Town of
NORTH STONINGTON, CT
WEDNESDAY, SEPTEMBER 14, 2016 – 7:00 P.M.
New Town Hall
Conference Room
40 Main Street
North Stonington, CT 06359
Minutes Approved ~ November 9, 2016
1.
CALL TO ORDER:
Vice-Chair Mark Grigg called the Regular Meeting of the Inland Wetlands Commission to order on Wednesday, September 14, 2016 at 7:02 p.m.
COMMISSIONERS PRESENT:
Mark Grigg, Vice-Chair, Cody Bill, Marvin Chase, Jr., Kevin Geary, Ron Lewis, Candy Palmer and Asa Palmer
COMMISSIONERS ABSENT:
Robert Miner
STAFF PRESENT:
Wayne Berardi, Wetlands Enforcement Officer and Administrative Assistant Cheryl Konsavitch
2.
ADDITIONS TO THE AGENDA: None
MOTION by C. Palmer, SECOND by M. Chase to approve the draft minutes of 08/10/16
as submitted. MOTION CARRIED UNANIMOUSLY
4.
PUBLIC COMMENT:
None
5.
OLD BUSINESS:
#16-038
Application of Lee Winakor, 217 Ledgen Wood Rd., North Stonington, CT for a restoration plan for exceeding the clearing limits within the 100 foot upland review area.
The extended building envelope that was not permitted includes portions of a terraced lawn, stone retaining walls and a beach area along the shoreline of Billings Lake in an R-80 Zone. Tax Map #45, Parcel #8000
Mr. Winakor was present for the application and submitted a letter from his Soil Scientist, Ian Cole, that he asked be read into the record.
Vice-Chair Grigg read the letter into the record which addressed concerns pertaining to the potential of chemical runoff into the lake due
to lawn treatments which Mr. Cole has suggested as a mitigation plan. Mr. Cole stated in his letter that Mr. Winakor is committed to the use of an organic fertilizer which would completely resolve concerns for chemical runoff.
The Commission reviewed the site-plan and were still concerned about the lack of a buffer between the land and the lake. The Commission
stated they wanted a restoration buffer plan.
The Commission asked questions about the pathway to the lake which they would like to see at about10 feet. Mr. Winakor stated the pathway
down to the lake is approximately 20 feet but with the planting of the tall grasses it is now approximately 15 feet. The Commission stated they are concerned because the clearing limits are now gone. Mr. Winakor stated he has a tiered lawn, a rock wall and
natural vegetation that has grown in and the only gap is the 15 foot gap to the lake.
C. Palmer stated that Mr. Winakor has allowed 90% of the area to grow back in with natural vegetation such as blueberries,
mountain laurel and a variety of natural vegetation.
The Commission discussed the applicant using organic herbicides, and pesticides and to come back before them in the future
if any additional sand is planned to be dumped on the property.
MOTION by C. Palmer, SECOND by K. Geary to approve the mitigation plan as submitted. MOTION CARRIED UNANIMOUSLY
6.
NEW BUSINESS:
A.
Appeal of Wetlands Agent Decision by Kieran & Jennifer Day, 572 Lantern Hill Rd., Stonington, CT 06378 for application
#16-056 of Mark Perkins, 586Z Lantern Hill Rd., N. Stonington, CT for regrading of property for farm use in an R-80 Zone. Tax Map #113, Parcel #7728-M
C. Palmer recused herself
Kieran & Jennifer Day, Atty. Caleb Hammel and Soil Scientist Martin Brogie were present for this meeting. Mr. Jim Rossman
of Stadia Engineering, representing Mark Perkins was also in attendance.
Atty. Hammel stated he was before the Commission to appeal the decision of WEO Berardi to allow certain activities on
the property and his clients believe Mr. Berardi was wrong in the decision he made. Atty. Hammel stated that his decision indicates that this is a permitted use and the Wetlands Commission cannot delegate authority to WEO Berardi that involve wetland activity
that has more than a minimal impact on the property.
The application was presented to the Wetlands Commission in May and a motion was made by the Commission to delegate it
to the Wetlands Enforcement Officer. A notice was not published by the applicant so the application became null and void. The applicant then submitted another application that WEO Berardi signed off on in July and a notice was published.
R. Lewis stated to Atty. Hammel that the applicant is appealing the decision of the Wetlands Agent and there is nothing
stopping the applicant from coming back and reapplying to the Commission which would make the appeal go away. Atty. Hammel stated that can happen.
Mr. Brogie stated he has reviewed the Site Restoration Plan and has determined that the proposed restoration activities
are reasonably likely to have a greater than minimal impact on the wetlands. Mr. Brogie has not physically walked the site. WEO Berardi did not agree with Mr. Brogie’s opinion.
Mr. Rossman made some comments regarding the site.
WEO Berardi asked the Commission to do a site-walk of the property and the Commission agreed with the potential dates
of September 25th or 26th. The property owner would have to grant permission for the site walk. Mr. Rossman stated he would contact Mark Perkins regarding this matter and would get back to the Commission.
The applicant’s will return for the Commission’s October 12th meeting.
B. #16-065
Application of Jason Miner, 238 Wyassup Rd., North Stonington, CT 06359 to construct a 16’ bridge to span the brook & construct a walkway across a regulated area on
the Hewitt property located at 8/14 Hewitt Rd. in an R-80 Zone. Tax Map #102, Parcel #2284
Jason Miner came before the Commission and did a presentation for his Eagle Project on the Hewitt Farm to construct a
new bridge and walkway. The Commission had no issues with this project and directed WEO to sign off on the application as there are no impacts to the wetlands.
C. #16-066
Application of Linda J. Miner, 157 Hangman Hill Rd., North Stonington, CT 06359 to construct a single-family residence on property located on Hangman Hill Rd., in an
R-80 Zone. Tax Map #88, Parcel #9795
The Commission went over the site-plan and directed WEO Berardi to sign off on the application as the wetlands will not
be effected by this application.
8.
ENFORCEMENT OFFICER’S REPORT:
WEO Berardi stated that he has met with Mac Gray and Madeline Jeffery regarding the pond and there is no wetlands issue on the driveway.
