Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
January 23, 2008, 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Kotch, Pieragostini, Curran, Gillingham and Clancy
Staff Present: Robert Sibley, Deputy Director; Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:30 p.m.
Pending Applications
#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, P.E., Metcalf & Eddy, 860 North Main Street Ext., Wallingford, CT discussed modifications to the application. The modification excludes the work on offsite property at 40/50 Mile Hill Road South, which will be revisited at a later date. The applicant asked that fees for this application be applied to the offsite work as well when the come in to reapply.
Mr. Hellerich discussed two outstanding issues raised by the commission, the protection of the access road and the maintenance/monitoring of the soil stock pile. The gravel access road will be overlaid with a wooded mat and will be removed upon completion of the work. During the drilling process, excess soil will be removed and temporarily placed in drums or sealed containers and then transferred to a stock pile location. The stock pile areas will be protected underneath with heavy plastic and covered with plastic held down with sandbags. Sedimentation controls will also be placed in the surrounding area. The stock pile will be inspected at the beginning and end of every day. Soil will be staged for up to 30 days and then removed offsite and disposed of at an approved
facility. The soil under the stock pile location will be sampled before work begins for a baseline and then after the work is complete to see if it left contamination.
Commissioner Pieragostini asked about the seasons they plan to work. Mr. Hellerich stated that on-site drilling will begin in June and should be completed within September or October. Off-site drilling should be completed in December.
Commission Kotch asked if there was a difference between the on-site and off-site work. Mr. Hellerich explained that the work is very similar except that the substrate being injected on-site does not travel with ground water and sticks to the surrounding soil.
Commissioner Peters asked if the current work includes the railroad right of way. Mr. Hellerich confirmed that it will be included in the next phase of work.
Commissioner Salling motioned to approved, noting the application has been modified with standard conditions A, B, C, L, and
1. The approved plans for the development are: Figure 4A “On-Site Groundwater Plume Area Remediation Plan” Noranda Forge Fin Site, Newtown, CT, Dated November 12, 2007.
Seconded by Commissioner Curran. Motion approved unanimously.
#07-42 Joyce Skowronski, 46 Housatonic Drive. Application for activities related to the construction of a garage.
The applicant was not present and had asked for this item to be tabled.
#07-43 Iroquois Gas Transmission. Application for activities related to the construction of a garage.
Public Hearing is set for February 13, 2008.
#07-44 Holmes Fine Gardens, 10 Great Hill Rd. Application for activities related to the remediation of a stream.
Sarah Middeleer provided an overview and distributed plans and photos of the stream bank restoration. Sedimentation control fencing will be installed prior to work and hand tools will be used to redistribute soil to feather the grade of the eroded bank. Course gravel and rocks, as well as plantings, will be added along the stream bank.
Commissioner Pieragostini motioned to approve with standard conditions A, B & C. Seconded by Commissioner Gillingham. Motion carried unanimously. Violation has been removed.
#07-45 David Clark, 50 Great Quarter Rd. Application for activities related to a 3-lot subdivision.
Bill Carboni provided an overview of the application and stated it warrants approval and complies with all Planning & Zoning regulations. An alternative plan, which is preferred by the applicant and the Inland Wetlands Commission, extends the existing gravel driveway and eliminates the need for two new paved driveways. But, in order for the applicant to go before the Zoning Board of Appeals, they need approval from Inland Wetlands for the original plan with an endorsement for the alternative plan. There are no wetlands on the site but the proposed activity is within 200 feet of Lake Zoar.
The proposed new driveways will need to be pitched to one side. A bio swale would be installed along the side and would include 6” high stone dikes that would reduce energy of the water run-off and allow percolation into the ground. The swale will lead to a rain garden. It was noted that the project would have minimal impact due to the distance from the lake and that there is mature vegetation between the proposed activity and the lake.
Commissioner Peters asked that if the alternative was approved, would the size, placement and plans for the rain gardens be approved by staff (Mr. Sibley). Mr. Carboni said yes. She also prefers that the existing driveway is predominantly gravel asked if the applicant would plan to keep it gravel or another permeable surface. Mr. Carboni stated he is sure the applicant would want to keep it gravel.
Commissioner Peters asked for confirmation that there will be no additional footings added to the house where square footage will be increased. Mr. Carboni said they are only enclosing the porch to bring up the total square footage as required by Planning & Zoning. There will be drilling for a well, but that all controls will be set in place.
Commissioner Curran asked why they couldn’t go to the Zoning Board of Appeals prior to this commission. Mr. Carboni stated that they needed Inland Wetlands to provide a recommendation of the alternative in order to show a hardship.
A decision will be made at the next meeting.
#08-01 Porco Construction, 1 Sugar Loaf Road. Application for the construction of a driveway and garage.
Mike Porco discussed plans to rectify a steep driveway entrance. The applicant is proposing a new garage and wants to change the driveway entrance to a location that would require crossing a watercourse. He requests to have an existing drainage pipe extended with the area filled to allow the driveway entrance. The watercourse leads to a wetland system.
Commissioner Peters noted that a neighbor curved their driveway around in front of the home. Mr. Porco answered that in order to do that they would have to raise the front yard and bring the driveway closer to the front door. He feels it would cause a potential hazard. Commissioner Peters reaffirmed that the commission’s charge is to protect and preserve wetlands and watercourses and applicants are asked to provide alternatives.
Mr. Porco stated that according to a wetland scientist, it is not a wetlands area but a manmade watercourse based on drainage. Commissioner Peters affirmed that the commission regulates manmade watercourses.
Commissioner Kotch asked about the length of the proposed pipe. Mr. Porco answered 110 feet. Commissioner Kotch noted that instead of filling in the watercourse they could install a culvert to cross the stream. Mr. Porco stated that the town engineer requested a manhole be replaced with a catch basin in the road because the water from the road is spilling off into the property. There is also an issue of the placement of a well.
Commissioner Pieragostini stated that there are other methods to treat the water run-off, such as rain gardens, etc. Mr. Sibley noted that the pipe not only handles storm water run-off, but also intercepts ground water from Toddy Hill Road. Mr. Porco said the wetlands scientist did not have enough time to research the area but stated he would have probably labeled it as a drainage ditch. Mr. Sibley stated that the soil scientist is placing his reputation on the line and that the applicant may want a second opinion. Commissioner Peters and Mr. Sibley noted that the commission relies on expert testimony and suggested that the soil scientist and engineer be present at the next meeting to discuss the plans.
Mr. Porco suggested an alternative in reducing the pipe’s length so it at least passes the area of the well. Mr. Sibley clarified that the Health District’s code regulates wells.
The commission is asking for alternative plans and additional information from the engineer and soil scientist. Commissioner Kotch also requests that the client provide mitigation plans to the damaged wetlands.
#08-02 William Piccirillo, 5 Sugar Loaf Road. Application for activities within a regulated area.
Mr. Piccirillo was present to discuss his application to rectify a violation of creating a lawn within a regulated area. Trees were cut down and an area bordering the wetlands was graded and seeded to create a lawn. Commissioner Kotch asked about current conditions on the property, if there is water run-off, etc. Mr. Piccirillo stated that he placed a catch basin and stone block around the driveway to stop water run-off. Mr. Sibley stated that the commission is looking for a mitigation plan, including the creation of a buffer along the edge of the wetlands. They would like to see a split rail fence along the wetlands border with the replanting of vegetation behind it. The applicant will return with plans.
#08-03 WF Brothers, LLC, 36 Oak Ridge Drive. Application for activities within a regulated area.
Tom Vetter, attorney for WF Brothers, discussed inconsistencies found on Lot #4 of the Oak Ridge III development. Matt Popp, Wetlands Soil Scientist, was present, as well as Wes Stout, Licensed Landscape Architect and Certified Planner.
Mr. Stout discussed the application and inconsistencies that were brought up by Mr. Sibley.
He discussed the drainage easement that follows a pipe off of Oak Ridge Road and down to a detention pond that was verified by the Dodgingtown Fire District as a registered fire pond.
Mr. Sibley stated three areas to be revisited and rectified; the fire pond, the biofilter (that appears different than what was on the original plans), and the difference in a finger of wetlands on the property line. The 1996 wetlands application did not show a pond on the property and some portion of the wetlands appears to have been filled in.
Matt Popp, Professional Wetlands Soil Scientist, described the wetlands in the upper area of wetlands on Lot #4. The difference between the two maps shows about 600 square feet of wetlands. They offered three suggestions: leaving it as is; create a wetlands area adjacent to the wetland finger in the upland area (which would disturb a high quality wooded area); or make the biofilter area 600 square feet larger. The bio filter currently discharges into a swale that is upgrade of the pond. The biofilter was supposed to be 1,200 square feet in size. It is recommended to be fixed. The applicant can install riprap above grade of the pond.
The applicant will return with plans.
Other Business
Minutes - January 9, 2008 –Commission Pieragostini motioned to approve the minutes with changes. Seconded by Commissioner Kotch. Motion carried unanimously.
Acceptance of New Applications.
#08-04 Hattertown LLC, 22 Hattertown Road
#08-05 Dana Nuzzo, 4 Dug Hill Road
Special Meeting: February 27th at 6:30 p.m.
Commissioner Salling motioned to adjourn the meeting at 9:50 p.m. Seconded by Commissioner Peters. Motion carried unanimously.
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