Inland Wetlands Commission
MINUTES
Regular Meeting
November 18, 2009 7:30 pm
31 Pecks Lane, Newtown, CT
Commissioners Present: Peters, Salling, Pieragostini, Kotch and Curran
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 7:35 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 explained that John McCoy submitted a written response to Steve Danzer’s report. An extension to the December 9th meeting was requested.
John McCoy, P.E., JFM Engineering, Ridgefield, CT, stated that the updated plans previously submitted on 11 x 17 paper have been incorporated into the full size maps. He reviewed portions of his letter dated 11/5/09 where disturbance charts were included. He distributed a paper entitled “Subdivision Special Conditions of Approval”, incorporating a list of conditions that could be applied to an approval. Commissioner Peters noted the list was helpful and asked if they contemplate the restrictions will continue after construction. Mr. McCoy stated that he feels it would be in perpetuity and subject to wetlands approval.
Mr. Sibley stated that the conditions may be beyond the commission’s authority and that they should be printed on the maps or as a condition on the deeds. Atty. Cuggino agreed and said a bullet point can be called out on the subdivision map. Mr. Sibley asked for the sequence of the removal of the old bridge on the plans. Commissioner Salling asked for clarification on the wetlands crossing. Commissioner Curran asked about the slopes. Commissioner Kotch asked about the boulder line delineating the wetlands. The applicant will return with the construction sequence of the old bridge and the size of the boulders. The hearing will be kept open. There were no public comments.
#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
PENDING APPLICATIONS
#09-30 63 Taunton Lake Road, Jeremy Frommer. Application related to a violation (IW #08-73).
Alan Shepard, from Nowakowski, O'Bymachow & Kane, 415 Howe Avenue in Shelton reviewed the plans. Commissioner Peters stated that the applicant has an $80.00 balance due. The commission also asked for a non disturbance line from the lake. Mr. Shepard will return with the information.
#09-33 4 Castle Meadow Road, Samuel & Delores Newman. Application for an access to subdivision lots.
Alan Shepard, from Nowakowski, O'Bymachow & Kane, 415 Howe Avenue in Shelton was present
Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, D, L, and
1. The approved plans for the development are: Driveway Regrading Plan for Lot 2 Prepared for Samuel Newman, 4 Castle Meadow Road, Newtown, CT, Dated March 6, 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.
3. The applicant shall create and record on each property deed before a build permit is issued for the lot, the conditions of the wetlands permit and the permanent maintenance requirements for the infiltration areas. These maintenance requirements shall be reviewed and approved by the Wetlands Agent prior to recording.
Commissioner Kotch seconded the motion. Motion approved unanimously.
Commissioner Kotch motioned to add #09-34 Clarke to the agenda. Motion seconded by Commissioner Salling. Motion approved unanimously.
#09-34 9 Taunton Lake Road, David & Wendy Clarke. Application for the removal of trees, the renovation to a stone wall and a new seasonal dock.
Agnes Kochanowicz from Pediment Construction in Southbury, CT provided an overview of the application
Ben Neal from Southbury Tree Service discussed the two large Eastern White Pines that the applicant wants removed. Commissioner Pieragostini said she was concerned about cutting down healthy trees. Mr. Neal explained the species, the mass of the trees and the location of the house if the trees were to fall. There are no wind barriers. He noted other species, including the red maple, that would be better in that area. The maple tree would be 4” to 6”, 25’ tall with a 10’ spread. They can grow to be 60 to 70 feet tall. Commissioner Pieragostini asked if they could plant two maples. Mr. Neal explained that they couldn’t be too close together and they could plant a Red Maple and Swamp White Oak.
The stone wall will be renovated as a dry wall with a small portion being mortared. The work will be done by hand. Also, no vegetation will be removed. The dock is 20’ x 6’ with a “T” at the end. Mr. Sibley asked the applicant to keep in mind the mirror wave action that can cause erosion on the opposite side of the lake. The applicant will return at the next meeting.
OTHER BUSINESS
Commissioner Salling opened a discussion on an Inland Wetlands informational pamphlet that can be used at the closing of residential and commercial properties. The commission will look into feedback from realtors.
Violations – No discussion.
Approval of Minutes – Commissioner Pieragostini motioned to approve the minutes of October 28, 2009, Commissioner Kotch seconded the motion. The motion was approved unanimously. The minutes for October 14, 2009 were tabled.
Commissioner Pieragostini motioned to go into Executive Session at 9:20 pm. Motion seconded by Commissioner Kotch. Motion carried unanimously.
Future Meetings will be held at the Municipal Offices, 3 Primrose Street, Newtown, CT
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