Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
July 23, 2008 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling Kotch, Pieragostini, Curran and Gillingham
Staff Present: Robert Sibley, Deputy Director; Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:30 p.m.
Violations - No violations were discussed.
Pending Applications
#08-20 Bruce Travis, 7 Equestrian Ridge Road. Application related to the removal of a violation and a water diversion permit.
Dirk Sabin, Landscape Architect, was present to represent the applicant. He stated that the DEP fisheries experts have visited the site and determined the application does not fall under their regulations. The applicant has requested an extension to complete the drawings. Mr. Sibley stated that the applicant will need to withdraw and reapply. Mr. Sabin stated he will submit a new application and asked for a waiver of fees.
#08-21 Hoffman Landscape, 13 Equestrian Ridge Road. Application for activities within a regulated area.
Brian Cossari, Landscape Architect with Hoffman Landscapes, Inc., 647 Danbury Road, Wilton, Connecticut was present to discuss the application. Mr. Cossari distributed and detailed modifications to the planting plans (dated 7-22-08).
Commissioner Pieragostini motioned to approve the application with standard conditions A, B, and C.
Seconded by Commissioner Salling. Motion approved unanimously
#08-22 Kimberly Cunningham, 34 Alpine Drive. Application related to the removal of a violation/ installation of a driveway.
Ms. Cunningham was present to discuss her application to widen a gravel driveway and remove invasive plants and debris from the waterway.
Commissioner Salling motioned to approve the application with standard conditions A, B, and C.
Seconded by Commissioner Pieragostini. Commissioner Curran abstained. Motion approved unanimously.
#08-23 Russell Lalli, 38 Eden Hill Road. Application related to the construction of an accessory building and driveway.
Item tabled.
#08-27 Pools by Murphy, 29 Ashford Lane. Application related to the construction of an in-ground swimming pool.
Item tabled.
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, introduced members of the team. He noted that the focus of the meeting is a response to a letter from JMM Consulting dated July 9, 2008. He distributed copies of letters from Mr. Klein, Mr. Popp, and Mr. Malin. Revised drawings were previously delivered to the Land Use office.
A new Co-counsel, Atty. Jim Murphy from Gregory & Adams in Wilton, CT discussed timing and the disagreements between their experts and Mr. McManus’ findings. The applicant is requesting a special meeting on July 30th, 2008 due to the deadline to close the public hearing is July 31st, 2008. The applicant’s experts disagree with Mr. McManus’ report being based on design vs. performance and the standards used for nitrogen levels. He asked if the experts could meet separately.
Michael Klein, Soil Scientist, Environmental Planning Services, 89 Belknap Road, West Hartford, CT 06117, discussed impacts on wildlife habitat and nitrogen levels. He noted that any change from an agricultural to residential land use results in a change of wildlife utilization and is an unavoidable consequence of development. He noted differences in his and Mr. McManus’ findings and feels the New Jersey model that Mr. McManus used should not apply in this case.
Commissioner Peters asked for clarification of his letter and stated concerns regarding design standards. She also discussed Newtown’s average household size vs. the state average.
Martin Malin, P.E., Tighe & Bond, 1000 Bridgeport Avenue, Shelton, CT, confirmed that his research shows Newtown has an average household size of 2.9 persons and Connecticut’s average is 2.53.
Commissioner Peters asked why they feel the New Jersey model would not be relevant in this case. Mr. Klein discussed septic systems and use of conservative numbers designed to anticipate worse case scenarios and discussed nitrogen levels.
Commissioner Curran asked if they considered fertilizer use in their calculations and questioned their use of an average set back of the septic systems to the wetlands, since some septic systems are closer. Also, she asked why they used the set-back calculations from the middle of the wetlands instead of from the edge.
Mr. Klein stated they did not consider fertilizer usage because of the average set-backs. Mr. Malin stated there are no septic systems closer than 100 feet from the wetlands. Mr. Klein stated that the wetlands are adaptive to a high nutrient environment.
Matt Popp, Landscape Architect with Environmental Land Solutions, discussed wildlife and planting plans. He agrees with Mr. McManus’ that there will be a change in wildlife and habitat types, but feels the wetlands species will not be affected. He agreed with Mr. McManus’ concerns over shading for the basins. Mr. Malin provided details of the septic designs relative to nitrates.
Mr. Sibley asked if they plan to do the CAWS Vernal Pool Monitoring program. Mr. Stout agreed that they will. Mr. Sibley asked about the pervious pavement on Lot #17. Mr. Malin noted there will be pervious material used on the flat section, but there will be some impervious areas. Mr. Sibley asked what they would do with the property if they decide to demolish the existing structure (Lot #17) on Eden Hill Road. Mr. Stout noted that they may use the structure as a barn or shed.
Mr. Gino Vona spoke and stated that there is currently a family living in the existing structure on Lot #17 and they do not plan to build the new house as shown on the plans. Commissioner Peters asked for a demolition sequence in case it was to be built. The applicants took a five minute recess and returned stating that if the proposed house were to be built, the current house would be decommissioned and the remaining structure would have no greater footprint and that limits of disturbance would remain the same. It would no longer be qualified as a residence. The kitchen would be removed.
Atty. Murphy requested the special meeting and a meeting of the applicant’s experts. Commissioner Peters stated that she feels strongly there should not be a meeting between the experts and that conversations should occur with staff present. It was determined that information can be exchanged via e-mail and that a special meeting could be held on Wednesday, July 30th, 2008 at 7:30 p.m. at 31 Pecks Lane.
Commissioner Kotch motioned to keep the public hearing open. Seconded by Commissioner Curran. Motion carried unanimously.
Commissioner Kotch motioned that there should not be a meeting between the applicant and the Commission’s expert. Seconded by Commissioner Salling. Motion carried 5 to 1.
Other Business
Minutes – July 9, 2008 – Commissioner Pieragostini motioned to approve the minutes. Seconded by Commissioner Kotch. Motion carried unanimously.
Acceptance of New Applications
o #08-28 Daniel O’Donnell, 72 Edge Lake Drive. Application related to the removal of a violation.
o #08-29 Tom Milligan, 9 West Street. Application related to the removal of a violation.
o #08-30 Peter Gold, 20 Butterfield Road. Application related to the removal of a violation.
o #08-31 Donald Ruggiero, 59 Huntingtown Road. Application related to the removal of a violation.
o #08-32 Michael Burton, 107 Church Hill Road. Application related to the building of an addition.
o #08-33 Mark & Amy Azzarito, 246 Berkshire Road. Application related to the removal of a violation.
Discussion
Commissioner Peters opened a discussion regarding the road ordinance. The commissioners will request a meeting with Joe Hovious, Chairman of the Newtown Conservation Commission.
Commissioner Salling motioned to adjourn at 10:05 p.m. Seconded by Commissioner Pieragostini. Motion carried unanimously.
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