DRAFT MINUTES
BROOKFIELD INLAND WETLANDS COMMISSION
Monday, June 28, 2010 – 7:00 p.m.
TOWN HALL MEETING ROOM #
133-134
1. Convene Meeting
Chairman J. Vulcano convened the meeting at 7:00 p.m. and established a quorum of members.
2. Roll Call and Designation of Alternates
Present: Chairman J. Vulcano, Vice Chairman J. Goletz, B. Samuel, L. Miller, Alternate and Voting Member S. Fox
Absent: Secretary C. Hermans
Also Present: Wetlands Enforcement Officer K. Daniel, Town Counsel P. Olson, Recording Secretary D. Cioffi
Commissioner Miller moved to go into Executive Session, inviting the
Wetlands Enforcement Officer and Town Counsel P. Olson, at 7:01 p.m. Commissioner Samuel seconded the motion, and
it carried unanimously.
Commissioner Miller moved to come out of Executive Session at 7:25
P.M. Vice Chairman J. Goletz seconded
the motion. It was noted that no action
took place during Executive Session, nor does any need to take place, and no
motions were made. Motion carried
unanimously.
a.
101 Obtuse Hill Rd “Whispering Glen”
#200200378: - L. Miller recused
himself from this matter. WEO
Daniel reported that with regard to maintenance of the town detention
facilities, the Town will be maintaining the detention basins via ownership of
the property or through easements. At
this time, there are no other remaining wetlands issues; and WEO Daniel
recommended removal from the agenda. Vice Chairman Goletz moved to remove 101
Obtuse Hill Rd., #200200378 from the Enforcement Agenda. 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
Rd. #200900680, to the next regularly scheduled meeting. Commissioner Samuel seconded the motion, and
it carried unanimously.
a. 1 High Ridge Rd #200900680: Cease and Correct Order issued 5/3/10 – Commissioner Miller moved to continue the Show Cause Hearing for 1 High Ridge Rd., #200900680, to the next regularly scheduled meeting. Commissioner Samuel seconded the motion, and it carried unanimously.
Commissioner Miller moved to go to Item 8.a., Old Business, 92 Ironworks Hill Road. Commissioner Fox seconded the motion, and it
carried unanimously.
a. 92 Ironworks Hill Road #201000492: Addition (dec date 7/19/10) – Chairman Vulcano indicated that he inspected the site, and found it to
be flat and without issues, as the work is within the footprint of the existing
home. He stated that there is no
wetlands impact. Vice Chairman Goletz
inquired if the silt fence is on the drawing.
It was stated that only the material stock pile area will have to be
silt fenced, and the driveway will be used for access. It was further noted that if any soil is
removed, it will end up in driveway. Commissioner Miller moved to approve 92
Ironworks Hill Rd., #201000492, in accordance with a site plan from S. Lazar
Architects, Job No. 21002, dated June 4, 2010, with the following
stipulations: that the area designated
by the permittee as the materials stock pile area will be encircled with a silt
fence per the Connecticut recommendations for soil and erosion controls;
construction access will be through the driveway side of the structure; and
there will be no equipment between the house and the pond. Commissioner Fox seconded the motion, and it
carried unanimously.
b. 49 Arapaho Road #201000493: Septic Repair (dec date 7/19/10) - P. Simaski, PE, was present on
behalf of the applicant, the Estate of W. Wankowski. Chairman Vulcano indicated he
inspected the property. It was also
noted that the Town Sanitarian has approved the proposal. Chairman Vulcano advised Mr. Simanski that he
found the silt fence to not be towed in sufficiently, and Mr. Simanski
indicated that it was related to the fact that it was for test holes. There was discussion regarding the proximity
of stone walls to the intermittent watercourse and a neighboring property. Based on the fact that all of the work will
be done in a regulated area, Chairman Vulcano requested that the installer be
in close contact with the WEO and Sanitarian throughout the process. Chairman Vulcano pointed out that a large
tree dropped in the wetlands. Mr.
Simanski stated that the homeowner would be willing to have it cut up by
hand. It was further noted that
significant waivers have been allowed for this work. D. Falls, Falls
Septic, was present, and stated that the silt fence is worked at every
day to allow for access. It was
suggested that it be put closer to the edge of the driveway. Commissioner Miller inquired how long it
would take for the work to be completed, and Mr. Falls indicated it would be
seven working days. There was discussion
regarding the stone wall and the small size and confinement of the work
area. Mr. Falls recommended that a
curtain drain go in and that the top soil be stripped. The Sanitarian will be at the site every
day. Commissioner Miller moved to
approve 49 Arapaho Rd., #201000493, per a site plan from Arthur H. Howland,
Sheet SDS.1, revised on June 8, 2010, and with the stipulation that because the
Commission has agreed to grant the applicant significant waivers with the usual
requirements, that it expects the applicant to stay in close contact with the
Town Sanitarian and the WEO to ensure that the wetlands are adequately
protected, and that the silt fence is maintained under the guidance of the
WEO. Commissioner Fox seconded the
motion, and it carried unanimously.
c. 540 Federal Road “Oak Meadows
Subdivision” #200900146: Memo from K. Daniel dated 6/24/10 Re: Outstanding
approval conditions -
WEO Daniel reviewed wetlands conditions and the dates that need to be met. She pointed out that a monitor needs to be
named. The approval stipulations were
reviewed, and it was noted that the CCA drawings and Forsberg plantings were
part of that approval. WEO Daniel read
the entire wording of stipulations for the Commission. It was stated that the experts that worked
on this application were: T. Pietras, D.
Virbickas and J. Cowen. WEO Daniel
recommended that an engineer with strong knowledge of erosion control be
selected for monitoring. It was
acknowledged that different expertise may be needed at other phases of the
project. Per the approval, the applicant
was supposed to contact the WEO when fencing was staked out, but did not, and
cutting has commenced. WEO Daniel
indicated that the silt fence has also been installed. She reiterated that an expert in erosion
control is needed due to the water crossings, and she recommended S.
Hayden.
With regard to Stipulation 10, and the
approval of planting plans, it was noted that the planting plan for the
Forsberg property was approved. Mr. Forsberg was present, and indicated
he has not been contacted by any one from the developer. It was stated that the developer has proposed
a line of arborvitae, and that the stipulations says that both parties shall
approve a planting plan. Commissioner
Miller stated his concern regarding the success of arborvitae with deer. The plans of Mr. Forsberg and the developer
were reviewed. The approval references
various sets of drawings. WEO Daniel
believes that S. Sullivan, CCA, will contact Mr. Forsberg. Commissioner Miller inquired if the plan is
still one that Mr. Forsberg wants, and he stated that it is, but he noted that
the when the trees are stripped, the water has nowhere to go.
Commissioner
Miller moved to appoint S. Hayden, initially, as the Town’s monitor on the project of 540 Federal
Rd., “Oak Meadows Subdivision”, #200900146, to inspect the site as it relates
to soil and erosion controls, and to establish corduroy for the water. Chairman Vulcano read the stipulations of
approval regarding the frequency and reporting requirements of the monitor, and
it was noted that there may be a need to change the monitors depending on what
the situation requires, to be determined by the WEO. Commissioner Fox seconded the motion, and it
carried unanimously.
Commissioner
Miller moved, regarding Stipulation 10 of the approval for 540 Federal Rd.,
#200900146, to approve the Planting Plan by Didona Associates, per the Screen
Planting Plan dated 2/23/09, no revisions listed. Commissioner Samuel seconded the motion, and it
carried unanimously.
It
was noted that the developer has failed to communicate with Mr. Forsberg and
the Town representatives, and has failed to follow the protocol outlined in the
approval.
a. 100 Pocono Road, #201000491: Phase
I of Bike Path (PH close date 8/1/10)
Commissioner Miller opened the public hearing and introduced the members
of the Commission. It was noted that all
members present will be voting members.
Commissioner Samuel read the legal notice, which was published in the
Danbury News Times on June 16 and June 25, 2010. It was noted that the application was
received on June 14, 2010. Commissioner
Miller reviewed the policies and procedures that govern public hearings.
It was stated that there was no correspondence related to the application
in the file.
D. DiPinto, Director of Parks
and Recreation, Town of Brookfield, residing at 106 Heatherwood Dr., Brookfield, CT, and Andrew Carrier, ConnDOT
Enhancement Team, Vanasse Hangen and Brustlin, Middletown, CT, were present. Mr.
DiPinto reviewed Phase IA of Phase I . He pointed out that the project does not
require State DEP permitting, but does fall into the upland review area. Mr. DiPinto noted that a site walk with the
Commission. He reviewed that the original
application was submitted in 2003, and that he is hopeful that the final plan
for the entire Phase I project will be completed within three to six months;
with an estimated two-year completion date for the entire Bike Path. Additionally, there is an opportunity for the
attainment of State and federal funding.
The proposal does stay out of the 100-year flood plain.
Mr. Carrier reviewed Phase I in detail, and indicated the project was
brought forward in response to an offering from the DOT for funding for
enhancement projects. The trail will run
from the Four Corners area, cross over the Still River,
and south to the area on Federal Road/Route 133 known as the “corn maze. He noted that the realization of the width of
the flood plain lead to an increase of the pedestrian bridge from 80 feet to
165 feet. Mr. Carrier discussed how the
federal government is offering stimulus funds for projects that are “shovel
ready”. The project met the federal
requirements in that it does not require rights-of-way and does not require
State permitting. Additionally, Mr.
Carrier stated that there is no impact to the wetlands. The trail will be 10 feet wide, with
screening and a retaining wall, and comply with federal regulations. There will be no greater than a five percent
grade. No material will be removed from
the site, nor will any be brought in.
Commissioner Miller reviewed his understanding of the excavation that
will take place with the installation of a gravel and asphalt base. There will be no subsurface draining, just
sheet flow as it grades downward to the wetlands. There is a pipe that crosses under part of
the site, but it is not part of the current proposal for this phase, and
improvements are expected when that phase is presented. Commissioner Miller inquired regarding the
paths to the soccer fields, and was advised that they will remain as they
are. The parking lot will be paved. An existing footpath will be relocated
slightly to integrate to the proposal.
Chairman Vulcano noted the amount of invasives along the path. There is a plan for managing and maintaining
this via Scout group projects.
Commissioner Miller noted the safety and environmental issues involving
some of the affected trees. There was
discussion regarding utilizing this area, as well as another near the high
school, to educate school-aged children regarding forestry management and the
wetlands. Upon inquiry from Vice
Chairman Goletz, the applicant’s representatives acknowledged that some cutting
along the trail will be done.
Commissioner Fox inquired if it was possible for the construction to be
done during a drier portion of the season, past the rain season and nesting
time for the animals. Mr. Carrier
explained that the work would like to be done when favorable pricing could be
obtained from contractors, and noting that paving cannot be done until Spring.
Chairman Vulcano inquired regarding the sewer project, and WEO Daniel
explained that cutting and other work was done in the upland review area. Commissioner Fox reiterated her concern
regarding doing work during March April and May, and there was discussion
regarding the impact to habitat and the connection between the physical site
and the timing of the work.
Vice Chairman Goletz inquired regarding the sequence. Mr. Carrier explained that the applicant is
not stipulating how the work be done.
The Commission requested that the work be done in a staged fashion,
staying away from the river.
Commissioner Fox noted that the application package is for the entire
project, and it was noted that any approval to tonight’s plan would be
delineated only for the portion discussed at this meeting.
The photographs of the gazebo were reviewed.
There were no questions of
clarification from the audience.
The following individuals spoke
in favor of the application: D. and E.
Delambert, Obtuse Road North; W. Davidson, 19 Cove Rd., speaking as First
Selectman, pointed out that there is minimal funding in the Town budget for
tree maintenance; and speaking as a private resident, noting the safe and level
nature of the bike bath.
No one was present to speak in
opposition to the application.
Commissioner Miller
moved to close the Public Hearing re:
100 Pocono Rd., #201000491, Phase I of Bike
Path. Commissioner Samuel seconded the
motion, and it carried unanimously.
There was brief discussion regarding the points brought up involving the
trees, timing, and staging of equipment.
Commissioner Miller
moved to approve 100 Pocono Rd., #201000491, Phase I of the Bike Path, with the
following stipulations: that the parking
lot be completed first and used for the staging of all materials and equipment;
to minimize the staging of equipment, and to keep it as far away from the river
as possible; that a preconstruction meeting occur regarding the selection of
cutting of trees; between the WEO, the Town’s tree warden, the Chair of
Conservation Commission, the contractor and the Director of Parks and
Recreation; and that work proceeds as follows:
the installation of the sediment controls, silt fencing, stumping and
excavation. It was noted that the path
will be on a five percent grade, and that there be no removal or addition of
soils. If a field modification needs to
occur, the contractor should contact WEO.
It was further noted that the approval is for what is called out on the
drawings as Phase I. The Commission also
noted the following preferences: that
any excavation work will be done during the drier times; and if feasible, that
the Town remove invasives. Chairman
Vulcano inquired if there was an easement by the power company for the lines
that are present, and Mr. DiPinto indicated he has never seen any
representatives there for maintenance.
The approval is for the Site Plan prepared by Fuss and O’Neill, Project
No. 06970.A20, dated June 2010, and received by the
Land Use Office on June 9, 2010. After
further review of the plans, and in response to the Chair’s inquiry, the
right-of-way for the utility tower was noted on the plans. Commissioner Fox seconded the motion, and it
carried unanimously.
.
9. New Business:
b. 158 North Lake Shore Dr.
#2000800152: Permit Transfer – No one present. Commissioner Miller moved to approve the
permit transfer for 158 North Lake Shore Dr., #200800152. Vice Chairman Goletz seconded the motion, and
it carried unanimously.
a.
Minutes
of other Boards & Commissions: Zoning
Commission 6/10/10; Zoning Board of
Appeals 6/7/10
b.
Other Correspondence:
2. Inspection memoranda dated 6/14/10 and
6/18/10 re: 8A Stage Road #200900009. – inspection memoranda dated 6/14/10 and 6/18/10 re: 8A
Stage Road #200900009. – The report of D. Virbickas was reviewed. WEO Daniel indicated that the logs are
functioning as erosion control, and all of the stipulations are being
followed.
1.
Memorandum from David L. Grogins to William R. Davidson re: Self-represented
Commission Member dated June 21, 2010 – There was discussion regarding the
undue burden put on volunteer Commission members regarding appearing before
Boards and Commissions. Commissioner
Miller stated that in his capacity serving on the Vacancy Committee of the
Republican Town Committee, it is difficult to get volunteers to serve. No motion.
3. Review Minutes of Previous Meetings: 6/14/10
- Review of Minutes – Chairman Vulcano moved to approve the Minutes of the June
14, 2010 meeting. Commissioner Fox
seconded the motion, and it carried, 4-0-1, with Commissioner Samuel
abstaining.
13. Informal Discussion:
14. Adjourn
Commissioner
Miller moved to adjourn the meeting at 8:53 p.m. Vice Chairman J. Goletz seconded the motion,
and it carried unanimously.
***Next regular meeting scheduled for July 12, 2010***