Inland Wetlands Commission
FINAL APPROVED MINUTES
Regular Meeting
June 27, 2007, 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Kotch, Pieragostini, Salling, Curran and Gillingham..
Staff Present: Robert Sibley, Conservation Official; Tammy Hazen, Clerk.
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Commissioner Peters opened the hearing at 7:31 p.m.
Continuation of Public Hearing
#07-06 Newbrook LLC, & Obtuse Road Application for a four lot subdivision and associated development activities.
Commissioner Peters opened the hearing and noted that the Commission received a supplemental report from the Commission’s expert, JMM Wetlands Consulting, on June 25, 2007. Draft plans were received from the applicant in the Land Use Office at the end of June 26, 2007. The Commissioners were not given time to review the plans. Commissioner Peters recommended that the Commission accepts the plans, but also noted that the applicant should carefully consider whether they want to proceed with the hearing or withdraw and resubmit since the hearing will be closed tonight.
James Murphy, Esq., Gregory and Adams, PC, 190 Old Ridgefield Road, Wilton, did not withdraw the application and stated that they have met with Mr. McManus and are prepared to address all issues raised in a previous report. He distributed and reviewed materials regarding responses in previously raised issues.
Matthew Popp, Landscape Architect, Professional Wetlands Scientist, Environmental Land Solutions, LLC,
8 Knight Street, Norwalk, Connecticut reviewed the planting plans and monitoring of the site. One monitoring plan for erosion controls and another for monitoring the water quality basin. He feels there will be no impact on Pond Brook.
Stephen McAllister, P.E., McChord Engineering, 78 Danbury Road, Wilton, Connecticut explained the technical aspects of the plans and answered questions from the Commission.
Jim McManus, Certified Professional Soil Scientist, JMM Wetland Consulting Services, Newtown, Connecticut, presented his findings to the Commission. He discussed details of a meeting with Mr. Popp and Mr. McAllister on June 20th, including erosion control issues and site monitoring. Please refer to correspondence and reports that were distributed. He answered questions from the Commission and from Mr. Sibley.
Dorothy Dwyer, 8 Obtuse Road, Newtown, spoke concerning the water quality (temperature and nutrients) and whether it would be monitored after construction, specifically in an area about 200 feet before it flows into Pond Brook.
Atty. Murphy made closing remarks. He asked to transmit approval or denial information to Planning & Zoning.
Commissioner Pieragostini made a motion to close the public hearing. Seconded by Commissioner Salling. Motion carried.
#07-08 Mount Pleasant Road, LLC, 174 Mount Pleasant Road. Construction of office buildings with associated activities.
Atty. Robert Hall, 43 Main Street, Newtown, CT provided a status report. The applicant is having difficulty retaining a landscape architect for the property. A positive response was received by the adjacent property owner (Newtown Professional Building) regarding the cooperation on the construction of a detention basin.
Commissioner Kotch moved to continue hearing to July 11, 2007. Seconded by Commissioner Salling. Motion carried.
#07-10 St. Rose School, Church Hill Road. Improvement to a school facility and associated construction activities.
Atty. Jim Healy was present, as an observer, to represent the applicant.
Commissioner Kotch motioned to close the hearing. Seconded by Commissioner Salling. Commissioner Curran abstained. Motion carried.
Commissioner Kotch motioned to approve application with standard conditions A, B, C, D, E, F and
1. The approved plans for the development is “Proposed Addition to St. Rose School”, Newtown, CT, dated revised June 8, 2007.
Commissioner Salling seconded. Commissioner Curran abstained. Motion carried.
#07-12 Kevin McNeil, 71 Algonquin Road. Application for activities within a regulated area.
Kevin McNeil spoke and referenced a letter from First Light Power Resource Company that approved plans of the effects to their property. Mr. Sibley stated the Commissioners had issues relating to the permit, including the possible reduction of the height of the retaining walls and the consideration of either a stepping or terracing of the wall.
Mr. Sibley stated that the applicant has been proactive with erosion controls and referred to Jim McManus’ recommendations on plantings to stabilize the area. The Commission asked for a lay-out for plantings before the July 11th meeting.
#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 reviewed information regarding the division of the applicant’s property and provided an updated map of the site. There will be 1.32 acres designated as open space that lie about 100 feet from the wetlands. He also discussed the possibility of using a common driveway instead of developing a second driveway.
Commissioner Pieragostini motioned to approve application with standard conditions A, B, C, D, E, F, H, and
1. The approved plans for the development is “Lot 3 Old Farm Hill”, 22 Horseshoe Ridge Rd, Newtown, CT, Dated Revised June 25, 2007.
2. If Planning and Zoning approves a common driveway, the applicant must return with modification plans.
Commissioner Kotch seconded motion. Commissioner Gillingham abstained. Motion approved.
#07-15 Alfred Craig, 22 Washington Avenue. Application for activities related to the construction of a single family residence.
Applicant was unable to attend the meeting. Commissioners have reviewed the plans and subsequent letter documenting the time frame for completion of plantings and future monitoring.
Commissioner Salling made a motion to approve with standard conditions A, B, C, D, E, F, and
1. The removal of debris will be completed and approved by the Conservation Official within 90 days of approval, as per applicant.
2. The mitigation planting will commence within 9 months of application approval.
Seconded by Commissioner Kotch. Commissioner Peters abstained. Motion carried.
#07-16 Mark Valentine, 27 Bankside Trail. Application for activities related to the construction of a single family residence.
Mark Valentine, 27 Bankside Trail, discussed the erosion controls on his property. He understands that he will have to do some major terracing because the average slope is 30°. Mr. Sibley stated that the soil erosion issues have been stabilized. The Commission requires the applicant to receive permission from First Light for activities conducted on the site that affects their property. The applicant will return at the next meeting.
#07-17 Town of Newtown, Saw Mill Road Bridge #1. Application for activities related to the construction of a bridge for a road.
Commissioner Curran made a motion to approve with standard conditions: A, C, & E, and
1. The approval plan for the development is “Replacement of Saw Mill Bridge #1”, Newtown, CT, Dated Revised March, 2007 and associated Control Detail Plans.
Seconded by Commissioner Pieragostini. Commissioner Peters abstained. Motion carried
#07-18 Town of Newtown, Saw Mill Road Bridge #2. Application for activities related to the construction of a bridge for a road.
Commissioner Curran made a motion to approve with standard conditions: A, C, & E, and
1. The approval plan for the development is “Replacement of Saw Mill Bridge #2”, Newtown, CT, Dated Revised March, 2007 and associated Control Detail Plans.
Seconded by Commissioner Salling. Commissioner Peters abstained. Motion carried
Forest Practices
FP #07-01 Ed Moyle, 18 Osborne Hill Road. Application for activities within the regulated area.
Attorney Ward Mazzucco, Danbury, CT handed in green cards and explained details of the forestry application. The property consists of 4.8 acres with an existing residence. Before applying for a sub-division, the applicant must show the feasibility of a septic system.
Mark Lancor, PE, Dymar Engineering, 325 Main Street South, Southbury, CT, described the need to clear trees in order to prepare a gravel driveway bed to access a testing area. Afterwards, the area will be seeded and the gravel will help to maintain stability. They will begin the process of applying for a sub-division once the Health Department approves the septic tests.
Rob Sibley stated that the Commission will focus on a sediment erosion plan and a forest management practices follow-up. If this lot is not developed, the Commission will work with the applicant on reseeding and the repopulation of trees. The Commission requests that the “forest” be replaced using hard and soft indigenous trees, instead of the planting of white pines (as the plan suggests). The applicant answered questions by the Commission. The Commission will walk the property.
Other Business
Minutes
Commissioner Kotch motioned to approve Minutes of April 25, 2007 as amended with corrections.
Seconded by Commissioner Salling. Motion carried. Minutes will be in final format and noted as
“Final Approved”.
Commissioner Kotch motioned to approve Minutes of May 9, 2007 as amended with corrections.
Seconded by Commissioner Peters. Motion carried. Minutes will be in final format and noted as
“Final Approved”.
Commissioner Pieragostini motioned to approve Minutes of June 13, 2007 as amended with corrections. Seconded by Commissioner Kotch. Motion carried. Minutes will be in final format and noted as
“Final Approved”.
Tammy will send these out electronically to Commission again. She will listen to the tape of the February 28th meeting and complete the minutes. Tammy will begin sending minutes to Jan Andras so she can place them on the town’s website. It was confirmed that Agendas are sent to the Town Clerk no later than noon the day before a meeting.
D.O.T. Plans for Exit 11: Mr. Sibley discussed a DOT public information session on Exit 11 (Rte 84). The proposed truck stop in Newtown has been taken off the table completely because of the aquifer. Exit 11 is being reconfigured, the two bridges will be taken out, and there will be a four lane intersection on Rte 34. This is an environmentally sensitive plan. The existing long “J” exit lanes will be removed and the area will become a meadow and repopulated with trees.
Iroquois Gas Pipeline: Iroquois went to the Federal Energy Regulatory Commission (FERC) to ask for an expansion of their pipeline. The pipeline runs from northern NY state to Long Island. Their expansion program will affect several areas in New York State, a new valve assembly in Milford, a new compression station in Brookfield and a 1.6 mile loop of pipeline (adding storage capacity) in Newtown. The Commission will be endorsed by the Army Corp., FERC, and the DEP and empowered to regulate private property crossings of the pipeline. The pipeline loop will be installed in wetlands or vernal pools. They will need to clear out 75 feet on either side of the pipeline.
Motion to adjourn at 10:10 p.m.
New Applications
#07-19 82 Great Quarter Road – This applicant, Sandra Kuzmich, had previously withdrawn an application for a single family home.
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