Inland Wetland Agency
31 Pecks Lane
Newtown, CT. 06470
Tel. (203) 270-4350
Fax. (203) 270-4278
CONSERVATION COMMISSION
MINUTES
REGULAR MEETING
February 8, 2006, 7:30 P.M.
31 PECKS LANE
Newtown, CT
PRESENT: O’NEIL, PETERS, KOTCH, GILLINGHAM, COLLIER, THE CONSERVATION OFFICIAL; ROB SIBLEY AND THE CLERK; ANGELICA MILLER
NOT PRESENT: NICKERSON
CONTINUATION PUBLIC HEARINGS
#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. Commissioner Kotch made a motion to close the public hearing, second by Gillingham; carried 5-0. Commissioner Collier made a motion to APPROVE this application with conditions second by Kotch; O’Neil, Kotch, Gillingham and Collier voted in favor, Peters Abstained. Conditions are as follows:
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. A management consultant shall be retained by the licensee to implement and maintain a certified erosion and sedimentation control plan for the duration of construction activities. The consultant will supply weekly status and activity reports to the Conservation Official of the said control plan until the site is fully stabilized.
5. No alteration of the site plans is allowed for this permit, unless a modification is requested and granted by the commission or its agent.
6. Any conservation easement shown on the approved site plans shall be permanently marked on the entire site prior to any site activity, with markers approved by the Conservation Official.
7. The applicant shall create and record on the property deed, the maintenance schedule for the conservation areas, which shall be reviewed and approved by the Conservation Official prior to recording.
8. The applicant will provide a bond in accordance with the Newtown Wetlands Regulation Fee Schedule and section 13.1 of said regulations. The amount is to be determined by the applicant’s engineer and approved by the Conservation Official.
PUBLIC HEARING
#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. Atty. Robert Hall with offices at 43 South Main Street submitted the affidavit to the record. Hall gave a brief description of the previous application; which was denied. He said that the enclosure for the cell tower was change to give the access for the proposed development and reduce the impact to the already disturbed wetlands area. Larry Edwards with offices in Easton, CT said that the wetlands disturbance was reduced from 6400sf. to 2800sf. by reducing the size of the buildings. Edwards said that the recharge detention areas for storm water quality met the requirements for storm water management
according to state regulations. He said that there was a proposed crossing with the water flowing to the east towards Edmund Road by installing pipes. Mr. Edwards also said that the small wetlands packet to the south of the property was part of the application.
Commissioner Gillingham made a motion to continue this public hearing to 02/22/06, second by Kotch; carried 5-0.
The applicant was asked to submit by the next meeting the following information:
Explanation of choices for water quality devices and their details.
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
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 Kotch said that he would listen to the tape to that he could vote. Commissioner Peters made a motion to table this application to the meeting of 02/22/06, second by Kotch; carried 5-0.
#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) 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) Commissioner Kotch made a motion to APPROVE this application with conditions, Gillingham second the motion; carried 5-0. Conditions are as follows:
1. Erosion and Sediment Controls as illustrated on the plan, and where deemed necessary by the Conservation Official, the silt fence will be installed 1’ beyond the split-rail fence 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.
#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 presented a mitigation plan, which included the removal of invasive and planting of native species. Commissioner Collier made a motion to APPROVE this application with conditions, Peters second the motion and it carried 5-0. The conditions are as follows:
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.
#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) Commissioner Peters made a motion to APPROVE this application with conditions, Kotch second the motion; carried 5-0. The conditions are as follows:
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.
5. To reduce run-off impact the approved plan for this permit is “Supplemental Map, Soil Erosion and Sedimentation Control Plan for Maritza Izquierdo” 49 Parmalee Hill Rd. Dated November 14, 2005 scale 1” = 40’ single driveway plan
#05-65 Liam Heller, 16 Diamond Drive, application to remove violation Vio05-10 received 12/20/05 take action by 02/22/06. Commissioner Kotch made a motion to DENY WITHOUT PREJUDICE as an incomplete application because no disturbance and the mitigation of the site were presented. It is also recommended that applicant submit for a permit within 30 days. If the applicant fails to submit then a fine of $300.00 shall be placed on the property. Failure to comply with the aforesaid order will be subject to penalties as the law may provide. Collier seconded the motion, carried 5-0.
#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. Public Hearing has been scheduled for 02/22/06.
#06-02 David Eichler, 33 Pine Tree Hill Road, application for a driveway to provide access to residential lots, received 01/11/06 take action by 03/08/06. Commissioner Peters made a motion to APPROVE this application with conditions, Kotch second the motion, all voted in favor. The conditions are as follows:
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.
5. Any proposed conservation easements shall be permanently marked on the entire site prior to any site activity, with markers approved by the Conservation Official.
#06-63 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) It is recommend that the applicant research piping the water into the storm drain system, or create a similar plan to get the water to the storm water system the paved road. The applicant suggested that the Town Engineer might help with this issue, the Commission asked Mr. Southard to show some evidence that the Highway Department would be involved in this issue. This application
is tabled to the next meeting.
#06-04 Joseph Voll, 253 South Main Street, application to correct violation, received 01/25/06 take action by 03/22/06. (Peters) Alexandra Moch presented a mitigation plan for edge of the pond. The applicant insisted that he did not excavate where he outside the area were he was allowed. Commissioner Peters made moved that the applicant be require to submit a T2 class survey, to show what areas on the parcel have be disturbed. The motion was second and unanimously carried.
#06-05 Joseph Voll, 245 South Main Street, application to correct violation, received 01/25/06 take action by 03/22/06. (Peters) Alexandra Moch representing the applicant presented a mitigation plan to the record, which included removal of invasive species and the planting of native species. Commissioner Peters made motion to APPROVE this application to remove a violation, second by Collier; carried 5-0.
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. (Collier) This application is tabled to the next meeting.
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. This application is tabled to the next meeting.
FOREST PRACTICES LICENSES
Commissioner Kotch made a motion add to the agenda FPL#06-03, Second by Peters; carried 5-0.
FPL#06-01 253 South Main Street, application related to the correction of a violation, received 01/25/06 take action by 03/22/06. (Gillingham) Commissioner Collier made a motion to APPROVE this application with conditions, Kotch second the motion; carried 5-0. The conditions are as follows:
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. The applicant shall be fined the sum of $50.00 per tree cut with a diameter of 4” or greater. This fine is to only be applied to remaining stumps in the disturbed area, this count of stumps shall be verified by the Conservation Official.
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.
FPL#06-02 245 South Main Street, application related to the correction of a violation, received 01/25/06 take action by 03/22/06. Commissioner Kotch made a motion to APPROVE this application with conditions, Peters second the motion and it was unanimously carried. The conditions are as follows:
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. The applicant shall be fined the sum of $500.00 for the non-permitted activity.
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.
OTHER BUSINESS
RM#00-42 John Glaberson, LLC, 2 Valley Field Road, request for modification for an existing wetlands license. This application is tabled to the next meeting.
RM#03-43 William Colbert, 13 Church Hill Road, request for modification for an existing wetlands license. Commissioner Kotch made a motion to DENY WITHOUT PREJUDICE as an incomplete application because disturbance and the mitigation of the site were not presented.
It is also recommended that applicant submit for a permit within 30 days. If the applicant fails to submit then a fine of $500.00 shall be placed on the property.
Failure to comply with the aforesaid order will be subject to penalties as the law may provide.
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.
Accepting Minutes of 01/11/06 and 01/25/06. Commissioner Collier made a motion to accept the minutes of January 11 and 25, 2006, second by Kotch; carried 6-0.
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