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05-08-13
INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of May 8, 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: Pat Boily, Mary Curran, Kristen Hammar, Anne Peters, Katja Pieragostini and
Sharon Salling.  Staff Present: George Benson, Director of Planning and Land Use; Steve Maguire, Land Use Enforcement Officer and Tammy Hazen, Clerk;  Also Present:  Atty. David Grogins

Ms. Peters convened the meeting at 7:30 pm.  She asked for a motion to change the order of the agenda by starting with Executive Session since Atty. Grogins and Mr. Benson were present to discuss a matter.  Ms. Curran motioned to change the order of the agenda.  Commissioner Salling seconded the motion.  The motion was unanimously approved.  Commissioner Salling then motioned to enter Executive Session.  Commissioner Hammar seconded the motion.  The meeting went into Executive Session at 7:33 pm.  Commissioner Salling motioned to adjourn Executive Session at 8:20.  The motion was seconded by Ms. Pieragostini.  The motion was carried.

PENDING APPLICATIONS

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

Larry Edwards, PE and Land Surveyor, presented updated information regarding the proposed driveway.  Ms. Hammar asked about a large boulder that seemed to be where the driveway is planned.  Mr. Edwards said any large rocks would not be blasted and that they’d use a jack hammer if necessary.  Also, they will build the driveway over the top of any subsurface ledge.  Ms. Curran asked what areas of the driveway will be shared with the neighbor.  Mr. Edwards said that most of the driveway is separated from the neighbors but there will be a small portion where the two driveways will be alongside each other.  Some of the commissioners have walked the site, the remaining will do so within the next two weeks.  Mr. Edward will attend the next meeting.

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 was present.  Ms. Peters noted that discussion before the commission tonight is to determine whether the Forest Stewardship Plan is exempt from a Wetlands application. The commissioners asked many questions.  Ms. Peters reviewed a letter sent to the commission from the Conservation Commission and reiterated that the determination of the Inland Wetlands Commission does not override approvals from other commissions.  After a lengthy discussion between the commissioners, Mr. Maguire and the applicant, Ms. Salling motioned to recommended that the Inland Wetland Commission conclude that the selective timber proposed is exempt from the Inland Wetland Regulations as “A Permitted Use as of Right”.  The documents and information for the basis of this decision are,

  • The plans are identified as “Additions for Timber Harvest Plan (requested by S. Maguire/ IWC, 4/25/13”, received 5/3/13
  • The selective timber harvest is exempt and a permitted use as of right under section 4.1A of the Town of Newtown Inland Wetland Regulations. Specifically, for the purpose of “farming” of “crops” being “timber” as an agricultural commodity.
Additionally let it be acknowledged, understood and in accordance with The Town of Newtown Inland Wetland Regulations that sections,

  • 4.1A of The Town of Newtown Inland Wetland Regulations.
  • This ruling that the activity is exempt shall not be construed to include road construction or the erection of buildings not directly related to the farming operation, relocation of watercourses with continual flow, filling or reclamation of wetlands or watercourses with continual flow, clear cutting of timber except for the expansion of agricultural crop land, or the mining of topsoil, peat, sand, gravel or similar material from wetlands or watercourses for the purpose of sale; and,
  • 18.1 of The Town of Newtown Inland Wetland Regulations.
  • Nothing in these regulations shall obviate the requirements for the applicant to obtain any other assents, permits or licenses required by law or regulation by the Town of Newtown, State of Connecticut and the Government of the United States including any approval required by the Connecticut Department of Environmental Protection and the U.S. Army Corps of Engineers.  Obtaining such assents, permits or licenses is the sole responsibility of the applicant.
Ms. Hammar seconded the motion.  The motion was unanimously approved.

ACCEPTANCE OF NEW APPLICATIONS:

IW #13-21  141-147 Poverty Hollow Road, Abigail Kende.  
IW #06-39 MOD  83 & 85 Main Street, Robert Marinaccio.  Modification to an existing permit.
IW #08-49 EXT  8 Farm Field Ridge Rd, John & Maureen Matz.  Extension of an existing permit.

APPROVAL OF MINUTES – Ms. Pieragostini motioned to approve the minutes of April 24, 2013 and was seconded by Ms. Salling.  Commissioner Boily abstained.  Corrections to the minutes are as follows:  Page 1, second paragraph, last sentence, change “…would not unsuitable…” to “…would not be suitable...”; Also change “Ms. Hammer” to “Ms. Hammar”; then under IW #13-15, change “Barberry” to “barberry”.  The minutes were approved as amended.
Membership – Ms Peters noted that John Davin will join the commission as a new member.  He will be sworn in by the Town Clerk.  

ADJOURNMENT – Ms Pieragostini motioned to adjourn the meeting.  Ms. Salling seconded the motion.  The meeting was adjourned at 9:35 pm.

Respectfully submitted by Tammy Hazen