Inland Wetlands Commission
MINUTES (Amended)
Regular Meeting of January 13, 2010 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Commissioners Present: Peters, Salling, Pieragostini, Kotch, and Curran
Staff Present: George Benson, Director of Planning and Land Use; 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
#09-29 Newtown Transload, LLC, 30 Hawleyville Road (Housatonic Railroad Company). Application for the removal of a violation
Commissioner Peters opened the hearing. Commissioner Pieragostini read into the record the following statement: The Notice of Intervention by the Hawleyville Environmental Action Team (HEAT) and Howard and Catherine Winkler in the matter of Newtown Transload, LLC, 30 Hawleyville Road, is hereby accepted by the Inland Wetlands Commission of Newtown, pursuant to Section 22a-19 et seq., of the Connecticut General Statutes, and the Intervening Parties are hereby granted intervener status. and Commissioner Edward Bryan has recused himself from this application.
Commissioner Peters stated that this hearing relates only to the Town’s notice of violation relating to onsite activities, not a separate matter relating to offsite activities.
Atty. Dwight Merriam submitted several documents dated 1/13/10 and reviewed his response to comments by staff at the last meeting and to JMM Wetlands’ report dated January 7, 2010. Commissioner Peters asked questions regarding permeability to which John Paul Garcia from Bethany, CT answered. Commissioner Curran asked if the applicant agrees with JMM Wetlands’ recommendation that water quality sampling be done. Atty. Merriam asked for the expert’s rationale. Commissioner Peters said the commission’s consultants provide technical information for the review and consideration and that the information is made available to the applicants out of courtesy and fairness. Atty. Merriam stated his objections to receiving testimony from JMM if they are not present.
Commissioner Kotch asked for clarification of a photo submitted by the applicant and what date the picture was taken. Atty. Merriam stated the photo was pulled off of Bing.com or Google maps in mid December but did not know when the image was uploaded. Commissioner Kotch then asked for clarification of the photo as it relates to the applicant’s map. The applicant was also asked for clarification between a loading area and unloading area. Colin Pease provided an explanation.
The public was asked for comments. Atty. Keith Ainsworth with Evans, Feldman & Ainsworth, LLC, New Haven, CT, provided an overview of his letter dated 1/13/09 as submitted.
Helga Ruopp, 46 Hawleyville Road, Newtown, CT, discussed her disagreements with the applicant’s assessment of the groundwater depth.
Atty. Merriam provided closing comments.
Commissioner Kotch motioned to close the hearing. Motion seconded by Commissioner Salling. Motion approved unanimously.
PENDING APPLICATIONS
#09-27 Hattertown LLC, 22 and 24 Hattertown Road. Application for a five-lot subdivision.
Commissioner Salling motioned to approve this application with standard conditions: A, B, C, E, F, G, H, K, L, N, and the approved plans for the project are “Hattertown Place Subdivision, a 5 lot subdivision of Parcels A&B, 22-24 Hattertown Road, Newtown”, dated October 20, 2009 and revised November 30, 2009 and Recommendations of the applicant’s expert J.F.M. Engineering, Inc. received into the record and dated November 18, 2009 will be incorporated as permit requirements.
Motion seconded by Commissioner Pieragostini. Motion carried 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.
Commissioner Curran recused herself from this applicant. Atty. Peter Scalzo, from Bethel, CT and Michael J. Lillis, P.E. with CCA in Brookfield, CT discussed an amendment to the plan regarding minor modifications in the size of the buildings. The applicant has previously met with staff, Mr. Sibley stated he was comfortable with the changes.
Commissioner Pieragostini motioned to approve this application with standard conditions A, B, C, E and the approved plans for project are “Plaza South, 266 Main Street South, Prepared for “Plaza South LLC and 266 South Main Street LLC” Newtown, CT dated September 22, 2008 and revised through January 13, 2010 and a quarterly status report on forms provided on the Town of Newtown website will be submitted to the Commission until the project is complete.
OTHER BUSINESS
Violations – Ann Astarita discussed 149 Currituck Road. Atty. Rodriguez from the Housatonic Railroad will be submitting a permit application.
Mr. Sibley discussed 16 Diamond Drive and explained Atty. Grogins from Cohen and Wolf recommends releasing the violation and releasing the balance of the fine. Any future activities will warrant another violation.
Staff and commission discussed 176 Mt. Pleasant Road, Bashert Developers, It was suggested this be referred to the Town attorney.
Approval of Minutes – Commissioner Pieragostini motioned to approve the minutes of December 9, 2009, Commissioner Curran seconded the motion. The motion was approved unanimously.
Election of Officers – Commissioner Currant motioned to approve Anne Peters as Chair, Sharon Salling as Vice-Chair, and Katja Pieragostini as Secretary. Commissioner Kotch
seconded the motion. Motion approved unanimously.
Commissioner Peters noted a review of the POCD and that this is a good opportunity to incorporate the low impact development, improvement of roads, and pervious development.
The Commission discussed the new amendment to the P & Z regulations requiring applicants to submit an environmental impact report for subdivisions. It was noted that these regulations cover environmental issues not covered under the Inland Wetlands Commission.
Commissioner Kotch motioned to adjourn at 9:45 pm. Commissioner Curran seconded the motion. Motion approved unanimously.
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