Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
June 11, 2008 7:00 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 7:00 p.m.
Violations - No violations were discussed.
Public Hearing
#08-04 Hattertown LLC, 22 Hattertown Road. Application for activities within a regulated area.
Atty. Ward Mazzucco reviewed the history of the application. He noted that they are proposing four lots on 11.4 acres and noted the property is zoned one acre. Atty. Mazzucco distributed a copy of and discussed Section 8.2 of the General Statutes. He noted that the Conservation Commission determined the property was not suitable to purchase as town open space. He also discussed town drainage issues and nitrate concerns.
Commissioner Kotch asked the applicant if he knew the date that the property was zoned for one acre. Atty. Mazzucco was not sure.
John F. McCoy, VII, P.E., from J.F.M. Engineering, Inc., 440 Main Street, Ridgefield, CT reviewed his response letter and updated drawings that addressed concerns noted in memos from the Town Engineer, the Town Sanitarian and Mr. Sibley.
Jim McManus, Soil Scientist with JMM Wetlands Consulting Services, Newtown, noted his concerns with nitrogen loading and discussed guidelines regarding nitrogen levels and the effects of it on the health of streams. He noted EPA and DEP guidelines and studies.
Commissioner Peters asked Mr. McManus for clarification of his statement that levels of 1.2 to 2.0 mg per liter of nitrogen would cause some degradation to stream quality (nitrification) and asked him to confirm, for the record, that this would be an adverse effect. Mr. McManus confirmed it would be an adverse effect.
Commissioner Pieragostini asked if water filtering through the wetlands would decrease the nitrogen. Mr. McManus discussed the sensitivity of the wetlands.
Commissioner Peters asked Mr. McCoy for specifics regarding mottling and where it is referenced in his report. Mr. McCoy discussed their findings.
Commissioner Salling asked for clarification regarding the installation of swales as safety valves in the septic area. Mr. McCoy explained why swales were added around the septic systems.
Commissioner Curran asked Mr. McManus about the recommendation of swales. Mr. McManus explained that he recommended swales around the septic systems on two lots.
Commissioner Clancy asked Mr. McManus about potential degradation of the stream and if nitrogen levels are 1.5 mg/l entering the stream, does he feel the wetlands are still at risk. Mr. McManus stated that his suggestions have been taken into consideration by the applicant but is also concerned with the steep slope and erosion issues. He noted that the applicant should have an independent erosion control monitor and that a phasing plan should be developed.
Commissioners Curran and Pieragostini asked Mr. McManus about the sufficiency of the plunge pool.
Commissioner Pieragostini motioned to close the hearing. Seconded by Commissioner Kotch. Motion carried unanimously.
#08-09 Vona, Oak Ridge III, 46 Eden Hill Road. Application for activities relating to a subdivision.
Wes Stout, Landscape Architect & Planner, 96 Main Street, New Canaan, CT, discussed his letter dated 6/5/08 and revised plans that address concerns stated by the commission, Mr. Sibley and Jim McManus.
Martin Malin, P.E., Tighe & Bond, 1000 Bridgeport Avenue, Shelton, CT, reviewed some revisions from the last meeting that included dry wells to handle roof run-off and rain gardens to handle driveway run-off.
Matt Popp, Landscape architect discussed the planting plans. The conservation easement line will be delineated with a fence or boulders.
Michael Klein, Soil Scientist, Environmental Planning Services, 89 Belknap Road, West Hartford, CT 06117, discussed the fire pond being restored as a natural stream channel. The pond is currently serving as a large decoy for vernal pool activity.
Mr. Sibley has questions but will submit them to the applicant in writing. Mr. Gino Vona spoke briefly about his interest in the birds and installing bird houses along the conservation easement line.
The applicant will check the stakes on the property. The commissioners will revisit the site.
Pending Applications
Mod #04-36 James Shearin, 81 Taunton Hill Road. Modification of a previous application as a result of a violation.
Commissioner Peters recused herself from this application. Commissioner Salling stood in as Chair. Mr. Shearin was present to discuss his application and explained the work that has been completed that resulted in a violation. The commissioners will visit the site.
Modification #05-42 Schultz Family Partnership, 127 Walnut Tree Hill Road & Alberts Tree Hill Road. Application related to the modification of a subdivision Inland Wetlands Permit.
Richard Contois, Licensed Land Surveyor with L. Edwards Associates, 227 Stepney Road, Easton, CT, provided a summary of the modification of this application.
Commission Pieragostini motioned to approve the application with standard conditions A, B, C, D, E, F, G, H, L and:
1. These conditions do not supersede the conditions of 05-42, but are in addition to them.
2. The approved plan for the development is “Overall Site Plan for Schultz Family Limited Partnership” Alberts and Walnut Tree Hill Roads, Newtown, CT, Dated Revised May 27, 2008.
3. The applicant shall create and record on each property deed the conditions of the wetlands permit and the permanent maintenance requirements for the rain garden infiltration areas. These maintenance requirements shall be reviewed and approved by the Conservation Official prior to recording.
The motion seconded by Commissioner Kotch. Motion approved unanimously.
#08-12 Jody Murphy, 6 Fir Tree Lane. Application for activities relating to the building of a single family residence.
Alan Shepard, P.E., and Joe Murphy were present to review and discuss the application.
Commissioner Salling motioned to approve application with standard conditions A, B, C, E, and:
1. The approved plans for the development are: Site Plan “Jody Murphy” 6 Fir Tree Lane Newtown, CT, Dated Revised May 28, 2008.
2. This permit does not grant access, or imply any allowed disturbance, to property owned by the Town of Newtown.
The motion was seconded by Commissioner Kotch. Motion approved unanimously.
#08-14 William Joyce, 12 Shepard Hill Road. Application for activities relating to the removal of a violation.
The applicant was not present.
Commissioner Clancy motioned to approve the application with standard conditions A, B, C. The motion was seconded by Commissioner Pieragostini. Motion approved unanimously.
#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.
#08-16 David Elliot, 7 Forest View Drive. Application related to the construction of a single family residence.
Mr. Elliot was present to review his application.
Commissioner Kotch motioned to approve the application with standard conditions A, B, C, D, E, F, and:
1. The approved plan for the development is “Proposed Site Plan Lot 4”, Forest View, Newtown, CT, Dated Revised April 22, 2008.
The motion was seconded by Commissioner Salling. Motion approved unanimously.
#08-17 Joseph Novella, 176 Boggs Hill Road. Application related to the construction of a single family residence.
Mark Riefenhauser, P.E. with Smith & Company, 247 Main Street South, Woodbury, CT was present to discuss the application.
Commissioner Peters asked for reasons why the house could not be built closer to the road instead of in the back of the property which requires the crossing of wetlands. Mr. Riefenhauser noted that the front lot was not suitable due to lack of frontage. He discussed the culvert that will be installed over the wetlands. Equipment will not need to cross the wetlands in order to install the culvert.
Commissioner Kotch asked if the culvert could be larger so the footings would be farther apart. Mr. Riefenhauser noted that the culvert spans 31’ 4”, which is one of the largest spans that particular material can handle. Anything larger would not be economically feasible. The proposed culvert is open-bottomed, so no digging is necessary. Commissioners will visit the site.
#08-18 David & Wendy Clarke, 9 Taunton Lake Road. Application related to the construction of a single family residence.
Alan Shepard, P.E., and Hugh Sullivan, Architect, were present to discuss the application. At some point, they will return with another application to discuss the relocation of an existing boathouse, but will not add this item to this application.
Commissioner Kotch motioned to approve the application with standard conditions A, B, C, D, E, and:
1. The approved plan for the development is “Site Plan Prepared for David and Wendy Clarke”, 9 Taunton Lake Road, Newtown, CT, Dated Revised May 28, 2008.
The motion was seconded by Commissioner Curran. Motion approved unanimously.
#08-19 Northpoint Construction, 38 & 42 Taunton Hill Road. Application related to the removal of a violation.
Mike Lillis from CCA, 40 Old New Milford Road, Brookfield, CT provided an overview and answered questions about this application. The soil testing has been completed for the septic system. They will use shorter recharge chambers. Vegetative swales and the groundwater recharge system were discussed. The commissioners will revisit the site.
#08-20 Bruce Travis, 7 Equestrian Ridge Road. Application related to the removal of a violation and a water diversion permit.
The applicant was not present. Item tabled.
#08-21 Hoffman Landscape, 13 Equestrian Ridge Road. Application for activities within a regulated area.
Brian Cassari with Hoffman Landscape was present to discuss the application. Commissioner Peters asked about wetland lines and the stream being changed by the subdivision.
Mr. Sibley asked about the wetland lines. The commission needs verification by an independent soil scientist. Replanting is not sufficient enough for the removal of mature trees.
#08-22 Kimberly Cunningham, 34 Alpine Drive. Application related to the removal of a violation/ installation of a driveway.
The applicant was not present. Item tabled.
Other Business
Minutes – May 28, 2008 – Commissioner Curran motioned to approve the minutes. Seconded by Commissioner Kotch. Motion carried unanimously.
Acceptance of New Applications
o #08-23 Russell Lalli, 38 Eden Hill Road. Application related to the construction of an accessory building and driveway.
o #08-24 Deborah Aubin, 1 Evergreen Road.
Commissioner Salling motioned to adjourn at 10:00 p.m. Seconded by Commissioner Kotch. Motion carried unanimously.
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