INLAND WETLANDS COMMISSION
MINUTES - Amended
Regular Meeting of July 14, 2010 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Commissioners Present: Peters, Salling, Pieragostini, Kotch, Curran, and Hammar
Staff Present: Rob Sibley, Deputy Director Planning and Land Use; and Tammy Hazen, Clerk
Commissioner Peters convened the meeting at 7:30 pm.
PUBLIC HEARING
IW #10-04 Housatonic Railroad Company, 30 Hawleyville Rd. Activities related to the operations associated with a rail yard transfer station.
Edward Rodriguez, General Counsel for the Housatonic Railroad Company, stated there was no additional information to be submitted. Commissioner Kotch asked about the use of "socks" mentioned at the last meeting, stating they are not in the plans. Atty. Rodriguez said the information was not submitted in writing but was in their testimony. A letter from Trout Unlimited was reviewed by the applicant and commented on later in the evening.
Commissioner Peters noted there was a letter from Mr. Kessler that was sent to her home which will be placed in the file. Atty. Rodriguez took a copy of that to review.
Ann Marie Mitchell, 17 Butterfield Road, read a statement regarding two notices of violation issued by the DEP to the Housatonic Railroad and Newtown Transload, LLC. Her statement and the notice of violations were submitted for the file. She also quoted Mr. Rodriguez from a meeting of the Legislative Council in July 2009 which raises concerns about the railroad’s ability to be responsible to implement best management practices. She asked the commission to chose a remediation company and remove the railroad from the process to direct, oversee, supervise or instruct any aspect of the project. She stated the railroad’s indifference and lack of responsibility of privileges given to rail carriers puts the wetlands, watercourses, and ecosystems at risk. (A copy of Ms. Mitchell’s
full statement is in the file.)
Mr. Ruopp, 46 Hawleyville Road, discussed water levels during rain storms and raised concerns over storm water controls and the effects of water flow off the railroad's property onto their own. He discussed the Trout in the Classroom program. Members of Trout Unlimited were disturbed with seeing the activities and that a high concentration of heavy metals were found in samplings.
Mike Sanchez from Currituck Road submitted rainfall data suggesting that the proposed retention system capacity would be overwhelmed.
Joe Borst, 10 Beechwood Drive, stated his disapproval of the application noting the inappropriateness of the operation in a residential neighborhood surrounded by wetlands and within proximity of an aquifer.
Don Brook, 21 Georges Hill Road, said they live near several acres of wetlands that are part of the entire eco system in the area. He presented aerial photographs of the railroad's property and a picture of a Blue Heron taken in proximity of the Winkler's property. While observing fill from the Ruopp's property, he saw evidence of roots from vegetation and questioned whether the vegetation was treated with chemicals prior to its being deposited there
Mr. Winkler asked if their plans could be 100% fool proof and what are the long term impacts of their vegetative plantings.
Atty. Rodriquez discussed Mr. Kessler’s letter and stated that the two notices of violations from the DEP are irrelevant.
John Paul Garcia from Bethany explained drainage plans and basins designed to take one inch of rain per event.
Commissioner Pieragostini asked if there will be a reduction of discharge. Mr. Garcia said the discharge will be redirected, not reduced and is proposed to be treated through the pond.
Megan Raymond, Senior Ecologist with William Kenny Associates, discussed the water quality sampling figures.
Atty. Rodriguez said the proposal will place the property and the surrounding environment in a better condition and that this application is not related to the transfer of waste materials.
Commissioner Peters opened the floor to the public a second time.
Dave Broughton from 145 Currituck Road noted that he found several 18" round drainage tubes that run drainage from the railroad’s property onto his site and that there is an oil sheen over the water. He said garbage blows off the railroad’s property onto adjacent properties and knows of no other neighbor that would take their garbage and throw it over a neighbor's fence and then tell them to clean it up.
Howard Winkler, 149 Currituck Road, stated that the proposed track extension will be within five feet of the wetlands boundary and that railroad cars will be parked directly adjacent to his property. He stated concerns over leaking fluids and garbage blowing into the wetlands.
Glen Kessler, 5 The Old Road, stated concerns the waste facility attracting rodents and flies and said rats eat bird eggs. He also discussed concerns over contaminants from the garbage, i.e., dioxins from paper, arsenic from treated wood, PCB's from plastics, heavy metals, cadmium, and other materials toxic to humans and wetland wildlife. He stated there are many flaws and no benefits to the railroad's application and that the railroad should seek a more suitable location.
Commissioner Kotch motioned to close the public hearing. Commissioner Curran seconded the motion. The motion approved unanimously.
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, provided a summary and asked if the commissioners had any questions. With no further questions or comments from the public, Commissioner Salling motioned to close the public hearing. Commissioner Kotch seconded the motion. Motion approved unanimously.
Commissioner Salling motioned to approve the application with conditions: A, B, C, D, E, L, and
1. The approved plans for the development are: "Site Development Plans for AFS 11 Edmond Road, Newtown, CT", dated revised June 15, 2010 and supporting materials. and
2. 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 Land Use Office.
Motion seconded by Commissioner Kotch. Commissioner Pieragostini abstained. Motion carried unanimously.
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.
Charles Spath from Stuart Somers in Southbury CT, submitted copies of their written response to JMM Wetlands’ letter along with updated plans. Commissioner Pieragostini motioned to close the public hearing. Motion seconded by Commissioner Salling. Motion approved unanimously.
IW #10-11 Commerce Road (Newtown Technology Park) Town of Newtown. Application for the construction of an industrial condominium complex.
Commissioner Pieragostini read the public notice. Bill Carboni, provided a outline of the property and a brief history of this project, including prior alternative plans. He explained wetlands disturbances necessary for the construction of an access road, i.e., two wetlands crossings. The development will be privately owned and maintained entrance drive that terminates at a cul-de-sac. The entrance drive will have sheet flow off the shoulder but the condominium area will have curbs to contain water run-off. He explained the box culverts to cross the wetlands will be large enough to allow the migration of wildlife.
Michael Klein, Biologist and Soil Scientist from West Hartford discussed his findings, recommendations, and proposed mitigation plans.
Mr. Sibley asked about a large outcrop of rocks and asked questions about potential blasting if it is ledge. The hearing will be continued.
PENDING APPLICATIONS
IW #10-12 4 Boggs Hill Rd, Serge Harabosky. Application for a pond dredging and stream/pond restoration.
Item Tabled
IW #10-14 39 Tunnel Rd, Charlie Payne. Application to create a lawn within the regulated area.
Item Tabled
IW #10-15 99 Hattertown Rd, Robert Costa. Application to build a pool & cabana within the regulated wetland area.
Robert and Susan Costa were present to discuss his plans. Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, D, E, and
1. The approved plans are Zoning Location Survey prepared for Robert A. Costa, 99 Hattertown Road, dated September 10, 2008 and revised May 13, 2010.
Motion seconded by Commissioner Kotch. Motion carried unanimously.
IW #10-16 66 Edge Lake Drive, Town of Newtown. Application for the removal and relocation (with 15 LF extension) of an existing CMP culvert.
Ron Bolmer, Town Engineer, was present to explain their plans and answer any questions. After discussion, Commissioner Curran motioned to approve the application with standard conditions A, B, C, D, E, and
1. The approved plans are Culvert Relocation, Edgelake Drive, Sandy Hook, Town of Newtown Public Works, Dated April 13, 2010 and stamped June 4, 2010.
Motion seconded by Commissioner Pieragostini. Motion 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 to discuss the dredging of a pond. Commissioner Salling asked about a stone wall surrounding the pond and how deep do they plan to excavate. Mr. Swift said approximately eight feet deep. The commissioners asked if the applicant plans to have a vegetative buffer and how much of the invasives will be removed. The commissioners will want to visit the site.
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 was present with Andrea Haas to discuss a proposal to use suction dredging to remove invasives. Commissioner Pieragostini if there's mitigation planned for the pond. Mr. McLellan said he only works with the water but can discuss the question with the owner. The commission suggested hiring a professional to discuss vegetation.
OTHER BUSINESS
Approval of Minutes: Commissioner Salling motioned to approve the minutes of June 23, 2010 as amended. Motion seconded by Commissioner Pieragostini. Motion approved unanimously.
The meeting adjourned at 11:30 pm
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