Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
August 27, 2008 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Kotch, Pieragostini, and Clancy
Staff Present: Rob Sibley, Deputy Director Land Use Agency, Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:30 p.m.
Violations - No violations were discussed.
Pending Applications
#08-09 Vona, Oak Ridge III, 46 Eden Hill Road. Application for activities relating to a subdivision.
Commissioner Kotch motioned to approve with standard conditions A, B, C, D, E, F, H, J, L, N, and
The approved plans for the development is “Proposed Subdivision Oak Ridge III” Oak Ridge Drive, Newtown, CT, Dated Revised June 6, 2008 and associated detail plans.
The road construction will be constructed, stabilized, and approved by the Wetlands Agent prior to any building permits being issued. No additional site activities, clearing or stockpiling of material beyond the road right-of-way is approved until the road is approved by the Wetlands Agent.
The applicant shall create and record on each property deed the conditions of the wetlands permit and the permanent maintenance requirements for the infiltration areas. These maintenance requirements shall be reviewed and approved by the Wetlands Agent prior to recording.
The applicant will install a split rail fence or suitable replacement prior to the issuance of a building permit, along the demarcated easement lines. The exact location and type of fence is to be approved by the Wetlands Agent.
The applicant has offered to enter into the CAWS vernal pool monitoring program. The applicant will provide a copy of the agreement to CAWS monitoring program of the vernal pool sites with the wetlands agent.
The applicant will implement all recommendations included within the Environmental Land Solutions, LLC reports and proposed conditions of approval letter from G & A PC, dated July 30, 2008 that have been submitted.
If allowed at the time of construction, the applicant will utilize all offered low impact road construction designs. These design amendments will be approved by the wetlands agent.
The applicant has stated for the record that the existing structure on Lot 17 will be completely removed prior to the receipt of a C/O for any new house on the lot.
Seconded by Commissioner Pieragostini. The commissioners commented on their findings and basis for coming to this decision. The motion was approved unanimously.
#08-27 Pools by Murphy, 29 Ashford Lane. Application related to the construction of an in-ground swimming pool.
Commissioner Salling motioned to approve with standard conditions A, B, and C. Seconded by Commissioner Pieragostini. Motion approved unanimously.
#08-28 Daniel O’Donnell, 72 Edge Lake Drive. Application related to the removal of a violation.
Applicant not present. Item tabled.
#08-29 Tom Milligan, 9 West Street. Application related to the removal of a violation.
Mr. Milligan was present and requested an amendment to his application. Mr. Sibley stated that he received correspondence referencing that the application is to include only the removal of the vegetation, which covers what the violation requested. Commissioner Pieragostini motioned to approve with standard conditions A, B, and C. Seconded by Commissioner Kotch. Motion approved unanimously.
#08-30 Peter Gold, 20 Butterfield Road. Application related to the removal of a violation.
Applicant not present. Item tabled. Mr. Sibley stated that the commission will need to go to court action and that the applicant has stated for the record that he plans not to attend any of the meetings.
#08-31 Donald Ruggiero, 59 Huntingtown Road. Application related to the removal of a violation.
Mr. Ruggiero was present. Commissioner Clancy motioned to approve with standard conditions A, B, and C. Motion seconded by Commissioner Kotch. Motion approved unanimously.
#08-32 Michael Burton, 107 Church Hill Road. Application related to the building of an addition.
Michael Burton, 7 Glen Road, was present to address concerns previously raised by the commission. He discussed the removal of the large Hemlock trees that will be replaced with low plantings and that they intend to save the large maple trees. He stated that they would like to keep the plans for the sidewalk material since they would match the existing streetscape. Mr. Shepard will discuss mitigation plans in regards to this.
Alan Shepard, PE, distributed copies of updated plans and discussed a recharge gallery system that will be mitigation for the use of the impervious pavers. Commissioner Kotch asked for an estimate of water that will flow into the Church Hill Road drainage system vs. the river. Mr. Shepard stated that it would be the same or less and then detailed the use of a recharge system and catch basins. Commissioner Pieragostini asked about the eastern slope. Mr. Shepard stated they will not change it. There will be minimal tree clearing and they will clean up the slope of debris. Commissioner Peters asked for plans on the stabilization of the slope. Mr. Shepard explained how the new foundation will stabilize the slope.
#08-33 Mark & Amy Azzarito, 246 Berkshire Road. Application related to the removal of a violation.
Mr. Azzarito was present to discuss his application. Mr. Sibley noted that the applicant has had previous violations and asked the applicant if they owned the parcel where there was ATV activity. Mr. Azzarito stated at first that they owned the property and then stated that his wife received permission by the property owners for the children to use the area for their ATVs. Mr. Sibley asked if they moved the fence in the back. Mr. Azzarito stated that the fence has had to be removed for the excavator, but it will be replaced back in the original place. Mr. Sibley noted then that there is no further disturbance. Commissioner Kotch motioned to approve with standard conditions A, B, and C. Seconded by Commissioner Pieragostini. Motion approved unanimously.
#08-34 Taunton Hill Road, LLC, 44 Taunton Hill Road. Application related to the removal of a violation.
Mike Lillis from CCA, 40 Old New Milford Road, Brookfield, CT, discussed the recent history of the property and its relation to 38 Taunton Hill Road. The applicant bought this parcel that already included the filling of a wetland. Test pits have been dug to establish where the former wetland line was before the filling. He displayed an exhibit with results of a soil survey and wetlands delineation. They propose to remove 1,300 sq. ft. of fill and then apply a New England wetlands seed mixture and plant willows and shrubs. Commissioner Peters asked if they intend to add buffer plantings in the upland area. Mr. Lillis noted they will apply the New England Erosion Control Mixture. The client will not object to any modifications. Mr. Sibley stated that he prefers the erosion
control mixture than the plantings and shared concerns about the extent of the disturbance. He stated that the disturbance is larger than is noted on the plans and explained where he would like to see the restoration extended. The applicant will return with revised plans.
#08-35 Doris Hanley, 3 Fox Run Lane South. Application related to the rebuilding of a stone wall.
Ms. Hanley was present to discuss the application of rebuilding a stone wall. Commissioner Salling asked if equipment will be used during the process. Ms. Hanley stated that stone masons will do the work by hand and that no equipment will be needed. The commissioners will visit the site.
#08-36 Lewis Gotch, 18 Bridge End Farm Lane. Application for activities within a regulated area.
Applicant was not present. Item tabled.
#08-37 Bruce Travis, 7 Equestrian Ridge Road. Application related to the removal of a violation.
Dirk Sabin was present to discuss restoration plans for areas that have been impacted by dredging. They propose extending the hay bale barrier, installing an anti track barrier for equipment that will be used to remove the dredge soil pile. Some trees damaged by the dredge pile will be removed and the soil will be moved to an upland area. The area will be graded and planted with a New England wet mix. He described installing a 20 foot wide buffer that will be mowed twice a year.
Commissioner Peters asked if there will be any barrier between the lawn and the buffer. Mr. Sabin stated the demarcation will be defined by existing trees.
Commissioner Pieragostini noted concerns of the pond edge that will be left bare. She also requested water quality calculations, including a baseline and a monitoring program. She also asked about a secondary barrier that includes more nitrogen loving plants.
Mr. Sibley noted concerns over the fertilization of the lawn that commissioners have witnessed and requested a maintenance plan and justification for the fertilization. He also shared concerns over the clearing of the hillside between the pond and the house and asked if the buffer would be sufficient for the migration of the nutrients. He also noted that the baseline in the water quality calculations will show the current negative conditions and that samples should be taken frequently. He also discussed the buffer area towards the top of the hillside and if that could be considered off limits to equestrian use and mowed in a three-year rotation. Mr. Sabin will review the area and discuss this with the applicant.
Mr. Sabin stated they would like to be approved by September so they can begin to seed. The applicant will return with modification plans.
#08-38 James Walsh, 32 Berkshire Road. Application for activities within a regulated area.
Applicant was not present. Item tabled. Mr. Sibley stated he has had correspondence with Rebecca Adams and he expects they will attend the next meeting.
Other Business
Acceptance of New Applications
#08-39 William Burbank, 2 Old Green Road. Application related to the removal of a violation.
#08-40 Richard Halpern, 25 Brook Bridge Drive. Application related to the removal of a violation.
#08-41 Barry & Tami Zorzanello, 324 Great Quarter Road. Application related to the removal of a violation.
#08-42 Carter Dinkeloo, 163 Lakeview Terrace. Application related to the removal of a violation.
#08-43 Michael Burton, 12, 16a, 18, 20, 20a Washington Avenue. Application related to the construction of residential apartments.
Minutes – August 13, 2008 – Commissioner Salling motioned to approve the minutes. Seconded by Commissioner Pieragostini. Motion carried unanimously.
Hattertown, LLC: Mr. Sibley discussed correspondence from the Attorney General’s office regarding Hattertown, LLC. Commissioner Peters reviewed the letter. Copies were distributed to the commissioners.
Road Ordinance: Commissioner Peters stated that she has not yet had an opportunity to discuss the Road Ordinance with Joe Hovious.
Commissioner Pieragostini motioned to adjourn at 9:30 p.m. Seconded by Commissioner Kotch. Motion carried unanimously.
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