconded by C. Wentworth to approve Application #10-06 for Woodmont Estates Subdivision for one additional regulated activity, a house, on Lot 4. Unanimous.
c. Application #09-08, Frederick Corporation, Lot 47(26) Cambridge Drive. Proposed New House & Septic within a Regulated Area. S. Sacter and J. Kaufman attended the site walk held on August 21, 2008. Measurements were compared to the site plan and were confirmed as being accurate. Scott Volpe of Frederick Corporation was in attendance and presented a revised site map showing the addition of a family room which would allow better grading for the yard. S. Sackter and J. Kaufman noted at the site walk that the addition would further stabilize the slope as well. A 16’ X 18’ deck is also proposed off of the family room. Mr. Volpe stated that minimal fill, if any, would be brought in. C. Wentworth asked that permanent wetlands markers be placed 75 feet from the center line of the brook. Mr. Volpe informed the commission that he was changing the name of his company to ““Connecticut Residential, Inc.” The commissioners asked that the application note the change of name. Motion by J. Kaufman, seconded by S. Mulhall to approve Application #09-08 of the Frederick Corporation, aka Connecticut Residential, Inc., for a house and septic system within a regulated area as shown on plan entitled “Improvement Location Survey – Proposed, Lot #47 “College Farms” Phase II – Sect. 2B, #26 Cambridge Drive” with revision date 9/2/2008 and amended by Scott Volpe on 9/8/2008 to note the 75-foot conservation easement from the brook. Unanimous. The commissioners instructed Mr. Volpe to put the siltation controls in before tree cutting begins.
Enforcements:
a. Application #08-08, Jeremy August, 181 Union City Road. Filling/Grading within a Regulated Area/ Working within a Regulated Area without a Permit. S. Sackter stated that as of today W. Donovan has not heard from Jim Warren, Capital Heavy Hauling, or Jeremy August regarding the remediation of the wetlands. The Town Attorney has indicated through W. Donovan that the commission may decide to proceed with the lawsuit at this time. J. Kaufman stated that it has been four weeks since Mr. Warren stated he would contact the commission with a start date. The commissioners conveyed the need to start the remediation work as soon as possible to Mr. Warren at the last meeting. The commissioners agreed that W. Donovan should have the attorney move forward with the lawsuit.
New Business:
S. Sackter stated that Jim Warren of Capital Heavy Hauling had widened a right of way in a regulated area at 181 Union City Road without a permit. The gravel road was put in while the property was already under a cease and desist for work that had taken place within a regulated area without a permit. As a new enforcement item, the commissioners asked that W. Donovan gather the information necessary for the attorney to notify the owner of the property of the violation.
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: S. Sackter stated that according to W. Donovan, Larry Beausoleil, Prospect Estates, has finished the detention basin in accordance with the original plans and Bob Oley’s recent letter that the commission reviewed recommending that he install a berm along the Roaring Brook side of the detention basin. Bill also indicated that the lots within the subdivision that still have houses under construction or are vacant may be available for sale. Any remaining development and site work that would take place on the lots with a new owner would need to comply with the terms and conditions of the Prospect Estate’s current Inland Wetlands Permit. Bill indicated to S. Sackter that he inspected the detention basin today and there is no sign of flood damage. W. Donovan also spoke with Dan Walton, Project Manage for Toll Brothers, regarding permanent wetland markers. Mr. Walton stated that the markers will be installed as discussed with the commission for Phase I in the fall after they have finished the abutting lawns and landscaping that will establish the permanent lawn/nature area boundary.
Motion by C. Wentworth, seconded by S. Mulhall to adjourn at 7:55 p.m. Unanimous.
Stephen Sackter
Chairman