Board Members Present: Stephen Sackter, Charles Wentworth, John Kaufman, Stephen Mulhall
Alternate Members Present: Anthony Dorso
Absent Members: David Celotto, David Michaud
Others Present: Bill Donovan – Land Use Inspector, Wendy Boroski - Clerk
Chairman Sackter called the meeting to order at 7:00 p.m. The meeting was taped. A. Dorso was seated for D. Celotto.
Approval of Minutes:
Motion by J. Kaufman, seconded by S. Sackter to approve the November 23, 2009 minutes as amended. 3 votes in favor/2 votes abstained. Motion carried.
Communications:
1. Prospect Water Pollution Control Authority - Notification of Upcoming Workshop on Development of Wastewater Facilities Plan
2. Building Inspector’s Report – 11/09
A. Dorso excused himself from the Board.
Old Business:
a. Application #15-09 – Anthony Dorso, 30A Scott Road - Proposed detached storage building within a regulated area. Chairman Sackter stated a site walk at this property took place on December 12, 2009. Mr. Dorso presented a map and showed where he had staked a feasible location for the storage building where it would be least intrusive to the wetlands. J. Kaufman asked how far would the building be from the wetlands and what kind of wetlands. C. Wentworth stated the area has a seasonally defined depression, which runs in the winter. S. Sackter stated he saw no running stream. C. Wentworth stated it is a flat area and is satisfied with the location, but recommended that a slab be put into place to contain any potential spills from the tractor or equipment. S. Sackter asked if the building would be sealed. Mr. Dorso stated it will be an arched movable building set on a poured slab. J. Kaufman asked how Mr. Dorso would have access to the driveway, how close to the wetlands the building would be and also what type of wetlands would be affected. Mr. Dorso stated he would extend his driveway and presented a map to the commission for review. Motion by S. Mulhall, seconded by S. Sackter to approve Application #15-09, Anthony Dorso, 30A Scott Road for a detached storage building within a regulated area. 3 votes in favor/1 vote abstained. Motion Carried.
A. Dorso returned to the Board.
Enforcements:
a. Bryan & Dana Sharkey, 12 Yale Farms Lane - Earth Material Filling within a wetland a Regulated Area/Wetlands Impact. Mr. Sharkey stated he added fill to his property to make a level backyard for his kids and did not believe he needed a permit. S. Sackter presented photos taken by Bill Donovan, Wetlands Agent, of the area in question showing sedimentation that had entered wetlands. Mr. Sharkey presented the commission with a map and stated he had placed silt fencing and staked hay bales and was monitoring the area. S. Sackter asked about a black pipe shown in the photos. Mr. Sharkey stated he installed the pipe and 2 catch basins along his driveway, which diverted approximately 80% of the natural water, which ran from heavy rain from Yale Farms Road into his driveway. Bill Donovan stated he received a neighbor complaint stating that a significant amount of fill materials had been brought onto the Sharkey property and eroded into the wetlands. Bill further stated that a berm had been built at the top of the embankment to keep things level, however, water had built up from heavy rains on Wednesday evening and finally broke through funneling down the backside of the slope causing quite a bit of erosion. The materials had gotten washed into the wetlands and the down stream watercourse. He stated the work itself may or may not be within a hundred yards of the wetlands but the impact was clear and he issued Mr. Sharkey a Cease & Restore order to immediately stop working in an area that impacted the wetlands. Bill stated Mr. Sharkey and his partner responded immediately and came in to his office and asked what they could do. Bill suggested Mr. Sharkey install a barrier to prevent further materials from heading into the stream and they very quickly installed silt fencing and staked hay bales. Bill further stated Mr. Sharkey then returned to his office to ask what else needed to be done because he was very intent on minimizing any further damage to the wetlands. A. Dorso stated that he had conducted a site walk at the property and saw the materials did run all the way down to the stream below. He suggested additional silt fencing be placed above and along the stream to prevent further materials from entering the stream. A. Dorso suggested grass seed and erosion control blankets be added to the hillside before the ground freezes as an immediate action until the issue can be readdressed in the spring. Mr. Sharkey stated he created a berm at the end of his driveway to contain water and also created a second berm to redirect 80% to 85% of the flow of natural water when it rains away from the embankment. J. Kaufman asked the height of the bank. Mr. Sharkey stated it was approximately thirty-five feet. J. Kaufman asked how many yards of fill had been brought in. Mr. Sharkey stated he had fill material brought in from local properties, which were receiving public water service which contained mostly very large rocks. Additionally, he recently received 800 yards from John J. Brennan Construction in Shelton, CT. The commission discussed the color and texture of the fill materials brought in, and were concerned it appeared very fine and traveled a great distance in moving water. The commission recommended more silt fencing and stabilization of the area be put in place. Mr. Sharkey stated he would remove the materials from the stream using a bucket and shovel. Mr. Sharkey stated he will install additional silt fencing and erosion control blankets to the area this week. The commission is satisfied that Mr. Sharkey had shown good faith by immediately addressing the issue. The commission received permission from Mr. Sharkey to conduct individual site walks before the next Inland Wetlands meeting on January 11, 2010. The commission decided to keep the Cease & Restore Order file open until all work is completed and reviewed.
New Business:
a. Application #16-09 – Bryan & Dana Sharkey, 12 Yale Farms Lane - Deposition of fill materials within a regulated area. The commission did not accept this application as presented at this time. The commission felt the applicants should come to the next meeting in January, after they have appeared before the Planning and Zoning Commission on Wednesday, December 16, 2009, to consolidate instructions for correcting the problem.
Public Participation: None
Land Use Inspector’s Report:
C. Wentworth asked if photos were taken of the Bauman property located at 10 Juggernaut Road to have on file for any future activity on this property and stated concern about a potential adjustment of the property line where a gazebo had been placed, as it would redirect a stream. He also expressed concern about a 275-gallon fuel tank with a pump on it, which is set along side of driveway. He suggested the tank be moved or a containment system be put into place in case of fuel spill. The commission discussed Mr. Bauman’s statement that he didn’t bring any fill into the wetland area, however, concern was expressed by the commission as to the differing soil types. It was also discussed if the pond fill was to be placed into the arena, it would cause the area to become elevated to approximately 3 feet, which could pose run off issues.
The commission discussed the demolition of the U.S. CAP property. Concerns were expressed as to the exposure of the concrete slab, which could reduce its effectiveness as a cap for the existing pollutants. C. Wentworth asked if the appropriate permits were taken for the demolition. Bill explained that demolition permits go through the Building Inspectors office.
The commission discussed the proposal set before Planning & Zoning to increase the volume of earthen materials that can be brought onto a property from 400 cubic yards to 1500 cubic yards.
Motion by C. Wentworth seconded by S. Mulhill to adjourn the meeting at 8:30 p.m. Unanimous.
Stephen Sackter, Chairman