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07-28-10
INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of July 28, 2010 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT

Commissioners Present:  Peters, Salling, Curran, and Bryan
Staff Present:  Rob Sibley, Deputy Director of Planning and Land Use; Ann Astarita, Conservation Official
and Tammy Hazen, Clerk

Commissioner Peters convened the meeting at 7:42 pm.

CEASE AND DESIST

VIO #10-06  31 Swamp Road, Todd and Erin Bolmer - Clearing, Filling and Altering a Regulated Wetland Area.
Ms. Astarita said on April 23rd a complaint was called in that a filling of a wetland was occurring.  After observing the site, a violation was issued on May 6th for clearing, altering and filling of a wetland  She received a telephone call from Mr. Bolmer stating that he would call the week after to arrange for a permit.  On July 6th since no action was taken and her attempts to reach Mr. Bolmer were unsuccessful, she issued a Cease and Desist order on the 19th.  Since that time, Mr. Bolmer has submitted a permit application.  After discussion, Commissioner Salling motioned to uphold the Cease and Desist Order for Violation #10-06, 31 Swamp Road, Todd and Erin Bolmer, clearing, filling and altering a regulated wetland area, issued on May 6th, 2010.  Motion seconded by Commissioner Curran.  Motion carried unanimously.

PUBLIC HEARING

IW #10-11  Commerce Road (Newtown Technology Park) Town of Newtown.  Application for the construction of an industrial condominium complex.

Bill Carboni was present to discuss the application and provided revised plans that include a rain garden near building one.  He explained the sheet flow off of the driveway and storm drainage patterns.  

Commissioner Peters asked about the rock outcrop (bedrock) near building three and then said there were no flags numbered for the site walk.  Mr. Carboni said if the outcropping is bedrock, it would be excavated using standard development processes.   Commissioner Peters asked if standard processes include blasting.  Mr. Carboni said possibly but that they prefer to use a hammer.  He explained the drainage patterns if blasting was used.  The property will be sold as one piece and the approved plan would be marketed.  Commissioner Peters asked if the rest of the parcel is before the commission or being set aside. Mr. Carboni said that the lower portion of the property is not part of this proposal and that a division line is set up to incorporate the enhanced wetlands.  The lot line will be more defined when the final plans are done and the remainder of the property will remain in Town ownership.  He said whoever buys the condominium plan will be responsible for the restoration of the wetlands.  

Commissioner Salling asked about potential effects of blasting on hydrology and infiltration.  Mr. Carboni said it could effect underground hydrology but said a majority of the water will go over or around it.  He felt the development of the buildings will have more impact to the hydrology than the blasting of rock.  Commissioner Salling then asked about water movement into the existing and created wetlands.  Mr. Carboni explained the drainage patterns.  Commissioner Salling then asked about invasives and asked where invasive mitigation will stop.  Mr. Carboni said they can continue beyond the point first described.  

Michael Klein, Biologist and Soil Scientist from West Hartford, discussed his findings, recommendations, and proposed mitigation plans.  

Commissioner Curran asked if they received the memo from the Conservation Commission.  Mr. Carboni said that they are asking for a more defined line and that the line will include the created wetlands but not the water quality basin.  He said it depends on where the created wetlands is extended to and until they graded the area, they won't know the size of it.  

Mr. Bryan asked if there will be a sub process.  Mr. Carboni said the line will be marked out later with the intent that the resources are retained by the Town. Commissioner Bryan said if the applicant was anyone else, the Commission would expect a specific line.  Mr. Carboni said it could be done, but it would be nicer to do it later.  

Commissioner Peters said there are extensive wetlands in the separated area and shared concerns if a developer came in.  Mr. Carboni said the land could be used for companies on Commerce Road if they want to extend their properties in the back.  

Mr. Klein said the wetland mitigation areas would require a long term conservation restriction as part of the Federal and State approval at the minimum.  Commissioner Peters said the parcel is creating a self created hardship.  Mr. Carboni said it depends on who's developing the piece and that a maintenance/management plan would need to be clarified.  Mr. Klein discussed onsite vs. offsite mitigation and that the mitigation would be conveyed to the new owners.  Ms. Astarita said it seems nebulous where the property lines are, there has to be a decision ahead of time.

The commissioners asked for a more clear delineation of the property line between the proposed condominium project and the separate parcel.   Mr. Klein said they will adjust the property line to include the mitigation areas.  Ms. Astarita stated that with two wetlands crossings, the conservation area would need to be identified.  It is something the Commission would expect from any applicant.  Mr. Carboni said it would delay the process.
Commissioner Curran said she thought the new proposal was half of what the original proposal is, but now it seems like the applicant is just proposing one portion of a larger proposal.  Mr. Carboni said that based on the per square foot area, there is a 10% reduction in impervious area.

Ms. Astarita asked the chronological aspects of the mitigation portion of the plan.  Mr. Carboni said that the creation of the wetlands and invasive removal would be timed with roadway construction.

Commissioner Curran asked if a wetlands scientist will oversee the mitigation.  Mr. Klein confirmed the plan calls for a wetlands scientist to supervise the grading and planting of these areas.  

Public Comments

Joe Hovious, Chair of the Conservation Commission, stated that the commission reviewed the plans and consultant’s report and said that the drawing showing maps and field marking was not in the file this morning.  He said the Conservation Commission has reviewed several manifestations of this project a number of times and as an overview statement, they are taking a large piece of open space and developing it.  Based on what he has heard in the last half hour, he is more uncomfortable with the Deep Brook watershed being adequately protected.  He complimented the low impact development principals but was unclear looking at the various drawings.  He feels the property lines need to be more clearly defined.  He recommends the hearing be held open until updated plans are in place with more clear property lines.  He also noted that looking at the environmental assessment, he saw references to open space, but cannot see where those parcels are.  He requested drawings to be more clear regarding open space as well.

Bob Rau, Chair of Economic Development Commission, said he had difficulty following the conversation and is not sure if the commission is in agreement if the subject of the commission is this land or the entire property.  Ms. Astarita said the property line has not been established yet, so it's up for consideration.  He said he thought the line was clear.

Mr. Carboni said they will return with revised map showing a clear lot line, the conservation easement on the wetlands and an inspection plan.

The Public Hearing will be continued to August 11th, 2010./

PENDING APPLICATIONS

IW #10-04   Housatonic Railroad Company, 30 Hawleyville Rd.  Activities related to the operations associated with a rail yard transfer station.

The commissioners decided there is a tremendous amount of information to still review.  A decision has not been made and this item was tabled.

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 motioned to approve this application with standard conditions A, B, C, D, E, F, L, N, and
  • The approved plans are Sandy Hook Villa, Assessor’s Map 39, Block 4 Lots 3, 4, 5 & 14, 2, 4, 6 & 8 Riverside Road, Newtown, Connecticut, Prepared for Verdat Kala by Stuart Somers Company, LLC, et al, dated 6-21-10 and stamped 7-14-10; and
  • The Commission incorporates the revisions included in a letter from Stuart Somers Company LLC to the Inland Wetlands Commission and dated & stamped July 14, 2010; and
  • A quarterly status report on forms provided on the Town of Newtown website or in the Land Use office will be submitted to the Commission until the project is complete.  
Commissioner Bryan seconded the motion.  The motion was carried unanimously.

IW #10-12   4 Boggs Hill Rd, Serge Harabosky.  Application for a pond dredging and stream/pond restoration.

Commissioner Peters said that a fee has not been paid on this application and that there is insufficient information.  Two special meetings were set up for this applicant that were not attended by the applicant or a representative.

Commissioner Curran motioned that the application be denied as incomplete;
1.  Specifically, the applicant has not provided sufficient information to the Commission for a fair and informed determination of the issues.  The application is incomplete and is lacking necessary maps, description of activities, and fees.

Commissioner Salling seconded the motion.  The motion was carried unanimously.

IW #10-17   4 Whippoorwill Hill Rd, Michael & David Otto.  Application for the dredging of a pond.

Jim Swift, PE Landscape architect was present.  

Commissioner Salling motioned to approve with standard conditions A, B, C, D, E, and
  • The approved plans are Pond Excavation Plan, 4 Whippoorwill Hill Road, Newtown, Property of Dorothy Otto by James R. Swift dated June 2, 2010 and stamped June 17, 2010; and
  • A quarterly status report on forms provided on the Town of Newtown website or in the Land Use office will be submitted to the Commission until the project is complete.  
Commissioner Curran seconded the motion.  The motion was carried unanimously.

IW #10-18   219 Hattertown Road, Aquamarine Environmental Solutions.  Application for the removal of invasive aquatic plants (milfoil and elodea) and removal of sediment.

Reggie McLellan and Andrea Haas from Aquamarine Environmental Solutions were present.

Commissioner Curran motioned to approve this application with standard conditions A, B, C, D, E, and
  • The approved plans are Town of Newtown, GIS map with notes identifying locations of sediment stockpile area, silt screen, and hay bales; and Malin Project Plan “A” dated July 20, 2010 submitted by Aquamarine Environmental Solutions, LLC  relating to the addition of a two foot buffer.
  • A quarterly status report on forms provided on the Town of Newtown website or in the Land Use office will be submitted to the Commission until the project is complete.  
Commissioner Salling seconded the motion.  The motion was carried unanimously.

IW #10-19  38-44 Taunton Hill Road, Taunton Hill Road, LLC.  Application for the construction of a recreational area.

Jack Curtis, Licensed Landscape Architect, discussed the application to construct a recreation area stating that of the 22 acres of land, the project involves 1.4 acres of the property.  The proposed recreational area is surrounded on three sides by wetlands.  The wetlands have been flagged and a silt fence and hay bale barrier has been installed.  The proposed area is adjacent to an existing pond.  He explained the landscaping and gravel walkways with the area surrounding the swimming pool being paved.  He explained storm drainage patterns and said there will be a buffer of vegetation between the recreational area and the wetlands.  

Commissioner Salling asked what is currently in that area.  Mr. Curtis said it is an open riding area for horses and the central portion is used as storage for construction equipment.  

Commissioner Curran asked for a precise figure on the amount of impervious surfaces and the distance from the wetlands.  Mr. Curtis said the closest point is 15 feet but it mostly ranges from 50 to 100 feet.

Commissioner Peters asked about the buffers around the existing pond.  Mr. Curtis said it's currently vegetated with wild flowers and wetland plants that will remain (the pond will not be touched).  

Commissioner Bryan asked about pool discharge.  Mr. Curtis said it will use cartridge filters with no backwash necessary and there will be one small section of detention chambers for pool overflow.  If the pool has to be drained, it will be pumped to a trailer.  Commissioner Bryan asked about more wetland friendly growth around the wetlands plantings.  They agreed.  Commissioner Peters asked if the area is staked.  Mr. Curtis said it is.  

Commissioner Salling asked how much soil will be removed during the course of excavation.  Mr. Curtis said approximately 800 yards of material will be placed on another part of the property and that no material is being brought on or offsite.  Ms. Astarita asked about stormwater infiltration.  Mr. Curtis showed they are under the gravel walkways and some near the base of a pull off area.  Mike Lillis from CCA stated there is a total of 0.31 acres of impervious surface.  He discussed grading plans and drainage patterns.  

Commissioner Peters asked if the water could be detained prior to it being discharged into the wetlands.  Mr. Lillis said most of the water is captured and detained in the chambers and then percolates, but in times of overflow a six inch pipe is utilized.  

Commissioner Salling asked if they would consider a rain garden.  Ms. Astarita asked that verbiage be added to the narrative stating the area will be mowed only once or twice a year.

The commissioners will visit the site.

IW #10-20  Georges Hill Road Extension Drainage Pipe, Town of Newtown.  Application for the replacement of a drainage pipe.

Commissioner Salling motioned to approve this application with standard conditions A, B, C, D, E, and
  • The approved hand-drawn plans are entitled “George’s Hill Rd [Extension] Drain Pipe Replacement”, stamped 7-20-10, and consist of a GIS location map, sketch of the road, and sketch of the pipe to be replaced.  
The motion was seconded by Commission Peters.  The motion was carried unanimously.

OTHER BUSINESS

Approval of Minutes:

Commissioner Curran motioned to approve the minutes of July 14, 2010 .  Motion seconded by Commissioner Salling.  Commissioner Bryan abstained.  Motion approved unanimously as amended.  Commissioner Salling motioned to approve the minutes of July 22, 2010 .  Motion seconded by Commissioner Peters.  Motion approved unanimously as amended.  

The meeting adjourned at 10:20   pm.