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IW 9-10-08 Minutes


Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
September 10, 2008 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut

Present:  Peters, Salling, Kotch, Pieragostini, Curran and Clancy
Staff Present: Rob Sibley, Deputy Director Land Use Agency,
Ann Astarita, Wetlands Enforcement Officer, Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:30 p.m.

Violations - No violations were discussed.

Pending Applications

#08-28  Daniel O’Donnell, 72 Edge Lake Drive.  Application related to the removal of a violation.

Mr. O’Donnell was present to discuss his application related to the building of a retaining wall. Commissioner Pieragostini motioned to approve the application with standard conditions A, B and C.  The motion was seconded by Commissioner Salling.  Motion approved unanimously.

#08-30  Peter Gold, 20 Butterfield Road.  Application related to the removal of a violation.

Mr. Gold was present to represent his application.  Mr. Bond, the excavator for the project, was also present.  Ann Astarita, Wetlands Enforcement Officer, provided an overview of the violation regarding erosion and sediment control issues and the lack of response by the applicant.  Mr. Sibley asked questions regarding the application and the confusion about the signatures.  Commissioner Peters asked about the placement of the garage - in relation to the pond - and if there are wetland soils involved.  Mr. Sibley stated the garage is about 150-160 feet away and that the original application did not require the applicant to order a wetland survey.  Mr. Sibley noted his concerns were more over the lack of response from the applicant and the water run-off into the wetlands area.  There were concerns raised about Mr. Gold installing water drains without a wetlands permit.  Commissioner Salling asked about the diversion of water and if water was being held.  Ms. Astarita stated that there are now two catch basins in the driveway with no treatment system.  The commissioners are concerned that there is no treatment of the water before it flows into the pond.  The commissioners and Mr. Sibley will visit the site.  A decision will need to be rendered during the next meeting.   Commissioner Peters requested Mr. Gold to be in contact with Mr. Sibley before the next meeting or the application can be denied due to time constraints.

#08-32  Michael Burton, 107 Church Hill Road.  Application related to the building of an addition.

Michael Burton, 7 Glen Road, was present to discuss his application.  Commissioner Kotch motioned to approve the application with standard conditions A, B, C, L, and:

1.      The approved plans for the development are: Site Plan Prepared for Betts Square 107 Church Hill Road Dated Revised August 18, 2008 and supporting materials.
2.      The applicant will submit annual storm water maintenance reports to the Wetlands Agent as outlined in the engineering drainage report.

The motion was seconded by Commissioner Curran.  Motion carried unanimously.

#08-34  Taunton Hill Road, LLC, 44 Taunton Hill Road.  Application related to the removal of a violation.

Commissioner Clancy motioned to approve the application with standard conditions A, B, C, and:


1.      The approved plan for the development is: Wetlands Restoration Plan for 44 Taunton Hill Road Dated Revised September 5, 2008 and supporting materials.

The motion was seconded by Commissioner Pieragostini.  Motion approved unanimously.

#08-35  Doris Hanley, 3 Fox Run Lane South.  Application related to the rebuilding of a stone wall.

This item was tabled.

#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 discussed revised plans responding to previous concerns raised by the commission.  He discussed the removing of fill, the widening and mowing of a buffer, and explained the fertilization of the lawn. He noted that water quality testing, as brought to light by Commissioner Pieragostini, would be difficult because catch basins on Equestrian Ridge Road discharge water from a subdivision into the river.  The commissioners shared concerns about the water quality and discussed the possibility of water testing options.  Ms. Astarita asked if it would be beneficial for the commission to hire an expert.  Commissioner Peters stated that because there are so many variables, an expert may not get meaningful data and that it would need to be an extensive long-term study.  Commissioner Salling asked why the applicant needs to fertilize at all.  Mr. Sabin stated that because of equestrian use, the lawn requires a dense turf to carry the loads and feels that the buffer should be effective.  The commission discussed maintaining and the monitoring of the buffer.  Mr. Travis stated that the issues with the Town’s draining system should be looked into.  

Commissioner Curran motioned to approve the application with standard conditions A, B, C, and

1.      The approved plans for this application is 7 Equestrian Ridge Road, Newtown, CT, Plan Prepared for Bruce and Kim Travis, Dated Revised September 7, 2008.
2.      The applicant will incorporate all recommendations of the letter from Dirk Sabin dated September 6, 2008.

#08-38  James Walsh, 32 Berkshire Road.  Application for activities within a regulated area.

Applicant asked for the item to be tabled.  

#08-39  William Burbank, 2 Old Green Road.  Application related to the removal of a violation.

Applicant not present.  Item tabled.

#08-40  Richard Halpern, 25 Brook Bridge Drive.  Application related to the removal of a violation.

Applicant not present.  Item tabled.

#08-41  Barry & Tami Zorzanello, 324 Great Quarter Road.  Application related to the removal of a violation.

Applicant not present.  Item tabled.

#08-42  Carter Dinkeloo, 163 Lakeview Terrace.  Application related to the removal of a violation.

Mr. Dinkeloo was present to discuss his application regarding the rebuilding of a retaining wall at the waters edge. The commissioners will visit the site.

#08-43  Michael Burton, 12, 16a, 18, 20, 20a Washington Avenue.  Application related to the construction of residential apartments.

Commissioner Peters motioned to set a public hearing for October 8, 2008.  The motion was seconded by Commissioner Kotch.  Motion approved unanimously

Other Business

Gary Pearson was present to discuss a violation letter he received which will be discussed during the next meeting.

The commissioners discussed the change of schedules for site walks.  They will be done on Monday and Tuesdays of the week prior to a meeting.

Acceptance of New Applications

#08-44  Thomas & Sheila Stickles, 67 Mt. Pleasant Road.  

Minutes – August 27, 2008 Commissioner Salling motioned to approve the minutes.  Seconded by Commissioner Kotch.  Commissioner Curran abstained.  Motion carried.

Commissioner Pieragostini motioned to adjourn at 9:30 p.m.