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03-23-11

INLAND WETLANDS COMMISSION
AMENDED  MINUTES
Regular Meeting of March 23, 2011 at 7:30 pm
H. C. Booth Library, Main Street, Newtown, CT

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

Commissioner Peters convened the meeting at 7:30 pm.

PENDING APPLICATIONS

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 of wetlands.

Alan Lewis, 1 Avalon Way, was present.  Mr. Sibley said a plan has been received that attends to the disturbance and restoration of the site.  

Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, and
  • The approved plans are: Dated received 3/23/2011, Al Lewis, Restoration Plans for 2 Avalon Way and details.
  • 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.
Commissioner Kotch seconded the motion.  The motion was approved unanimously.

IW #11-06       14 Tanglewood Drive, Daniel Schenzer.  Application for the construction of a driveway, house, septic, well and two garages for a single family lot.

Mr. Schenzer was present.  Mr. Sibley reviewed Megan Raymond’s (William Kenny Associates, LLC) letter dated March 23, 2011, regarding the depression located on the property, noting the area is not delineated as an inland wetland or watercourse.  Mr. Sibley stated that his concerns would be regarding future developments in the area.  Charles Spath said when he submits the building plans he will include the limits of disturbance.  After discussion,

Commissioner Curran motioned to approve the applications with standard conditions A, B, C, D, E, F, and
  • The approved plans are “Overall Site Plan.  Assessor’s Map 50, Block 1, Lot 12, 14 Tanglewood Lane, Newtown, CT” and associated maps prepared for Daniel Schenzer and dated December 14, 2010 by Stuart Somers Co., LLC.
  • 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.
Commissioner Kotch seconded the motion.  The motion was carried unanimously.

IW #11-07  Rollingwood Subdivision - Lot 22, Blakeman Construction.  Application to build a single family home.

Commissioner Salling motioned to approve the application with standard conditions A, B, C, D, E and
  • The approved plan is “Section 7 Resubdivision of Lots 22, 68 and Other Lands of Blakeman Supplemental Map and Conservation & Grading Plan, ‘Rollingwood’ in Newtown, Connecticut” prepared for Blakeman Construction LLC, Scale 1” = 40’, dated July 21, 1998.  
  • Runoff from the roof shall be detained for the purpose of recharging the ground water.  
  • A demarcation boundary shall be installed at the limits of grading for the construction of the driveway, house, front yard and septic system.  The demarcation boundary may consist of a split rail fence, open jointed rock wall, placed boulders, a row of trees or shrubs, or other means approved by its agent.
  • The applicant must create a bio-swale on the north side of the driveway between the edge of pavement and retaining wall.  The swale shall be a minimum of 18 inches deep and have one foot high rock check dams every 25 feet.
  • 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.
Commissioner Pieragostini seconded the motion.  The motion was approved unanimously.

IW #11-08  Rollingwood Subdivision - Lot 63, Blakeman Construction.  Application to build a single family home.

Commissioner Hammar motioned to approve the application with standard conditions A, B, C, D, E and
  • The approved plan is “Proposed Subsurface Wastewater Disposal System, Lot 63 Marlin Road, Newtown, CT” prepared for Blakeman Construction, LLC” dated September 27, 2002, Scale 1” = 30’ by Spath-Bjorklund Associates and revised July 29, 2004.  
  • Runoff from the roof shall be detained for the purpose of recharging the ground water.  
  • A demarcation boundary shall be installed at the limits of grading for the construction of the driveway, house, front yard and septic system.  The demarcation boundary may consist of a split rail fence, open jointed rock wall, placed boulders, a row of trees or shrubs, or other means approved by its agent.  
  • 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.  
Commissioner Kotch seconded the motion.  The motion was approved unanimously.

IW #11-09  Rollingwood Subdivision - Lot 67, Blakeman Construction.  Application to build a single family home.

Commissioner Kotch motioned to approve the application with standard conditions A, B, C, D, E and
  • The approved plan is “Proposed Subsurface Wastewater Disposal System, Lot No. 67, Marlin Road, Newtown, CT, prepared for Blakeman Construction LLC, 1” = 30’, and dated February 25, 2000.  
  • Runoff from the roof shall be detained for the purpose of recharging the ground water.  
  • A demarcation boundary shall be installed at the limits of grading for the construction of the driveway, house, front yard and septic system.  The demarcation boundary may consist of a split rail fence, open jointed rock wall, placed boulders, a row of trees or shrubs, or other means approved by its agent.  
  • 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.  
Commissioner Curran seconded the motion.  The motion was approved unanimously.

IW #11-11  Rollingwood Subdivision - Lot 99, Blakeman Construction.  Application to build a single family home.

Commissioner Curran motioned to approve the application with standard conditions A, B, C, D, E and
  • The approved plan is “Rollingwood, Section 9, Site Development Plan, Erosion & Sediment Control Plan, Supplemental Map, in Newtown, CT, prepared for Blakeman Construction, LLC, Scale 1” – 40’ by Spath-Bjorklund Associates, Inc. dated April 2, 2000 and revised February 8, 2002.  
  • Runoff from the roof shall be detained for the purpose of recharging the ground water.  
  • A demarcation boundary shall be installed at the limits of grading for the construction of the driveway, house, front yard and septic system.  The demarcation boundary may consist of a split rail fence, open jointed rock wall, placed boulders, a row of trees or shrubs, or other means approved by its agent.  
  • A rain garden is to be constructed at the low point and on the north side of the driveway.  The volume shall be equal to the Water Quality Volume as prescribed in the 2002 Erosion Control Guidelines.  The tributary area shall be computed from the high point easterly of the common driveway to the low point.
  • 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.  
Commissioner Pieragostini seconded the motion.  The motion was approved unanimously.

IW #11-12  38 Parmalee Hill Road, Earth Tones, LLC.  Application to restore a wetland and upland review area.

Commissioner Kotch motioned to approve the application with standard conditions, A, B, C, D, E, and
  • The approved plans are “Map of Existing Features, Proposed Removals, Erosion Control” and “Planting Plan of Wetland Restoration”, both for the Turoczi Residence, 38 Parmalee Hill Road, Newtown, CT, by EarthTones, LLC, dated Feb. 17, 2011, Scale 1” = 10’.
  • 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.  
Commissioner Salling seconded the motion.  The motion was approved unanimously.

Tech Park Discussion - Commissioner Curran discussed conditions regarding the conservation easement language on the Tech Park application.  Mr. Sibley said that at the end of the appeal period, the commission can ask for the conditions to be submitted.  Commissioner Curran will draft a letter for the commission to review.

Approval of Minutes - Commissioner Salling motioned to approve the minutes of March 9, 2011.  Motion seconded by Commissioner Hammar.  The minutes were approved as amended.

Commissioner Pieragostini motioned to adjourn the Wetlands meeting.  The motion seconded by Commissioner Bryan.  The motion was approved unanimously.  

Commissioner Peters convened the Forest Practices meeting at 8:35 pm.

FOREST PRACTICES

FP #11-02  148 & 150 Hanover Road.  Cross Cut Tree & Land Management, LLC.
The commissioners have walked the site.  Mr. Sibley reviewed The Best Management Practices (for water quality while harvesting forest products) from the DEP.  He stated that approximately 150 to 200 trees have been marked.  Commissioner Peters looked through the forest practices regulations and discussed the long form application versus the short form application.  She discussed information she found on the DEP and the Yale School of Forestry websites, specifically in regards to the number of board feet.  Mr. Sibley said this is the same as what he has seen in other applications.  Commissioner Salling said that she was impressed with Mr. McCarthy’s credentials but wished he had given the commission more information.  

Commissioner Salling motioned to approve the application with standard forestry practices conditions, and
  • The approved plans are Dated received -  3/7/2011, Mike McCarthy, 148 &150 Hanover Road.
The applicant will use Forest Practice Best Management Practices (BMPs) for harvesting process.
  • The permit is valid for 12 months from date of publication.
  • Quarterly reports will be submitted to the Commission until the project is complete.  
Motion seconded by Commissioner Kotch.  Motion approved unanimously.

Mr. Sibley said the correct Forest Practices regulations will be placed under the Land Use section of the Town’s website.  The Forest Practices information in the Code Book is not updated.

Commissioner Kotch motioned to close the Forest Practices meeting.  Commissioner Salling seconded the motion.  The motion was approved unanimously.  

The meeting adjourned at 9:00 pm.












INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of March 23, 2011 at 7:30 pm
H. C. Booth Library, Main Street, Newtown, CT

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

Commissioner Peters convened the meeting at 7:30 pm.

PENDING APPLICATIONS

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 of wetlands.

Alan Lewis, 1 Avalon Way, was present.  Mr. Sibley said a plan has been received that attends to the disturbance and restoration of the site.  

Commissioner Pieragostini motioned to approve the application with standard conditions A, B, C, and
  • The approved plans are: Dated received 3/23/2011, Al Lewis, Restoration Plans for 2 Avalon Way and details.
  • 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.
Commissioner Kotch seconded the motion.  The motion was approved unanimously.

IW #11-06       14 Tanglewood Drive, Daniel Schenzer.  Application for the construction of a driveway, house, septic, well and two garages for a single family lot.

Mr. Schenzer was present.  Mr. Sibley reviewed Megan Raymond’s (William Kenny Associates, LLC) letter dated March 23, 2011, regarding the depression located on the property, noting the area is not delineated as an inland wetland or watercourse.  Mr. Sibley stated that his concerns would be regarding future developments in the area.  Charles Spath said when he submits the building plans he will include the limits of disturbance.  After discussion,

Commissioner Curran motioned to approve the applications with standard conditions A, B, C, D, E, F, and
  • The approved plans are “Overall Site Plan.  Assessor’s Map 50, Block 1, Lot 12, 14 Tanglewood Lane, Newtown, CT” and associated maps prepared for Daniel Schenzer and dated December 14, 2010 by Stuart Somers Co., LLC.
  • 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.
Commissioner Kotch seconded the motion.  The motion was carried unanimously.

IW #11-07  Rollingwood Subdivision - Lot 22, Blakeman Construction.  Application to build a single family home.

Commissioner Salling motioned to approve the application with standard conditions A, B, C, D, E and
  • The approved plan is “Section 7 Resubdivision of Lots 22, 68 and Other Lands of Blakeman Supplemental Map and Conservation & Grading Plan, ‘Rollingwood’ in Newtown, Connecticut” prepared for Blakeman Construction LLC, Scale 1” = 40’, dated July 21, 1998.  
  • Runoff from the roof shall be detained for the purpose of recharging the ground water.  
  • A demarcation boundary shall be installed at the limits of grading for the construction of the driveway, house, front yard and septic system.  The demarcation boundary may consist of a split rail fence, open jointed rock wall, placed boulders, a row of trees or shrubs, or other means approved by its agent.
  • The application must create a bio-swale on the north side of the driveway between the edge of pavement and retaining wall.  The swale shall be a minimum of 18 inches deep and have one foot high rock check dams every 25 feet.
  • 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.
Commissioner Pieragostini seconded the motion.  The motion was approved unanimously.

IW #11-08  Rollingwood Subdivision - Lot 63, Blakeman Construction.  Application to build a single family home.

Commissioner Hammar motioned to approve the application with standard conditions A, B, C, D, E and
  • The approved plan is “Proposed Subsurface Wastewater Disposal System, Lot 63 Marlin Road, Newtown, CT” prepared for Blakeman Construction, LLC” dated September 27, 2002, Scale 1” = 30’ by Spath-Bjorklund Associates and revised July 29, 2004.  
  • Runoff from the roof shall be detained for the purpose of recharging the ground water.  
  • A demarcation boundary shall be installed at the limits of grading for the construction of the driveway, house, front yard and septic system.  The demarcation boundary may consist of a split rail fence, open jointed rock wall, placed boulders, a row of trees or shrubs, or other means approved by its agent.  
  • 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.  
Commissioner Kotch seconded the motion.  The motion was approved unanimously.

IW #11-09  Rollingwood Subdivision - Lot 67, Blakeman Construction.  Application to build a single family home.

Commissioner Kotch motioned to approve the application with standard conditions A, B, C, D, E and
  • The approved plan is “Proposed Subsurface Wastewater Disposal System, Lot No. 67, Marlin Road, Newtown, CT, prepared for Blakeman Construction LLC, 1” = 30’, and dated February 25, 2000.  
  • Runoff from the roof shall be detained for the purpose of recharging the ground water.  
  • A demarcation boundary shall be installed at the limits of grading for the construction of the driveway, house, front yard and septic system.  The demarcation boundary may consist of a split rail fence, open jointed rock wall, placed boulders, a row of trees or shrubs, or other means approved by its agent.  
  • 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.  
Commissioner Curran seconded the motion.  The motion was approved unanimously.

IW #11-11  Rollingwood Subdivision - Lot 99, Blakeman Construction.  Application to build a single family home.

Commissioner Curran motioned to approve the application with standard conditions A, B, C, D, E and
  • The approved plan is “Rollingwood, Section 9, Site Development Plan, Erosion & Sediment Control Plan, Supplemental Map, in Newtown, CT, prepared for Blakeman Construction, LLC, Scale 1” – 40’ by Spath-Bjorklund Associates, Inc. dated April 2, 2000 and revised February 8, 2002.  
  • Runoff from the roof shall be detained for the purpose of recharging the ground water.  
  • A demarcation boundary shall be installed at the limits of grading for the construction of the driveway, house, front yard and septic system.  The demarcation boundary may consist of a split rail fence, open jointed rock wall, placed boulders, a row of trees or shrubs, or other means approved by its agent.  
  • A rain garden is to be constructed at the low point and on the north side of the driveway.  The volume shall be equal to the Water Quality Volume as prescribed in the 2002 Erosion Control Guidelines.  The tributary area shall be computed from the high point easterly of the common driveway to the low point.
  • 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.  
Commissioner Pieragostini seconded the motion.  The motion was approved unanimously.

IW #11-12  38 Parmalee Hill Road, Earth Tones, LLC.  Application to restore a wetland and upland review area.

Commissioner Kotch motioned to approve the application with standard conditions, A, B, C, D, E, and
  • The approved plans are “Map of Existing Features, Proposed Removals, Erosion Control” and “Planting Plan of Wetland Restoration”, both for the Turoczi Residence, 38 Parmalee Hill Road, Newtown, CT, by EarthTones, LLC, dated Feb. 17, 2011, Scale 1” = 10’.
  • 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.  
Commissioner Salling seconded the motion.  The motion was approved unanimously

Tech Park Discussion - Commissioner Curran discussed conditions regarding the conservation easement language on the Tech Park application.  Mr. Sibley said that at the end of the appeal period, the commission can ask for the conditions to be submitted.  Commissioner Curran will draft a letter for the commission to review.

Approval of Minutes - Commissioner Salling motioned to approve the minutes of March 9, 2011.  Motion seconded by Commissioner Hammar.  The minutes were approved as amended.

Commissioner Pieragostini motioned to adjourn the Wetlands meeting.  The motion seconded by Commissioner Bryan.  The motion was approved unanimously.  

Commissioner Peters convened the Forest Practices meeting at 8:35 pm.

FOREST PRACTICES

FP #11-02  148 & 150 Hanover Road.  Cross Cut Tree & Land Management, LLC.
The commissioners have walked the site.  Mr. Sibley reviewed The Best Management Practices (for water quality while harvesting forest products) from the DEP.  He stated that approximately 150 to 200 trees have been marked.  Commissioner Peters looked through the forest practices regulations and discussed the long form application versus the short form application.  She discussed information she found on the DEP and the Yale School of Forestry websites, specifically in regards to the number of board feet.  Mr. Sibley said this is the same as what he has seen in other applications.  Commissioner Salling said that she was impressed with Mr. McCarthy’s credentials but wished he had given the commission more information.  

Commissioner Salling motioned to approve the application with standard forestry practices conditions, and
  • The approved plans are Dated received -  3/7/2011, Mike McCarthy, 148 &150 Hanover Road
  • The applicant will use Forest Practice Best Management Practices (BMPs) for harvesting process.
  • The permit is valid for 12 months from date of publication
  • Quarterly reports will be submitted to the Commission until the project is complete.  
Motion seconded by Commissioner Kotch.  Motion approved unanimously.

Mr. Sibley said the correct Forest Practices regulations will be placed under the Land Use section of the Town’s website.  The Forest Practices information in the Code Book is not updated.

Commissioner Kotch motioned to close the Forest Practices meeting.  Commissioner Salling seconded the motion.  The motion was approved unanimously.  

The meeting adjourned at 9:00 pm.