Board Members Present: Stephen Sackter, Charles Wentworth, David Celotto & Stephen Mulhall (7:07)
Alternate Members Present: None
Absent Members: John Kaufman, David Michaud (Alt.), 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 7:03 p.m. The meeting was taped.
Approval of Minutes: Motion by D. Celotto seconded by C. Wentworth to approve the minutes of the November 24, 2008 meeting as presented. Unanimous.
Communications:
1) Connecticut Federation of Lakes, Inc, - “CFL News”, December 2008.
2) Town of Prospect IWC Proposed Budget Request for Fiscal Year 2009-2010.
3) Connecticut Association of Conservation & Inland Wetlands Commissions, Inc. – “The Habitat” Fall 2008.
4) Prospect Building Inspector’s Report – December 2008.
The order of business was changed to consider the transfer of permits under “New Business” at the beginning of the meeting.
New Business:
a. Application #13-05 – Finno Development, Inc., Country Hills Estates Subdivision. Transfer of Permit. Attorney Edward Duffy represented Finno Development, Inc., stating that the development on Cook Road is being sold to AA Denorfia Building & Development, LLC, and that a Permit Transfer Letter/Assignment of Permit has been submitted dated December 11, 2008. Anthony Denorfia of AA Denorfia Building & Development was in attendance and stated that he is most anxious to take on this project. Mr. Denorfia presented the commission with a partial list of development projects his company has performed from 1981 – 2008. The commissioners reviewed the permit with Mr. Denorfia who indicated that he has read the permit and understands all of the conditions. C. Wentworth asked Mr. Denorfia if he would grant permission for the commission members to be on site to observe the work being performed. Mr. Denorfia stated he had no objections to the commission members being on site. C. Wentworth asked if there would be an office on site. Mr. Denorfia indicated that he works out of his office in Southington; however he is undertaking the building of the homes with this development and expects to be on site every day. C. Wentworth asked if Phase II would be developed anytime in the near future. Mr. Denorfia responded that with the economy these days, he doesn’t foresee beginning Phase II any time soon. W. Donovan stated for the record that Mr. Finno would still be working on site as well as he has contracted to build a couple of homes. The transfer of permit was approved.
b. Application #03-04 – Prospect Estates, LLC, Prospect Estates Subdivision. Transfer of Permit. Jad Harb, of Harb Developers, LLC, was in attendance and stated that they have recently acquired five lots from Nutmeg Investments, LLC. A Permit Transfer Letter/Assignment of Permit has been submitted and Mr. Harb stated that his company would comply with the requirements as noted in the permit. Mr. Harb questioned the expiration date of February 14, 2009 noting that the permit was issued for five years from February 2005. W. Donovan clarified that the correct expiration date of the permit is February 14, 2010. W. Donovan asked Mr. Harb to schedule work being done at the driveways for lots 5 & 6 all at the same time due to issues with potential high water from the Roaring Brook. S. Sackter asked whether the commissioners would be permitted to be on site to observe the work being done. Mr. Harb stated that the commissioners were welcome to be on site at any time and that prior notification would not be necessary. C. Wentworth noted that as soon as the weather breaks, the entire area of the model home (lot 3) needs to be stabilized before the Spring rain. W. Donovan noted that the sediment in and around the cul-de-sac needs to be cleaned as well and that the area should be kept as clean as possible throughout construction. There was no further discussion. The transfer of permit was approved.
Old Business:
a. Application #13-08 – Town of Prospect Park & Recreation, 21 Cheshire Road. Proposed dog park within a regulated area. W. Donovan reported that the Town has not had the property surveyed to date and due to inclement weather he wasn’t sure when it would take place. S. Sackter stated that he recalled reading that the proposed dog park was put on hold until the following budget. Motion by C. Wentworth, seconded by S. Mulhall to deny Application #13-08 of the Town of Prospect for a proposed dog park without prejudice. Unanimous.
b. Application #15-08 – Cathy Santoro, 38 Blue Trail Drive. Septic system and grading within a regulated area. Chairman S. Sackter stated that the site walk scheduled for January 10th was cancelled due to the weather. The site walk was re-scheduled for January 24, 2009 at 9:00 a.m.
c. Application #16-08 – Janet Messina Skrip, 3 Arbor Meadow Drive. Deck within a regulated area. The site walk scheduled for January 10th was cancelled due to the weather. The commissioners re-scheduled a site walk for January 24, 2009 at 9:30 a.m.
Enforcements:
a. Jeffrey & Jennifer 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 in attendance and stated that not much has changed with the conditions at the property due to the weather. Mr. Andrews has confirmed with his contractor that as soon as the weather breaks, the stabilization work will be completed. Ed the Treeman has taken trees down and cleaned up some of the dead trees that fell over the silt fence. Mr. Andrews fixed what he could of the silt fencing before the snow. The work is expected to be started in March. W. Donovan will continue to keep an eye on the property.
b. 7:35 p.m. – William Brundage & Brenda Nadeau, 143 Plank Road. Activities in a regulated area without a permit. The property owners were not present at the start of the hearing. W. Donovan stated that Brenda Nadeau had submitted an application to him today for work that has pretty much already been completed at her property. Ms. Nadeau indicated to Bill that the property over the years has gotten wetter and wetter so that even the leaching fields have been under water. She and her husband thought that clearing trees and grading might help the situation. Bill stated that the clearing done was easily within the 100-foot wetlands buffer. Brenda Nadeau arrived at the hearing and submitted pictures of what her property looks like after rainstorms. Ms. Nadeau described her property and the location of a Town storm drain that diverted water from the street to her back yard. The discharge from the storm drain has increased the amount of water that accumulates on the property diminishing the amount of useable property. Ms. Nadeau further stated that 13 trees and 22 stumps were removed with the intent of allowing more sunlight to help dry it up. The trees that were removed were mostly swamp maples that were hollow and dying already. W. Donovan stated that Chesprocott was concerned that the activity on the property may be contributing to septic pollution into the nearby brook. Ms. Nadeau was asked if she or her husband had spoken with any Town representative recently regarding the storm drainage issues. Ms Nadeau stated they had not. Chesprocott had indicated to the property owners that the leaching fields could not be moved because they wouldn’t be able to meet the health code regulations. Ms. Nadeau stated that they just want to be able to use their back yard. The commissioners will schedule a site walk at the next regular meeting. The Cease & Desist order will remain in effect until the next meeting.
New Business:
c. Review & Discuss Inland Wetlands Commission Ordinance. W. Donovan distributed copies of the proposed “Ordinance Establishing Fines and Citation Procedure for Wetlands Violations”. A brief discussion was held. W. Donovan suggested that the commissioners review the proposed ordinance and get back to him with any questions prior to the next scheduled meeting. The ordinance needs to be submitted to the Prospect Town Council for approval. Further discussion will be held at the next IWC meeting.
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report: W. Donovan stated that he had received a letter from Earl and Jean Reilly, Union City Road, stating their satisfaction with the forebay. Bill will send a letter to the Boulder Brook Homeowners’ Association. Bill stated that the commissioners will need to act on proposed budget numbers at the next meeting. He will have updated amounts as to what has been spent to date for the current budget. Traci Nix, as the property owner of 181 Union City Road, formerly Jeremy August’s property, has sent a check to the Town Attorney to cover the Town’s legal fees accrued as a result of enforcement action against Jeremy August. The attorney has sent a release form for Bill to sign indicating that once the check is accepted, the commissioners are in agreement that the work at that location has met their satisfaction. Ms. Nix is asking for confirmation in writing that the town will not pursue any additional enforcement actions towards her property in its’ current condition. Once the release is signed the Town’s attorney will forward the check for deposit. Bill explained that if any additional work were started, the release would not apply. The commissioners discussed the work done on the driveway. Bill stated that he doesn’t believe the work has any impact on the wetlands. The commissioners agreed that they were satisfied with the work that had been completed and would watch for any new activity.
Motion by S. Mulhall, seconded by D. Celotto to adjourn at 8:25 p.m. Unanimous.
Stephen Sackter, Chairman