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08-22-12
INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of August 22, 2012 at 7:30 pm
Council Chambers, Municipal Center,
3 Primrose Street, Newtown, CT

These Minutes are Subject to Approval by the Inland Wetlands Commission


Commissioners Present:  Anne Peters, Mary Curran, Kristen Hammar, Katja Pieragostini, and Sharon Salling.
Staff Present:  Rob Sibley, Deputy Director of Land Use and Tammy Hazen, Clerk

Commissioner Peters convened the meeting at 7:35 pm.

PUBLIC HEARING

IW #12-25  30 & 32 Church Hill Road, application by Newtown Savings Bank to redevelop former Lexington Gardens Building for new commercial/retail development.   

Commissioner Pieragostini read the public notice and Commissioner Peters opened the public hearing.  

Peter Scalzo, Esq., 2 Stony Hill Road in Bethel made an opening statement and provided an overview of the application.  He explained the two parcels of land totals 6.3 acres.  The structure on 30 Church Hill Road will remain but four new buildings will be built on 32 Church Hill Road.  There will approximately 60,500 sq ft of new structures.  They will present their plans to the Borough in a Public Hearing on September 19th and then to Planning & Zoning’s on September 6th.  

Hugh Sullivan, Architect, reviewed the design esthetics.  He explained how the site will be buffered with landscaping and that the design components are similar to other buildings in the area (Toro, etc.).  The larger buildings will be in the rear and there will be mixed materials used for esthetic purposes.  An ornamental clock tower will be able to be seen from the street.  Trees meet the requirements for Land Use and the Borough.  

Jim McManus, JMM Wetlands, 25 Church Hill Road, said the site is fairly open with a small wooden portion that falls most offsite.  Two wetlands are demarcated.  He explained a manmade ditched watercourse that travels southerly towards St. Rose and that the soils in the area are all disturbed.  Mr. McManus’ function value assessment shows that that the entire property is disturbed and that the wetlands offer low to very low value (including wildlife habitat).  He feels the proposed work would be considered more of an improvement to the watercourse than an impact.  The improvements will stabilize banks, reducing erosion, and improve water quality down gradient.  

Mike Lillis, from CCA, 40 Old Milford Road in Brookfield, reviewed the existing conditions and discussed the upland review area and wetlands.  He said the only direct impact is an existing 18” pipe culvert that drains onto the site.  He reviewed the grading and drainage plans and discussed the stabilization proposal for the existing swale that flows to a wooded area behind St. Rose.  They determined the impact of the new proposed site will not increase the water flow.  Rip rap will be added to areas of the swale with the downstream area being is more organic before it enters the woods.  Check dams will be placed at the end to disperse the run off.  

Mr. Sibley asked if the applicant considered the old planting area in their impervious calculations.  He explained that the area has a lining underneath.  He showed a picture of that area being flooded after rains.

Commissioner Peters asked Mr. McManus if his functionality report included the wetland to the west.  Mr. McManus said his evaluation shows that all wetlands there have disturbed soils.  She then asked if the proposed improvement to the swale will improve water quality only and not improve wildlife.  Mr. McManus said the swale will only improve water quality downstream. Commissioner Peters asked Mr. Lillis if they would stake the site and if they have considered pervious paving.  Mr. Lillis wills take the site but said pervious pavers are not applicable for the site.  

Commissioner Curran asked if the water in the swale will ever spill over onto the middle school playing fields.  Mr. Lillis said the calculations show it will run at about a 1-1/2 foot depth for a hundred year storm and that the swale will be approximately 1-1/2 feet in depth.  

Commissioner Hammar asked about the elevation of the extended driveway off of Eaton center and then if the swale will be completed first prior to construction.  Mr. Lillis said they will make sure the driveway will transition onto the property correctly and that they can plan on phasing the work to prevent erosion issues during construction.

Commissioner Pieragostini shared concerns that fertilizer from the playing fields will flow more freely downstream if the swales are improved.  Mr. Sibley said the Board of Ed and the Town is working jointly with CCA to assure the quality of the water run-off.  Mr. McManus explained that there is also a tree buffer between the swale and the playing fields as well.  

Mr. Sibley asked how much of the site drains to the south as opposed to draining towards the state road system.  Mr. Lillis said the general drainage patterns will remain the same.  Mr. Sibley then asked about the depth of the sump and if they intend to develop a maintenance plan.  Mr. Lillis said they will have a two foot sump.  He then said that although they do not have a maintenance plan they can develop one.  

The Public Hearing will be held open.  The next meeting is on September 12, 2012 at 7:30 pm in the Council Chambers at the Municipal Center.
ACCEPTANCE OF NEW APPLICATIONS There were no new applications.

APPROVAL OF MINUTES Commissioner Salling motioned to approve the minutes of August 8, 2012.  Motion seconded by Commissioner Curran and unanimously approved as written.  Commissioners Hammar, Pieragostini, and Boily abstained.

ADJOURNMENT Commissioner Pieragostini motioned to adjourn at 8:48 pm.  Commissioner Hammar seconded the motion, which was unanimously approved.




AQUIFER PROTECTION AGENCY
MINUTES
Regular Meeting of August 22, 2012 at 7:30 pm
Council Chambers, Municipal Center,
3 Primrose Street, Newtown, CT

These Minutes are Subject to Approval by the Aquifer Protection Agency

Commissioners Present:  Anne Peters, Katja Pieragostini, Pat Boily, Mary Curran, Sharon Salling and Kristen Hammar Staff Present:  Rob Sibley, Deputy Director of Land Use and Tammy Hazen, Clerk

Commissioner Peters convened the meeting at 8:50 pm.

PUBLIC HEARING

Commissioner Pieragostini read the Public Notice.  Commissioner Peters opened the meeting to discuss the Aquifer Protection Area Regulations for the Town of Newtown.  

Mr. Sibley explained the difference between the current aquifer regulations reviewed through Planning and Zoning and these new regulations.  The current local zoning regulations for aquifer protection district (APD) is based on USGS maps from the 70’s and level B mapping that DEEP adopted to protect two well heads in Newtown for public water.  

The new regulations are Aquifer Protection Agency (APA) and are similar to the Inland Wetland regulations where authority is handed down thru DEEP to the Aquifer Protection Agency to administer.  

Mr. Sibley explained level A mapping - a USGS scientific study shows where the well heads have influence on the groundwater and the aquifer.  The Town is adopting to regulate level A mapping.  The study was submitted to DEEP and was approved.  They were adopted on January 17, 2011 and have been on the books for level A for over a year.  It is also on the Town’s GIS system.  

Mr. Sibley explained there are 28 items of regulated activities.  If a business is currently operating with these activities occurring (within the regulated area) they can register themselves with the APA.  If they want to do any of these activities in the future, they would need to get a permit.  

Mr. Sibley reviewed the regulations item by item.  He showed where the well heads are on the map (one is near Exit 11 and the other near Stop & Shop).  When the Aquifer Protection Agency adopts these regulations, they will be sent to Hartford for a final sign-off.  Then it will take 30 to 45 days for the regulations to be on the books.  

Commissioner Salling asked for clarification on how these regulations impact future Aquifer Protection Agency reviews.  Mr. Sibley said the process will be similar to the Inland Wetlands Commission’s application process.  There will also be a process for enforcement.  

Mr. Sibley said notices will be sent out to owners within the Level A mapping explaining these regulations and requesting they become registered if their operation consist of any of the 28 regulated activities.

Commissioner Salling motioned to close the public hearing, which was seconded by Commissioner Curran.  The motion was approved unanimously

ADJOURNMENT Commissioner Pieragostini motioned to adjourn at 9:26 pm.  Commissioner Hammar seconded the motion, which was unanimously approved.