Inland Wetlands Commission
MINUTES
Regular Meeting of February 24, 2010 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Commissioners Present: Peters, Salling, Kotch, Pieragostini, and Curran
Staff Present: George Benson, Director of Planning & Land Use,
Ann Astarita, Conservation Official and Tammy Hazen, Clerk
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Commissioner Peters convened the meeting at 7:35 pm.
Cease & Desist
Vio #09-22 10 Johnny Appleseed Drive, Rita Lapata, Trustee; and Richard Lapati. Show Cause Hearing.
Ms. Astarita provided an overview of this violation regarding a 600 gallon underground storage tank stored above-ground in the wetlands, along with tractors and jet skies. The storage tank was removed from the wetlands but placed next to a garage and it was stated that he wanted to use it for storage. They have been reluctant to move the tractors or jet skis. He was given 45 days to remove the items, when they were not removed Ms. Astarita sent a certified letter that was refused. A letter was then delivered via Sheriff.
Commissioner Peters asked if the commissioners were in favor of upholding the cease and desist.
Commissioner Curran motioned to uphold the Violation and Cease and Desist Order. The applicant shall submit a wetlands application or receive agent approval for mitigation of the activity within 45 days of this ruling. Failure to comply with this ruling will result in legal action as the regulations allow. The motion was seconded by Commissioner Pieragostini. Commissioner Kotch abstained from the vote. Motion carried unanimously.
Pending Applications
#09-29 Newtown Transload, LLC, 30 Hawleyville Road (Housatonic Railroad Company). Application for the removal of a violation
Ms. Astarita provided a brief summary of events regarding this violation. It was noted that Commissioner Bryan had recused himself from the entire proceeding.
Commissioner Pieragostini motioned to deny this application based upon:
1. The expert reports which state that the activities proposed would likely have a significant impact on the onsite wetlands or watercourses. Specifically, the expert reports indicate that the application “would likely cause adverse short-term and long-term impacts upon regulated wetlands and watercourses.”
2. The expert reports which indicate that the proposed activities will impact wetlands or watercourses outside the affected area, including future activities associated with, or reasonably related to, the proposed regulated activity which are made inevitable by the proposed regulated activity and which may have an impact on the physical characteristics of wetlands or watercourses. Specifically, the expert report which states that “impacts from recent and current activities were not adequately addressed…[and] there will be a reasonable likelihood of offsite wetland adverse impacts from the proposed activities”.
3. The applicant has not submitted alternative plans as requested which would cause less or no environmental impact to wetlands or watercourses. Specifically, the expert report states that “reasonable mitigation for unpermitted and proposed activities…[has] not been proposed”. Specifically, that the applicant has not described how its activities will change, diminish, or enhance the ecological communities and functions of the wetlands involved in the application and each alternative which would cause less or no environmental impact to wetlands or watercourses; and a description of why each alternative considered was deemed neither feasible nor prudent.
4. The applicant has not submitted the name and address of all abutting land owners along with a signed statement indicating that all abutters have in fact been notified of the proposed regulated activities on the subject land.
Commissioner Curran seconded the motion.
Commissioner Peters said that although she appreciated the materials that were submitted, she firmly believes that they do not address the underlying violation which was the original purpose of the application. She said that although applicants who file an application to resolve an open violation can also include the rest of the proposed activity, this application focused on the rest of the activities but did not fully address the initial violation.
Commissioner Kotch agreed that the applicant did not address the violation and felt that after the presentation by the applicant and the subsequent information obtained by the commission’s expert, there was no question that the proposed activity would have a significant effect on the on-site wetlands and the watercourses. He also said that the applicants admitted that they plan to carry contaminated materials into the area adjacent to the wetlands. He felt that in spite of all safety factors considered, it could be very dangerous if there were a spill. It would contaminate a beautiful wetlands that contributes to the Pond Brook stream. He also noted that he does not believe the railroad’s statements that the area had been used for over 100 years and said that both the railroad and the
commission’s experts pictures/aerials taken within the last four or five years show a pristine woodland where there is now a railroad spur with up to ten feet high of fill material. It was obvious from the pictures that it was once a pristine woodland with a possible beautiful vernal pool next to it and that there was no evidence shown to the contrary. In his opinion he agrees 100% that this application should be denied.
Commissioner Curran added that, aside from the violation, if the applicant had submitted an application to build the huge plateau of fill in the upland area, they (the commission) would have denied them.
Commissioner Salling addressed the lack of reasonable and prudent alternatives. She said for the applicant not to present alternative plans as requested by the commission was a disservice to everyone involved.
Commissioner Peters concurred with all the comments and noted that the applicant fell short on the substantive issues.
Without further comments, the commission voted unanimously to deny the application.
#09-36 Talon Ridge Builders, 8 Pecks Lane. Application to construct an approximate 5,000 sq ft building, additional parking and septic system in a regulated area.
Michael Buturla, P.E., L.S., from The Huntington Company in Fairfield, CT, summarized the application. It was noted that the application cannot be approved until the Conservation Commission approves the conservation easement language.
MOD #03-54 R. Mastroni Dev., LLC, 72 Hanover Road. Application for the modification of an existing permit.
Alan Shepard, from Nowakowski, O'Bymachow & Kane, 415 Howe Avenue in Shelton distributed and reviewed the request for modification. The commission noted concerns about the stabilization of the slope and said the permit could not be approved without the stabilization completed. Mr. Mastroni submitted a letter requesting a 65 day extension.
MOD #08-58 Claris Construction, 164 Mt. Pleasant Road – Acme Realty. Application for the modification of an existing permit.
John McCoy from JFM Engineering presented plans for a veterinarian hospital and reviewed a summary of site changes. Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, D, E, F and:
- The approved plans for the development are: “Proposed Newtown Veterinary Hospital, 164 Mt. Pleasant Road, Land Use Application Set”, dated February 9th, 2010 for Acme Realty of Scarsdale, New York. and
- Quarterly reports will be submitted on forms provided on the Town of Newtown website or in the Land Use office until the permitted activity is completed. The completed plan will be approved by the Conservation Official.
Motion seconded by Commissioner Salling. Motion carried unanimously.
MOD #06-37 42 Alpine Circle, Louis Segneri. Application for the modification of an existing permit.
Alan Shepard, from Nowakowski, O'Bymachow & Kane, 415 Howe Avenue in Shelton was present to discuss plans to change permit from a bridge to a box culvert. The commissioners will visit the site. Commissioner Kotch asked if the original driveway plans could be changed in order to eliminate a number of required hillside cuts. This will be brought to the attention of Planning & Zoning.
MOD #05-19 224 South Main Street, Robert Mastroni. Application for the modification of an existing permit.
Alan Shepard, from Nowakowski, O'Bymachow & Kane, 415 Howe Avenue in Shelton was present to discuss plans to expand parking an addition 14 parking spaces to allow for parking overflow. The applicant submitted pictures and a letter from Tumble Jungle. The applicant is concerned over overflow parking on the street. The commissioners will visit the site.
Violations –
Approval of Minutes – Commissioner Pieragostini motioned to approve the minutes of January 27, 2010, Commissioner Salling seconded the motion. The motion was approved unanimously as amended.
The meeting was adjourned at 9:23 pm.
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