Inland Wetlands Commission
DRAFT MINUTES
Special Meeting
August 19, 2009 7:30 p.m.
31 Pecks Lane, Newtown, CT
Present: Peters, Salling, Pieragostini, Kotch, Curran and Bryan
Staff Present: George Benson, Land Use Director; Rob Sibley, Deputy Director, Ann Astarita, Conservation Official and Margaret Wilkin, Clerk
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Commissioner Peters convened the meeting at 7:36 p.m.
SHOW CAUSE HEARINGS
Violation #09-17 Housatonic Railroad Company, Inc. Cease and Desist all filling activities
Mr. Sibley explained the reasons for the cease and desist order with the aid of a slide presentation “Housatonic Railroad – Inland Wetlands Cease and Desist”. Ms. Astorita advised what happened when she inspected the site and the cease and desist order was issued. She added that activity was still going on at the site. The debris appeared to consist of brick, cement, sand and pieces of metal. Commissioner Peters asked for confirmation of wetlands impact. The Railroad Company was going to submit a map, which hasn’t been received to date. She asked to hear from the Company’s representative
Edward Rodriguez, Esq., General Counsel to the Housatonic Railroad Company, 8 Davis Road West, Old Lyme, Connecticut expressed embarrassment at what has transpired. He agreed that fill had been brought in to the property but denied that it was placed on wetland. He was under the impression that the land came under DEP not local jurisdiction. The debris is part of the planned extension of track and facilities. They have applied to DEP for permission to transfer waste, which cannot be done until the expansion was complete. He submitted preliminary drawings. He stated that the fill was “clean” and is to be used to raise the track. Commissioner Salling would like to receive written confirmation by the contractor that all activity will stop. Mr. Rodriguez agreed to
submit such a letter tomorrow. Mr. Benson stated that the Attorney General confirmed that this activity comes under town jurisdiction. A public information session is planned addressing public issues. Commissioner Curran felt the cease and desist order should be upheld until an application for a permit is submitted. The other commissioners agreed. Mr. Sibley gave Mr. Rodriguez an application checklist, stating that the staff is willing to work with him to help get the application in order. Commissioner Peters asked for a survey map. Mr. Rodriguez said they will try and comply and will submit documentation as it becomes available but cannot guarantee that it would all be complete by September 9, 2009. Commissioner Curran suggested imposing fines should activity continue.
DISCUSSION AND POSSIBLE ACTION
Violation #09-17 Housatonic Railroad Company, Inc. Cease and Desist all filling activities
Commissioner Salling moved the following:
It is recommended that the Commission uphold the agent’s cease and desist order for Inland Wetland Violation #09-17. It is further ordered that the violator submit, and receive approval for, an unconditional application for the activity and mitigation associated with this order. The complete and signed application must contain:
1. Mitigation plans for the wetlands and streams
2. A summary report for the impact of the activity
3. Permission to access private properties affected by the activity and mitigation
4. Monitoring for the mitigation
5. A summary report for the impact of the mitigation on the regulated areas at the conclusion of the restoration
If the violator fails to submit an application by September 9, 2009, the Commission orders the violation to legal counsel of the Town of Newtown to seek an injunction to the continued activity along with any penalties the law may allow
If the violator does not discontinue all activities immediately, staff has the discretion to levy additional fines.
Seconded by Commissioner Pieragostini.
Commissioner Bryan abstained. The motion was approved 5-1.
MINUTES
Commissioner Kotch made a motion to approve the Minutes of July 8, 2009 as amended. Seconded by Commissioner Pieragostini.. The vote was unanimous
Commissioner Kotch made a motion to approve the Minutes of July 22, 2009 as amended. Seconded by Commissioner Peters. The vote was unanimous
Commissioner Salling made a motion to approve the Minutes of August 12, 2009 as amended. Seconded by Commissioner Pieragostini. The vote was unanimous
Commissioner Pieragostini motioned to adjourn at 9:10 p.m. seconded by Commissioner Salling. The motion was unanimously carried.
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