Inland Wetlands Commission
FINAL APPROVED MINUTES
Regular Meeting
April 25, 2007, 7:30 P.M.
31 Pecks Lane, Newtown, Connecticut
Commissioners Present: Peters, Kotch, Pieragostini, O’Neil, Salling, Curran and Gillingham.
Staff Present: Robert Sibley, Conservation Official; Tammy Hazen, Clerk.
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Commissioner Peters opened the hearing at 7:30 p.m.
Public Hearing
#07-09 Grace Christian Fellowship, Route 25. Construction of church facility.
Commissioner Peters opened the hearing at 7:30 p.m. Commissioner Pieragostini read the call.
Ward Mazzucco, Esq. from Danbury and Dainius Virbickas, P.E., from Brookfield representing the applicant submitted revised maps and presented information regarding the 13.735 acres that lie in a R2 zone on Rte 25. He noted that single family dwellings are a permitted use and the property is suitable for subdivision development. The church is seeking a special permit to build a church and stated that the concentration and usage of the area would be more sensitive to the environment than a conventional subdivision. It was previously requested to incorporate previously submitted documents for this hearing. Mr. Sibley confirmed the information was transferred.
Mr. Mazzucco noted that an R2 zone allows 25% building coverage, the church proposal covers 4.9%. Also, 50% impervious coverage is allowed, the church plans show 21.46% coverage.
Mr. Virbickas handed in green card notification. It was previously requested by the Commission to change the planned northeastern open detention basin due to its requirement of the removal of pine forest. To reduce the impact of the site, the church applicant proposes an underground storm water detention center beneath the parking area. In regards to a concern regarding the proposed amount of parking spaces and impervious coverage, the applicant proposes reducing the parking spaces from 198 to 156 by replacing a portion of the asphalt with grass pavers
Other items incorporated are a series of islands and landscaped swales, including swales, with landscape plantings, to be included along the entrance drive. The discharge point from the detention system is into the wetlands in the eastern portion of site.
The Commission had questions, including what is the total square footage of the building (29,000 ft +); and how is the drainage of the building and south side of the parking lot being handled. Mr. Virbickas noted that the drainage will be captured via several catch basins and will flow through a vortex swirl concentrator. There will be a series of catch basins beneath the grass pavers in the southwest edge. Roof drains will be piped directly into the underground detention system. Commissioner Kotch asked if the planting area at end of drive can be used for storm water treatment. Mr. Virbickas will look into this.
A discussion continued about the possible use of alternative pavers that would be more environmental-friendly. Mr. Virbickas stated that the options were researched and that due to risk of personal injury and weather conditions, they have not been used successfully in Connecticut. Mr. Sibley confirmed that the Commissioners are not looking for the entire site to be pervious.
Reverend Christopher Caton, Associate Pastor of Grace Christian Fellowship read a letter from Reverend Barry Fredericks. The letter provides calculations that evaluate the church’s parking needs. Commissioner O’Neil confirmed that the Commission’s statutory charge is to look at the effects of the application on the wetlands and that the concerns lie in the total amount of impervious service area and whether alternatives can have less of an impact. Pastor Caton asked the commission to provide a percentage of the surface they would want to be pervious.
Mr. Sibley confirmed that a maintenance schedule was submitted and information on the implementation of materials has been provided. Also, the Commission had asked for the applicant to address the amount of pervious service intended on the application. The applicant has completed this request.
No comments from the public.
Mr. Sibley noted two outstanding issues, including the possibility of depressing the entrance landscaped area and the reception of the letter as per the file for public purposes of proper review and availability to the public, which has now been added to the file and will be there for the next meeting.
Commissioner Kotch made a motion to continue until May 9th. Seconded by Commissioner Pieragostini. Motion carried.
Continuation of Public Hearing
#07-07 Jesse Levine, 8 Homer Clark Lane. Application for a six lot subdivision.
Commissioner Pieragostini read the call.
Larry Edwards, P.E. from Easton, presented information in response to requests from previous public hearing and distributed copies of the environmental assessment report. Revised plans and maps were also distributed.
No comments from public.
Commissioner Kotch moved to continue hearing until May 9th. Seconded by Commissioner Pieragostini. The motion was unanimously approved.
#07-08 Mount Pleasant Road LLC, 174 Mount Pleasant Road. Construction of office buildings.
Attorney Robert Hall, representing 174 Mount Pleasant Road, LLC, spoke. Also in attendance for the applicant are Anthony Cirone, C.P.A. Danbury, Roland Desrosiers, Land Surveyor, Hiram Cronar, P.E.
Mr. Hall handed in an affidavit of notice to those living within 500 feet of the property. Maps and pictures of the property were distributed.
Roland Desrosiers, surveyor, Naugatuck. Applicant is looking to construct an office building on the rear of the site. The front lot is the current site of Grace Christian Fellowship. The rear lot affects the wetlands and holds the bulk of the property. Applicant feels that in their calculations and by containing the run-off on the property itself, there would be no impact to the downstream wetlands.
Questions from the Commission were answered. It was requested that the applicant resubmit plans that have additional vegetated swales in between the parking spaces and additional landscaping/trees to provide canopy over the parking lot. Mr. Hall clarified that there will be curbing and that all water will flow through the system.
Mr. Sibley suggests the commission requests the applicant to have a functionality report completed to note possible effects the run-off may have on wetlands and to determined if a temperature gradient can have a detrimental effect. A blasting study is suggested to determine effects on the hydrogeology of the site. The applicant is asked to submit more-detailed landscaping plans that include native plantings along the stream. Applicant was previously asked to provide hydrological data that includes the area description of the water shed, which should be provided in an environmental assessment report. Commission looking for the possibility of easements in the future and whether there are opportunities for preservation of any land on this site.
Comments from the Public
Dave Dobbs (sp), Liberty – stated concerns that if the complex were overwhelmed with heavy rain, would the stream increase enough in volume to harm the entrance to Liberty. It was confirmed by Mr. Sibley that Liberty would not be affected. The entrance is 700 feet away upstream.
Barbara Herman, Liberty – stated that during recent heavy rains, the area of ponds (joined together by a stream) flooded and wanted it noted that the applicant’s property abuts one of the ponds.
Dr. Anthony Savado, Liberty – expressed a concerned that all residents within the Liberty complex that all residents should receive letters of notification, not only those 500 feet away from the site. He is also concerned about the amount of development near the wetlands. The commission will check with legal counsel on rules that apply to communities such as Liberty and what would be considered proper notice.
Commissioner Kotch moved to continue the hearing. Seconded by Commissioner Pieragostini. The motion was unanimously approved.
#07-06 Newbrook, LLC & Obtuse Road. Application for four lot subdivision.
Commissioner Pieragostini read the call. The applicant is not ready with a detailed response. The commission will continue to receive comments. No comments from the public. Motion to leave the public hearing open by Commissioner Pieragostini, seconded by Commissioner Curran.
#07-10 St. Rose School. Improvement to a school facility.
Set for public hearing on May 9th, 2007.
Modification #06-02 33 Pine Tree Hill Road. Application for a four lot subdivision.
Larry Edwards, P.E. from Easton submitted revised plans that include an 8 ft open box culvert, rain guards on all house sites, and plans for a proposed new wetlands area. Applicant will work around the large trees and provide plantings in the proposed new wetland area. House sites have been moved farther from the wetlands.
A conservation easement was proposed for the rear portion of lot 3 and 4. Applicant is proposing to occupy home on lot #3 and would like to use the back area for pasturing small animals. Mr. Sibley stated that the conservation easement can include legal language to allow farming activities related to small livestock. Trails, roads or other access to grazing areas fall under regulations and would require a review by the Commission.
#07-11 John Neuhoff, 47 Lakeview Terrace. The removal of 12 trees in a regulated area.
Item Tabled
Other Business
Letter regarding Edmond Road: Mr. Sibley presented letter to the Commission regarding applicant’s request for approval to access building site. Commission required applicant to first obtain a building permit. Applicant was denied a building permit without access to the site so is asking the Commission to allow this entrance to be established. Commissioner Kotch made motion to accept, Seconded by Commissioner O’Neil. Unanimous approval.
Monroe: Mr. Sibley brought forward a concern about a subdivision in Monroe that is affecting the Newtown wetlands. A letter was sent to Monroe’s Town Engineer, who is also the Wetlands Agent. The statute of limitations has run out. Mr. Sibley is issuing a violation for sedimentation reaching into the wetlands (which will not be a cease and desist). The Commission will be kept informed. In the future, the commission needs to look beyond the boundaries that define Newtown to protect our wetlands.
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