Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
February 11, 2009 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Kotch, and Curran
Staff Present: Ann Astarita, Wetlands Enforcement Officer, Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:32 p.m.
Pending Applications
#08-54 Sebastian & Carla DeOliveira, 118 Currituck Road. Application related to the removal of a violation.
(Vio #08-65)
The applicant was not present. It was noted that the Commission has not received a planting plan as requested. Commissioner Kotch motioned to deny this application without prejudice as incomplete. The motion was seconded by Commissioner Salling. Motion carried unanimously.
#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 was present to answer any questions.
Commissioner Kotch asked if they intend to remove silt from the watercourse. Mr. Shepard stated that they will return with another application to do so.
Commissioner Curran motioned to approve this application with standard conditions A, B, C, and
1. The approved plan for the development is “Existing Conditions Map for Newtown Landscaping and Excavating” 235 South Main Street Newtown CT Dated October 15, 2008.
2. This permit only allows for the structural stabilization of the stream walls between the bridges and the work completed on the spillway to date.
Motion seconded by Commissioner Kotch. Motion carried unanimously.
#08-56 Ed Mackey & Sons, Inc., 17 Botsford Hill Road. Application related to the removal of a violation.
(Vio #08-18)
Mr. Mackey was not present. Ms. Astarita noted that there were discussions between Mr. Mackey and staff. A letter was also submitted by Mr. Mackey.
Commissioner Kotch motioned to approve the application with standard conditions A, B, C, on the basis of discussions between Mr. Mackey and Mr. Sibley and a letter stamped received 12/1/08 that was submitted by Mr. Mackey. Commissioner Curran seconded the motion. Motion approved unanimously.
#08-57 William Donovan, 37 Beechwood Drive. Application related to the removal of a violation. (Vio #08-80)
Mr. Donovan was present to discuss mitigation plans. He spoke with Mr. Sibley about creating a natural vegetative buffer along the Conservation line in lieu of installing a fence. The property has been surveyed and surveillance cameras have been installed because of concerns over ATV traffic along his property. Mr. Donovan also noted that he has cleaned up a great deal of debris (including old appliances) that has been dumped within the conservation easement.
Commissioner Salling motioned to approve this application with standard conditions A, B, C, and
1. The approved plan for the development is: “Septic System Design prepared for AGV Enterprises, LLC” 37 Beechwood Drive, Newtown CT Dated revised September 24, 2004.
2. The approved letter for the mitigation is dated January 27, 2009. At least half of the planting will be installed by the end of the first season.
3. The applicant will have the conservation line surveyed prior to any mitigation, a permanent split rail fence or suitable replacement will be placed along this line within 4 months of this approval, and verified by the wetlands agent.
Commissioner Kotch seconded the motion. Motion carried unanimously.
#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, was present to answer any questions. Commissioner Curran motioned to approve this application with standard conditions A, B, C, E, and
1. The approved plan for the development is: “Inland Wetlands Submission for 164 Mt. Pleasant Road”, Newtown CT Dated November 25, 2008 and associated detail plans.
Commissioner Salling seconded the motion. Motion carried unanimously.
#08-59 Hattertown, LLC, 22 Hattertown Road. Application for a four lot subdivision.
Atty. Camille DeGalan from Chipman, Mazzucco, Land and Pennarola, LLC, was present to ask for an extension.
Commissioner Curran motioned to extend the meeting to the next meeting on February 25, 2009. Motion seconded by Commissioner Kotch. Motion carried unanimously. Commissioner Peters suggested the applicants work with staff before the next scheduled meeting.
#08-60 Craig & Debra Molsick, 5 Pootatuck Park Road. Application to repair a sea wall.
Mr. and Mrs. Molsick were present to discuss their application. They were asked to check with Mr. Sibley before they start any patio work.
Commissioner Salling motioned to approve this application with standard conditions A, B, and C. Commissioner Curran seconded the motion. Motion approved unanimously.
#08-61 Gregg Reinhart, 40 Taunton Lake Drive. Application related to the removal of a violation. (Vio #08-66)
Mr. Reinhart was present. The Commission asked the applicant to submit a planting plan to staff prior to the next meeting. He will return at the February 25th meeting.
#08-62 Doug McLennan, 29a Poorhouse Road. Application related to the removal of a violation. (Vio #08-67).
Item tabled.
#08-63 Edward Lundblad, 155 Lakeview Terr. Application for removal of trees & installation of timber wall.
Mr. Lundblad was present to discuss his plans to remove trees and install a timber wall. He will work with staff and present planting plans at the next meeting.
#08-64 Donna Cleary, 83 Algonquin Trail. Application related to the removal of a violation. (Vio #08-54)
Item tabled.
#08-65 Gary & Margaret Pearson, 56 Elm Drive. Application related to the removal of a violation. (Vio #08-34)
The applicant was not present. Item tabled.
Other Business
Acceptance of New Applications
#09-01 Charles Botsford, 177 Brushy Hill Road. Application related to the removal of a violation. (Vio #09-03)
#09-02 Norman Nagy, 38 Cold Spring Road. Application related to the removal of a violation. (Vio #08-78)
#09-03 Simm Lane, LLC, 3-6 Simm Lane. Application related to the removal of a violation. (Vio #06-20)
#09-04 Robert Mayer, 48 Pine Tree Hill Road. Application for the construction of a single family dwelling.
Approval of Minutes
Commissioner Kotch motioned to approve the minutes of January 14, 2009. Seconded by Commissioner Curran. Motion carried unanimously.
Commissioner Peters motioned to add item to the agenda regarding Violation #08-76. Commissioner Salling seconded the motion. Motion approved unanimously. This item will also be added to the next agenda.
Vio #08-76 Stephen & Lisa Marlin, 24 Alpine Circle – Ann Astarita, Wetlands Enforcement Officer stated that
Brid Craddock and Alan Shepard are working with Mr. Marlin on his violation. It was also noted that there is still no application on file although the Commission has given ample time. It was noted that Mr. Marlin stated in front of the Commission that two neighbors told him that he was working within the wetlands. Commissioner Salling feels Mr. Marlin is liable for the fee and that the process should be followed. Commissioner Kotch agreed and noted that the regulations should be followed. Staff will make the applicant aware that the Commission is still waiting for an application and will also remind him that fees increase when the application is late. Commissioner Peters stated that the process to protect the wetlands should be respected. Commissioner Salling stated
for the record that the Commission has a history of being fair handed and non-punitive with fees.
Road Ordinance - Commissioner Kotch asked for an update on the road ordinance. Commissioner Peters stated that the group will reconvene at the end of February.
Membership of the Commission - Commissioner Kotch asked about membership of the Commission. Commissioner Peters stated that Mr. Sibley knows of someone who is interested. The Commission discussed placing an article in The Bee.
Commissioner Salling motioned to adjourn at 9:10 p.m.
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