Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
June 25, 2008 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling Pieragostini, Curran and Clancy
Staff Present: Robert Sibley, Deputy Director; Tammy Hazen, Clerk
--------------------------------------------------------------------------------------------------------------------------------------------------
Commissioner Peters opened the hearing at 7:30 p.m.
Violations - No violations were discussed.
Public Hearing
#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, distributed a letter dated 6-25-08 that clarified lot staking and two plans for Lots 4 and 14 showing a study of flipping the house and septic locations, as requested by Mr. Sibley, to have the septic locations farther away from the wetlands. Mr. Stout described the disadvantages of changing the location of the septic systems. In general it would require more energy, clearing and disturbance.
Martin Malin, P.E., Tighe & Bond, 1000 Bridgeport Avenue, Shelton, CT, distributed and reviewed a map titled “Nitrogen Load Watershed Areas”, and calculations titled “Nitrogen Calculations” and “Water Quality Volume Summary”.
Michael Klein, Soil Scientist, Environmental Planning Services, 89 Belknap Road, West Hartford, CT, discussed fertilization issues and how it is very difficult to quantify the amount of fertilizer a homeowner uses. He feels the setbacks are far enough from wetlands so they will not be affected. He feels there would be no adverse effect on the wetlands.
Commissioner Pieragostini asked if there was any specific planting plan. Mr. Klein stated it requires no special planting plans.
Commissioner Clancy asked if Mr. Martin’s map did not account for nitrate calculations and pesticides . Mr. Martin answered that his plans showed a simple nitrogen dilution of the septic and did not take into account any loading for fertilization of the lawns. Commissioner Clancy asked questions regarding fertilizer application and nitrogen levels. Mr. Klein discussed calculations.
Mr. Sibley asked for a written response from Jim McManus on the material submitted by the applicant.
A request for a 30-day extension was submitted by Atty. Thomas Vetter.
Pending Applications
Mod #04-36 James Shearin, 81 Taunton Hill Road. Modification of a previous application as a result of a violation.
Item tabled. Applicant not present.
#08-04 Hattertown LLC, 22 Hattertown Road. Application for activities within a regulated area.
Commissioner Peters opened for comments from Commissioners. The commissioners discussed concerns and thoughts about the application.
Commissioner Salling motioned to deny this application without prejudice based on:
1. Impacts of the proposed regulated activity on wetlands or watercourses for which the activity is proposed and future activities associated with, or reasonably related to, the proposed regulated activity which are made inevitable by the proposed regulated activity and which may have an impact on wetlands or watercourses.
a. Specifically, the expert testimony which has stated that “the likelihood of impact on the wetlands and watercourses for nitrogen loading from the septic system still exist.”
b. Specifically, the expert testimony which has stated that “the likelihood of impact on the wetlands and watercourses for reduction of total suspended solids from the proposed storm water plunge pool.”
c. Specifically, the expert testimony which has stated that “the likelihood of impact on the wetlands and watercourses from erosion generated by the steep slopes has not been adequately addressed.”
d. Specifically, the applicant’s testimony which stated that ground water monitoring was not completed. Expert testimony has stated “the likelihood of impact of diverted ground water on the septic system and infiltration devices has not been adequately addressed.”
2. An incomplete application.
a. Specifically, that the applicant provided amended proposed plans for regulated activities on the day of the closing for the public hearing. This did not afford the public suitable time for review and response.
b. Specifically, that the applicant provided amended proposed plans for regulated activities on the day of the closing for the public hearing. This afforded the Inland Wetlands Commission a minimal review period to question the amendments.
Motion seconded by Commissioner Curran. Motion carried unanimously.
#08-15 Philip Archard, 30 Zoar Road. Application for activities within a regulated area and the dredging of a pond.
Commissioner Pieragostini motioned to approve with standard conditions A, B, and C. Seconded by Commissioner Salling. Motion carried unanimously.
#08-17 Joseph Novella, 176 Boggs Hill Road. Application related to the construction of a single family residence.
Item tabled.
#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 revised plans that were delivered on 6/24/08. A letter was also submitted correcting the disturbance area. The commissioners will review the plans and visit the site again.
#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 stated the wetland soils were reflagged. Some commissioners have visited the site. The buffer and stabilization of the hillside was discussed. Mitigation plans were discussed. The applicant discussed native plantings. The commissioners suggested the applicant replant with trees that would reach the heights of the trees that were cut down. They discussed buffer lines, thickness and setbacks. The applicant will return.
#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.
#08-23 Russell Lalli, 38 Eden Hill Road. Application related to the construction of an accessory building and driveway.
The applicant called previously to ask for the item to be tabled.
#08-24 Deborah Aubin, 1 Evergreen Road.
Ms. Aubin’s son, Daniel Butz, was present to discuss this application and answer questions. The commissioners will visit the site.
Other Business
Minutes – June 11, 2008 – Commissioner Pieragostini motioned to approve the minutes. Seconded by Commissioner Salling. Motion carried unanimously.
Acceptance of New Applications
Commissioner Pieragostini motioned to adjourn at 9:15 p.m. Seconded by Commissioner Salling. Motion carried unanimously.
| 
