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06-27-12
INLAND WETLANDS COMMISSION
MINUTES - Amended
Regular Meeting of June 27, 2012 at 7:30 pm
Council Chamber, Municipal Center,
3 Primrose Street, Newtown, CT

THESE MINUTES ARE SUBJECT TO APPROVAL BY THE INLAND WETLANDS COMMISSION.

Commissioners Present:  Peters, Salling, Bryan, Curran, Boily, Hammar (7:36), Pieragostini.
Staff Present:  Steve Maguire, Wetlands Enforcement Official, Ann Mazur, Clerk.  

Commissioner Peters convened the meeting at 7:30 pm.  

PENDING APPLICATIONS

IW #12-22, 40 Sugar Lane, application by Stephen Paproski to widen a brook.  The applicant is not present.  The Commissioners do not feel that they have enough information to approve the application.

Commissioner Curran moved that the application be DENIED;

  • Specifically, that the applicant has not provided the commission with complete detailed plans describing the extent of impact and the restoration of the disturbed area for the submitted plans.
  • As an incomplete application.  Specifically, that the applicant has not returned with information requested by the commission
Second by Commissioner Salling.  All were in favor with abstention by Commission Pieragostini.  The Commission noted that the applicant is welcome to resubmit an application with more information.

At this time Commissioner Hammar joined the meeting.

IW #12-28, application by Green Envy Products, 134 Pepper Street, Monroe for production of organic mulch at Industrial Drive, Newtown, CT.

The applicant is returning with information requested by the Commission.  Mike Dillon, 289 Burr Hall Road, Middlebury, CT said that hay bales will put behind the silt fence and the fence will be continually monitored.  This will be a condition of the quarterly report.  Mr.  Dillon said that under the state permit the site has to be built for a 100 year storm and it will be monitored daily.  There will be no runoff to the wetlands because this tea will be saved and pumped out regularly.  

Commissioner Pieragostini moved that the application be APPROVED with standard conditions, A, B, C, D, E and

  • The approved plans are for Green Envy Products, LLC, Industrial Drive, Pepper Street Business Park Sec.  3 Lot 24, Monroe, CT Dated April 8, 2012.
  • 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
Second by Commissioner Bryan.  All were in favor.

IW #12-30, application by Ahmed Ahsan, 3 Pocono Road to correct a violation.  

The applicant is not present.  Mr.  Maguire reported that the applicant submitted an incomplete application.  He said that the stonewall demarcation has been moved further back and he is filling in the wetlands.  Mr.  Maguire sent him a warning on February 8, 2012, and a violation on February 15, 2012 and a fine on March 7, 2012.  He has only paid the application fee.  Staff measured the wetlands but the applicant did not believe there were wetlands.  The incomplete application was submitted on May 31, 2012.  

Commissioner Pieragostini moved to DENY the application based on the fact that this is an incomplete application.  Second by Commissioner Salling.  All were in favor.

Commissioner Salling moved to uphold the violation and refer it for legal action.  Second by Commissioner Bryan.  All were in favor.

IW MOD/EX #07-30, 123 South Main Street, application by Highland, LLC for a modification to correct and fix the stormwater issues.  

This is the applicant’s first presentation.  Paul Syzmanski, P.E., President of Arthur H.  Howland Associates presented the application.  He noted that his company has taken over the job at Highland Plaza.  There were design calculation errors and installation that was not part of the approved plan.  Stormwater was to enter the eastern portion of the property and enter a gravel system, larger events would go underground into a detention basin and into the downhill wetlands.  The calculations did not take into consideration the underground drainage system.  Water would be coming out of the catch basins in a storm event.  The applicant remodeled the entire site and made minor modifications to the stormwater system.  The forebay will have a concrete structure to make adjustments to the gravel wetlands system.  These modifications will make the system function as the Commission had approved the plans.  The evergreen wall had sediment blow 100 feet through the wall and discharge into the wetlands.  Howland surveyed the area and is removing the sediment by hand.  They are removing the invasives as best as they can and they are being incinerated.  The plantings in the gravel wetlands system died because there was crushed washed stone that washed away.  The restoration mix does have some uplands mix as well to provide full vegetation.  The south side was regraded and the failing retaining wall there was reconstructed.  A soil scientist or licensed professional engineer is on site every day.  It seemed that the oil separators were never cleaned because they were full.  The area of impermeable surface is not being changed.  The issues are with the stormwater system and the 100 year flood event.

The application will be tabled until the next meeting.  The Commissioners will review the plans and the site.

Commissioner Salling said that this goes to the heart of the issue of having an expert opinion.  Mr.  Maguire noted that there was erosion after a storm event and this began the investigation.  

APD #12-01, 253 South Main Street/Buttonshop Road, application by CERES Earth Materials to allow a materials processing, storage and sales operation to process earth materials into top soil and mulch and to grind stockpiled wood products into wood chips.

Commissioner Salling moved that application be approved as having no significant impact.  Second by Commissioner Pieragostini.  All were in favor.  

ACCEPTANCE OF NEW APPLICATIONS.  There were no new applications.

APPROVAL OF MINUTES.  The minutes of June 13, 2012 will be amended to note in the Green Envy Products presentation that “the composting will produce a tea like product.” Also remove “which will drain underground.”Commissioner Boily moved to approve the minutes of June 13, 2012 as amended.  Second by Commissioner Hammar.  All were in favor.  

ADJOURNMENT.  Commissioner Pieragostini motioned to adjourn the meeting.  Commissioner Curran seconded the motion.  The motion was approved and the meeting was adjourned at 8:41pm.

Ann M.  Mazur, Clerk Pro Tem















INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of June 27, 2012 at 7:30 pm
Council Chamber, Municipal Center,
3 Primrose Street, Newtown, CT

THESE MINUTES ARE SUBJECT TO APPROVAL BY THE INLAND WETLANDS COMMISSION.

Commissioners Present:  Peters, Salling, Bryan, Curran, Boily, Hammar (7:36), Pieragostini.

Staff Present:  Steve Maguire, Wetlands Enforcement Official, Ann Mazur, Clerk.

Commissioner Peters convened the meeting at 7:30 pm.  

PENDING APPLICATIONS

IW #12-22, 40 Sugar Lane, application by Stephen Paproski to widen a brook. The applicant is not present. The Commissioners do not feel that they have enough information to approve the application.

Commissioner Curran  moved that the application be DENIED;

  • Specifically, that the applicant has not provided the commission with complete detailed plans describing the extent of impact and the restoration of the disturbed area for the submitted plans.
  • As an incomplete application.  Specifically, that the applicant has not returned with information requested by the commission
Second by Commissioner Salling. All were in favor with abstention by Commission Pieragostini. The Commission noted that the applicant is welcome to resubmit an application with more information.

At this time Commissioner Hammar joined the meeting.

IW #12-28, application by Green Envy Products, 134 Pepper Street, Monroe for production of organic mulch at Industrial Drive, Newtown, CT.. The applicant is returning with information requested by the Commission. Mike Dillon, 289 Burr Hall Road, Middlebury, CT.  said that hay bales will put behind the silt fence and the fence will be continually monitored. This will be a condition of the quarterly report. Mr. Dillon said that under the state permit the site has to be built for a 100 year storm and it will be monitored daily. There will be no runoff to the wetlands because this tea will be saved and pumped out regularly.

Commissioner Pieragostini moved that the application be APPROVED with standard conditions, A, B, C, D, E and

  • The approved plans are for Green Envy Products, LLC, Industrial Drive, Pepper Street Business Park Sec. 3 Lot 24, Monroe, CT Dated April 8, 2012.
  • 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
Second by Commissioner Bryan. All were in favor.

IW #12-30, application by Ahmed Ahsan, 3 Pocono Road to correct a violation. The applicant is not present. Mr. Maguire reported that the applicant submitted an incomplete application. He said that the stonewall demarcation has been moved further back and he is filling in the wetlands. Mr. Maguire sent him a warning on February 8, 2012, and a violation on February 15, 2012 and a fine on March 7, 2012. He has only paid the application fee. Staff measured the wetlands but the applicant did not believe there were wetlands. The incomplete application was submitted on May 31, 2012.

Commissioner  Pieragostini moved to DENY the application based on the fact that this is an incomplete application. Second by Commissioner Salling. All were in favor.

Commissioner Salling moved to uphold the violation and refer it for legal action. Second by Commissioner Bryan. All were in favor.

IW MOD/EX #07-30, 123 South Main Street, application by Highland, LLC for a modification to correct and fix the stormwater issues. This is the applicant’s first presentation. Paul Syzmanski, P.E., President of Arthur H. Howland Associates presented the application. He noted that his company has taken over the job at Highland Plaza. There were design calculation errors and installation that was not part of the approved plan. Stormwater was to enter the eastern portion of the property and enter a gravel system, larger events would go underground into a detention basin and into the downhill wetlands. The calculations did not take into consideration the underground drainage system. Water would be coming out of the catch basins in a storm event. We remodeled the entire site and made minor modifications to the stormwater system. The forebay will have a concrete structure to make adjustments to the gravel wetlands system. These modifications will make the system function as the Commission had approved the plans. The evergreen wall had sediment blow 100 feet through the wall and discharge into the wetlands. Howland surveyed the area and is removing the sediment by hand. They are removing the invasives as best as they can and they are being incinerated. The plantings in the gravel wetlands system died because there was crushed washed stone that washed away. The restoration mix does have some uplands mix as well to provide full vegetation. The south side was regraded and the failing retaining wall there was reconstructed. A soil scientist or licensed professional engineer is on site every day. It seemed that the oil separators were never cleaned because they were full.  The area of impermeable surface is not being changed. The issues are with the stormwater system and the 100 year flood event.

The application will be tabled until the next meeting. The Commissioners will review the plans and the site.

Commissioner Salling said that this goes to the heart of the issue of having an expert opinion. Mr. Maguire noted that there was erosion after a storm event and this began the investigation.  

APD #12-01, 253 South Main Street/Buttonshop Road, application by CERES Earth Materials to allow a materials processing, storage and sales operation to process earth materials into top soil and mulch and to grind stockpiled wood products into wood chips.

Commissioner Salling moved that application be approved as having no significant impact. Second by Commissioner Pieragostini. All were in favor.

ACCEPTANCE OF NEW APPLICATIONS. There were no new applications.

APPROVAL OF MINUTES.  The minutes of June 13, 2012 will be amended to note in the Green Envy Products presentation that “the composting will produce a tea like product.” Also remove “which will drain underground.”Commissioner Boily  moved to approve the minutes of June 13, 2012 as amended. Second by Commissioner  Hammar. All were in favor.

ADJOURNMENT. Commissioner Pieragostini  motioned to adjourn the meeting.  Commissioner Curran  seconded the motion.  The motion was approved and the meeting was adjourned at 8:41pm.



Ann M. Mazur, Clerk Pro Tem