Board Members Present: Stephen Sackter, David Celotto, John Kaufman
Alternate Members Present: David Michaud, Anthony Dorso
Absent Members: Stephen Mulhall and Charles Wentworth
Others Present: William Donovan – Land Use Inspector, Wendy Boroski - Clerk
Chairman Sackter called the meeting to order at 7:01 p.m. The meeting was taped.
D. Michaud was seated for C. Wentworth. A. Dorso was seated for S. Mulhall.
Approval of Minutes:
Motion by D. Celotto, seconded by S. Sackter to approve the September 14, 2009 minutes as presented. 2 votes in favor/3 vote abstained. Motion Carried.
Motion by D. Celotto, seconded by D. Michaud to approve the October 26, 2009 minutes as presented. 4 votes in favor/1 vote abstained. Motion Carried.
Communications:
1. Prospect Building Inspector’s Report - October 2009;
2. Permit Transfer, Permit #07-04, Property: 22 (Lot 5) Southridge Road;
From Lornic LLC (Debbie Ridolfi) To Colonial Custom Builders (Daniel Rotatori),
60 Olivia Lane, Naugatuck, CT 06770, 203-720-0045.
Motion by D. Michaud, seconded by D. Celotto to accept the Permit Transfer of Permit #07-04 as presented. Unanimous.
Old Business:
a. Application #15-09: Clifford & Shaun Baumann, 10 Juggernaut Road. Construction of a Pond for Agricultural/Fire Use. Mr. & Mrs. Baumann presented a letter dated November 22, 2009, from Carol Mandell, who resides at 11 Juggernaut Road, indicating that the Baumann’s property in question did have two ponds on it when she was a child. Mr. and Mrs. Baumann also presented photos of the property in question dated 1953 where they depict a pond in the proposed area. Mr. and Mrs. Baumann have also supplied a Well Inspection Report from Jones Plumbing and Heating. Mrs. Baumann states the pond is essential to their crops, which will include a Christmas tree farm and corn; it is also essential for watering the horses; and for irrigation for dust control within their horse riding ring. C. Baumann indicates the pond will be approximately 4800 square feet or less, with a depth of approximately ten feet. Chairman Sackter stated a site walk at this property took place on November 21, 2009. D. Michaud presents his concerns regarding the pond statistics. S. Sackter stated his concerns on whether the pond is essential at this time. J. Kaufman questioned how to determine what size pond would be needed for the crops being planted. He also expresses his concern about stagnant water. He suggested the pond area has enough elevation to limit the possibility of draining some water into the pond via an existing drain pipe on Summit Road. J. Kaufman expresses his concerns that upon a previous site walk he saw area that was clear cut and he believed additional materials may be needed to plant Christmas trees within the wetlands and may need a permit. Mr. Baumann stated he does not believe that he needs a permit to plant crops in the wetlands since it is an extension of his agricultural use. S. Sackter stated he believes enough testimony has been given by the applicants to allow the IWC to take this matter to a vote to determine if the pond is essential. D.Michaud indicates the regulations state that the Baumann’s fall within the 3 acres or less sized pond permitted for the farming operation. J. Kaufman expressed his concerns about the amount of dry land the Baumann’s have on their property. C. Baumann indicated they have 1.75 to 2 acres of dry land. S. Sackter stated he would like the IWC members to vote individually either for or against if they consider this pond essential and their reasons why.
b. D. Michaud votes essential. He indicates the applicants have gone above and beyond based on providing the IWC with the Well Inspection Report which clearly shows they will not be able to sustain crops on the well alone. And the request also fits into the scope of a pond being less than 3 acres.
c. J. Kaufman votes essential. He stated crops require a lot of water and believes a pond did exist there before. He says it’s a reclamation of what was there before.
d. D. Celotto votes essential. He stated the proof is in the Well Inspection Report that the pond is essential for agricultural purposes.
e. A. Dorso votes essential. He feels the pond is necessary, as their current water source won’t sustain crops alone.
f. S. Sackter abstains from voting.
Motion by J. Kaufman, seconded by D. Celotto to deem the pond essential as presented. 4 votes in favor/1 vote abstained. Motion Carried.
As a motion was presented to find the pond essential and permitted as of right per Section 4, the application fees submitted by Mr. and Mrs. Baumann will be returned.
W. Donovan requests a copy of Mrs. Baumann’s map for the IWC office file, where Mrs. Baumann stated she will forward said copy in the morning to the Land Use office. W. Donovan also reminds the applicants that any soils excavated from the wetland area cannot be moved into another area of the wetlands. Mr. Baumann explains that the soils will be laid out on the base of the riding ring.
b. Prospect Estates Subdivision, Proposed Landscaping within Conservation Area on Lots 5 & 6. W. Donovan reviewed plans submitted by Scott Poryanda representing Harb Developers, LLC. The plans call for a trench in front of the level spreader to disperse water as the water level rises over the level spreader. It appears this area was not installed properly. W. Donovan to contact Larry Beausoleil to discuss rectifying this matter.
New Business:
a. Application #15-09 – Anthony Dorso, 30A Scott Road. Proposed detached storage building within a regulated area. Mr. Dorso presented an application and map depicting the area where he would like to install the building. J. Kaufman questioned if it will be used as a garage, if Mr. Dorso currently has a garage on the property, and its purpose. Mr. Dorso indicated the garage will be used for storage of his tractor and tools. Mr. Dorso stated the proposed building will be approximately 24’ x 34’. Mr. Dorso stated he is looking to have the least amount of impact with minimal tree removal. The IWC will conduct a site walk to review the location of the proposed building.
Motion by D. Michaud, seconded by D. Celotto to accept the Application #15-09, Anthony Dorso, 30A Scott Road, as presented. 4 votes in favor/1 vote abstained. Motion Carried. A site walk was scheduled for Saturday, December 12, 2009 at 9:00 am.
Enforcements: None
Public Participation: None
Land Use Inspector’s Report: None
Enforcements: None
Motion by D. Michaud, seconded by D. Celotto to adjourn the meeting at 8:17 p.m. Unanimous.
Stephen Sackter, Chairman