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08-11-10
INLAND WETLANDS COMMISSION
Minutes
Regular Meeting of August 11, 2010 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT

Commissioners Present: Peters, Salling, Curran, Hammar, Kotch, and Pieragostini;
Staff Present:  Rob Sibley, Deputy Director of Planning and Land Use and Tammy Hazen, Clerk

Commissioner Peters convened the meeting at 7:35 pm.

Commissioner Pieragostini motioned to move application #10-22 to the beginning of the agenda.  Commissioner Salling seconded the motion.  The motion was carried unanimously.

IW #10-22  12 Sugar Street, Newtown Hook & Ladder.  Application for the construction of a new Fire Station.

Commissioner Peters opened by stating that a letter was received from Atty. Catherine Cuggino of Chipman, Mazzucco, Land & Pennarola, LLC, representing Francois and Natalie DeBrantes of 13 Sugar Street, requesting a public hearing.  The petition was signed by 31 residents.  Commissioner Curran motioned to set a public hearing for September 8, 2010.  Commissioner Kotch seconded the motion.  The motion was approved 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 from Spath-Bjorklund Associates addressed concerns voiced at the last meeting.  Updated plans show a lot line where the created wetlands are part of the development site.  The two conservation easements are defined as one 6.6 acre parcel and one 3.5 acre parcel.  Mr. Carboni said that the 18.6 acre parcel of land remaining with the Town is not part of this application.  Michael Klein, Biologist and Soil Scientist from West Hartford, discussed the control of invasives and in regards to mowing, there should be flexibility in the request that mowing to be done later in the year.

Commissioner Kotch stated concerns over the intensity of the development and the second parcel not being part of the application, especially since it up to the possibility of future development.  He stated concerns over the property bordering Deep Brook and said that portion should be set aside as a Conservation Easement to protect the brook and the aquifer.  Mr. Klein discussed previous plans and felt the present application has much less density of development than prior versions.  Commissioner Peters said that although the plans have good features, she is still concerned over the intensity of the development and the potential future development of the second parcel.  Commissioner Curran also stated concerns of future development of the second parcel since development was shown in that area on other plans.  Mr. Carboni said that the parcel is being set aside for reasons, including the current economic climate and that any future proposals will come before the commission.  
 
Mr. Sibley asked Mr. Klein if his conclusions of no significant impact has shifted with the new change in lot lines.  Mr. Klein said his conclusions have not changed.

Elizabeth Stocker, Director of Economic and Community Development, explained that the Economic Development Commission (EDC) intends to maintain it’s agricultural use but reserve the parcel for future use, such as if businesses along Commerce road want to expand their property in the back.  They would lose that possibility if a conservation easement was placed on the property.  

Martha Wright from the Conservation Commission said that the commission is concerned that there are no references to open space and that the plans for mowing were unclear.  Mr. Carboni said that since the plan is not a subdivision, there is no need to reserve open space and that conservation easements covers 10 acres of the 23 acres.  He said haying will only be done on the retained parcel and not on the development portion of the application.  When the field is hayed is up to the biologist.

Mr. Klein corrected Mr. Carboni and said that mitigation area A will be seeded with a wet meadow mix and will require mowing.  He said a good time to mow a wet meadow is late summer, early fall.  For Mitigation areas B and C, there are some areas that could be mowed.  He discussed language and possibilities of mowing, which may vary year to year.  He noted the meadow in the reserved parcel is dryer and could be mowed in the springtime of a dry year.  Mr. Klein said there could be specific language built in but because there are two more levels of review (the State and the Army Corp of Engineers) they would like to maintain flexibility since the other reviews may have very specific requirements.  Commissioner Salling said the intent should be that the seeding is accomplished in order not to disturb ground nesting birds.  Mr. Sibley said it could be a condition of an approval or denial.

Martha Wright said the Conservation Commission wants to be assured of who is responsible to maintain and monitor the areas of mowing and the mitigated areas.  Mr. Carboni said the plans include five years of monitoring for the created wetlands, which will be the responsibility of the developer.  

Commissioner Pieragostini motioned to close the hearing.  Motion seconded by Commissioner Curran.  Motion carried unanimously.

PENDING APPLICATIONS

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

Commissioner Salling motioned that if the Under Conn. Gen. Stat. 22a-42 (d)(1) et seq., the Commission is allowed to grant the application upon other terms, conditions, limitations or modifications of the regulated activity which are designed to carry out the policy of sections 22a-36 through 45, inclusive.  As such, the Commission addresses the portion of the application requesting removal of the violation and removal of certain fill and it is recommended that portion of the application be APPROVED with the following conditions: A, B, C, D, E, and
  • The approved plan is the planting plan only entitled “Habitat & Water Quality Enhancement Planting Plan”, prepared for Housatonic Railroad Company, Inc., 30 Hawleyville Rd, Newtown, CT dated June 16, 2010 by William Kenny Associates LLC; 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; and
  • The permit conditions will be performed within two years;  AND
It is recommended that the portion of the application referring to the creation of a rail spur be DENIED based on:
  • The expert report which indicates the likelihood of significant negative impacts to the onsite wetlands.  Specifically, the expert report which states controls must be improved.  
  • The expert report which indicates that the proposed activities will impact wetlands or watercourses offsite, including future activities 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 the proposed plant does not adequately protect off-site wetlands and watercourses.
Motion seconded by Commissioner Curran.  Motion carried unanimously.

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

Jack Curtis, Licensed Landscape Architect, discussed best management practices and stated the pool filter uses cartridges and an ultraviolet purification system.  There will be no chemicals and the overflow goes into an infiltration system.  The pool will be drained every three to five years by a tank truck.  He also explained surface run-off on other areas of the proposed plan.  Mike Lillis discussed the stormwater management systems and percolation tests that were completed.  The applicant will return at the next meeting.

IW #10-21  12, 38, 40 Cold Spring Road, Norman Nagy.  Application to restore and repair existing dam and perform maintenance of the pond

Commissioner Curran recused herself.  Norman Nagy and John Ashielfie were present to discuss this application.  Mr. Nagy explained the application to dredge the pond and reconstruct the dam.  He stated the reports and plans remain the same from his previous application and that the dam has further deteriorated.  

Commissioner Salling said that at previous meetings there were questions whether there should be a dam maintained.  Mr. Nagy said in speaking with Dan Cruson, the Town’s historian, it’s of historical value since there was an old mill that at one time.  He also said that the silt in the pond is from the Town’s sanding of roads.  

Commissioner Peters asked if the dam needs a DEP permit.  Mr. Nagy said it was questionable.  Commissioner Peters then asked if dredging the pond would require the dam to hold more water.  Mr. Nagy said it should be the same.  Mr. Ashielfie said he has seen a tremendous difference in the pond over the years.

Mr. Sibley stated that Mr. Nagy has requested a waiver of fees.  This request will be discussed at the next meeting. The commissioners will visit the site.

OTHER BUSINESS

Communication – Mr. Sibley discussed a letter from Phil Braun, President of Stevens Worldwide Van Lines, regarding IW permit #06-09, 46 Barnabus Road.   The letter states there has been no construction or site work completed for over a year and they would like to change to providing quarterly inspections by the owner instead of weekly reports by a professional.  Mr. Sibley said the permit is good until February 2011, the site is stable and is an active industrial area.  The commissioners determined the application should come in as a modification.

Approval of Minutes – Commissioner Curran motioned to approve the minutes of July 28, 2010 .  Motion seconded by Commissioner Salling.  The minutes were approved unanimously as amended.  

Commissioner Pieragostini motioned to close the Inland Wetlands (9:38 pm).  Motion seconded by Commissioner Hammar.  The motion was approved unanimously.

AQUIFER PROTECTION REVIEW

APR #10-02  Sandy Hook Villa (Verdat Kala) 2, 4, 6, & 8 Riverside Road - Referral from P & Z for a special exception to construct a new bank building, new day care building and two future commercial retail buildings.

After discussion, Commissioner Pieragostini motioned to approve this application as having no significant impact.  The motion was seconded by Commissioner Kotch.  The motion was approved unanimously.

Mr. Sibley discussed the State Aquifer Protection regulations and noted that the USGS report is available.  He said there will be regular meetings in 2011 regarding this.  There is a meeting tentatively set for September 9, 2010 for discussion.

The meeting adjourned at 9:49 p.m.