Inland Wetlands Commission
DRAFT MINUTES
Regular Meeting
September 24, 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, Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:30 p.m.
Violations - No violations were discussed.
Pending Applications
#08-30 Peter Gold, 20 Butterfield Road. Application related to the removal of a violation.
Commissioner Peters suggested that the applicant withdraw the application since there is not enough time or information provided for the commissioners to make a decision. The applicant can reapply within 30 days and have the fees waived. It was suggested that the applicant have a soil scientist mark the edge of the wetlands and that a civil engineer design an appropriate drainage system. A demarcation area (buffer or fence) was suggested at the wetlands boundary to prevent future disturbance. Commissioner Pieragostini suggested a rain garden between the pond and the lower lawn. Also, it was suggested that the drain pipe that flows into the pond be cut back so the water flows into a rain garden and not directly into the pond. Mr. Gold withdrew this application and agreed to
re-submit a new application within a month. The withdrawal letter will be given to the Land Use office by 9/25/08.
#08-35 Doris Hanley, 3 Fox Run Lane South. Application related to the removal of a violation.
Commissioner Kotch motioned to approve with standard conditions A, B, and C. Motion seconded by Commissioner Pieragostini. Motion carried unanimously.
#08-36 Lewis Gotch, 18 Bridge End Farm Lane. Application related to the removal of a violation.
Mr. Gotch was present to discuss the activities on his property, including the leveling out of a hill to create a lawn and enlarging an existing stone retaining wall. Commissioner Peters discussed buffers and vegetation and requested that the applicant provide a detailed plan to include activities already completed and future plans for mitigation. Applying for a permit from First Light was also discussed. Plans for the pool and boat lift will be removed from the map and the applicant will apply for them separately when they are ready. The commissioners will visit the site.
#08-38 James Walsh, 32 Berkshire Road & 4 Toddy Hill Road (abutting property). Application for activities within a regulated area.
Rebecca Adams was present to discuss the application and provided an overview of what their plans entail, including maintenance plans of two existing storm drains, the paving of the access driveway, the re-directing of storm water, and the restoring the road’s width to original plans.
Steve Trinkaus, Professional Engineer from Southbury, presented the plans. He discussed the changes in the original berm and the gradual encroachment into the wetlands. The encroachment area is currently stabilized with dense vegetation, so he suggested it be left alone. He discussed paving the driveway to control run-off and prevent further erosion into Curtis Brook.
Commissioner Curran noted concerns of oil that may leak from the trucks. Mr. Trinkaus explained that any oil leaks would be minimal and the proposed water drainage system would filter the run-off naturally before reaching the brook.
Commissioner Kotch asked for clarification regarding the berms and if pervious asphalt would be an option. He asked also if the Commission would be assured there would not be a continuation of encroachment into the wetlands. Mr. Trinkaus went over the plans and stated that pervious asphalt would not be applicable to this site. The applicant will also have the wetlands marked.
Commissioner Peters asked if any invasive plants were found on the property. Mr. Trinkaus stated they have not seen any.
Commissioner Salling asked about the rotation of mulch piles and also noted concerns over future encroachments. Mr. Trinkaus explained the rotation of the material and areas of operation and discussed prevention of future encroachments.
Mr. Sibley stated that the applicant must get a letter of permission from the Pootatuck Land Company regarding mitigation work that would be done on their property. He also asked if the piping on the northerly side of the Berkshire Road property be redirected to the other side of the road so it flows farther away from stream. He asked if the applicant would provide a maintenance plan for the catch basins, if the plans show the amount of disturbance (square footage), and if there are any static piles of mulch. He also asked if the applicant would address the disturbance on the southerly portion of the property boundary lines between the 32 Berkshire road and northerly section of Toddy Hill Road property. He would also like details on plans regarding the storage of material and machinery. Mr.
Sibley noted concerns regarding vehicle maintenance and mechanical activity witnessed on the property.
Mr. Trinkaus explained the how they process the mulch and constantly rotate the stock since it’s financially practical to prevent decomposition. He also explained the types of dyes that are used to color the mulch. Mr. Sibley asked if they would detail their maps to show specific area of activities. The applicant will return with updated plans.
#08-39 William Burbank, 2 Old Green Road. Application related to the removal of a violation.
Mr. Burbank was present. Commissioners have been to the property. Mr. Burbank stated that he would like to keep the pond. The pond was dredged out and material spread, but there was no filling of wetlands. Commissioner Peters discussed the amount of wetlands that need to be restored. Mr. Sibley asked the applicant to provide a master plan detailing his plans to finish the work and a maintenance plan for the pond area. He requested the applicant not to expand the pond any further. Mr. Burbank will return with detailed plans.
#08-40 Richard Halpern, 25 Brook Bridge Drive. Application related to the removal of a violation.
Mr. Halpern was present. He discussed a history of cleaning out garbage and debris from the brook and that he has trimmed overgrown foliage and removed some downed trees from a tornado. Mr. Sibley confirmed that the violation was for the removal of vegetation and trees. Mr. Halpern stated he was not aware of any issue with vegetation removal and stated he was not prepared. Mr. Halpern will return with information. The commissioners will visit the site.
#08-41 Barry & Tami Zorzanello, 324 Great Quarter Road. Application related to the removal of a violation.
Tami Zoranello was present to discuss the installation of a retaining wall that replaced an old rotted wooden retaining wall that failed and caused erosion. Commission Peters asked the applicant to provide plans for the work that has been done. The commissioners will visit the site.
#08-42 Carter Dinkeloo, 163 Lakeview Terrace. Application related to the removal of a violation.
Item was tabled as per Mr. Dinkeloo’s request.
#08-43 Michael Burton, 12, 16a, 18, 20, 20a Washington Avenue. Application related to the construction of residential apartments.
Public Hearing is set for October 8, 2008.
#08-44 Thomas & Sheila Stickles, 65 & 67 Mt. Pleasant Road.
Mr. Stickles was present to discuss the clearing of brush and dead trees that borders Taunton Lake. He discussed that there was a dead tree that they begun to take down that had nesting barn owls. The tree was tied off until the owls were gone. Brid Croddock was present to discuss the application. Mr. Sibley stated that the stabilization and drainage related to a driveway that leads to the lake is of concern. The activities related to 65 Mt. Pleasant Road. The home is on 67 Mt. Pleasant Road. They received a planting list from Ann Astarita. Ms. Croddock discussed planting plans. Mr. Stickles explained that the gravel driveway is actually an access way to the septic system. Mr. Sibley noted that some PVC pipes, used for drainage, is causing some erosion and is
concerned that further vegetation removal may cause more severe issues. Mr. Stickles stated his willingness to do whatever the commission deems necessary. Ms. Croddock is concerned about getting the plantings in before winter. Mr. Sibley stated that he will sign-off on planting plans outside of the regulated area. The commissioners will visit the site.
Aquifer Protection Review
APR #08-01 Pootatuck Rentals, LLC, 107 Church Hill Road.
Mr. Sibley stated that the disturbance of the aquifer is minimal. The aquifer infiltration rates will increase due to the engineering. There will be a positive impact. Commissioner Pieragostini motioned that the application be approved as to having no significant impact. Seconded by Commissioner Kotch. Motion approved unanimously.
Other Business (Training)
Segment III Update: Ms. Hazen collected the Segment III registrations from the commissioners and will schedule their training sessions.
Commissioners Educational Program: Commissioner Peters noted that it has been recommended that the Commissioners sign up for a Commissioners Educational Program scheduled for March 28th, 2009 that will be held at Wesleyn University and hosted by the CT Bar Land Use Section.
Acceptance of New Applications
Minutes – September 10, 2008 – Commissioner Pieragostini motioned to approve the minutes. Seconded by Commissioner Kotch. Motion carried unanimously.
Commissioner Salling motioned to adjourn at 9:50 p.m.
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