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10-23-13
INLAND WETLANDS COMMISSION
MINUTES
Regular Meeting of October 23, 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, John Davin, Kristen Hammar, Anne Peters 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, Town Counsel, Cohen and Wolf, LLC.

IW #09-15  William H. Joyce, Sherman Road & Berkshire Road.  Continuation of a Public Meeting to Discuss and Potentially Act Upon a Proposed Settlement Pursuant to Section 8-8(n) of the CT General Statutes.

Ms. Peters convened the meeting at 7:30 pm and explained the process for the meeting.  Atty. Matthew Willis, noted that the property was staked.  Ms. Peters said some  commissioners walked the site.  She asked if the applicant responded to questions posed by Joe Hovious at the previous meeting regarding impervious surfaces and percentage of open space that is wetlands versus upland.  Larry Edwards, PE, said that there is less impervious surfaces and at there is a significant increase of upland usable open space in the current proposal.  

Ms. Curran asked for validation that the drainage plans and sediment and erosion controls are in compliance.  Mr. Benson said he felt Land Tech’s review and the applicant’s compliance with Land Tech’s suggested changes are sufficient.  She then asked about rain gardens being specified for each house instead of generic for all.  Mr. Edwards said the rain gardens will be sized in accordance to the size of each house.  Ms. Peters asked how many fire tanks there will be.  Mr. Edwards said it depends upon the Fire Marshal’s requirements.  There will be at least two and possibly three 20,000 gallon tanks and that they will be away from the wetlands.  Ms. Curran then asked about removal of invasive plants.  Mr. Edwards said that only a portion of invasives that will be removed.  Ms. Peters asked whether they would use boulders for drainage in the culvert on the wetlands crossing.  Mr. Edwards said they will install an envelope at the crossing.  Boulders will be used to delineate the easement and wetland areas.  Ms. Peters then invited the public to speak.

Bart Smith, 15 Great Hill Road, VP of Newtown Forest Association, said they walked the property.  He asked if they plan to provide maintenance access to the dam.  Mr. Benson said that would be addressed by the Planning and Zoning Commission.  Ms. Peter said dams of this size are usually under the jurisdiction of  DEEP and/or the Army Corp. of Engineers.   

Marjorie Cramer, 38 Huntingtown Road, shared concerns about long-term maintenance of the rain gardens.  Mr. Edwards said he found that if you make them attractive with plantings, they will be maintained and tend to last longer.  Ms. Peters said they are part of the approved plans and will remain part of the commission’s jurisdiction within the five years of the permit.

After further discussions, Ms. Salling motioned to add Executive Session to the agenda, which was seconded by Mr. Davin.  All were in favor.  Then Ms. Curran motioned to go into Executive Session at 7:58 p.m. for the purposes of discussing the settlement, and that Town Counsel and staff remain in attendance.  Ms. Hammar seconded the motion.  All were in favor and the applicants and public left the room.  

Ms. Hammar motioned to exit Executive Session at 8:29 p.m. and seconded by Ms. Curran.  All were in favor and the public and applicants were asked to return to the council chambers.  Ms. Peters asked if the commissioners were ready for a motion.  After no further discussion,

Commissioner Hammar motioned that the Inland Wetland Commission of the Town of Newtown approve the proposal of settlement of the case of William H. Joyce vs. Inland Wetlands Commission of the Town of Newtown.  Docket No. DBD CV 09 6001768 S, pursuant to 8-8(n) Connecticut General Statutes as amended.  The settlement shall be in accordance with the wetlands and watercourse impacts as shown on a plan entitled “Sherman Woods Newtown, Connecticut, Still Hill Road, Sherman Street & Toddy Hill Road.  Dated June 1, 2013 prepared by J. Edwards & Associates, LLC for William H. Joyce, Newtown, Connecticut”.  
BE IT FURTHER RESOLVED THAT the reasons for the approval of the settlement are:
  • The above-referenced Plan shows that the impacts to the wetlands and watercourses are significantly reduced in that the limits of the disturbance have been greatly reduced and have been significantly pulled back from the wetland boundaries in comparison to the original plan;
  • The drainage and storm water management for the site has improved from the original plan, and meets all the issues outlined in the Land Tech Consultants Peer Review Letter, dated January 4, 2011.
  • Nine (9) of the ten (10) “lots of concern” on the original plans as stated by the Inland Wetlands Commission’s expert Stephen Trinkaus will not be developed and the last lot, known as Lot #2, has been significantly altered resulting in less wetlands impact.
  • The acres of open space of the project have more than doubled, creating a larger and more significant buffer between the wetlands and development than the original plan; and
  • This Open Space Conservation Subdivision represents an acceptable, feasible and prudent alternative to the original plans.
FURTHER RESOLVED, THAT the settlement is condition upon the following additional requirements.  
  • That Inland Wetland Commission of the Town of Newtown standard permit conditions A - L are followed.
  • Lot numbers 2, 3, 15, 16, 17, 24, 25 and 39 will have the wetlands or conservation easements buffered by boulders placed on the easement or wetland boundary.
  • Plantings located within the restoration areas will be monitored for two growing seasons after planting and be replaced if needed within that time period.
  • The wetlands crossing for the emergency vehicle access will be constructed using a stone-based envelope.
Commissioner Salling seconded the motion.  Ms. Peters said that the plan is a significant improvement over the original plan and the commission appreciates all the efforts that have gone into it.  She then called for a vote.  
All were in favor.  Ms. Peters noted that Mr. Davin left and participated in the discussion but not in the vote.

FOREST PRACTICES - FP #13-02 27 Dug Hill Road, Mike McCarthy, Cross Cut Tree and Land Management.  

Mike McCarthy, 19 Alpine Drive, explained the proposed selective timber harvest of approximately 15 acres (39,000 board feet).  The harvest will be in an upland hardwood forest.  The land slopes toward the Northeast in the harvest area.  The southwest corner of the harvest borders a wetland.  Access will be off Maltbie Road cul-de-sac.  A 12” diameter drain pipe will be set in place to accommodate drainage.  The commissioners will visit the site.

APPROVAL OF MINUTES – Ms. Salling motioned to approve the minutes of October 9, 2013, which was seconded by Ms. Hammar. Changes include:  Last paragraph on the 1stt page, 4th line down, change “… storm water quality systems and that every house …” to “… storm water quality systems and said that every house …”; also the last line on page 1, change “… southern portion and the around the …” to “… southern portion and around the “; then 5th paragraph on page 2, change “… Land Tech review meet or exceed all requirements, what is the change to …” to “… Land Tech review meets or exceeds all requirements, the change to …”.  With those changes, all were it favor and the minutes were approved as amended.

OTHER BUSINESS – Ms. Peters reminded the commissioners about the CACIWC meeting on Nov 16th.  
ACCEPTANCE OF NEW APPLICATIONS – None

ADJOURNMENT – Ms. Salling motioned to adjourn the meeting at 8:52 pm.  Ms Curran. seconded the motion.  The motion was approved unanimously and the meeting was adjourned.

Respectfully submitted by Tammy Hazen