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08-28-13
INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of August 28, 2013 at 7:30 pm
Meeting Room #1 and Council Chambers
Municipal Center, 3 Primrose Street, Newtown, CT

These Minutes are Subject to Approval by the Inland Wetlands Commission

Present:  Pat Boily, John Davin, Kristen Hammar, Anne Peters and Sharon Salling; Absent:  Mary Curran; Staff Present: Steve Maguire, Land Use Enforcement Officer and Tammy Hazen, Clerk.  Also Present:  Graham Tait, Wetlands Enforcement Officer for the Town of Monroe.  

Ms. Peters convened the meeting at 7:33 pm.

PENDING APPLICATIONS

IW #13-21  141-147 Poverty Hollow Rd, Abigail Kende.  Application for work completed within a regulated area.  

Ms. Kende was present and distributed a report by JMM Wetlands.  The commissioners reviewed the report that was summarized by Ms. Kende, stating that there has been no significant impact to the wetlands or watercourse, only that invasives should be removed.  The commissioners and the applicant discussed traffic by dirt bikes and quads in the area.  Ms. Kende explained that she has been working on blocking areas where people can enter with off terrain vehicles onto her property.  She also stated that farm animals come onto her property as well as hunters.  She is working to correct this.  After further discussion:
Commissioner Salling motioned to approve the application with standard conditions B, C, E, O, P and
  • The approved plans are dated received 7/24/13 and includes hand drawn plans with supporting documentation, Wetland Assessment for Abigail Kende, developed in cooperation with the USDA Natural Resources Conservation Service, dated received 6/27/13, and JMM Wetland Consulting Services Site Investigation dated 8/26/13.
  • The planting will be initiated as quickly as possible and will be completed by December 31, 2015 with quarterly reports filed with the Land Use office.
  • The plants will be monitored for two growing seasons after planting to ensure survival.  Any dead plants will be replaced within that time.
Commissioner Davin seconded the motion.  The motion was unanimously approved.  

CEASE AND DESIST HEARING – IW Violation #10-01 86 High Rock Road, Scott Ostrosky.  

Mr. Maguire provided a history of this violation noting that the property straddles Monroe and Newtown.  Monroe’s Enforcement Officer, Graham Tait, was present.  Mr. Maguire displayed a history of aerial photos (from 2002 to 2012) of the property showing where a pond was filled in and a stream was altered.  He explained a wetlands corridor that flows through the property and that it’s been difficult pursuing violations because Mr. Ostrosky switches from stating his property is solely in Monroe and then solely in Newtown.  The two towns have joined forces to resolve the issues.  The Newtown violation was initiated in the Fall of 2009 with a notice of violation issued in 2010.  A cease and desist order was then delivered to Mr. Ostrosky on August 13, 2013.   

Mr. Tait said in 2002 Monroe’s Building Inspector issued a cease and desist followed by their Environmental Consultant issuing a cease and desist shortly thereafter.  On October 4, 2002 a temporary injunction was ordered in which the defendant was required to remove all unregistered motor vehicles, cease and desist the commercial sand, gravel and earth products businesses conducted on the premises, and comply with all of Monroe regulations pertaining to the wetlands code.  They resurrected this violation in 2010 and explained the disturbance around the larger pond on the Monroe side.  Ms. Peters asked if the Army Corp and DEEP are involved.  Mr. Maguire said the Army Corp. is looking into it.  Mr. Maguire showed an overlay noting where the Newtown and Monroe recorded town lines intersect near the middle of this property.  

Mr. Ostrosky disputed the facts present by Mr. Maguire and Mr. Tait.  He argued that:
  • that there had not been a pond on his property but only a puddle;
  • that the “pond” did not meet the regulatory definition of a wetland or watercourse;
  • that his property was not located in Newtown;
  • that he had not engaged in regulated activities without a permit; and
  • that the activities had occurred long ago.
He handed the commission a survey done by Paul Brautigam.  

Mr. Ostrosky disputed the commission’s authority.  Ms. Peters said he has the opportunity to explain why the cease and desist order should not be adhered to but was clear on the scope of authority of the commission.  Ms. Peters said the map he supplied shows wetlands.  Mr. Ostrosky said he had a building permit from the Town of Monroe.  Ms. Peters said a building permit is not a wetlands permit.    

Mr. Davin asked how the pond was created.  Mr. Ostrosky said the pond was made when he stripped off the top soil and water collected in an indentation where the top soil was deeper.  He said there is a picture of the property from the 60’s and early 80’s that his neighbor had.  Mr. Davin said he should submit that.  The commissioners looked at the map Mr. Ostrosky supplied and noted that the wetlands delineated on the map clearly shows the activity within 100 feet of those wetlands.  Mr. Davin said the defendant should supply any documentations, photographs, surveys, or statements he has.  

There followed a discussion of Mr. Ostrosky’s assertion that his property is located in Monroe.  Ms. Peters said the deeds recorded in the Town of Newtown clearly show otherwise.  Mr. Maguire showed a letter from the Selectman of Monroe, referencing the town line issue and agreeing with a town line.  Mr. Ostrosky then asked if the Selectman was a licensed land surveyor.  Mr. Maguire stated that the Towns of Newtown and Monroe have agreed upon a defined town line and that a surveyor can’t decide where the town line is.  

Ms. Salling told Mr. Ostrosky that he was making the process extremely difficult for himself and for the commission.  She said the violation has been ongoing since 2002 and that Mr. Ostrosky has been offensive with his adversarial attitude.  She felt a soil scientists’ report should be submitted and that the Cease and Desist should be upheld.  

After further discussion, Ms. Peters motioned to uphold the Cease and Desist Order issued to 86 High Rock Road, Scott Ostrosky, dated 8/13/13 related to violation #10-01.  Mr. Davin seconded the motion.  The motion was carried unanimously.

APPROVAL OF MINUTES – Mr. Davin motioned to approve the minutes of August 14, 2013.  The motion was seconded by Ms. Salling and abstained by Mr. Boily and Ms. Hammar.  The minutes were approved with the following changes:  Under application IW #13-27, second sentence, changed “He estimated that 60 to 100 yards . . . ” to “He estimated that between 60 and 100 yards . . .”

OTHER BUSINESS – All the commissioners thanked Pat Boily for his excellent service to the commission, that he will be missed and would be welcomed back at any time.

ACCEPTANCE OF NEW APPLICATIONS – None.

ADJOURNMENT – Mr. Boily motioned to adjourn the meeting at 8:50 pm.  Ms. Salling seconded the motion.  The motion was approved unanimously and the meeting was adjourned.

Respectfully submitted by Tammy Hazen