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IW 10-8-08 Minutes


Inland Wetlands Commission
DRAFT MINUTES
Regular Meeting
October 8, 2008 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut

Present:  Peters, Pieragostini, Curran and Gillingham
Staff Present: Rob Sibley, Deputy Director Land Use Agency, Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:35 p.m.

Violations - No violations were discussed.

Public Hearings

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

Commissioner Pieragostini read the legal notice.   Mr. Sibley stated that the affidavit of mailing has been received.   

Atty. Christopher Smith from Shipman & Goodwin in Hartford CT provided an overview of plans to construct six buildings.  

Mr. Alan Shepard, P.E. provided detailed information on the project plans, including erosion controls, and water drainage.  Although the buildings are not in the flood plain, they will be built four feet above flood elevations. The parking lots will have no curbs.  The plans call for berms, catch basins and water quality basins.  They are working on an access easement.  Commissioner Curran asked about the storm water drainage.  Mr. Shepard provided details on the water quality basins, catch basins and galleries.  The property has been staked.

Jim McManus, Certified Professional Soil Scientist from JMM Wetlands in Newtown, provided a detailed overview of his findings regarding the wetlands.  Atty. Smith asked Mr. McManus for his opinions on three questions.  First, he asked if the regulated activities associated with the proposed site development would have an adverse impact to a wetlands or water courses.  Mr. McManus answered “No”.  He then asked Mr. Manus if the regulated activities associated with this site development satisfy the statutory factors for consideration as provided by Statute 22-8-41 of the CT general statutes.  Mr. McManus answered “Yes they do”.  He then asked if the regulated activities as proposed in this development satisfy the regulatory criteria and standards of the Inland Wetlands regulations of this commission.  Mr. McManus stated “Yes they do”.   

Andy Serfilippi, a Landscape Designer from Bethel, reviewed his plans for the site.  He discussed the re-vegetation of the site and stated that his plans hold to a traditional New England design.  The dominant part of the design will be the pairing up large canopy trees and designing the landscaping to maintain a cozy village feel.

Mr. Sibley asked Mr. McManus about the opportunity to mitigate the existing disturbed area.  Mr. McManus discussed wildlife enhancement plantings and wetland restoration.  Mr. Sibley noted that the tributary (Sandy Hook Brook) is part of a significantly large watershed area and asked the applicant to be sensitivity to the area.  Mr. McManus agreed and noted that the tributary has been effected by erosion and undercutting.  Mr. Sibley asked what the potential pollutants are to be concerned about.  Mr. McManus discussed the treatment of storm water run-off, and noted some concerns are fertilizers and fluids from vehicles.  Mr. Sibley asked if they considered a maintenance policy for tenants that includes lawn care, car maintenance, or storage of materials on site.  Mr. McManus noted they will have a tenant agreement.  Mr. Sibley asked if they checked with the State regarding the Natural Diversity Database.  Mr. McManus stated the State’s main concern is erosion controls along the Pootatuck and noted that there is a plant that grows on the rocks in the Pootatuck River.

Mr. Sibley asked Mr. Shepard to look into the possible use of some curbing in certain areas to protect areas near pedestrian traffic, as long as it doesn’t change the drainage patterns.   He also noted that some sites have used a crushed stone edging along the pavement to eliminate erosion while the grass seeds take hold.  He also asked him questions regarding roof drainage.

Mr. Sibley asked Mr. Serfilippi about habitat restoration and would like him to consider some native plantings.  

Tami Zoranello from 324 Great Quarter Road, asked if the neighboring property with plumbing supplies in the yard affects the waterways in any way and will there be a plan to clean it up.  Mr. Sibley stated that it is not related to this project, but noted that the property has historically been a place where people have dumped their plumbing materials.  The property owner is not currently living there, yet people are still leaving the debris.  

The hearing will be kept open.  The commissioners will visit the site and review the reports and the maps.

Pending Applications

#08-36  Lewis Gotch, 18 Bridge End Farm Lane.  Application related to the removal of a violation.

Mr. Gotch was not present.  Mr. Sibley stated that the application is out of time.  Commissioner Gillingham motioned to deny the application, without prejudice, as being incomplete.  It is suggested that Mr. Gotch reapply with a new application that can be accepted at the next Inland Wetlands meeting.  Fees will be discussed when he returns.  Motion seconded by Commissioner Pieragostini.  Motion approved unanimously.

#08-38  James Walsh, 32 Berkshire Road & 4 Toddy Hill Road (abutting property).  Application related to the removal of a violation.

Steve Trinkaus, Professional Engineer from Southbury, provided an overview of the application. Atty. Rebecca Adams was also present.  Commissioner Pieragostini motioned to approve the applications with standard conditions A, B & C and:

The project called Map Development Feasibility Plan project #008-2008 Dated October 1, 2008 prepared for J. F. Walsh, 32-34 Berkshire Road & 4 Toddy Hill Road, Newtown CT by Trinkaus Engineering

The applicant shall install the 40 foot interval markers of delineation at the point of the wetlands encroachment area north of Curtis Brook.

Motion seconded by Commissioner Curran.  Motion carried unanimously.  

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

The applicant was not present.  Item tabled.  The next meeting is the last meeting for this application.

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

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

Tami Zoranello was present.  Commissioner Pieragostini motioned to approve the application with standard conditions A, B, and C.  Commissioner Curran seconded the motion.  Motion approved unanimously.
#08-42  Carter Dinkeloo, 163 Lakeview Terrace.  Application related to the removal of a violation.

Mr. Dinkeloo was present.  Mr. Sibley provided background on the retaining wall work that has been done on Mr. Dinkeloo’s property along Lake Zoar.  Mr. Dinkeloo discussed additional work he would like to complete on the site.  The commissioners will visit the site.  

#08-44  Thomas & Sheila Stickles, 65 & 67 Mt. Pleasant Road.  

Mr. Stickles was present to discuss his application.  The commissioners have visited the site.  Commissioner Peters discussed the clearing of the brush in two areas of the property.  Mr. Stickles noted that they cut up some fallen trees.  Commissioner Peters also discussed a lawn area that will require a buffer to prevent erosion into the lake.  Mr. Stickles noted that a Civil Engineer is working on a plan.  Mr. Sibley stated that the commissioners are looking for a buffer with natural native plantings.  There was a discussion regarding the application being split into two separate applications. Commissioner Pieragostini asked to be careful of what is stored in the shed.  The commissioners asked if Brid Craddock could re-scale the plan.

#08-45  McEvoy, Eileen.  27 Taunton Lake Road.  Application related to the removal of a violation.

Eileen McEvoy was present to discuss a retaining wall and stone dock along the lake that was installed along the lake without a permit.  The Commissioners will visit the site.  Ms. McEvoy noted that she cannot attend the October 22nd meeting, but will be present on the November 12th meeting.  The applicant’s landscape designer, Christin Witlock from Bethel, was present and noted she will put together a plant list and provide drawings for the commission.

Other Business

Acceptance of New Applications

#08-46  Doug McLennan, 25 Poor House Road.  Application related to the removal of a violation.

#08-47  Mike Burton,  12 Washington Avenue & 102 Church Hill Road.  Application for the construction of a path and footbridge over the Pootatuck River.

Minutes – September 24, 2008 Commissioner Pieragostini motioned to approve the minutes.  Seconded by Commissioner Curran.  Motion carried unanimously.

Commissioner Pieragostini motioned to adjourn at 10:20 p.m.   Seconded by Commissioner Curran.