Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
February 13, 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 7:42 p.m.
Violations
Mr. Sibley stated there were no items to discuss regarding violations.
Pending Applications
#07-42 Joyce Skowronski, 46 Housatonic Drive. Application for activities related to the construction of a garage.
The item was tabled.
#07-45 David Clark, 50 Great Quarter Rd. Application for activities related to a 3-lot subdivision.
Commissioner Kotch motioned to approve with standard conditions A, B, C, D, E, and
1. The approved plans for the development are: Site Plan “Ivy Brook Camp, Layout Plan” 50 Great Quarter Road, Newtown, CT, Dated Revised January 23, 2008 and supporting materials.
2. The commission requests and endorses applicants’ attempt to achieve a variance for the use of the existing driveways to avoid site disturbance for lots 1 & 2. The commission sanctions this alternative due to the reduction of possible erosion and degradation of storm water quality entering Newtown’s wetlands and watercourses. If the variance is granted, the approved plan will be: “Ivy Brook Camp, Alternative Layout Plan” 50 Great Quarter Road, Newtown, CT, Dated Revised February 2008 and supporting materials.
Seconded by Commissioner Curran. Motion carried unanimously.
#08-01 Porco Construction, 1 Sugar Loaf Road. Application for the construction of a driveway and garage.
Richard Contois L.S., from L. Edwards Associates, LLC, 227 Stepney Road in Easton, CT returned with updated plans as requested by the commission. The plans include shortening the proposed drainage pipe from 116 to 75 feet and restoring the swale by lining it with riprap to raise the elevation and dissipate the energy of the water. Mr. Contois discussed the drainage that comes off the road and the installation of a manhole with a four foot sump to catch sediments.
Commissioner Peters asked if the applicant considered the removal of invasive species from the wetlands area. Mr. Contois stated it could be dealt with. Mr. Sibley stated he did not notice many and that the work to be completed will take care most of it. He also stated that this plan was endorsed by the Town Engineer.
Commissioner Peters stated that although there will be a loss of part of the stream, the quality will be better and an added protection of the wetlands down grade.
Commissioner Salling asked about the septic system. Mr. Contois stated that the existing septic system is old and they want to update it during this construction.
Mr. Porco confirmed that the existing driveway will be abandoned. The asphalt will be removed on the upper portion, the entranced will be eliminated and about 80% of the asphalt on the lower portion will remain for storage. The curb cut along the road will be eliminated.
Commissioner Pieragostini motioned to approve with standard conditions A, B, C, D, E, and:
1. The approved plans for the development are: Site Plan “Proposed Site Plan, 1 Sugar Loaf Road, Newtown, CT, Dated Revised February 5, 2008 and supporting materials.
Seconded by Commissioner Kotch. Motion carried unanimously.
#08-02 William Piccirillo, 5 Sugar Loaf Road. Application for activities within a regulated area.
This item tabled
#08-03 WF Brothers, LLC, 36 Oak Ridge Drive. Application for activities within a regulated area.
Wes Stout, Licensed Landscape Architect/Certified Planner was present to represent the applicant and introduced Mr. Matthew Popp, Certified Wetland Soil Scientist, who discussed the bio filter and changes made to the plans.
Commissioner Peters questioned whether existing mature and healthy Mountain Laurel and trees that are in an area slated for removal could be saved. The applicant will work with Mr. Sibley on this.
Commissioner Curran motioned to approve application with standard conditions A, B, C, D, E, L, and
1. The approved plans for the development are: “Biofilter Plan Lot 4” Oak Ridge Drive Newtown, CT, Dated January 31, 2008 and supporting materials.
2. The permit is valid for 2 years. During this term the applicant will address the creation and future orientation of the “Fire Pond” and resolve them to the satisfaction of the commission. The applicant will work with Mr. Sibley to adjust the plans so that the Mountain Laurel and mature trees could be saved.
Seconded by Commissioner Kotch. Motion carried unanimously.
#08-04 Hattertown LLC, 22 Hattertown Road. Application for activities within a regulated area.
Commissioner Kotch made a motion to set a Public Hearing on March 12, 2008. Seconded by Commissioner Pieragostini. Motion carried unanimously.
08-05 Dana Nuzzo, 4 Dug Hill Road. Application for activities within a regulated area.
Mr. and Mrs. Nuzzo from 4 Dug Hill Road were present to discuss their application to mitigate a violation. Mr. Nuzzo asked if the commission could waive or reduce the violation fees. Mrs. Nuzzo discussed the work that was done on their property.
Commissioner Peters stated the commission will need to review the applicant before considering a waiver of the fee. The commissioners will review the site sketch and those who have not visited the site can do so. This will be reviewed at the next meeting. Commissioner Peters stated that this was not the first time the applicant has done work in a regulated area without a permit. Mr. Nuzzo explained the first instance regarding the building of their pool house.
PUBLIC HEARING
#07-43 Iroquois Gas Transmission. Application for activities related to the construction of a gas line.
Commissioner Peters recused herself as Chairperson. Commissioner Salling took over as chair of this hearing. Commissioner Pieragostini read the legal notice.
Attorney Robert Hall, 43 Main Street, Newtown, CT, representing the applicant, submitted the affidavit of notices to neighboring properties. He introduced members of Iroquois Gas Transmissions and consultants from EMSR Consulting company from Warren, MA: Brian Wolfe, Manager of Engineering Services; Tim Barnes, Manager of Environment Health & Safety; John Zimmer, Project Manager; Mr. Zimmer’s Assistant, Chris Newhall; Spencer Robinson, Right of Way Agent; Ruth Parkins, Manager of Public Affairs; and Helen Fitzpatrick, Attorney on behalf of Iroquois Gas.
Atty. Hall noted that the Federal Energy Regulatory Commission (FERC) is the licensing body for interstate gas pipelines that require companies such as Iroquois Gas Transmission to cooperate with state and local authorities. He provided a brief overview of Iroquois’ plan to install a 1.6 mile loop of pipeline to run parallel with an existing pipeline.
Brian Wolfe, Manager of Engineering Services of Iroquois explained, in detail, the construction process of the additional pipeline and discussed the use of temporary workspaces, erosion controls, access points and the required easement. The timeline for the Newtown section would take approximately 2½ months.
Tim Barnes, Manager of Environmental Health & Safety, explained the clearing of trees in the temporary easement and plans to allow the area to restore naturally to woodlands. John Zimmer provided environmental reports and Chris Newhall provided the wetlands delineation. The permanent easement will increase from 50 to 70 feet, with the removal of some mature trees.
Topsoil will be stripped off within the wetlands and set aside prior to construction. Wooden mats will then be installed to protect the ground from construction vehicles. When construction is finished, the topsoil will be put back in place so plants can grow back naturally.
Atty. Hall discussed FERC’s wetlands regulations and criteria and that FERC sometimes require a third party investigator to review the impact on the wetlands.
Commissioner Kotch asked about affects that groundwater would have on the pipes. Mr. Barnes explained procedures that assure the pipes sink to a correct depth. Commissioner Kotch asked how the pipeline loop increases the volume of gas. Mr. Barnes explained the engineering aspects of the pipeline.
Commissioner Salling asked about the mitigation of the wetlands and if allowing wetlands to replenish on its own has historically succeeded. She also asked if the concrete coating on the pipes would affect the wetlands. The applicant stated that because of the most soil, wetland plants come back quickly. Also, the pipes are made of steel and treated with an epoxy. The additional concrete coating is used only for pipes that will be submerged in wet areas.
Mr. Sibley asked the applicant to discuss property ownership vs. easements, which could effect mitigation of the wetlands. He asked for the number of streams that will be crossed and if they are intermittent or perennial. And, what is the square footage of the disturbed wetlands and if the applicant can provide the commission with topographical maps showing areas of disturbance. John Zimmer stated that there are eight wetlands and three streams to be crossed. Two streams are perennial and one is intermittent. There will be a total of 1.34 permanent acreage of wetlands and forest to be impacted. The balance of impact is .89 acres of temporary impact associated with the temporary workspaces, which will be restored naturally.
Mr. Sibley asked if the FERC restoration plan can be added or amended to. Mr. Zimmer stated they would have to talk with FERC. Mr. Sibley asked if the applicant has a boiler plate restoration plan the commission could see. Mr. Zimmer stated they don’t, but feel the wetlands will restore naturally. He added that vegetation will be cut off at ground level, timber mats will be placed over the cut vegetation and when removed, the original seed banks will regenerate. Mr. Sibley stated that invasive plants were introduced during the first disturbance when the pipeline was initially put in. He also asked if a functionality report has been done for each of these wetlands. Mr. Zimmer discussed the difficulties in controlling invasive species, but they are willing to work with the
commission to assure good results. Mr. Sibley stated that the area was a virgin forest up until the pipeline was first installed. The only invasive plants there were brought in by the original pipeline. The applicant stated that they don’t anticipate any changes in the wetlands functionality. Mr. Sibley asked if the commission could have a copy of the reports.
Mr. Sibley asked if there were any federally recognized threatened species in this area. The applicant stated there were no threatened species identified with the U.S. Fish and Wildlife. The Eastern Box Turtle was identified on the state level. They will assure their protection of during construction with workers being trained on how to handle the turtles if found in the workspace.
Mr. Sibley asked about the construction timeline. The applicant plans to mobilize the site by June 1st. The pipeline must be in service by November 1st.
The public was asked to speak.
Susan Chenko from Canterbury Lane discussed concerns about the removal of mature trees. Corrine Coffey asked if the colored markers delineating the wetlands could be identified. Mr. Sibley stated the commission should request a sheet from the applicant explaining the markers. Don Schoch asked how deep the pipe is laid when crossing a stream, what is the approval process with the Army Corp of Engineers and does the applicant need to purchase credits. Mr. Zimmer stated there is about 3 foot of cover over the pipe, but it may go as deep as 5 feet over a high velocity stream. They submitted an application with the Army Corp of Engineers – there is a joint review process with three different Army Corp Districts. As far as the purchase of credits, Mr. Zimmer stated he believes that
Connecticut does not have a mitigation bank. He spoke about a mitigation plan with the Army Corp. of Engineers.
Commissioner Curran asked about the 1.34 of permanently impacted wetlands. Mr. Zimmer stated it is forested wetlands that will be a scrub shrub system or emerging wetland system. Commissioner Curran asked if they plan to mitigate in Connecticut. Mr. Zimmer stated they would mitigate based on the Army Corp. of Engineers instructions, preferably within the same water shed area. She asked if there would be information passed onto this commission. Ellen Fitzpatrick stated they could provide input to the commission.
Other Business
Minutes - January 23, 2008 –Commission Salling motioned to approve the minutes with changes. Seconded by Commissioner Kotch. Motion carried unanimously.
Acceptance of New Applications.
#08-06 North Point Construction, LLC, 38 Taunton Hill Road
#08-07 William F. Renz, 48 The Old 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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