Inland Wetlands Commission
FINAL APPROVED MINUTES
Regular Meeting
August 8, 2007, 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, 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.
Pending Application
#07-08 Mt. Pleasant Road, LLC, 174 Mt. Pleasant Road. Construction of office buildings with associated activities.
Commissioner Peters read the call.
Commissioner Curran made a motion to approve with standard conditions A, B, C, D, E, F, and
1. The approved plans for the development are:
a. Site Plan “Mt. Pleasant Road, LLC” 174 Mt. Pleasant Road Newtown, CT, Dated Revised May 7, 2007
b. Construction Plan “Mt. Pleasant Road, LLC” 174 Mt. Pleasant Road Newtown, CT, Dated Revised May 21, 2007
c. Landscape Plan “Mt. Pleasant Road, LLC” 174 Mt. Pleasant Road Newtown, CT, Dated July 10, 2007
2. Prior to any site activities the applicant shall confirm the through an engineered report, the viability of the stormwater infiltration devices depth to groundwater. Insufficient separation from the devices and ground water or denial of resulting device modifications by the Conservation Official will result in a revocation of this permit.
3. The applicant will install permanent storm water drain markers approved by the Conservation Official.
Seconded by Commissioner Gillingham. All approved. Motion carried.
#07-19 Sandra Kuzmich, 82 Great Quarter Road. Application for construction of a single family home.
Matthew Scully, CCA Engineer, Brookfield, Connecticut, responded to answered previously posed by Mr. Sibley. He spoke with Mr. Wood from First Light and found the construction is not within First Light’s property, although they do have to register the construction of the sea wall and docks. He noted changes to the plans, including the elimination of the wrap around porch and addition of a small deck. The house is moved 1½ feet closer to the lake with changes to the grading . No additional limits of disturbance. The sea wall’s width and depth may change, but the height, and may be placed farther back into the lot.
Commissioner Salling asked about the look of the wall if the water course will be affected. Mr. Scully stated that the wall will look similar to the existing wall and the water course will remain the same.
Commissioner Curran asked about construction vehicles and the fill that will be used. Mr. Scully stated they will have construction vehicles but don’t anticipate that a large amount of fill material will be needed.
Commissioner Peters asked if the property owner has an easement over the dirt road and is concerned about erosion. Mr. Scully believes there is an easement that has been there for several years. Greg Sideleau, representing the applicant, stated the applicant’s family has used the property uninterrupted for more than 50 years. Also, there is language in the title history that permits the property owner at the bottom property to “drive their goats and cattle from Great Quarter Road down to the old lake”. He feels there is a sufficient right of way. And, it is the only access to the property other than by water.
Commissioner Peters remains concerned about erosion down and across the road. Mr. Sibley discussed possible violation issues and that the driveway must be fixed, whether it be part of this construction project or by the owner of the property. Mr. Sideleau stated that the ownership of the road remains undetermined. Mr. Sibley stated the responsibility may fall upon the people using the driveway.
Commissioner Salling made a motion that the application be approved with standard conditions A, B, C, D, E, F, and:
1. The approved plans for the development are: Site Plan for Sandra Kuzmich, 82 Great Quarter Road, Sandy Hook, CT, Dated Revised 8/7/07.
Seconded by Commissioner Curran. Motion carried.
#07-20 Manuel & Crystal Carvalho, 21 Whitewood Road. Application for activities within a regulated area.
Commissioner Salling was concerned about the amount of stumps, holes and boulders on the property. Mr. Carvalho stated there were several dead trees removed and that large boulders moved for ornamental purposes. The landscaping work on the east side of the house is complete. There is still work to be completed on the west side, near the wetlands. He asked if vines could be removed off trees. Commissioner Peters answered that the vines could be removed, but not the trees. She also wanted it noted for the record that the pool and cabana area noted in the plans are not part of this application’s approval. Mr. Sibley will monitor site.
Commissioner Curran made a motion that the application be approved with standard conditions A, B, and C.
All approved. Motion carried.
#07-21 Lucille Pieretti, 14 Brandywine Lane. Application for activities related to the construction of a pool.
Richard W. Contois, L.S., L. Edwards Associates, LLC, 227 Stepney Road, Easton, CT reviewed plans on the pool. The Commission visited the site. Commissioner Salling confirmed with the applicant that trees and vegetation will be removed. Also, the conservation easement area should be delineated for those who are installing the pool. Mr. Contois stated a silt fence will be installed along the easement area.
Commissioner Curran made a motion that the application be approved with standard conditions A, B, and C.
1. That the conservation easement is delineated at the site prior to the construction of the pool.
Seconded by Commissioner Gillingham. All approved. Motion carried.
#07-22 Nunzio Sasso, 42 Great Ring Road. Application for activities related to the mediation of an oil leak.
Item Tabled.
#07-23 Paul Genna, 32 Lake Road. Application for activities related to a violation.
Item Tabled.
Modification #97-52 Talon Ridge Builders, LLC, 8 Pecks Lane. Application for activities related to the construction of a commercial building.
Chick Spath, Town Ridge Builders, representing the applicant, explained plans for an additional building that will be placed where pavement currently exists.
Bill Kenny, Certified Soil and Wetlands Scientist and registered landscape architect, discussed the mitigation plans to negate the impact of the remaining wetlands, including a rain garden approximately 2,000 to 3,000 sq ft and other vegetated areas.
Commissioner Peters stated that the plans submitted for the wetlands and rain garden are among the nicest she’s ever seen. She appreciates the level of detail. Commissioner Salling also agreed.
Commissioner Salling motioned to approve this application with standard conditions A, B, C, D, E, F, and:
1. The approved plans for the development are: Site Improvements for 8 Pecks Lane, Talon Ridge Builders, LLC., Newtown, CT, Dated Revised 7/6/07.
Seconded by Commissioner Curran. Motion Carried.
Modification #06-47 David & Carla Barzetti, 16 Beaverdam Road. Application for activities related to the construction of a barn.
Ms. Barzetti explained they currently have a dilapidated hay barn they want torn down and rebuild a larger barn to be used for storage. It will be built on a slab, with no electric, insulation, etc. The structure will be close to the river. The gravel drive will remain. The Commissioners will visit the site.
Forest Practices
FP #07-01 Ed Moyle, 18 Osborne Hill Road. Application for activities within the regulated area.
Atty. Ward Mazzucco, representing applicant, reviewed the plans. The Commissioners have recently walked the property.
Commissioner Salling stated for the record that although the current regulations allow this application, she still remains uncomfortable with the notion that the site that may be unsuited for development, that it has failed a perk test and that such a disturbance has been created. The habitat for wildlife is being disturbed and mature trees are being cleared so that a test, which has already failed, can be conducted again with a chance that it may succeed. It strikes her as very inappropriate and peculiar.
Commissioner Peters felt it unfortunate that the state does not have its program currently in place to approve alternate small wastewater treatment systems. She recognizes that it will be a minimum of 18 months before it is approved. She stated the Commission is considering this based on current rules and engineering options.
Commissioner Curran asked Atty. Mazzucco about the applicant’s timing concerns regarding this project. Atty. Mazzucco stated that Mr. Moyle is very eager to go forward with this application.
Commissioner Curran moved that this application be approved with the following 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. If the applicant fails to receive the endorsement of the Newtown Health District or the Zoning Commission for the building of the home site within two years, then this permit is revoked. If the permit is revoked then the applicant will restore the area to its original state. This will include removal of all imported fill and the planting of trees currently found on the site. This planting will be monitored by the Conservation Official for three years after installation.
Seconded by Commissioner Gillingham. Seconded by Commissioner Gillingham. Motioned carried.
OTHER BUSINESS
Acceptance of New Applications
#07-24 27 Parlamee Road, Stephen & Paula Greenfield
#07-25 Oak Ridge III, 46 Eden Hill Road, Nick & Gino Vona
#07-26 27 Bankside Trail, Mark & Theresa Valentine
Minutes
Commissioner Curran motioned to approve Minutes of July 25, 2007 with one change. Seconded by Commissioner Salling. Motion carried.
Commissioner Salling opened a discussion of ways the Commission can recognize applicants, builders, contractors, soil scientists, etc. for excellence in upholding Inland Wetlands regulations or taking part in improving or protecting Newtown wetland areas.
Mr. Sibley stated that he recently spoke with chair of the Conservation Commission about this same idea. He recommends linking the two Commissions with subcommittees to discuss options. It could be implemented by the Conservation Commission with an endorsement by the Inland Wetlands Commission.
Commissioner Salling motioned to adjourn at 8:45 p.m. Seconded by Commissioner Peters.
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