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IW 11/14/07
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Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
November 14, 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 7:30 p.m.

Public Hearing

#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, provided an overview of the application and asked if there were further questions from the Commission.  Atty. Ward Mazzucco and Bill Brunetti were also present.

Commissioner Pieragostini asked about the height of the retaining wall.  Mr. Scott answered that it will range from 2 to 8 feet.  Commissioner Kotch asked about the Sierra Wall System.  Mr. Scott stated that a large portion of it will be Sierrascape or a similar wall system.  Commissioner Curran asked for confirmation that there would be no additional impact on the conservation easement.  Mr. Scott stated that although the state will still have discharge in that area, there will be no further impact from the applicant’s site.  

Commissioner Pieragostini motioned to close the hearing.  Seconded by Commissioner Kotch.  Motion carried.

Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, E, L, N and

1.      The approved plans for the development are:  Site Plan “Highland Plaza” 121, 123, 125 South Main Street, Newtown, CT, Dated Revised October 8, 2007.
2.      The applicant will install permanent storm water drain markers approved by the Conservation Official.
3.      The applicant will proceed with the expert recommendations of:
a.      The applicant’s offering for off site wetlands remediation of approximately 1,900 square feet at a location to be determined and approved by the Wetlands Commission.
b.      The utilization of a Sierrascape Wall or similar structure as the retaining walls.  Additional plantings associated with this wall are to be approved by the Wetlands Agent.
c.      The removal of trash and debris from the edge of the wetlands.
4.      The applicant will install permanent storm water drain markers approved by the Wetlands Agent.
5.      The applicant will report annually the maintenance for the permanent storm water structures.  Failure of the reporting and proper maintenance will result in a violation of the permit.  

Seconded by Commissioner Kotch.  Motion carried.

#07-35  TPA Design Group, 5 Queen Street.  Application for activities related to the construction of a commercial building.

Commissioner Pieragostini read the public notice.

John Zyrlis from TPA Design Group (85 Willow Street, New Haven) representing the applicant, Brause Realty, reviewed the application.  The application includes the renovation of a vacant shopping center (Eton Center) that includes renovating the existing building; the construction of a new 3,200 sq ft building; renovations of the parking lot; landscaping; and a new access driveway connecting to an adjacent property.  The site totals 7.07 acres with a proposed addition of .69 acres from a vacant parcel along Church Hill Road.  The property currently includes 65.49% impervious area.  The proposed renovations will reduce the amount to 60.76%.  Two wetland areas on the east side of the property are separated by a man-made berm.  Existing catch basins do not function well and currently discharge sheet flow into the wetlands.  Current run-off calculations are 22.98 CFS.  Proposed run-off would be17.13 CFS.  Drainage plans were distributed.

The application includes the creation of a connecting road through one of the wetlands (as required by the Borough of Newtown), which would require the filling of 3,100 sq. ft. of wetlands.  Along the same wetland area, approximately five feet of pavement will be pulled away from the wetlands to create a buffer.  

The new parking lot will include landscaped islands, swales, catch basins and underground detention systems.  The landscaping will be in conformance with borough requirements and plants will be season and salt tolerant.  All roof drainage will flow into underground detention systems.  

Commissioner Pieragostini asked where the current run-off is being collected.  Mr. Zyrlis stated there are only four catch basins in the parking lot which discharge directly into the wetlands.  Commissioner Salling asked for more information on infiltration.  Mr. Zyrlis described the landscaped islands, swales and catch basins.  All pipes connecting throughout the site will be perforated.

Commissioner Kotch asked if swales are connected by piping and if the catch basins will provide any trapping of oils.  Mr. Zyrlis stated the swales are connected by pipes.  Mr. Sibley noted that this application provides more of an infiltration system, rather than a water treatment system but asked if the swale along the west side of the site has a connecting pipe.  Mr. Zyrlis confirmed there is no connection pipe from that area.  Commissioner Curran asked about the additional area being pulled away from the wetlands.  Mr. Zyrlis noted that a forebay swale (depression) will be constructed in that area.  

Commissioner Peters asked about the current functionality of the wetlands and the connection between the wetlands area that is being divided by the proposed driveway.  Mr. Zyrlis noted the wetlands quality is poor (per soil scientist’s report).  The intent is for the proposed application to help rejuvenate the wetlands.  Three 12” pipes will be installed under the connecting driveway to help free flow between the two areas.  Commissioner Salling stated concerns over the current state of the wetlands and appreciates the improvement plans.  She asked if there were any thought to speeding up the process of returning the wetlands to a higher functionality.  Mr. Zyrlis stated that excavation and cleaning out would be time and cost prohibitive.  

Mr. Sibley stated that the commissioners expressed interest on mitigation plantings along the crossing and asked for no disturbance of the existing mature plants.  Mr. Zyrlis stated they can include wetlands plantings on both sides and will not disturb existing plants.  Commissioner Curran asked if the applicant would consider off-site mitigation.  Mr. Zyrlis feels that the current plan is mitigation in itself.  Commissioner Salling asked about the width of the access driveway.  Mr. Zyrlis stated it will be a two-lane, but will be made as narrow as possible.  Commissioner Peter asked if there will be curbing on the access driveway.  Mr. Zyrlis stated “no”.  Commissioner Kotch asked if the access driveway will be standard construction and if the three pipes underneath would be adequate.  Mr. Zyrlis stated it will not be impervious pavement and that the pipes will be sufficient.

Commissioner Peters asked for questions from the public.  Tom Johnson, owner of property at 32 Church Hill Road, discussed past septic and drainage problems from this site.  During major storms there are two areas with run-off issues onto his property.  He asked if the two areas will be addressed with plans for drainage.  Another concern is where the connecting driveway is planned, there is a severe drop-off near the area.  Will this affect his property.  Commissioner Peters and Mr. Sibley stated that this question should be brought up with Planning & Zoning.  

Mr. Johnson asked if the level of the property near the berm will be changed and if the existing White Swamp Oak (that is over 100 years old) would be preserved.  He also asked about an existing drain pipe and if the applicant will tap into it.  Mr. Zyrlis responded that the tree will be preserved.  Drainage swales will reduce the current amount of run-off and they will not tap into the existing drainage pipe.

The hearing will be continued.

Pending Application

#07-29  Claris Construction, Inc.  Enterprise Drive, Monroe.  Application for activities related to the construction of a parking lot and septic system.

Bill Carboni provided an overview of the application.  Jody Chase, from Essex, CT, stated she is familiar with this project and its wetlands area.  She reviewed a wetlands assessment report with the commissioners.  Her findings have determined that the project will have no direct impact on the wetlands

Mr. Sibley asked for information about the conservation easement.  Mr. Carboni stated the easement is west of the stone wall and may be used for walking trails and picnic areas.  

#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.  Mr. Sibley stated that since the application is related to a current violation, Mr. Sibley recommends an elevation and define levels to the violation.  The applicant has until December 12, 2007 before there is an action.

#07-37  Sunrooms of Connecticut, 3 Paugussett Road.  Application for activities related to the construction of a single-family residence addition.

Bernie Gruszkiewicz, from Sunrooms of Connecticut, was present and reviewed the plans for replacing current wooden posts if a deck with metal posts to hold up a sunroom.  The applicant will stake out the wetlands area and the commissioners will visit the site.  Mr. Sibley suggests the applicant hire a soil scientist to provide a legal delineation of the wetlands area and to determine if the site was previously filled in.  

#07-38  Andrew Wiggin, 84 South Main Street.  Application for activities related to the construction of a commercial building and associated activities.

Larry Edwards, Professional Engineer, Stepney Road, Easton, reviewed the application of a new building on a site with an existing home and four car garage.  All three buildings will all be used by the applicant.  Mr. Edwards returned with alternative plans, as discussed with George Benson.  Water drainage and landscaping was discussed.  A fire lane will be installed with pervious pavers.  A majority of the property will be kept unchanged and will be used for light recreation for employees (hiking trails, picnic areas, etc.).  A split rail fence and plantings will delineate the wetlands area from the buildings and parking lots.  The four car garage will be used as an artist’s studio.  

Ms. Cynthia Rabinowitz, Professional Soil Scientist, provided an overview of the site.  Mr. Sibley asked if the entire site has been surveyed for wetlands.  Answer “yes”.  Mr. Sibley asked if the proposed site would support or improve current wetlands functionality.  Also, if further development were to occur, how would it impact the wetlands.  It was confirmed that there are no wetlands on the area proposed for development and that there are no plans to further develop other areas of the property.  Ms. Rabinowitz stated there would be no impact on the current wetlands.  Mr. Sibley stated concerns about water drainage being discharged into the state storm water system because of its direct discharge into Deep Brook.  The applicant will return with additional information on this.  

Commissioner Kotch asked for the percentage of the property (east of the wetlands) that would be developed, what percentage of the property (which is currently pervious surface) will be impervious; and instead of diverting the water into the State system, can the whole property be converted into impervious surface.  Mr. Edwards stated that the total impervious area would be about a half of acre with the entire building area being two acres.  A pervious parking area would become a maintenance issue.  

Landscaping, swales and rain gardens were discussed to help the property handle water run-off.  It was determined that diverting water into the wetlands area would be more beneficial than using the state water systems.  

Minutes

October 10, 2007 – Commissioner Salling motioned to approved minutes.  Seconded by Commissioner Curran.  Minutes approved with changes.  

October 24, 2007 – Commissioner Kotch motioned to approved minutes.  Seconded by Commissioner Pieragostini.  Minutes approved with changes.

Other Business

New Application – Forest Practices, Andrew Wiggins, 84 South Main Street.

Commissioner Kotch motioned to adjourn the meeting at 9:50 p.m.  

Seconded by Commissioner Pieragostini.  Motion carried.