Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
January 9, 2008, 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Kotch, Pieragostini, Salling, Curran, Gillingham and Clancy
Staff Present: Robert Sibley, Deputy Director; Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:32 p.m.
Election of Officers
Commissioner Kotch moved to nominate Anne Peters as Chair, Sharon Salling as Co-Chair, and Katja Pieragostini as Secretary. Seconded by Commissioner Clancy. Motion carried unanimously.
Appointment of Agents
Commissioner Peters moved to reappoint Rob Sibley as Conservation Official. Ann Astarita’s appointment is conditioned upon her completion of the mandated DEP training program. Seconded by Commissioner Kotch. Motion carried unanimously.
Inland Wetlands Violations
#03-54 Hanover Heights, Hanover Road. Show cause hearing for a subdivision violation.
Alan Shepherd, P. E. from Nowakowski, O’Bymachow & Kane, Shelton CT, representing the applicant, discussed plans to resolve the erosion and sediment control issues. Some of the controls have been put in place and remaining issues will be completed within a week. It was noted that the original weekly reports were missing. Mr. Sibley stated that, based on the information received from the contractor, the developer, and the engineer, he recommends the commission remove the violation. Commissioner Pieragostini motioned to remove the violation. Commissioner Salling seconded the motion. The motion was carried unanimously.
Pending Applications
#07-35 TPA Design Group, 5 Queen Street. Application for activities related to the construction of a commercial building.
Commissioner Curran motioned to approve the application with standard conditions A, B, C, D, E, L, and:
1. The approved plans for the development are: Site Plan “Eton Center Renovations, Site Layout Plan” Church Hill and Queen Street Newtown, CT, Dated Revised September 10, 2007 and supporting materials
And;
“Eton Center Renovations, Landscape Plan” Church Hill and Queen Street Newtown, CT, Dated Revised November 11, 2007
2. The applicant will install permanent storm water drain markers approved by the Wetlands Agent.
3. The applicant will create an invasive plant eradication program document to mitigate invasive plants within the wetlands on the site. These plants, the time frame, and the method of removal of invasive plants will be approved by the Wetlands Agent. This program document will be completed prior to the issuance of a Certificate of Occupancy.
Seconded by Commissioner Salling. Motion approved unanimously.
#07-40 Noranda Metals Industries, 11 Prospect Drive & 40/50 Mile Hill Rd South. Groundwater remediation activities at former Noranda Forge Fin Site.
Lucas Hellerich, Ph.D., P.E., Project Manager with Metcalf & Eddy, 860 North Main Street Ext., Wallingford, CT, representing the applicant, distributed plans and reviewed Addendum #2 which details remediation plans in chronological order.
Commissioner Salling asked for information about the use of above-ground pipes, as well as those flush to the ground. Mr. Hellerich stated they would use above ground pipes where there are no restrictions. She also asked about the security and monitoring of the site. Mr. Hellerich stated the police were asked to inspect the site on a weekly basis. There have been trespassers, including skateboarders, ATV traffic and people playing paintball. The applicant discussed demolishing the concrete slab, alarming the storage containers, and fencing in the areas of the injection wells. They plan to have security on the site when staff is not present. Commissioner Salling asked for confirmation that materials used for injections are non-toxic. Mr. Hellerich said the
injections are not toxic.
Commissioner Curran asked for clarification of the term “continued remediation”. Mr. Hellerich explained that the initial injection of substrate for the bacteria has a lifespan of four to five years and that ground water data will be collected throughout this period. If, after that time, there is not complete ground water remediation, they will return and re-inject the existing wells. The process will continue until the soil is free of contaminants. If new wells are needed in the future, the applicant will return to the commission.
Commissioner Clancy asked if the current contamination has had any negative effect on the vegetation in the area. Mr. Hellerich said he did not know, but studies have shown that plants can absorb the contamination and be discharged into the atmosphere.
Commissioner Peters asked for further information on the soil stock pile plans. Mr. Hellerich said the soil will be temporarily stockpiled in areas. The piles will be lined and covered with a thick plastic. The plastic will be secured with sandbags. Silt fencing and hay bales will be added controls. Although drilling may take between four to six months, they will attempt to compress the schedule.
Other options for handling the soils were discussed, i.e., using a secure shed or container, using drums to store the material, and minimizing the amount of time the soil is stockpiled.
Commissioner Pieragostini asked if the applicant would monitor the stockpile areas after the material is removed. Mr. Hellerich answered yes.
Commissioner Peters stated they needed a more detailed plan on the stock pile issue.
Commissioner Curran asked if the stockpile is dangerous to those exposed to the soil. Mr. Hellerich said that unless it is ingested, it is not dangerous.
Commissioner Peters asked how the temporary road in the Southeastern portion of the site will be constructed. Mr. Hellerich discussed several options, with the preference of using temporary wooden mats that could be removed once the project is complete. He will explore alternative roadway systems and provide a detailed plan on soil stock pile and soil handling at the site.
#07-42 Joyce Skowronski, 46 Housatonic Drive. Application for activities related to the construction of a garage.
The applicant, Joyce Skowronski, provided an overview of their application for a two-car garage and associated activities. Commissioner Peters confirmed that the commission’s concerns relate to soil disturbance, infiltration, rain water and erosion into the lake. Mr. Sibley explained to the applicant that there is not enough information for the commission to review this application. The applicant must return with additional information, including erosion and sediment control plans and an engineering report.
#07-43 Iroquois Gas Transmission. Application for activities related to the construction of a garage.
Commissioner Peters recused herself from this application. The gavel was turned over to Commissioner Salling. This application will be set for public hearing. Commissioner Pieragostini motioned to set a Public Hearing for February 13, 2008. Commissioner Kotch seconded. Motion carried unanimously.
#07-44 Holmes Fine Gardens, 10 Great Hill Rd. Application for activities related to the remediation of a stream.
Dan Holmes, Landscape Designer and representing the applicants, discussed plans to mitigate the disturbance and violation of the removal of vegetation and large trees. The applicant’s plans include the planting of 16 trees (1” to 3” caliber) and various shrubs. Also, in order to help with run-off from storm drains leading towards the stream, the applicant proposes cutting back existing pipes and creating a biofiltration area. To fix stream bank erosion, they want to grade about 50 to 60 linear feet of the stream bank and seed it properly with native species. A plant list was submitted.
Sarah Middeleer discussed the client’s intentions to preserve the natural conditions. Plant lists were also outlined.
Mr. Holmes asked for the removal of the violation. The violation originally referred to the removal of the vegetation and the installation of the bridge without a permit. Mr. Holmes also discussed the applicants desire to remove an existing patio and replace it with a new stone patio.
The commission asked that the applicant return with more detailed information on the bank restoration and rain gardens.
#07-45 David Clark, 50 Great Quarter Rd. Application for activities related to a 3-lot subdivision.
Tim Burke from Spath Bjorkland, 593 Main Street, Monroe, presented an application which includes a three lot split of a 10.2 acres piece of family-owned property. Lots 1 and 2 have existing structures, which have access to Great Quarter Road by means of a common driveway. The plans presented show three separate driveways, one for each proposed lot. There are also plans to expand the floor area for the cottage on Lot 2. The expansion will be done within the existing footprint. E & S controls were discussed.
The construction of a driveway on Lot #2 is a Planning & Zoning requirement. Alternate plans were displayed that consisted of using the existing driveway to serve both structures. Although the alternate plans are preferred by the applicant, they do not comply with the existing Planning & Zoning regulations. Mr. Burke asked if the commission could approve the site plan, as submitted, with a stipulation that the alternative plans are recommended. The applicant would then go before the Zoning Board of Appeals.
Commissioner Peters stated that she prefers the alternate plans because the existing driveway is less steep than the two proposed new driveways. It would provide more opportunity for effective erosion control and water run-off toward the lake. Further discussions continued regarding sheet flow and rain gardens. Commissioner Salling stated the commission requires additional information to approve these plans.
Bill Carboni stated that the original plans for the two driveways should have no problems being approved because they meet all current zoning regulations and assured the commission that all proper controls would be set in place. He also feels that the alternate plans would be a better choice. Commissioner Peters stated that although the plans are standard and appropriate, the driveways are located on a steep slope right over a lake, which has raised her level of concern and feels it determines heightened scrutiny. Mr. Carboni provided additional details on the plans in regards to control issues.
Commissioner Clancy asked for additional information on the expansion of the house on Lot 2. There will be no expansion of the footprint since the current porches will be enclosed.
Mr. Sibley asked the applicant to return with a more detailed plan of the alternative driveway plans, and the rain gardens.
Aquifer Protection
APR #07-04 Newtown Board of Education, Berkshire Road. Application for activities within the regulated area.
Commissioner Pieragostini motioned to approve this application as to having found no significant impact. Commissioner Kotch seconded the motion. Motion carried unanimously.
Other Business
Extension #02-02 Porco Construction - Extension to existing IW permit for construction of a commercial property.
Mike Porco was present and reviewed the 2002 plans and current maps.
Commissioner Kotch motioned to approve the application with standard conditions A, E, K, and:
1. These conditions do not supersede the conditions of IW #02-02, but are in addition to them.
2. The approved plans for the development are: Site Plan Exhibit A “5-C Glen Rd Landscape Plan” , Dated July 8, 2002
And;
Site Plan: Exhibit B “5-C Glen Rd Landscape Plan”, Dated July 8, 2002
And;
Site Plan: “Misiti LLC” Glen Rd Newtown, CT, Dated Revised February 11, 2002
3. The permit is valid until February 14, 2012.
4. The applicant must install the storm water quality devices to approved plan specifications.
5. All features, structures, landscaping, and associated activities shown on approved plans must be completed prior to issuance of Certificate of Occupancy.
Motion seconded by Commissioner Pieragostini. Motion approved unanimously.
Minutes
December 12, 2007 –Commission Salling motioned to approve the minutes with changes. Seconded by Commissioner Kotch. Motion carried unanimously.
Acceptance of New Applications.
#08-01 Porco Construction, 1 Sugar Loaf Road.
#08-02 William Piccirillo, 5 Sugar Loaf Road.
#08-03 WF Brothers, LLC, 36 Oakwood Drive.
Commissioner Kotch motioned to adjourn the meeting. Seconded by Commissioner Salling. Motion carried unanimously.
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