Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
May 14, 2008 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Kotch, Pieragostini, Curran 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
Vio #07-17 Bruce Travis, 7 Equestrian Ridge Road.
Ann Astarita, Newtown Inland Wetlands Enforcement Officer was present. Dirk Sabin, Landscape Architect from Woodbury, CT, representing the applicant, discussed a previous request by Mr. Travis to clean out a portion of the Aspetuck River. An approval letter dated 7/13/05 was referenced. The applicant dredged out a section of the pond along with phragmites. Mr. Sabin has not yet authorized engineering and surveying work, pending the discussion tonight. The Travis’ felt they were completing maintenance activities. They felt the phragmites and sediment deposits constricted flows in the Aspetuck River and caused upstream flooding in areas used by horses that resulted in horse injuries and erosion issues. There is approximately 600 cubic yards of dredge soils that need to be removed,
along with grading and reseeding. He asked if the requirements of a site survey, soil scientist mapping, and engineering documents are necessary for this application.
Ms. Astarita, Newtown’s Inland Wetlands Enforcement Officer described her findings of the violation and stated that the applicant had a permit for non-regulated activity use to clear a limited portion of the southeastern part of the Aspetuck River and clear the waterway of road run-off. There was a highlighted area on the map which limited the activities to the southeastern portion of a small portion of the river which was on the side where the house is. She stated that instead they have dredged out quite a large portion of the river. From the aerials, the portion removed is approximately three times the size of the house. There is now a pond where the marsh and river were. The dredged pond did not exist prior to the 2007 aerials. There was no pond shown in the 2002 or 2004
aerials. This has produced a jutting out of the river. The constricting flows could have been helped by wetlands on both sides of the river.
The area has been cleared of vegetation to the waterline with no wetland plants growing on either side. The western side has been impacted the most. The permit did not allow work to be done on that side and the wetlands have not grown back. The dredged spoils were piled up around the trees and the hay bales were installed after the first violation letter. Prior to that, there was nothing to hold back any sediment from going into the river. She feels that there has been incalculable damage to the river and has been the largest impact she has seen in her time as an Inland Wetlands officer. Although Mr. Travis has been very understanding and wants to comply, but he doesn’t understand the extent of the damage.
Mr. Sibley provided history of the original 2005 application. A letter was submitted by Dirk Sabin as an application. Mr. Sibley stated that the letter cannot act as an application and it has to go through the front desk.
Mr. Travis discussed his original conversations with former Inland Wetlands Commissioner, Sally O’Neil, who provided permission to do activities via a letter.
Commissioner Pieragostini motioned not to pursue legal action. Seconded by Commissioner Kotch. Motion carried unanimously.
Pending Applications
Modification #05-42 Schultz Family Partnership, 127 Walnut Tree Hill Road & Alberts Tree Hill Road. Application related to the modification of a subdivision.
Richard Contois, Licensed Land Surveyor with L. Edwards Associates, 227 Stepney Road, Easton, CT, was present to discuss the application. The original application was approved by Inland Wetlands but not by Planning & Zoning. The application has been reconfigured from nine lots to eight. The new plans show less impact on the land. He described the differences in the two applications.
Mr. Sibley discussed concerns regarding changes from the original plans, including the change in total acreage. The original application showed 35.2 acres with the new application showing 33.9 acres. The disturbance of linear feet of the stream increased five feet, from 45 to 50. The original approved plans show the conservation easement coming down to Walnut Tree Hill with no drainage easements placed in the wetlands. He wants to make sure that remains the same. For House # 1, at least 25 feet of its slope has been moved closer to the wetlands. He is also concerned that the driveway characteristics have been changed and would like to see stipulations for the maintenance of the basins.
#08-12 Jody Murphy, 6 Fir Tree Lane. Application for activities relating to the building of a single family residence.
Mr. Murphy was present to discuss the application. The property has been staked and the commissioners walked the site. Mr. Sibley discussed outstanding issues. The characteristics of the driveway have change within the last 4 to 5 years. It has been pressed out and a slope has been built up which has effected several trees. The commissioners would like detail on the slope stabilization, as well as drainage plans and stabilization of the driveway. The plans should show that the drainage is not entering the pond. Buffer plans should be added for the edge of Curtis Pond. The commissioners noticed erosion along the waters edge. Commissioner Pieragostini noted concerns about the width of the walkway and its closeness to the wall. She stated that
vegetation and trees should be left. Mr. Sibley suggests the applicant submit a planting plan.
#08-14 William Joyce, 12 Shepard Hill Road. Application for activities relating to the removal of a violation.
This item was tabled.
#08-15 Philip Archard, 30 Zoar Road. Application for activities within a regulated area and the dredging of a Pond.
Applicant was not present. This item was tabled.
Public Hearing
#08-04 Hattertown LLC, 22 Hattertown Road. Application for activities within a regulated area.
Attorney Ward Mazzucco was present to discuss the application. The applicant delivered revised plans earlier in the day that have not been reviewed by the commissioners yet. He discussed a few aspects of the plans, including the delineation of the wetlands. The applicant has conceded to Jim McManus’ findings on the boundary, which creates a slight additional disturbance. One concern was the suitability of the soils in the septic areas, the area is being retested. Also, the method dealing with the drainage has incorporated a series of improvements. A plunge pool and parking spaces were added as well.
John F. McCoy, VII, P.E. from J.F.M. Engineering, Inc. submitted a revised letter for the record. Mr. Sibley asked that the application form numbers are updated. Another extension will need to be granted for the public hearing.
#08-09 Vona, Oak Ridge III, 46 Eden Hill Road. Application for activities relating to a subdivision.
Atty. Tom Vetter from Keogh, Burkhart and Vetter, 34 Wall Street, Norwalk, CT, provided a brief history of the application.
Wes Stout, Landscape Architect from Wesley Stout Associates, 96 Main Street, New Canaan, CT, presented information to answer concerns and comments by the Commission. He noted there will be 25 acres of Conservation Easement and 11.9 acres of Open Space. There will be a through road according to town requirements. He asked Mr. Malin to discuss the septic systems. Martin Malin, P.E., Tighe & Bond, 1000 Bridgeport Avenue, Shelton, CT, explained the septic systems. Mr. Stout stated that a rain gardens is planned for each lot. Mr. Malin also discussed the drainage system. The plans include infiltration galleries for roof drainage. The Town Engineer requested they plan for closed drainage systems with curbing on the roads. The plans include a shallow wetlands system.
The two drainage ponds, next to the fire pond, would be enlarged with sediment forebays that over flow into a larger storage area, which would then be discharged into the wetlands system up gradient. He discussed the removal of infiltration systems and addition of surface detention basins. The fire pond will be left alone as a natural habitat. All activities will not be within wetland soils. Mr. Malin spoke about the replacement of 18” drainage pipes.
Other Business
Minutes – April 23, 2008 – These minutes were tabled.
Acceptance of New Applications
o #08-16 David Elliot, 7 Forest View Drive. Application related to the construction of a single family residence.
o #08-17 Joseph Novella, 176 Boggs Hill Road. Application for the installation of a culvert over wetlands.
o #08-18 David & Wendy Clarke, 9 Taunton Lake Road.
o #08-19 Northpoint Construction, 38 & 42 Taunton Hill Road.
Commissioner Pieragostini motioned to adjourn the meeting at 10:30 p.m. Seconded by Commissioner Salling. Motion carried unanimously.
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