Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
February 25, 2009 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Kotch, Pieragostini and Curran
Staff Present: Rob Sibley, Deputy Director Land Use Agency
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Commissioner Peters opened the hearing at 7:30 p.m.
Pending Applications
#08-59 Hattertown, LLC, 22 Hattertown Road. Application for a four lot subdivision.
John McCoy, JFM Engineering, reviewed updated plans and addressed concerns expressed in Jim McManus’ report. Mr. McCoy feels that the current plans will have no negative impact to the wetlands.
Henry Moeller, Soil Scientist, 159 Hulls Hill Road in Southbury, commented on his findings and on Jim McManus’ report. The applicants answered questions from the Commissioners concerning wetlands impacts, the drainage systems and analysis, and erosion controls.
Camille DeGalan from Chipman, Mazzucco, Land and Pennarola, LLC, asked if the application can be extended to the next meeting to give the Commission and staff time to review the material.
Commissioner Kotch motioned that the application be extended until the next meeting of Inland Wetlands Commission scheduled for March 11, 2009. Commission Pieragostini 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)
Gregg Reinhart was present to discuss this application. He amended plans to show a buffer zone along the lake and along the edge of a creek. The applicant will work with Mr. Sibley on a specific planting plan.
#08-62 Doug McLennan, 29a Poorhouse Road. Application related to the removal of a violation. (Vio #08-67).
Mr. McLennan was present to discuss his application and information detailing the pond dredging, movement of material, vegetative plantings and repair of the spillway.
Commissioner Pieragostini motioned to approve the application with standard conditions A, B, and C. Commissioner Kotch seconded the motion. Motion approved unanimously.
#08-63 Edward Lundblad, 155 Lakeview Terr. Application for removal of trees & installation of timber wall.
Item tabled.
#08-64 Donna Cleary, 83 Algonquin Trail. Application related to the removal of a violation. (Vio #08-54)
Ms. Cleary was present to discuss this application. Mr. Sibley discussed the activities regarding the repairs to a retaining wall along Lake Zoar. Ms. Cleary said the work was done prior to her ownership. Mr. Sibley noted that the Commission is concerned over the maintenance of the buffer area. Ms. Cleary said the area is steep and will not be mowed. The Commission discussed allowing the area to return to its natural state.
Commissioner Curran motioned to approve the application with standard conditions A, B, and C and that the vegetation in the area in question be allowed to grow back naturally. Commission Pieragostini seconded the motion. Motion approved unanimously.
#08-65 Gary & Margaret Pearson, 56 Elm Drive. Application related to the removal of a violation. (Vio #08-34)
Mr. Pearson was present and explained that he is seeking assistance from Trout Unlimited with restoration of the banks along the brook. They may have lost about 4 feet 8 inches of bank due to severe rain storms. The Commissioners noted concerns over the erosion of the banks and discussed the channel going back to a natural state. Mr. Pearson asked to have the fees waived but Commissioner Peters said the current fee stands but fees for a future mitigation application can be waived.
Commissioner Pieragostini motioned that the applicant only address the disturbance on the far side stream bank and consider only the garden and seasonal cutting for lawn on the far side stream bank. It is also recommended that the applicant not engage in any stream bank restoration or reinforcement unless part of a separate restoration application. It is recommended that the application be approved with standard conditions A, B, and C. Commissioner Kotch seconded the motion. Motion approved unanimously.
#09-01 Charles Botsford, 177 Brushy Hill Road. Application related to the removal of a violation. (Vio #09-03)
Mr. Botsford was present to discuss his application. Commissioner Peters noted that the trailers should be moved away from the wetlands and discussed concerns about debris that was dumped into the wetlands. Mr. Sibley stated that clippings can no longer be dumped in the wetlands. Mr. Botsford said he will move the trailer 15 to 20 feet away from the wetlands. Commissioner Kotch asked that a buffer be placed along the wetlands border.
Commissioner Curran motioned to approve the application with standard conditions A, B, C and that the applicant address the materials being placed within the wetlands, that the trailer be moved, and there be no more dumping in the area behind the two structures. Motion seconded by Commissioner Kotch. Motion approved unanimously.
#09-02 Norman Nagy, 38 Cold Spring Road. Application related to the removal of a violation. (Vio #08-78)
Applicant was not present.
#09-03 Simm Lane, LLC, 3-6 Simm Lane. Application related to the removal of a violation. (Vio #06-20)
Gaylan Semprebon, P.E., VP of Design Professionals, 425 Sullivan Avenue, South Windsor, CT, was present and noted that a tenant renting the rear storage yard has dumped debris into the wetlands and on neighboring property. They have had a site survey completed and wetlands were flagged by a soil scientist. A contract was prepared and waiting for CL&P approval. Fill will be removed from the wetlands and he is expecting a mitigation plan from the soil scientist.
The Commissioners expressed concerns over vehicles, tractor trailers, old boats, storage buildings and a great deal of debris in the area. Mr. Sibley said the application only addresses a wetlands disturbance on CL&P property and noted the site has become severely neglected and abused and that the disturbance extends at least 60 feet onto private property. He displayed a 2002 aerial view against one taken one year ago. The extent of disturbance on their own property should be addressed as well. Mr. Sibley asked the applicant to revise the plans to show the removal of machinery and dumpsters (unless it is associated with current activity) as well as the removal of all debris (pipes, concrete, glass, dumpsters, garbage, etc.) or withdraw and resubmit with no waiver of fees. If the applicant
wants to continue operations as is, they will need to submit plans for storm water controls, a wetlands functionality report and an impact study.
Mr. Semprebon thought the current plans covered what was expected, but now understands what the Commission is asking. Mr. Sibley stated that other agencies in the Town are concerned over the site. Commissioner Peters discussed the State’s Aquifer Protection mapping, and that environmental scientists and engineers are currently monitoring wetlands just south of this site. Mr. Semprebon stated that he will convey all information to the owners of the property.
#09-04 Robert Mayer, 48 Pine Tree Hill Road. Application for the construction of a single family dwelling.
Item tabled.
Other Business
Acceptance of New Applications – no new applications.
Approval of Minutes
Commissioner Pieragostini motioned to approve the minutes of February 25, 2009. Seconded by Commissioner Curran. Motion carried unanimously.
Road Ordinance – Commissioner Peters discussed rescheduling a meeting. Mr. Sibley spoke with Fred Hurley and Ron Bolmer who said they cannot meet until the budget is set and the referendum has been approved.
DEP – Mr. Sibley discussed the DEP training for agents that he and Ann Astarita attended. The State is currently amending its training for Agents and Commissions. Legislature is beginning to recognize that agents should have a certification associated with their position and have set up agent meetings for the next couple of years to review what is needed. The DEP is low on staff and Legislature is viewing how local agents can be certified, changing the flexibility of their authority.
CAWS – Mr. Sibley and George Benson will be attending CAWS’s Annual Meeting.
Vernal Monitoring Program – Mr. Sibley noted that the Vonas have signed the Vernal Monitoring Program which is the first one in Fairfield County.
Commissioner Pieragostini motioned to adjourn the meeting.
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