Inland Wetlands Commission
MINUTES
Regular Meeting
September 9, 2009 7:30 pm
31 Pecks Lane, Newtown, CT
Commissioners Present: Peters, Pieragostini, Curran, and Kotch.
Staff Present: Rob Sibley, Deputy Director of Planning and Land Use;
Ann Astarita, Conservation Official; and Tammy Hazen, Clerk
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Commissioner Peters convened the meeting at 7:32 pm
PUBLIC HEARING
#09-15 William Joyce, Sherman Road & Berkshire Road. Application for a 38-Lot Subdivision.
Larry Edwards, P.E., of 227 Stepney Road in Easton, distributed a list of items that have submitted to the commission to date, as requested by Mr. Sibley. He also addressed their response to Trinkaus Engineering's list of concerns and discussed the report submitted by REMA. He said they have not taken the alternatives any farther than originally presented and felt the original submission was the most feasible development of the site. He also discussed concerns over the design of open space and stated that he supports REMA's TSS calculations. Mr. Edwards responded to Trinkaus Engineering's concern that the proposed water quality basins do not meet the 2004 Storm Water Management Guidelines. He feels their plans comply with these regulations.
George Logan approached the commission and began to discuss disagreements he has had with Mr. Trinkaus outside of this application, but Commissioner Peters asked him to focus on the application. Mr. Logan then went on to explain their differences in their calculations. Commissioner Peters stated there was not enough detail in the plans for alternatives #2 and #3, including locations of homes and driveways. She asked Mr. Edwards that - based on their initial analysis - there seemed no feasible improvements from their initial plan. Mr. Edwards stated she was correct. Commissioner Peters said that by not providing alternatives, the applicant has denied the commission the ability to review the information and concur with them and that they are asking the commission to accept the preliminary conclusion
based on that information without giving details. Mr. Edwards stated that all other alternatives would have a greater impact to the wetlands and that they are not obligated to present several complete sets of plans within the application process. Commissioner Peters said that she did not agree with him and that she would have liked to see more detail in Alternative #1.
Commissioner Kotch stated that according to the regulations, the applicant is expected to show an alternative which would cause less or no environmental impact to the wetlands. The applicant has not done this. Mr. Edwards stated that they originally submitted an application for a 50 lot subdivision and are now presenting a 38 lot subdivision. Commissioner Pieragostini stated that the applicant has always stated the application as a 38 lot subdivision.
Mr. Edwards stated that the amount of proposed disturbance is only 180 sq ft. He also stated that 50 percent of the site is protected between open space and conservation easements.
Commissioner Pieragostini motioned to close the hearing. Seconded by Commissioner Kotch. Motion approved unanimously.
Commissioner Pieragostini motioned to add #09-03 Simm Lane, LLC to the agenda. Motion seconded by Commissioner Kotch. Motion approved unanimously.
PENDING APPLICATIONS
#09-03 Simm Lane, LLC, 3-6 Simm Lane. Application related to the removal of a violation.
Commissioner Peters said that the applicant has not been able to receive permission from the abutting property and recommends the commission make a motion on this application.
Commissioner Curran motioned to approve this application with standard conditions:
Erosion and sediment controls as illustrated on the plan and where deemed necessary by the Conservation Official will be installed prior to construction and maintained until directed by the Conservation Official.
The Conservation Official must be notified in writing one week prior to commencement of the permitted activity and again upon completion of the activity.
A copy of the approved plans will be on site at all times, and
1. The approved plans for the development are: Wetlands Restoration Plan “Hurley Group, 3 Simm Lane, Newtown, CT, dated revised April 22, 1009 and supporting materials.
2. One 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.
3. The activity will be completed within two years.
4. The applicant will only address areas of activity associated with property owned by 3 Simm Lane, LLC.
Motion seconded by Commissioner Pieragostini. Motion carried unanimously.
#09-22 Norman Nagy, 12, 38, 40 Cold Spring Road. Application for the restoration of a dam and the dredging of a pond.
Commissioner Curran recused herself.
Larry Edwards, P.E., 227 Stepney Road in Easton, was present to discuss the application. Mr. Sibley stated that the application fee has not been paid and that the file does not have the applicant's original signature. Mr. Edwards submitted a check and will supply an original signature. The applicant submitted a request for extension. This item has been tabled to the next meeting.
#09-23 David & Wendy Clark, 9 Taunton Lake Road. Application to cut down trees.
An extension was granted and the item was tabled.
#09-24 Neil & Ann Marie Unger, 46 Shepard Hill Road. Application related to the removal of a violation.
Christine Unger submitted a letter and plans that include the removal of a four inch pipe, the installation of a larger pipe, and the lowering of the earthen dam to restore the original flow. Since Mr. Unger is an engineer, he will do the work himself. The commission will review the information.
#09-26 Noranda Metals Industries, 11 Prospect Drive & 40/50 Mile Hill Road South. Application in response to DEP order to remediate contaminated groundwater.
Lucas Hellerich, PE, Project Manager, AECOM, 500 Enterprise Drive, Suite 1A, Rocky Hill, Connecticut, submitted three copies of their modified plans that include a reduction of the driveway access by approximately 1,000 sq ft. They are working with the Town Engineer on a driveway permit application for the offsite staging area. If approved, this permit can be valid for ten years since the application has a ten year remediation plan. The commissioners will walk the site.
#09-27 Hattertown LLC, 22 and 24 Hattertown Road. Application for a five lot subdivision.
A public hearing is scheduled for September 23, 2009.
#09-28 H & F, LLC, 29 Canterbury Lane. New England Woods Lot #3 - Jet Brook Road. Application for a single family residence.
Larry Edwards, P.E., 227 Stepney Road in Easton, reviewed plans of a previously approved permit that has lapsed past the five year timeline. Lot #3 is the only lot that is within the wetlands review area. Commissioner Kotch asked about the two catch basins. Mr. Edwards said there are no outlets from the wetlands. The updates on these plans include a small water quality basin and a rain garden. The commissioners will visit the site.
OTHER BUSINESS
New Applications
#09-29 Newtown Transload, LLC, 30 Hawleyville Road (Housatonic Railroad Company). Commissioner Peters motioned to set a public hearing on October 14th, 2009. Motion seconded by Commissioner Curran. Motion approved unanimously. Commissioner Peters also noted that the Town Counsel should review the applicant’s cover letter.
Approval of Minutes
Commissioner Peters motion to approve the minutes of the August 26, 2009 meeting as amended. Seconded by Commissioner Kotch. Motion approved unanimously.
The Commissioners were asked to contact Ms. Hazen if they want to sign up for Segment III or CACIWC this fall.
The meeting was adjourned at 8:50 pm.
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