Board Members Present: Stephen Sackter, John Kaufman, Stephen Mulhall & David Celotto
Alternate Members Present: Lisa Mason, Anthony Dorso & David Michaud
Absent Members: Charles Wentworth
Others Present: William Donovan – Land Use Inspector & Diane Lauber – Clerk
Chairman S. Sackter called the meeting to order at 7:01 p.m. The meeting was taped. Lisa Mason was seated for C. Wentworth.
Approval of Minutes:
Motion by L. Mason seconded by D. Celotto to approve the minutes of the March 9, 2009 meeting as presented. 3 votes in favor/J. Kaufman & L. Mason abstained. Motion Carried.
Communications:
1. Connecticut Association of Conservation & Inland Wetlands Commissions, Inc. – “The Habitat”, Winter 2009.
Old Business:
a. Application #02-09 – Connwood Foresters, Inc., 120 New Haven Road. Commercial Timber Harvesting within a Regulated Area. There were no additional comments. Motion by D. Celotto, seconded by S. Mulhall to approve Application #02-09 of Connwood Foresters, Inc., for timber harvesting within a regulated area for property owned by the Connecticut Water Company located at 120 New Haven Road. Unanimous.
b. Application #01-09 – William Brundage & Brenda Nadeau, 143 Plank Road. Landscaping/tree removal within an upland review area. S. Sackter read a letter dated March 19, 2008 from Bill Brundage granting a 65-day extension of time for rendering a decision on this application.
Enforcements:
a. William Brundage & Brenda Nadeau, 143 Plank Road. Activities in a regulated area without a permit. S. Sackter and Bill Donovan visited the property and the property owners haven’t touched a thing. S. Sackter stated that he feels the piled brush should be allowed to be cleaned up. The commissioners discussed visiting the site. A site walk was scheduled for Tuesday, March 31, 2009 at 5:00 p.m. with a rain date of April 6, 2009 at 5:00 p.m.
New Business:
a. Mark & Tammy Deloia, 14 Dorothy Avenue. Repair/replacement of septic system within a regulated area. Tammy Deloia stated that a recent septic inspection showed that their septic system is failing. Mrs. Deloia submitted a report from Chesprocott and reviewed the proposed replacement plan. The old system is located 35 feet from the wetlands. The proposed new system would be 65 feet from the wetlands, uphill and in better soil. The old tank which is 65 feet from the existing well will be eliminated and the new tank will be located 75 feet from the existing well. Superior Sanitation located in Wolcott will be doing the work. Bill Donovan stated that he had visited the property and reviewed for the commissioners the wetlands in the area. Motion by S. Mulhall, seconded by D. Celotto to accept Application #03-09 of Mark & Tammy Deloia for replacement of a septic system within a regulated area as presented. Unanimous. Motion by J. Kaufman, seconded by S. Mulhall to allow Bill Donovan as agent for the IWC to grant the approval for the proposed replacement of the septic system at 14 Dorothy Avenue since the new system would be located further from the wetlands and there is no brook nearby. Unanimous. The commissioners will vote at the next regular meeting to ratify the approval.
b. Elaine Schieffer, 133 Cook Road. Review of proposed re-subdivision plan – Schieffer Woods. Paul Reynolds, professional land surveyor with Stone Wall Boundaries, LLC, represented the applicant and stated that he is requesting that a report to be sent to the Planning & Zoning Commission stating that there are no wetlands or regulated activities on a proposed re-subdivision lot at 133 Cook Road. Mr. Reynolds indicated that Elaine Schieffer has an existing house on the property and is splitting out one building lot. A soils report prepared by James Sipperly, certified soil scientist, dated March 9, 2009 was submitted stating that there are no inland wetlands and watercourses located on the site. S. Sackter stated that he and W. Donovan visited the site and confirmed that there are no wetlands in the area of the subdivision. Motion by J. Kaufman, seconded by L. Mason to send a letter to the Planning & Zoning Commission advising them that there are no regulated activities for the proposed re-subdivision as shown on map entitled “Schieffer Woods Re-subdivision, Land of Elaine Schieffer – 133 Cook Road”. Unanimous. W. Donovan will prepare the letter to be sent to the Planning & Zoning Commission.
c. Linda M. Ploski, Trustee et al, 99 Union City Road. Drainage facilities within a regulated area. S. Sackter read a letter dated March 24, 2009 signed by the owners of 99 Union City Road requesting that J. Kaufman recuse himself on this application stating that he is a member of the Prospect Land Trust and in the applicants’ opinion J. Kaufman “was on record opposed to the industrial subdivision” and “His objectivity on the matter is clearly in question and a conflict is also clear.” The letter further states that Gregory Ploski would be representing the property owners and disclosing that Mr. Ploski is an elected member of the Planning & Zoning Commission. J. Kaufman agreed to recuse himself but stated for the record that he is not a member of the Prospect Land Trust and he is not opposed to an industrial subdivision, but brought out safeguards that he felt should be in place. D. Michaud was seated in place of J. Kaufman for the remainder of the meeting. Roland Desrosiers, land surveyor and planner, described the proposed construction of two detention basins and the riprap discharge within the 100-foot setback as well as filling and grading of 403 square feet of a small depressed wetland area shown on the map as wetland flag #88 through #92. Mr. Desrosiers explained that the application was originally brought in as a paper subdivision being divided up so the owners could each get parcels into ownership. Through the Planning & Zoning processing the project evolved into a major subdivision itself and now they need to install drainage and put in the detention basins to contain runoff from the road. In an effort to help out the owner of Lease Area 4, the applicant is now proposing to reduce the size of the original detention basin by using a new drainage design called the “StormTech Detention Retention/Recharge” which is basically underground storage. Mr. Desrosiers presented the commission with a brochure and described how the design works. The plan now reduces the size of the larger basin. L. Mason asked where this design could be looked at. Mr. Desrosiers stated that Big Y and CVS in Naugatuck use the StormTech design and it may also be at the Crosspoint North Plaza in Prospect. During the Planning & Zoning processing, property owners on Gramar Avenue requested a review of the water that flows from this property towards Gramar Avenue. Based on the review of the water flow from this property and comments from the Connecticut Water Company, a grass swale is proposed to contain the discharge from 99 Union City Road at Lease Area 5 and help to slow the flow towards Gramar Avenue. S. Sackter questioned the steep slopes on lots 2 & 4. Mr. Desrosiers reviewed the erosion control plans for the steep slopes and described the installation of the erosion control blankets. Fees were set and paid in the amount of $790.00 and $30.00. Motion by S. Mulhall, seconded by L. Mason to accept Application #04-09 of Linda M. Kelly, Trustee, Et Al for drainage facilities within a regulated area for property located at 99 Union City Road with the recommendation to schedule a site walk. Unanimous. A site walk was scheduled for March 31, 2009 at 5:30 p.m. with a rain date of April 6th at 5:30 p.m.
Public Hearings: None
Public Participation:
W. Donovan stated that Mark Southard of 17R Salem Road had submitted an application on Friday after the agenda had been filed. Mr. Southard was represented by Roland Desrosiers who stated that the IWC had previously denied a driveway from Straitsville Road to access this property. Subsequently, the property has been revised and the access is now coming from Salem Road. The application process was started in 2006 when the regulation setbacks were 75 feet from a regulated area. The plan has not been changed to reflect the current 100-foot setback. The driveway was installed last fall and a small portion of the driveway is within 100 feet of the wetland area. The house is being proposed for 92 feet from the wetlands. The septic system is not within a regulated area. Mr. Southard has ordered a pre-fab house and wants to have the foundation ready. Digging has already started; as Mr. Southard didn’t realize he needed wetlands permit to do the foundation. Approximately half of the digging for the foundation has been completed. A site walk was scheduled for March 31, 2009 at 6:00 p.m. with a rain date of April 6th at 6:00 p.m. Fees were set and paid in the amount of $215.00 and $30.00. Motion by S. Mulhall, seconded by D. Celotto to accept Application #05-09 of Mark & Marlane Southard for a proposed new house within a regulated area for property located at 17R Salem Road with the recommendation to schedule a site walk. Unanimous. Mr. Desrosiers asked the commissioners to consider at the site walk whether installation of the foundation could continue prior to the next meeting of the IWC. W. Donovan explained that at the site walk the commissioners could determine that the work can go forward if it is likely that there will be no direct impact to the wetlands.
Land Use Inspector’s Report:
Discussion was held on when and in what instances commissioners should recuse themselves from participating in discussions on applications. Bill Donovan commented that it is the integrity of the commission that comes into question. Bill reported that the necessary paperwork has been forwarded to the Town Attorney for the release of the $5,000.00 bond for Anthony Dorso and renewal of the $15,000.00 bond for Larry Farrell, Summit Woods Subdivision, is in place. Bill stated that he will be visiting the Andrews property on Spring Road prior to the next meeting and if things are not progressing as the commission wanted, Mr. Andrews would be asked to attend the next meeting. Jim Warren, Capital Heavy Hauling, has purchased the property in Naugatuck which abuts Jeremy August’s property on Spring Road. Mr. Warren has submitted a plan to the Town of Naugatuck for an industrial park. Bill indicated that he has a copy of the proposed plan if the commissioners want to take a look at it.
Motion by S. Mulhall seconded by L. Mason to adjourn the meeting at 8:25 p.m. Unanimous.
Stephen Sackter, Chairman