MINUTES

BROOKFIELD INLAND WETLANDS COMMISSION

Monday, December 17, 2007 – 7:00 p.m.

TOWN HALL MEETING ROOM # 133-134

 

1.      Convene Meeting  Chairman L. Miller convened the meeting at 7:00 P.M.

2.      Roll Call and Designation of Alternates  Present:  Chairman L. Miller,  Vice Chairman  J. Vulcano,  G. Dembowski (arrived at 7:57 P.M.), and Alternate and Voting Member J. Willey.   Absent:   A. Garzi, Alternate M. Labadia, and Secretary B. Holcombe. 

Also present:  Recording Secretary D. Cioffi

K. Daniel, Wetlands Enforcement Officer, was not present due to a medical emergency.

3.      Wetlands Enforcement

a.                   Enforcement Officer’s Report:

1.                  117 Tower Rd. & 3 Cross Rd. #200700155

a.         Letters to S. Kelly & B. Lore from K. Daniel dated 12/3/07 – S. Kelly, Property Owner, was present.  Since his last appearance before the Commission, there is a small section in the rear of the property that has not been corrected.  The remainder has been cleaned of sediment.  Ms. Daniel’s last correspondence from September 12, 2007 was reviewed.  It is likely that because of the winter weather, she will be unable to inspect the property again until the Spring.   J. Vulcano moved, seconded by J. Willey, to continue 117 Tower Rd. & 3 Cross Rd., #200700155, to April 28, 2008.  Motion carried unanimously, 3-0.

2.                  11 Nicole’s Court #200701318 –

a.         Notice of Violation dated 12/6/07 – J. Mazur, Property Owner, 11 Nicole’s Court, was present.  Chairman Miller reviewed the Notice of Violation of December 6, 2007.  Mr. Mazur indicated he did not receive the Notice, and that he was present to discuss his letter to the Commission dated December 7, 2007 regarding runoff from a neighboring development.  The Commission was not in possession of the letter, nor did it have any knowledge of this separate issue.  With regard to the Notice of Violation for work in the regulated area without a permit, Mr. Mazur indicated he had begun installing a retaining wall to stop erosion on the site.  He stated that this was done at the recommendation of B. Wood of First Light Hydrogenerating Company.  First Light was also sent a Notice of Violation.  Mr. Mazur stated that the erosion was caused by wakes from the lake, and he was building a seawall to fight the erosion.  Photographs were reviewed.  Mr. Mazur was given a copy of the Notice of Violation, and it was recommended that the item be continued until Ms. Daniel’s return.   J. Vulcano moved, seconded by J. Willey, to continue 11 Nicole’s Court, #200701318, to the next regularly scheduled meeting.  Motion carried unanimously, 3-0.

3.                  60 Arrowhead Rd. #200700637 – J. Vulcano moved, seconded by J. Willey, to continue 60 Arrowhead Rd., #200700637, to the next regularly scheduled meeting.  Motion carried unanimously, 3-0.

4.         50 North Lake Shore Dr. #200600634 – A motion to continue 50 North Lakeshore Dr. #200600634, to the next meeting, was made by J. Vulcano and seconded by J. Willey.   Motion carried unanimously, 3-0.

5. and 6.   33 Hidden Brook Rd. #200401199,  #200700838 –  J. Vulcano moved, seconded by J. Willey, to continue 33 Hidden Brook Rd., #200401199 and #200700838, to the next regularly scheduled meeting.  Motion carried unanimously, 3-0.

7.         101 Obtuse Hill Rd. – “Whispering Glen Subdivision” #200700357 – L. Miller recused himself from this matter.   No quorum on this matter, no action.

                  8.         113 Whisconier Rd. #200601364 – J. Vulcano moved, seconded by J. Willey, to continue 113 Whisconier Rd., #200601364, to the next regularly scheduled meeting.  Motion carried unanimously, 3-0.

                  9.         28 Hidden Brook Rd. #200701335

                              a.         Notice of Violation dated 12/11/07 – A. Gilligan, 28 Hidden Brook, was present.  Commissioner Willey advised that there is no conflict of interest and no need for him to recuse himself from this matter.   A Notice of Violation was sent to her because of the construction of a seawall and an increase in size of a retaining wall was within 200 feet of the Lake.  Photographs were reviewed.  The house was built in 1997, and prior work had been done by previous owners. The Commission felt it would be important to review the previously approved and permitted work.   Chairman Miller explained the permit process for her.  The most recent work was started last fall and completed over this past summer.  Vice Chairman Vulcano discussed how First Light is compiling a history of the development of the lake.    J. Vulcano moved, seconded by J. Willey, to continue 28 Hidden Brook Rd., #200701335, to the next regularly scheduled meeting.  Motion carried unanimously, 3-0.   It was requested that the Land Use Office provide the Commission with any file containing previously approved permits and activity on this property.

 

Commissioner G. Dembowski arrived during discussion of the following matter, at 7:57 P.M.  He abstained from voting on this matter due to his late arrival.

 

  1. Old Business:

a.                   1 Aldrich Rd. #200701306: New single family dwelling (dec. date 2/12/08) –Attorney P. Scalzo, 2 Stony Hill Rd., Bethel, CT, and S. Sullivan, Licensed Engineer, CCA, 40 Old New Milford Rd., were present.   Attorney Scalzo explained the history of the parcel, and stated that an application to change the zone from industrial to residential was recently approved.  Additionally, variances were granted to make it a conforming lot for a residence.  The lot does not contain any wetlands but does sit in a regulated area.  The applicant sought approval from the New Milford Wetlands Commission for the gravel driveway, and will receive any necessary emergency services from New Milford.   There was discussion regarding an abutting property owner’s drainage issue.  Trees that would likely be cleared from the site were noted.   Upon inquiry, Attorney Scalzo stated that no one from the Weantanogue Land Trust appeared at the public hearings before the Zoning Commission or Zoning Board of Appeals to dispute the proposal.  Vice Chairman Vulcano discussed his conversation with the abutting neighbor during his inspection, related to drainage issues.  It was suggested that the footprint be reconfigured and the line of disturbance be clearly demarcated with split rail fence and a planting plan.  Chairman Miller and Commissioner Willey indicated they would inspect the property prior to the next meeting.  G. Dembowski arrived at 7:57 P.M.  The applicant’s representatives were requested to consider the comments of the Commission relative to the landscaping plan.   Upon inquiry from J. Vulcano, Mr. Sullivan explained the septic operation.   J. Willey moved, seconded by J. Vulcano, to continue this matter to the next regularly scheduled meeting.  Motion carried, 3-0-1, with G. Dembowski abstaining.

 

6.   Tabled Items:

 

7.   Correspondence & Bills:

a.                   Correspondence:

2.      Letter from Robert & Marsha Mebus dated 12/11/07 Re: 18 White Tail Lane – M. Mebus, 6 High Ridge Grove, E. Talian, 3 High Ridge Grove, and M. Griffey, 1 High Ridge Grove were present.  The Commission reviewed Ms. Mebus’ letter dated December 11, 2007.   She and Ms. Talian discussed the drainage problems that exist on their road, and explained why they believe the development of a property at 18 White Tail Lane will adversely affect the conditions there.  Topography, elevations of the land, and proposed grading associated with the 18 White Tail Lane project, were reviewed.    Ms. Mebus indicated that culverts in the area were unable to handle a strong storm this past April.  The Director of Public Works was advised of the problems, and indicated he would provide a report, but to date, he has not done so.  Ms. Mebus stated that other inspections of the existing problem have taken place during times of drought.  There was additional discussion regarding the maintenance of the catch basins and if maintenance is required.  Mr. Vulcano explained the proposed plans for piping on the new project and stated that the water might actually flow better.  The neighbors expressed their strong concern that the problem may become worse.  Chairman Miller clarified for the neighbors that the approval for 18 White Tail Lane did not need a federal permit because less that 5,000 square feet of the wetlands would be disturbed.  The elevations and the square footage calculations on the map for 18 White Tail Lane were reviewed, because a recalculation was done during the approval process.   The areas of disturbance were highlighted on the map.   The neighbors agreed that the plan that was approved was more satisfactory than the initial one proposed.   Ms. Talian inquired if the Commission would consider withdrawing the approval based on inaccuracy or incompleteness in the application, and was advised that the permit cannot be revoked.   The Commission noted that the property owner of 18 White Tail Lane applied with the application form that requires the most rigorous review.   The Commission will speak with Ron Klimas regarding this item, specifically, the catch basin; and the Chairman will speak with the property owner of 18 White Tail Lane to determine his willingness to have his engineer review the site one more time.  Lastly, the neighbors were advised that if the problems they are concerned about do occur, matters could be handled through enforcement.

 

            8.         Informal Discussion

 

D. Cole, re:  12 Nicole’s Court was present.   He indicated he is the contractor working on the property discussed earlier this evening, and wanted to advise the Commission that he has a permit for the work.   

 

            3.         Wetlands Enforcement (continued)

                  b.   Enforcement Correspondence:

1.    Memo from K. Daniel dated 12/11/07 Re: Summary of Stipulations for 5 Nabby Rd. – Ms. Daniel’s memo was reviewed.   J. Vulcano moved, seconded by G. Dembowski, to direct K. Daniel, Wetland Enforcement Officer, to follow up on the unfinished stipulations re: 5 Nabby Rd.  Motion carried unanimously, 4-0.

 

4.   Review Minutes of Previous Meetings: 12/10/07 – G. Dembowski moved, seconded by J. Vulcano, to approve the Minutes of the December 10, 2007 meeting. Motion carried unanimously, 4-0.

                       

Miscellaneous – There was discussion regarding the Site Walk scheduled for January 10, 2008 for the Costco application.  The attorney for the applicant indicated that the property owner has given permission for the Inland Wetlands Commission and its experts only to attend the site walk.  Because the site walk has noted publicly in local newspapers, there is a concern that members of the public will attend.  G. Steiner, Property Owner was present, and indicated he would prefer that just the Commission and its experts to access the property for the site walk.  It was requested that the Land Use Office to clarify this detail publicly.

 

The Commissioners indicated they were receiving telephone calls from the press regarding the application, and were advised by the Chairman to direct these individuals to attend the public hearing and/or meetings, and/or to refer to the Minutes from those sessions.

 

9.   Adjourn

 

G. Dembowski moved, seconded by J. Willey, to adjourn the meeting at 8:52 P.M.  Motion carried unanimously, 4-0.

 

 

***Next regular meeting scheduled for January 14, 2008***