INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of May 22, 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, John Davin, Anne Peters, and Sharon Salling; Absent: Kristen Hammar and Katja Pieragostini; Staff Present: Steve Maguire, Land Use Enforcement Officer and Tammy Hazen, Clerk.
Ms. Peters convened the meeting at 7:30 pm. She said that although an Executive Session was scheduled, it will be postponed.
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 as requested by the commission. After discussion, Ms. Curran motioned to approve the application with standard conditions A, B, C, D, E, F, K, N, O, P, and (1) The approved plans are “Proposed Site Plan”, prepared for Louis Albanese, Lot 11 #61 Mt. Pleasant Road, Newtown, Connecticut, dated January 2, 2013, revised May 6, 2013. Ms. Salling seconded the motion. The motion was unanimously approved.
IW #13-21 141-147 Poverty Hollow Road, Abigail Kende. Application for work completed in a regulated area.
At first the applicant was not present. Ms. Peters asked Mr. Maguire for some background information. Mr. Maguire said that in looking at aerial photos from 2002 and 2007 it appears that a pond was created along the stream; then somewhere between 2011 and 2012 a substantially larger pond had been created. A Wetlands Warning was issued. Ms. Peters said the commission needs to do a site walk. Mr. Maguire said to access the property there are two locked gated fences with a 15 to 20 minute walk to get to the pond.
Abigail Kende was present later in the meeting. Ms. Peters explained to her the concerns and reasons for wetlands and watercourse regulations. Ms. Kende answered questions and explained the area where the ponds are and explaining that the area holds a lot of water and that trees have become overwhelmed by it and have collapsed, sometimes into other trees. When she purchased the property (between 1994 and 1996) there were already downed trees and more have fallen down since then. She said there is a large rock ledge on one side and that the water levels have risen. There appear to be no inlets or outlets for water and when the trees fall over and uproot, the hole left from the roots fill with water. They have removed approximately 14 downed trees and more trees that have fallen and leaning on other trees need to be
removed. Mr. Maguire will work with Ms. Kende to arrange for a site walk.
IW #06-39 MOD 83 & 85 Main Street, Robert Marinaccio. Modification to an existing permit.
Bill Kenny, Soil Scientist, explained that he was retained by the applicant to assist with the restoration work required by the original permit. Although he met with Rob Sibley in the fall, they did not begin work until this spring. He explained one area originally designated to be mitigated but felt the area now should not be disturbed. It is currently a healthy wetland with a white oak and saplings. Ms. Peters asked if they are adding other mitigation to the permit. Mr. Kenny said there are no further proposals. Ms. Curran asked if there are any plans for a buffer. Mr. Maguire said that the original permit states plans for a buffer when the commercial development is determined. After further discussion, Ms. Salling motioned to approve the application with standard conditions C, E, O,
P, and conditions of the original approval for IW #06-39, additionally, (1) The approved plans are “Partial Plan of Site Plan”, prepared by Spath Bjorklund Associates, dated March 8, 2013. Mr. Boily seconded the motion. The motion was unanimously approved.
IW #08-49 EXT 8 Farm Field Ridge Rd, John & Maureen Matz. Extension of an existing permit.
Maureen Honeychurch-Matz was present and said there are no proposed changes from the original application and only an extension is requested. After discussion, Ms. Curran motioned to approve the extension of IW #08-49 with the standard conditions of the original approval and supporting maps. Mr. Boily seconded the motion. The motion was unanimously approved.
ACCEPTANCE OF NEW APPLICATIONS: IW #13-22 160 Sugar Street, Russo Farms
OTHER BUSINESS
CEASE AND DESIST – 17 Poverty Hollow Road – Michael and Elizabeth Tadros were present to discuss work being completed in wetlands on their property. All work has stopped and erosion and sediment controls have been put in place. Ms. Peters explained the reason for wetlands regulations. Mr. Tadros showed pictures of the pond from years before prior to it being filled with sediment. They would like to restore the pond to the way it was years ago. Ms. Peters explained the information that the commission needs and encouraged them to consult with Mr. Maguire to determine if they want to continue with the work. Ms. Curran asked if there are wetlands there. Mr. Maguire said there doesn’t seem to be wetlands and that it appears to be a defined pond and stream. Ms. Peters
explained the importance of having a wetland vegetative buffer along the pond and stream and that mowing a lawn up to the edge of a watercourse is not acceptable. The applicant will work with Mr. Maguire to put together a plan and a wetlands application.
APPROVAL OF MINUTES – Ms. Salling motioned to approve the minutes of May 8, 2013 which was seconded by Mr. Boily and abstained by Mr. Davin. Corrections to the minutes are as follows: Within the motion for IW # 13-17 (Det), change the word “recommended” to “recommend”. The minutes were approved as amended.
OTHER BUSINESS
Ms. Peters said that she received a call from Parks and Rec regarding a stream restoration project. They may be coming before the commission.
ADJOURNMENT – Mr. Davin motioned to adjourn the meeting. Ms. Salling seconded the motion. The meeting was adjourned at 8:37 pm.
Respectfully submitted by Tammy Hazen
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