INLAND WETLANDS COMMISSION
Minutes
Regular Meeting of February 9, 2010 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Commissioners Present: Curran, Kotch, Peters, Pieragostini and Salling
Staff Present: Rob Sibley, Deputy Director of Planning and Land Use and
Ann Astarita, Conservation Official
Commissioner Peters convened the meeting at 7:30 pm.
CEASE AND DESIST ORDER
IW Vio 10-07 33 Meadowbrook Road, John & Rosemarie Chapdelaine. Cease and Desist Order for storage of manure in a regulated wetland area.
Ann Astarita provided a summary of the violation issues and Cease and Desist Order. The applicant was not present. Commissioner Pieragostini motioned to uphold the violation and Cease and Desist Order. Failure to pursue an approved permit application within 30 days will result in such fines and penalties as the law allows. After 30 days, the file will be sent to the Town Attorney. Commissioner Kotch seconded the motion. The motion was carried unanimously.
PUBLIC HEARING
IW 10-32 Commerce Road, Newtown Technology Park. Application to construct an industrial condominium complex.
Bill Carboni from Spath-Bjorklund Associates provided an overview of the application.
Commissioner Peters referred to questions she asked at the last meeting regarding buffer zones (prevention of incursions into the wetlands). She said the applicant’s report has not responded to her concerns over the potential physical disturbances of the wetlands, (lawn maintenance & snow management). Mr. Carboni explained their plans and said they can add demarcation barriers.
Commissioner Kotch said there is a lack of detail in the drawings regarding the wetland crossings and is concerned over the narrowing of the water flow. Mr. Carboni said that the detail is not shown, but that there is a verbal description of the construction sequence and explained the proposed box culvert.
Commissioner Kotch shared concerns over Building #1 being too close to the wetlands (and within the 100 foot review area), particularly with potential mowing, fertilization and snow removal affecting the wetlands. Michael Klein, Biologist and Soil Scientist, discussed the difference between the proposal and a conventional subdivision with maintenance. He said decorative fencing can be installed with a no-mow fescue mix.
Commissioner Curran discussed Conservation Commission’s letter regarding the concerns over the exchange of land between the Town and State Department of Agriculture.
Commissioner Salling asked for clarification of Sheet D1 with regards to the culverts. Mr. Carboni referred to Sheet S1 stating that the overall concept will not change.
Public Comments
Joe Hovious and Mary Kaley, representing the Conservation Commission were present. Mr. Hovious reviewed concerns and recommendations provided by the Conservation Commission in their memo dated January 11, 2011. Commissioner Peters thanked them for the valuable information.
Wes Thompson (191 Walnut Tree Hill Road) representing the Economic Development Commission, said he feels the most recent version is a reasonable compromise that addresses all concerns and thanked the commissioners for their due diligence.
George Benson discussed the parcel to be preserved. He explained the agreement between the Town and EDC stating that the parcel will be protected as open space or a conservation easement. Commissioner Kotch asked if it will be protected in perpetuity, noting his concerns over the potential swap of land. Mr. Benson confirmed it will be protected either way. If any changes are made, the applicant will return to the Inland Wetlands Commission and confirmed they will take the Conservation Commission’s concerns into consideration. Conditions of approval and jurisdictions were also discussed. Mr. Carboni and Mr. Klein explained transpiration rates, hydrology, stormwater management, and imperviousness. Mr. Carboni provided a closing statement.
After further discussion, Commissioner Salling motioned to close the hearing. Commissioner Pieragostini seconded the motion. Motion approved unanimously.
PENDING APPLICATIONS
IW #10-34 55 Botsford Hill Road, Dave Butz. Application related to the removal of a violation.
Commissioner Salling stated that the applicant has not submitted appropriate drawings as requested. After lengthy discussion, Commissioner Salling motioned to deny the application, specifically,
- The applicant has not provided in writing or on maps or in drawings, a description of the proposed activity and proposed erosion and sedimentation controls or other management practices, including mitigation measures, which prevent or minimize pollution or other environmental damage, maintain or enhance existing environmental quality or restore, enhance, or create productive wetland or watercourse resources.
- The applicant must submit a complete application within 45 days of this decision.
Commissioner Kotch seconded the motion. Motion was carried.
IW #10-35 40 Parmalee Hill Road, Justin Scott. Application related to the removal of a violation.
Tim Holian, Esq., Jim McManus from JMM Wetlands, and Mr. Scott were present. Copies of a map and a report by JMM Wetlands were distributed. Atty. Holian said this is a companion matter to IW #10-36 noting that the activity Mr. Scott engaged in crossed the boundary of his property into 38 Parmalee Hill Road, owned by the Duane and Carol Turoczi.
Ms. Astarita asked if they plan to discuss both properties since there seems to be a disagreement in the mitigation plans for 38 Parmalee Hill Road. Atty. Holian stated he will only speak in regards to 40 Parmalee Hill Road and provided a statement and history of the activities. Mr. McManus provided his findings as determined by his report.
Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, D, E, and
- The approved map for the site is “Figure 2: 38 & 40 Parmalee Hill Road, Newtown, CT Map Showing the Proposed Enhancement Planting Plan” which is stamped 12-20-10.
- The applicant will confine all activities to the subject site.
- Quarterly reports on forms provided on the Town of Newtown website or available in the Land Use office will be submitted to the Commission until the project is complete.
- The activities approved by the permit will be performed in two years of issuance.
The motion was seconded by Commissioner Kotch. Motion carried unanimously.
IW #10-36 38 Parmalee Hill Road, Justin Scott. Application related to the removal of a violation.
Representatives for Mr. Scott, Kyle Turoczi, Soil Scientist representing Duane and Carol Turoczi of 38 Parmalee Hill Road, and the commissioners and staff discussed options pertaining to this violation. Mr. Turoczi stated that the property owners do not agree with the mitigation plans as proposed by the applicant. The applicant will work with the owners of 38 Parmalee Hill Road and will return to the next meeting.
IW #10-37 7 Russett Road, Susan Ludwig, Dean Harrell. Application related to the removal of a violation.
Susan Ludwig was present to discuss the application. The commissioners and Ms. Astarita explained the significance of the violation. The commissioners suggested that the applicant hire an expert to assist with a mitigation plan. After lengthy discussion, the applicant withdrew the application. The commission requested that the applicant return with a complete application by April 29, 2011 for presentation on the May 11, 2011 meeting. If the application is not submitted, the violation will move into a citation process.
IW #11-01 16 Still Hill Road, Jason Petrelli. Application related to the removal of a violation. Application to install a stone retaining wall and remove an access road.
The applicant was not present.
IW #11-02 85 Sugar Street, J. Carlos Fernandes. Application related to the removal of a violation and to fill in a portion of the wetlands to create a lawn.
Mr. Fernandes explained the work he completed on his property. Ms. Astarita provided an overview of the violation. The applicant was asked to draw a plan with his planting plans. The commissioners will visit the site.
IW #11-03 25 Sherman Street, Michael & Pamela Davis. Application related to the removal of a violation. Application to remove trees and extend a lawn area in the upland review area.
The applicant was not present.
IW #11-04 2 Avalon Way, Kelley DeLuca. Application related to the removal of a violation. Application for the removal of four trees and restoration.
The applicant was not present.
IW #11-05 36 Nearbrook Drive, Corbo Associates. Application for the construction of a single family residence.
Ronald Wolfe, PE, representing the applicant, explained the plans that were submitted. It was noted that the house will be built further away from the wetlands as the original home. After discussion, Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, D, E, F and
- The approved plans are entitled “Subsurface Sewage Disposal Plan”, prepared for The Corbo Group, by Ronald Wolff Associates, 36 Nearbrook Drive, 1” = 20’ and plot dated February 1, 2011.
- Quarterly reports on forms provided on the Town of Newtown website or available in the Land Use office will be submitted to the Commission until the project is complete.
- Replace the barberry buffer along the split rail fence with a planting plan approved by Land Use staff.
Commissioner Kotch seconded the motion. Motion approved unanimously.
IW #11-06 14 Tanglewood Drive, Daniel Schenzer. Application for the construction of a new driveway.
Charles Spath of Stuart Somers Company, Engineer John Mack, and Mr. Schenzer were present to speak on this application. Mr. Spath provided an overview of the plans. The applicant will stake the site and the commissioners will plan a site visit.
OTHER BUSINESS
Officer Positions for 2011 – Commissioners Kotch said that the nominating committee recommends that the officer positions remain as is. Commissioner Curran motioned to have the officer positions remain as is with Anne Peters as Chair, Sharon Salling as Vice-Chair, and Katja Pieragostini as Secretary. Commissioner Kotch seconded the motion. The motion was approved unanimously.
Approval of Minutes – Commissioner Pieragostini motioned to approve the minutes of December 8, 2010. Commissioner Salling seconded the motion. The motion was approved unanimously.
Commissioner Peters motioned to adjourn the Wetlands meeting. The motion seconded by Commissioner Salling. The motion was approved unanimously. Commissioner Curran left the meeting.
FOREST PRACTICES
FP #11-01 150 Hanover Road. Cross Cut Tree & Land Management, LLC. – This application was withdrawn.
Commissioner Kotch motioned to close the Forest Practices meeting. Commissioner Salling seconded the motion. The motion carried unanimously.
AQUIFER PROTECTION REVIEW
P & Z Referral APR #11-01; Site Plan Amendment for Proposed Commercial Building #2; Peter A. Spath Trust, 5, 9, 17 & 19 Dusty Lane.
Commissioner Pieragostini stated that the Aquifer Protection Agency has evaluated the application for a modification of a previously approved special exception Building #2 and related parking and site work. It is determined that the request must be denied as incomplete. Specifically lacking is the following:
- Detailed written document concerning the environmental assessment and impacts of the proposed activity. (emphasis added) The environmental assessment shall address direct and indirect effects, both short-term and long-term, which would result from the implementation of a proposed action and shall contain sufficient detail for the purposes of determining environmental significance of the activity on the environment in general and the aquifer in particular.
Commissioner Salling seconded the motion. The motion was approved unanimously.
Commissioner Pieragostini motioned to adjourn the meeting. Commissioner Salling seconded the motion. The motion was approved unanimously. The meeting adjourned at 10:52 pm
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