DRAFT MINUTES

BROOKFIELD INLAND WETLANDS COMMISSION

Monday, May 24, 2009 – 7:00 p.m.

TOWN HALL MEETING ROOM # 134

 

1.      Convene Meeting

The meeting was convened by Acting and Vice Chairman J. Goletz at 7:02 p.m.

2.      Roll Call and Designation of Alternates

Present:    Acting and Vice Chairman J. Goletz, L. Miller, B. Samuel, Alternate and Voting Member S. Fox

Absent:     Chairman J. Vulcano, Secretary C. Hermans

 

            3.  Executive Session:  1 High Ridge Road #200900680 – Town Counsel was not present.  WEO Daniel noted the letter from Town Counsel P. Olson regarding the Monday May 17th, 2010 court appearance, at which time the property owner’s attorney, S. Gallagher, and Town Counsel came to an agreement outlined in the letter.  The letter was read by WEO Daniel.  It was noted that, additionally, the Hearing for the second Cease and Correct Order was postponed to June 14, 2010.  A portion of the aforementioned agreement relates to the property owner meeting with a soil scientist and a civil engineer, then producing a plan including the wetlands delineation, and addressing the Cease and Correct orders.  The property owner was requested to informally present his plan to the Town by June 9, 2010.  Town Counsel has advised the property owner’s attorney that all items, regardless of whether his client believes a permit is required or not, need to be included on the plan.  After the plan is presented to the Town on June 9, WEO Daniel and S. Hayden will inspect the site on June 10 or June 11, with Mr. Hayden’s purpose being to verify the wetlands delineation.   When it is determined that WEO Daniel is satisfied with the plan, it will be considered in Executive Session by the Commission, and if approved, immediately acted upon.  Commissioner Miller inquired if anyone from the Commission would be allowed to see the property.  Commissioner Fox noted that there will not be an application by June 10 or June 11, and there may be an opportunity for a site walk after that time.   Commissioner Miller noted the long-standing problem of the property owner denying access to this site.  He requested that the Town Counsel be requested to advise the property owner’s attorney that the Commission members are interested in looking at this site.   Commissioner Miller moved to table Item 3, Executive Session, at the request of Town Counsel.  Commissioner Fox seconded the motion.  She then suggested rescheduling the Executive Session and continuing it to the next meeting.  Commissioner Miller moved to amend the motion to reflect as such, and Commissioner Fox seconded the amended motion.  Motion carried unanimously. 

3.      Wetlands Enforcement

a.      101 Obtuse Hill Rd “Whispering Glen” #200200378 – Commissioner Miller recused himself from this matter.  WEO Daniel advised that there is nothing new to report on this item.  Commissioner Fox moved to continue 101 Obtuse Hill Rd. “Whispering Glen” #200200378, to the next regularly scheduled meeting.  Commissioner Samuel seconded the motion, and it carried unanimously. 

b.      1 High Ridge Road #200900680: NOV and Cease and Restore Order – Commissioner Miller moved to continue 1 High Ridge Road #2009006820 to the next regularly scheduled meeting.  Commissioner Samuel seconded the motion, and it carried unanimously. 

c.       491 Federal Rd #201000374: Citation – WEO Daniel reported that this relates to a one time discharge to Still River.  The property owner has requested a hearing.   Commissioner Miller moved to continue 491 Federal Rd. #201000374, to the next regularly scheduled meeting.  Commissioner Fox seconded the motion, and it carried unanimously.

d.      29A Beverly Dr #201000071: Notice of Violation – WEO Daniel noted receipt of a Site Inspection Report.  WEO Daniel requested that the work be completed per the Report.  She asked the Commission to provide a desired completion date.   Commissioner Miller moved to continue 29A Beverly Dr., #201000071 to the next regularly scheduled meeting with the understanding that WEO Daniel will send a letter to the property owner requesting that the all of the gravel be removed before the next meeting date of June 14, 2010.   Commissioner Fox seconded the motion, and it carried unanimously. 

 

Commissioner Miller moved to add 871 Federal Rd., as Item 4.e., on the agenda.  Commissioner Fox seconded the motion, and it carried unanimously.  

 

e.  871 Federal Rd. – Commissioner Samuel recused herself.   WEO Daniel pointed out a letter from M. Lillis regarding the location of the trench.  Mr. Lillis stated that it is in the wetlands and landscaping area, and will be included as part of the restoration planting plan.  It was also noted that the conservation easement was filed.  Acting and Vice Chairman Goletz inquired if the restoration plan was adequate to remediate the site, and it was noted that the Commission approved the plan based on recommendation of S. Hayden.   These plants will be added to the plan, and the enforcement action will be removed.  This property was bonded with the original approval.  Commissioner Miller moved to accept the letter dated 5/24/10 from M. Lillis, PE, CCA, adding the survey of the trench to the restoration plan, at 871 Federal Rd., and also, because compliance has been achieved, to remove 871 Federal Rd. from the agenda under Enforcement.  Commissioner Fox seconded the motion, and it carried unanimously.

 

6.   SHOW CAUSE HEARING:  7:15 P.M.

a.   1 High Ridge Rd #200900680:  Cease and Correct Order issued 5/3/10 – This Show Cause Hearing has been rescheduled until June 14, 2010.  Commissioner Miller moved to reschedule the Show Cause Hearing to June 14, 2010, for 1 High Ridge Rd., #200900680.  Commissioner Samuel seconded the motion, and it carried unanimously.    

 

  1. Old Business:             None.

 

  1. New Business:

a.      5 Chickadee Lane, #201000204: Permit transfer request – Commissioner Fox moved to approve the Permit Transfer Request for 5 Chickadee Lane, #201000204 from Mr. Groff, who was the property owner, to Mr. Schappert, who is the property owner.  Commissioner Samuel seconded the motion.   Commissioner Miller inquired if there was a two-week waiting period for the approval, and it was noted it ws only a permit transfer.  Motion carried unanimously.    

b.      1 Production Drive, #201000421:  Modification of existing permit to add parking per ZC request (dec date 6/28/10)

Map titled “Site Plan Modification Lot 1 – Federal Business Park” Prepared by CCA, LLC dated 4/26/10 – S. Howard, CCA, 40 Old New Milford Rd., was present.  She explained that her client, the Goddard School, would like to add ten additional parking spaces.  This is a result of the receipt of numerous complaints from the Zoning Enforcement Officer that cars are parking along Production Drive.  Ms. Howard shared a letter from ZEO Schappert to the property owner.  Acting and Vice Chairman Goletz inquired if a large amount of soil would have to be removed with the installation of the parking space, and she pointed out on the plans what would occur.  Commissioner Fox inquired regarding the relocation of the trees and Ms. Howard explained they would be relocated to the back side of the site.  Only four inches of grass would be removed, and Ms. Howard was unsure where it would be taken.  Commissioner Samuel and Commissioner Miller reviewed the elevations.  The trees will be moved ten feet back.    Additionally, a silt fence is proposed, and the oil grit separator was noted.   There was discussion regarding where the removed soil will be placed.   Commissioner Fox moved to approve the modification of the existing permit to add ten parking spaces, at 1 Production Dr., #201000421, per a map dated 4/26/10, with the stipulation that any soil cannot be dumped, nor can any significant construction activity take place between the project and the brook or anywhere within the one hundred foot regulated area, to be effective May 28, 2010; and that the property owner contact WEO Daniel when the silt fences are installed.  Commissioner Miller seconded the motion, and it carried unanimously.

 

There was brief discussion regarding fees for modifications of permits. 

 

c.       3 Patricia Drive, #201000423:  Install replacement septic system (dec date 6/28/10)

      1.         Sketch of Septic Replacement received in Land Use 5/20/10 – No one present.  WEO Daniel indicated that the septic system has failed and needs to be replaced.  The Town Sanitarian wishes to discuss matters such as this (where the septic has to be replaced and may be in the upland review area) with the Commission.  Commissioners Miller and Fox indicated that they wished to inspect the site.   Commissioner Miller moved to request that the property owner stake out the location of the septic and notify the Land Use Office when completed, so that Commission members may inspect.  Vice Chairman Goletz inquired if the septic failure was creating health problems.  WEO Daniel noted that the matter is quite serious.  If the Sanitarian and home owner wish to come to the next meeting, the Commission would be amenable to that.  Commissioner Fox seconded the motion, and it carried unanimously.

 

Commissioner Miller moved to add 62 Riverford Rd., Jurisdictional Ruling, to the agenda, as Item 8.d.  Commissioner Samuel seconded the motion, and it carried unanimously. 

 

d.  62 Riverford Rd. – WEO Daniel advised that this property requires a jurisdictional ruling to remove trees.  It was noted that a permit from First Light has been obtained to remove the trees that were damaged.  Commissioner Miller moved to approve the Jurisdictional Ruling as a permit is not required.  Commissioner Samuel seconded the motion, and it carried unanimously.

 

General Discussion regarding Modification Fees – There was discussion regarding items that can be handled as a field modification, and those that involve more extensive changes.  WEO Daniel was advised by the Commission that if there are fee issues she may deal with them as part of the general operation of the Land Use Office, with consistency, and if there are concerns, she is welcome to bring any issues she deems necessary to the Commission. 

 

5.   Review Minutes of Previous Meetings: 5/10/10 – Not a sufficient quorum to review and approve.  Commissioner Miller moved to continue Item 5, Review of Minutes of Previous Meeting, 5/10/10, to the next regularly scheduled meeting.  Commissioner Fox seconded the motion, and it carried unanimously.      

 

9.   Tabled Items:   None.

 

10. Correspondence & Bills:

a.       Correspondence:

1.                  Minutes of other Boards & Commissions: Zoning Commission 5/13/10; Planning Commission 5/6/10

2.                  Site Inspection Report, dated May 13, 2010 on 871 Federal Road

 

11. Informal Discussion: Role of Alternates – There was discussion regarding an email from Town Counsel on this topic.  Vice Chairman Goletz requested clarification regarding the role of alternates in public hearings.  Commissioner Miller discussed his interpretation of Town Counsel’s opinion as it related to deliberations for public hearings only.   Commissioner Fox indicated her interpretation is that the role of alternates is being “read narrowly” per state statute and case law, and there is no difference between a public hearing and all matters that occur during public meetings.   Members of the Commission agreed that alternates may ask questions during the public hearing.  WEO Daniel read the Town Attorney’s recommendation that alternates refrain from participation in the deliberations upon completion of public hearings.  Commissioner Miller suggested that an email be sent to Attorney Marcus, asking about alternates’ role in regularly scheduled meetings. 

 

12. Adjourn - Commissioner Miller moved to adjourn the meeting at 7:52 p.m.  Commissioner Samuel seconded the motion, and it carried unanimously.

 

 

 

***Next regular meeting scheduled for June 14, 2010***