Inland Wetlands Commission
FINAL APPROVED MINUTES
Regular Meeting
September 26, 2007, 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Pieragostini, Salling, Curran, Gillingham and Clancy
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
#07-25 Nick & Gina Vona, Oak Ridge III, 46 Eden Hill Road. Application for activities related to a sub-division. Commissioner Pieragostini read the call.
Atty. Tom Vetter, from Keogh, Burkhart and Vetter in Norwalk, CT, introduced Wes Stout, Landscape Architect, Martin Malin, Engineer, Michael Klein, Environmental Consultant and Matt Popp, Inland Wetland Scientist, and gave a brief overview.
Wes Stout, Licensed Landscape Architect of Wesley Stout Associates, presented a project overview and reviewed maps. He stated that of the 79 acres of property, about 25 acres are wetlands. The application proposes 17 lots, including 15 new home sites and 2 existing homes. He discussed a through road, required by DPW and emergency services, that connects Oak Ridge to Split Rock. It is designed with contours and cul-de-sacs to detract from through traffic.
Martin Malen, Professional Engineer, Shelton, CT discussed drainage systems, roadways, septic systems, utilities and erosion controls and presented watershed maps. There will be gravel access roads to the maintenance systems, a fire pond, a 10,000-gallon underground water tank and rain gardens planned on each site. The application includes 3,100 l.f. of new roadway designed to flow with the topography to avoid cuts. The sites are proposed as four bedroom homes with underground utilities and individual wells. He listed six specific proposed disturbances within the wetlands: (1) Grading is required along Sebastian Trail; (2) Grading is required on Lot #1; (3) Fill and culvert replacements are required for a driveway onto Lot #17; (4) The fill of a wetland pocket in the middle of the site; (5)
An underground detention system is proposed within a wetlands review area, and; (6) The use of an existing right of way on Split Rock Road.
Commissioner Curran asked for explanation of the purple blocks on the map surrounding the homes. It was explained that the blocks outline where the homes can be built within each lot.
Commissioner Peters asked how the proposed underground detention systems behind Lots 4, 5 & 6 would affect the hydrology. It was explained that they are designed to mimic current conditions and minimize impact. More testing will be done.
Commissioner Pieragostini asked for an explanation of the water flow to each watershed. Mr. Malen explained the percentages of water flow between the Aspetuck and Pootatuck watershed.
Commissioner Salling asked for a further explanation of the disturbance within Lot 17. Mr. Malen stated there will be a replacement of two collapsed pipes with the main disturbance being the filling in of wetlands to create a driveway. Mr. Sibley stated that the commission had earlier rejected an application to replace the collapsed pipes and that the commission will require more detail. The current area is a gravel access road to farmland. Commissioner Salling asked if the driveway will be paved. Wes Stout gave further explanation on activities related to Lot #17. In order to show this as a building lot, a proposed new home needed to be shown.
Michael Klein, Biologist and Soil Scientist, West Hartford reviewed his findings of biological resources, including wetland soils, vegetation, watercourses, wildlife species and habitats.
Wes Stout stated that the through road could not be planned any differently and that it disturbs only a small portion of the wetland areas. Commissioner Salling asked for an explanation of a statement regarding a “219 sq ft of wetland disturbance - does it mean filling in?” Mr. Stout answered “yes”. Commissioner Salling stated there are other options and structural approaches, such as a bridge.
Mr. Sibley asked questions: (1) Do details for storm water controls meet or exceed guidelines within the 2004 state guidelines for storm water quality? Mr. Malen answered “Yes” with further testing required; (2) When was the surface fire pond created and was a wetlands permit pulled? (3) The proposed rain gardens should be linked into the title deed for each lot; (4) The commission needs confirmation of storm water calculations pre- and post-construction using proposed homes on Vona Way and Oak Ridge. Mr. Malen stated he took into account an existing house on the corner of Vona Way and Oak Ridge, but not future off-site improvements. Mr. Sibley wants a cumulative calculation that includes the other two sites. Mr. Malen asked if the cumulative calculations should be done for
both pre- and post. Mr. Sibley answered "Yes"; (5) Has the public water company been contacted? It was stated that they have not. Mr. Sibley will provide additional written questions at the next meeting. He stated that the commission appreciates the level of detail in the applicant’s report. He also asked the applicant to consider any alternatives, such as bridges, etc. He asked the applicant to consider conservation easements as well.
The commissioners will walk the site.
Commissioner Pieragostini asked if the main access way will be staked out. Mr. Malen will re-stake the centerline and other specified areas.
Commissioner Curran asked if the applicant is considering pervious driveways. The applicant will come back to the commission on that. It depends upon the owner of each home.
Mr. Sibley reminded the applicant that the commission looks at water quality and for a no total increase of storm water run-off, pre- and post construction
Commissioner Peters asked for public comments.
Wenda Carlisle asked about open space. Mr. Sibley and Commissioner Peters stated that open space discussions are considered under Planning & Zoning.
Norman Urquhart, 23 Split Rock Road asked a question on vernal pool #6. Can there be alternatives for access roads.
Peg Demeck, 2 Split Rock Road, stated that the wetlands filled with water during recent storms and that the roads are being ruined. Mr. Sibley stated an engineering report would determine whether there would be excess water generated from the site.
Gary Demeck, 2 Split Rock Road, stated there is a spring under the road that creates cracks in the road.
Carol Bussey, 143 Hattertown Road, is interested in open space usable for paths of recreation. Commissioner Peters stated this is a comment best suited for Planning & Zoning.
Robert Hutcheson, 8 Split Rock, wanted it noted that it has been a particularly dry spring and summer and will that be considered.
Charles Foster, 4 Split Rock Road, asked if the commission considers the run-off from fertilizing and its effects on vernal pools. It was answered “absolutely”. Mr. Foster will provide additional questions in writing.
Due to scheduling issues, the applicant will need to skip the next meeting. Mr. Sibley suggested the applicant considers a written request for extension prior to the next meeting.
Commissioner Pieragostini motioned to continue public hearing to October 24, 2007. Seconded by Commissioner Curran. Motion carried.
Commissioner Salling motioned to break at 9:20 pm. Seconded by Commissioner Curran.
Meeting reconvened at 9:25 p.m.
Commissioner Peters reconvened the meeting at 9:30 p.m.
Pending Application
#07-23 Paul Genna, 32 Lake Road. Application for activities related to a violation.
Michael Cosmos was present to represent Paul Genna. Commissioner Peters stated that the commissioners had been out to see the site. Commissioner Curran asked about the grading on the plan. Access for construction will be seeded with grass. Issues with erosion are under control. Mr. Sibley stated that the silt fence could be removed. Commissioner Curran motioned to approve with standard conditions A, B, C, E, F, K, and L. Commissioner Pieragostini seconded the motion. Commissioner Clancy abstained. Motion carried.
#07-28 Mary Liscinsky, 6 Split Rock Road. Application for activities related to a subdivision.
Alan Shepherd, Professional Engineer, Shelton CT provided an overview of the application and distributed responses to the previous questions. A wetlands report was previously submitted by Jim McManus. Mr. Shepherd answered questions by the commission. The roof and footing drains are separated, as per Mr. Sibley’s request. Commissioner Salling asked about points three and seven regarding the driveways and that the water flows south to north. Mr. Shepherd answered that some does flow north. Commissioner Salling asked if there was consideration of a shared driveway and the elimination or decrease of the impervious surface of the driveways and requested an alternative map showing impervious surfaces. Commissioners will visit the site.
#07-29 Claris Construction, Inc. Enterprise Drive, Monroe. Application for activities related to the construction of a parking lot and septic system.
Mr. Bill Carboni represented the applicant. Some of the commissioners have visited the site. Out of 8.68 acres, 5.14 are in Newtown. Out of 82 parking spaces, 44 are in Newtown. A portion of the septic system is in Newtown. There is water discharge into bioretention system. The planting plan was reviewed. There will be a conservation easement for passive recreation with paths and a footbridge over wetlands. Commissioner Salling asked about water treatment. Mr. Sibley asked about if the site is considered one or two parcels. There is one parcel owned by the applicant. The applicant must have a functionality test completed. There are 200 acres of wetlands to the north. Commissioner Pieragostini asked about storm water run-off onto other sites. Additional commissioners will walk the site. The town line, parking lot and basins will be staked out.
#07-30 Highland HC, LLC, 121, 123, 125 South Main Street. Application for activities related to the construction of commercial buildings. Public Hearing scheduled for October 10, 2007.
#07-31 Allstate Realty, Inc., 2 Shady Rest Blvd. Application for activities related to a single-family residence.
Gary Gilroy, principal of Allstate Realty, presented plans for the location of a proposed new home. Commissioner Peters asked for a more physical demarcation between the property and the stream. Mr. Sibley suggested a fence or stonewall. Commissioner Pieragostini mentioned a split rail fence. Mr. Sibley asked the applicant to mark the trees they plan to cut down with yellow ribbons. The discharge point and footing drains were discussed. Mr. Sibley suggested a rain garden. Rubbish is to be removed from the stream. The commissioners will visit the site.
#07-32 Eugene Orlowski, 18 & 20 Sugar Street. Application for activities related to a pond restoration.
Commissioner Pieragostini motioned to table this item. Seconded by Commissioner Salling. Motion carried.
Aquifer Protection District
#07-04 Fairfield Hills Sports Facility, 46 Mile Hill Road. Aquifer Impact assessment for Planning & Zoning.
Commissioner Pieragostini motioned to approve as having no significant impact. Seconded by Commissioner Curran. Commissioner Clancy abstained. Motion carried.
OTHER BUSINESS
#02-14 Hunter Ridge, application for an extension. Atty. Bob Hall discussed a request for extension. Mr. Sibley recommends the commission approves this extension and that it be tabled to the next meeting for appropriate language. Commissioner Salling motioned to table. Seconded by Commissioner Curran. Commissioner Clancy abstained. Motion carried.
#07-34 Nunzio Sasso, 42 Great Ring Road.
Mr. Sibley asked for application #07-34 be accepted at this meeting and application be heard. It was motioned and approved to accept this application.
Scott Biel was present to discuss this application that was previously withdrawn and answered questions regarding the filling in of a former foundation that inadvertently created a man-made wetlands. The applicant has asked for the fee to be waived. The commission asked for the protection and improvements of the wetlands. A decision will be rendered at the next meeting.
Minutes
August 22, 2007 - Commissioner Pieragostini stated Parmalee was misspelled and applicant names were inconsistent, Glenn Road should be Glen Road. Also, Commissioner Pieragostini was not present to make a motion, change to Commissioner Peters. Commissioner Salling motioned to approved. Seconded by Commissioner Curran. Motion carried. Commissioner Clancy Abstained.
September 12, 2007 – Commissioner Curran was not present. Commissioner Pieragostini was present. Nunzio Sasso should show cubic yards (CY). Under Liscinsky, Commissioner Pieragostini asked about the consideration of a common driveway. Under the 6th bulleted item, change “original proposed” to “originally proposed”. Commissioner Salling motioned to approve. Seconded by Commissioner Pieragostini. Commissioner Clancy abstained. Motion carried.
Porco Construction, 5c Glen Road. Mr. Sibley will write a letter on the commission’s behalf, requesting materials needed to approve an extension.
Commissioner Salling motioned to adjourn at 11:00 p.m. Seconded by Commissioner Curran.
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