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IW minutes 12/12/07
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Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
December 12, 2007, 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut

Present:  Peters, Kotch, Pieragostini, Salling, Curran and Clancy
Staff Present:  Robert Sibley, Conservation Official; Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:32 p.m.

Ms. Ann Astarita, the new Inland Wetlands Enforcement Officer, joined the meeting.

Violations

#03-54   Hanover Heights, Hanover Road.  Show cause hearing for a subdivision violation.

Upon visiting the site, Mr. Sibley and Ms. Astarita noted erosion and sediment control issues.  Weekly reports have not been sent in from the Engineer.  A letter was sent to the applicant on December 6, 2007 regarding the violation with an order to return to answer questions and that a revocation of the permit will be recommended.  The letter was attempted to be delivered several times.  Mr. Sibley called Atty. Bob Hall, Counsel for Mastroni, who stated that Mr. Mastroni was out of town.  Mr. Sibley recommends the Commission to table the item until January 9, 2008.  A second notice will be sent to Mr. Mastroni.  A fax copy of the violation was sent to Atty. Bob Hall.  Mr. Sibley will record the violation on the Town Clerk’s land records.  

Commissioner Curran motioned to table this item to January 9, 2008.  Mr. Bob Mastroni spoke up from the audience and stated he had just heard about the letter.  He submitted a check for the $500 fine and agreed it beneficial that it be tabled until January 9, 2008.

The motion was seconded by Commissioner Kotch.  Motion carried unanimously.

Public Hearing

#07-35   TPA Design Group, 5 Queen Street.  Application for activities related to the construction of a parking lot and driveway.

John Zyrlis from TPA Design Group (85 Willow Street, New Haven) representing the applicant, Brause Realty, returned with information required by the Commission.  Drawings of additional plantings along the access road were distributed, as well as information on mitigation plans to remove invasive species within the wetlands area.  They will work with a certified landscape architect.  

Commissioner Pieragostini motioned to close the hearing.  Commissioner Kotch seconded the motion.  Motion carried unanimously.

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 was not in attendance.  Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, D, E, G, H, L, and:

1.      The approved plans for the development are: Lot 24, Pepper Street Business Park, Monroe, Connecticut, Dated July 16, 2007 Revised September 24, 2007
2.      The applicant has agreed to place a conservation easement in Newtown, to the west of the stone wall along the proposed activity.

Seconded by Commissioner Kotch.  Motion carried unanimously.

#07-33   William Piccirillo, Jr., 5 Sugar Loaf Road.  Application for activities within a regulated area and the removal of a violation.

Mr. Piccirillo has not shown up for any meeting.  This was the last meeting for him to present.  The site originally had a violation placed on it because of the conservation easement that was placed on the regulated wetlands on the property.  Mr. Sibley projected the image of the parcel from the GIS system.  The backyard was not approved for any disturbance.  Removal of trees and vegetation, as well as trenching, was observed within the wetlands area.  Mr. Sibley recommended that the Commission move to try to get him in for another attempt to remove the violation.  The violation continues.  

Commissioner Pieragostini motioned to deny this application without prejudice based on:

1.      An incomplete application.  Specifically, that the applicant has not provided the information requested on the application form.  The applicant is still responsible to receive a wetlands permit.

Seconded by Commissioner Kotch.  Discussion – Commissioner Peters added that if there is no progress shown soon that it be referred towards serious enforcement and talking with Town counsel.  Motion carried unanimously.

It was confirmed that there was no fine currently on this violation.  Commissioner Kotch asked that this violation be placed on the next agenda.  

#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, representing the applicant, stated that a soil test was faxed to Mr. Sibley.  Hard copies were distributed.  The area was also flagged for inspection.  The commissioners have visited the site.  The application meets the requirements.

Commissioner Kotch motioned to approve the application with standard conditions A, B and C.  Seconded by Commissioner Salling.  Motion carried unanimously.

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

Larry Edwards, Professional Engineer, 227 Stepney Road, Easton, CT, reviewed a redesign of the storm drainage where a majority of water run-off was previously to be discharged to the state storm drain system.  The new design captures most of the run-off where it is moved through a series of water quality structures and then discharged into the wetlands at the rear of the property.

Commissioner Kotch asked several questions.  His first question asked where the roof drainage from the three buildings will flow.  Mr. Edwards explained that a majority of the water run-off will drain into the water quality basin.   The second question was in regards to maintenance of the underground detention system.  Mr. Edwards stated that there will be a detailed maintenance plan incorporated into the plan.  The third question Commissioner Kotch asked about the use of pervious pavers.  Mr. Edwards stated that there are experimental projects in New England using pervious asphalt pavement.  Unfortunately, there are no suppliers within Connecticut that currently provide this material. Instead, they have increased the size of the grass paver area.  Grass pavers will also be used as a transition area in front of the main entrance.  

Commissioner Kotch asked for details of the swales. Ms. Cynthia Rabinowitz, Conn Soil, distributed a letter discussing plantings for the rain garden and two water quality swales.  Draining issues were also addressed.  

Mr. Edwards asked the commission if they had any further questions regarding the renovation of the barn (a.k.a. four car garage).  No additional discussion.  Commissioner Peters asked that Mr. Sibley and Ms. Astarita carefully inspect the property carefully during the construction process so the workers are sensitive to the 14 foot boundary.  Mr. Edwards will install a construction fence along the area as a barrier.  

Commissioner Kotch asked if there were any thoughts of a conservation easement in the wetlands area.  Mr. Edwards stated there is interest, from an adjoining property owner, to purchase part of the rear portion of the property.  They are amenable to provide a conservation easement from the edge of the wetlands up to a certain point.  Mr. Sibley will work with Mr. Edwards on the conservation easement.

Commissioner Salling motioned to approved this application with standard conditions A, B, C, D, E, and:

1.      The approved plans for the development are: Site Development Plan, 84 South Main Street, Newtown, Ct dated 10/1/2007 revised 11/20/2007.

Commissioner Pieragostini seconded.  Motion carried unanimously.  

#07-39   United Water CT, 266-268 South Main Street.  Installation of water mains at Plaza South

Donald Schneider, representing United Water, presented a map and explained plans to install water mains for Plaza South.  He also answered questions by the Commissioners.

Commissioner Pieragostini motioned to approve application with standard conditions A, B, C, D, E and F.  Commissioner Salling Seconded.  Motion carried unanimously.

#07-40   Noranda Metals Industries, 11 Prospect Drive & 40/50 Mile Hill Rd South.  Groundwater remediation activities at former Noranda Forge Fin Site.

This is the first presentation by the applicant.  Lucas Hellerich, Ph.D., P.E., Project Manager, Metcalf & Eddy, 860 North Main Street Extension, Wallingford, CT, representing the applicant, presented plans and answered questions.  Chris Shores, Engineer, was also in attendance.  

Mr. Hellerich provided a history of the site where the contamination was discovered in the late 1980’s.  Since then, DEP has been supervising environmental efforts at the site.
There is both soil and ground remediation proposed for this site, however, this application is focused only on the groundwater remediation aspects.  He discussed previous permits and multiple layers of review on the project.

#07-41   Edward Moyle, 18 Osborne Hill Road.  Application for activities related to a subdivision.

Camille DeGalan, representing the applicant, introduced Marc Lancer with Dymar.  Mr. Lancer provided an overview of the application.  

Commissioner Curran motioned to approved the application with standard conditions A, B, C, D, E, and;

1.      The approved plans for the development are: Master Development and Supplemental Map, 18 Osborn Hill Road, Sandy Hook, CT Dated 11/14/07, Revised 12/12/07.

Commissioner Salling seconded.  Motion carried unanimously.

Forest Practices

FP #07-02        Andrew Wiggin, 84 South Main Street.  Application for the removal of trees.

Commissioner Salling motioned to approve 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 Forest Practices Agent 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 Zoning Commission for the building of the 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 re-planting of trees.  This planting will be approved and monitored by the Forest Practices Agent for 3 years after installation.

Seconded by Commissioner Kotch.  Motion carried unanimously.

Minutes

November 14, 2007 – Commissioner Salling motioned to approved minutes of 11/14/07.  Seconded by Commissioner Curran.  Motion carried unanimously.

Other Business

·       Inland Wetland Fee Schedule – Annual Review.  Mr. Sibley reviewed the updated fee schedule.  He will e-mail the revised version to the commission.
·       Letter concerning IW #01-57 – Mike Porco.  Mr. Sibley read into the record a letter received on August 11, 2007 regarding a parking lot and large building.  Mr. Sibley will respond with a letter to Mr. Porco stating that more information is required.  The license has expired and an extension has not been requested.
·       Monroe referral – 908 Main Street.  Application for Commissioners Review.  
·       Acceptance of New Applications.
#07-42   Joyce Skowronski, 26 Housatonic Drive.
#07-43   Iroquois Gas Transmissions (linear project).
#07-44   Holmes Fine Gardens, LLC, 10 Great Hill Road.
#07-45   David W. Clark, 50 Great Quarter Road.

Mr. Sibley provided the Commissioners with a review of the GIS system using laptop via overhead projector.  

Commissioner Salling motioned to adjourn the meeting at 10:25 p.m.  Seconded by Commissioner Kotch.  Motion carried unanimously.