TOWN OF GOSHEN
INLAND WETLANDS COMMISSION
REGULAR MEETING MINUTES
THURSDAY, AUGUST 5, 2010
PRESENT: Chairman Thomas Stansfield, Ray Turri, Lorraine Lucas, Rick Wadhams; Town Planner/Inland Wetlands Enforcement Officer, Martin Connor, AICP.
EXCUSED: Allen Kinsella, Martin Bothroyd, Anthony Savarese
1. CALL TO ORDER:
Chairman Thomas Stansfield called the meeting to order at 7:15PM.
2. PUBLIC HEARINGS:
No business was discussed.
3. READING OF THE MINUTES – June 3, 2010.
MOTION Mr. Turri second Mrs. Lucas, to approve the minutes of the July 1, 2010 regular meeting as written; unanimously approved.
4. OLD BUSINESS:
A. Edward Wright for Sara Wright, 64 ½ Sandy Beach Road, Repair/Replace Existing Shoreline Wall.
Ed Wright was present to discuss the replacement of the existing shoreline wall. He reviewed the detailed drawing he prepared for a poured-in-place concrete re-enforced wall for shoreline stabilization along with a Map titled, “Property Survey, Prepared for Sara E. Wright, 64 ½ Sandy Beach Road, Goshen, Connecticut,” by Ronald E. McCarthy, LLC, dated 6/24/09. The wall will tie into the neighboring Marchand shoreline wall which is also a poured-in-place concrete re-enforced wall. Work will be done after the lake is drawn down in the fall.
MOTION Mr. Turri, second Mr. Wadhams, to approve the application as presented in the matter of Edward Wright for Sara Wright, 64 ½ Sandy Beach Road, Repair/Replace Existing Shoreline Wall, unanimously approved.
5. NEW BUSINESS:
A. Raymond & Marijane Truting, 90 Sandy Beach Road, Repair/Replace Existing Shoreline Wall.
Raymond Truting Jr., was present to discuss his application to repair the existing shoreline wall for shoreline stabilization. The existing rubble wall has been severely damaged by the ice over the years. He showed the Commission photos of the existing wall in disrepair. The plan is to repair the wall using the existing rocks on site. He is still in the process of selecting a contractor and does not yet have the final construction details. Mr. Stansfield requested that he prepare a sketch/plot plan to show the shoreline of the property where the wall will be repaired. A detailed plan on how the wall will be repaired also needs to be supplied to the Commission before approval can be granted.
MOTION Mr. Turri, second Mr. Wadhams, to accept the application with a detailed construction plan and sketch/plot plan of the property to be submitted for the next meeting. Motion unanimously approved.
.
MOTION Mr. Stansfield, 2nd Mr. Turri to add the following items to the agenda under new business:
· Kathleen Ruzbasan, 140 Sandy Beach Road, Repair/Replace Existing Shoreline Wall.
· Leon Anstett, 26 Whist Pond Road, construct ½ acre farm pond.
· Jeffrey Mirman for Patrick Sullivan and Patricia LeShane, 52 Cottage Grove, rebuild stone retaining walls at waters edge.
· Jay Upton for James Upton, 50 Brooks Road, Eradicate Phragmites invasive species in wetlands
Motion carried unanimously.
B. Kathleen Ruzbasan, 140 Sandy Beach Road, Repair/Replace Existing Shoreline Wall.
Ed Wright was present on behalf of Ms. Ruzbasan to discuss the repair of the existing shoreline wall for shoreline stabilization. He revieweda detailed drawing he prepared for a poured-in-place concrete re-enforced wall for shoreline stabilization along with a copy of a map on file in the Town Clerk’s records showing the shoreline on the property where the wall will be repaired.
MOTION Mr. Turri, second Mr. Wadhams, to accept the application. Motion unanimously approved.
C. Leon Anstett, 26 Whist Pond Road, construct ½ acre farm pond.
Leon Anstett was present to discuss digging a ½ acre pond to use to irrigate crops and for future livestock he might raise on the farm. An aerial plan was shown that depicted the area where he wishes to dig the pond. He will spread the spoils from digging the pond in the existing fields. Mr. Anstett stated the pond was necessary for his existing agricultural use of the land. The Commission asked that he come back before the Commission should he desire to enlarge the pond in the future.
MOTION Mr. Turri, second Mr. Wadhams, to declare the proposed ½ acre farm pond a permitted us as of right per Section 4.1 A. of the Regulations. Motion unanimously approved.
D. Jeffrey Mirman for Patrick Sullivan and Patricia LeShane, 52 Cottage Grove, rebuild stone retaining walls at waters edge.
Attorney Jeffrey Mirman was present along with Patrick Sullivan to discuss an after-the-fact application for a stone retaining wall and stone jetty constructed without the required inland wetlands permit. The Commission at their 12/9/09 meeting had denied an application for this stone jetty based on a survey submitted that suggested the stone jetty was constructed off-site. An opinion letter from Attorney Mirman was submitted to Mr. Connor dated 5/11/10 that indicated that Connecticut laws regarding the littoral ownership rights of lakefront owners would allow the Sullivan’s to rebuild or improve the stone jetty. The Commission asked the Commission’s Attorney, Charles E. Roraback, to review this letter and respond. Attorney Roraback’s letter dated 7/28/10, to Mr. Connor was reviewed and discussed. Attorney Roraback reviewed Attorney Mirman’s letter and the deed to the property and concurred with Attorney Mirman regarding common-law rule, however, indicated that the stone
retaining wall work and stone jetty work is subject to regulation by the Commission. The Sullivan’s had wanted to finish off the stone jetty as a patio area. Mr. Connor had discussed alternative solutions for completing work on the stone jetty without further impacting the lake with Mike Sullivan. A suggestion of the use of filter fabric back filled with soil and grass was made which was presented to the Commission by the applicant. The application presented included this suggestion for finishing the jetty area. Commission Members expressed concern regarding the likelihood of soil and grass clippings getting into the lake. Other alternatives were suggested including the use of washed river stone to fill the existing voids in the jetty thereby leveling the jetty area but still keeping the area pervious. The applicant agreed to return at the next meeting with a detail showing this stone alternative. An after-the-fact application
fee of $195 was collected.
MOTION Mr. Turri, second Mrs. Lucas, to accept the application. Under discussion Mr. Stansfield expressed his dissatisfaction with the “do the work 1st asked for forgiveness afterwards,” aspect of this application. He is worried about the bad example set here for other lake front owners who might go ahead and do work without seeking the necessary approvals. Motion to accept the application was unanimously approved. The Commission agreed to stay further enforcement until the application submitted was decided.
E. Jay Upton for James Upton, 50 Brooks Road, Eradicate Phragmites invasive species in wetlands
Jay Upton was present representing his Father James Upton regarding an application to eradicate the Phragmites that was overtaking the wetlands on their property. They are working with the USDA to mechanically cut and follow-up with a herbicide spray, Imazapyr, on approximately 28 acres of the 40 acres of wetlands on their property.
MOTION Mr. Stansfield, 2nd Mr. Turri to declare this activity a non regulated activity per Sections 4.1.D and 4.2.A of the Regulations. Motion unanimously approved.
6. INLAND WETLANDS ENFORCEMENT OFFICER’S REPORT:
The Commission received and reviewed the Inland Wetlands Enforcement Officer’s report. Mr. Connor further informed the Commission that he had been inspecting the Town’s maintenance/drainage improvements on West Hyerdale Drive & Canterbury Court. He had discussed E&S Controls with the Town’s engineering consultant Richard Calkins, P.E. In addition Mr. Valentine had informed him that the Town’s Tyler Lake Dam project was expected to begin September 7, 2010.
MOTION Mr. Stansfield, second Mr. Turri, to accept the Inland Wetlands Enforcement Officer’s Activity Report for July 2, 2010 – August 5, 2010; unanimously approved.
7. CORRESPONDENCE:
None
8. ADJOURN:
MOTION MR. Wadhams, second Mrs. Lucas, to adjourn at 8:15 P.M; unanimously approved.
Respectfully submitted,
Martin J. Connor, AICP
Town Planner/CZ&WEO
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