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IW 7-9-08 Minutes
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Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
July 9, 2008 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut

Present:  Peters, Salling Kotch, Pieragostini and Curran
Staff Present:  Robert Sibley, Deputy Director; Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:31 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, stated they have concluded their presentation and are awaiting comments from the commission and staff.  Mr. Stout submitted a Draft of Conservation Restriction with their red-line commentaries and a draft Turf Management Guideline from Matt Popp.  

Commissioner Pieragostini asked Mr. Malin about the water quality calculations and how they relate to a specific map.  Martin Malin, P.E., Tighe & Bond, 1000 Bridgeport Avenue, Shelton, CT, provided explanation regarding the references.

Commissioner Salling asked about possible disturbances within the vernal pools.  Mr. Stout stated there will be no disturbance with the vernal pools.

Jim McManus, JMM Wetlands in Newtown, CT submitted a wetlands report dated July 9, 2008.  The commissioners will review the report.

Commissioner Peters stated that the applicant can ask for the hearing to be kept open.  Mr. Stout stated they would like the ability to review and respond to Mr. McManus’ report, therefore requested to keep the public hearing open.

Mr. Sibley asked for some clarification on the Wildlife and Wetlands Function Assessment report by Environmental Planning Services.  In Michael Klein’s absence, Eric Davis responded to the questions.  Mr. Davis provided more information on qualifiers.  Matthew Popp answered questions from Mr. Sibley regarding wildlife impacts and vernal pools.

The public hearing will continue.

Pending Applications

Mod #98-13  James Walsh, 34 Berkshire Road.  Application related to the removal of a violation.

Mr. Sibley stated this has been a continuing violation.  The original application was for a bridge and a berm.  He also showed the property on the GIS system via overhead projector.  It was suggested that the applicant withdraw the modification and reapply for a new permit.  Commissioner Salling noted that the property and wetlands need to be staked.  Mr. Sibley noted this property will need an aquifer best management practice.  The application was withdrawn.

Mod #04-36  James Shearin, 81 Taunton Hill Road.  Modification of a previous application as a result of a violation.

Mr. Shearin was present.  Commissioner Peters recused herself and Commissioner Salling took over as Chairperson.
Commissioner Curran motioned to approve application with standard conditions A, B, and C.  Commissioner Pieragostini seconded the motion.  Motion approved unanimously.

Commissioner Peters then returned to take over as Chairperson

#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.

Mark Riefenhauser, P.E. with Smith & Company, 247 Main Street South, Woodbury, CT was present to discuss the application.   Commissioner Pieragostini asked the applicant if there was any consideration to bring the site of the house forward on the property.  It was confirmed that all possibilities have been exhausted.

Commissioner Pieragostini motioned to approve application with standard conditions A, B, C, D, E, F, G, H, and,

1.      The approved plans are: Master Development and Supplemental Map prepared for Joseph Novella Property at 176 Boggs Hill Road, Newtown, CT Dated 4/11/08

Commissioner Kotch seconded the motion.  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 was present.  The commissioners asked about planting plans and maintenance.  The applicant offered to provide a two-year replacement guarantee on the plantings.

Commissioner Salling motioned to approve application with standard conditions A, B, C, E, and,

1.      The approved plans are: Site Plan Prepared for Taunton Hill Road, LLC. 38 Taunton Hill Rd. Newtown, Ct Dated Revised 6/23/08.
2.      All plants will be replaced, in the case they don’t survive, for two years after installation.

Commissioner Pieragostini seconded the motion.  Motion approved unanimously.

#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. Mr. Sibley read an e-mail from Dirk Sabin regarding their permit process with the DEP.  The commissioners expressed concerns over the fact that the applicant has not been present to discuss this application or be available to answer questions.  Mr. Sibley will communicate this concern with the applicant.  Item tabled.

#08-21  Hoffman Landscape, 13 Equestrian Ridge Road.  Application for activities within a regulated area.

Item tabled.

#08-22  Kimberly Cunningham, 34 Alpine Drive.  Application related to the removal of a violation/ installation of a driveway.

Item tabled.

#08-23  Russell Lalli, 38 Eden Hill Road.  Application related to the construction of an accessory building and driveway.

Bill Carboni from Spath-Bjorklund Associates, P.C., Monroe, CT, was present to discuss this application for the construction of a barn that will be used for remodeling cars.  The concrete foundation of the new building will be placed over the location of an existing stone foundation.  Although it will be larger than the existing foundation, the additional footage will be placed away from the wetlands.  The location of the driveway that leads from the road to the barn will be made of pervious pavers.  These pavers are limited in use by slope and weight of vehicles.  The barn will have no plumbing and the concrete floor will have no drainage.  The roof drainage and a rain garden were also discussed. Mr. Sibley stated that the wetlands need to be delineated.  

#08-24  Deborah Aubin, 1 Evergreen Road.

Daniel Butz was present.  

Commissioner Pieragostini motioned to approve application with standard conditions A, B, and C.  Commissioner Kotch seconded the motion.  Motion approved unanimously.

#08-25  Newtown Forest Association, 13 Castle Hill West.  Application for activities within a regulated area and remediation of neighborhood dumping encroachment.

Commissioner Kotch motioned to approve application with standard conditions A, B, and C.  Commissioner Salling seconded the motion.  Motion approved unanimously.

#08-26  Eugene Orlowski, 20 Sugar Street.  Application related to the removal of a violation.

Mr. Orlowski was present and distributed a document (Maintenance Frontal Bay & Drainage System) and a letter to Ann Astarita, Wetlands Enforcement Officer.  

Commissioner Pieragostini motioned to approve this application with standard conditions A, B, and C, and

1.      The applicant is asked to pay the application fee of $280.00.

Commissioner Kotch seconded the motion.  Motion approved unanimously.

Other Business

Minutes – June 25, 2008 Commissioner Pieragostini motioned to approve the minutes.  Seconded by Commissioner Curran.  Motion carried unanimously.

Acceptance of New Applications

Commissioner Pieragostini motioned to adjourn at 10:00 p.m.  Seconded by Commissioner Salling.  Motion carried unanimously.