Board Members Present: Stephen Sackter, Charles Wentworth, Stephen Mulhall, Whitney Caporaso
Alternate Members Present: Anthony Dorso, Lorraine Dixon, Glenn Gruber
Absent Members: David Celotto
Others Present: William Donovan Land Use Inspector, Wendy Boroski - Clerk
Chairman Sackter called the meeting to order at 7:00 p.m. The meeting was taped. G. Gruber was seated for D. Celotto
Approval of Minutes:
Motion by C. Wentworth, seconded by S. Mulhall to approve the October 25, 2010 minutes, as amended. 4 votes approved; 1 abstained. Motion carried.
Communications:
1. CT Town & City, Volume 37, Number 5, October 2010
2. Building Inspector’s Report – October 2010
3. Package from Carrie L. Larson of Pulley & Comley, LLC, Petition for Declaration Ruling, 3.2 MW Wind Generation Project, 178 New Haven Road, Prospect, CT
4. Letter dated 11/05/10 from Peter Cumpstone, Source Water Quality Analyst, Regional Water Authority re: Wentworth, 35 Candee Road - pond maintenance. (See Old Business)
New Business:
a. M. Carrie Anderson, Prospect Town Clerk – Establish meeting dates for the year 2011. S. Sackter read the proposed meeting dates for 2011 into the minutes. Motion by S. Mulhall, seconded by G. Gruber to accept the proposed meeting dates for the year 2011 as presented. Unanimous.
Old Business:
a. #15-04 Richard LaChance, 477 Matthew Street – Curb installation along driveway. Mr. LaChance came before the commission to explain in detail the water flow conditions along his driveway. Mr. LaChance described in detail about the curtain drain system which was installed to catch any water flow from his neighbor’s property and feels placing a curb along the right side of the driveway would serve no purpose. S. Sackter requested the commission members to conduct individual site walks before the next meeting so an educated decision can be made at the next meeting.
C. Wentworth recused himself from the meeting. L. Dixon was seated for C. Wentworth.
b. #12-10 Charlene Wentworth, 35 Candee Road – Pond maintenance. S. Sackter read a letter from the Regional Water Authority into the minutes regarding this property. C. Wentworth stated he filed the necessary paperwork with the Department of Health, as his pond ultimately feeds into Lake Whitney, which is a public water supply reservoir approximately sixteen miles from his pond. The commission discussed the details of this project at length. Motion by S. Mulhall, seconded by L. Dixon to approve Application #12-10, Charlene Wentworth, 35 Candee Road for pond maintenance as presented, and also to include the conditions set forth in the letter dated November 5, 2010, from Peter Cumpstone of the Regional Water Authority. Unanimous.
C. Wentworth returned to the commission. L. Dixon was unseated.
c. #13-10 Donald J. Paradis, 1 Laura Avenue – Installation of storage structure within a regulated area. Motion by C. Wentworth, seconded by S. Mulhall to Approve Application #13-10, Donald J. Paradis Jr., 1 Laura Avenue – Installation of shed within a regulated area, as presented. Unanimous.
d. #09A-2010 Judith Guertin, 8 Cook Road – Review agent approval for above/in-ground pool. Ms. Guertin came before the board to answer questions regarding her pool installation and the containment of the excavated soil. The commission explained the steps necessary to keep the soil stabilized throughout the winter months using hay bales, loose hay and tarps. C. Wentworth stated a possible dry well may need to be installed for back-washing.
e. #07-10 Jad Harb, Lots 5& 6 Prospect Estates Subdivision – Modification of permit condition. S. Sackter read a letter dated November 22, 2010, from W. Donovan at the request of Attorney Yoxall regarding the placement of maintenance requirements on the property deed. The commission discussed this information and the following motion was modified. Motion by C. Wentworth, seconded by S. Mulhall to modify the permit approval of Application # 07-2010, Harb Development, Lot 5, Saddle Court by replacing Condition (5) of the approved permit which states: (5) “The homeowner’s responsibility for future needed maintenance of the drainage swale shall be placed on the property deed of Lot 5 (#27)” with (5) “The property owner’s responsibility for future needed maintenance of the drainage swale located on Lot 5 shall be recorded on a notice of maintenance obligation entitled “Declaration of Covenant” and shall apply to Lot 5 (#27)”. Unanimous.
f. Frank Cammuso, 1 Hemlock Road. No action was taken.
Enforcements:
a. #01-2010 & #02-2010 John Ciola, 64 Scott Road & 80-84 Scott Road – Hearing to discuss violations of conditions on approved permits for wetlands crossing and tree cutting and removal within regulated areas. Mr. Ciola stated he was working with Attorney Marianne Dubuque and Attorney Jennifer Yoxall to obtain a $10,000 bond. S. Sackter requested Mr. Ciola to contact the Land Use office once his bond is secured and the area in question properly marked with a fixed reference point, so a site walk can be set up for the property.
Public Participation:
Ann Stein, 22 Cook Road, Prospect. Ms. Stein asked the commission why an applicant would not be required to fulfill the permit requirements as approved? She also asked what controls are in place to approve work done in a regulated area so it does not threaten a water course.
Land Use Inspector’s Report:
W. Donovan advised the commissioners that BNE provided all the boards and commissions before the Siting Counsel with materials regarding the wind turbine proposal in Prospect.
Also, W. Donovan received two training DVD’s from the Department of Environmental Protection giving a wetlands overview, and the DVD’s will be available to the commissioners.
Motion by C. Wentworth, seconded by S. Mulhall to adjourn the meeting at 8:37 p.m. Unanimous.
Stephen Sackter, Chairman