Inland Wetlands Commission
MINUTES
Regular Meeting
September 23, 2009 7:30 pm
31 Pecks Lane, Newtown, CT
Commissioners Present: Peters, Salling, Pieragostini, Kotch, Curran, and Bryan.
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
#09-27 Hattertown LLC, 22 and 24 Hattertown Road. Application for a five lot subdivision.
Commissioner Pieragostini read the public notice. Atty. Catherine Cuggino with Chipman, Mazzucco, Land & Pennarola, 30 Main Street, Danbury, CT, provided an overview of the application.
John McCoy, P.E., JFM Engineering, Ridgefield, CT, provided an overview of their plans. This application includes more property than the previously denied application. The additional parcel of land in the back is referred to on the plans as Parcel B. All lots on Parcel A have been shifted to the south in order to help facilitate phasing and erosion control. Mr. McCoy reviewed the Wetlands and Watercourses Disturbance Summary. The impact includes 56 l.f. of disturbance to the watercourse and 1,580 sq ft of disturbance to the wetlands buffer (16 sq ft of wetlands to be filled).
The driveway to Lot B will require the installation of a 16’ wide precast culvert to cross the wetlands and some of the existing stones and rubble from an existing crossing will be removed. Mr. McCoy said there have been ATV and paint ball activities on the property.
Mr. McCoy explained their proposal to replace the town drainage system along Hattertown Road and the phasing plans for the lots. Phase 1 includes the construction of the driveways; Phase 2 consists of the work to be completed behind the homes (septics) and; Phase 3 is the building of the homes and drainage systems.
Commissioner Pieragostini asked if they would consider using gravel for Lot B’s driveway. Mr. McCoy explained that part of the driveway has a 15% grade, so it should be paved. Commissioner Pieragostini then asked if they could interrupt some of the driveway with pervious pavers, etc. Mr. McCoy said they will look into it.
Commissioner Salling asked if there was a guarantee that the contractors would not cross from one site to the other and do they foresee each home having different contractors. Mr. McCoy said that a double row of silt fence between each lot will serve as a construction barrier and that it wouldn’t matter if there were different contractors.
Commissioner Curran asked if there are rain gardens on each lot. Mr. McCoy said no, but they will use infiltrators. Commissioner Curran asked if all lots would be built at the same time. Mr. McCoy said that since the town drainage system will be fixed first, all the water from the road will be cut off, which will cut down on run-off into the lots.
Commissioner Kotch noted a previous concern regarding the high water table in the front of Lot A. Mr. McCoy said the concern is minimized and explained the cuts in the property, how the town drainage issue will help resolve the water issues, and how the fill for the septics will be reduce.
Commissioner Pieragostini asked the distance from the homes to the buffer and how would they keep the owners from creeping lawn, etc. into the buffer area. Would they consider a fence or other barrier. Mr. McCoy stated that Lot #4 has the worse case scenario with about a 15 foot distance and that he will talk to the design team about delineating the buffer with fence or boulders.
Mr. McCoy explained the open space portion of the plans.
Commissioner Kotch asked the applicant for more information about the stream (i.e., where does it come from and where does it flow to) Mr. McCoy will look into it.
Commissioner Peters asked for the length of Lot B’s driveway and if there will be curbing. Mr. McCoy said the length is approximately 850 feet with no curbing. She also asked if they would consider vegetative swales along the driveway. Mr. McCoy said the driveway pitches to the north and that he recommends rip rap. She also asked for the total amount of impervious surface from the other driveways and asked if they would consider making part of those driveways out of permeable material. Mr. McCoy will look into it.
Matt Popp, Professional Wetlands Scientist, Environmental Land Solutions, described the vegetation on the properties and noted that there are no vernal pools and or threatened wildlife on the property.
Mr. McCoy will put together a diagram of the watersheds in the area.
Commissioner Peters asked if the public would like to approach the commission.
Gloria Paprowski, 5 Hattertown Road, asked for the acreage of each lot and how the plunge pool will affect her property. She shared concerns over erosion and water run-off freezing in the winter causing road hazards.
Vincent Brunelli, 42 Hattertown Road, submitted an A2 survey of his property and explained that his property runs down the middle of the right of way. He noted differences between his survey and the applicant’s maps.
Mr. Sibley stated that the applicant is required to submit an A2 survey with original signatures and original reports with original signatures for the file. If the applicant plans to do work on abutting properties, they need to get a notarized written permission. He also explained why the plunge pool cannot be considered as a mitigation.
The applicant will stake the sites and asked that the hearing be continued on October 28, 2009.
PENDING APPLICATIONS
#09-15 William Joyce, Sherman Road & Berkshire Road. Application for a 38-Lot Subdivision.
This item has been tabled for a decision at the next meeting. Mr. Sibley has invoices for the applicant.
#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.
Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, D, E, F, G, H, L, and
1. The approved plan for the development is “Dam Restoration and Pond Maintenance” Coger Pond, 38 Cold Spring Road, Newtown, CT Dated Revised June 15, 2009 and details.
2. A water quality sampling program will be designed and approved by the wetlands agent to run before, during and after activity as recommended by expert testimony.
3. 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.
Commissioner Kotch Seconded the motion. After a lengthy discussion, Commissioner Pieragostini withdrew her motion.
Commissioner Bryan motioned to deny this application.
1. Specifically that the applicant has not provided the commission with complete detailed plans describing the extent of the impact and the restoration of the disturbed area for the revised submitted plans.
2. Specifically, in the absence of the testimony on the submitted revised plans dated 6/15/09; the likelihood of adverse impact on the wetlands and watercourses generated by the proposed activity.
Motion seconded by Commissioner Salling. Motioned approved unanimously.
#09-23 David & Wendy Clark, 9 Taunton Lake Road. Application to cut down trees.
This item was tabled.
#09-24 Neil & Ann Marie Unger, 46 Shepard Hill Road. Application related to the removal of a violation.
Commissioner Curran motioned to approve this application with standard conditions A, B, C, and
1. The approved plan for the development is “Proposed Modifications to 46 Shepard Hill Road.” Newtown, CT, dated August 2009.
2. The approved letter for the mitigation is dated received September 9, 2009
3. 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.
Commissioner Pieragostini seconded the motion. Motion approved unanimously.
#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 from AECOM, 500 Enterprise Drive, Suite 1A, Rocky Hill, CT was present.
Commissioner Salling motioned to approve this application with standard conditions A, B, C, and
1. The approved plan for the activity is: Figure 4B-Revised Off Site Groundwater Plume Area Mitigation Plan, Newtown, CT, dated August 2009 and supporting materials.
2. 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.
Commissioner Bryan seconded the motion. Motion approved unanimously.
#09-28 H & F, LLC, 29 Canterbury Lane. New England Woods Lot #3 - Jet Brook Road. Application for a single family residence.
This item was tabled.
#09-29 Newtown Transload, LLC, 30 Hawleyville Road (Housatonic Railroad Company). Application for the removal of a violation.
Public Hearing set for October 14, 2009.
OTHER BUSINESS
New Applications
#09-30 63 Taunton Lake Road, Jeremy Frommer. Application related to a violation (IW #08-73).
#09-31 56 Schoolhouse hill Road, Alan Laurenco – Application related to a violation (IW #09-18).
#09-32 61 Taunton Lake Road, Sam Capon – Application for activities within a regulated area.
Approval of Minutes
Commissioner Pieragostini motioned to approve the minutes of the September 9, 2009 meeting as amended. Seconded by Commissioner Kotch. Motion approved unanimously.
The meeting was adjourned at 9:55 pm.
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