Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
October 10, 2007, 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Kotch, 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 7:31 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 moved to table the hearing. Seconded by Commissioner Kotch. Motion carried. Item tabled.
#07-30 Highland HC, LLC, 121, 123, 125 South Main Street. Application for activities related to the construction of commercial buildings.
Commissioner Pieragostini read the call. Atty. Ward Mazzucco representing applicant, stated that the Engineer would be in attendance later in the evening Commissioner Curran motioned to move the item to the end of the agenda. Commissioner Kotch seconded. Motion carried.
The following was presented at the end of the Pending Applications:
Peder Scott, Architect and Engineer, representing the applicant, presented the Phase II project, an expansion of 1.06 acres of parking to the southeast. Packages were distributed that consist of storm water management plans that were reviewed and approved by the Town Engineer. Mr. Scott described in detail a submerged gravel wetlands component.
The applicant is limiting their expansion to the west side of the conservation easement line. Storm water will be run through a series of catch basins to an open forebay system and submerged gravel wetlands and then to an underground storm water system. The final discharge will be at an existing DOT discharge into a stream that runs into a large wetlands to the East. There would be a disturbance of about 3,800 sq ft of wetlands. A wall will be installed to demarcate the wetlands. The applicant is offering funding to be used as off-site wetland mitigation. Mr. Sibley noted that the gravel wetland system is a state-of-the-art engineered storm water system and removes 99% of the TSS.
Mr. Kotch asked why there are only two gravel wetlands planned and if the water run-off includes both the building and parking lot run-off. Mr. Scott answered that each gravel wetlands handles 45%, two will provide 90% of the first flush. The other 10% goes into the forebay. The water run-off being handled includes both the building and parking drainage.
The applicant will remove existing debris in the easement area.
Mr. Kotch asked about the retaining wall. Mr. Scott stated the wall will be eight feet away from the conservation easement. They will install a series of hay bales and silt fences. They will either install a pre-case wall system or have a poured wall. A split rail fence will also be installed.
Commissioner Curran asked for the amount of wetlands being disturbed and how much is handled by the gravel wetland system. Mr. Scott explained that there are two wetland areas to be filled, one is 3,042 sq ft and second is 858 sq ft to be covered by a parking lot. The two gravel wetlands would cover a total of 2,800 sq ft.
Commissioner Kotch asked whether the parking beneath the building is below grade. Mr. Scott said there is a 5% pitch.
Mr. Sibley asked for a functionality report. One was submitted during Phase I and a copy will be forwarded to the Commission.
Commissioner Salling asked about breaking up the impervious surface using plantings. Mr. Scott stated that the existing property was filled with debris and it would be more beneficial if all the storm water enters the gravel wetlands to be processed.
The public was asked for comment.
John Laricca, 7 Prospect Drive, is concerned about stream that flows through his yard during certain times of the year. Mr. Sibley stated that a functionality report will determine what type of water course it is and the effects on it.
Ms. Rikowski, 10 Prospect Drive asked if the access for construction will be anywhere else other than Rte 25. Commissioner Peters stated all the construction traffic will be from Rte 25 and that the easement area cannot be touched.
Mr. Scott provided a closing statement. Commissioner Pieragostini motioned to continue hearing. Seconded by Commissioner Kotch. Motion carried.
Pending Application
#07-28 Mary Liscinsky, 6 Split Rock Road. Application for activities related to a subdivision.
Alan Shepherd, Professional Engineer, Shelton CT returned with information and provided an overview of the application. The commission asked the applicant to provide plans for a common driveway. Mr. Shepherd stated he hesitates to plan a common driveway stating that Planning & Zoning would require it paved and installed, otherwise it would need to be bonded. It would also require a 16-foot wide clearing. The applicant does not plan to build within the next five years. He also stated that two separate driveways would allow them to meander around an existing canopy. He also added impervious pavers to the plans.
Commissioner Pieragostini asked for the amount (linear feet) of impervious pavers they plan to use. Mr. Shepherd answered about 150 linear feet.
Commissioner Salling asked if they would still plan to pave if they install two driveways and if there was enough of a canopy to keep the temperature down. Mr. Shepherd answered they would probably plan to pave and felt there would be enough of a canopy to keep the driveways cooled. Mr. Sibley explained that the temperature is not factored into vernal pool activity.
Commissioner Salling asked what the distance is between the two driveways. Mr. Shepherd answered 40 to 100 feet in certain areas.
Commissioner Kotch asked for clarification of a single driveway needing to be paved right away. Mr. Shepherd said if they didn’t pave it immediately, it would have to be bonded.
Mr. Sibley discussed the option of using an interrupted impervious surface that uses pavers placed in a series or staggered with impervious surfaces. The interruption helps with infiltration rates. He also asked about the planned turn around (circular driveways) in front of the homes. Mr. Shepherd stated that the style of homes shown on the plans are larger than is expected to be eventually built on site. A condition of approval would be that the applicant returns for a re-application when they plan to build.
Commissioner Pieragostini asked about the difference in the amount of fill between the two properties. Mr. Shepherd answered it depends on the amount of grading.
Commissioner Curran asked about the underground galleries and confirmation that there would be no changes in the vernal pool. Mr. Shepherd stated there is one gallery planned within the regulated area and believed there would be no changes to the vernal pool.
Mr. Sibley asked for Mr. Shepherd to confirm that he will state for the record that there would not be any disturbance to the vernal pool’s functionality. Mr. Shepherd stated that it is his opinion, as an Engineer, that there would be no significant negative impact to the hydrology or the functionality of the vernal pool. Commissioner Pieragostini asked if Mr. Shepherd would consider a second opinion from a wetlands biologist. He stated that Jim McManus was consulted but that he could provide a better assessment in the Spring. It was suggested that a completed report could be a condition of approval. The applicant will return in two weeks.
#07-29 Claris Construction, Inc. Enterprise Drive, Monroe. Application for activities related to the construction of a parking lot and septic system.
Item tabled.
#07-31 Allstate Realty, LLC, 2 Shady Rest Blvd. Application for activities related to a single-family residence.
Gary Gilroy, principal of Allstate Realty and representing the applicant, was present.
Commissioner Pieragostini motioned to approve with standard conditions A, B, C, D, E, F, and:
1. The approved plans for the development is titled: Subsurface Sewage Disposal System Lot 41; 2 Shady Rest Boulevard, Newtown, CT; Allstate Realty; Dated 1/19/07; Revised 9/20/07.
2. The applicant shall install the approved landscape planting prior to receiving the Certificate of Occupancy, along with the installation of a split rail fence, or suitable replacement along the majority of the planting.
3. The applicant will remove all garbage along property stream edge. This shall be approved by the Inland Wetlands Agent.
Commissioners Salling seconded the motion. Commissioner Kotch abstained. All approved. Motion carried.
07-32 Eugene Orlowski, 18 & 20 Sugar Street. Application for activities related to a pond restoration.
Item tabled.
#07-33 William Piccirillo, Jr., 5 Sugar Loaf Road. Application for activities related to the construction of a larger lawn and the removal of a violation.
Item tabled.
#07-34 Nunzio Sasso, 42 Great Ring Road. Application for activities related to the remediation of an oil leak.
Scott Beals, Sovereign Consulting was present to represent the applicant.
Commission Salling made a motion to approve with standard conditions A, B, C, D, E, L, and
1. The approved site plan is titled: Proposed Excavation 42 Great Ring Road Newtown, CT; Dated 7/9/07.
2. A separate wetlands permit will be required for any future location/building of any proposed activities not covered directly by this permit.
#07-35 TPA Design Group, 5 Queen Street. Application for activities related to the construction of a commercial building.
Commissioner Curran motioned for the commission to schedule a public hearing on November 14, 2007. Seconded by Commissioner Kotch. Motion carried.
#07-36 Joseph Simek, 4 Pondbrook Road. Application for activities related to the construction of a pool.
Joseph Simek and John Dubyoski, pool installer, provided an overview and distributed plans to the commission. The excavated dirt will be used for a patio and stonewalls will be built.
Commissioner Peters asked for a more detailed plan that includes the volume of soil (where they are being taken from and moved to), elevation changes, plans to protect the watercourse, and the distances of the silt fences from Pond Brook. The applicant will stake out the fence and pool areas. The Commissioners will walk the site.
Commissioner Pieragostini asked how many feet would the stockpile be from Pond Brook. The applicant stated that it would be 65 feet away, but will move it 150 feet from Pond Brook.
#07-37 Sunrooms of Connecticut, 3 Paugussett Road. Application for activities related to the construction of a single-family residence addition.
Item tabled.
Ext #02-14 Hunter Ridge LLC, Mt. Pleasant Road. Application for an extension.
Commissioner Curran motioned to approve with the following condition:
1. The permit is valid until July 25, 2012.
Violation #07-11 Housatonic Railroad, Hawleyville Road. Violation of filling wetlands and activities related to the operation of a solid waste transfer facility.
Mr. Sibley distributed information and photos of a wetlands disturbance in the lumber company area in Hawleyville. The Railroad company began using the area as a solid waste transfer station using a federal loophole exempting them from all land use laws. Mr. Sibley read a violation letter he sent to the Housatonic Railroad Company dated June 4, 2007 noting a fine, asking for erosion and sedimentation controls and requesting they apply for a wetlands permit. They were given 30 days from June 23, 2007. On July 13th (45 days later), they sent a letter asking for an additional 60 day extension. Mr. Sibley granted the 60-day extension and lent them the 2002 guidelines for sediment and erosion controls. Mr. Sibley received another letter on August 7th stating they would
like to meet. Mr. Sibley then received an e-mail on August 29th stating that they would meet on the site to discuss the process. During the meeting, they stated they did not understand what was needed. They then wrote a letter stating they are exempt from wetlands law and will continue to operate as they have been. Mr. Sibley will send a cease and desist letter with request for show cause hearing. If they do not show, it will then be forwarded to the Town’s attorney and the Attorney General’s office. The CEPA (Connecticut Environmental Protection Act) can also be involved with this violation as brought up by Commissioner Peters.
Minutes
September 26, 2007 – Commissioner Salling motioned to approve with changes. Seconded by Commissioner Curran. Commissioner Kotch Abstained. Motion carried.
Commissioner Pieragostini motioned to adjourn the meeting. Seconded by Commissioner Kotch. Motion carried.
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