Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
March 11, 2009 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Kotch, Pieragostini and Curran
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
#08-59 Hattertown, LLC, 22 Hattertown Road. Application for a four lot subdivision.
A report by JMM Wetlands was reviewed by the applicants and Commission. The Commissioners asked questions regarding phasing the construction of the sites. John McCoy, JFM Engineering, said that phasing projects was not necessary because E & S controls would contain each lot. Commissioner Peters said she thought the applicants had agreed they would consider phasing the work. Mr. McCoy noted that he meant off-site work would be done first and apologized if he misspoke.
Commissioner Salling stated that the methodology for calculating the nitrogen loading is still a concern. Commissioner Peters noted two points of disagreements between the experts, the methodology of calculating nitrogen loading and the amount of sampling that should have occurred. She also noted that Mr. McManus has consistently recommended phasing the construction because of issues with site conditions, steep slopes, erodible soil, and proximity to sensitive resources. Upon finalizing discussions, Commissioner Kotch made a motion to deny the application based on the following:
Impacts of the proposed regulated activity on wetlands or watercourses for which the activity is proposed and future activities associated with, or reasonably related to, the proposed regulated activity which is made inevitable by the proposed regulated activity.
a. Specifically, the expert testimony which has stated that “the likelihood of impact on the wetlands and watercourses for nitrogen loading from the septic systems…..exist”.
b. Specifically, the expert testimony which has stated that “the likelihood of impact on the wetlands and watercourses from erosion generated by the steep slopes has not been adequately addressed”.
In summary, he added that there is a high likelihood of adverse short term and long term impacts to the wetlands and watercourses from this proposal. Commission Curran seconded the motion. Motion approved by a vote of 4 to 1.
#08-61 Gregg Reinhart, 40 Taunton Lake Drive. Application related to the removal of a violation. (Vio #08-66)
Gregg and Ann Marie Reinhart were present to discuss their application and submitted planting plans. 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 Terrace. Application for removal of trees & installation of timber wall.
Mr. Lundblad was present to submit mitigation plans. Commissioner Salling said the plans were difficult to decipher and asked if they can be redrawn to scale on graph paper or other means. Commissioner Peters stated it would be helpful if the plans were superimposed on a plan showing the perimeter of the property, having it sufficiently scaled. Mr. Sibley asked for clarification of the property boundaries and questioned the placement of railroad ties. Mr. Lundblad described plans to use the railroad ties at the bottom of the slope to create a more level area to give newly planted Junipers time to root. Commissioner Kotch said that Junipers may not need a flat area and they alone could stabilize the slope. Mr. Lundblad also explained plans to use wood chips to prevent
erosion in a different area. Commissioner Kotch felt that allowing the vegetation to grow back would be better since the roots would stabilize the slope. Mr. Sibley noted that the slope in question gets a great deal of frost in the winter and that there are issues when it melts. He stated that vegetation would help and noted that the soil is very arid during other seasons. Mr. Lundblad submitted a request for extension. He will return with more detailed plans.
#09-02 Norman Nagy, 38 Cold Spring Road. Application related to the removal of a violation. (Vio #08-78)
Mr. Nagy presented copies of an A2 survey. He noted the water level is currently very high due to the dam on Nagy Bros. property being clogged by beaver activity and high snow melt run-off. Mr. Sibley walked the property with two representatives of DEP to discuss dam reconstruction. Mr. Nagy intends to submit planting plans, but was concerned because they will depend on the resulting level of the shoreline after the bridge on Cold Spring Road is complete, as well as after the pond is dredged and dam reconstructed. Mr. Sibley stated that mitigation plans the commission needs for the application could be submitted in a way to take this consideration various levels of the resulting shoreline. Mr. Nagy can return at a later date with an application associated with the dredging of the pond, the
reconstruction of the dam and the removal of damaged trees. Mr. Nagy will return with mitigation plans.
#09-03 Simm Lane, LLC, 3-6 Simm Lane. Application related to the removal of a violation. (Vio #06-20)
Item tabled.
#09-04 Robert Mayer, 48 Pine Tree Hill Road. Application for the construction of a single family dwelling.
Larry Edwards, representing the applicant, presented plans subject to a first division. The new proposed new dwelling is shown on Parcel A2. He discussed a man-made pond surrounded by a stone wall in the center of parcel A2. He explained the two opens and noted that the site is currently staked for option 1. Planting plans will be submitted. The Commissioners will visit the site.
Other Business
Acceptance of New Applications.
#09-05 Sebastian DeOliveira, 119 Currituck Road. Application related to the removal of a violation.
#09-06 Stephen Marlin. 24 Alpine Circle. Application related to the removal of a violation.
Approval of Minutes - Commissioner Curran motioned to approve the minutes of February 25, 2009. Motion seconded by Commissioner Kotch. Minutes approved unanimously as amended.
Workshops – Commissioner Peters discussed a call from Steve Trinkaus who offered to provide a free talk to Land Use Commissions on “Low Impact Development” for both large scale developments and individual lots. Mr. Sibley noted that the Conservation Commission is dedicated to provide educational programs. Any suggestions for workshops can be forwarded to them. “Sustainable Landscapes for Your Yard” – Mr. Sibley thanked Ann Astarita for her hard work in organizing this workshop that has generated a lot of response. Mr. Sibley discussed future venues such as this to help the community.
Road Ordinance – Mr. Sibley said that this item has been tabled and currently removed from the staff’s budget.
POCD – Commissioner Peters discussed updating the Inland Wetlands portion of the POCD with more specifics. The Commissioners will review this.
Commissioner Pieragostini motioned to adjourn the meeting at 9:30 p.m.
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