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04-24-13
INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of April 24, 2013 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: Mary Curran, Kristen Hammar, Anne Peters, Katja Pieragostini and Sharon Salling.  Commissioners Absent: Pat Boily; Staff Present: Steve Maguire, Land Use Enforcement Officer and
Tammy Hazen, Clerk.   

Ms. Peters convened the meeting at 7:35 pm.  

IW #13-08  26 Hundred Acres Road, Stephen Roberts. Application for a single family residence.  

Ms. Pieragostini read the legal notice.  Ms. Peters opened the public hearing.  Ms. Hammar recused herself.  Steve Trinkaus, P.E., representing the applicant, provided details of the proposed plans.  

Ms. Peters asked if the commissioners had any questions.  Ms. Salling asked if the trees being cut down would be removed or left for habitat.  Mr. Trinkaus said that some of the hardwood may be kept for firewood but the less desirable trees would be left for habitat. Ms. Salling asked for the total amount of impervious surface, where the storm water would flow, and the potential risk of thermal effects.  Mr. Trinkaus said there will be about 2,100 sf of impervious surface, the storm water will sheet off the property and the vegetative strip along the retaining wall will infiltrate water before flowing into the wetlands.  The thick tree canopy should prevent thermal impact.  Ms. Curran asked why the gravel driveway is included in the amount of impervious surface.  Mr. Trinkaus said processed stone can become impermeable so he calculates with the worst case scenario.  Ms. Peters asked about permeable pavers and the removal of invasives.  Mr. Trinkaus said permeable pavers would not unsuitable and invasives will be removed.  Ms. Peters asked for public comment.

Public Comments:  Dan Paynter, 24 Palestine Road, shared concerns over water run-off and potential of debris being thrown into the wetlands behind the retaining wall.  Ms. Peters assured him that dumping in any wetlands constitutes a wetlands violation.  John Kopins, 24 Hundred Acres Road, noted he lived next door and the pond is on his property.  He asked for the distance between his pond and the proposed home and shared concerns.  Mrs. Kopins, 24 Hundred Acres Road, was concerned over the effects of the site on the variety of wildlife species in and near the pond.  She later asked if she had any recourse (as a homeowner) if the pond becomes corrupted with fertilizer, etc.  Jim Juliano, 36 Hundred Acres Road, asked about the septic system, if it would has an auxiliary and how the pipe would cross the brook.  He also shared concerns over potential water issues downstream and discussed current issues with the culvert that runs under Hundred Acres Road.  Bonnie Nezvesky, 13 Phyllis Lane, said the property should not be developed and that there is existing flooding issues in the area.  She’s concerned for the wildlife and vegetation, noting trees have recently been cut down on that site.

Mr. Trinkaus answered some concerns.  He said the proposed house will be about 95 feet from the pond and 50 feet from the road.  The area of fill is 0.13 acres (or 5,600 sf); the retaining wall is three feet high.  The site is downstream from the pond so it will not affect it.  There will be nothing to impede the flow of water.  If there are issues with the culvert, it should be brought to Newtown’s Public Works’ attention.  The septic system, approved by the Health Depart., will have a pump system with the pipe trenched under the stream (below the frost line). Regarding the wildlife, he feels the habitat value in the area will increase and wildlife will continue to use the area.  

After further discussion, Ms. Pieragostini motioned to close the Public Hearing.  Ms. Curran seconded the motion, which was unanimously approved.  

Ms. Salling then motioned to approve the application with standard conditions A, B, C, D, E, F, G, K, N, O, P and
  • The approved plans are “Development Plan”, prepared for Stephen Roberts 26 Hundred Acres Road originally dated March 4, 2013 revised 3/28/13 and revised 4/24/13 prepared by Trinkaus Engineering;
  • No fertilizer will be applied on the property;
  • The driveway will be gravel and any change requires a permit application;
  • Removal of invasives, particularly Barberry, will take place and stems will be sprayed; and
  • This approval is only valid upon the approval of the septic plans from the Health Department
Ms. Pieragostini seconded the motion.  The motion was carried unanimously.

PENDING APPLICATIONS

IW #13-10 159-161 Currituck Road, Marilyn Rennagel.  Application for a suction dredging project for Rennagel Pond.  

The applicant was not present.  Steve Maguire informed the commissioners of his discussion with Dominic Meringolo.  It was determined that during dredging they would make sure 20% of the surface water remains (approximately a 15’ x 10’ section).  Silt bag will be in place to direct the water properly.  Mr. Maguire felt satisfied with the results of the conversation.  After discussion,

Ms. Pieragostini motioned to approve the application with standard conditions B, C, E, O, P and
  • The approved plans are “Permit Application for a Suction Dredging Project at Rennagel Pond 159-161 Currituck Road dated February 2013, prepared by Aquatic Control Technology with associated support documents, Attachment A and B;
  • At no time will the surface area of the water go below 20%;
  • Dredging will be stopped once it has reached the 20% of surface area and be allowed to recharge before continuing; and
  • The Wetland Enforcement Officer will oversee and monitor the progress of the dredging.
Ms. Hammer seconded the motion.  The motion was carried unanimously.

IW #13-15  61 Mt. Pleasant Road, Louis Albanese.  Application to construct a driveway for a new home.

Larry Edwards, PE and Land Surveyor, explained this undeveloped lot on the northern side of Taunton Lake.  He discussed potential access areas.  The proposed access will meander around wetland pockets and will result in three areas of wetland impacts.  The plans include a stone wall on a portion of the driveway, some swales and rain gardens.  He agreed on the removal of Barberry as part of the mitigation.  The commissioners will visit the site.

IW #13-17 (Det)  9 & 13 Point o’ Rocks Road, Bill Pieragostini.  Inland Wetlands determination related to Forest Stewardship Plan and New England Cottontail Initiative.

Ms. Pieragostini recused herself.  Mr. Pieragostini asked for a jurisdictional review on two separate practices; (1) a selective timber harvest on 38 acres he believes is exempt as of right under the Inland Wetlands regulations. He discussed the narrative in the Forest Stewardship Plan modified in March.  (2) The New England Cottontail Initiative on 15 acres.  He was led to believe that CT DEEP concluded that it is a permitted non-regulated activity by statute.

The commissioners, Mr. Pieragostini and Mr. Maguire reviewed a larger map that Mr. Pieragostini provided. The plan includes a 15 acre parcel for cottontail habitat and 38 acres of timber harvest.  Mr. Maguire asked what will be planted in the cottontail habitat and what maintenance procedures would be in place.  Mr. Pieragostini said over 500 plants are planted over the 15 acres with cages built around them.  Plants are to be maintained for five years and replaced if they die.  He discussed the removal of invasives.  The process of creating the habitat will be done gradually over ten years.  There will be selective harvesting. Details are site specific.   

Ms. Peters stated that Inland Wetlands approvals do not trump other commission’s approvals, such as the Conservation Commission.  She then reviewed what materials were submitted.  Ms. Salling summarized that the commission is to determine whether the material constitutes evidence that the New England Cottontail Initiative is a permitted use as of right under Section 4.2a.  After discussion, Ms. Peters motioned that the cottontail habitat project as shown on survey entitled “Property Survey & Property Line Change Map” prepared for Katja M. Pieragostini, Point O’ Rocks Road, Newtown, Connecticut, dated 3/15/06 revised 10/23/06, with the handwritten notes marked on it with the Cottontail Habitat location, together with the “Landowner’s Guide to New England Cottontail Habitat Management” by Margaret Arbuthnot and the 12/20/2013 (sic 2012) memo from Cheryl A. Chase, Director of Inland Water Resource Division, CT DEEP Bureau of Water Protection and Land Reuse, is exempt under Section 4.2a of the Town of Newtown Inland Wetland Regulations.  Ms. Hammar seconded the motion.  The motion passed unanimously. Ms. Peters reiterated that this approval is for wetlands only and the applicant needs to take this up with Conservation.

Ms. Peters began discussion of the second request, the Inland Wetlands determination under Section 4.1a regarding selective timber harvest on 38 acres.  She asked which stand this refers to.  Mr. Pieragostini stated the 38 acres includes both stands plus the land around the house, minus for the 15 acres for the cottontail.  

Mr. Maguire asked for a summary of the 38 acres, what is the purpose, intent and use of the property after the selective harvest and how will it be maintained.  Mr. Pieragostini said it will be a selective timber harvest to clear storm damaged trees and over-mature trees in order to open up the canopy.  He explained the lack of regeneration because of limited light getting to the forest floor along with deer browse and invasives. The commissioners and Mr. Maguire asked questions to clarify information in the Forest Stewardship plan.  Ms. Peters stated she wanted to make sure the creation of crops is not part of this plan.  Mr. Pieragostini said it is not being discussed at this time.  The commissioners discussed the language to make sure the creation of crop land is not part of this.  After a lengthy discussion, Mr. Maguire felt that more detail is needed in order to make a clear determination.  Mr. Pieragostini will meet with Mr. Maguire before the next meeting.  

ACCEPTANCE OF NEW APPLICATIONS – None

APPROVAL OF MINUTES – Ms. Hammer motioned to approve the minutes of April 10, 2013 and was seconded by Ms. Curran.  Commissioners Salling abstained.  Corrections to the minutes are as follows:  on page two, last line of the first paragraph, change “The project takes three to five days and do not expect …” to “This project takes three to five days and he does not expect …” The minutes were approved as amended.
ADJOURNMENT – Ms. Pieragostini motioned to adjourn the meeting.  Ms. Hammer seconded the motion.  The meeting was adjourned at 10:30p.m.

Respectfully submitted by Tammy Hazen