Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
April 8, 2009 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Pieragostini, and Bryan
Staff Present: Rob Sibley, Deputy Director, Ann Astarita, Wetlands Enforcement Officer and Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:30 p.m.
Pending Applications
#09-02 Norman Nagy, 38 Cold Spring Road. Application related to the removal of a violation. (Vio #08-78)
The item was tabled.
#09-03 Simm Lane, LLC, 3-6 Simm Lane. Application related to the removal of a violation. (Vio #06-20)
Ms. Astarita discussed a letter from Gaylan Semprebon, P.E., VP of Design Professionals, requesting specific instructions for remediation. Ms. Astarita and Mr. Sibley will be drafting a letter to them. The tenants that caused the wetlands violation were asked to leave. The applicant will appear before the Commission on April 22, 2009.
#09-04 Robert Mayer, 48 Pine Tree Hill Road. Application for the construction of a single family dwelling.
Richard Contois from L. Edwards Associates, 227 Stepney Road in Easton, CT, presented updated plans that highlight in orange the area of the driveway that will remain pervious and an area highlighted in green shows the plantings between the pond and driveway. A detailed planting schedule was also included.
Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, and E, and the approved plan for the development is “Alternative 1, Proposed Site Plan prepared for Robert & Laura Mayer Jr., 48 Pine Tree Hill Road, Newtown, Connecticut dated November 20, 2008, revised 4/6/09 Driveway Planting and revised 3/17/09 Planting/Fence.” Motion seconded by Commissioner Salling and abstained by Mr. Bryan. Motion carried unanimously.
#09-07 Lynette Willie, 55 Butterfield Road. Application for the construction of a single family dwelling.
Ms. Willie was present to discuss an Inland Wetlands Application that has expired. It was mentioned that the plans need to be updated with the 2002 Soil and Erosion guidelines. Commissioner Salling motioned to approve the application with standard conditions A, B, C, & D, with plans dated April 27, 1998 with updates to meet all standards of 2002 guidelines. Motion seconded by Commissioner Pieragostini. Mr. Bryan abstained. Motion approved unanimously.
#09-08 Art & Anne Norton, 3 Indian Hill Lane. Application to install a stone retaining wall.
Mr. and Mrs. Norton were present to discuss their plans to build a stone retaining wall along the north side of their property in order to stabilize an eroding bank. They stated that the erosion has been caused by water being discharged from a storm drain in the road. The water is flowing through the woods and into their property. Commissioner Peters stated that the plans submitted are difficult to decipher and more detailed plans will need to be submitted. The Commissioners explained that the grass is not enough to stabilize the area and that vegetation and shrubs should be considered. Mr. Sibley discussed the applicant’s request to waive the application fee. The Commission will discuss this and give an answer at the next meeting. Commissioners will visit the site.
The applicant will return on May 13th.
Other Business
Acceptance of New Applications
#09-09 Peter Gold, 20 Butterfield Road. Application related to the removal of a violation.
#09-10 Lewis & Maria Gotch, 18 Bridge End Farm Lane. Application related to the removal of a violation.
#09-11 John Farley, 6 Pond View Drive. Application related to the removal of a violation.
Approval of Minutes – Commissioner Salling motioned to approve the minutes of March 25, 2009. Seconded by Commissioner Pieragostini. After discussion, the motion was approved unanimously as amended.
Show Cause Hearing for Violation #09-06 Newtown Car Wash – Mr. Sibley opened discussion regarding a violation at the Newtown Car Wash. Commissioner Pieragostini read a letter of request from Atty. Timothy Hollister, Shipman & Goodwin, asking for a continuation until the next meeting of April 22, 2008. Commissioner Salling motioned to accept the continuance. Motion seconded by Commissioner Pieragostini. Motion carried unanimously.
Ann Astarita provided an overview of the violation that stemmed from a phone call to the Land Use Office on April 2nd. Ms. Astarita went to the site and witnessed oil and water being pumped out from an underground tank onto the car wash grounds. Ms. Astarita also observed a second discharge of blue-gray waste water (possibly hydraulic fluids and waste soaps) being discharged into a catch basin and detention area, ultimately flowing into the stream and down into a pond. The Police and Fire Departments were called. Ms. Astarita stated that specifics are not known yet and that the DEP is involved. Marine Environmental was hired to clean the soils and pump out the stream. The Land Use Agency issued a cease and desist order to stop all improper discharges. Mr. Sibley stated that
the Commission will need to determine the fines to be levied in this situation. He stated that the DEP is the main overseers of this site right now and that their Chemical and Oil Spill Response Unit is managing the mitigation. The Inland Wetlands Commission will be involved with the discharge into the stream onto the CL&P property. The DEP’s Regulated Discharge Department is the enforcement division and will be taking action towards an illegal discharge. There are other agencies that may be involved.
Monitoring Programs – Mr. Sibley discussed conditions in permits where monitoring by an outside environmental agency is required to provide weekly report. It has come to his attention that many sites are either not active or frozen ground does not require weekly monitoring. In these cases, he discussed temporarily suspending the reports until work resumes on the sites. Commissioner Pieragostini read a letter for the record from Matt Scully regarding the Braun moving facility on 46 Barnabas Road (KIM Properties) asking for a suspension of the monitoring stating that construction has been halted. He stated that Ann Astarita has done a great job researching over 100 active applications and following up on conditions of approval.
Homesteads at Newtown Sewerage Overflow, 166 Mt. Pleasant Road – Ann Astarita discussed a continuing sewage overflow issue at the Homestead facility. In the last two years there have been at least a dozen discharges of raw sewage into a Class A trout stream, with four known discharges over the last two months. The DEP will be sending a representative to inspect the site and a consent order will be issued to require upgrades to their pump station and penalties can be issued for further discharges. Although the facility’s attorneys and management has told Ms. Astarita that the issues has been fixed, she found that there is still only one out of two pumps working. There are also no audible or visual alarms hooked up and the emergency generator, which does not have a propane tank
associated with it, is currently unplugged. The hospital facility has 31 adults living there. It was noted that the ownership has changed over recently. The Health District is involved with this. Mr. Sibley discussed reports from raw sewage samples that were taken. The ecoli and bacteria counts were off the charts; greater than 24,000 colonies per sample, where the limit is zero. DEP has downgraded the brook from a Class A trout stream to being considered an “impaired” stream. The Commissioners are extremely concerned and Mr. Sibley stated his frustration in the situation. Commissioner Peters stated that town counsel should be consulted on this.
Mile-a-Minute Invasive Plants – Mr. Sibley provided an update on the Connecticut Agricultural Experiment Station’s plan to use herbicides on Mile-a-Minute weed along the Pootatuck River.
Commissioner Pieragostini motioned to adjourn at 9:00 p.m.
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