31 Pecks Lane
Newtown, CT. 06470
Tel. (203) 270-4350
Fax. (203) 270-1528
Inland Wetland Agency
CONSERVATION COMMISSION
MINUTES
REGULAR MEETING
March 8, 2006, 7:30 P.M.
31 PECKS LANE
Newtown, CT
PRESENT: O’NEIL, PETERS, KOTCH, GILLINGHAM, COLLIER AND FERGUSON THE CONSERVATION OFFICIAL; ROB SIBLEY AND THE CLERK; ANGELICA MILLER
Commissioner Kotch made a motion to add “#05-14 Toll Brothers, Oakview Road” for discussion, Peters seconded the motion and all voted in favor.
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. A 35-day extension was granted on 02/22/06.
Atty. Robert Hall with offices at 43 Main Street, Newtown, Larry Edwards, P.E. with offices in Easton, CT and Jennifer Beno were present representing the applicant and answered questions from the Commission.
A detailed plan on Tom Brook was submitted as requested previously by the Commission; L. Edwards was asked if the storm water management report met the requirement of the 2004 Connecticut Guidelines; Mr. Edwards said it was.
There was a lot of discussion about the impact to the wetlands as result of changing the water-flow for building the proposed structures and parking areas; Edwards said that the water that supported the wetlands flowed from out of site and would not be interrupted. He said that the water was flowing mostly through a pipe underneath the railroad and part of it from the drainage system up on Church Hill Road.
The Commission asked for the following information:
1. -Please provide visual aids to help explain the engineering calculations for post and pre-construction and explain them to the commission.
2. -Please explain the amount of change in hydraulic conditions existing pre and post construction in wetlands 1 and 2, as a result of stormwater discharge in the proposed plans.
3. -Please provide a detailed stormwater maintenance plan for all post-construction stormwater devices.
4. -Please provide the mitigation, in detailed form as, recommended by the Environmental Assessment Report, February 16, 2006.
5. -The did conclusions contained in the Environmental Assessment Report, February 16, 2006 and the addendum 3/1/06, take in consideration the imminent re-alignment of Edmund Rd and its effect on the site wetlands?
This public hearing is tabled to the regular meeting on 03/22/06.
#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.
The Commission visited the site and found some erosion on the Walnut Tree Village side; Atty. Ryan McKain said that any runoff off the site was out of their control. Steve Trinkaus P.E. from Southbury, CT said went over some possible solutions for runoff once entered the site. The Commission asked for a conservation easement in a specific area; Atty. McKain said that it would be provided only if the town has a standard wording that the applicant could use. It was asked if the applicant has alternatives to the proposed plans, Atty. McKain said that the other alternatives they had would have more impact to the wetlands. The Conservation Official said that under the regulations the applicant had the responsibility to show alternatives with same or less impact to the wetlands.
The Commission asked for the following information:
1. -Any proposed conservation easements marked on the subdivision map.
2. -An alternative site plan that reflects no or less impact to the wetlands.
3. -A digital copy of the site map wetlands.
Commissioner Collier made a motion to keep this public hearing open, second by Kotch; carried 6-0.
#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 submitted a detailed mitigation plan for the edge of the pond; she said that planting larger trees could be risky because of the type soils in the area. The native species would be removed and temporary blankets would be placed to stabilize the slope.
Commissioner Peters made a motion to APPROVE this application with conditions, second by Gillingham; carried 6-0. 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, who is independent of the site development, 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 E&S on the site until the site is fully stabilized, the consultant shall be approved by the Conservation Official prior to submitting the first report.
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. Limits of disturbance shall be marked with construction fence prior to any further site activities. As shown on “Proposed Limits of Disturbance” on the map titled; Site Plan For 245, 253, 255 & 259 South Main St Newtown Ct Prepared for Waterfall Plaza LLC Dated: January 20, 2006. The fence shall be inspected and approved by the conservation official.
7. No vegetation clearing shall be allowed beyond the areas shown as “Proposed Limits of Disturbance” on the map titled; Site Plan For 245,253,255 & 259 South Main St Newtown Ct Prepared for Waterfall Plaza LLC Dated: January 20, 2006.
8. The applicant will install, weather permitting, the entire recommended mitigation plan dated March 5, 2006, by the end of June 2006.
9. The applicant will stabilize and remove debris from the areas which were outside of the “Proposed Limits of Disturbance” on the map titled; Site Plan For 245,253,255 & 259 South Main St Newtown Ct Prepared for Waterfall Plaza LLC Dated: January 20, 2006 under the supervision of the aforementioned management consultant prior to any further site activity.
10. The proposed mitigation plan shall have 4 additional Oak and 4 additional pine trees and must survive 5 growing seasons or would have to be replanted.
#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) Some of the Commissioners have not visited the site and they would also like to see a planting plan. This application is tabled to the next meeting.
#06-07 Richard Cichocki, 22 High Rock Road, Application for proposed new residence to replace existing fire damaged home, received 02/22/06 take action by 04/26/06. (Kotch) Larry Edwards made a brief presentation; the Commission had some concerns about the placement of the house on the site, Edwards responded that there was an issue with the sightlines because of the shape of the property and it had an effect on the driveway design. Tabled to the next meeting.
FOREST PRACTICES LICENSES
FPL#06-03 Charter Residential Development, LLC, 14 Meridian Ridge Drive, Application for forest practices license, received 02/22/06 take action by 04/26/06. (Gillingham) The Commission had some discussion about charging fines or have some of the trees replanted on the site; this application is tabled until all the Commissioners have visited the site.
AQUIFER PROTECTION REVIEWS
APR#06-04 Application by E&R Commercial Companies, Lot-9 Turnberry Lane Curtis Office Park. The Commission determined that this application is in compliance with section 4.04 of the Zoning Regulations.
APR#06-05 Application of Thomas Swan for a special exception for re-development of property location at 182 South Main Street. This review is tabled to the next meeting.
APR#06-06 Application by Dauti Construction, LLC for property located at 95 Church Hill Road. This review is tabled to the next meeting.
OTHER BUSINESS
RM#04-16 Adath of Israel, 115 Huntingtown Road, request to modify an existing wetlands permit in relation with a violation. (Gillingham) The applicant presented a new plan showing a new location for the well and a new planting schedule by planter’s choice. This request if tabled to the next meeting.
RM#01-02 Jude Tallman, 32 Cedar Hill Road, Request for modification for wetlands permit, received 02/08/06 take action 04/12/06. Commissioner Kothc made a motion to APPROVE this request for en extension and modification with the following 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.
1. The Conservation Official must be notified in writing one week prior to commencement of the permitted activity and again upon completion of the activity.
2. The conditions of this approval for modification do not supersede the permit conditions of IW 01-02, but are in addition.
3. No alteration of the site plans is allowed for this permit, unless a modification is requested and granted by the commission.
4. 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.
5. The extension period for this permit shall expire as of March 28, 2011.
Collier seconded the motion and all voted in favor.
RM#05-44 Toll Brothers Inc. Oakview Road, application for the proposed construction of 54 age-restricted residential units. Commissioner Ferguson made a motion to APPROVE this request for modification with the following 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. The conditions of this approval for modification do not supersede the permit conditions of IW 05-14, but are in addition.
4. No alteration of the site plans is allowed for this permit, unless a modification is requested and granted by the commission.
Kotch seconded this motion and all voted in favor.
VIOLATIONS
Vio#06-04 Mr. & Mrs. Frate, 13 Russett Road,
The Commission has asked that Mr. & Mrs. Frate show a planning plan with some type of vegetation that could create a define line to protect the wetland from future disturbance.
Vio#06-05 11 Church Hill, LLC, 11 Church Hill Road,
Atty. Robert Hall with offices at 43 Main Street said that the mentioned ditch had been there for 20 years. Some of the Commissioner did visit the site noticed that new parking has been placed in the back of the properties.
Accepting Minutes 02/22/06. Commissioner Peters made a motion to accept the Minutes of February 22, 2006 with one clarification “05-55 CPCI, LLC, 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. (Extended for a total of 65 days)” This motion was second and unanimously carried.
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