Inland Wetland Agency
31 Pecks Lane
Newtown, CT. 06470
Tel. (203) 270-4350
Fax. (203) 270-1528
CONSERVATION COMMISSION
MINUTES
REGULAR MEETING
March 22, 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
CONTINUATION PUBLIC HEARINGS
#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 02/22/06, extended for 35. A letter was submitted to the record with addressing some of the Commissioners’ comments; the digital copy of the proposed development was also made part of the record prior to the meeting. Atty. Ryan McKain said that the property had been marked as required by the Commission.
Joseph Hovious from Trout Unlimited read some of the highlights from a letter dated March 21, 2006. Some of the concerns had to do with runoff, possible heating oil spills, and the need to ensure that the Pootatuck aquifer stay clean and healthy.
The Commission also had questions for the engineer that designed the project, however he could not attend the meeting. Commissioner Collier made a motion to extend the public hearing for 35 days, second by Gillingham; carried 6-0.
#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, on 02/22/06 was extended for 35 days. On March 22 was extended for 30 days.
Atty. Robert Hall submitted a letter to the record dated March 22, 2006; he said that the applicant had reduced the disturbance significantly since the previews application and they had submitted a mitigation plan, he also said that Larry Edwards would show a new proposed site plan with even less disturbance. Atty. Hall made some comments about a letter sight by Sally O’Neil, Chair, dated March 16, 2006 asking the applicant for a second environmental review by a different expert; he said that the Commission needed to amend the Inland Wetlands & Watercourses Regulations in order to make such requests.
The Conservation Official section 8.09 of the Inland Wetlands Regulations pertaining application procedures; he said that as per this section the Commission has the authority to request the applicant an independent technical assessment.
Larry Edwards submitted information, which was requested by the Commission at the last meeting.
-Visual tools (submitted a tabled)
-Maintenance schedule for water filtration system
-Alternatives
-Impact Analysis
Edwards presented a plan without what it was proposed as the second phase of the development, the new site plan also showed multiple smaller buildings instead of the larger that had been previously proposed and with step down foundation to reduce cut and fill.
Commissioner Kotch made motion to keep the public hearing open to April 4, 2006, second by Peters; carried 6-0.
PENDING APPLICATIONS
#06-06 Permit Me Please, 41 Echo Valley, Application for construction of a 20’x39’ pool with fence, received 02/08/06 take action by 04/12/06. (Kotch) Commissioner Kotch made a motion to APPROVE this application with conditions, second by Peters.
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 complete the planting as per the plan prior to the issuance of a Certificate of Occupancy for the pool.
Commissioner Collier made a second motion that the number of Mountain Laurel bushes and trees to be planted shall be equal to the Mountain Laurel bushes and trees (6” or greater in diameter) on the plan. Ferguson seconded amendment to the motion. Both motions where unanimously carried.
#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) Commissioner Kotch made a motion to APPROVE this application with conditions, second by Peters.
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 site activities shall occur beyond the proposed site location of the Erosion and Sedimentation controls as depicted on the approved site plans.
5. The applicant shall attempt to retain, as may large diameter trees as possible when installing the driveway.
6. The existing driveway shall be abandoned and the existing stonewall shall be continued to the old garage.
The above motion was unanimously carried.
#06-08 Wayne & Bernadett Addessi, 25 Mount Nebo Road, application of the removal of invasive species, received 03/08/06 take action 05/10/06. (Collier) Commissioner Collier made a motion to APPROVE this application with conditions, second by Kotch:
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.
#06-09 Phil Braun (K.I.M.), 46 Barnabas Road, Application for additional warehouse space for existing building, received 03/08/06 take action 05/10/06. (Kotch) some commissioners inspected the site and were not happy about the activities, the applicant said that they were told to move the wood out and that the vehicles deeded to be moved around because it was a moving company. There was some discussion about denying the application and required the applicant to present a mitigation prior to the proposed development application. Matt
Scully said that the mitigation plan was part of the present application. This application is 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) 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.
4. The applicant shall be fined the sum of $500.00 for the non-permitted activity.
5. The applicant shall replant a total of 25 trees on the site by August of 2006.
6. Ten (10) of the required trees shall have diameter of 4” pr greater. The balance of the trees shall have a minimum diameter of 2.5”.
7. The trees shall consist of native species currently found on the remainder of the lot.
8. Any of the replacement trees, which die must be re-plated with the identical size and type of tree for a period of three years.
9. The planning shall be bonded prior to the issuance of a Certificate of Occupancy for the lot, by the applicant to the cost amount of re-planting 10% of the total trees. The bond shall be in place for three years. This bond shall be approved and ultimately released by the Conservation Official.
Ferguson second this motion, all voted in favor.
AQUIFER PROTECTION REVIEWS
APR#06-05 Application of Thomas Swan for a special exception, for re-development of property located at 182 South Main Street. The Commission determined that this application is in compliance with section 4.04 of the Zoning Regulations.
APR#06-06 Application by Dauti Construction, LLC for property located at 95 Church Hill Road. The Commission determined that this application is not in compliance with section 4.04 of the Zoning Regulations.
OTHER BUSINESS
RM#04-16 Adath of Israel, 115 Huntingtown Road, request to modify an existing wetlands permit in relation with a violation. (Gillingham) Commissioner Gillingham made a motion to APPROVE this request 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. Permanent split fence or suitable alternative shall be placed along the 412’ (feet) elevation contour from the northern property line until the intersection location of the footing drain and thence 100’ to the lot corner to the building structure; this fence and its final installation location shall be approved by the conservation official.
6. All trees depicted in the slope restoration shall have a diameter of 4” or greater.
Commissioner Kotch seconded the motion, carried 6-0.
RM #03-43 William Colbert, 13 Church Hill Road, request for modification related to a violation. (Ferguson) tabled to the next meeting.
VIOLATIONS
Vio#06-04 Mr. & Mrs. Frate, 13 Russett Road
Commissioner Peters made a motion to approve the proposed plan to be completed by June 2007 and to remove the violation, second by Kotch; carried 6-0.
Vio#06-06 D&H Homes, 31 Winton Farm Road;
The Conservation Official reported that most of the E&S violations had been corrected. Commissioner Kotch made a motion to remove the above violation with the condition that permanent fence approved by the Conservation Official be erected, second by Ferguson; carried 6-0.
Vio#06-07 Charles & Jane Payne, 142 Mt. Pleasant Road
Commissioner Collier made a motion to remove this violation with the condition that the blocks be placed in such matter to prevent the material to go into the wetlands; second by Ferguson; carried 6-0.
Accepting Minutes 03/08/06.
Motion was made and unanimously carried to accept the minutes of March 08, 2006.
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