Inland Wetlands Commission
DRAFT MINUTES
Regular Meeting
July 8, 2009 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Pieragostini, Kotch, Curran and Bryan
Staff Present: Rob Sibley, Deputy Director, Ann Astarita, Wetlands Enforcement Officer and Tammy Hazen, Clerk
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Commissioner Peters convened the meeting at 7:32 p.m.
Show Cause Hearings
Vio #09-07 55 Sugar Street, Meadowbrook Terrace.
It was noted that the Sewer Authority has been working on this matter. Item is tabled.
Public Hearings
#09-15 William Joyce, Sherman Road & Berkshire Road. Application for a 38 lot subdivision.
Commissioner Salling recused herself. Commissioner Peters noted that the applicant will return on July 22, 2009 with responses from the June 24th meeting. Larry Edwards, Professional Engineer, was present to answer any questions.
Commissioner Peters asked if there were any comments from the public.
Marie Kitterman, 22 Sherman Street, stated that the pond is not man-made, she has lived there her entire life and stated that the pond is a natural pond.
Tanja Gouveia, 15 Sherman Street, stated that she submitted a letter regarding the vernal pools and is concerned over the two vernal ponds on the property. She has lived there for six years.
John Kitterman, 22 Sherman Road, discussed a drain on Hoseye Coach Road that is causing a sink hole in the road. He is concerned that additional development will cause further issues.
Mike Tallon, 62 Toddy Hill Road, noted concerns about his storm drain on Toddy Hill Road, piping goes into the driveway, down the hill, the road would be cut right onto that area. He is concerned that the development will increase flow and his well is in front of the house. He also expressed concerns over the amount of wildlife on the property, including turtles that lay their eggs nearby.
Richard Boritz, 30 Still Hill Road, submitted six studies that were done on Rte 25 that shows impact that has already happened. The studies were done from the mid 1960’s through the 1970’s. He is concerned that his dug well is already contaminated with Ecoli and that further development in the area would worsen water quality.
Tom Gates, 20 Still Hill Road, shared concerns about the effects on the aquifer. He was part of a group that originally defined the aquifer and is concerned over contamination of the Pootatuck aquifer.
Mr. Sibley said that the Commission has received many letters that need to be reviewed by the Commission. He also noted that the Commission does not have jurisdiction over wells or public water supplies, these items fall under Planning & Zoning and Health. He also noted that it does not matter whether a water body is man made and natural ponds. They both get a high level of review.
The hearing will resume on July 22, 2009.
#09-22 Norman Nagy, 12, 38, 40 Cold Spring Road. Application for restoration of a dam and the dredging of a pond.
Commissioner Curran recused herself. Larry Edwards, Professional Engineer, said they are still waiting for the Environmental Assessment and expect to have the information at the next meeting. Commissioner Kotch asked Mr. Edwards why the dam is being rebuilt, does it serve any function, and if the applicant would consider just removing the dam. Mr. Edwards stated that the environmental assessment may answer the questions better but knows that there have been thermal impacts from the shallow water and that dredging it will improve the water quality. He also stated that removing the dam completely is not an option.
Pending Applications
#09-03 Simm Lane, LLC, 3-6 Simm Lane – Item tabled.
#09-10 Lewis & Maria Gotch, 18 Bridge End Farm Lane.
The applicant was not present. The commission is waiting for an impact study of the site.
#09-17 Jeremy Frommer, 63 Taunton Lake Road.
The commission discussed the fact that the applicant has not provided a functionality report.
Commissioner Kotch motioned to deny this application as incomplete.
1. Specifically that the applicant has not provided the commission with complete detailed plans describing the extent of the impact on the functionality of the regulated watercourse of the pre-disturbed site.
2. Specifically that the applicant has not provided the commission with the description of the current state of the functionality of the regulated area.
3. Specifically that the applicant has not provided the commission with complete detailed plans describing the extent of the impact on the functionality of the regulated watercourse of the proposed mitigation.
Motion seconded by Commissioner Pieragostini. Motion carried unanimously.
#09-18 Alan Laurenco, 56 Schoolhouse Hill Road – Application related to the removal of a violation.
The applicant has asked for additional time. There has been a discharge of oil from his basement that went into a drain in the basement, flowed into an intermitted stream and then into a pond. The event has set him back. The commission granted another 30 day extension.
#09-20 James Palmer, 18 Butternut Ridge – Item tabled.
#09-23, David & Wendy Clarke, 9 Taunton Lake Road, Newtown, CT. Application for removal of trees – Item tabled.
#09-24 Neil & Ann Marie Unger, 46 Shepard Hill Road. Application related to the removal of a violation.
Ms. Christine Unger was present. Ms. Astarita provided a background of the violation. Ms. Unger stated that the pond is about 20’ by 50’ and that six to nine months out of the year the water levels are low. The violation stems from a pond created from a stream. The Commissioners will walk the site.
Ext. #04-38 210 Brushy Hill Road, LLC. Application for an extension.
Frank Nuzzo was present. Commissioner Salling asked about the grass that is planted on either side of the driveway and if the applicant would consider planting something with a better root system. She also asked if the driveway will remain pervious or will it be paved at some point. Mr. Nuzzo said he can seed the area with a conservation mix and assured the commission that they don’t plan to pave the driveway, with the exception of a 15 foot apron from the curve that is required to be paved by the town.
Commissioner Salling motioned to approve the application with standard conditions A, B, and C. Motion seconded by Commissioner Pieragostini. Motion carried unanimously.
Other Business
Acceptance of New Applications
Approval of Minutes – Commissioner Pieragostini motioned to approve the minutes of May 27, 2009. Seconded by Commissioner Kotch. Motion carried unanimously. Commissioner Salling motioned to approve the minutes of June 24, 2009. Seconded by Commissioner Pieragostini. Motion approved unanimously. The minutes of June 10 were previously approved.
Educational Opportunities – Commissioner Salling opened a discussion on educational opportunities for the public. She asked for the commission’s thoughts on creating a wetlands informational pamphlet that can be placed in real estate closing packets. It would give information to new homeowners in Newtown stating the value of wetlands and noting precautions that should be taken if there are wetlands on their property. She also discussed the possibility of having a column in The Bee or another local paper where environmental information could be offered to the public. It could provide valuable information that would be provided by the Wetlands Commission, the Conservation Commission, the Forest Association and Trout Unlimited. Having the information on the Town’s
website was also discussed.
Road Ordinance – Commissioner Kotch asked if the Road Ordinance can be added to each future Agenda.
Commissioner Pieragostini motioned to adjourn at 9:00 p.m., second by Commissioner Curran and unanimously carried.
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