INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of June 12, 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, Katja Pieragostini, Anne Peters and Sharon Salling; Absent: John Davin Kristen Hammar; Staff Present: Steve Maguire, Land Use Enforcement Officer and Tammy Hazen, Clerk.
Ms. Peters convened the meeting at 7:35 pm.
PENDING APPLICATIONS
IW #13-21 141-147 Poverty Hollow Road, Abigail Kende. Application for work completed in a regulated area.
Abigail Kende was present. Ms. Peters discussed what she found during the site walk and shared concerns over apparent dredging, enlarging, and armoring of the smaller pond; then removal of trees, dredging and berming at the larger pond. Ms. Kende said she never dredged and there was no berming, it all just happened naturally. Ms. Curran said the pond must have been dredged. Ms. Kende said no, it’s been developing over the years with trees coming down and the water accumulating. Ms. Curran described a hill that looked like it was made from dirt dredged from the pond with wetlands surrounding it. She explained how that is not naturally occurring. Ms. Peters said that was her observation as well.
Ms. Peters said that wetlands act like a sponge, the water spreads out over a wide area, as it spreads the water velocity diminishes so the water moves more slowly through the wetlands. She noted a long wetlands leading up to the berm, that sediment usually drops out gradually and the only time streams pick up sediment is when they’re moving at a high rate of speed, therefore, she doesn’t see any physical mechanism that would have deposited a berm or ridge at the northern end of the pond (with wetlands on either side and a stream cutting through) except through human action. She said it appears that the base of the remaining (standing) trees have been mounded with dirt, which is not the way a stream or wetlands deposition naturally works. Ms. Kende said she doesn’t have an answer, she’d have to
go look, she’s not familiar with any mound. Ms. Peters said it would be helpful for her to walk the site with Mr. Maguire. Mr. Maguire said it looked like dredging soil was used for the berm on the northern section, that the only plants visible were primary succession plants with no woody material which suggests that the dirt was recently placed there. Ms. Peters suggested Mr. Maguire bring out an auger and look at the soil strata to see if there is disturbed wetland soil.
Ms. Curran asked about the rock wall created along the rocky ledge. Ms. Kende said the stone wall had been there for many years. Ms. Peters asked about the clearing of trees on the slope of the west side noting that there was a fairly steep scar. She said in a 2007 aerial photo, the area was heavily wooded at that time. There are now missing trees.
She also discussed the berm on the northern end where the pond appeared to be dammed up and is surrounded by wetlands on either side. Ms. Kende said she doesn’t understand the areas being discussed, that she rarely goes out there. Ms. Peters noted there was a kayak on the pond.
Mr. Maguire asked who removed the trees and if an excavator was used. Ms. Kende said she did it herself, when the trees came down she chopped them up and attached the root to the back of the truck and dragged them out, no equipment was used. Ms. Curran thought they were fairly large trees and asked if she cut them down. Ms. Kende said they are dying from the water, that there are still some dead trees standing. Ms. Peters said some types of trees thrive in water and do well in wetlands and that trees are thriving in the northern end. She noted that the trees that have had their bases covered with dirt are dying. She suggested Mr. Maguire go out with an auger to test the soil.
In regards to the small pond, Ms. Peters said the stream is running at a fast velocity and getting flashy which is causing erosion downstream. There needs to be a plan to restore and stabilize the area to avoid further erosion and to preserve the functionality of the watercourses.
Ms. Salling asked if she plans to work with a professional in developing a plan. Ms. Kende said she is working with NRCS to come up with a restoration plan for the land. Ms. Salling said the focus of the plan for the current application should be mitigation for the activity that has already been done and to separate any other restoration she has planned for other parts of the property. Ms. Peters explained the timeline for the current application and suggested Ms. Kende submit plans as soon as possible since it stems from a violation. Ms. Kende will meet with Mr. Maguire and work with a professional to develop a restoration/mitigation plan.
IW #13-22 160 Sugar Street, Russo Farms. Application related to a violation.
Thomas Kaelin was present. Ms. Peters said some commissioners have seen the site. Mr. Maguire explained the violation, noting that the parking lot is encroaching into the wetlands. There was a similar violation in 2008 resulting in conditions that the owner install a berm along the west side, there be no vehicle maintenance, no landscaping work, and no additional work or storage without additional approvals. He noted driveway material was pushed off into the wetlands, apparently from snowplowing. The affected areas are scattered off the perimeter.
Ms. Peters said she did not see a berm when she walked the site. Thomas A. Kaelin, 247 Main Street South, Woodbury, discussed the recent violation saying that snow plowing moved gravel, stone and hay material from the parking lot into the wetlands. In the area where there is brush and sediment, he feels this was done naturally and that no corrective action is necessary.
Ms. Peters said there is also a stack of cut logs, concrete, stone, hay and gravel that has extended more than 10 feet into the wetlands. The wetlands should be restored and because this is an ongoing issue a barrier should be made to prevent this from happening again.
Angelo Russo, from Russo Farms, said the concrete came from the snowplow scraping across an old concrete slab, once used as a base for an old shed that was taken down. Atty. Kaelin said they will propose putting barriers up with reflective posts and that snow will now be piled on the interior of the lot. The applicant will return with plans. Mr. Maguire will take some core samples. Atty. Kaelin will consult with Mr. Maguire.
ACCEPTANCE OF NEW APPLICATIONS:
#13-25 6 Washington Avenue, 6 Washington Ave Sandy Hook LLC
#13-24 17 Poverty Hollow, Michael Tadros
#08-24 Ext 1 Evergreen Road, Deborah Aubin
APPROVAL OF MINUTES – Mr. Boily motioned to approve the minutes of May 22, 2013 which was seconded by Ms. Salling and abstained by Ms. Pieragostini. Corrections to the minutes are as follows: Under IW #13-21, 2nd paragraph, 3rd sentence, change to “Ms. Kende explained the area where the ponds are stating that trees have become overwhelmed by water and have collapsed”. The minutes were approved as amended.
OTHER BUSINESS – Ms. Pieragostini noted that she is resigning but will be at the next meeting.
ADJOURNMENT – Ms. Pieragostini motioned to adjourn the meeting. Ms. Curran seconded the motion. The meeting was adjourned at 8:45 pm.
Respectfully submitted by Tammy Hazen
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