Board Members Present: Stephen Sackter, John Kaufman, Charles Wentworth & David Celotto
Alternate Members Present: Anthony Dorso, III & David Michaud
Absent Members: Stephen Mulhall, Lisa Mason (Alt.)
Others Present: Diane Lauber – Clerk
Chairman S. Sackter called the meeting to order at 7:00 p.m. The meeting was taped. A. Dorso was seated for S. Mulhall.
Approval of Minutes: Motion by J. Kaufman seconded by C. Wentworth to approve the minutes of the March 23, 2009 meeting as amended. Unanimous. Motion by C. Wentworth seconded by J. Kaufman to approve the minutes of the April 8, 2009 Special Meeting as presented. Unanimous.
Communications:
1. Letter dated April 22, 2009 from the Connecticut Water Company regarding written notice of applications.
2. University of Connecticut College of Agriculture and Natural Resources “Journal” – Winter/Spring 2009.
3. Letter dated April 10, 2009 from AECOM Environment re: Algonquin Gas Transmission, LLC.
4. Connecticut Federation of Lakes, Inc. – “CFL News”, April 2009.
5. State of Connecticut Department of Environmental Protection – “Status & Trends Report” and “Training Program Summary Report” for 2005.
6. Prospect Building Inspector’s Report – March 2009.
Old Business:
a. Application #01-09 – William Brundage & Brenda Nadeau, 143 Plank Road. Landscaping/tree removal within an upland review area. S. Sackter stated that a site walk was held on March 31, 2009. A letter dated April 20, 2009 from Bill Donovan to Mr. Brundage was read indicating that the IWC would not prevent him from removing the pile of brush and materials located in the rear of the yard or bringing in a limited amount of topsoil to raise and level off the back yard. The IWC did instruct Mr. Brundage to keep a 20-foot buffer between the storm water outlet pipe and stream on the left side of the property and any soils that are spread over the back yard. J. Kaufman who was not present at the site walk asked if a site map was submitted for approval showing the proposed activity. D. Michaud had attended the site walk and stated that they determined there was no impact to the wetlands where Mr. Brundage was filling. The main concern was keeping a 20-foot buffer from the outlet pipe and stream. The applicants were not in attendance. J. Kaufman asked that W. Donovan send a letter to the applicants requesting the applicants be in attendance at the next meeting and provide the IWC with a site plan for approval.
John Kaufman recused himself from the meeting for discussion on Application #04-09. D. Michaud was seated in his place.
b. Application #04-09 – Linda M. Ploski, Trustee et al, 99 Union City Road. Drainage Facilities within a regulated area. S. Sackter stated that a site walk was held on March 31, 2009. Roland Desrosiers, land use planner, represented the applicants stating the areas proposed for the detention basins were observed at the site walk and the 400 square foot area being proposed for fill and requested that the application be approved as presented. S. Sackter stated that there were no concerns raised with the proposed filling or the detention basins, but questioned the procedures for handling water runoff from power washing of commercial vehicles on the property. Mr. Desrosiers stated that the power washing unit is no longer a part of the site plan and will not be an issue. S. Sackter stated that any proposed activity in the future that would affect water quality runoff into the detention basin would need approval by the commission. Motion by D. Michaud, seconded by D. Celotto to approve Application #04-09 of Linda M. Ploski, Trustee et al for drainage facilities within a regulated area as presented. Unanimous.
J. Kaufman was reseated and D. Michaud unseated for the remainder of the meeting.
Enforcements:
a. William Brundage & Brenda Nadeau, 143 Plank Road. Activities in a regulated area without a permit. No further discussion was held.
b. Jeffrey Andrews, 5 Spring Road. Violation of Inland Wetlands Permit for deposition of fill materials and above-ground pool within an upland review area. Jeffrey Andrews was not in attendance but had made a call to the clerk indicating he had a scheduling conflict. He further indicated to the clerk that an excavator was brought on site today and that the work should be completed by the end of the week. IWC clerk, Diane Lauber, stated that she instructed Mr. Andrews to follow up next week with W. Donovan regarding a site visit. Mr. Andrews also agreed that the IWC chairman could contact him if there were any further questions. The commissioners discussed the fact that the work was to have been completed already and reviewed a timeline the enforcement issues. Motion by J. Kaufman, seconded by C. Wentworth to instruct the Town Attorney to begin legal enforcement action if the final grading work is not completed at 5 Spring Road within the next 14 (fourteen) days. Unanimous.
New Business:
a. Richard Brown, 35 Salem Road. Proposed shed within a regulated area. Richard Brown presented the application for a 16’ X 10’ shed at 35 Salem Road. Mr. Brown stated that he would like to place the shed 75 feet from the pond because there is no other feasible location. Due to the grading of the new driveway for his daughter’s property, moving the shed further from the pond would place it within the swale for the rear property. The shed will be placed on gravel and could be moved if his existing septic system had to be replaced. J. Kaufman asked that Mr. Brown note the name of the pond (Ashe Pond) on the site plan. The commissioners were familiar with the property and felt a site walk was not necessary. Motion by J. Kaufman, seconded by D. Celotto to accept Application #06-09 of Richard Brown for a proposed shed at 35 Salem Road. Unanimous. Fees were paid in the amount of $140.00 and $30.00.
b. Dave Greer, 90 Cook Road. Transfer of Permit – Application #12-08. Dave Greer was in attendance and presented the commission with a Permit Transfer Letter/Assignment of Permit for property he has purchased from Arlene Gedraitis, 90 Cook Road. Mr. Greer stated that he has received a copy of the wetlands permit and is familiar with all of the conditions set forth in the permit. Motion by D. Celotto, seconded by J. Kaufman to approve the assignment of Permit #12-08 to David J. & Kelly A. Greer for property located at 90 Cook Road. Unanimous.
Public Participation:
Laura Urban of 30 Rockridge Terrace stated that she was told by the Land Use Office to come before the commission and review her plans for landscaping on her property that is within 100 feet of a wetlands area. She brought samples of the rock she is proposing to relocate on the property, provided photos of her property and described her landscaping plans. Ms. Urban stated that she has moved some of the red rock by hand but there is too much. There is a machine on her property now putting down topsoil for a new lawn and while the machine is at her property, she would like to scrape enough of the red rock to make landscaping easier. Ms. Urban felt that she shouldn’t need a permit for the proposed work. J. Kaufman stated that the red gravel Ms. Urban was referring to was actually red brick. J. Kaufman stated his concern that the commission would not want to see a large area of disturbance that caused sedimentation into the wetlands. Ms. Urban estimated that the material being removed would amount to approximately a quarter of a half-ton truck. She further stated that the rock would be removed and planting and mulching would take place immediately. The commissioners agreed that the landscaping would not require a wetlands permit.
New Business:
c. Add to Fee Schedule. Penalty for working within a regulated area without a permit. Set public hearing date. The commissioners discussed adding a penalty fee to the fee schedule for people working within a wetlands regulated area without a permit. The consensus was to have the Town Attorney give input as to how other towns handle this issue and have proposed wording and recommended fee amount for the commission to discuss at the next meeting and set a public hearing date. He suggested that if the commissioners bring any other suggestions for discussion to the next meeting as well. S. Sackter will ask Bill Donovan to contact the Town Attorney for input on the penalty fee. J. Kaufman stated that the Open Space Planning Committee was trying to schedule a joint meeting with the Planning & Zoning Commission and the Inland Wetlands Commission to present the proposed open space plan possibly the first week in May. J. Kaufman suggested that there may be areas of the open space plan that could be tied into the Inland Wetland Regulations.
d. Review of Regulations. No discussion was held
Public Hearings: None
Land Use Inspector’s Report:
William Donovan was not in attendance. C. Wentworth reported that in the area of Spring Road where commercial vehicles from Capital Heavy Hauling are exiting, the roadway is starting to collapse. It also appears that the guard rail on the northern corner has been driven over and there is a sign on the tree that Bill Donovan may want to inquire about. S. Sackter stated he would ask the Assistant Director of Public Works, Gene McCarthy, to look into the matter in Bill’s absence. A brief discussion was held on the letter received from AECOM Environment regarding the Algonquin Gas Line. C. Wentworth stated that the gas company may not always be on top of what their subcontractors are doing, noting a previous event with AT&T because of an outside contractor. J. Kaufman agreed that the gas company should let Bill Donovan know when the work is being done so that the commissioners could observe the work.
Motion by C. Wentworth seconded by J. Kaufman to adjourn at 8:12 p.m.
Stephen Sackter, Chairman