APPROVED MINUTES
BROOKFIELD INLAND WETLANDS COMMISSION
Monday, March 8, 2010 – 7:00 p.m.
TOWN
HALL MEETING ROOM # 133
1.
Convene Meeting
Chairman Vulcano convened the meeting at 7:00
p.m. and established a quorum of members.
Present: Chairman J. Vulcano, Vice Chairman J. Goletz, L. Miller, B. Samuel, Alternate and Voting Member S. Fox
Absent: Secretary J. Willey, Alternates S. Villodas and C. Hermans
Also Present: Wetlands Enforcement Officer K. Daniel, Recording Secretary D. Cioffi
a.
101 Obtuse Hill Rd “Whispering Glen” #200200378
– L. Miller recused himself from this matter. Vice
Chairman Goletz inquired what work is outstanding. WEO Daniel explained that she is waiting to
hear from the Planning Commission that the entire bond has been spent and all
that can be accomplished with the detention system has been done. The Town Engineer would like to complete the
work as soon as possible. The work will
involve deepening the detention basins while keeping the site stable. The Town Engineer has inquired how much it
will cost to stabilize the site with seed, and she will provide him with that
information. WEO Daniel will report back
at the next meeting. Commissioner
Samuel moved to continue 101 Obtuse Hill Rd., “Whispering Glen”, #200200378,
with an update on the situation by WEO Daniel, at the next regularly scheduled
meeting. Commissioner Fox seconded the
motion, and it carried unanimously.
b.
871 Federal Road #200900731 – B.
Samuels recused herself from this matter and left the room at 7:02 p.m. Chairman
Vulcano reviewed a letter from S. Hayden regarding his inspection of the
interim erosion control plan. In the
letter, Mr. Hayden urged that the proposal be implemented as soon as weather
permits. WEO Daniel indicated that the
Town Attorney is reviewing the conservation easement language, and that a plan
is in place for the erosion and sedimentation controls. She is hopeful that the plan will be executed
soon due to the warming weather. Additionally,
WEO Daniel stated that she spoke with the contractor who is getting the plans
from CCA as well as a cost proposal from the owner. The owner is aware that this needs to be
accomplished in a timely manner.
Chairman Vulcano noted that Mr. Hayden found the selected plant species
satisfactory. M. Lillis, PE, CCA, 40 Old New Milford Rd., was present on behalf of
the applicant. He indicated that he
spoke with the contractor, who intends to do some work this week. It was noted that there may be lingering
frost at the site, and it is too early to plant. Chairman Vulcano moved to continue 871
Federal Rd., #200900732. Vice Chairman
Goletz seconded the motion, and it carried unanimously.
B. Samuel returned to the room
at 7:06 p.m.
WEO Daniel recommended
taking care of other business while waiting to start the Show Cause Hearing.
a.
19 Stage Road #200600750: Bond
Release Request – Chairman Vulcano moved
to continue 19 Stage Road #200600750 to the next regularly scheduled
meeting. Vice Chairman Goletz seconded
the motion, and it carried unanimously.
4. Review Minutes of Previous Meetings:
2/8/10, 2/22/10 – WEO Daniel
noted that the Minutes of the February 8, 2010 meeting were approved at the
last meeting. Commissioner Fox moved
to approve the Minutes of the February 22, 2010 meeting as submitted. Commissioner Samuel seconded the motion, and
it carried, 4-0-1, with Commissioner Miller abstaining.
9. Correspondence & Bills:
a. Minutes of Other Boards and Commissions: Zoning Commission 2/25/10; Planning Commission 2/18/10 – No discussion.
b. Other
Correspondence:
2. E-mail from Cara A. Ceraso to Katherine Daniel dated 2/23/10 Re: Brookfield v. Lang – The email from Attorney Ceraso was reviewed by Commission members. WEO Daniel reported that the plantings have been installed and the $500 bond has been paid. A consensus of the Commission agreed with Attorney Ceraso’s recommendation to proceed with negotiating the best possible outcome for the Town.
Chairman Vulcano noted that an estimate for a planting bond was received
in the matter of 33 Hidden Brook Rd.
6. Old
Business (continued)
c. 33 Hidden Brook Rd. – Commissioner
Miller moved to set the bond for 33 Hidden Brook Rd. at $4,906.00. Commissioner Samuel seconded the motion, and
it carried unanimously.
Chairman Vulcano moved to
add 107 Tower Rd. to New Business as Item 7.a.
Commissioner Miller seconded the motion, and it carried unanimously.
Miscellaneous Enforcement Information
29A Beverly Dr., - WEO Daniel stated that the previously repaired water crossing has failed again. She was advised of this through a complaint by the neighbor. The property owner will have a contractor clean up the process per the plan that was already approved. WEO Daniel found this solution acceptable as long as there is no problem with erosion and sedimentation control. She has advised the property owner to clean up the process that has gone into the neighbor’s stream, and told him that the banks need to be stabilized by the end of the week. In the past, the property owner used a small excavator to clean the process.
Chairman Vulcano moved to
go to Item 5.a., Show Cause Hearing, 1 High Ridge Rd. Commissioner Miller seconded the motion, and
it carried unanimously.
a. 1 High Ridge Road #200900680: Cease
and Restore Order issued 3/1/10 – S.
Zaky, the Property Owner of 1 High Ridge Rd., was present. He stated that the attorney that had
previously represented him in this matter is now serving as Brookfield Town
Counsel, and requested two weeks to find another attorney. Chairman Vulcano explained that the reason
the Order was issued is due to evidence of activity on the property. He stated that he saw the activity upon his
inspection from a neighboring site. Mr.
Zaky denied that work is going on.
Chairman Vulcano pointed out, referencing photographs in the file, the
digging, fencing and piping he observed.
He recalled that at an earlier meeting, the property owner was requested
to fill out an application for the work.
Photographs of the excavation were reviewed, and Chairman Vulcano
indicated the photos confirm what he saw today.
WEO Daniel noted that Mr. Zaky was requested to provide a soil
scientist’s report. She reviewed the
wetland marking on the neighboring property.
Mr. Zaky stated he sent the soil scientist report to WEO Daniel via
facsimile, however, there was no report in the file. After some discussion, Mr. Zaky agreed to
submit his copy for the file and was advised he would be provided another copy
free of charge from the Land Use Office.
Mr. Zaky stated that the paving was done by a previous owner and he has
just repaired some spots. Additionally,
he indicated that the fish pond is within the fenced pool area. The soil scientist’s report was reviewed by
the Commission. The report was dated
February 15, 2010, but references an inspection performed by the soil scientist
in June of 2008. The report notes that
the soil has been altered and it was acknowledged that there are filled
wetlands. WEO Daniel pointed out that
the violation still exists because within 75 feet of Mr. Zaky’s work, there are
wetlands. Commissioner Miller inquired
why the property owner did not file an application for a permit. Mr. Zaky explained that the work was done in
2006, and denied that the work is within 75 feet of wetlands. He reiterated his request for a two-week
continuance. Chairman Vulcano explained
that when Mr. Zaky bought the property, he bought it with the conditions that
existed at the time. The Commission
stated it would not continue the matter, but welcomed Mr. Zaky to retain an
attorney, noting that the violation needs to be addressed. Mr. Zaky then took the submitted soil
scientist’s report back from the file, and left the room at 7:26 p.m., so the
Commission is no longer in possession of a copy of that report. WEO Daniel explained that the violation
began when someone noticed a concrete “blob” on the property. At that time, an appointment was made to
document the work done while Mr. Zaky owned the property: the excavation of the fish pond and
additional paving around pond. She
reviewed that he had previously cut a tree adjacent to a stream. The property owner failed to seek a
jurisdictional ruling or permit for any of this work, and he has refused access
to the property. Commissioner Miller
suggested turning this matter over to the Department of Environmental
Protection, noting the property owner’s lack of cooperation in allowing access
after many reasonable requests for resolution from the Commission. WEO Daniel indicated that she spoke with Town
Counsel T. Beecher, who is representing the Town for this matter, and he
indicated that the Commission should uphold the order and proceed to court for
a possible injunction. Chairman Vulcano moved to uphold the Cease
and Restore Order dated 3/1/10 for 1 High Ridge Road #200900680, and to
authorize the Commission’s agent, WEO Daniel, to contact the Department of
Environmental Protection, and the Town Attorney, to take further appropriate
legal action. Commissioner Fox seconded
the motion. Motion carried unanimously.
Chairman Vulcano moved to go
to Agenda Item 3.c., 1 High Ridge Rd.
Commissioner Miller seconded the motion, and it carried unanimously.
3. Wetlands
Enforcement (continued)
c. 1 High Ridge
Road #200900680: Cease and Correct
Order dated 3/1/10 – Chairman Vulcano moved to continue 1 High Ridge Road
#200900680 to the next regularly scheduled meeting. Commissioner Miller seconded the motion, and
it carried unanimously.
6. Old
Business (continued)
b. 22 S. Lakeshore Dr #201000121: Landscape (dec date
4/28/10) – Revised Plans received in Land Use Office 3/3/10
1. Letter from Craig A. Studer, ASLA to Land Use dated 3/3/10 Re: “Inland Wetlands Commission application, 22 S. Lakeshore Dr #201000121”
Letter from Michael J. Lillis, P.E. to Inland Wetlands Commission dated 2/25/10 Re: 22 S. Lakeshore Dr. #201000121; Mr. & Mrs. Silver
· “Letter of Filing Consent” from Brian D. Wood of First Light dated 2/22/10
· “Residence Plant List” prepared by Scotts Landscaping revised 3/3/10
2. Map Cover Sheet titled “List of Drawings” prepared by Studer Design Assoc. dated 2/1/10 revised 3/1/10
· “Existing Conditions Plan / Demolition Plan” dated 2/1/10 revised 3/1/10 – Sheet LA-1.0
· “Site Plan” dated 2/1/10 revised 3/1/10 – Sheet LA-2.0
· “Layout Plan” dated 2/1/10 revised 3/1/10 – Sheet LA-3.0
· “Grading, Sediment & Erosion Control Plan” dated 2/1/10 revised 3/1/10 – Sheet LA-4.0
· “Elevations” dated 2/1/10 revised 3/1/10 – Sheet LA-5.0
· “Planting Plan” dated 2/1/10 revised 3/1/10 – Sheet LA-6.0
· “Site Details” dated 2/1/10 revised 3/1/10 – Sheet D-1.0
· “Construction Specifications & Notes” dated 2/23/10 revised 3/1/10 – Sheet D-2.0
3. “Sea Wall Foundation Plan” prepared by The Archer Engineering Company dated 3/3/10 – Drawing S-1
4. “Septic System Replacement / Repair Area Sketch & Stormwater Retention Plan” prepared by CCA, LLC dated 2/1/10 revised 3/2/10 – Sheet S1
C. Studer and M. Lillis were present on
behalf of the applicants. Mr. Studer referenced plans that were
submitted today that show the requested modifications and a squaring off of the
deck and patio. Chairman Vulcano
inquired regarding what work was being done on the water side, and Mr. Studer
indicated it may be related to a septic pump repair. Mr. Lillis suggested it may have been related
to test pits done for the Sanitarian. He
also stated that no changes to the septic system have been proposed. A small excavator was used to dig the test
pits. Mr. Lillis’s letter was
referenced, and Mr. Studer added that there is no increase in impervious
coverage or non-conformity. He indicated
that a variance has been approved, and an affidavit from First Light has been
submitted. Mr. Lillis explained that
a perforated pipe has been added per to keep stormwater chambers dry. There was discussion regarding the piping
that is handling the runoff from the site.
Mr. Lillis explained the soil results from the test pit. He added that a geotech rap/drain sack will
keep the water table down. Mr. Studer
added that there is no water problem presently in house. He then reviewed the construction sequence
and the engineering plans for the sea walls with weep holes. The applicant is not proposing to increase
the wall any more than what is present now.
There was lengthy discussion regarding the handling of hydrostatic
pressure related to the engineered sea wall.
It was suggested that the engineer provide certification for the wall.
Mr. Studer noted that a permit cannot be granted until the Building and
Engineering departments review the wall.
The Commission noted its concern because of its responsibility to make
sure that wall does not fail so there is not environmental damage and/or damage
to neighboring properties.
The construction sequence was then reviewed. Mr. Studer indicated that topsoil would be
stockpiled on the right side, and a Bobcat will be used to remove things and a
pump truck will be used to pump material down.
Twelve inches of wood chips will be utilized to protect the tree roots
and to prevent ruts. No additional tree
removal is anticipated than what is on the plans. Decisions to cease construction due to heavy
rain events will be left to the discretion of the construction manager. Mr. Studer stated that the backfilling will
result in level terraces that will prevent massive erosion and runoff. He also pointed out that the S-shaped wall is
low. The only lawn area to be disturbed
is where new plantings are proposed and that related to construction of sea
wall. Chairman Vulcano inquired what the
release agent on forms is, and Mr. Lillis indicated it was not likely oil based
due to the proximity of the lake. The new
columns that were moved out from the prior submission were identified on plans
for Chairman Vulcano. It was also noted
that the letter from First Light was in submission packet. There was discussion regarding roof drains
that may be on the neighboring property.
Upon inquiry from Commissioner Samuels, Mr. Studer pointed out the
extent of the wood chips on the site.
Commissioner Miller moved to
approve 22 S. Lakeshore Dr. #201000121, with the following stipulations: 1) on the access areas for any movement of
equipment, that they be covered with 12” wood chips to minimize disturbance for
the movement of equipment in and off of the site; 2) the construction sequence
acceptable, 3) the Commission does have
some concerns regarding the construction of the sea wall and would like some
additional information as to the placement of weep holes and the impact on the
adjacent property owners’ sea wall, and also to defer to the Town Engineer for
his review and concurrence; 4) the release agent should not be oil-based; 5) soil and erosion controls will be
according to Connecticut State regulations
on soil and erosion controls and the hay bales will be towed in according to
State guidelines,; 6) that the planting bond be set at $2,800.00; and 7) that
applicant clarify the higher retaining wall, to ensure there is adequate
curtain drain or weep hole to make sure there is not hydrostatic pressure that
will compromise the wall. Commissioner
Fox seconded the motion, and it carried unanimously.
c. 15 Obtuse Road North #201000122: Pool, patios and shed (dec date 4/28/10) –
E.
Hines, Landscape Architect, was present on behalf of the applicant. Commissioner Fox stated that she attempted
to inspect the site, and Commissioner Miller stated that he did inspect
it. There was discussion regarding the
gully on the site. There was further discussion
regarding the removal of particular trees.
The wetland flagging was reviewed.
Ms. Hines stated that the new plantings have not been quantified because
she wants to see how much canopy is left.
She indicated that no filling will take place except screen
topsoil. Additionally, any excavation
from the pool will stay on the site, and any boulders pulled will be used to
stabilize. Ms. Hines indicated that the
silt fence will be placed at the limit of construction line so that the
machinery will not impact the root systems of the remaining trees. The fence around the pool will be a chain
link fence up to six feet tall. The
existing stone wall will serve as siltation barrier. Additionally, the pool will not have to be
backwashed, as it will utilize a removal cartridge system that will be disposed
of off-site. Commissioner Miller moved to
approve 15 Obtuse Road North #201000122, with the following stipulations: 1)
removal of trees occurs first; 2) that all soil and erosion
controls/silt fence be installed after in accordance with Connecticut
standards; 3) then that stumping would occur; and 4) the applicant will return
with a planting plan, preferably with native species, for bonding. Commissioner Fox seconded the motion, and it
carried unanimously.
a. 107 Tower Rd. – The application was reviewed. WEO Daniel was speaking on behalf of the
Town, and reviewed the drainage history at the site. She noted that a previous Town Engineer had
planned to pipe the property, but never got a permit. The current Town Engineer feels that a rip
rap channel is preferable. The
Commission requested that WEO Daniel request the following information from the
Town Engineer, for clarification: the
intent of the proposal; details regarding the construction sequence; the extent
and area of the digging and piping; the plans for the soil; will plantings be
done; how will access be accomplished; how will erosion problems be dealt with;
and what equipment will be used?
Commissioner Miller moved to continue 107 Tower Rd. to the next
regularly scheduled meeting.
Commissioner Samuel seconded the motion, and it carried
unanimously.
8. Tabled Items: None.
***Next regular meeting scheduled for March 22, 2010***