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03-13-13
INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of March 13, 2013 at 7:30 pm
Meeting Room #1, Municipal Center,
3 Primrose Street, Newtown, CT
These Minutes are Subject to Approval by the Inland Wetlands Commission

Present: Pat Boily, Mary Curran, Kristen Hammar, and Anne Peters; Absent:  Sharon Salling, Katja Pieragostini and Ed Bryan; Staff Present: Steve Maguire, Land Use Enforcement Officer

Commissioner Peters convened the meeting at 7:32 pm.  She then asked to add an item be added to the agenda regarding the status of IW #11-13 (31 Swamp Road) Todd Bolmer.  Commissioner Hammar motioned to change the agenda to include this.  Commissioner Boily seconded the motion and all were in favor.

Commissioner Peters asked Mr. Bolmer for an update on the conditions of his permit.  Mr. Bolmer said the area has been seeded, the trees are in and it’s almost finished.  Commissioners Curran, Boily and Hammar visited the site with Mr. Maguire.  Commissioner Peters asked Mr. Maguire for a summary of their observations.  Mr. Maguire said the driveway was relocated, pine trees were planted, but he is concerned that the logging trail has not been removed and that the area where Mr. Bolmer cuts and splits the wood has spread out from the original determined location.  Commissioner Hammer said there is still a big pile of trees heading up towards the flagstone and that the trees planted on one side have died and need to be replaced.  She also stated there are erosion issues and a pile of dead wood and debris hanging off a cliff over a wetland.  Commissioner Curran said the original plans clearly show where the wood cutting operation was to be contained and that Mr. Bolmer has the operation much farther out beyond that point.  

Commissioner Peters shared concerns that Mr. Bolmer has a second permit for a separate site that has an identical history, i.e., where the work is being done without a permit, a request is made to be allowed to complete the work and restore the area.  She said if Mr. Bolmer isn’t in compliance with the first permit, which was given to correct a violation, it raises questions about whether a second permit should be granted.  She said this begs a question whether to pursue enforcement for failing to complying with the first permit and failing to meet those deadlines.  Commissioner Boily asked about the lack of erosion controls.  Commissioner Peters said the original permit requested erosion controls remain in place as directed by the Conservation Official.  She then asked where the logs come from.  Mr. Bolmer said he gets the logs from various sources and uses it for personal use.  Mr. Bolmer will meet with Mr. Maguire.  He has until April 27th to fix the issues on the Swamp Road site.  

PENDING APPLICATIONS

IW #13-03  188 Mt. Pleasant Road, Richard Keiser.  Application for the correction of a violation for clear cutting and commercial logging.

Commissioner Peters said that clear cutting is not an issue but that this is apparently a commercial logging operation.  Commercial logging is not permitted on this property so the logs will need to be removed and the wetlands will need to be restored.  Commissioner Hammar said other debris (i.e., tires) need to be removed.  Mr. Bolmer said he was only hired to do the clean-up.  The commissioners reviewed the mitigation plans.  Commissioner Peters discussed the possibility of posting a bond to assure the mitigation work is complete.  Mr. Boily asked Mr. Bolmer who hired him to do this work, the tenant or the landowner.  Mr. Bolmer said he doesn’t know where the money will come from but it’s through both of them.  Commissioner Peters said the commission will need to have documentation of where the logs came especially since New Haven County has a quarantine on logging due to the Emerald Ash Borer.  The Dept of Agriculture and DEEP are concerned over this as well.  They have enforcement authority if logs are brought in from the quarantine area.  Mr. Bolmer said he is not aware of any documentation and that he does not document where logs come from.  Mr. Maguire explained that Mr. Bolmer needs to come up with a cost for restoring the area (trees, gravel, materials, plantings, re-grading, labor and his charge for the work).  Mr. Bolmer will return to the next meeting.

IW #13-06 (Det) 9 Point o’Rocks Road, Bill and Katja Pieragostini.  Inland Wetlands determination related to Forest Practices FP #12-01. - The applicants were not present. Item tabled.

ACCEPTANCE OF NEW APPLICATION:  Two new applications;
IW #13-08  26 Hundred Acres Road, Stephen Roberts – Application for a single family residence.  
IW #13-10 159-161 Currituck Road, Marilyn Rennagel – Application for a suction dredging project for Rennagel Pond.  

POCD – The commissioners discussed the Plan of Conservation and Development.  Commissioner Peters wrote a draft letter to Planning & Zoning and sent it to the Inland Wetlands commissioners for their review.  The commissioners will review this letter for endorsement.

APPROVAL OF MINUTES Ms. Curran motioned to approve the minutes of February 27, 2013.  The motion was seconded by Mr. Boily.  Corrections to the minutes are as follows:  CHANGE “Ms. Boily” to “Mr. Boily” under Adjournment.  The minutes were approved as amended.

ADJOURNMENT Ms. Peters motioned to adjourn the meeting at 8:30 pm.  Ms. Curran seconded the motion.  The meeting was adjourned.

Respectfully submitted by Tammy Hazen