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IW 3-12-08 Minutes


Inland Wetlands Commission   
APPROVED MINUTES
Regular Meeting
March 12, 2008, 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut

Present:  Peters, Salling, Kotch, Pieragostini, 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.

Violations

Mr. Sibley stated there was nothing to report.

Pending Applications

#08-02   William Piccirillo, 5 Sugar Loaf Road.  Application for activities within a regulated area and the removal of a violation.

Applicant was not present.  Commissioner Gillingham motioned to deny this application.  Seconded by Commissioner Kotch.  Commissioner Salling amended the motion by adding that the denial is based on an incomplete application.  Seconded by Commissioner Pieragostini.  Violation is still open.  Both motions carried unanimously.  

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

Item tabled.

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

Item tabled.

#08-08   St. Rose/Knights of Columbus, 46 Church Hill Road.  Application for activities relating to the construction of a building.

Tim Onderko, P.E. from Langan Engineering, 555 Long Wharf Drive, New Haven, CT, representing the applicant, presented plans for a proposed 2,000 sq. ft. garage for the Knights of Columbus on the St. Rose property.  The garage area will be used to house event/carnival equipment and the second floor will be used as a meeting place for the Knights of Columbus.  Proper erosion controls will be set in place, including a tracking pad for equipment.  

Commissioner Peters asked about the angle of the proposed building and felt it would be better if it was placed farther away from the wetlands.  The proposed garage borders the wetlands, but needs to be placed angled against the wetlands in order to be parallel to the existing parking lot and they cannot decrease the amount of parking spaces.  Re-grading of the asphalt will be needed and minor utility connections will be made for the building.  A proposed 600 sq. ft. rain garden will be installed to handle run-off from the new garage and a second existing garage.  A planting plan was also submitted.  

Commissioner Kotch asked about the sheet run-off from the parking lot.  Mr. Onderko stated that the water will continue to drain off into a field behind the rectory.  

Commissioner Salling asked if the applicant would extend the split rail fence to delineate the wetlands.  Mr. Onderko said they will install the fence behind the garage, as well as around the rain garden to protect it from pedestrian traffic.  Commissioner Peters also asked if the applicant would clean up the debris in the wetlands.  They agreed to do so.  

Mr. Sibley noted that he likes the buffer they’ve set up and commend them on being good stewards of the wetlands.  He asked the applicant to return with updated plans detailing the additional fence.

#08-09   Vona, Oak Ridge III, 46 Eden Hill Road.  Application for activities relating to a subdivision.

Commissioner Pieragostini motioned to set a Public Hearing for April 23, 2008.  Seconded by Commissioner Kotch.  Motion carried unanimously.

Continuation of Public Hearing

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

Commissioner Pieragostini read the legal notice.

Atty. Ward Mazzucco, representing the applicant, submitted affidavits of mailing and introduced John McCoy from J.F.M. Engineering, Inc. in Ridgefield, CT.  He noted that there will be no activity in the wetlands review area.  He distributed copies of a relevant statute.

Mr. McCoy provided an overview of the 11+ acre site four-lot subdivision displaying maps.  He described a green leaf filter system that reduces the footprint and stated that conventional systems would create a larger disturbed area and may encroach into the review area.  He discussed the town draining system that dumps onto their property that is creating varying degrees of erosion.  They are seeking ways to correct this problem.  They are proposing a new drainage system to intercept two cross culverts and take water down to a new discharge point.  Erosion controls for the project was discussed as well.

Public Participation – Mr. Sibley stated there was a letter received from a Vincent Brunelli of 42 Hattertown Road.  Anyone wishing to read the letter can go to the Land Use Agency.

Commissioner Peters asked when they plan to stake the buildings and driveways.  Mr. McCoy stated they will complete the staking by the middle of next week.

Jim McManus, from JMM Wetlands Consulting Services, Newtown, CT, discussed his findings and distributed copies of his wetlands report.  He outlined discrepancies found in 16 flags.  He stated that dry wells will not work due to high water tables and suggested shallow underground infiltration systems.  He also noted on Lot A2 that the proposed driveway is planned on the steepest part of the site.  He suggests using gentler slopes to alleviate potential erosion issues.  

Commissioner Peters asked Mr. McManus to define the impact.  Mr. McManus stated that the application will likely impact the wetlands and feels there should be more details in how they plan to protect the wetlands during construction.  Mr. McCoy stated that they have sent the plans to the state for a third opinion and expect results before the next meeting.  

Commissioner Pieragostini asked for an explanation of the crib system/riprap area and if they have considered using pervious surface material for the driveways.  Mr. McCoy detailed the crib system and stated that pervious surfaces would not work well due to the steep slopes on the driveways.

Commissioner Kotch asked if the applicant could supply a written response to Mr. McManus’ report before the next meeting.  They agreed and will also stake the property.  

Mr. Sibley stated that the state has not approved the new green septic systems.  He is expecting a letter about this from the state.  He also stated that Mr. Bolmer, the Town Engineer, is very concerned about the drainage in the roads.  Mr. Sibley discussed concerns about cutting into the steep slopes with potential water problems and asked for a written statement from Mr. McCoy stating that the work will not generate water.  Mr. Sibley feels the applicant should supply an alternative plan and that they may want to rework their plans based on the commission’s concerns.  

#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.  Commissioner Kotch motioned to close the hearing.  Seconded by Commissioner Gillingham.  Motion approved unanimously.

Commissioner Pieragostini motioned to approve the application with the following recommendations:

1.      That the applicant provide the commission with a copy of the final Federal Energy Regulatory Commission Permit and its conditions.
2.      That the applicant provide written notification to the Wetlands Agent within a week of the start of any activity, and within a week of pipeline installation, and at the completion of the project proposed.
3.      That the applicant notify the Wetlands Agent of the dates for inspecting the pipeline during routine safety pipeline inspection.
4.      That the applicant produce and provide the commission follow-up reports on the functionality of the wetlands and stream courses disturbed by this proposed activity annually by June 1st in perpetuity.  Any degradation to these areas will be addressed in a timely manner.

Seconded by Commissioner Kotch.  Commissioner Peters abstained from the motion.  Motion approved unanimously.  

Other Business

Minutes – February 27, 2008 –Commission Salling motioned to approve the minutes.  Seconded by Commissioner Clancy.  Motion carried unanimously.

Acceptance of New Applications

#08-10  Gary Gaydosh, 90a Huntingtown Road.  Application related to the removal of a violation.
Ext #03-26  Percy Ferris, 143 South Main Street.  Application for extension.

Application Extension Fees:  Mr. Sibley stated that the fee for extensions will need to be revisited in December.  

Commissioner Salling motioned to amend the agenda to discuss the special meeting held on February 27th, 2008.  Seconded by Commissioner Kotch.  Motion approved unanimously.  Commissioner Salling discussed her research into other towns’ wetlands recognition programs.  She is working on a synopsis of information and will provide the commission with her findings.

Commissioner Pieragostini motioned to adjourn the meeting at 9:27 p.m.  Seconded by Commissioner Kotch.  Motion carried unanimously.