INLAND WETLANDS COMMISSION
Minutes
Regular Meeting of February 23 2011 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Commissioners Present: Bryan, Curran, Kotch, Peters, Pieragostini and Salling
Staff Present: Ann Astarita, Conservation Official and Tammy Hazen, Clerk
Commissioner Peters convened the meeting at 7:34 pm.
PENDING APPLICATIONS
IW 10-32 Commerce Road, Newtown Technology Park. Application to construct an industrial condominium complex.
Commissioner Peters opened discussion and asked if the commission was ready to render a decision. The commissioners made statements of their findings. After a lengthy discussion, Commissioner Curran motioned to deny this application, specifically,
- The application poses a significant adverse impact to wetlands and watercourses.
- Specifically, the December 1, 2010 Danzer expert report which cites that the total wetland loss is 13,840 square feet and “the elimination of wetland area is a significant impact”.
- Specifically, the January 11, 2011 Danzer expert report which states “there was nothing that changes my earlier conclusions regarding the significant impacts…there are still significant impacts proposed.”
- The proposed activities would cause an irreversible and irretrievable loss of wetland resources.
- Specifically, the December 1, 2010 Danzer expert report which states that “there will be additional significant impacts in the region of the southern stream crossing (between the field and building 1) where the wetlands area is already subject to scour. The installation and placement of the crossing will change the width and the natural character of the floodplain within the immediate area.”
- Specifically, the Danzer expert report dated December 1, 2010 which states that the northern stream crossing (between Commerce Road and building 1) will unnecessarily fragment the wetland corridor.”
- The application contains insufficient management practices and other measures designed to mitigate the impact of the proposed activity on wetlands and the watercourse.
- Specifically, the December 1, 2010 Danzer expert report which states that the “lack of adequate protective buffers…will also negatively alter soil nutrient cycling and wildlife habitat values within the wetland zone by eradicating an important source of course [sic] woody debris to the system.”
- Specifically, the report cited above which states “the close proximity of the developmental envelope to the wetland resources will also create a situation that will invite future intrusion into the wetland areas.”
Commissioner Kotch seconded the motion. After further discussion the motion was called to question.
Ayes: Bryan, Curran, Kotch, Peters, and Salling. Nays: Pieragostini. The motion to deny was passed 5 to 1.
IW #10-36 38 Parmalee Hill Road, Justin Scott. Application related to the removal of a violation.
Atty. Tim Holian, Justin Scott, and Jim McManus were present. Atty. Holian said there has been no agreement reached between this applicant and the owner of 38 Parmalee Hill Road. Ann Astarita suggests this application be withdrawn since their permission from the property owner has been withdrawn. Commissioner Peters stated that there is a violation standing and that Town counsel may need to be contacted. The applicant withdrew the application.
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 his planting plan and answered questions posed by the commission. He stated that he purchased Rose of Sharon to plant as a barrier between the lawn area and the wetlands. The commissioners will revisit the property.
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 #11-06 14 Tanglewood Drive, Daniel Schenzer. Application for the construction of a new driveway.
The applicant asked for this to be tabled.
SEE COMMENTS BELOW REGARDING THE FOLLOWING ROLLINGWOOD SUBDIVISION APPLICATIONS
IW #11-07 Rollingwood Subdivision - Lot 22, Blakeman Construction. Application for a single family residence.
IW #11-08 Rollingwood Subdivision - Lot 63, Blakeman Construction. Application for a single family residence.
IW #11-09 Rollingwood Subdivision - Lot 67, Blakeman Construction. Application for a single family residence.
IW #11-11 Rollingwood Subdivision - Lot 99, Blakeman Construction. Application for a single family residence.
COMMENTS FOR THE ROLLINGWOODS SUBDIVISION APPLICATIONS: Bill Carboni was present to discuss all Rollingwood applications above as well as Lot #82. He noted that the permits for these previously approved lots have expired. He reviewed the plans for the commissioners via projector. The commissioners will visit the site.
IW #11-10 Rollingwood Subdivision - Lot 82, Blakeman Construction. Application for a single family residence.
Greg Carnrick, contract purchaser for Lot 82, asked the commissioners if they would consider re-approving the site plans because he has an application for mortgage pending with March 20th as a deadline. The commissioners reviewed the plans with Mr. Carboni and Mr. Carnrick. After a lengthy discussion,
Commissioner Bryan motioned to approve the application with standard conditions A, B, C, D, E and
- The approved plan is “Proposed Subsurface Wastewater Disposal System, Lot 82, Marlin Road, Newtown, CT” prepared for Blakeman Construction LLC, scale 1’ = 30’ and revised June 23, 2004 and marked 2/23/11
- 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.
3 As offered by the applicant, a split rail fence or other demarcation will be erected between the wetland and the top of the slope.
- As offered by the applicant, a subsurface galleries or rain gardens will be installed to reduce runoff.
Commissioner Kotch seconded the motion. Motion was approved unanimously.
OTHER BUSINESS
Approval of Minutes – Commissioner Pieragostini motioned to approve the minutes of February 9, 2011 as written. Commissioner Salling seconded the motion. The minutes were approved as written.
Commissioner Peters motioned to adjourn the Wetlands meeting. The motion seconded by Commissioner Salling. The motion was approved unanimously. Commissioner Curran excused herself from the meeting.
FOREST PRACTICES
FP #11-02 150 Hanover Road. Cross Cut Tree & Land Management, LLC.
Ms. Astarita said the Conservation Commission approved the crossing of the open space. This will be reviewed further. Michael McCarthy is expected to attend the next meeting.
Commissioner Kotch motioned to close the Forest Practices meeting. Commissioner Bryan seconded the motion. The motion was approved unanimously.
Commissioner Peters opened the Aquifer Protection Review meeting.
AQUIFER PROTECTION REVIEW
P & Z Referral APR #11-02; Application by Peter A. Spath Trust to amend a special exception to enlarge proposed commercial building #2 at 5, 9, 17 & 19 Dusty Lane, Newtown, CT Assessor’s Map 47, Block 11, Lots 16, 17, 18 & 42, as shown on a certain set of maps entitled “Site Plan Amendment for Proposed Commercial Building #2 at 5, 9, 17 & 19 Dusty Lane prepared for the Peter A. Spath Trust in Newtown, CT” dated December 1, 2010, scale 1” – 200’.
Commissioner Curran motioned that the Aquifer Protection Agency has evaluated the application for a modification of a previously approved special exception of Building #2 and related parking and site work. It is determined that the application meets the requirements and the Agency makes a finding that the application is complete. Commissioner Kotch seconded the motion. The motion was approved unanimously.
Commissioner Bryan motioned to adjourn the meeting. Commissioner Kotch seconded the motion. The motion was approved unanimously. The meeting adjourned at 9:35 pm
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