Town of Prospect - Boards & Commission

Inland Wetlands Commission

UN-Approved Minutes
NOVEMBER 24, 2008

Board Members Present: Stephen Sackter, Charles Wentworth, Stephen Mulhall & David Celotto
Alternate Members Present: David Michaud
Absent Members: John Kaufman, 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 7:00 p.m. The meeting was taped. D. Michaud was seated for J. Kaufman.

Approval of Minutes: Motion by D. Michaud seconded by C. Wentworth to approve the minutes of the October 27, 2008 meeting as amended. Unanimous.

Communications:
1) Society of Soil Scientists of Southern New England – 2008 “Registry of Soil Scientists.”
2) Prospect Building Inspector’s Report – October 2008.

Old Business:
a. Application #11-08 Gabriel Hakim, 47 Cheshire Road. Proposed 3-lot subdivision within a regulated area. Paul Bunevich and George Frigo of Land Data Engineers represented the applicant. Mr. & Mrs. Hakim were also in attendance. Mr. Bunevich reviewed changes made to the proposed subdivision plan since the last meeting based on planning and zoning issues raised by W. Donovan regarding rear lots. The two proposed building lots are now front lots with frontage on Cheshire Road but accessed from Trotters Way. The driveway on Lot 2 is now completely out of the wetlands resulting in no filling or grading directly within the wetlands. The septic areas were re-tested under the supervision of Chesprocott and a revised approval dated November 10, 2008 was submitted to the Commission. Comments were also submitted from soil scientist Ken Stevens of Soil Science and Environmental Services, Inc., for the revised layout. Mr. Frigo reviewed the revised parking area and house location for Lot 1 explaining that additional measurements were taken regarding the location of standing water and Mr. Frigo feels that there would be no need for a culvert in that area. Mr. Frigo further stated that although the driveway is just over 500 feet in length a neighbor has already disturbed a good portion. Mr. Bunevich confirmed that the proposed driveway for Lot 2 is now 10 feet from the wetlands at the closest point not 15 feet as indicated in the recommendations from the soil scientist. The correction was noted for the record. Mr. Bunevich also stated that the soil scientist recommended mulching or seeding to stabilize the slope and that they intend to adhere to the recommendations. S. Sackter questioned Mr. Frigo regarding placing a curb along the driveway. Mr. Frigo stated that curbing would only serve to concentrate the flow and increase erosion in a particular spot. C. Wentworth asked whether the driveway should be left as a riprap gravel road to allow water to evenly penetrate into the ground and reduce runoff into the wetlands. Fees were set in the amount of $620.00 and $30.00. C. Wentworth asked if Mr. Hakim understood that if the property is sold before being developed, that the new owner would need to come before the IWC for a transfer of the permit. The process was explained to Mr. Hakim. Motion by C. Wentworth, seconded by D. Michaud to approve Application #11-08 of Gabriel Hakim for a 3-lot subdivision as shown on plan entitled “Paula Estates, Cheshire Road (Conn. Rte. #68) and Trotter’s Way” dated 9/16/08 with latest revision date of 11/10/08 for property located at 47 Cheshire Road with the stipulation that the recommendations made by the South Central Connecticut Regional Water Authority and Soil Science and Environmental Services, Inc., be adhered to and that the driveway for Lot 2 remain unpaved and permanent wetland markers be placed along the entire length of Lot 2 from Trotters Way to the easterly property line. Unanimous.

Enforcements:
a. 7:40 p.m. Jeffrey & Jennifer Andrews, 5 Spring Road. Violation of Inland Wetlands Permit for deposition of fill materials and aboveground pool within an upland review area. S. Sackter read a letter dated November 24, 2008 from Jeffrey & Jennifer Andrews regarding the violation. Also submitted was an estimate for work to be performed by Todd Romagna Septic Consultants, Inc., dated September 1, 2008. In response to the Andrews’ letter, C. Wentworth stated that he recalled Mr. Andrews giving the commissioners permission to walk the property if necessary. W. Donovan stated that he had permission to walk the property. C. Wentworth also stated that the letter made no mention of the extra fill brought in after the cease and restore order. The commissioners reviewed a timeline from when the initial enforcement letter was sent out. It was noted that the date of the estimate was two months ago and that Mr. Andrews took two months to get the estimate after the permit was issued. Mr. Andrews indicated in the letter that he would get the silt fencing back up and anchored with the intent to ensure that it would remain intact over the winter. The commissioners agreed that if the erosion issues were addressed for the winter, it would be best to have the work started in the spring. The erosion controls would need to be put in place immediately and an inspection will take place in two weeks. W. Donovan will send a letter to Mr. Andrews asking to set up a time to inspect the site, preferably before the next meeting, to check the status of erosion controls.

Old Business:
b. Application #13-08 – Town of Prospect Park & Recreation, 21 Cheshire Road. Proposed Dog Park within a regulated area. No discussion was held.

c. Application #14-08 – Town of Prospect, 8 Rek Lane. Replacement of 15” storm drainage pipe. The application presented at the previous meeting. There were no additional comments or concerns. Motion by S. Mulhall, seconded by D. Michaud to approve Application #14-08 of the Town of Prospect for replacement of a 15-inch storm drainage pipe at 8 Rek Lane. Unanimous.

Enforcements:
b. William Brundage & Brenda Nadeau, 143 Plank Road. Activities in a regulated area without a permit. W. Donovan had been made aware of excavation work being done on property located at 143 Plank Road. The property owners were asked to come before the IWC with an application even though the work had already been done. There had been trees cleared in the back yard and fill had been brought in to try to level the yard. The letter was ignored. Brenda Nadeau had been in to Bill’s office the day before the last IWC meeting and was given an application to present to the commission but they never showed. Bill was instructed to send a letter regarding a Cease and Restore hearing for the December 8, 2008 meeting.

New Business:
a. Cathy Santoro, 38 Blue Trail Drive. Septic System and Grading within a regulated area. Cathy Santoro stated that a permit was approved more than 5 years ago and she is asking that the permit be re-issued and brought up to date. W. Donovan asked if the plan was similar to what was approved previously. W. Donovan stated he would check back with Chesprocott for the previous approval. Regulated activities would be the septic system and filling near the right rear corner of the house. Fees were set and paid in the amount of $240.00 and $30.00. Motion by C. Wentworth, seconded by D. Celotto to accept Application #15-08 of Cathy Santoro for a septic system and grading within a regulated area for property located at 5 Melissa Lane. Unanimous. A site walk was scheduled for January 10, 2008 at 8:00 a.m. The applicant was asked to stake off the corner of the house and the septic system.

b. Janet Messina Skrip, 3 Arbor Meadow Drive. Deck within a regulated area. Bob Allen of Home Enhancements represented the applicant. The applicant is proposing to add to an existing deck on the back portion of the house to connect along the side of the house and attach to the front porch. Mr. Allen applied for a permit through Chesprocott and was approved. According to the Town’s GIS mapping, a considerable amount of the house and the septic system is in the wetlands. W. Donovan indicated that the GIS mapping is derived from state mapping and indicates the potential for wetlands. Mr. Allen reviewed the original site plan of the existing house that was built in 1991. The commissioners agreed that it doesn’t make sense that the septic system is within the wetlands area. W. Donovan suggested that Mr. Allen speak to the property owners and consider obtaining a soils report on the property to show where the nearest wetlands are. Motion by S. Mulhall, seconded by C. Wentworth to accept Application #16-08 of Janet Messina Skrip for construction of a deck within a regulated area for property located at 3 Arbor Meadow Drive. Unanimous. A site walk was scheduled for January 10, 2008 at 8:30 a.m. Fees will be determined at the site walk.

c. Meeting Dates for 2009. Proposed meeting dates were presented. (See Attached). Motion by D. Celotto, seconded by D. Michaud to approve the meeting dates for 2009 as presented. Unanimous.

Public Hearings: None

Public Participation: None

Land Use Inspector’s Report: W. Donovan stated that he has been asked if the IWC could bring some conclusion to the work that has been done at the Reilly pond. Bill asked Earl Reilly today and asked if they were satisfied with the work that had been done, mainly the construction of the forebay and mucking out of the pond. Mr. Reilly indicated to Bill that he would get a letter out as soon as possible stating his satisfaction with the work that has been done. Bill has been on site and it seems to be working. Previously, there were questions raised regarding hand cleaning of the stream coming into the pond itself. Bill stated that over time the amount of sediment seems to be deteriorating and with storm events and an increase in the velocity of water the sediments will continue to move to the forebay. The Boulder Brook Homeowners’ Association would like some type of formal sign off from the IWC regarding the completed work. The commissioners agreed that once the letter is received from the Reilly’s, Bill could send a letter on behalf of the IWC. Motion by D. Michaud, seconded by S. Mulhall, to have the Land Use Inspector, after receiving written confirmation of satisfaction from Earl & Jean Reilly, send a letter to Boulder Brook Homeowners’ Association stating that all conditions relating to the construction of the forebay at the Reilly pond have been met. Unanimous.

Motion by C. Wentworth, seconded by D. Michaud to adjourn at 8:45 p.m. Unanimous.

Stephen Sackter, Chairman