APPROVED MINUTES
Regular Meeting
October 24, 2007, 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Kotch, Pieragostini, Salling, Curran, Gillingham and Clancy
Staff Present: George Benson, Director of Land Use; 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.
Application withdrawn.
#07-30 Highland HC, LLC, 121, 123, 125 South Main Street. Application for activities related to the construction of commercial buildings.
Peder Scott, Architect and Engineer, representing the applicant, returned with a response to previous comments and questions. One concern was the salt treatment on the site. He proposes planting salt-tolerant plants in the forebay, an annual pavement cleaning and maintenance plan, and the possible use of alternative materials for ice melting.
Jennifer Beno, Biologist and Soil Scientist with Environmental Services in Cheshire, presented her findings and answered questions regarding the impact of the wetlands on the proposed site. The wetlands proposed to be filled in are designated as a low quality wetlands. There would not be an overall impact to the wetlands area. She recommended that debris be removed from the wetlands area. A stepped wall system (Sierra Wall System) was proposed where vegetation can be planted within the wall system itself.
Mr. Scott discussed maintenance plans and the cleaning of catch basins. A storm water management analysis was distributed. The applicant plans to upgrade the current DOT pipe that has decayed. The system will slow down the velocity of the water and remove oils.
There were no public comments. Applicant needs an extension in writing. The public hearing will remain open.
Pending Application
#07-28 Mary Liscinsky, 6 Split Rock Road. Application for activities related to a subdivision.
Ms. Liscinsky attended the meeting in lieu of the Engineer. The commissioners confirmed with the applicant that the driveway will consist of permeable pavers that will be placed in a series to break up the impervious surface. A wetlands report by JMM Wetlands was submitted to the commission that recommends that no plantings are necessary near the vernal pool.
Commissioner Pieragostini motioned to approve the application with standard conditions:
A. 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 directed by the Conservation Official.
B. The Conservation Official must be notified in writing one week prior to commencement of the permitted activity and again upon completion of the activity.
C. A copy of the approved plans will be on site at all times.
D. The Conservation Official must inspect and approve the marked limits of disturbance on the site prior to any site activity.
E. No alterations of the site plans are allowed for this permit, unless a modification is requested and granted by the commission or its agent.
F. The conservation easement approved by the Conservation Official, is to be filed at the office of the Town Clerk, on the title deed, and the Land Use Office.
G. Any proposed easement areas and open space shall be marked on the entire site prior to any site activity, with permanent markers approved by the Conservation Official.
And:
1. The approved plans for the development is, Overall Site Plan “Resubdivision of Deer Run Estates and Parcel 12-2-155 B” 6 Split Rock and 60 Eden Hill Roads Newtown, CT, Dated Revised October 18, 2007.
2. The applicant will install rain gardens or suitable infiltration devices, as approved by the wetlands agent, at the outlet of all roof drains and footing drains.
3. The applicant will install impervious pavers intermittently on the common driveway, under the discretion of the Conservation Official
Seconded by Commissioner Clancy. Motion carried.
Commissioner Curran amended the motion to change #3 to state “… on the entire driveway.” Commissioner Kotch seconded. Motion carried.
#07-29 Claris Construction, Inc. Enterprise Drive, Monroe. Application for activities related to the construction of a parking lot and septic system.
Commissioner Kotch motioned to approve and extension for November 14, 2007. Seconded by Commissioner Curran. Motion carried.
#07-32 Eugene Orlowski, 18 & 20 Sugar Street. Application for activities related to a pond restoration.
Commissioner Kotch motioned to deny the application without prejudice based on:
1. An incomplete application.
a. Specifically, that the applicant has not provided the impact reports and restoration plans requested by the commission.
b. Specifically, that the applicant has not provided proposed survey showing locations requested by the commission.
2. The environmental impact of the proposed regulated activity on wetlands. Specifically the filling and dredging of the pond and wetlands.
Seconded by Commissioner Pieragostini. Motion carried.
#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.
Applicant not present.
#07-35 TPA Design Group, 5 Queen Street. Application for activities related to the construction of a commercial building.
Public hearing scheduled for November 14, 2007.
#07-36 Joseph Simek, 4 Pondbrook Road. Application for activities related to the construction of a pool.
Commissioner Kotch motioned to approve application with standard conditions:
A. 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 directed by the Conservation Official.
B. The Conservation Official must be notified in writing one week prior to commencement of the permitted activity and again upon completion of the activity.
C. A copy of the approved plans will be on site at all times.
D. No alterations of the site plans are allowed for this permit, unless a modification is requested and granted by the commission or its agent.
E. File an A-2 survey with the town clerk delineating the property boundaries, watercourses, wetland boundaries, and easements along with all the elements normally associated with a plot plan.
F. 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 Commission showing the septic layout, structure location (s), wetland boundaries and watercourses.
Seconded by Commissioner Gillingham. Motion carried.
#07-37 Sunrooms of Connecticut, 3 Paugussett Road. Application for activities related to the construction of a single-family residence addition.
Bernie Gruszkiewicz, representing Sunrooms of Connecticut, attended to represent the applicant. Commissioner Peters stated that the application is not complete and that the applicant must return with more detailed information. It was recommended that the applicant meet with Mr. George Benson in the Land Use office for assistance.
#07-38 Andrew Wiggin, 84 South Main Street. Application for activities related to the construction of a commercial building and associated activities.
Mr. Wiggin presented a map of his four-acre parcel of land and described a proposed 4,500 sq ft building, the restoration of the existing 1830’s home, and the conversion of a four bay garage that borders the wetlands. The commission will discuss the application in more detail with the Engineer and Wetlands Soil Scientist at a future date. Mr. Wiggin will delineate the wetlands with flags. The commissioners asked for feasible improvement alternatives, pervious surfaces and less construction activities. The commission stated numerous concerns over the entire project. It was suggested that Mr. Wiggin ask the Engineer to contact Mr. Benson in the Land Use Agency.
Violation #07-11 Housatonic Railroad, Hawleyville Road. Violation of filling wetlands and activities related to the operation of a solid waste transfer facility.
Commissioner Peters opened up the Show Cause Hearing with an overview of the current violation that had been placed on the Railroad in regards to a wetlands disturbance. She reviewed the federal, state and local regulations and how they hold jurisdiction within this violation.
Mr. Benson reviewed the history of the violation and stated the concerns brought forth by the Commission. He stated that the applicant was asked to provide an A-2 survey in April to determine the property line, in particular, the area of violation.
Mr. Edward Rodriguez, General Council to the Railroad, and Mr. Colin Pease, Vice President of Special Projects, representing the Railroad were present to discuss their position in this matter.
Mr. Rodriguez will speak with the President of the Housatonic Railroad about getting an A-2 survey done on the property.
Commissioner Peters motioned to keep the violation in place. Commissioner Curran seconded the motion. Motion carried.
Minutes
Due to time constraints, the minutes will be voted on at the next meeting.
Other Business
New Application – Forest Practices, Andrew Wiggins, 84 South Main Street.
Commissioner Kotch motioned to adjourn the meeting at 10:50 p.m. Seconded by Commissioner Salling. Motion carried.
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