TOWN OF
INLAND WETLANDS COMMISSION
(summary of meeting)
(subject to approval)
The Inland
Wetlands Commission held a special meeting on
Present:
Scott Martin, Chairman
Carl Hornbecker, Vice Chairman
Edward Edelson, Secretary
Ralph Crozier
William Spencer, Alternate
Kate Beardsley, Alternate
Also present: Mark Massoud, Land Use Inspector, Mr. Raj Bhatia, applicant and Mr. Mark Lancor from Dymar.
Show Cause Hearing
– Willow Creek Estates
The meeting
was called to order at 8:
Mr. Martin indicated that this hearing has been called in regard to the lack of soil erosion controls and impacts to wetlands.
Mr. Massoud explained the he has been monitoring the site on a regular basis and the erosion controls have gotten to a point of disrepair over the winter. In March there was a lack of development and construction activity and the erosion controls should have been brought up to minimal level due to the lack of this activity.
Mr. Massoud informed the commission that he had been receiving weekly reports from the on-site engineer and these reports also noted the lack of adequate erosion controls on the site.
By the middle of March, Mr. Massoud had requested that the erosion controls be brought up to proper standards and gave a deadline to the applicant for compliance. The applicant had started to implement measures but never completed all the issues as presented by Mr. Massoud.
A violation
notice was issued on
Mr. Massoud informed the commission that he had met with Mr. Bhatia and Mr. Lancor on site and some stabilization on the slopes and erosion controls had commenced.
Mr. Lancor explained that last fall had been very dry and the vegetation planted would not take but now a full crew was working on the slopes to get topsoil and seed established. Further, silt fence has been placed above the slopes in order to keep water away from the work being done.
Mr. Lancor explained that once the slopes have been properly stabilized, they could start work on the shoulder stabilization of the water quality basins. This stabilization will consist of a wet meadow mix and boulders.
Mr. Spencer indicated that seeding will require water and questioned where the water will come from.
Mr. Lancor indicated that they will apply matting in order to retain the moisture.
Mr. Bhatia stated that several issues had risen that delayed any type of activity on this site. He explained that his source of funding had been interrupted and he had to come up with alternative financing and his chief operating officer had to leave for personal reasons.
Mr. Edelson questioned if any monitoring of downstream properties had taken place.
Mr. Lancor stated that they were monitoring discharge points
and had not had any polluting of the water.
He did inform the commission of the proposal of the town to pave
Mr. Massoud reported that at a low point in the road a sediment trap is missing and water collects on the road. There have been problems with the pond and stream and some sediment traps that are on the plans are missing on site.
Mr. Lancor suggested that silt sacks be installed in the basins so they may be emptied and put back in. He felt that sediment traps would be difficult because they are working with machinery and would have to keep covering the traps and then uncover in order to accomplish the work.
Mr. Massoud’s opinion was that too much of the site had been opened up for the silt sacks to work properly.
Mr. Lancor indicated that the sacks would be backed up with silt fence, check dams and hay bales in a series.
Mr. Edelson noted the lack of a speedy response from the applicant when notified by Mr. Massoud of lack of compliance with the approved plan.
Mr. Bhatia indicated that they did what they could do until more of a work force was hired. Admittedly, he indicated that communications might have been limited with Mr. Massoud regarding the reasons nothing was being accomplished on the site.
Mr. Hornbecker questioned if the phases as approved had been jumped without completing the first stage which was stabilization of the slopes. He indicated that the entrance/crossing should be brought up to some level of stabilization.
Mr. Massoud indicated that the applicants had constructed a gravel pad, filled the area for a couple of feet with gravel and erosion controls had been installed.
Regarding the entrance, Mrs. Beardsley stated that she had witnessed rip rap washing into the brook after every storm and the silt fence had been installed incorrectly.
According to Mr. Lancor, the bank makes the call on what needs to be done on site and when.
Mr. Hornbecker asked if Mr. Lancor was indicating that the issue regarding the phasing was because of the constrictions put on the applicant by the bank.
Mr. Bhatia indicated that this would be accurate and this was a very real issue.
On a question from the commission, Mr. Massoud listed the issues that he required to be addressed. Those are as follows:
· Stabilization of side slopes
· Installation of perimeter erosion controls
· Haybales around sediment traps
· Sediment traps installed or alternative (sediment traps)
Mr. Massoud indicated that some of this work had been done but the applicant needed to implement all controls in a timely fashion.
Mr. Bhatia indicated that the project is currently in full speed ahead mode and the next month should result in substantial work being completed.
Mr. Martin inquired if any house construction had begun because he was concerned about further trouble when house construction is initiated.
Mr. Bhatia replied that only the model home construction has begun. Further, he indicated that further financial troubles should not occur once more homes are under contract.
Mr. Crozier once again noted that the entrance was under phase I of the approval and the applicant has not followed the phasing plan.
Mr. Bhatia disagreed with this assessment and explained the work was done in different intervals in order to avoid impacts. Further, he questioned what the proper protocol was if work was initiated out of the phasing perimeters.
The commission indicated that he or his engineer should speak to Mr. Massoud if and when this occurs.
Mr. Hornbecker moved to close the Show Cause Hearing based on an update from the applicant within a two week time period and at the next regular meeting. Mr. Edelson seconded the motion and it was carried unanimously.
Seeing that there was no further business, Mr. Hornbecker moved to close the meeting. Mr. Spencer seconded the motion and it was carried unanimously.
The meeting was adjourned at
Respectfully submitted,
Karolyn Cardillo
Clerk