INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of January 11, 2012 at 7:30 pm
Shared Meeting Room #3, Municipal Center, 3 Primrose Street, Newtown, CT
Commissioners Present: Boily, Curran, Hammar, Peters, Pieragostini, Salling
Staff Present: Rob Sibley, Deputy Director of Land Use and Planning, Steve Maguire, Wetlands Enforcement Official, Ann Mazur, Clerk.
Also present: Fred Hurley, Director of Public Works, Edward Linke, Director of Engineering of Opel Solar Michael Robinson, Marketing Specialist from Opel, Bill Todd from Opel, three members of public, one member of press.
Commissioner Peters convened the meeting at 7:30 pm.
The item of election of officers was added to the agenda.
Commissioners Peters (Chairman), Salling (Vice-Chairman) and Pieragostini (Secretary) are willing to serve again for the next year. Commissioner Boily moved to vote in the same slate of officers for 2012, second by Commissioner Curran and unanimously carried.
PUBLIC HEARING
IW #11-48 4 Turkey Hill Road, Application by OPEL Solar/Newtown Public Works. Application for a Photovoltaic Installation at the Newtown Wastewater Treatment Plant. Mr. Linke introduced Bill Todd and Michael Robinson. Mr. Robinson noted that Opel is working with Mr. Sibley and Mr. Hurley to install a 75 KW installation at the WWTP which would be a TF 800 single axis tracking system of 10,080 watts. The water would be pumped back into the WWTP.
The original plans have been revised. All of the trackers have been moved out of the wetlands and minimum grading will be necessary. The only infringement will be with the fence line which will be ten feet into the wetlands area for a hundred foot run. There will be no trenching in the wetlands. Equipment will be rolled no more than twenty feet into the wetlands. The area near the fence will be seeded with wetlands meadow mix rather than gravel in that area at the request of the Commission. A visual inspection will be done once a year. There will not be any need to go into the wetlands for the inspections. The panel is silicon and is solid. Mr. Linke explained that the panels are two panes of glass with silicon between them that is totally sealed. Mr. Linke invited the Commissioners to visit the Shelton plant
(Aquarion) where Opel has installed panels. He noted that the panels proposed in Newtown are warranteed for twenty years. The panels are rated to take one inch hail at ninety miles per hour. The panels would be eight feet off the ground. Two hundred forty feet is the longest run and would be three hundred feet wide.
Commissioner Peters opened the hearing to the public.
Joe Hovious, 3 Leopard Drive, noted that the edge of the project is close to Tom Brook. He would like have the issue heated run off addressed. The second issue is that there are a number of large trees that offer bank protection for Tom Brook and he would like to see that they are not disturbed. He feels that this would be a great project for Newtown.
Mr. Linke said that the trees are on the north side and will not affect the panels so they will not be touched. He said that the panels are a few degrees above the ambient temperature and will reduce the overall temperature of the surface area. The panels will absorb the heat. Mr. Todd said that the net energy reaching the ground is 20% less than the full energy from the sun. Mr. Todd said that some spots may be immediately heated over the ambient temperature but overall the temperature will be less. Mr. Robinson said that the filter fabric will allow water to seep through it so that there will be no runoff on the site.
Mary Wilson, 12 Whippoorwill Hill Road, asked about the impact of runoff on the stream. Commissioner Peters noted that the ground is impervious and the panels are pervious. Mr. Maguire noted that the only runoff would be from the gravel. Commissioner Hammar asked about how the footings will be set, to which Mr. Todd responded will be cemented in place and are seven feet deep.
Commissioner Peters asked if the gravel will have to be reraked. Mr. Todd said no because that this is large gravel and it will not erode.
Commission Pieragostini moved to close the public hearing, second by Commissioner Salling and unanimously carried. The hearing was closed at 8:10 p.m.
PENDING APPLICATIONS
IW #11-45, Marlin Road, Application by Blakeman Construction. Application for resubdivision of Rollingwood Subdivision, Lots 65, 103, 104, 105, Marlin Road. The applicant has requested a thirty (30) day extension. The application will be tabled until the next meeting.
IW #11-51, 81 Birch Hill Road, Application by Ronald and Dees Auriana. Application to correct a violation. The applicant was not present and will be asked to attend the next meeting. Mr. Sibley noted that footing drains were placed in an emergency situation and that the applicant submitted an application that the applicant will speak to.
OTHER BUSINESS
CEASE AND DESIST
IW VIO #08-23, 4 Old Green Road, John & Stacey Olszewski. The applicant is not present. Mr. Maguire noted that this violation has been ongoing since 2008. A fine was issued which has not been paid. The violation is for deposition of material into wetlands. Commissioner Boily moved to uphold the Cease and Desist, second by Commissioner Curran and unanimously carried.
Mr. Sibley recommends a legal action with the Town hearing officer to resolve this issue. He noted that there are two processes, a citation process and a violation process. Citation process involves a fine and corrective action as decided by the Town hearing officer who decides whether the cease and desist should be upheld as well as determining a fine or penalty. This process would not involve the Commission. The citation decision is harder to appeal as the violator must find something that the hearing officer did incorrectly. The citation process is quicker. Mr. Sibley said that the Commission can charge up to five times the fee if an application is submitted. The Commission agreed to move this violation to legal action by the hearing officer.
Mr. Sibley noted that the Town Attorney has not recommended placing liens on properties in conjunction with violations and the Commission has not recommended this process in the past.
IW VIO #11-10, 17 SWEET MEADOW ROAD, Jacob Schwartz. The applicant has submitted an application to correct this violation.
ACCEPTANCE OF NEW APPLICATIONS.
IW #-11-56, 10 Ox Hill, Kevin Grover, application to dredge a pond. Commissioner Peters will review this application
IW #11-57, 17 Sweet Meadow Road, Jacob Schwartz, application to correct a violation of depositing material in the wetlands. Commissioner Bryan will review this application.
APPROVAL OF MINUTES –will be tabled until the next meeting.
Mr. Sibley noted that the 12 Elm Drive violation court case has been won by the Town and the Town now owns this property. This case had been active for twenty years. By charter any property taken in this manner follows an auction process which will occur probably within the next six months. The property is eight acres and is not buildable.
Mr. Sibley said that the transfer station no longer exists at the Railroad Station. Several violations were levied on Newtown Transload by the Water Resources Division and the Solid Waste Division of DEEP. Housatonic Railroad chose to remove their application from DEEP which removes their exemption from the State Clean Waters Act. They no longer partner with Newtown Transload. On January 6, 2012 Mr. Sibley and Mr. Benson visited the site which is completely clean. Verbally they have committed to the Commission’s mitigation and storm water process. Mr. Sibley presented the Commission with photos of the site after it had been cleaned up.
ADJOURNMENT.
Commissioner Pieragostini motioned to adjourn the meeting. Commissioner Boily seconded the motion. The motion was approved and the meeting was adjourned at 8:59 pm.
Ann M. Mazur, Clerk Pro Tem
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