Newtown Inland Wetlands Commission (IWC) continued the public hearing for a proposed housing development on Commerce Road during its evening meeting on April 12.

IWC members present were chair Sharon Salling, Scott Jackson, Suzanne Guidera, Craig Ferris, Kendall Horch, and Stephanie Kurose.

Senior Land Use Enforcement Officer Steve Maguire and Land Use Enforcement Officer Kiana Maisonet were also in attendance.

Many members of the community were in attendance for the IW Application #23-04 by Teton Capital Company, LLC, for property located at 6 and 8 Commerce Road, for construction of a 171-unit multifamily housing development.

Salling announced, “We will begin with the continuation of public comment beginning where we left off at the last hearing [on March 22]. I also do want to remind you that the Inland Wetlands Commission has very strict purview that’s limited to wetlands and watercourses.”

She added that questions should be addressed to the commission and not the applicant, each person would have a 10-minute time frame to speak, and the meeting would be a maximum of two hours, concluding at 9:30 pm. If there were still people with questions at the end, then another continued public hearing would be considered.

People were also invited to submit their input and informational materials to the Land Use Agency.

The first person from the public to participate was Steve Trinkaus, PE, of Trinkaus Engineering LLC in Southbury, who was speaking on behalf of Candlewood Valley Trout Unlimited (CVTU). He gave his analysis of the applicant’s stormwater management plan, erosion controls, site plans, landscape plans, as well as the effect this project would have on the wetlands.

“While the majority of proposed construction is located outside the defined 100 feet upland review area, all of the construction activity is located directly upgradient of delineated inland wetlands and watercourses … the erosion control plan is not adequate to protect these aquatic resources from the discharge of sediment laden runoff during the construction period,” Trinkaus reported.

He highlighted that the project could cause the channel banks of Deep Brook to erode, which would move runoff downstream and negatively impact organisms at the bottom of the water, as well as trout eggs.

Additionally, the applicant’s plan would have thermal impacts and would be harmful to the wild trout’s health and survival. He submitted his multi-page analysis to the IWC April 12 Meeting Minutes including his extensive background qualifications.

Newtown resident Don Leonard spoke next and asked, “How does the commission assess the veracity of all the information that is presented to you … and number two, to sift through all this is difficult. Do you ever consider engaging with an outside consultant when you have a project of this magnitude and effect on the wetlands?”

Salling asked Maguire to share his insight.

Maguire explained that when an application comes in, it is reviewed by the Land Use Agency, town engineer, and IWC. If the latter wishes, they can request a third party to review the project.

‘Lethal Zone’

Sandy Hook resident, and CVTU Vice President Neil Baldino, gave a PowerPoint presentation titled “Deep Brook Watercourse — A High-Quality Aquifer: Temperature Profile — Stress Zone & Lethal Zone.”

His first slide showed locations relative to the proposed 6 and 8 Commerce Road project. It included the Deep Brook mouth where his presentation’s data was collected from mid-May to mid-September from 2015 to 2022.

The information showcased how a “Stress Zone” is when the water is 68 to 74 degrees Fahrenheit, which can be harmful to the trout. The “Lethal Zone” is when the water is 75 degrees Fahrenheit or higher and can have the most severe impact.

Baldino noted when the water reaches the lethal zone, it begins to kill the trout fast — so much so that “half of trout die after an hour of exposure.” Overall, higher water temperatures and thermal spikes create chronic stress, loss of energy, and a decrease in populations for the wild trout.

“We are very concerned with the watercourse and the proximity of this project,” he summarized.

Sandy Hook resident Joseph Hovious also gave a presentation on behalf of CVTU. He discussed concerns regarding if the watercourses and stormwater plan could handle increasing water flows.

His submitted comments state, in part, “In summary, pre-project, much of the runoff from the southern half of the fields where construction will occur runs across the fields and downhill to Old Farm Road. This was obvious during [Hurricane] Ida when the increased flows eroded Old Farm Road. The existing drainage pattern does not send all that runoff into the small stream where the new construction will discharge, so a major change in flow patterns will result from this project.

“An analysis as to whether the watercourse can handle the increased flow and any impacts of this increased flow has not been included in the project stormwater plan. Since this watercourse flows underground and through two culvert sections and under two roads, an analysis should be completed and a determination as to whether modifications are required to the watercourse.”

Sanctuary Impacted

Newtown resident, architect, and engineer Peter Paulos, of P.H. Architects LLC, said that he has been working with the Catherine Violet Hubbard Animal Sanctuary (CVHAS) for nearly a decade. The sanctuary is located at 8 Commerce Road and would be sharing a driveway, in addition to close proximity, with the proposed housing development.

The nonprofit was created to honor the compassionate legacy of first grader Catherine Hubbard who loved all animals and died from the Sandy Hook Elementary School shooting on December 14, 2012.

Paulos said the CVHAS has done a tremendous amount of work over the years that could be negatively impacted by this proposed project. He explained that representatives from Western Connecticut State University (WestConn) have done a biodiversity study of the property.

“Based on their findings and the diversity that they found at the sanctuary, they recommended that the site be a firefly sanctuary … a lot of this diversity is in the woodland areas and based off their feeding patterns and their activity with water source and food source, they found that there are many, many different varieties of fireflies in this property,” Paulos said.

The CVHAS is now a recognized International Firefly Sanctuary and International Monarch Butterfly Waystation.

“We do not want to see the work that we have done go to the wayside,” Paulos said. With the CVHAS being such an environmental asset both locally and internationally, students of all ages come to the sanctuary to learn from it.

Paulos also mentioned how the CVHAS has planted more than 12,000 pollinator plants for their butterfly garden and they have beehives on-site.

“Bees can travel up to two or three miles, and it’s worrisome that we’ve been trying so hard to be organic — not to have pesticides or insecticides — and an adjacent development … could eliminate [the] bees,” he said.

Paulos brought up that he would like the commission to review the percentages for impervious surfaces and that the conservation easement should not be included in those calculations.

Sandy Hook resident Dave Ackert spoke next. He thanked and acknowledged the hard work people have done to protect and rebuild Deep Brook for many years.

He shared positive memories that his family has had fishing on the waterway. Ackert added how he is concerned that future generations will not get to enjoy Deep Brook due to the proposed project causing rising water temperatures.

Newtown resident Dan Holmes echoed concerns about the project’s impact on water quality and water temperatures, as well as the aquifer.

“Trout are indicator species of water quality and what happens to the trout, happens to us,” he said.

Newtown resident Mark D’Amico implored the IWC to consider getting third party experts, including a soil scientist, stormwater engineer, and animal biologist, to provide their professional perspectives.

“Once it is done, it can’t be undone,” he said of the development and its effects.

Commission Input

Commissioner Kurose said she looked at the CT Natural Diversity Data Base (NDDB) and found there is a protected species in the project area. She inquired if the applicant reviewed the NDDB, conducted any surveys, or consulted wildlife biologists from Connecticut Department of Energy & Environmental Protection (DEEP).

Representing the applicant was attorney Peter Olsen, of the Land Use & Conservation Counsel in Bethel. He responded to Kurose by saying they are working on revising the plans and can answer more later.

Joining Olsen was wetland/soil scientist Steven Danzer, who has worked on projects in Newtown before, specifically the Holly Estates Subdivision off Berkshire Road (Route 34) that recently faced two IWC permit revocation hearings for poor site conditions.

Danzer explained that around 2010 they acknowledged the wood turtle as a protected species on the property and created a plan that has been carried over to the current application.

Commissioner Ferris asked Trinkaus, of CVTU, if he is familiar with underground stormwater systems and if it would be appropriate for the property. Trinkaus said he is “very familiar” with the systems and that they would need soil tests done to know if the site is suitable for that option.

He mentioned how any type of surface pond that has an open pool, which this application has, will cause the water to bake in the sun and warm up quite a bit. Even though the applicant said they would plant maple trees on the south side for shade, Trinkaus said it will not be sufficient.

When Maguire was asked if he had anything to add, he said that he would like to see the applicant’s revised plan before commenting on the project. Horch noted that the peer review should be done after the revised plans are submitted and the commissioners nodded in agreement.

The public hearing will continue to the next IWC meeting, which will be on Wednesday, April 26, at 7:30 pm.