Inland Wetlands Commission
MINUTES
Regular Meeting
October 28, 2009 7:30 pm
3 Primrose Street, Newtown, CT
Commissioners Present: Peters, Curran, Pieragostini, 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 7:30 pm.
PUBLIC HEARING
#09-27 Hattertown LLC, 22 and 24 Hattertown Road. Application for a five-lot subdivision.
Catherine Cuggino, Esq., with Chipman, Mazzucco, Land & Pennarola, LLC, 30 Main Street in Danbury, Connecticut, provided opening remarks and spoke about the environmental report submitted by Steven Danzer Ph.D.
Chuck Farnsworth from John M. Farnsworth & Associates, 8 South Main Street in New Milford, CT was present to discuss the discrepancy brought forward by ad adjacent property owner, Mr. Vincent Brunelli. Mr. Farnsworth stated that the differences along the boundary lines are minor and range between 0.4 to 3.1 feet. Most of the discrepancies are due to the fact that the stone walls are hundreds of years old.
John McCoy, P.E., JFM Engineering, Ridgefield, CT, stated that their work is being proposed within a right-of-way. Atty. Cuggino stated that the right-of-way is an old abandoned highway approximately 33 feet across. Commissioner Kotch stated that this is more of a Planning & Zoning issue. Mr. McCoy updated the wetland line and changed the disturbance sheet. He explained the permeable pavers for Lot B1.
Matt Popp explained the wetland area and explained that they will remove the sediment and plant with wetlands vegetation. He provided an overview of the drainage and plunge pool and explained now they will use boulders as a visual demarcation. He distributed and explained refinement plans RP 1-6. Commissioner Kotch asked about the culvert crossing and if they had a suggestion on making sure the permeable pavers remain and are not paved over in the future. It was also noted that some of the rear lots have tremendous slopes to the wetlands and it was requested if those areas could be included in the open space or conservation easement. The applicant will review this matter but feels it's a regulated area anyways. It was also asked if the area of the hillside trees on lots 4 and 3 could be
permanently preserved.
Matt Popp commented and responded to Mr. Danzer's report. He distributed Appendix A. The commission asked about the preservation of trees. The applicant said they will keep as many trees as possible. Commissioner Peters shared concerns that some people may choose a lawn and fence verses a natural buffer.
Atty. Cuggino asked for an extension. Mr. Sibley asked the applicant to make sure the revisions are incorporated into the correct submission size. He also gave Atty. Cuggino the expert's invoice. There were no public comments. The public hearing is continued to November 18, 2009.
#09-29 Newtown Transload, LLC, 30 Hawleyville Road (Housatonic Railroad Company). Application for the removal of a violation.
The applicant asked for this to be tabled. Commissioner Kotch motioned to table application #09-29 but accept written comments from the public. Commissioner Peters seconded the motion. Motion approved unanimously.
PENDING APPLICATIONS
#09-30 63 Taunton Lake Road, Jeremy Frommer. Application related to a violation (IW #08-73).
Alan Shepherd, representing the applicant, discussed the applicant's planting plans. The commission suggested that he consider a no mow or no disturbance area along the lake. The backyard should not be fertilized. The applicant will return to the next meeting.
#09-31 56 Schoolhouse Hill Road, Alan Laurenco. Application related to a violation (IW #09-18)
Alan Laurenco was present. Commissioner Pieragostini motioned to approve the request to waive the current application's fee. Commissioner Kotch seconded the motion. Motion approved unanimously. Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, and
1. 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 carried unanimously.
#09-33 4 Castle Meadow Road, Samuel & Delores Newman. Application for an access to subdivision lots.
Alan Shepard, representing the applicant, explained proposed plans to reduce a 10 to 12 foot curb cut in Lot #2 to 6 foot that would be closer to the regulated area but will reduce cuts and fills and will have less exposure to erosion. Commissioner Pieragostini noted that the area was not staked. The applicant will return on November 18th.
OTHER BUSINESS
Violations - Ann Astarita asked the commissioners whether or not she should release the violation on the Newtown Car Wash, One Simm Lane, Newtown, CT. Commissioner Peters recused herself. Commissioner Kotch motioned to lift violation #09-06 One Simm Lane, Newtown, CT. Commissioner Pieragostini seconded the motion. Motion approved unanimously.
Ram’s Pasture - Commissioner Kotch shared concerns over Ram's Pasture being flooded again. Mr. Sibley stated that there is still an active wetlands violation regarding this. The matter will be discussed further.
Approval of Minutes – The minutes for October 14, 2009 were tabled.
Commissioner Pieragostini motioned to adjourn at 10:00 pm. Motion seconded by Commissioner Kotch. Motion carried unanimously.
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