INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of June 23, 2010 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Commissioners Present: Peters, Salling, Kotch, Curran, Hammar, and Bryan
Staff Present: Rob Sibley, Deputy Director Planning and Land Use;
Ann Astarita, Conservation Official; and Tammy Hazen, Clerk
Commissioner Peters convened the meeting at 7:30 pm.
PUBLIC HEARING
IW #10-04 Housatonic Railroad Company, 30 Hawleyville Road. Activities related to the operations associated with a rail yard transfer station.
Edward Rodriguez, General Counsel for the Housatonic Railroad Company, distributed documents for the record that included a letter from William Kenny & Associates, a letter from John Paul Garcia commenting on the Land Tech report, a revised habitat water quality enhancement plan, and revised drawings. He also submitted a copy of a drawing with the location of a possible new building and the applicant's storm water permit (general permit) obtained by the contractor relating to the storm water drainage. Also submitted was a summary of test results of the fill.
Megan Raymond, Senior Ecologist with William Kenny Associates in Fairfield, CT, presented testimony regarding the response letter to Land Tech. She explained that the position of the water quality basin was dictated by protecting wetlands and controlling run-off and believes the basin achieves the goal of maximizing renovation on the property while protecting wetland resources. She said that a four foot high mesh fence will demarcate the wetlands and discussed planting plans and results from the DEP natural diversity database. She agreed that there is erosion on the east side of the existing building that has resulted in run-off and explained erosion and sedimentation controls they will use in this area. She felt the area is densely vegetated and removing of vegetation would be damaging and that
it's best to allow the sediment to remain and let it naturally revegetate.
John Paul Garcia, Licensed Land Surveyor from Bethany CT discussed his June 15th letter responding to questions raised by Land Tech's June 1st letter. He explained a permanent access to the sediment pond and spreader to be used for maintenance. He explained areas that will be covered with rock and aggregate and a revision to the anti tracking pad. Mr. Garcia discussed the stormwater management and said the sediment pond will handle approximately one acre of run-off.
Commissioner Salling asked him to confirm that the only points they find a difference is in points two and five. Mr. Garcia confirmed
Commissioner Peters asked Mr. Garcia about his comment regarding one acre. Mr. Garcia said the roof and area run-off that the sediment pond will handle is just over one acre. Commissioner Peters then asked about the surface water flow from the rest of the site. Mr. Garcia said there will be sheet flow from the rest of the site and explained the drainage patterns. Commissioner Peters then asked about the property line to the south. Mr. Rodriguez discussed the delineation of the facility but that the entire facility totals about 13.3 acres. Mr. Garcia then stated that about 2½ acres of the site will flow through the basin.
Commissioner Kotch asked for clarification regarding the elevation of the railroad spurs, the wall being constructed at the end of the spur, and how much fill is coming out of the site. Mr. Garcia discussed the grade and said the wall will be approximately five to six foot. Commissioner Kotch then asked for clarification of the planting plan and the areas that will be rip rapped instead of vegetated. Ms. Raymond said there is an area already vegetated that will not be disturbed. Commissioner Kotch said that it looks like there will be no vegetation on the railroad side. Ms. Raymond said it is not necessary because of the steepness of the slope and that the rock will be sufficient.
Ms. Astarita stated continuous concerns regarding the area of the property holding standing C & D (construction and demolition) waste and asked how the railroad plans to treat the stormwater and what is being done to assure that heated stormwater run-off is not flowing into the wetlands. Mr. Garcia said the area will not contribute to the heating of water. Ms. Astarita asked about the erosion that is currently there. Mr. Garcia said that crushed stone can be used on a 45 degree slope with no stabilization and with no erosion. Atty. Rodriguez said in terms of run-off from C & D activities, they have instructed the contractor not to leave exposed C & D overnight. He said the long term solution to C & D loading operation is to move the entire operation into an enclosed structure.
Mr. Sibley asked if the area to be reclaimed where current spur ends will be seeded and mulched. He said there seems to be no description on the plans about the depth of topsoil. He also asked about the groundwater separation device. Mr. Garcia said the areas of disturbance will be remediated. Mr. Sibley then noted a letter received from Town Counsel, David Grogins, regarding his opinion on public attendance during site visits. Atty. Grogins indicated that the public and interveners should not visit the site without permission.
Ed Moran, 38 Hawleyville Road, asked what plans will be in place to monitor the neighbors wells. Commissioner Peters said that the commission does not have jurisdiction over the wells and that those concerns should be brought forth to DEP and the Health District office.
Ann Marie Mitchell, 17 Butterfield Road, said that on June 18th there was a fire truck dispatch in Litchfield pertaining to a rail car fire. She asked if there are contingency plans to protect the wetlands with those types of concerns.
Howard Winkler, 149 Currituck Road, stated that throughout the process he listened to how soil is clean and not contaminated, but noted that there is a notice of violation against the railroad for materials that have migrated onto their property. He showed the commission samples of asphalt that was found on his property earlier in the day and said his property is littered with steel, asphalt and concrete and that with the six adjacent property owners there are 6,000 linear feet being affected. He said its wrong to say that it's clean material and that adjacent property owners have not seen anything that appears to be right. He said that it was different when the railroad was a lumber yard, but feels there is an integrity issue now and that a lot is being said that is not quantified.
Glen Kessler, 5 The Old Road, asked what type of waste is being brought onto the property and what limitations will there be on the waste types being transferred. He also stated concerns about airborne pollutants and the effects the operation has on drinking water. He stated concerns about long term potential for toxins seeping into the wetlands. He asked why the railroad put such a dangerous site on wetlands and why can't it be relocated.
Cathy Winkler, 149 Currituck Road, discussed the proposed building for construction materials and said she finds it hard to believe that the garbage won't be used on the site. She also questioned Ms. Raymond's statement regarding a dense canopy on their property, noting that nothing grows on garbage.
Helga Jensen Ruopp, 46 Hawleyville Road, discussed her concerns over stormwater drainage and noted that she had submitted photographs showing how water decimates her property and causes severe washouts. She is concerned over the additional acreage of roof and non porous material, causing more water drainage with potential contaminants. She shared concerns over her well water and noted that Pond Brook feeds into the Housatonic River which ultimately flows into Long Island Sound. She discussed how this could affect the Housatonic Oyster Beds at the mouth of Long Island Sound.
Mr. Dennis Daugherty, 23 Pocono Road, noted that the railroad operation came into being under federal law that was weak and that there were no public hearings by the town. He noted it was a very poor decision on the railroad's part to put a trash operation on top of an aquifer and in a residential neighborhood. He said he hopes the railroad would be smart enough to move the activity to another site.
Wally Waterman, 46 Hawleyville Road, stated confusion about the map stating that if most of the fill is to be removed, why is there discussion over a steep slope. She shared concerns over the impact to the wetlands, that they have been destroyed and asked why there is no discussion about mitigation.
Mr. Sibley explained that the Inland Wetlands Commission unfortunately can not deal with drinking water issues, with wells, or with the aquifer. It was encouraged for those concerns to be brought forth to the DEP or the Health District's office.
Commissioner Kotch asked Mr. Garcia about the detention basin and shared concerns over petroleum products off of the railroad cars being parked on the proposed railroad spurs, stating the potential hazards of oil, gas, and grease traveling into the water quality basin and then into the wetlands. Mr. Garcia said that the grease is similar to any other vehicle, that the cars run on greased bearings. He noted that the infiltration basin is meant to polish and renovate storm water. Commissioner Kotch noted concerns over heavy pollutants and said he wants evidence that it won't happen, which he feels is impossible and said he believes their reasoning is faulty.
Commissioner Peters said she wanted reassurance that the stormwater is properly treated. Mr. Garcia said that in his professional opinion, there wouldn't be an issue but also suggested adding "socks" in the basins that would assist in picking up any sheen. Socks are used in truck terminals and automotive facilities. Commissioner Kotch stated concerns again noting that it is a railroad spur situated between two high quality wetlands. Atty. Rodriguez said he hasn't seen that rail cars would pollute wetlands but agreed that they will place absorbent materials in all locations. He noted the waste exclusively contains C & D debris and there is no hazardous materials. He stated their goal is to get the C & D operation inside, mitigate the deposit of fill on the property, and
make a good faith attempt to remediate the violation. He requested that the public hearing be closed. The commissioners said they would like more time to review information that was submitted by the applicant. Atty. Rodriguez consented to an extension until the next meeting on July 14th, 2010.
IW #10-09 11 Edmond Road, Advanced Fusion Systems. Application for a building addition, outdoor substation, additional parking and related utilities.
Steve Sullivan, P.E., CCA, LLC, Brookfield CT, presented updated plans and discussed changes, including the decrease of the parking spaces and pervious surfaces for some of the parking area. The change decreases the amount of impervious surface from 2.1 acres 1.8 acres. He discussed the letters received from Steve Danzer and Trout Unlimited. Trout Unlimited shared concerns over summer run-off. Mr. Sullivan explained the stormwater management system. Mr. Sullivan noted that the roof was changed to a light color, which is more environmentally friendly and that the proposed additions will also have a lighter roof. He then showed the areas on the property that will be used for snow storage.
Sigrun Gadwa, Professional Soil Scientist and Wetlands Scientist from REMA Ecological Services LLC in Manchester, CT, discussed areas of impact and explained their mitigation plans, including the removal of invasives and the creation of wetland areas. Ms. Gadwa stated that the wetlands will all be utilized positively and that there is a high pollution renovation function in the surrounding wetlands.
Commissioner Kotch asked about the treatment of roof run-off. Mr. Sullivan said it is not currently being treated but explained their plans to treat the water before it flows into the brook. Commissioner Kotch asked about the water that comes off the back of the roof. Mr. Clark said they are overflow drains and are not the primary drainage.
Bob Rau, Chairman of the Economic Development Commission, 12 Lake Road, stated that the location of AFS in Newtown is important and that more than 200 jobs will be created. He stated it will be the largest business to pay taxes in Newtown and will attract satellite businesses. He stated that EDC urges the commission to do whatever is required for AFS to be located in Newtown.
The public hearing will be continued. The applicants were asked to stake the site, provide a functionality report, and provide mitigation plans.
IW #10-10 2, 4, 6, 8 Riverside Road (Sandy Hook Villa) Verdat Kala. Application for the construction of a new bank building, a new day care building, and two future commercial retail buildings.
Commissioner Salling read the public notice. Charles Spath from Stuart Somers in Southbury CT, distributed and explained their plan to combine four parcels into one. Although there are no wetlands on the property, the applicant came before the commission because the property is partially over the aquifer and is in proximity to the Pootatuck River. He said the properties currently have private wells and discussed the revision of the sewer district. Permeable pavers will be used in part of the parking lot and all roof run-off will flow into three rain gardens. Mr. Spath described the phasing of the project.
Keith Beaver, Senior Associate, Didona Associates, Danbury, CT, discussed the streetscape design and planting plans, including rain gardens. Commissioner Salling asked about the size of the rain gardens. Mr. Spath explained storm water treatment and drainage calculations. Commissioner Peters asked where the pavement area currently is. The public hearing will continue.
PENDING APPLICATIONS
IW #10-07 25 Shepard Hill Road, Bernard Cieniawa. Application for the removal of a violation.
Commissioner Salling motioned to approve this application with the following conditions: A, B, C, E, and
The approved plans are hand-drawn plan for 25 Shepard Hill Road, Revision 3, Scale 1” = 12’, signed by Bernard Cieniawa, dated June 4, 2010, and stamped June 11, 2010.
The June 4, 2010 list attachment entitled “Changes” which details two re-staked areas by the stone wall and fence for the paddock is incorporated into the permit conditions.
A vegetated buffer will be maintained between the fenced area north to the pond.
A vegetated buffer will be maintained between the fence and the intermittent stream labeled “ditch” on the east side of the new pasture.
the propose stone wall will end no closer than six feet from the intermittent stream labeled "ditch" on the east side of the new pasture.
Commissioner Kotch seconded the motion. Motion carried unanimously.
IW #10-11 Commerce Road (Newtown Technology Park) Town of Newtown. Application for the construction of an industrial condominium complex. - PUBLIC HEARING SET FOR JULY 14, 2010.
IW #10-12 4 Boggs Hill Road, Serge Harabosky. Application for a pond dredging and stream/pond restoration.
Item Tabled
IW #10-14 39 Tunnel Road, Charlie Payne. Application to create a lawn within the regulated area
Mr. Payne was present and explained his plans to build a recreation area and that he misunderstood and began removing trees without permission. Commissioner Peters said that the commission will require mitigations plans. Commissioner Salling shared concerns over the clear cut of the area. Mr. Payne will work with staff.
IW10-15 99 Hattertown Road, Robert Costa. Application to build a pool & cabana within the regulated wetland area.
Mr. Costa was present to discuss his plans for a pool and cabana. Commissioner Hammar asked if he can move the location of the cabana. Mr. Costa said because of the way it would shade the pool, it needs to be in the proposed area. Ms. Astarita suggested a rain garden for the cabana roof run-off. Commissioner Curran ask about the water system being used for the pool. Mr. Costa said there will be a filter cartridge and that no backwashing will be needed. Ms. Astarita asked where the mechanicals for the pool will be. Mr. Costa said they will be along the house.
IW10-16 66 Edge Lake Drive, Town of Newtown. Application for the removal and relocation (with 15 LF extension) of an existing CMP culvert.
The Town of Newtown has requested that the application be tabled until the next meeting
OTHER BUSINESS
Approval of Minutes: Commissioner Kotch motioned to approve the minutes of June 9, 2010. Motion seconded by Commissioner Hammar. Motion approved unanimously.
The meeting adjourned at 11:00 pm
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