Board Members Present: Stephen Sackter, John Kaufman, Charles Wentworth, Stephen Mulhall & David Celotto
Alternate Members Present: David Michaud & Anthony Dorso
Absent Members: Lisa Mason (Alt.)
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.
Approval of Minutes:
Motion by S. Mulhall seconded by D. Celotto to approve the minutes of the June 22, 2009 meeting as amended. 4 votes in favor/J. Kaufman abstained. Motion Carried.
Communications:
1) Connecticut Federation of Lakes Newsletter – July 2009; 2) Connecticut Association of Conservation and Inland Wetlands Commissions, Inc. – “The Habitat” Spring 2009; 3) Prospect Building Inspector’s Report – June 2009
Old Business:
a. Prospect Estates Subdivision. Modification to Approved Permit – Lot 5 & 6 Stream Crossing. A site walk was held on July 6, 2009. Scott Poryanda of Connecticut Consulting Engineers presented a revised plan showing the location of the plunge pool 35 feet from the flared end section instead of directly after the flared end section (of the plunge pool) as discussed at the site walk. J. Kaufman questioned Mr. Poryanda on the proposed size and location of the plunge pool and level spreader and requested that the path of the plunge pool be extended on an angle towards the level spreader. J. Kaufman also stated that the width of the level spreader should be increased to a minimum of three feet wide. Comments were placed on file from Land-Tech Consultants, Inc., dated July 10, 2009 and the South Central Connecticut Regional Water Authority dated July 22, 2009. Mr. Poryanda was asked to address comments from the SCCRWA regarding the riprap swale on the west side of the crossing acting as a drain and reducing the wetlands. Mr. Poryanda explained the reason for the swale and J. Kaufman stated that there is sufficient stone under the driveway to allow water to flow under the driveway to the downside slope. J. Kaufman further explained that in effect, water is being picked up on the uphill side of the drain, putting it through the pipe and then out and to the plunge pool, redistributing what was picked up and bringing it down. S. Sackter also noted the SCCRWA’s recommendation for a conservation easement over the wetlands and an appropriate buffer (at least 50-feet from the wetland lines) on Lots 5 and 6. Mr. Poryanda stated that there wouldn’t be a problem with putting a conservation easement on all the wetlands. J. Kaufman stated that the dimensions of the wetlands should be noted on the revised plan for the conservation easement area and that the conservation easements would need to be noted on the deeds for the two lots. W. Donovan asked for clarification of what an appropriate wetlands buffer would be for the two lots and still allowing the property owner to have a front yard. S. Sackter asked when the developer would clean up the wood chips and Mr. Poryanda stated that the developer did not want to do any additional work in that area until the commission was satisfied with the modifications. Mr. Poryanda was asked to submit a revised plan addressing the changes as discussed for the August 10th meeting. J. Kaufman asked Mr. Poryanda about the data that would be provided with the installation of the stand pipes that he agreed to install. Mr. Poryanda stated that there was no bench mark as to what was occurring previously, but that monitoring can be done from this point on.
Enforcements:
7:40 Enforcement Hearing: Herminio Nunes, 41 Juggernaut Road. W. Donovan read the Cease and Desist enforcement letter dated July 17, 2009 regarding removal of the storage building on the southerly side of the property. Herminio Nunes was in attendance and stated that he had every intention to move the shed when he last appeared before the commission, however, it turned to be a costly venture and due to personal circumstances he could not afford to move it. Mr. Nunes stated that the shed is detached and on blocks. The commissioners discussed the possibility of Mr. Nunes tearing down the building, but Mr. Nunes stated he couldn’t afford that option either. C. Wentworth suggested selling the shed and including the cost for moving it with the sale. Mr. Nunes agreed to advertise the storage building for sale in two different papers. W. Donovan stated he felt the commission should give Mr. Nunes time to show that he is making an honest effort to rectify the situation and suggested that Mr. Nunes come back to the commission at the first meeting in September with an update. All were in agreement.
Old Business:
b. Application #07-09 – Michael Lynch, 27 Luke Street. Proposed shed within a regulated area. Mr. Lynch was not available for tonight’s meeting and requested that discussion of his application be postponed to the August 11, 2009 meeting.
Motion by C. Wentworth, seconded by S. Mulhall to add “CRT Realty” to the agenda under “Old Business” for discussion of modifications to the approved Inland Wetlands Permit for Knollwood Place Subdivision. Unanimous.
Jeff Slapikas of CRT Realty LLC stated that he was asked to explain for the commission a modification to the approved inland wetlands permit regarding a small stone swale with a diverter that was installed to catch ground water that wasn’t getting to a detention basin. Mr. Slapikas explained that the runoff was put into drainage on the street per the request of the Town’s Assistant Director of Public Works, Gene McCarthy, noting that if the water sits at the berm and gets down under the road it would cause problems for the Town with the road. Jim Ashe of Ashe Construction explained that the approved curtain drain designed to keep the water from getting under the road would not work. After a year’s time, the curtain drain would get clogged up and overflow the road. Mr. Ashe stated that the design wasn’t really changed, but that a flared end was put in to grab the overflow of water. C. Wentworth stated that it was put into a storm basin which he has observed to be working fine. S. Sackter stated that the area is a watershed area and asked that Mr. Slapikas provide a plan for the South Central Connecticut Regional Water Authority for their review. Mr. Slapikas stated that he would get a plan to W. Donovan for referral to the water authority. W. Donovan asked how much water gets into the upper basin with heavy rains. Mr. Ashe stated that approximately six inches of water was in the basin with a recent storm. Mr. Slapikas further commented that they are not diverting water, they are simply draining water that previously would sit in the swale. S. Sackter stated that if the water authority had no concerns, the IWC would just need a revised plan on file.
c. Application #08-09 – Robert & Richele Gugliotti, 92 Straitsville Road. Septic system and drainage within a regulated area. A site walk was held on July 6, 2009. Mr. & Mrs. Gugliotti were in attendance. S. Sackter stated that John Schieffer of Prospect Excavation was at the site walk and reviewed the area where he would be replacing two broken pipes and adding a third one. Two of the pipes go under a right of way to the abutting property at 90 Straitsville Road. The abutting property owner gave his permission for the pipes to be replaced. The Gugliottis are still waiting for a letter from the neighbor giving permission in writing for the work to be done. The commissioners determined that the abutting property owner needs to fill out an application for the replacement of the two pipes on that property. W. Donovan noted that Mr. & Mrs. Gugliotti were waiting on inland wetlands approval to finalize approval of grant money in order for the work to get started with the septic repairs. The commissioners agreed that W. Donovan acting as agent for the IWC could grant approval for the abutting owner’s application. The commissioners also acknowledged that there would be a delay in the payment of the application fees until the final grant approval. Motion by S. Mulhall, seconded by D. Celotto to approve Application #08-09 of Robert & Richele Gugliotti for repair/replacement of the septic system for property located at 92 Straitsville Road and authorize W. Donovan as agent for the IWC to grant the approval for replacement of the two drainage pipes for property located at 90 Straitsville Road as presented. Unanimous.
New Business:
a. O & G Industries, Inc., Salem & Spring Roads. Application for modification to the overall mining and reclamation plan for Prospect quarry. Ken Faroni, Director of Planning & Zoning for O & G Industries, presented the application for a modification to the original mining and reclamation plan for the O & G quarry located at Spring and Salem Road. The plan calls for encroaching on a small portion of wetlands. Mr. Faroni stated that approximately 4000 square feet would be affected. Submitted with the application was: 1) Letter dated July 2, 2009 from Connecticut Ecosystems, LLC, regarding an assessment of the wetland type, value and function in relation to the final grading plan; 2) Letter dated July 8, 2009 from Vet’s Explosives, Inc., describing the blasting methodologies to be employed where mining approaches the wetland area and the permanent rock face that will be developed at the interface with the vernal pool; 3) Plan entitled “Topographic Map of the Prospect Quarry Site – Long Term Final Grading Plan O & G Industries, Inc. Salem Road, Prospect, Connecticut” dated July 9, 2009; 4) Plan with narrative entitled “ Prospect Quarry Site Long Term Reclamation Plan” dated January 2006; and 5) Plan entitled “Data Accumulation Plan Prospect Quarry Site Prepared for: O & G Industries Salem Road Prospect, Connecticut dated March 1, 2004. A site walk was scheduled for August 4, 2009 at 4:30 p.m. with a rain date of August 5, 2009. Motion by S. Mulhall, seconded by D. Celotto to accept Application #09-09 of O & G Industries, Inc., for a modification to the overall mining and reclamation plan for the quarry located at Salem & Spring Roads. Unanimous.
b. Town of Prospect, New Haven Road (Route 69) & Talmadge Hill Road. Proposed drainage improvements. Bill Donovan presented the application on behalf of the Town of Prospect stating that the proposed work would be taking place on Talmadge Hill Road between Skyline Drive and Route 69. The work would consist of lowering the existing 15” pipe near Fusco Field and extending it to the westerly side of Talmadge Hill Road to #91. The Mayor feels the work will upgrade the present water drainage system and reduce the amount of sedimentation being deposited into the wetlands. Motion by J. Kaufman, seconded by S. Mulhall to accept Application #10-09 of the Town of Prospect for proposed drainage improvements on Talmadge Hill Road between New Haven Road (Route 69) and Skyline Drive and waive the fees. Unanimous.
Public Hearings: None
Public Participation: None
Land Use Inspector’s Report:
W. Donovan stated that the Town Council recently held a public hearing regarding a fine ordinance for the IWC. The Town Council is asking for clarification in the language as to who the inland wetlands “agent” is. W. Donovan noted that the regulations currently designate the Land Use Officer as the agent and suggested amending the wording for the ordinance to: “…the Town of Prospect hereby establishes penalties for violation of its wetlands Regulations and further designates the Prospect Land Use Enforcement Officer as the Agent of the Prospect IWC and authorizes the agent (the Wetlands Agent or “Agent”) to issue citations therefore..”. J. Kaufman asked for an update on the Brundage property on Plank Road. W. Donovan stated that he and S. Sackter both spoke with the Mayor who indicated that Gene McCarthy would check to see if the pipe is a perforated pipe. Based on Chesprocott’s finding that there is “ likelihood of septic intrusion” the commissioners are concerned with the potential pollution into the wetlands. W. Donovan will send a more formal letter to the Mayor regarding the health issue.
Motion by S. Mulhall, seconded by C. Wentworth to adjourn at 8:45 p.m. Unanimous.
Stephen Sackter, Chairman