Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
January 14, 2009 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Pieragostini, and Curran
Staff Present: Rob Sibley, Deputy Director, Ann Astarita, Wetlands Enforcement Officer, Tammy Hazen, Clerk
--------------------------------------------------------------------------------------------------------------------------------------------------
Commissioner Peters opened the hearing at 7:30 p.m.
Election of Officers
· Commissioner Pieragostini motioned to nominate Ann Peters and Chairperson. Motion seconded by Commissioner Salling. Motion approved unanimously.
· Commissioner Curran motioned to nominate Sharon Salling as Vice-Chair and Katja Pieragostini as Secretary. Motion seconded by Commissioner Peters. Motion approved unanimously.
· Commissioner Peters motioned that the staff continue to be Rob Sibley, Inland Wetlands official, Tammy Hazen, Clerk, and Ann Astarita, Wetlands Enforcement Officer for the commission. Motion seconded by Commissioner Curran. Motion approved unanimously.
· Commissioner Pieragostini motioned that there be no changes to the current fee schedule. Commissioner Peters seconded the motion. Motion approved unanimously.
Show Cause Hearings
Vio #08-76 Stephen & Lisa Marlin, 24 Alpine Circle. Ann Astarita, Wetlands Enforcement Officer, provided a recap of this violation and subsequent Cease and Desist. She stated that Mr. Marlin has had ample opportunity to file an Inland Wetlands permit or receive a Cease and Desist Order.
Mr. Marlin stated that he was confused about the process and thought he wasn’t able to submit an application due to the fact that he was told that he couldn’t do what he wanted to do. He then asked for a variance. Commissioner Peters explained that there are no variances with wetlands regulations and that an application is required in order to proceed with the mitigation process. Mr. Sibley suggested that the applicant contact a soil scientist. He was also advised to seek guidance from and remain in contact with the Land Use Staff and that he should plan to appear before the Commission during the February 25th meeting. In order to maintain the regular application fee schedule and avoid additional fines, Mr. Marlin must submit the application before the February 11th meeting. The show cause hearing will remain open.
Pending Applications
#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, Connecticut reviewed modified plans to the proposed drainage system. He explained that the M-Cubed property that abuts the applicant’s property is currently dealing with a failed septic system. Marcus Dairy will grant the owner of the property an area for their new septic area, which will ultimately benefit the wetlands in the area. The new drainage plans will also allow for more water from Route 25 to be treated through Marcus Dairy’s detention systems. Commissioner Peters stated that this application will improve the poor-quality wetlands that currently exist. Mr. Carboni also stated that the site will be more aesthetically attractive.
Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, E, and
1. The approved plan for the development is “Special Exception” 352 South Main Street, Newtown, CT, Dated revised 1/14/09”.
The motion was seconded by Commissioner Salling. Motion approved unanimously.
#08-54 Sebastian & Carla DeOliveira, 118 Currituck Road. Application related to the removal of a violation. (Vio #08-65)
Mr. Andre Montesanto was present in place of Mr. DeOliveira, who is out of the country. An A-2 survey was handed in. Commissioner Salling noted that the commission is waiting for planting plans from the applicant. Mr. Montesanto will contact the DeOliveira’s and find out if a planting plan has been completed and will contact staff with an update. The applicant will return at the next meeting.
#08-55 Matthew Capozziello, 235 South Main Street. Application related to the removal of a violation. (Vio #08-62)
Alan Shepard, Nowakowski-O'Bymachow-Kane, 415 Howe Avenue in Shelton presented plans to repair and restore boulder retaining walls along a pond that is along the front of the house on this property. There have been past water flow issues and the applicant is asking for the approval to complete repairs. Commissioner Salling asked if there will be additional disturbance while completing these repairs. Mr. Shepard noted that they will need machines to move the heavy rocks, but rocks will be hand placed along the stream. Commissioners will visit the site.
#08-56 Ed Mackey & Sons, Inc., 17 Botsford Hill Road. Application related to the removal of a violation. (Vio #08-18)
Mr. Mackey was present to discuss the remediation of damage done by trespassers to the woodland, wetlands and watercourse on his property. Mr. Mackey has agreed to use his own equipment to clean up the debris and fix the damage done along the stream by ATV and motocross activities. He noted that all “no trespassing” signs he puts up are removed within two weeks time by others. As soon as the weather permits, he will fill in the holes, clean up the area, remove debris and grade the area. Any debris removed will be picked up by the Town of Newtown. It was noted that fees should be waived since Mr. Mackey is fixing damage by trespassers. Ann Astarita noted that a notification was sent to all neighbors regarding this matter and that caution tape was put around dangerous areas. Commissioner Salling motioned to waive all fees for this application. Commissioner Curran seconded the motion. Motion carried unanimously.
#08-57 William Donovan, 37 Beechwood Drive. Application related to the removal of a violation. (Vio #08-80)
Gerald Finnegan and William Donovan were present to discuss the mitigation of a buffer along the wetlands on this property. Mr. Sibley discussed the 2004 Inland Wetlands permit #04-47 stating that original conditions required a vegetative buffer and fence to delineate the wetlands. The buffer has since been cleared and mowed to the stream, the fence has been removed and a shed has been placed on the conservation easement portion. The mitigation will need to include the planting of a buffer with shrubs, the removal of the shed, and the replacement of the fence that was removed. It was also noted that there has been extensive ATV use on the easement. Mitigation plans will need to be submitted and the shed will need to be removed as soon as possible. The Conservation Commission will
need to be notified of the issues on the easement.
#08-58 Acme Realty (Ed Falkenberg), 164 Mt. Pleasant Road. Application for a new office/retail building.
Keith Beaver with Didona Landscape Architects Associates, 70 North Street, Danbury, CT, presented planting plans for the site; John McCoy, P.E., 440 Main Street, Ridgefield, CT, presented drainage plans for the project; and Jody Chase, Wetlands Ecologist from Essex, CT, provided an overview of the wetlands and wildlife habitat on the property. The commissioners will visit the site.
#08-59 Hattertown, LLC, 22 Hattertown Road. Application for a four lot subdivision.
Atty. Camille DeGalan from Chipman, Mazzucco, Land and Pennarola, LLC, presented plans that address concerns raised by the Commission from their previous application. John McCoy from J.F.M. Engineering, Inc., 440 Main Street, Ridgefield, CT provided an overview of the plans. Mr. Sibley stated that Jim McManus from JMM Wetlands will supply a report before the next meeting and a decision should be rendered by February 13th. He asked that all questions be sent in prior to the next meeting. Commissioners will walk the site. Mr. Sibley asked if they will supply him with the location of their water sample.
Other Business
Acceptance of New Applications
#08-60 Craig & Debra Molsick, 5 Pootatuck Park Road. Application to repair a sea wall.
#08-61 Gregg Reinhart, 40 Taunton Lake Drive. Application related to the removal of a violation. (Vio #08-66)
#08-62 Doug McLennan, 29a Poorhouse Road. Application related to the removal of a violation. (Vio #08-67)
#08-63 Edward Lundblad, 155 Lakeview Terrace. Application for the removal of trees and installation of a timber wall.
#08-64 Donna Cleary, 83 Algonquin Trail. Application related to the removal of a violation. (Vio #08-54)
#08-65 Gary and Margaret Pearson, 56 Elm Drive. Application related to the removal of a violation. (Vio #08-34)
Ann Astarita asked if the Commission would endorse a workshop that is also being endorsed by the Conservation Commission. The workshop is called “Organic Landscaping and Sustainable Gardening on a Budget”, will be held on Saturday, February 28th from 2:00 pm to 5:00 pm. Speakers include Sara Middeleer and Brid Craddock. Commissioner Peters moved to endorse and support the program. Commissioner Salling seconded the motion. Motion approved unanimously.
Approval of Minutes
Commissioner Pieragostini motioned to approve the minutes of December 10, 2008. Seconded by Commissioner Salling. Motion carried unanimously.
Commissioner Kotch motioned to adjourn at 10:05 p.m.
| 
