Board Members Present: Stephen Sackter, Charles Wentworth & David Celotto
Alternate Members Present: David Michaud
Absent Members: John Kaufman, Stephen Mulhall, 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 S. Mulhall.
Approval of Minutes: Motion by C. Wentworth seconded by D. Celotto to approve the minutes of the September 22, 2008 meeting as presented. Unanimous.
Communications:
1) Connecticut Association of Conservation & Inland Wetlands Commissions, Inc., “The Habitat” – Summer 2008.
2) Connecticut Department of Environmental Protection – “Stream Crossing Guidelines”.
3) Prospect Building Inspector’s Report – September 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. A site walk was held on October 6, 2008. Mr. Bunevich reviewed revisions made to the site plan regarding the reconfiguration of Lot 2 to show frontage on Cheshire Road. A change was made in the location of the first 300 feet of the proposed driveway for Lot 2 moving it 10-15 feet further from the wetlands and slightly reducing the area that would be filled in. Proposed open space was reconfigured as well however the square footage of proposed open space has remained at approximately 2 ˝ acres. The house on Lot 2 was rotated about 90 degrees moving the entire house more than 50 feet from the wetlands. Discussion was held on the proximity of the driveway to the wetlands. C. Wentworth mentioned his concern with the amount of fill that would be needed in the area of the driveway and that the driveway is in close proximity to the wetlands. Mr. Frigo stated that zoning issues did not allow the driveway to be proposed outside of the wetland area. S. Sackter asked if there would be a problem with developing only Lot 1. Mr. Frigo stated that he doesn’t believe that the proposed 2 lots, that are basically dry and have very good soil for septic systems, could be considered as over-development on this sizeable piece of property. Mr. Hakim thought he bought 13 acres of very viable land until he spoke with Land Data Engineers. The engineers are simply trying not to waste any part that can be used. D. Celotto stated that the major concern is that the proposed access is in close proximity to an extremely wet area. Mr. Bunevich stated that they could propose some plantings along the driveway that could help with erosion control. S. Sackter read comments dated October 22, 2008 from Ronald Walters, Senior Environmental Analyst with the Regional Water Authority. S. Sackter stated he had no concerns with Lot 1 but due to the proximity of the driveway on Lot 2 he was concerned with the impact to the wetlands. Mr. Bunevich and Mr. Frigo stated they would look again for a more feasible plan for the proposed driveway on Lot 2 to address the commissioners concerns with the impact to the wetlands. W. Donovan suggested that a bridge crossing or raised culvert in the direct impact area would eliminate direct filling in of wetlands. C. Wentworth agreed with W. Donovan and stated that a couple of culverts could provide a more prudent alternative. S. Sackter asked for a soil scientist’s report to determine whether the final design would have a significant impact to the wetlands. W. Donovan stated that the commissioners could also decide whether the town engineer should review the final design. The commissioners advised the engineers to have the applicant provide a letter for the next meeting granting an extension of time for the commission to make a decision regarding the application.
b. Application #12-08 Arlene Gedraitis, 90 Cook Road. Proposed re-subdivision within a regulated area. Paul Reynolds, professional land surveyor, represented the applicant and reviewed revisions made based on Planning & Zoning comments regarding open space and straightening of the driveway as discussed at the site walk held on October 6, 2008. The regulated activity is the proposed driveway within a review area. C. Wentworth stated that he would like to have the wetlands marked with permanent markers approximately every 50 feet. Motion by D. Celotto, seconded by D. Michaud to approve Application #12-08 of Arlene Gedraitis for a proposed re-subdivision within a regulated area as shown on map entitled “Gedraitis Woods Subdivision Map, Land of Arlene Gedraitis, 90 Cook Road” revised October 27, 2008 with the condition that permanent wetland markers be placed from Flag #25 to Flag #36. Unanimous.
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. James Warren was in attendance and represented the applicant. A site walk was held on October 6, 2008 and the commissioners were satisfied that the front portion of the property was completed according to the site plan. W. Donovan and S. Sackter visited the site to observe the property after the heavy rain. C. Wentworth stated that the lower section looked good but doesn’t believe that Mr. Warren removed as much material as what was spoken about. Mr. Warren stated that he spoke with W. Donovan regarding that issue indicating that he was trying to complete what needed to be done before the heavy rains came. C. Wentworth did dig down and found that there were less wood chips than what he thought. S. Sackter and C. Wentworth stated they were satisfied with the work done. W. Donovan suggested that the commissioners refer to the letter from Carmody & Torrance dated April 10, 2008 and state for the record whether the applicant has satisfied the Cease & Desist & Restore Order. The violations noted in the letter were 1) Failure to submit an application to the IWC prior to conducting regulated activities including filling and grading within 100 feet of a watercourse (pond) or wetlands; 2) Failure to cover and stabilize disturbed areas on the property resulting in the potential for soil erosion and sedimentation to impact downstream wetlands and watercourses; and 3) Failure to engage a soils scientist to delineate wetland soils on the property in order to determine whether wetland soils have been impacted by the unpermitted regulated activities. The commissioners unanimously agreed that Jeremy August and his agent have complied with the Cease & Desist order and have restored the area to what was requested.
C. Wentworth questioned the access road that was put in after the Cease & Desist order had been issued. W. Donovan stated that Mr. Warren had come in to pick up an application last week for the additional road work done on the access way. J. Warren asked if he was still able to act as agent for Jeremy August without another letter from Jeremy August regarding the access way. W. Donovan stated that Jeremy August is no longer the property owner. Consequently, the current owner will be sent a letter indicating that the access road is in violation. Mr. Warren was told that if he were to present the commission with a letter from the current owner naming him as their agent, Mr. Warren could submit an application for the road work done on the access way.
New Business:
a. Prospect Park & Recreation, 36 Center Street. Proposed Dog Park – McGrath Park. Chris Moffo, Director of the Prospect Park & Recreation Department, submitted the application for a proposed Dog Park at 21 Cheshire Road to be located behind the pond at McGrath Park. Mr. Moffo stated that they would be cutting the underbrush but there would be no cutting of trees. Mr. Moffo reviewed a drawing showing the proposed location and the wetlands area. A 4-foot high chain link fence will be installed. There are no structures being proposed. S. Sackter asked who would be policing the area for picking up trash and dog droppings. Mr. Moffo indicated that there would be “mutt mitts” available for individual owners to pick up after their dogs and trash receptacles which would be emptied by the Public Works Department on a regular basis. C. Wentworth asked who initiated the idea for a dog park. Mr. Moffo stated that a committee came before the Park & Recreation Commission requesting a dog park. D. Michaud asked if there would be a ban on dogs at other parks in Prospect if this dog park is approved. Mr. Moffo stated that there would not be a ban at other parks; the dog park would give dog owners the opportunity to unleash their dogs for playing and socializing. The plan has been submitted to Planning & Zoning and the Park & Recreation Commission will be offering an informational meeting in the future. S. Sackter stated that there doesn’t seem to be any direct impact to the wetlands. Mr. Moffo indicated that funding for the dog park would be through the Park & Recreation Commission’s Park Development Fund. C. Wentworth stated that he would like to see a surveyed map of the area showing the exact location for the proposed park. Mr. Moffo stated he would discuss the request for a surveyed map with the Park & Recreation Commission. Motion by C. Wentworth, seconded by D. Michaud to accept Application #13-08 of the Town of Prospect Park & Recreation Commission for a proposed dog park for property located at 21 Cheshire Road and waive the application fees with a condition that a surveyed map be submitted to show the exact location of where fencing will be installed. Unanimous. Mr. Moffo was asked to have the surveyor put markers for the boundaries of the proposed park.
Motion by C. Wentworth, seconded by D. Michaud to add Mayor Robert Chatfield, Town of Prospect, to the agenda under “New Business” for replacement of a storm drainage pipe at 8 Rek Lane. Unanimous.
b. Town of Prospect, 36 Center Street. Replacement of 15” storm drainage pipe at 8 Rek Lane. W. Donovan presented the application stating that Mayor Chatfield is proposing to replace the current drainage system that is plugged with tree roots with a double basin and 200 feet of 15-inch pipe. The mayor is not expanding the old system, just replacing it. The Town has a drainage easement on the property. W. Donovan stated that because the pipe is plugged there are problems with flooding and the Town would like to get started on replacement as soon as possible if the commissioners had no objections. There were no objections. Motion by C. Wentworth, seconded by D. Michaud to accept Application #14-08 of the Town of Prospect for replacement of a 15-inch storm drainage pipe at 8 Rek Lane and waive the application fees. Unanimous.
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: W. Donovan reported that the property owners at 143 Plank Road have not come back with an application to address the violations regarding grading work within a regulated area. Bill will send an enforcement letter. C. Wentworth stated that the Chevrier property on Cheshire Road is up for rent and that Bill should keep an eye out for any future use. C. Wentworth and S. Sackter also stated that they visited 5 Spring Road and noted that Mr. Andrews has done nothing to comply with the Cease & Restore order. Bill will send a violation of permit letter and ask Mr. Andrews to attend the next meeting.
Motion by D. Celotto, seconded by D. Michaud to adjourn at 8:42 p.m.
Stephen Sackter, Chairman