Inland Wetlands Commission
MINUTES
Regular Meeting
May 27, 2009 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Pieragostini, Kotch, and Curran
Staff Present: Rob Sibley, Deputy Director; Ann Astarita, Wetlands Enforcement Officer and Tammy Hazen, Clerk
---------------------------------------------------------------------------------------------------------------------------------------------------
Commissioner Peters opened the hearing at 7:30 p.m.
Violations
Show Cause Hearing: #08-42 280 Berkshire Road (lot 7b) James Mastroni.
Ann Astarita, Wetlands Enforcement Officer, provided a history of this violation beginning with a violation letter sent on June 12, 2008 which included a $300.00 fine. A second letter was sent on December 18, 2008 noting that some materials were removed but that additional debris was added. A Cease and Desist order was placed on May 15, 2009. The initial $300 fine has not been paid and the property has not been cleaned up properly.
Mr. Mastroni explained that the property was previously a tire dump and that he has removed the tires but feels that since the drums are being used as garbage cans, they should stay, and that the trailer should not need to be removed.
Mr. Sibley noted that Mr. Mastroni does not have valid wetlands permits on either of his two lots (280 & 282 Berkshire Road) and that all his permits (building, septic, etc.) for the lot have expired. The Commissioners requested an Inland Wetlands permit be submitted within 45 days. Commissioner Salling strongly urged that the applicant seek guidance from the Land Use Staff and other professionals (engineers, soil scientists, etc.) to assure the application is submitted as complete.
Commissioner Curran motioned to uphold the Cease and Desist order and remove the mitigation plans from the order. Commissioner Peters asked to amend the motion to add that the applicant submit a complete wetlands application within 45 days. Commissioner Salling seconded the motion. Motion approved unanimously.
Pending Applications
MOD #04-37 Plaza South, LLC, 266 South Main Street. Application for the reduction of scope of existing permit.
Peter Scalzo, Esq. and Mike Lillis, P.E., from CCA were present to hear the results of the Commissioner’s site walks.
Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, L and,
The approved plans for the development are: Site Plans Building A, B, and C “Plaza South, Newtown, CT, Dated Revised March 25, 2009 and supporting materials;
These conditions are in addition to the original conditions of approval; and
On the first day of each quarter the applicant will submit a completed quarterly report to the commission on a form provided by the town office, containing the status of the permit, until the permit activity is completed. Completion of the permit will be approved by the wetlands agent.
Motion seconded by Commissioner Kotch. Motion approved unanimously.
Commissioner Kotch motioned to approve a five year extension for this application. Motion seconded by Commissioner Pieragostini. Motion approved unanimously.
#09-03 Simm Lane, LLC, 3-6 Simm Lane. Application related to the removal of a violation. (Vio #06-20)
Tabled.
#09-08 Art & Anne Norton, 3 Indian Hill Lane. Application to install a stone retaining wall.
Mr. Norton was present to review detailed planting plans. Commissioner Pieragostini motioned to approve the application with standard conditions A, B, and C. Commissioner Kotch seconded the motion. Mr. Sibley asked if there were outstanding fines. Ms. Astarita stated that there were no fees, but that the applicant asked to waive the fee. Commissioner Peters asked to amend the motion to provide that the permit to install the plantings over a two year period. Motion to amend the modification was seconded by Commissioner Kotch. Motion approved unanimously. The plan and schedule is approved. The applicant is asking for a waiver of the application fee. The commissioners noted that they could not waive the fee. Commissioner Curran motioned not to waive the
application fee. Commissioner Kotch seconded the motion. Motion approved unanimously.
#09-10 Lewis & Maria Gotch, 18 Bridge End Farm Lane. Application related to the removal of a violation.
Tabled.
#09-13 Stephen & Danielle DeGrazia, 3 Taunton Lake Drive. Application for the construction of a driveway.
Dennis McMorrow, P.E., was present to represent the applicant. Commissioners have visited the site. Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, D, E, and:
The approved plans for the development are: Septic System Design Plan “Lot 2 Taunton Lake Road Newtown, CT, Dated Revised April 21, 2009 and supporting materials for the site activity of the whole property.
On the first day of each quarter the applicant will submit a completed quarterly report to the commission, on a form provided by the town office, containing the status of the permit, until the permit activity is completed. Completion of the permit will be approved by the wetlands agent.
Motion seconded by Commissioner Kotch. Motion approved unanimously.
#09-14 Town of Newtown, Cold Spring Road Bridge. Application for the replacement of a Town bridge.
Tabled
#09-15 William Joyce, Sherman Road & Berkshire Road. Application for a 38 lot subdivision.
Public Hearing set for June 10, 2009
#09-16 Maryann & Bruce Rudolph, 165 Brushy Hill Road. Application for a gravel driveway to rear property.
The commissioners have visited the site. Ms. Rudolph was present to discuss this application.
Commissioner Salling motioned to approve the application with standard conditions A, B, C. Motion seconded by Commissioner Curran. Commissioner Salling amended the motion to add that the approved plans dated Revised April 23, 2009. Motions for the motion and modification were approved unanimously.
#09-17 Jeremy Frommer, 63 Taunton Lake Road. Application related to the removal of a violation.
Ann Astarita provided history of this violation which originated in September 2008 and that included a $500 fine. The file went to legal on December 19, 2008. Ben Pilchard from Academy Design stated on January 9, 2009 that an application for mitigation would be submitted. With no application submitted, another $500 fine was issued on April 27, 2009. On May 1, 2009 Mr. Pilchard asked to speak with the Commission regarding the $1,000 in fines and submitted an application and a check for $280 as a regular application fee. The application included a proposed patio, terrace, walkway, and a twenty foot headwall.
Al Shepard provided a history of the property and noted that although the under story had been removed, there had been no grading performed and the area still has a canopy of trees. Mr. Sibley showed aerials of before and after the house was built. Commissioner Salling shared her concerns about the under story being removed. Commissioner Curran stated that the violation should be dealt with first and the additional work should be requested at a later time.
Landscape Designer, Brid Craddock, presented planting plans that include plans for a patio and stone steps down to the lake. There are two exposed PVC pipes that carry a high velocity run-off from the house and that exits into the lake. Ms. Craddock proposes to install perforated PVC pipes with gravel at the end of each pipe to help disperse the water laterally.
Commissioner Kotch noted his concerns with the additional plans that were included for the stone steps, patio, etc., with its impact to the lake. Commissioner Salling questioned whether this was the best mitigation plan to repair a violation. Ms. Craddock said that there would be traffic from the house to the lake and that installing a walkway (as opposed to a dirt pathway) will help with erosion. Mr. Sibley stated that the historic precedence of this property notes that no activity was to be done in this area. He also noted that the applicant needs to provide a functionality report. Commissioners will visit the site.
#09-18 Alan Laurenco, 56 Schoolhouse Hill Road. Application related to the removal of a violation.
Mr. Laurenco was present. The commissioners walked the property. The applicant was asked to rework the application to include the calculation of the amount of wetlands that have been filled in, a functionality assessment, planting plans for a buffer, and a permission letter from the neighbor.
#09-19 Nazzaro, Inc., 310 Hammertown Road. Application to excavate pond in Monroe near Newtown border.
Mr. Gene Nazzaro representing the Fairfield County Fish & Game Association, presented plans to dredge a pond. The Town line between Newtown and Monroe falls in the middle of the pond. He estimates approximately 500 yards of material will be removed and showed where it will be deposited away from the pond. Commissioners will visit the site.
#09-20 James Palmer, 18 Butternut Ridge. Application for the construction of a detached garage.
Mr. Palmer was present. The Commission asked the applicant to complete a wetlands impact study for the site including its relation to the vernal pool.
#09-21 Janice Roman, 10 Taunton Lake Road. Application to stabilize a stream bank.
Rob Sherwood, Landscape Architect, was present to discuss this application. The applicants have installed a stone wall that surrounds their pond and the stream. Their plans include the removal of invasives and the planting of a buffer. Mr. Sibley asked for the amount of linear feet of walls that line the pond and stream.
#09-22 Norman Nagy, 12, 38, 40 Cold Spring Road. Application to restore and dredge a pond and repair of dam.
Commissioner Salling motioned to set a public hearing for June 24, 2009. Commissioner Pieragostini seconded the motion. Motion carried unanimously.
Other Business
Approval of Minutes – Commissioner Salling motioned to approve the minutes of May 13, 2009. Seconded by Commissioner Kotch. Motion was approved unanimously as amended.
Acceptance of New Applications
| 
