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09-22-10
INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of  September 22, 2010 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT

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

Commissioner Peters convened the meeting at 7:30 pm.

PUBLIC HEARING

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

The public notice was read by Commissioner Salling.

Firefighter Rob Manna, Chief Engineer for Newtown Hook & Ladder, provided an opening statement stating their need to build safe facilities for the fire house and that Sugar Street is a practical location.  He explained that other locations that have been considered were not feasible.  He explained various safety issues with their current building and that their need for space has increased with a reduction in the building’s usable space.

Atty. Christopher Smith from Shipman & Goodwin in Hartford explained the proposed two story 11,414 sq foot building and the 4,980 sq ft of wetlands disturbance.  He explained that the land would be donated.  He introduced the development team:  Richard Camejo with Newtown Hook & Ladder; Christian DeAngelis with Cabezas DeAngelis Engineers & Surveyors (Civil Engineer); Philip Clark (Architect); Robert Sherwood (Landscape Architect) and Megan Raymond with William Kenny Associates (Wetlands Scientist).  A supplemental packet of information was distributed.

Chris DeAngelis provided an overview of the site plans and explained how Newtown Hook & Ladder’s present building has lost 30% of useable space while increasing their required usage.  The entire property encompasses 9.39 acres and 1.01 of those acres fall within the regulated area.  The building is proposed to be built on the highest point of the site and there would be parking for 21 vehicles.  He discussed the requirements to cut and fill an area to provide a level pad.  Drainage plans were explained as well.

Philip Clark provided a rendering of the colonial style building, noting that it will be 32 feet high and is designed to maintain a residential look.

Megan Raymond provided information on potential impacts to the wetlands.  She said the site is dominated by a wetland eco system with a perennial water course.  She said approximately 4,980 square feet of existing wetlands will be affected by this project.  A retaining wall is proposed to avoid encroachment into the wetlands.  She feels there will be no impairment to the hydrological function.  Invasives will be removed and the remaining property will be protected by a conservation easement.

Commissioner Peters asked for a more detailed planting plan and asked if the applicant has plans to mitigate.  Ms. Raymond said they are still developing a plant list and said that mitigation requirements are not as straight forward.  Atty. Smith said that the balance of the site is mostly wetlands but they will place a conservation easement on the rest of the property and that a detailed planting plan will be provided.

Commissioner Kotch asked how far the stream is from the development and requested more information on the retaining wall.  He asked for the environmental impacts on the stream and adjacent floodplain.  Mr. DeAngelis said the distance from the edge of the new parking lot to the center of the water course is approximately 250 feet.  The retaining wall is approximately eight feet tall, not including the parapet.  A spec sheet on the wall system was submitted.  

Commissioner Bryan asked the applicant to provide a response to environmental issues raised in the report by Land-Tech, the commission’s expert.  He also asked what kind of fill will be used.  

Commissioner Curran asked about the effects of ground water.  

Mr. Sibley asked if they require approvals from the Army Corp. of Engineers.  Atty. Smith said they plan to keep the level of disturbance under 5,000 sq ft to avoid a review.  

Commissioner Salling asked about the total impervious surface area and how the lighting would affect the wildlife.  The total impervious surface would be 34,670 sq foot.  Ms. Raymond said the lighting in the rear of the building is motion censored and the rest of the lighting would be downcast and indirect.

Mr. Sibley asked if a wetlands functionality report was completed.  He also stated that a conservation easement cannot be used for mitigation.  He then asked details about the water/oil separators.  Mr. DeAngelis said the oil/water separators will be used on the internal drainage system.  Mr. Sibley said the applicant should consider using these in all the drainage systems for added protection.

Public Participation

Francois DeBrantes, 13 Sugar Street, submitted a formal rebuttal to the application stating there is a lack of alternatives.  

Representing the DeBrantes were Atty. Catherine Cuggino (Chipman & Mazzucco) and Matthew Popp (Professional Wetland Scientist).  Atty. Cuggino pointed out technical flaws in the application and the concerns of a firehouse being built in a residential area.  Their presentations included a dispute over the impact to the wetlands, as well as alternative site possibilities. Mr. Popp discussed and submitted his report dated September 15, 2010.

Edward Terry (18 Lincoln Road) explained that his family has enjoyed the wetlands for many years and asked the commission to deny the project and to protect the site.

Carol Terry (18 Lincoln Road) said the wetlands are in the heart of the borough and the last haven for bird and wildlife.  

Richard Camejo, President of Newtown Hook & Ladder, said the firehouse has hired the most knowledgeable professionals in the area and that he fully supports the application.

Kevin Cragin, Chair of the Board of Fire Commissioners, explained that the Board of Fire Commissioners have been discussing this project for 26 years and have been in unanimous support of it.

Mr. Keegan (6 Juniper Road) stated concerns over fire apparatus accessing Rte 25 via Rte 302.  He said once the fire house is established, he expects Rte 302 to become a four lane highway and is concern over its effects on Ram Pasture.  He suggested using Edmond Town Hall for the fire station and moving the Theater elsewhere.

Alan Shepherd (1 Glover Avenue), Professional Engineer, stated concerns over the retaining wall being placed in the wetlands and that the wetlands and water course should be shown on the plans.  

Jason Rivera (16 Narragansett Trail) Chief of the Newtown Hook & Ladder, noted that fire company members volunteer their time to protect the lives and property of residents.  He stated that the proposed location is essential to carry on their work.

Norman Nagy stated that he has installed the retaining wall system in several locations, including Eichler’s Cove.  He said it’s a very good system.

Henry Krell, 10 Roosevelt Drive, asked if the plantings will be native species.

Michael Burton (107 Church Hill Road) said the retaining wall can aid in the delineation of the wetlands and prevent debris from entering the wetlands.  He asked that the commission approve the application based on its merits.

The hearing will be continued on Wednesday, October 13, 2020 at 7:30 p.m.

PENDING APPLICATIONS

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 and John Ashielfie were present to discuss this application.  Mr. Nagy discussed Steve Danzer’s report and said that his expert, JMM Wetlands, will need to review and comment on it.  Mr. Nagy is waiting for DEP’s comment on information he sent.  Mr. Bryan asked if he understood what is needed by the commission and listed four items (1) A copy of the DEP determination of the dam and water diversion activities; (2) Mitigation for diversion activity; (3) Mitigation for road removal, (4) payment of the expert reports.  Commissioner Kotch motioned to extend the application for 60 days.  Commissioner Salling seconded the motion.  Motion was carried unanimously. Mr. Nagy will submit a request for extension to the Land Use office.  

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

Mr. Bolmer was present to discuss his application.  The applicant was asked to provide a planting plan.  Commissioner Kotch motioned to approve a 60 day extension.  Motion seconded by Commissioner Salling.  Motion approved unanimously.  Mr. Bolmer was asked to provide more details in his plans.

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.

Item Tabled.

IW #10-28   82 Great Quarter Road, Kim Danziger.  Application for the installation of a geothermal infiltrator trench, including a water discharge and the construction of a new seawall.

Mr. Danziger was present to explain details of the geothermal system and discussed temperature contamination.  The system requires a bleed off of water and that DEP suggested the water be bled into the lake.  The water would be leeched into a trench that would flow into the lake.  

IW #10-29   40 South Main Street, Daniel Amaral.  Application to repair retaining wall.

Mr. Amaral was present to discuss plans to fix a deteriorated retaining wall.  The repair will be completed with cement and rebar.  The commissioners will visit the site.  

IW #10-30   Zoar Road, Town of Newtown.  Application to repair drainage pipe.

Commissioner Salling motion to approve the application with standard conditions A, B, C, and D.  Motion seconded by Commissioner Kotch.  Motion was approved unanimously.

OTHER BUSINESS

Approval of Minutes – Commissioner Bryan motioned to approve the minutes of September 8, 2010 .  Motion seconded by Commissioner Kotch.  The minutes were approved unanimously.

The meeting adjourned at 10:37 p.m.