Inland Wetlands Commission
FINAL APPROVED MINUTES
Regular Meeting
June 13, 2007, 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Pieragostini, Salling, and Curran.
Staff Present: Robert Sibley, Conservation Official; Tammy Hazen, Clerk.
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Commissioner Peters opened the hearing at 7:30 p.m.
Continuation of Public Hearing
#07-06 Newbrook LLC, & Obtuse Rd. Application for a four lot subdivision and associated development activities.
Commissioner Peters opened hearing stating that the Commission has received a report by an expert on the potential impact on the stream by the development. The Newtown Land Use Office and the applicant have received copies of the report by JMM Wetland Consulting Services on Friday, June 8, 2007. Applicant was asked for comments.
James Murphy, Esq., Gregory and Adams, PC, 190 Old Ridgefield Road, Wilton, responded by stating that he felt everything in the report can be addressed. He also asked if representatives from the applicant could communicate directly with Mr. McManus and Mr. Sibley - regarding matters on the report - prior to the next meeting. He also asked that if there were any additional issues, would the Commission state their concerns as a condition of approval, rather than a reason for denial. Commissioner Peters stated that it depends on issues that arise.
Commissioner Peters asked the Commissioners, Mr. McManus, and Mr. Sibley if they foresee any procedural issues communicating with the Applicant outside the hearing. Also, Commissioner Salling requested that any correspondence be delineated with numbered paragraphs to help in referencing responses. Commissioner Pieragostini stated that it may help if information was sent back and forth via e-mail. There were no issues regarding these suggestions.
Matthew Popp, Landscape Architect, Professional Wetlands Scientist, Environmental Land Solutions, LLC,
8 Knight Street, Norwalk, Connecticut stated that based on plants grown in the area there is no indication of high ground water. The water quality basin and planting plan will be modified.
Stephen McAllister, P.E., McChord Engineering, 78 Danbury Road, Wilton, Connecticut explained the engineering aspects of the application and answered questions from the Commission and Mr. Sibley.
Commissioner Peters stated that the Commission has been concerned about the effect of the development on the wetlands and the fact that it disturbs a very sensitive water course.
Jim McManus, Certified Professional Soil Scientist, JMM Wetland Consulting Services, Newtown, Connecticut, apologized for the tardiness of his letter and explained his office was hit by lightening which burned out his computers. His firm was retained by the town to review the project, focusing mainly on what impact the project may have upon the tributary to Pond Brook. He clarified and presented his findings and requirements for additional detail in the plans to offset adverse impact on the area. He answered questions by the Commission and Mr. Sibley. Mr. McManus’ report, dated 6/8/07, is made part of these minutes.
Atty. Murphy expressed concerns about the fairness of the process and timing of questions. Commissioner Peters and Mr. Sibley stated that the Commissioners have expressed their concerns throughout past hearings.
Commissioner Salling made a motion for continuation of public hearing. Seconded by Commissioner Pieragostini. Motion carried.
#07-08 Mount Pleasant Road, LLC, 174 Mount Pleasant Road. Construction of office buildings with associated activities.
Item Tabled.
#07-10 St. Rose School, Church Hill Road. Improvement to a school facility and associated construction activities.
Commissioner Curran recused herself from this application. Atty. Jim Strub, Secor, Cassidy & McPartland, 41 Church Street, Waterbury, introduced himself as the applicant’s representative.
Chris Cardany, P.E., Langan Engineering, 555 Long Wharf Drive, New Haven, CT, spoke of a proposed solid 8’ cedar fence to be installed behind the soccer field, along with plans to prevent invasive species, flattening of the slope on the field (to promote infiltration), and future lawn maintenance and fertilization programs.
A letter of extension was received.
Modification #04-16 Congregation Adath Israel, 111 Huntingtown Road. Modification to existing Inland Wetlands permit for construction of a temple.
Kim Danziger, member of Adath Israel, presented material on the modification of erosion controls.
Commissioner Curran made motion to approve application with standard conditions A, and:
1. These conditions do not supersede the conditions of 04-16, but are in addition to them.
2. The approved plan for the development is “Site Plan for The Congregation Adath Israel” Newtown, CT, Dated Revised April 30, 2007
3. Upon completion of the project, an “As-Built” Plan, prepared by a professional engineer registered in the State of Connecticut, will be submitted to the Conservation Official for approval and recording showing the septic layout, structure location, discharge locations, topography, wetland boundaries and watercourses
Seconded by Commissioner Salling. Motion Carried.
Modification #06-02 Pine Tree Hill Road LLC, 33 Pine Tree Hill Road. Application for a four lot subdivision and associated activities.
Larry Edwards, P.E., provided an overview and history of this application and answered questions from the Commissioners. Commissioner Peters stated for the record that the Commission cannot weigh a decision based on mitigation of a Conservation easement to balance the loss of wetlands. Mr. Sibley confirmed this information was passed down from the Attorney General’s office.
Commissioner Pieragostini made a motion to deny this application without prejudice, based on the following reasons:
1. The environmental impact of the proposed regulated activity on wetlands or watercourses. Specifically the filling of approximately 650 square feet of wetlands.
2. The applicant’s purpose for, and any feasible and prudent alternatives to, the proposed regulated activity which alternatives would cause less or no environmental impact to the wetlands or watercourse. Specifically:
a. That the applicant currently has legal and available access to the site.
b. Possesses an Inland Wetlands Permit (06-02) to conduct regulated activities of lesser impact.
c. The approved current permit (06-02) allows for the filling of 35 square feet of wetlands.
3. The commission notes that these deficiencies were expressed in an earlier denial. (05-24)
Commissioner Curran seconded motion. Motion carried.
#07-12 Kevin McNeil, 71 Algonquin Road. Application for activities within a regulated area.
Commissioner Pieragostini made motion to table application. Seconded by Commissioner Salling. Motion carried.
#07-14 Kevin & Dorothy Carolan, 22 Horseshoe Ridge Road. Application for activities related to the construction of single-family home.
Matthew Scully, CCA Engineer, Brookfield, Connecticut presented information regarding the division of applicant’s property, including the building of a second home, the placement of a new driveway and the movement of an existing stone wall. He was informed by George Benson, Newtown Land Use Officer, that a common driveway cannot be used for both houses in this application. Applicant will bring an updated map to the next meeting.
#07-15 Alfred Craig, 22 Washington Avenue. Application for activities related to the construction of a single family residence.
Mr. Craig’s sister, Jody, was in attendance. Mr. Sibley read a letter by the applicant and copies will be given to the Commissioners. The applicant is to submit buffer plans and a time frame prior to the next meeting.
#07-15 Mark Valentine, 27 Bankside Trail. Application for activities related to the construction of a single family residence.
Mark Valentine, 27 Bankside Trail and Edward Lundblad, 155 Lakeview Terrace, Sandy Hook presented information regarding a proposed deck from a house to a boathouse roof.
Mr. Sibley stated that the Commission has strong concerns regarding sediment erosion controls. The applicant is in serious violation of a current wetlands permit. The applicant was informed that the violation issues need to be addressed before the Commission can go further with this application.
Applicant will return at the next meeting.
Other Business
May 23, 2007 Minutes. Commissioner Salling noted corrections required on the May 23rd minutes. Page 2 under St. Rose School, 4th paragraph, it states “Commissioner Peters asked about the amount of additional …” should be changed to “Commissioner Salling asked about the amount of additional …”; Page 2 under 33 Pine Tree Hill Road, 2nd paragraph, it stated “Commissioner Hovious” should be changed to “Commissioner Kotch”; Page 3, Commissioner “Salling” was spelled wrong. Commissioner Pieragostini made motion to approve May 23, 2007 minutes. Seconded by Commissioner Salling. Commissioner Curran abstained from vote. Minutes will be in final format and noted as “Final Approved”.
Minutes for April 25th and May 9th 2007 meetings were handed out to Commission. Tammy will send these out electronically to Commission again. February 28th minutes still need to be reviewed.
New Applications
#07-17 Town of Newtown, Saw Mill Road Bridge #1. Replacement of existing failed culverts. File taken by Commissioner Curran
#07-18 Town of Newtown, Saw Mill Road Bridge #2. Replacement of existing failed culverts. File taken by Commissioner Curran
FP #07-01 Edward Moyle, 18 Osborne Hill Road. Application for clear cut of .3598 acres of forest.
File taken by Commissioner Salling.
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