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08-25-10 Amended
INLAND WETLANDS COMMISSION
Minutes - Amended
Regular Meeting of August 25, 2010 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT

Commissioners Present: Peters, Curran, Hammar, Kotch, and Pieragostini
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 7:30 pm.

PENDING APPLICATIONS

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

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

Mike Lillis from CCA and Jack Curtis, Licensed Landscape Architect, were present.  Mr. Lillis noted a geotechnical report was added to the application.  They found a layer of peat will need to be removed and the original 800 cy of material to be excavated will increase to 2,400 cy.  The material will be kept on site and free draining material will be brought in.  Commissioner Pieragostini asked about an outlet and catch basins.  Mr. Lillis said the pipe is from the town’s drainage system and empties into the wetlands.  She also asked about delineating the wet meadow with a split rail fence.  Mr. Curtis said they use a sickle bar mower and keep the wet meadow approximately three feet high.  He said they can request that area not to be mowed.  Commissioner Curran said she had heard that artificial turf can elevate levels of zinc.  Mr. Curtis explained that the tennis court will be using sand and not rubberized granular fill-in.  All run-off will be directed to underground chambers and leached into the soil.  The commission was not ready to render a decision.

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.  Mr. Nagy was present to discuss this application.  The commission discussed the applicant’s request to waive the fee.  Commissioner Kotch motioned that the fee not be waived.  Commissioner Hammar seconded the motion.  The motion passed 3 to 1.  Commissioner Peters suggested Mr. Nagy work with staff.  The commission will seek an expert report.  Mr. Sibley asked Mr. Nagy to provide a letter from the DEP regarding the dam.  

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

Commissioner Pieragostini motioned to reschedule the public hearing for September 22, 2010.  Commissioner Hammar seconded the motion.  The motion was approved unanimously.  The commission will hire an expert.

IW #10-23   31 Swamp Road, Todd Bolmer.  Application related to a removal of a violation and a permit for an access road – Item Tabled.

IW #10-24   42 Boggs Hill Road, James O’Hara.  Application for a single family residence; and
IW #10-25   48 Boggs Hill Road, James O’Hara.  Application for a single family residence.

Matt Rose, a wetlands commissioner from Danbury, was present to discuss the application.  He noted that the property will be sold and that the applicant would like to renew their application.  The commission requested the applicant return to the next meeting with a subdivision map.  The commissioners will visit both sites.

IW #10-26   90 Huntingtown Road, Robert Feuerberg.  Application related to the replacement of a drain pipe.

Mr. Feuerberg was present to discuss his application.  He noted that no trees will be taken down and that the debris will be removed.  Commissioner Curran motioned to approve the application with standard conditions A, B, C, D, E, F and
  • The approved map by Stuart Somers Co., LLC. is entitled “Site Plan Depicting Pipe Replacement”, 90 Huntingtown Road, Newtown, CT and prepared for Robert Feuerberg, dated August 9, 2010, scale 1” = 10’; 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.  
The motion was seconded by Commissioner Kotch.  Motion approved unanimously.

IW #10-27   52 Great Quarter Road, Mike Bohnet.  Application related to a removal of a violation and installation of a dock mounts on ledge at water’s edge; make stairs from rock platform to path; thin trees and create path to dock access.

Mr. and Mrs. Bohnet were present to discuss the application.  Commissioner Peters stated concerns over the clearing of trees and the lack of stabilization of the slope.  She also said there should be a planting plan and that an engineer should be hired.  Mr. Bohnet said the slope is being stabilized by plants that are re-growing.  Commissioner Peters explained that grass and low shrubs do not provide sufficient stability as do the root structures of trees or larger shrubs.  She said the plans will need to be revised if the applicant wants to remove items from his wish list.  Mr. Bohnet discussed terracing the slope with rock walls.  Commissioner Peters said she did not see that on the plans.  Mr. Bohnet stated they were selective in their choice of tree removal that the slope is in good condition as far as the water flow and that the water flows very quickly.  Commissioner Peters disagreed and said the overgrowth and shrubs that were removed had a significant effect on sheet flow. The commissioners witnessed erosion on the site.

Mr. Sibley explained that the applicant can only apply for activities on their own property and that any work on adjoining property (the proposed dock) requires written permission.  He noted that First Light does not legally own the land between the applicant’s property line and the water.  The applicant still has a violation that should be dealt with and that the commission will require this to be mitigated.  Mr. Sibley stated that the applicant’s A2 survey does not show the property line at the water’s edge and that First Light does not own the land under Lake Zoar.  The commission requires any activity along the waterway to have a permit. He said some people own property right to the lake, or into the lake, which is shown in the deeds and some have been grandfathered in.  The applicant’s property is part of a two year old subdivision.  Commissioner Peters said the commission can render a decision on the mitigation plan, but not on the dock.  It was suggested that the applicant hire an expert.

MOD #09-26   11 Prospect Drive & 40/50 Mile Hill Road South, Noranda Metals Industry.  Application to expand the scope of the remediation project.

Lucas Hellerich, Senior Project Manager, and Matthew Panciera, Senior Project Engineer, from AECOM, Rocky Hill, CT, were present to discuss the modification.  Mr. Hellerich discussed additional contamination found and that the two areas in question are designated as Barrier 1 Extension (8,000 sq ft) and Contingent Barrier 1 Extension (8,300 sq ft) on the map.  Bioremediation injection wells will be placed in Barrier 1 Extension and both areas will have erosion and sediment controls installed.  If it is determined the wells are needed in the contingent Barrier 1 extension, they will inform Staff.  The applicant confirmed that the same materials will be used as requested in the original application and that there will be no change to the access area.  Mr. Panciera said that the shape of the plume has been guided by a natural bedrock trough.  After discussion, Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, D, E, F and
  • The approved map is Figure 1 “Proposed Bio Barrier 1 Expansion, Inland Wetlands Submission” by AECOM, signed by Lucas Hellerich, dated August 9, 2010; and
  • Quarterly status reports 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.  
Motion seconded by Commissioner Kotch.  Motion approved unanimously

OTHER BUSINESS
Approval of Minutes – Commissioner Pieragostini motioned to approve the minutes of August 11, 2010 .  Motion seconded by Commissioner Kotch.  The minutes were approved unanimously as amended.  
The meeting adjourned at 9:45 p.m.