INLAND WETLANDS COMMISSION
Minutes
Regular Meeting of March 3, 2010 at 7:30 pm
Newtown Municipal Center, 3 Primrose Street, Newtown, CT
Commissioners Present: Curran, Hammar, Kotch, Peters, Pieragostini and Salling
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 7:35 pm.
PENDING APPLICATIONS
IW #10-32 Commerce Road, Newtown Technology Park. Application to construct an industrial condominium complex.
Mr. Sibley provided an open statement, stating that he was able to meet with the commissioners individually over the last week to discuss the concerns and comments made prior to their motion for denial. They worked to craft a motion to tend to those concerns. He explained tools that the commission can use and then asked Atty. Dave Grogins to define these tools. Atty. Grogins discussed the difference between a “motion to rescind” versus a “motion to reconsider”, as defined under Robert’s Rules.
After further discussion, Commissioner Salling made the following motion.
I, Commissioner Salling, move to rescind the motion relating to the denial of IW #10-32, Newtown Technology Park that was adopted at the February 23, 2011 meeting. Motion seconded by Commissioner Curran. Commissioner Hammar abstained. Commissioner Kotch asked for clarification of Atty. Grogins comments. The motion was called to question. Yea: Curran, Peters, Pieragostini and Salling; Nay: Kotch. The motion carried.
Commissioner Pieragostini then motioned to recommend that the application be approved with conditions A, B, C, D, E, G, H, L, and
- The approved maps for site development are “Newtown Technology Park, Wetlands Mitigation Plan, Commerce Road, Newtown, CT” by Spath-Bjorklund Associated Inc., sheet S-3, scale 1: - 80’, dated December 9, 2010 and stamped 12-30-10 and “Newtown Technology Park Display 1” dated 10-15-10 and associated maps.
- The Commission will receive and approve the final language of the 11.6 acre Conservation Easement prior development and recording on the land records.
- As offered by the applicant, specific building site plans will be submitted for Commission approval prior to building permits being issued.
- As offered by the applicant, a no-mow fescue mix will be used in the rear and sides of the buildings as part of the landscape plan.
- As offered by the applicant, a preconstruction conference will be held with the developer/s and Newtown Land Use Agency prior to clearing or breaking ground.
- All recommendations and notes, especially those referencing supervision of wetland mitigation and watercourse crossing restoration, cited in the “Environmental Inventory, Evaluation and Impact Assessment”, dated October 6, 2010 and revised 11-11-2010 by Environmental Planning Services and the December 8, 2010 letter to Elizabeth Stocker from Michael Klein and Bill Carboni, stamped on December 30, 2010 will be incorporated into the permit conditions.
- Quarterly status reports on forms provided on the Town of Newtown website or in the Land Use office will be submitted to the Commission when the project begins and will continue until the project is complete.
Commissioner Salling seconded the motion. Commissioner Kotch noted his concerns over the protection of Deep Brook, the Pootatuck River, and the wetlands in the area, especially the area where Building One is proposed. The motion was called to question. Yea: Pieragostini, Curran, Peters, Salling and Hammar. Nay: Kotch. The motion was passed.
IW #11-01 16 Still Hill Road, Jason Petrelli. Application related to the removal of a violation; an application to install a stone retaining wall and remove an access road.
The applicant was not present. Commissioner Salling motioned to deny the application on the basis of it being incomplete. Commissioner Kotch seconded the motion. Motion approved unanimously. Commissioner Peters said that this is still a standing violation and suggested it be referred into the citation process. Mr. Sibley will process this as a citation.
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 was present. After discussion, Commissioner Kotch motioned to approve the application with standard conditions A, B, C, E and
- The approved maps are hand-drawn mitigation map and planting plan submitted by Carlos Fernandes and stamped 2-14-11.
- As offered by the applicant, a demarcation boundary consisting of Rose of Sharon will be installed at the top of the slope; the slope will be seeded; and all erosion and sediment controls removed once the site is stabilized.
- The applicant will contact the Commission or its agent when all work is completed.
- All mitigation work will be completed in two years from the date of this approval.
Commissioner Pieragostini seconded the motion. The motion was approved unanimously.
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. After discussion, Commissioner Curran motioned that the application be denied, 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. Commissioner Salling abstained. After discussing whether this violation should be allowed to return with another application or have it moved into the citation process, the motion was called to question with it being unanimously failed.
Commissioner Curran then motioned that the application be denied, 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.
- That a citation be served on this violation.
Motion seconded by Commissioner Kotch. The motion was approved unanimously
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.
Kelly DeLuca, 2 Avalon Way, and Alan Lewis, 1 Avalon Way, were present. Commissioner Peters stated that the commissioners were expecting mitigation plans. Mr. Lewis said he did not understand this, that there is nothing to restore, and that the area of disturbance was minimal. Commissioner Peters explained how the activities (removal of trees, deposit of debris, and grading of soil in the wetlands) were within the regulated area. She explained part of a restoration plan would be to remove that debris and restore the wetlands to a natural condition.
Ms. Astarita said in addition to wetlands, there is also a conservation easement on the property. Also, where the area was cleared and where the debris, sand, soil and tree limbs were pushed into is within a conservation easement as well as the wetlands. She said this is a two-tiered issue that includes the infringement into the conservation easement as well as the unpermitted activity within a regulated area.
Commissioner Peters explained why the wetlands are important in terms of flood prevention/management and groundwater restoration. She explained placing materials or clearing of these areas are not allowed and that the applicant needs to submit a proper mitigation plan.
Ms. Astarita said the mitigation plans need to also involve removing the trails (ATV track) that were created in the wetland area and that the area must be restored with wetland plants or seeding. Mr. Lewis asked how to obtain a plan. The commission and Ms. Astarita explained to the applicants that they will have to seek assistance from a professional or do the research to create a plan themselves.
Mr. Lewis said he did not agree with this and felt it was blown out of proportion. Commissioner Peters explained further that the commission operates under very clear regulations and suggested again the applicant seek help from either a soil scientist or landscaper who understand what is required under wetland laws. She said the commission needs to render a decision on an application within 65 days of receiving the application. She explained that the commission gives the opportunity for violators to apply for a wetlands permit to fix the violation. The application can either be denied as incomplete, which would be followed by a citation process that includes a $100.00 per day penalty; or the applicant can request an extension or withdraw the applicant and resubmit another.
Commissioner Kotch suggested the applicant meet with staff to get more information. Ms. Astarita explained that she has met with the applicant several times and has explained what is required. Commissioner Salling said the burden is on the applicant to seek out the information they need in order comply with the requirements of the application, otherwise, the application can be denied. With that, the applicant requested an extension of 30 days.
IW #11-06 14 Tanglewood Drive, Daniel Schenzer. Application for the construction of a new driveway.
The applicant was present and reviewed a site plan dated 12-14-10. The commissioners will visit the site.
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 ALL THE ROLLINGWOODS SUBDIVISION APPLICATIONS ABOVE: Bill Carboni provided an overview of the applications to seek a renewal of their prior approvals and presented the plans via overhead projector. Mr. Carboni will stake the sites for the commissioners.
IW #11-12 38 Parmalee Hill Road, Earth Tones. Application for the restoration of wetlands.
Kyle Turoczi from Woodbury, CT reviewed the applicant’s plans to restore and replant the wetlands area. In regards to the question of the property line, Commissioner Peters noted that she spoke with Town Counsel who said as long as the land records show this is the applicant’s property it can be acted upon by the commission. The applicant will return at the next meeting.
OTHER BUSINESS
Approval of Minutes – Commissioner Pieragostini motioned to approve the minutes of February 23, 2011 as amended. Commissioner Curran seconded the motion. The minutes were approved as written.
Commissioner Kotch motioned to adjourn the Wetlands meeting. The motion seconded by Commissioner Hammar. The motion was approved unanimously.
Commissioner Kotch motioned to open the Forest Practices meeting. The motion seconded by Commissioner Salling. The motion was approved unanimously.
FOREST PRACTICES
FP #11-02 148-150 Hanover Road. Cross Cut Tree & Land Management, LLC.
Michael McCarthy was present to discuss his request to cross the wetlands to complete a timber harvest. He will stake the site properly. Mr. McCarthy said the timber harvest could take two to four weeks to complete. The commission will review the material and visit the site.
Commissioner Kotch motioned to close the Forest Practices meeting. Commissioner Salling seconded the motion. The motion was approved unanimously.
The meeting adjourned at 9:20 pm.
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