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IW 2-27-08 Minutes


Inland Wetlands Commission   
APPROVED MINUTES
Regular Meeting
February 27, 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 7:32 p.m.

Violations

Mr. Sibley stated he is researching the dumping of pool water into storm drains by both pool companies and homeowners.  He will provide more information at a later date.

Pending Applications

#08-02   William Piccirillo, 5 Sugar Loaf Road.  Application for activities within a regulated area.

This application relates to the removal of a violation.  The applicant was not present.  Mr. Sibley noted that the applicant has not submitted planting plans as requested by the commission.  This is the second application, the first application lapsed.  Commissioner Peters stated she would like to pursue enforcement action.  If Mr. Piccirillo does not show at the next meeting, this application will be denied as incomplete.   

#08-04   Hattertown LLC, 22 Hattertown Road.  Application for activities within a regulated area.

Public Hearing is set for March 12, 2008

08-05   Dana Nuzzo, 4 Dug Hill Road.  Application for activities within a regulated area.  

This application relates to the removal of a violation.  Mr. Nuzzo was present to answer any questions from the commission.  

Commissioner Pieragostini motioned to approve the application with standard conditions A, B & C.  Seconded by Commissioner Clancy.  Motion carried unanimously.  

Mr. Nuzzo asked if the violation fee could be waived.  Commissioner Peters stated the fee will not be waived due to a prior violation #04-62.

#08-06   North Point Construction, LLC, 38 Taunton Hill Road. Application for activities within a regulated area.

This item was asked to be tabled by the applicant.

#08-07   William F. Renz, 48 The Old Road.  Application for activities within a regulated area.

This is the first presentation from the applicant relating to the removal of a violation.  Rick Debrizzi was present to represent the applicant and stated that the wetlands have been marked as requested by the commission.  Mr. Debrizzi also discussed capping a roof drain.  Mr. Sibley stated that to remove the violation, the applicant must clean up the debris and replant the wetlands area.  

Commissioner Kotch asked if a rain garden would help.  Mr. Sibley stated the water table is too close to the surface.  He will meet with Mr. Debrizi on the site to discuss what could be done.  

Commissioner Pieragostini noted that a number of trees were removed, which if left in place, would have helped absorb some of the water.   Mr. Sibley stated that red maple swamp trees drink up to 25 gallons of water a day, which would have helped in transition spots.

Continuation of Public Hearing

#07-43   Iroquois Gas Transmission.  Application for activities relating to the construction of a gas line.

Commissioner Peters recused herself as Chairperson and handed over the gavel to Commissioner Salling.  Commissioner Pieragostini read the legal notice.  

Attorney Robert Hall, 43 Main Street, Newtown, CT, representing the applicant, introduced other representatives for Iroquois;  Brian Wolfe, Manager of Engineering Services; Tim Barnes, Director of Environment Health & Safety; John Zimmer, Project Manager; Spencer Robinson, Right of Way Agent; Ruth Parkins, Manager of Public Affairs; and Helen Fitzgerald, Attorney for Iroquois Gas.  

Atty. Hall described three documents submitted to the commission earlier in the week.  The first document lists color codes for the stakes currently on the property.  The second document lists impact by code as used by the US Army Corp of Engineer.  And, the third document outlines each wetlands crossing in detail.  Commissioner Kotch asked for a summary of the reports.  Mr. Sibley also asked for a written statement stating there will be no adverse effects on the functionality of the wetlands or water courses.

Mr. Sibley asked if FERC’s replanting plan could be amended by the commission.  Also, would the applicant consider mitigation of the wetlands, considering prior to the installation of the original pipeline, the area was a virgin forest and there have been invasive plants introduced.  The commission is concerned that disturbing the wetlands again may propagate the already existing invasive species.  Commissioner Pieragostini noted there is an abundance of Phragmites in the area.

Mr. Barnes stated they would want to work with the commission and felt that FERC would be open to discussing mitigation plans.  He asked the Commission to provide information and suggestions.  Under FERC regulations, herbicides are not allowed, but they would be willing to replant seedlings or use a seed mix of the commission’s choice.  

Mr. Sibley asked if the applicant could provide plans for monitoring the area following the project’s completion and felt Iroquois should be held accountable for changes in the wetlands in perpetuity.  Mr. Barnes stated it may be difficult to determine if any future changes to the wetlands would be caused by their activities, but that they would be willing to work with the Commissioners on an ongoing basis.  He stated that Iroquois walks the pipeline annually and they will plan to inform and invite the Commissioners to attend the walk each year.  

Commissioner Pieragostini motioned to continue the public hearing.  Commissioner Kotch seconded.  Motion carried unanimously.  

There were no members of the public present.  

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.
#08-08   St. Rose/Knights of Columbus, 46 Church Hill Road
#08-09   Vona, Oak Ridge III, 46 Eden Hill Road

Commissioner Salling motioned to adjourn the meeting at 8:45 p.m.  Seconded by Commissioner Peters.  Motion carried unanimously.