Inland Wetlands Commission
MINUTES
Regular Meeting of December 9, 2009 at 7 :30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Commissioners Present: Peters, Salling, Pieragostini, Kotch, Bryan 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 7:30 pm.
PUBLIC HEARING
#09-27 Hattertown LLC, 22 and 24 Hattertown Road. Application for a five-lot subdivision.
Commissioner Peters stated that the applicant has submitted updated plans.
Catherine Cuggino, Esq., with Chipman, Mazzucco, Land & Pennarola, LLC, 30 Main Street in Danbury, Connecticut, attorney for the applicant, provided opening remarks for the commission.
John McCoy, P.E., JFM Engineering, Ridgefield, CT, provided an overview of revised plans which include the addition of a special conditions listed on the cover sheet, a boulder line detail on drawing SP4C, and a detailed construction sequence for the driveway and culvert crossing to Lot B.
Matt Popp from Environmental Land Solutions provided comments on Steven Danzer’s report dated December 3, 2009.
Commissioner Kotch made a motion to close the hearing. Seconded by Commissioner Curran. Motion carried unanimously.
#09-29 Newtown Transload, LLC, 30 Hawleyville Road (Housatonic Railroad Company). Application for the removal of a violation
Colin Pease, Vice President of Special Projects with the Housatonic Railroad read portions of a statement he submitted dated December 9, 2009.
John Paul Garcia, Licensed Professional Engineer and Land Surveyor, from Bethany, CT, distributed plan EC-1 (Erosion Control and Wetlands Location Plan and Site Drainage Plan, dated revised 12/3/09) and addressed items from the JMM Wetlands Report and from a list of items sent via e-mail from Rob Sibley.
Kenneth Stevens, Registered Soil Scientist with Soil Science and Environmental Services, submitted and reviewed his Environmental Assessment Report dated 12/9/09 and reviewed a response to two letters received from JMM Wetland Consulting Services.
Commissioner Peters asked about the physical characteristics of the fill, specifically the chemical (potential source of contaminants) and physical composition. She also noted that the applicant previously stated the area was kept unpaved for permeability but the commission found ponded water. Mr. Stevens said the crush stone surface has been compacted by vehicles and is now 95% to 98% impermeable. Commissioner Peters also asked about quality control in the sampling and asked for a map of the sample area. She also noted that the wetland markings on hay bales can be displaced and that the wetlands go up to the toe of the area recently filled. It appears the wetlands go under the fill. Mr. Stevens said they will provide information.
Thomas Pietras, Professional Soil Scientist, showed the areas of excavation on the map, Commissioner Peters asked for a sketch and asked why samples were not taken in the north. Mr. Pietras said there are no wetland soils there. Commissioner Peters asked about the west side. Mr. Pietras said it is an isolated wetland with seasonal ponding and that auger holes found old fill. Commissioner Peters was concerned with the statement that the project will not have any direct wetland impact. She asked for confirmation of the same.
Commissioner Kotch asked Mr. Stevens to acknowledge the violation and asked if there will be plans for mitigation. Mr. Stevens confirmed that material was pushed over the bank onto the Winkler property and that it was cleaned out. Ms. Astarita said this application relates to the violation on the applicant’s property and Commissioner Peters showed the area of this violation on the map. Mr. Stevens said there was no indication of wetlands under the fill but agreed they should have gone before the commission since it was in a review area. Commissioner Peters asked for confirmation that wetlands were not previously underneath the fill.
Commissioner Kotch asked Mr. Stevens if fill was placed within 100 foot of wetlands 1, 2 and 3. Mr. Stevens agreed and confirmed there were grounds for the cease and desist. Commissioner Kotch asked why there are no mitigation plans and that their application was to continue what they want to do and not deal with what has already been done. He also asked how many more yards of fill will be place on top of what’s already there. The applicant will return with these answers.
Ms. Astarita asked if they consider wetland #1 a vernal pool and before the fill was added, was it likely that the amphibian population moved east. In older photos it looked like the area was level and that the 15 foot high fill would have had an impact for any amphibian population. Mr. Stevens said as of 2009 there doesn’t appear to have been any impact but doesn’t know what the condition was in 2008.
Atty. Keith Ainsworth with Evans, Feldman & Ainsworth, LLC, New Haven, CT, representing Mr. and Mrs. Winkler from 149 Currituck Road, asked when the Winkler’s violation will be addressed and for information on the buffer and impacts that extend into the wetlands. He asked for information on the species in the wetlands and stated there was no baseline condition of the wetland population. He said the statement of no impact is premature and not based on hard data.
Dr. Steve Danzer of Stamford clarified that he has not met with the applicants yet. He recommends a 75 foot buffer between the disturbance and the Winker’s property and stated the embankment needs to be dropped down. He said species should be identified and appropriate avenues of mitigation be planned.
Wally Waterman, 46 Hawleyville Road, (who has a PhD in biomedical science and is a teacher of biology and chemistry) stated frustration about impact to the wetlands and that the violation has not been addressed. She explained she has a shallow for drinking water and is concerned that flood waters would contaminate it. She asked what DEP’s description of clean fill is, how high the track will be, what are “Federal Wetlands” and when will the U. S. Army Corp. be on site. She asked if vegetation was present before the action of the fill, Mr. Steven’s definition of a vernal pool, and if the storm water drain is a porous or solid pipe.
Helga Ruopp, 46 Hawleyville Road, shared concerns over the impact to Pond Brook and submitted a booklet of pictures of the wetlands and of the work that students do in the areas in Pond Brook and area wetlands.
David Broughton, 145 Currituck Drive, said that drains next to the fill have pipes that flow into the wetlands. He asked if snow will be pushed into the wetlands. During a tour of the site, he was told that an area void of vegetation was due to snow being pushed over the side.
Mike Sanchez from 137 Currituck Road asked about the commission’s jurisdiction over wetlands. Commissioner Peters said the commission has jurisdiction over any direct or indirect effects on wetlands and that the 100 foot review area is normal but that the commission can look at larger areas if circumstances warrant it. He asked if core samples were taken. Mr. Sibley said he can view the file any time at the Land Use Agency.
Commissioner Pieragostini motioned to continue the hearing. Commissioner Salling seconded the motion. Motion approved unanimously. Atty. Dwight Merriam. Robinson & Cole, Hartford, CT representing the applicant submitted a written consent to an extension for the hearing until January 13, 2009.
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 distributed and reviewed updated plans.
Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, and
1. The approved plan for the development is : Restoration plan prepared for Jeremy Frommer, 63 Taunton Lake, Newtown, CT dated September 1, 2009 revised December 7, 2009.
- 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.
- The applicant will conform to the submitted plans and refrain from establishing or maintaining grass lawn from the well elevation down to the lake.
Motion seconded by Commissioner Curran. Motion carried 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 was present as well as Al Shepard. Commissioner Pieragostini motioned to approved with standard conditions A, B, C. Motion seconded by Commissioner Salling. Motion approved unanimously.
#09-35 266 & 274 South Main Street, Plaza South, LLC and 266 South Main Street, LLC. Application related to a change in a previously approved application.
Michael Lillis with CCA was present to discuss the reduction of the scope of existing plans from previously approved application. The new buildings are within the same footprint of preapproved buildings. The landscaping has been improved and the lighting conforms with the dark sky considerations. Mr. Sibley stated the infiltration system is impressive. It was stated that there is a reduction of permeable surfaces to 48% coverage. This will be continued to January 13, 2009.
Show Cause Hearing
Vio #09-08 176 Mt. Pleasant Road, Bashert Developers. There were no representatives present. Ms. Astarita provided an overview and read her cease and desist letter. This has been a repetitive violation that is a result of failings of erosion and sedimentation controls. The class A trout stream has been downgraded. There have been four different violations dated 4/23/09, 8/25/09, 10/28/09 and the Cease and Desist is dated 09/08/09. Sediment is discharging into the brook. Fines and revoking their wetlands permit was discussed.
Commissioner Salling motioned that the commission uphold the agent’s cease and desist order for Inland Wetlands Violation #09-08. It is further ordered that the violator submit and receive approval for an unconditional application for the activity and mitigation associated with the order within 35 days of this order. The complete application must contain:
- Mitigation plans for the wetlands and stream;
- A summary report for the impact of the activity;
- Permission to access private properties affected by the activity and mitigation,
- Monitoring for the mitigation;
- 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 January 13, 2010, 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.
Motion seconded by Commissioner Curran. Motion approved unanimously.
OTHER BUSINESS
Violations – No discussion.
Approval of Minutes – Commissioner Pieragostini motioned to approve the minutes of November 18, 2009, Commissioner Kotch seconded the motion. The motion was approved unanimously.
2010 Schedule – Commissioner Salling motioned to approve the schedule. Seconded by Commissioner Bryan. Motion approved unanimously.
Election of Officers – Commissioner Kotch will head the drafting committee.
Motion to adjourn at 10:55 pm.
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