Inland Wetlands Commission
FINAL APPROVED MINUTES
Regular Meeting
May 9, 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
#07-10 St. Rose School, Churchill Road. Improvement to school facility.
Commissioner Pieragostini read the public notice. Motioned to continue public hearing on May 23, 2007.
#07-06 Newbrook LLC, 7 Obtuse Road – Application for a four lot subdivision.
James Murphy, Esq., Gregory and Adams, PC, representing the applicant, was present to respond to questions previously raised by neighbors and the Commission. Also in attendance, Mr. Diego Valente, Mr. Robert Valente, and Mr. Steven McAllister, P.E.
Atty. Murphy submitted materials showing the reconfigured open space plan. The purchase of state land, which will be added to the development of open space, is complete (a deed was submitted). Applicant met with Conservation Commission who felt they met their criteria, but remain critical about the unusual shape of the open space. The Inland Wetlands and the Conservation Commissions previously suggested that water management items should not be included in areas designated as open space. Although the water management placement has not changed, the open space line has been moved to accommodate.
Sketches of PICPs (Permeable Interlocking Concrete Pavement) were submitted. A letter regarding tree protection was submitted, stating 79 out of 91 trees (in excess of 18”) will be saved. The septic system placement is within state code. Newtown Health Department called it an area of special concern and required another P.E., which designs were compliant.
Mr. McAllister presented information regarding peak flow. The commission expressed concerns of storm drain water entering a tributary on the Brookfield side and its overall affect on Pond Brook in Newtown. Mr. Sibley asked the Engineer to qualify any physical or ecological change on the stream.
The commission will review a letter from Mr. Matthew Popp, regarding stream quality. The commission requests confirmation that Mr. McAllister and Mr. Popp are the qualified experts to determine this.
The public was asked for comment.
Ms. Marjorie Gingolaski, 68 Hawleyville Road, Newtown, CT, submitted a letter dated April 17, 2007 to the Inland Wetlands and P & Z Commissions expressing concerns of the transferability of the permit. Mr. Sibley explained that when a permit is issued, there are conditions that are transferable if the property is sold.
Atty. Murphy stated that the ridge dividing the Newtown and Brookfield property would block run-off to the Newtown side. Mr. Sibley will look into this.
Mr. Christopher Galer, 70 Hawleyville Road, Newtown, CT, expressed concerns that the development will lower quality of the water, or add to quantity of run-off. He currently has flooding on his land during rain storms. He also expressed concerns that the stream may dry out if the water is diverted through sewer pipes.
Mr. Al Wilhelm, 3 Obtuse Road, Newtown, CT, thought an area near the proposed road was considered wetlands. Mr. Sibley stated that he and two soil scientists have confirmed it is not wetland soil.
Ms. Gingolaski asked if the town ever considers hiring experts of their own. The commission replied that they have the authority to do so if they feel the qualifications of the applicant’s experts do not address pertinent issues.
The Commission needs time to review materials submitted by the public and applicant, therefore, the hearing will not be closed. The commission will communicate with the applicant prior to the next meeting.
Mr. Galer also noted that he agrees with Ms. Gingolaski and asked Mr. Sibley if the Commission received the letter he wrote. Mr. Sibley confirmed it was received.
Commissioner Peters made a motion to Continue until May 23rd. Seconded by Commissioner Kotch. Motion passed.
#07-07 Jesse Levine, 8 Homer Clark Lane. Application for a six lot subdivision.
Commissioner Pieragostini read the call.
Larry Edwards, P.E., distributed maps and a new proposal that includes additional grass swales, and a seepage mat that will be placed under the proposed road. The Commission states that the change in soil types behind the homes may be applicable to easements.
Edward Kelleher, representing the applicant, summarized that the proposed plans represent the best possible scenario for this development and that their reports indicate no significant impact on the wetlands. He urges the commission to grant the application.
Mr. Sibley suggests applicant submit an amended site plan detailing the transition area of the conservation easement. Commissioner Kotch motioned to close the hearing contingent upon the receipt of an amended map. Seconded by Commissioner Peters. Motion carried.
#07-08 Mount Pleasant Road LLC, 174 Mount Pleasant Road. Construction of office buildings.
Robert Hall, Esq. responded to concerns brought forth by the Commission including temperature gradients and whether blasting would affect the wetlands. The Commission had also requested a greater landscaping plan. Atty. Hall submitted watershed maps and answered questions.
Jim McManus, Certified Professional Soil Scientist, researched potential thermal impacts of run-off. In his opinion there is no evidence that the application will have a negative affect to the downstream area.
Roland Desrosiers, 491 N. Main Street, Naugatuck, presented revisions to the plans that include grass swales, rain gardens and flowering trees. Designated wooded areas will remain undisturbed. Shade will be provided by the two-story building and trees. Blasting will be over 200 feet from the wetlands and will be done under the Fire Marshal’s supervision.
Mr. Sibley mentioned the Commission’s concern about erosion issues south east of the original building. They suggest the applicant considers stabilizing the banks. The applicant offered to remove the silt and provide regularly scheduled maintenance to improve overall quality of the water. The applicant will provide updated plans so final comments can be made and application can close at the next meeting.
Commissioner Peters motioned to continue. Seconded by Commissioner Kotch. Motion carried.
Continuation of Public Hearing
#07-09 Grace Christian Fellowship, Route 25. Construction of church facility.
Mr. Dainius Virbickas, P.E., presented enhancements, including a swale capable of storing 19,600 gallons of run-off with any overflow being routed into underground detention system.
Commissioner Peters moved to close the public hearing. Seconded by Commissioner Kotch. Motion carried.
Modified #06-02 33 Pine Tree Hill Road. Application for a four lot subdivision.
No action taken
#07-11 47 Lakeview Terrace. The removal of 12 trees in a regulated area.
Item tabled
07-12 Kevin McNeil, 71 Algonquin Trail. Rebuild seawall to protect riverfront.
Applicant submitted maps, reports and pictures proposing a retention wall bordering Lake Zoar. Applicant replacing wooden steps with stone, building retention walls and a shed. Existing walls have deteriorated and property is severely eroding. Applicant poured footings prior to realizing he needed a permit.
Jim McManus, soil scientist, was retained by applicant to review plans. He confirmed the retaining walls would stop erosion and assist in rain water infiltration. Plans include low growing plants that produce berries for wildlife. Lower wall will be made of concrete and upper wall of stone or concrete blocks.
Mr. Sibley stated that in 2003, a violation was placed on the previous owner due to the property being clear-cut. House plans were eventually approved with very specific conditions on the site’s revitalization. He also wants the Commission to know that Mr. McNeil has worked diligently to protect this site and that this misstep should by no means be indicative of how he is approaching this project. His patience and positive attitude should be noted. It should be noted that the current company, owning water rights to Lake Zoar, has not returned calls. The Commission is asked to look very specifically at the area to determine whether the plantings will be sufficient and whether or not the areas of disturbance are too encroaching on the original plans for the building site. He
asked for the Commissioners to look at the existing permit for the wetlands and make sure a decision is in tandem with that.
Motion to continue for May 23rd meeting.
Other Business
Minutes. Mr. Sibley discussed the process of taking minutes. He will discuss the process of taking minutes at a future meeting. Mary noted that in her research, minutes are normally submitted to the Town Clerk within 48 hours, but that the Newtown laws have no particular requirements. She also noted that minutes are usually submitted within a week. It was confirmed also that the minutes are the official record and the tapes are just a back-up.
New Applications
#07-13 82 Great Quarter Road. Demolishing of existing seasonal house and constructing new single family home.
#07-14 22 Horse Shoe Ridge Road. Construction of single-family home.
Draft Applications
Applicant originally applied to build a baseball field at Fairfield Hills and was required to produce an Aquifer Protection Report. They will have this certified within the next four days. Planning & Zoning Commission requesting Inland Wetlands Commission schedule a special meeting (quorum) to vote on this prior to their next meeting. Commission will make an effort to assemble a special meeting.
Motion to adjourn by Commissioner Kotch.
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