Inland Wetlands Commission
DRAFT MINUTES
Regular Meeting
November 12, 2008 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Salling, Pieragostini, Kotch, Curran and Gillingham
Staff Present: Tammy Hazen, Clerk and Ann Astarita, Wetlands Enforcement Officer
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Commissioner Salling opened the hearing at 7:30 p.m.
Violations - No violations were discussed.
Ann Astarita, Wetlands Enforcement Officer, was present for two Show Cause Hearings.
Violation #08-73 - 63 Taunton Lake Road – No representation present. Item was tabled.
Violation #08-18 - 17 Botsford Hill Road – No representation present. Ms. Astarita discussed a concern for safety with this application. Sharp metal debris has been found in an eight foot pit in a brook. There has been no response to telephone calls or a certified letter. Commissioner Salling noted that legal council should be alerted to the situation and Commissioner Pieragostini felt there should be retroactive fines. Mr. Sibley will be consulted about this as well.
Public Hearings
#08-43 Michael Burton, 12, 16a, 18, 20, 20a Washington Avenue. Application related to the construction of six buildings.
Atty. Christopher Smith from Shipman & Goodwin in Hartford CT was present and introduced Michael Burton, Alan Shepard, P.E. with Nowakowski, O'Bymachow & Kane in Shelton, and Jim McManus, Certified Professional Soil Scientist with JMM Wetlands in Newtown. Maps and plans were presented and questions were answered.
Commissioner Pieragostini motioned to close the hearing. Seconded by Commissioner Kotch. Motion approved unanimously.
Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, D, E, F, H, L, N, and:
1. The approved plan for the development is dated revised 10-31-08 Michael Burton 12, 16a, 18, 20, 20a Washington Avenue and associated detail plans for the River Walk..
2. The driveway 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 ‘Limit of Disturbance’ as shown on site plans.
3. The applicant shall create the Best Maintenance Practices’ as proposed. These maintenance requirements shall be reviewed and approved by the Wetlands Agent prior to recording.
4. The applicant will install a split rail fence or suitable replacement prior to the issuance of a building permit, along the demarcated ‘Limit of Disturbance’ lines. The exact location and type of fence is to be approved by the Wetlands Agent.
Motion seconded by Commissioner Curran. Motion approved unanimously.
Pending Applications
#08-46 Doug McLennan, 25 Poor House Road. Application related to the removal of a violation.
Not present. Item tabled.
#08-47 Mike Burton, 12 Washington Avenue & 102 Church Hill Road. Application for the construction of a path and footbridge over the Pootatuck River.
Commissioner Curran motioned to approve with standard conditions A, B, and C. Seconded by Commissioner Pieragostini. Motion approved unanimously.
#08-48 Manual A. Esteves, Jr., 52 Nearbrook Drive. Application related to the removal of a violation.
Bill Carboni from Spath-Bjorklund Associates, P.C. in Monroe, CT was present to discuss the remediation of a wetlands violation. Several agencies in town are aware of a foundation that was put in without permits. Jim McManus, Soil Scientist from Newtown, CT, prepared a soil evaluation and list of recommendations. A stock pile of material was placed within 44 square feet of wetlands. Mr. McManus’ recommendations were listed, include the removal of the pile, restoring the wetlands to original conditions and creating a ten foot wide buffer. Low walls are proposed around existing maple trees. The commissioners also asked questions about the existing sump pump that is draining into the wetlands. The commissioners will visit the site.
#08-49 John Matz & Maureen Honychurch-Matz, 8 Farm Field Ridge Road. Application related to the construction of a single family residence.
Mr. and Mrs. Matz were present to discuss their application. They have a previously-approved permit but have reached the five year mark. They are looking to renew their permit as originally submitted. The commissioners will visit the site.
#08-50 Russell Lalli, 38 Eden Hill Road. Application for activities within a regulated area.
Bill Carboni from Spath-Bjorklund Associates, P.C. in Monroe, CT was present to discuss this application and asked that the fee be waived since they are returning with additional required information from a previous application. He submitted a wetlands report, completed by William Kenny Associates of Fairfield CT, which suggested there would be no adverse impact to the wetlands. Mr. Kenny’s recommendations were discussed. The commissioners will visit the site.
Commissioner Kotch motioned to waive the application fee. Seconded by Commissioner Pieragostini. Motion carried unanimously.
#08-51 Vincenza Bonamici, 37 Tunnel Road. Application related to the removal of a violation.
Mr. and Mrs. Bonamici were present to discuss their application. Ann Astarita provided background on the violation, including the clearing of trees and shrubs within one hundred feet of a watercourse. There were vehicles and equipment parked in the area of clearing. The commission recommends the remediation of the area and suggested the applicant submit a planting plan for a buffer and demarcation of the wetlands. There was also a concern over several pipes directing water run-off into the brook. Mr. Sibley will be consulted. The commissioners will visit the site.
Other Business
Violation #08-74 - 12 Schoolhouse Road. Ms. Astarita provided a brief overview of a violation regarding a discharge of 20,000 gallons of water from a pool into two catch basins that flow into a wetland area. A violation and a fine of $350.00 had been issued. The discharge included eggs and tadpoles. Jay Maher, 9 Glover Avenue, was present to discuss the violation and asked for the violation it to be reviewed and for the fee to be reconsidered. The commissioners support the Wetlands Enforcement Officer’s decision.
Violation #08-78 – 38 Cold Spring Road. Mr. Norman Nagy was present to discuss this violation. Ms. Astarita discussed the violation regarding the removal of trees and understory from the area adjacent to the Pootatuck River. This is the second time she has spoken to Mr. Nagy regarding wetlands violations. The first was regarding Nagy Brothers Construction. Mr. Nagy had stated that the trees were damaged by beavers.
2009 Meeting Dates -
Acceptance of New Applications
Minutes – October 22, 2008 – Commissioner Salling motioned to approve the minutes as amended. Seconded by Commissioner Pieragostini. Motion carried unanimously.
Commissioner Salling motioned to adjourn at 9:38 p.m. Seconded by Commissioner Pieragostini.
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