Inland Wetlands Commission
DRAFT MINUTES
Regular Meeting
December 10, 2008 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Pieragostini, Kotch and Curran
Staff Present: Rob Sibley, Deputy Director, Ann Astarita, Wetlands Enforcement Officer, Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:33 p.m.
Show Cause Hearings
Vio #08-34 Pearson, 56 Elm Drive. Ann Astarita was present to discuss a violation related to the clearing along a stream bank that has caused erosion. The violation was issued on May 7, 2008 and resulted in a Cease and Desist issued on December 1, 2008. There are two $250.00 fines. There are erosion issues and the applicant is seeking assistance from Trout Unlimited for restoration. A grant cannot be given if there is an outstanding violation, which needs to be lifted before moving forward for restoration. Mr. Pearson stated his case and believed there to be a statute of limitations. Commissioner Peters explained that there is no statute of limitations with regards to wetlands regulations. Mr. Pearson was asked to submit an application prior to the January 14th meeting.
Violations
Vio #08-81 Miranti, 199 Great Quarter Road. Ann Astarita provided an overview of a violation issued to the Miranti’s on damage done to a brook and wetland area behind their property on property owned by the Mangieri’s (319 Berkshire Road). The brook was dammed in several places, tarps have been placed at the bottom of the brook, pipes have been installed, and trees and vegetation have been cleared. Circumstantial evidence shows a heavily traveled trail that leads from the affected area to a shed on their property. There is also a great deal of damage on the Miranti’s property where debris has been dumped over a bank and into the brook. Commissioner Peters stated that Town Counsel will need to be consulted.
Vio #08-82 Aragones, 3 Boggs Hill Road. Item not discussed.
Commissioner Pieragostini motioned to add Violation #08-78 to the Agenda. Commissioner Kotch seconded the motion stating that the item should be placed last on the agenda. Motion carried.
Vio #08-78 Norman Nagy, 38 Cold Spring Road. Mr. Nagy was present. Ms. Astarita reviewed this violation issued October 23, 2008 regarding clearing of trees and vegetation adjacent to the Pootatuck River. Mr. Nagy was issued a $350.00 since this was the second violation issued. Mr. Nagy stated the first violation was regarding adjacent property owned by Nagy Brothers. Mr. Nagy described damage done by beavers and stated that he would like work with the Town and DEP to dredge the pond prior to restoring the shoreline. Commissioner Peters stated that Mr. Nagy needs to submit an application for the work already completed and then submit a subsequent application for additional work he wants to complete. The commission cannot walk the site until an application is filed.
Pending Applications
#08-46 Doug McLennan, 25 Poor House Road. Application related to the removal of a violation.
Mr. McLennan was present. The commissioners have walked the property. Due to time limits, Mr. Sibley suggested the applicant withdraw the application. The commission will consider waiving the fee if the application is submitted prior to January 14th. Mr. Sibley noted that during the site walk, the Commissioners took notice that activities on the property were much more extensive than originally explained. The applicant is to submit detailed plans for mitigation. A letter of withdrawal was submitted.
#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 presented a planting plan. The stock pile will be removed from the wetlands area and two stacked block retaining walls will be installed. A split rail fence will demarcate the wetlands. The wetlands will be allowed to re-grow. Commissioner Curran motioned to approve the application with standard conditions A, B, C, and:
1. The approved plan for the development is “Wetland Restoration and Site Grading Plan for 52 Nearbrook Drive, Newtown, CT Dated 10/8/08” and associated detail plans.
2. A split rail fence will be constructed along the borders of the wetlands.
Commissioner Kotch seconded the motion. Motion approved unanimously.
#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. Commissioner Salling motioned to approve the application with standard conditions A, B, C, and:
1. The approved plan for the development is “Black Bridge Farms, # 8 Farm Field Ridge Road, Newtown, CT Dated revised 10/8/03”.
2. The applicant will record on the title deed of the property, the conditions of approval and submit a copy to the wetlands agent within 90 days of approval.
Commissioner Pieragostini seconded the motion. Motion approved unanimously.
#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.
Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, and:
1. The approved plan for the development is “Site Plan, 38 Eden Hill Road Newtown, CT Dated Revised 10/21/08” and associated detail plans.
Commissioner Salling seconded the motion. Motion approved 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. Commissioner Kotch motioned to approve the application with standard conditions A, B, C, and:
1. The approved plan for the mitigation is “Pine Tree Planting, Albert and Vincenza Bonamici, 37 Tunnel Road Newtown, CT” and associated detail plans.
2. The applicant will complete the plantings within 9 months of the approval.
3. The applicant will refrain from removing any vegetation and creating any disturbances along the brook, unless approvals are received by this commission. This includes but is not limited to discharge of storm water, dumping of landscaping materials and cutting of trees.
Commissioner Curran seconded the motion. Commissioner Peters abstained. Motion approved unanimously.
#08-52 Claris Construction, 352 South Main Street. Application related to the construction a dairy distribution center.
Bill Carboni from Spath-Bjorklund Associates, P.C. in Monroe, CT presented detailed plans and for a new dairy distribution center, provided photographs and explanation of the condition of the site as it exists. One existing building will be removed and a new building will be built. A gallery system will treat water before it is discharged off-site and the man-made pond will be filled in. Concrete that had been buried will be broken up to allow water to infiltrate. A great deal of debris, machinery and vehicles have already been removed from an area in the back that was used as a dumping ground. Mr. Carboni stated that the applicant’s plan to renovate this site will not only improve the appearance of the site, but the groundwater quality as well. Commissioners will visit the site.
#08-53 William Burbank, 2 Old Green Road. Application related to the removal of a violation.
Mr. Burbank was present to discuss his application. Commissioner Curran motioned to approve the application with standard conditions A, B, C, and:
1. The approved plan is “Data Accumulation Plan, William A. Burbank and Susan Burbank, 2 Old Green Road, Newtown, CT, dated 5/29/08”.
Commissioner Pieragostini seconded the motion. Motion approved unanimously.
#08-54 Sebastian & Carla DeOliveira, 118 Currituck Road. Application related to the removal of a violation.
Mr. DeOliveira was present to discuss his application. Ann Astarita provided an overview of the violation that includes the clearing of an area along a brook. The applicant explained that part of the area was cleared for the installation of an AT&T power line. The commission asked the applicant to provide an A2 survey with the power line designation. Although erosion controls are now in place, mitigation plans for a vegetated buffer need to be submitted. The commissioners will walk the site.
Aquifer Protection
#08-43 Michael Burton, 12, 16a, 18, 20, 20a Washington Avenue. Application related to the construction of six buildings.
Commissioner Pieragostini motioned to approve this application with a finding of no significant impact. Motioned seconded by Commissioner Curran. Motion approved unanimously.
Other Business
2009 Meeting Dates – Commissioner Kotch motioned to accept the 2009 meeting schedule. Seconded by Commissioner Salling. Motion carried unanimously.
Acceptance of New Applications
#08-55 Matthew Capozziello, 235 South Main Street. Application related to the removal of a violation. (Vio #08-62)
#08-56 Ed Mackey & Sons, Inc., 17 Botsford Hill Road. Application related to the removal of a violation. (Vio #08-18)
#08-57 William Donovan, 37 Beechwood Drive. Application related to the removal of a violation. (Vio #08-80)
#08-58 Acme Realty (Ed Falkenberg), 164 Mt. Pleasant Road. Application for a new office/retail building.
#08-59 Hattertown, LLC, 22 Hattertown Road. Application for a four lot subdivision.
Approval of Minutes
Commissioner Pieragostini motioned to approve the minutes of November 12, 2008, as amended. Seconded by Commissioner Kotch. Commissioner Peters abstained. Motion carried unanimously.
Commissioner Kotch motioned to adjourn at 10:05 p.m.
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