Inland Wetland Agency
31 Pecks Lane
Newtown, CT. 06470
Tel. (203) 270-4350
Fax. (203) 270-4278
CONSERVATION COMMISSION
MINUTES
REGULAR MEETING
January 11, 2006, 7:30 P.M.
31 PECKS LANE
Newtown, CT
PRESENT: O’NEIL, KOTCH, NICKERSON, COLLIER AND PETERS
ALSO PRESENT: ROB SIBLEY; CONSERVATION OFFICIAL, ANGELICA MILLER; CLERK.
NOT PRESENT: GILLINGHAM
CONTINUATION PUBLIC HEARINGS
#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. Extended for 35 days.
Ed Scolville, PE from Stuart Somers Company in Southbury, CT made a presentation. He said that additional maps were submitted as well as a soil report from Environmental Planning Systems, which extended the wetlands line. The location of the existing stonewall was included in the additional plans, he said that the road has been moved as furthest south as possible and trying to meet zoning setbacks and losing a lot in the process. Bill Kenney said that the suspected vernal pool had viable conditions and it would continue to have viable conditions, he said that migration to the east was limited because of the existing road. Residents had concerns about the water runoff increase related to the development. Ed Scolville, P.E. said that they had demonstrated in the drainage report that there would be no
water increase related to the development. Residents also asked what would be the necessary distance to assure the development would not harm the wetland. The conservation official said that it was up to the discretion of the Commission, which would make a decision based on the expert testimonies and additional information from staff members. Motion was made and unanimously carried to extend this public hearing for 30 days.
#05-54 Lois R. Segneri, Lot 138 Alpine Circle, Map#43, Block#20, Lot#138, application for the proposed construction of drive, house and garage, received 10/12/05, public hearing opened 12/14/05 close by 01/11/06. As requested by the Commission the applicant submitted a new soils report by Jim McManus dated 12/05/05; additional wetlands were found related to the watercourse on the site. The applicant made some changes proposing less disturbance except for the existing driveway, 10 acres related to the construction of a house with a garage and horses would be kept on the site. The applicant expressed his interest in designating conservation easements with the help of the Conservation Official. Commissioner Peters made a motion to extend the public hearing for 35 days, second by
Nickerson; carried 5-0. Commissioner Kotch made a motion to continue the public hearing to 01/25/06, second by Peters; carried 5-0.
PUBLIC HEARING
#05-57 Bashert Developers LLC, 12 Pocono Road, application for the construction of a residential age-restricted community, received 11/09/05 take action by 01/11/06. Atty. Jim White with office in Monroe gave a brief overview of the proposed development. He said that changes were made from the original approval from 1998. The site was a sand and gravel mining site back in the 70s, wetlands were disturbed as well as some created as result of the mining operations. The site was later left along and started regenerating in the 90s. David Dickson, Project Manager with offices in Cheshire, CT said that in the new proposal the total disturbance has been reduced, the most of the activities have been moved away from the wetlands 100’ and over in some areas. He said that they
are proposing 200% mitigation. There would be less disturbance with the underground parking instead of a conventional parking. Residents as well as the Commission had questions about the wetlands that had to be destroyed in order to build some of the units, the applicant was also asked to provide more information to support the argument that the underground parking would have les impact to the wetlands on the site. Questions about the proposed demolition of the existing condo units and if fill will be needed after this activity. The applicant needs to explain the drainage water quality treatment from underground parking area. Commissioner Kotch made a motion to continue this public hearing to 01/25/06 second by Nickerson; O’Neil, Kotch, Nickerson and Collier voted in favor and Peters abstained.
PENDING APPLICATIONS
#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). This application is tabled to the next meeting.
#05-58 Marc D’Avola, 27 Taunton Ridge Road, application for the construction of a storage garage, received 12/14/05 take action by 02/08/06. (Nickerson) This application is tabled to the next meeting.
#05-59 Thomas Swan, 182 South Main Street, application for the replacement of a structure with a multiuse facility, received 12/14/05 take action by 02/08/06. (Nickerson) The applicant is proposing new facilities with new septic system and 25 parking spaces. The Commission had some concerns about invasive species and has asked the applicant to present a mitigation plan possible with evergreens. There were also concerns about some of the mature trees on a steep slope; the applicant responded that the area was the proposed access for emergency vehicles, and it would be up to the Fire Marshal to determine which trees would have to be cut down. This application is tabled to the next meeting.
#05-60 Maritza Izquierdo, 49 Parmalee Hill Road, application for construction of an existing driveway and an additional driveway, received 12/14/05 take action by 02/08/06. (Peterson)
#05-61 E. Mackey & Sons Inc, 6 Turkey Hill Road, application to continue gravel processing activities on the site, received 12/14/05 take action by 02/08/06. (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 be installed prior to construction and maintained until all disturbed soils have been stabilized. 2. A preconstruction conference will be held with the Conservation Official one week prior to the commencement of any activity. 3. A copy of the approved plans will be on the site at all times, Kotch second the motion; carried 5-0.
#05-62 Sullivan and J. Campbell, 39 Poverty Hollow Road, application for the construction of a driveway to provide access to the house, received 12/14/05 take action by 02/08/06. (Gillingham) There are no wetlands on the site but on the abutting property. This application is tabled to the next meeting.
#05-63 Dauti Construction, 95 Church Hill Road, application for the proposed construction of affordable housing, received 12/14/05 take action by 02/08/06. (This application has been withdrawn) (Kotch)
#05-64 5K Enterprises, Edmund Road, application for a commercial development, received 12/20/05 take action by 02/22/06. A public hearing has been scheduled for 02/08/06.
#05-65 Liam Heller, 16 Diamond Drive, application to remove violation Vio05-10 received 12/20/05 take action by 02/22/06. This application is tabled to the next meeting.
FOREST PRACTICES LICENSES
FPL#05-02 Cross Cut Tree and Land management, 64 Pond Brook, application for forestry practices permit on a wood lot, received 12/20/05 take action by 02/22/06. Commissioner Kotch made a motion to APPROVE this application, Nickerson second the motion; carried 5-0. In accordance with the Forest Practices Regulations of the Town of Newtown, a copy of the permit and the application will be forwarded to the Connecticut State Bureau of Forestry as a record of the harvest.
AQUIFER PROTECTION REVIEWS
APR#06-01 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. This application is tabled to the next meeting.
VIOLATIONS
Vio05-20 Mr. & Mrs. Greenfield, 27 Parmalee Hill Road; tabled to the next meeting.
Vio05-22 CICP, LLC, 47 Church Hill Road; tabled to the next meeting.
OTHER BUSINESS
RM#00-42 John Glaberson, LLC, 2 Valley Field Road
Commissioner Peters made a motion to approve this request for an extension for 5 years, second by Kotch; carried 5-0.
RM# 04-18 S&S Brothers, Inc, 27 Beechwood Drive, request to modify a wetlands permit granted in 2004. Bryan Syllivan, from CCA in Brookfield, CT said that there were changes made related to runoff and there were conservation easements instead of open space. The Commission asked the applicant to submit proof of a forest practices license
RM# 03-43 William Colbert, 13 Church Hill Road, Request for modification of a wetlands permit granted in 2003. This application is tabled to the next meeting.
Election of officers
Nickerson made a motion to elect O’Neil as chairperson, Kotch vice-chairman and Peters secretary, Kotch second the motion; carried 5-0.
CORRESPONDANCE
#02-33 Newman, LLC, 4 Castle Meadow Road, Nickerson made a motion that the above application met the water quality requirements from the water leaving the second driveway to the wetlands across the street, meeting the condition of the approval by this same Commission at the regular meeting on 12/14/06. The motion was second by Kotch and carried 5-0.
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