Inland Wetland Agency 31 Pecks Lane
Newtown, CT. 06470
Tel. (203) 270-4350
Fax. (203) 270-1528
CONSERVATION COMMISSION
AGENDA
REGULAR MEETING
January 25, 2006, 7:30 P.M.
31 PECKS LANE
Newtown, CT
PRESENT: O’NEIL, PETERS, GILLINGHAM, COLLIER, THE CONSERVATION OFFICIAL; ROB SIBLEY AND THE CLERK; ANGELICA MILLER
NOT PRESENT: NICKERSON AND KOTCH
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. (Kotch) The applicant submitted the following:
§ Revised map with changes to the road
§ A report supporting the new wetlands line
§ Water sampling with the methodology used for said sampling
§ Drainage calculation for the new road pipe
§ Detention calculation study added to the map
§ Addition of the bottom half of lot 7 to the easement, with limited access for septic installation and repairs as well as maintenance.
§ Revision to the map to reflect the hoods to all the detention basins
William Kenney read the bacteria content report; he said that the bacteria content in the water was low. O’Neil asked if low bacteria content would be a characteristic of a stream. Mr. Kenney said that he did not know that was the intent of the study and was not sure because he did not look into it.
The applicant and the Conservation Official answered all the questions from the residents. Commissioner Collier made a motion to close this public hearing, second by Gillingham; carried 4-0.
#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. Al Shepard P.E. with offices in Shelton presented new maps reflecting the proposed easements. The Conservation Official said that all his questions had been answered. Commissioner Gillingham made a motion to close this public hearing, second by Peters; carried 4-0.
Commissioner Peters 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.
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 proposed conservation easement shall be permanently marked on the entire site prior to any site activity, with markers approved by the Conservation Official.
7. Permanent regulated wetlands markers shall be placed 100’ from all wetlands on the site prior to any and all site activity. The marker type, content and exact location shall be approved by the Conservation Official.
8. The approved site plan map for this permit is titled “lot 138 Alternative Driveway Plan, September 29, 2005. The site plan will be revised to show any conservation areas and be approved by the Conservation Official.
It was also noted that the applicant would be required a forestry permit application before commencing this activities. 4-0.
#05-57 Bashert Developers LLC, 12 Pocono Road, application for the construction of a residential age-restricted community, public hearing opened 01/11/06, close by 02/08/06. The applicant answered all the questions from the neighbors and the Commission. The Commissioners were concerned about the invasive species; the applicant was proposing to leave them along; after a brief discussion the applicant agreed to hire experts to remove the invasive species. The Conservation Official asked about possible mitigation in the upland review area to the south of the property, by the independent living facility. The applicant said that they would be glad to look into it. Commissioner Gillingham made a motion to keep the public hearing open, second by Collier; O’Neil, Gillingham and Collier
voted in favor, 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). Motion was made and unanimously carried to extend this application for 30 days.
#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) Mr. D’Avola told the Commission that he could reduce the size of the building to be about 6’ further to the wetlands; he also said that he would be willing to propose a Conservation easement to protect the wetlands. 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) 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) Al Shepard, P. E. with offices in Shelton said that part of the proposed driveway is in the regulated area; the conservation Official asked the Mr. Shepard to have in writing about single vs. double driveway and what impact could each one have to the wetlands. This application is tabled to the next meeting.
#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) Commissioner Gillingham 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 Collier seconded the motion; carried 4-0.
#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.
#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. A 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. This application is tabled to the next meeting.
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. Commissioner Collier moved that this application is not in compliance with section 4.04 of the Zoning Regulations, second by Peters; carried 4-0.
VIOLATIONS
Vio06-02 D’Addario, 253 South Main Street
Vio06-03 Worldwide Properties, LLC, 255 South Main Street
Forestry Practices Violation 06-01 D’Addario, 253 South Main Street
Joseph Voll, representing the violations on 255 and 253 South Main Street told the Commission that new applications were submitted to correct all these violations, which were the result of miscommunications with the engineer.
OTHER BUSINESS
RM#00-42 John Glaberson, LLC, 2 Valley Field Road, request for modification for an existing wetlands license. This application is tabled until more information is submitted.
RM# 04-18 S&S Brothers, Inc, 27 Beechwood Drive, request for modification for an existing wetlands license. Commissioner Peters made a motion to APPROVE this request for modification 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.
5. A permanent split rail fence or suitable alternative shall be placed along the 280 ft elevation as show on the site map titled Tall Oak Ridge Subdivision, December 21, 2004 revised November 22, 2005.
6. The applicant will provide a bond in accordance with the Newtown Wetlands Regulation Fee Schedule and sections 13.1 and 13.2 of said regulations.
Commissioner Gillingham seconded the motion and it was carried 4-0.
RM# 03-43 William Colbert, 13 Church Hill Road, request for modification for an existing wetlands license, for the correction of a violation. The Conservation Official said that the neighboring property has also been disturbed and a letter would be going out in the near future. This application is tabled to the next meeting.
RM# 05-49 Spath Trust, 5 Dusty Lane, request for modification for an existing wetlands license. Commissioner Collier moved to APPROVE this request for modification 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. The conditions of this approval for modification do not supersede the permit conditions of IW 05-11, but are in addition.
5. The conditions of this approval for modification do not supersede the permit conditions of IW 05-42, but are in addition.
6. No alteration of the site plans is allowed for this permit, unless a modification is requested and granted by the commission.
7. Permanent regulated wetlands markers shall be placed 100’ from all wetlands on the site prior to any and all site activity. The marker type, content and exact location shall be approved by the Conservation Official.
Commissioner Gillingham seconded the motion and it was carried 4-0.
RM# 05-11 Raffie Aryeh, 33 Church Hill Road, request for modification for an existing wetlands license. Commissioner Peters 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.
4. The conditions of this approval for modification do not supersede the permit conditions of IW 05-11, but are in addition.
5. No alteration of the site plans is allowed for this permit, unless a modification is requested and granted by the commission.
Accepting Minutes of 01/11/06. Tabled to the next meeting.
| 
