Board Members Present: Stephen Sackter, John Kaufman, Charles Wentworth & David Celotto
Alternate Members Present: David Michaud
Absent Members: Stephen Mulhall, Lisa Mason & Anthony Dorso
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: No action taken.
Communications:
1) Prospect Building Inspector’s Report – July 2009; 2) Connecticut Association of Conservation and Inland Wetlands Commissions, Inc. – Membership Application 7/1/09 – 6/30/10.
Old Business:
a. HarbDevelopers, LLC, Prospect Estates Subdivision. Modification to Approved Permit – Lot 5 & 6 Stream Crossing. Scott Poryanda of Connecticut Consulting Engineers represented the applicant and submitted revised plans to incorporate discussion from the last meeting. The plans now show the proper depiction of the level spreader, the proposed monitoring pipes with details of how the monitoring will be taking place and also the wetlands seeding mixture as requested. Page 2 of the plan shows the proposed conservation easement as recommended by the SCCRWA and the location of the proposed houses. S. Sackter questioned Mr. Poryanda regarding the water authority’s suggestion to eliminate the level spreader. Mr. Poryada stated that in his opinion and as discussed and corroborated by J. Kaufman at the last meeting, he felt it would be best to leave the level spreader as proposed. J. Kaufman asked if the conservation easement would be part of the town drainage, consequently needing the Town to maintain. Mr. Poryanda stated that a drainage easement could be a part of the property deed, however, once the site is stabilized and built out, there wouldn’t be much maintenance required. W. Donovan asked if there is currently a drainage easement on the property. Mr. Poryanda stated that there is a prescriptive right for the Town to go in and maintain the drainage. W. Donovan suggested that it should be noted in the conservation restrictions that the Town has the right if necessary to go onto the property, but that he would want to make clear that it is the homeowner’s responsibility to maintain the property. J. Kaufman asked the width of the level spreader. Mr. Poryanda stated that the level spreader is 4 feet wide. J. Kaufman asked Mr. Poryanda to show on the plans where the level of the water would reach before going over the concrete pad to the level spreader. J. Kaufman felt that filter fabric should be installed under the plunge pool up to the level spreader. Mr. Poryanda did not feel that filter fabric was necessary to keep soil from becoming unstable, but if the commission wanted the filter fabric, it could be installed. W. Donovan asked if a filter fabric is consistent with the ground water intrusion on this property. Mr. Poryanda stated that from an engineering point of view he did not see any drawbacks to installing the fabric. The filter fabric was drawn on the plan and initialed by Mr. Poryanda. Mr. Poryanda reviewed the monitoring of the stand pipes. J. Kaufman requested that results be sent on a monthly basis for the first quarter and then once every quarter thereafter. Mr. Poryanda agreed. Motion by D. Celotto, seconded by J. Kaufman to approve the modification to Application #03-04 of Harb Developers, LLC, for Prospect Estates Subdivision Lots 5 & 6 Stream Crossing as shown on site plan entitled “Wetlands Driveway Crossing As-Built” dated 6/18/09 with latest revision date of 8/7/09 and as modified and initialed by the engineer to show where filter fabric will be placed within the proposed rip-rap swale. 4 votes in favor/C. Wentworth abstained. Motion Carried.
b. Application #07-09 – Michael Lynch, 27 Luke Street. Proposed shed within a regulated area. Michael Lynch was in attendance and submitted a plot plan shifting the proposed detached building further from the wetlands as requested at the site walk held on July 6, 2009. Mr. Lynch stated that he feels he has moved it sufficiently further from the wetlands. W. Donovan asked how far the new location is from the wetlands. Mr. Lynch stated it was 13 feet from the wetlands but a total of 34 feet from the stream. The previous proposal was right on the wetlands flag. J. Kaufman asked what Mr. Lynch’s objection was to moving the proposed building further. Mr. Lynch stated he wanted to be able to see the building from the driveway. J. Kaufman stated concerns with the proposed building being only 13 feet from the wetland boundary noting issues with rain runoff from the roof and being so close to the brook. Mr. Lynch stated that if there was a major storm, there is a pond that could act as a settling pond. J. Kaufman stated the commission wouldn’t want to see a reasonably clear and pristine pond turned into a sedimentation pond. Mr. Lynch stated that the area is clear now and doesn’t feel that there would be any additional impact. D. Celotto asked if gutters were planned. Mr. Lynch stated he wasn’t planning gutters. C. Wentworth asked if a splash apron could be installed. Mr. Lynch stated he could put 2 feet of stone around the building to catch the water runoff. J. Kaufman stated that he would prefer to see the proposed building at least 50 feet away from the wetlands with stone around it giving the water a chance to go into the ground. Mr. Lynch stated he would not be opposed to putting the stone around the building. D. Michaud referred to the soils scientist report stating that if the soils scientist stated there wouldn’t be an impact he would be o.k. with the proposed location. S. Sackter and C. Wentworth stated they were in agreement with J. Kaufman preferring the building to be at least 50 feet from the brook with a stone splash pad. D. Michaud suggested that Mr. Lynch have his soils scientist give an opinion regarding any potential impact on the wetlands. J. Kaufman further suggested that Mr. Lynch consider piping the runoff to a storm drain. Mr. Lynch agreed to grant a 35-40 day extension for a decision by the commission in order to allow time for him to present an opinion from the soils scientist regarding the proposed location of the building and any potential impact to the wetlands.
c. Application #09-09 – O & G Industries, Inc., Salem & Spring Roads. Application for modifications to the overall mining & reclamation plan for Prospect quarry. A site walk was held on August 4, 2009. Ken Faroni of O & G Industries was in attendance and stated that the appropriate fees have been paid. Mr. Faroni also provided a copy of the transmittal of a set of plans provided to the Prospect Conservation Commission dated August 5, 2009. The Connecticut Water Company has indicated to Mr. Faroni that they are willing to allow Connecticut Association of Wildlife Scientists to be on site and monitor the vernal pool as discussed on the site walk. Mr. Faroni will provide the commission with any findings. S. Sackter asked Mr. Faroni if the proposed area for replacing the wetlands could be determined at a later time. Mr. Faroni stated that would not be a problem. W. Donovan asked Mr. Faroni to review with the commission where the work being proposed falls into place with the reclamation plan. Motion by J. Kaufman, seconded by C. Wentworth to approve Application #09-09 of O & G Industries, Inc., for modifications to the overall mining and reclamation plan for the Prospect quarry located at Salem & Spring Roads as presented. Unanimous.
d. Application #10-09 – Town of Prospect, New Haven Road (Rte.69) & Talmadge Hill Road. Proposed drainage improvements. Mayor Robert Chatfield was in attendance and described the proposed drainage work on the lower end of Talmadge Hill Road in the area of the Little League Field. Notification was sent to the Connecticut Water Company and the Connecticut Department of Public Health. Mayor Chatfield stated that the work would be in keeping with updating the Town’s drainage plan and that it will help reduce sedimentation in the area. There was no additional discussion. Motion by C. Wentworth, seconded by D. Celotto to approve Application #10-09 of the Town of Prospect for drainage improvements on Talmadge Hill Road between New Haven Road (Rte. 69) and Skyline Drive. Unanimous.
S. Sackter asked Mayor Chatfield to update the commission regarding the Brundage property on Plank Road. Mayor Chatfield stated that Gene McCarthy, Assistant Director of Public Works, was going to put a camera in the pipe to see if it was a solid or perforated pipe. If the pipe is not a solid pipe, the Town will be replace it. J. Kaufman asked if it could be determined whether the problems are occurring before the water gets to the Brundage property or after it enters the property. There was no information available to determine whether testing was conducted prior to water entering the property.
Enforcements:
a. Herminio Nunes, 41 Juggernaut Road. Shed within a regulated area without a permit. No discussion was held.
New Business:
a. Clifford & Shawn Baumann – 10 Juggernaut Road. Clearing upland area for the raising and caring of horses as a permitted use as of right. Clifford & Shawn Baumann were in attendance. W. Donovan explained that Mr. & Mrs. Baumann recently extended their property on Juggernaut Road and are now trying to get their horses located in a place that is healthy and safe. They are working in an upland area and under the State definition of Agriculture and Farming, farming includes the care and feeding of horses. Under the “Uses by Right” in the regulations agriculture is a use by right. W. Donovan has visited the site and asked the Baumanns to come before the commission to answer any questions the commissioners may have. J. Kaufman asked how close the manure pile would be to any wetlands. Mr. Baumann stated that the manure is stored in a dumpster and hauled off site on a weekly basis. The commission determined that the activities are outside of the regulated areas. The Baumanns reviewed an area on the property where they would like to eventually install a fire/agricultural pond. The Baumanns were told that the pond would be a regulated activity and an application would be required. W. Donovan noted that he advised the Baumanns that some of the clearing is within the 100 foot regulated area and that they should appear before the IWC to bring the commission up to date with the activities.
Public Hearings:
a. 8:15 p.m. – Proposed Amendments to the Inland Wetlands & Watercourse Regulations and Fee Schedule. S. Sackter called the public hearing to order at 8:15 p.m. and read the legal notice as it appeared in the Waterbury Republican on July 30, 2009 & August 6, 2009. It was noted that the D.E.P. was notified. W. Donovan explained the two proposed changes to the regulations. The first would be a change to existing Section 9.0 to add Section 9.3 requiring applicants to notify abutting property owners of a scheduled public hearing. There was no discussion and no one from the public in attendance. Motion by C. Wentworth, seconded by D. Michaud to approve an amendment to the Inland Wetlands & Watercourse Regulations to add Section 9.3 requiring an applicant to notify abutting property owners of a public hearing as presented. Unanimous. W. Donovan stated that the second amendment would be to add to the fee schedule a $200.00 fee per activity for those regulated activities that have already taken place or are in the process of taking place without a required permit. W. Donovan explained that this fee is not a fine but an additional cost to cover additional administrative and enforcement work by Land Use Officer. Any applicant affected by this added fee has the right under the current regulations to ask for a waiver of any fee, including this new proposed fee. J. Kaufman asked for clarification on additional fees for cost of reviewing complex applications and mitigation. W. Donovan confirmed that such additional fees are already a part of the regulations. There was no further discussion and no one from the public in attendance. Motion by D. Michaud, seconded by D. Celotto to approve an amendment to the Inland Wetlands & Watercourse Regulations Fee Schedule to add a $200.00 fee per regulated activity for regulated activities that have occurred or are taking place without a required permit as presented and set an effective date of September 1, 2009 for both amendments. Unanimous. The hearing was closed at 8:26 p.m.
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report:
W. Donovan stated that he had received an application from Frank Atwood, 90 Straitsville Road, for the drainage work associated with Application #08-09 of the Gugliotti’s at 92 Straitsville Road. Bill stated that he had granted an agent approval as discussed at the previous meeting. The application is to replace two existing storm drains under the driveway. There will need to be silt fencing while the work is being conducted, but there is no immediate threat to the wetlands. W. Donovan stated that he contacted a company that lifts buildings and heavy equipment to get an opinion on moving the shed at the Nunes property on Juggernaut Road. After visiting the site, the company representative stated that it would be costly to move the building due to overhead power lines. He felt the best way would be to disassemble the building to remove it which could run between $2,500.00-$3,000.00. A controlled burn was discussed, unfortunately the power lines and two large trees would prohibit that option as well. Mr. Nunes will be asked to be at the next meeting to update the commission.
Motion by D. Celotto seconded by D. Michaud to adjourn at 8:35 p.m. Unanimous.
Stephen Sackter, Chairman