Inland Wetland Agency
31 Pecks Lane
Newtown, CT. 06470
Tel. (203) 270-4350
Fax. (203) 270-1528
CONSERVATION COMMISSION
MINUTES
REGULAR MEETING
February 22, 2006, 7:30 P.M.
31 PECKS LANE
Newtown, CT
PRESENT: O’NEIL, PETERS, KOTCH, COLLIER, THE CONSERVATION OFFICIAL; ROB SIBLEY AND THE CLERK; ANGELICA MILLER
NOT PRESENT: NICKERSON AND GILLINGHAM
Commissioner Peters made a motion to put the continuation of the public hearing #05-64 5K Enterprises, LLC, second by Collier; carried 4-0.
CONTINUATION PUBLIC HEARINGS
#05-64 5K Enterprises, Edmund Road, application for a commercial development, received 12/20/05. The public hearing opened on 02/08/06.
Atty. Robert Hall with offices at 43 Main Street, Newtown said that the applicant reduced the impact to the wetlands; he also said that the water-flow would be redirected to Edmund Road.
Larry Edwards said that the first part of the report was the same but there were some additions to the rest. He said that the size of the buildings have been reduced to minimize the impact to the wetlands. He also said that this application met the State of Connecticut storm-water management guideline requirements.
The Commission asked for the following:
-A description of the ecological communities and functions of the watercourse and wetlands on the application site plans and alternatives
-A description of how the proposed activities will change diminish or enhance those communities
Jennifer L. Beno said that the above information was part of the Environmental Report dated February 16, 2006. She said that the wetlands on the site had been previously disturbed and were low quality, and that in her opinion the proposed activities would not be of significant impact to the ecological communities.
Commissioner Kotch made a motion to extend this public hearing for 35 days, second by Peters; carried 4-0.
PUBLIC HEARING
#06-01 Dauti Construction, LLC, 95 Church Hill Road, application for proposed construction of affordable housing, received 01/11/06 take action by 03/08/06.
Commissioner Peters read the notice to the record.
Ryan Mckain said that this was not affordable housing but and mixed income community and that it was a P&Z issue and not a wetlands issue.
Steve Trinkaus, P.E. with offices in Southbury, CT said that the site was revisited for wetlands, additional wetlands were found on the site. Mr. Trinkaus said that a storm water control system would be install, the buildings would be placed to work with the landscape and there would be an evergreen buffer from the residents on Church Hill Road.
The Commission had questions about mitigation; Mr. Trinkaus responded that the wetlands were above all construction, he also said that the swells would become wetlands overtime and increase the gabitad, Mr. Trinkaus also said that the invasive species would be removed.
o Resident from 162 Jennifer Lane had concerns about the buffer areas for noise.
o Resident from 97 Church Hill had some concerns that needed to be addressed during the planning and Zoning approval process.
o Some residents had concerns about blasting, earth removal; Mr. Trinkaus said that most of the material would be relocated on the site, but the excess would be removed.
Commissioner Kotch made a motion to continue this public hearing to 03/08/06, second by Peters; carried 4-0.
PENDING APPLICATIONS
#05-52 Steve & Katalin Poyak, 5 Twist Hill Lane, application for a proposed 8-lot residential subdivision, received 09/28/05, public hearing opened 11/09/05 close by 12/14/05. (Kotch) Extended for 35 days. Commissioner Collier made a motion to DENY this application seconded by Peters; carried 4-0.
The application was denied based on the following reasons:
1. The character and degree of injury to the wetlands and watercourse, which is in proximity to the disturbance for the proposed site work. Specifically that the close proximity of road and building activities do not adequately address the impact to the wetlands and watercourses. Based on expert testimony by the applicants soil scientist on the presence of a vernal pool and the critical habitat required for this water body by it’s obligate species.
2. Impacts of the proposed regulated activity on wetlands or watercourses outside the area for which the activity is proposed and future activities associated with, or reasonably related to, the proposed regulated activity which are made inevitable by the proposed regulated activity and which may have an impact on wetlands or watercourses. Specifically the intensity of road and building activities impact on the wetlands and watercourses, and the reduction to the ability of wetlands functions able to be supported by the upland areas of this parcel.
#05-55 CPCI, LLC, “Consumer Petroleum” 47 Church Hill Road, application to replace existing gas station with a new gas station with a convenience store, received 10/26/05 take action by 12/14/05. (Kotch) (Extended for 35 days). (Extended for 30 days) The applicant submitted a letter withdrawing this application and requesting the Commission to waive the fee when the application is resubmitted. Commissioner Collier made a motion to waive the fee for the resubmission of this application, seconded by Kotch; carried 4-0.
#06-03 Barry Southard, Edge Lake Road, application for the installation of a new drainage pipe, received 01/25/06 take action by 03/22/06. (Collier) Commissioner Collier made a motion to APPROVE this application with conditions: 1. Erosion and Sediment Controls as illustrated on the plan, and where deemed necessary by the Conservation Official, will be installed prior to construction and maintained until all disturbed soils have been stabilized. 2. The Conservation Official must be notified in writing one week prior to commencement of the permitted activity and again upon completion of the activity. 3. A copy of the approved plans will be on the site at all times. Commissioner Kotch second this motion; Commissioner Collier made a second motion to
add condition 4. The plans dated 02/16/06 are subject to the approval by The Town Engineer. Kotch second the amendment to the motion. All voted in favor of the two motions.
#06-04 Joseph Voll, 253 South Main Street, application to correct violation, received 01/25/06 take action by 03/22/06. (Peters) Bob Hall answered questions from the Commission. This application is tabled until the Commission reviews the new information.
#06-06 Permit Me Please, 41 Echo Valley, Application for construction of a 20’x39’ pool with fence, received 02/08/06 take action 04/12/06. (Kotch) The owners of the property cut the trees because the branches were hanging over the house and they felt it was a safety issue. The pool is being proposed approximately 25’ to the wetlands. This application is tabled to the next meeting.
AQUIFER PROTECTION REVIEWS
APR#06-02 E&AI&G Sand Hill Plaza LP, South Main Street, application to amend a special exception to expand leasable area of existing shopping center by 3,618 s.f. to a new total of 163.554 s.f. The existing mall area is reconfigured to provide the additional space. Commissioner Collier made a motion that this application is in compliance with section 4.04 of the Zoning Regulations, Kotch second the motion; carried 4-0.
APR#06-03 Application by Peter A. Spath Trust for an amendment to a special exception to allow construction of two additional commercial buildings at 5, 9 & 17 Dusty Lane, Newtown, CT., Assessor’s Map 47, Block, 11, Lots, 16, 17, and 42. Commissioner Kotch made a motion that this application is in compliance with section 4.04 of the Zoning Regulations.
APR#06-04 Application by E&R Commercial Companies, Lot-9 Turnberry Lane Curtis Office Park; this application is tabled to the next meeting.
OTHER BUSINESS
RM#00-42 John Glaberson, LLC, 2 Valley Field Road, request for modification for an existing wetlands license.
Commissioner Peters made a motion to approve with conditions:
1. Erosion and Sediment Controls as illustrated on the plan, and where deemed necessary by the Conservation Official, will be installed prior to construction and maintained until all disturbed soils have been stabilized.
2. The Conservation Official must be notified in writing one week prior to commencement of the permitted activity and again upon completion of the activity.
3. A copy of the approved plans will be on the site at all times.
4. No alteration of the site plans is allowed for this permit, unless a modification is requested and granted by the commission or its agent.
Commissioner Kotch seconded the motion; carried 4-0
Commissioner Peters made a second motion to extend this permit for 5 years, second by Kotch; carried 4-0.
RM#04-16 Adath of Israel, 115 Huntingtown Road, request to modify an existing wetlands permit in relation with a violation. (Gillingham) This application is tabled to the next meeting.
RM#01-02 Jude Tallman, 32 Cedar Hill Road, request for an extension for wetlands permit, received 02/08/06 take action 04/12/06, (Gillingham) after a review the Commission determined that this application has several changes from the original application. This application is tabled to the next meeting.
VIOLATIONS
Vio#06-04 Mr. & Mrs. Frate, 13 Russett Road, Mr. & Mrs. Frate were present at the meeting, they said that they did not now about the wetlands, the all records don’t show wetlands on the site and their intention was to have some play area for the kids. The Commission asked Mr. & Mrs. Frate to bring in a complete plan by the next meeting.
Vio#06-05 11 Church Hill, LLC, 11 Church Hill Road, Atty. Robert Hall said that he was representing 11 Church Hill Road, LLC and that the disturbance is not from his client. This application is tabled until all the Commissioners have visited the site.
Accepting Minutes 02/08/06. Commissioner Collier made a motion to accept the Minutes of February 8, 2006, second by Kotch. O’Neil had one correction; #05-52 Steve & Katalin Poyak, 5 Twist Hill Lane -Commissioner Peters made a motion to table this application to the meeting of 02/22/06, second by Kotch, “O’NEIL, PETERS, KOTCH, GILLINGHAM voted in favor and Collier voted against it”. All voted in favor of accepting the Minutes of 02/08/06 as corrected.
| 
