INLAND WETLANDS COMMISSIONI
MINUTES
Regular Meeting of May 12, 2010 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Commissioners Present: Salling, Pieragostini, Kotch, and Hammar
Staff Present: Rob Sibley, Deputy Director of Planning & Land Use,
Ann Astarita, Conservation Official and Tammy Hazen, Clerk
Commissioner Salling convened the meeting at 7:32 pm. Mr. Sibley asked the commission to place IW #10-09 first on the agenda since the applicant is present and waiting to hear whether a public hearing will be set or whether the should plan to present at this meeting.
PUBLIC HEARING
IW #10-04 Housatonic Railroad Company, 30 Hawleyville Road. Activities related to the operations associated with a rail yard transfer station.
Commissioner Pieragostini read the legal notice. Commissioner Salling asked to hear from the applicant.
Edward Rodriguez, Executive Vice President, General Counsel for the Housatonic Railroad submitted documents for the record. He described the facility’s history and explained that the proposed project is to extend the existing track 350 feet (as additional space for switching and unloading construction material) along with a 265 foot spur track. He explained the yard will slope downward one degree from the corner of the existing building to the end of the track and that they plan to remove 7,500 cubic yards of fill from the site. He noted that the property is a mess and felt they can’t do anything about it without the consent of the commission. He also explained a new drainage plan, the removal of invasive vegetation and the planting of native vegetation.
Megan Raymond, Wetlands and Soil Scientist and Senior Ecologist with William Kenny Associates, explained that they were retained by the railroad to evaluate the existing site conditions, assist the engineer in developing a storm water management plan, and to prepare a mitigation planting plan for the property. She explained her findings of wetlands and said the railroad proposes to remove 7,500 cubic yards of the 9,500 cubic yards of fill they recently placed on the site. With the proposed storm water management plan, roof run-off will be piped to a water quality basin and a swale in the northern portion of the site would handle the run-off from the yard. She discussed site infiltration, described the mitigation planting plan, and discussed a 125 foot retaining wall (that would be four to six feet high
maximum).
Commissioner Kotch asked how the sliver of wetlands to the east would be protected since it is connected to another off-site wetlands. He also asked about planting plans. Ms. Raymond discussed the drainage ditch, the location of the track, and said that standard erosion and sediment controls will be in place during construction. She said the slope does not provide a great medium for planting. Commissioner Kotch requested confirmation that the proposed project is associated only with the transfer of lumber and building materials and not with waste management or construction debris removal. He was assured this was true.
The applicants were asked to mark the end of the track and the spur and the center of water quality basin.
Mr. Sibley asked questions about the storm water management plan. Atty. Rodriguez said he feels the current plan would handle all the storm water run-off from the site. He also asked that the applicant makes sure that any reports or materials referenced from their previous application would be moved over to this application. He also said the applicant should make sure there’s a statement on record for suitable alternatives that have been considered and that storm water maintenance and best management practices are included in the plans.
Ann Astarita asked about their planting plan and was concerned over the trees in the north and west side are being planting in a row and why was it left open, and not more forested. Ms. Raymond discussed the demarcation with the wall and the intent was to protect the wetland boundaries. They have the shrub buffer around the southern wetland boundary.
Ms. Astarita asked if soil will be added over the present non-organic fill to provide an organic layer. Ms. Raymond said there may be slight augmentation, that scarifying and introducing the root ball may be sufficient, but ultimately it is the landscape contractor’s responsibility. Ms. Astarita also shared concerns over the storm water plan, specifically to the east/south east side, stating there is a great deal of erosion where piping of the catch basins leads into the wetlands. She felt it would be feasible and prudent to address the issues of erosion.
Ann Marie Mitchell, 17 Butterfield Road, submitted additional names to the intervener status, including James Sottile who worked for the federal railroad administration and is now a consultant for HEAT. She asked if interveners can be part of a site visit. Rob said there are liability issues so the question will be referred to Town Counsel. Ms. Mitchell also asked if it was true that nothing can be done about the 7,000 cubic yards of fill on the site and if the commission needs to grant permission for the railroad to clean up the debris.
Helga Ruopp, 46 Hawleyville Road, Newtown, CT, discussed her concerns over the diversion of water because her land is much lower than the railroad’s. She wants to know how her property will be protected by flooding.
Tom Watkins, 89 Glen Road, stated concerns over water quality because of run-off from junk yards.
Wally Waterman, 46 Hawleyville Road, Newtown, CT, asked if there were amphibian life prior to the filling of the wetlands and why the applicant could not remove the total 9,500 cubic yards of fill that was placed on the site without a wetlands permit. She is concerned over the Pond Brook Aquifer because of the garbage and debris on the railroad property and said there should be water quality testing. She asked what guarantee there is that the work on the railroad property is not effecting their drinking water. She also notices a difference in the ecosystem and in the wildlife in the area.
Mike Sanchez, 135 Currituck Road, Newtown, stated that with the roof collapse he is concerned over the water run-off that flows through the garbage and construction debris.
Lee Lawrence, 46 Hawleyville Road, asked if the commission gave the railroad permission on the current activity and is concerned over the destruction of the wetlands. Mr. Sibley stated that a violation was set and that no permission was given. She also noted the concerns over the drinking water, the garbage and contamination.
Cathy Winkler, 149 Currituck Road, asked the commission to consider the railroad’s history. She feels the plans are suspect and that their activities has dramatically changed the environment.
James Sottile, Railroad Safety Expert with PVB Consulting Group, Inc. in Southbridge Massachusetts, noted that the commission should be aware of potential hazards, that an inspection showed several federal violations and that the operation is currently dangerous.
The public hearing will continue to the next meeting on May 26th, 2010.
PENDING APPLICATIONS
IW #10-05 2 Shepard Hill Road, Fahey. Application to construct a garage and recreation room in the regulated wetland area.
Thomas Fahey was present to discuss his application. Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, D, E, F, and
- The approved plans are “Erosion – Siltation Plan, IW #10-05” stamped and received May 6, 2010 by T. Fahey and
- Noted entitled “Erosion-Siltation Mitigation Plan, Re: “IW #10-05, 2 Shepard Hill Road, Newtown, CT and dated May 5, 2010.
Commissioner Kotch seconded the motion. Motion was approved unanimously.
IW #10-06 15 Sherman Street, Pandolfi. Application to remove trees, create pasture, improve drainage in the regulated wetland area.
Commissioner Salling recused herself from this application. Commissioner Pieragostini stepped in as Chair. The Pandolfis were present to discuss their application. Ms. Pandolfi said they labeled the map as requested by the commission, submitted a storm water treatment plan, as well as plans for manure disposal and maintenance. They have received a letter from the neighbor as requested by the commission. The commissioners reviewed the plans and shared concerns over the removal of the trees and the protection of the stream. Mr. Sibley said there should be no activity on this site until the application is approved. Ms. Pandolfi stated that she wants to get the horses onto the property by June 1st and asked if they could be approved for installing a fence. Mr. Sibley
said they can come in to the Land Use Agency to fill out an Inland Wetlands Short Form for that activity.
IW #10-07 25 Shepard Hill Road, Bernard Cieniawa. Application for the removal of a violation.
Mr. Cieniawa and Lynn Barrow were present to discuss building a horse paddock, installing a stone wall, fencing and vegetation. Ann Astarita noted that a violation was issued because of tree removal without a permit. The commission suggested having a soil scientist mark the wetlands and that all new proposed activities be staked. The commissioners also stated that wood chips should be kept away from wetlands.
IW #10-08 6A Russett Road, Robert & Valerie Frate. Application to remove trees and create a trench from a culvert to a pond.
Robert and Valerie Frate discussed their application to hand dig a trench from an existing culvert to their pond and to remove trees between their property and 8 Russett Road in order to install a playscape. They also want to remove trees that are hanging over their fence and garage, as well as remove invasive vegetation. The prior owner painted trees they wanted to remove, so the Frate’s will flag the trees they want to cut down with ribbon and also submit planting plans.
IW #10-09 11 Edmond Road, Advanced Fusion Systems. Application for a building addition, outdoor substation, additional parking and related utilities.
Commissioner Kotch motioned to set a public hearing on June 9th, 2010. Motion seconded by Commissioner Pieragostini. Motion approved unanimously.
OTHER BUSINESS
Acceptance of New Applications
Approval of Minutes: Item Tabled.
Adjournment: Commissioner Kotch motioned to adjourn the meeting at 9:46 pm. Motion seconded by Commissioner Pieragostini. Motion carried unanimously.
AQUIFER PROTECTION REVIEW
The Aquifer Protection Review meeting opened at 9:47 pm and was tabled. The meeting adjourned at 9:50 pm.
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