TOWN OF OLD SAYBROOK
Inland Wetlands & Watercourses Commission
302 Main Street Old Saybrook, Connecticut 06475-1741
Telephone (860) 395-3131 FAX (860) 395-3125
MINUTES
REGULAR MEETING
THURSDAY, January 20, 2005 at 7:30 p.m.
Pasbeshauke Pavilion
155 College Street Extension
Saybrook Point
CALL TO ORDER
Chairman Frank Jones called the meeting to order at 7:40 p.m.
ROLL CALL
Attendant Members Absent Members
Frank Jones, Chairman Kimberly Gallagher, Alternate
Paul Smith, Vice Chairman
Kevin Zawoy, Regular Member (arrived at 7:50 p.m.)
William Pollock, Regular Member
Robert McIntyre, PC Representative
Judy Preston, CC Representative
Frank Reichart, EDC Representative
Brendan McKeown, Alternate
Attendant Staff
Christina Costa, Enforcement Officer
Michael Cronin, Commission Legal Counsel (arrived at 8:30 p.m.)
PUBLIC HEARINGS
None.
OLD BUSINESS
A. 04-014 Petition to Amend the Inland Wetlands & Watercourses Regulations
Section 2- Definitions, Section 7- Application Requirements
Petitioners: Charles Rothenberger for Ct Fund for the Environment
and James Keaney for Alliance for Sound Area Planning
Accepted: 9/16/04, PH Opened: 11/18/04, PH Closed: 12/16/04, Decision by: 1/20/05
MOTION to amend agenda to postpone discussion of application #04-014 until the arrival of Michael Cronin, Legal Counsel. MOVED by Frank Jones. SECONDED by Paul Smith. APPROVED unanimously.
NEW BUSINESS
A. 05-001 Denise Cote
333 Spring Brook Road (Map 58, Lot 33) 0.43 acres of wetlands
Application for addition of Breezeway and Garage.
The Commission noted an error on the agenda and indicated that the ACTION should have read “Accept application, determine if significant activity and if Ordinance 71 fees required.”
The Commission reviewed the application and noted that the plans prepared by Richard Gates failed to include correct scale, elevations and a location map. The applicant was advised to contact Mr. Gates to correct these deficiencies and return to the next meeting.
MOTION to accept application #05-001 – Denise Cote and continue to the next regular meeting was made by Paul Smith. SECONDED by Frank Reichart. APPROVED unanimously.
The application was not deemed a significant activity and Ordinance 71 fees were not required.
B. 05-002 Carlos Torres
250 School House Road (Map 50, Lot 49) abutting wetlands
Discuss violation and application to cut 4 trees to control drainage around well and add soil to area.
Christina Costa, Enforcement Officer reminded the Commission of the previous discussion of this matter and informed that the Commission was awaiting an A-2 survey from the applicant.
Applicant, Carlos Torres indicated that he is a first time homeowner. He explained that he was unaware that the four trees and brush he cleared were within a wetland area and that the activity required a permit. Mr. Torres informed that he ceased work once the Enforcement Officer ordered him to Cease & Desist. Carlos Torres explained that he was trying to solve a drainage problem and clean up his yard.
Kevin Zawoy arrived at 7:50 p.m.
The Commission reviewed the A-2 survey and spoke with Mr. Torres. The Commission noted deficiencies in the survey as the previous application. Ms. Costa informed that she would contact Richard Gates to remind him of the minimum standards required for the survey.
The Commission informed Mr. Torres that he would need to update the survey prior to the next meeting and advised him that remediation of the violation may be required.
MOTION to accept application #05-002 and continue to the next regular meeting was made by Paul Smith. SECONDED by Frank Jones. APPROVED unanimously.
C. Discussion: Property of Edward Braza, Tenant: Shoreline Landscaping
3 Custom Drive (Map 46, Lot 1-7)
Christina Costa, Enforcement Officer refreshed the Commission on the discussion of the last meeting. Ms. Costa informed that she responded to a complaint that Shoreline Landscaping was operating a paving business on the site and washing the equipment with kerosene within 100 feet of the wetlands. Ms. Costa visited the site and issued a Cease & Desist order. During the first site visit, the Enforcement Officer noted no paving equipment and witnessed an employee of the company depositing soils within the area designated on the 1999 plan as storage yard. Ms. Costa informed the Commission that she met with the owner of Shoreline Landscaping who was very cooperative, cleaned up the site and informed that he would advise his employees that soil and erosion control is required for
stockpiling. Shoreline Landscaping informed her that they did store some paving equipment on the site temporarily, did not wash the equipment with kerosene and was not operating a paving business at the site. The Enforcement Officer advised the Commission that the Inland Wetlands Permit previously issued for the site was unclear as to what could be stockpiled on the site and requested guidance in interpreting the permit.
Chairman, Frank Jones informed that he remembered his reviewing the application and believed that stockpiling was discussed for logs and utility poles. Mr. Jones discussed the vernal pool and wetlands on the site.
Paul Smith questioned whether improperly stored hazardous substances were being stored outside. Ms. Costa responded that some gasoline powered lawn equipment, motor vehicles and other landscaping related tools were being stored in a covered storage area depicted on the plan and that a stockpiles of mulch and soil were all being contained within a barrier of concrete blocks. Ms. Costa noted that the stockpile of soil lacking soil and erosion control had been removed once Shoreline Landscaping was notified.
The Commission discussed the matter and decided that the stockpiling of materials for the landscaping operation fell within the scope of the previous permit. The Commission indicated that the Enforcement Officer should direct Shoreline Landscaping to install and maintain permanent silt fencing around the vernal pool and eastern property line adjacent to the wetlands.
The Enforcement Officer informed that she would draft a letter guiding Shoreline Landscaping to do the following:
· No storage of improperly stored hazardous substances (i.e.: gasoline, kerosene, etc.) shall be located within the outside storage area.
· Landscaping vehicles and equipment that utilize gasoline will be permitted.
· Permanent silt fencing shall be installed and permanently maintained along the eastern property line adjacent to the wetlands and along the vernal pool to the west of the storage yard. Shoreline Landscaping must install this once the ground thaws.
· Shoreline Landscaping must educate their employees of the guidelines included in the Enforcement Officer’s letter as well as how to properly stockpile materials.
· No cleaning of vehicles/equipment with solvents is permitted in the storage yard.
· No activity within the wetlands.
A. 04-014 Petition to Amend the Inland Wetlands & Watercourses Regulations
Section 2- Definitions, Section 7- Application Requirements
Petitioners: Charles Rothenberger for Ct Fund for the Environment
and James Keaney for Alliance for Sound Area Planning
Accepted: 9/16/04, PH Opened: 11/18/04, PH Closed: 12/16/04, Decision by: 1/20/05
The Inland Wetlands Commission took a five minute break while waiting for Attorney Michael Cronin to arrive from the Board of Selectman’s meeting. Attorney Cronin arrived at approximately 8:30 and the meeting resumed.
Attorney Michael Cronin distributed two motions (one to approve and one to deny) that the Chairman requested he draft for the meeting. Mr. Cronin also distributed definitions for hydraulic and hydrological.
Attorney Cronin discussed the legal implications of the application and made the following comments:
· Proposed amendments to Section 2.1 are significant since it does not define what a regulated activity is and expands the Commissions authority indefinitely beyond 100 feet. Attorney Cronin discussed the implications and reminded the Commission that the Commission has authority through Section 10.2(e) and 10.2(f) of its current regulations. This authority has been utilized by the Commission in previous applications to look at off-site impacts beyond 100 feet on a site with wetlands. Mr. Cronin noted that the proposed change clarifies and strengthens the Commission authority to go beyond the 100 feet and off site.
· Proposed amendments to Section 7 require the computation of upland review area disturbance. The present regulations require computation of disturbance to wetland areas only.
· Attorney Cronin read Webster’s Dictionary definitions of hydrological and hydrologic to the board. He explained that proposed amendments to add requirements for hydrologic information in addition to the previously discussed amendments will expand the Commission’s authority and create greater requirements for the applicant to supply greater amounts of data with possible significant financial cost to the applicant.
The Commission discussed the application and made the following comments:
Bill Pollock discussed how different towns have added different regulations in addition to the defined feet of regulated area for specific watersheds, vernal pools or wetland areas of special concern. Mr. Pollock suggested the Commission further research the content of the proposal and consider implementation of similar regulations at a later date.
Frank Reichart informed that he was not in support of the petition due to the broad scope of the language and the potential for additional cost/permitting to residents.
Brendan McKeown suggested adopting Section 7.7 and that the board should do further research on the other proposed amendments. Paul Smith agreed.
Paul Smith commented that the intent of the Commission is to protect the inland wetlands/watercourses and not to completely remove the homeowners ability to modify land. Mr. Smith informed that due to the vast wetlands and watercourses in Old Saybrook that the proposed text would regulate almost the entire Town. He indicated that there were some good points within the proposed text yet he was opposed to the text change as drafted. Frank Jones agreed.
MOTION by Paul Smith to deny Petition #04-014 – CT Fund For The Environment as drafted in the motion prepared by Michael Cronin (copy attached to these minutes). SECONDED by Frank Jones.
Vote was interrupted at the request of Judy Preston who requested additional discussion.
Judy Preston discussed her support for the application and informed that the language mirrored that suggested by the Connecticut DEP. She questioned why the Commission would not support this while other Towns are advancing and use this language successfully. Ms. Preston commented that the Commission should follow the guidelines that DEP suggests and that she supports adopting the regulations. Robert McIntyre responded that there are vast differences between Old Saybrook and other towns. He indicated that what may be good for other Towns may not best for Old Saybrook and the rights of Old Saybrook property owners. Mr. McIntyre expanded that DEP suggests sewers for Old Saybrook yet residents do not feel that sewers are in the best interest of Old Saybrook.
Kevin Zawoy questioned the scope of how the regulations would be applied without a definitive regulated area without being arbitrary. Judy Preston responded that other Towns use this language and the discretion would be left with the Enforcement Officer and the Commission. Bob McIntyre informed that he was not comfortable with the language and that guidelines should be defined to avoid arbitrary decisions as to what requires a permit and what does not.
Paul Smith requested to return to the motion on the floor.
MOTION by Paul Smith to deny Petition #04-014 – CT Fund For The Environment as drafted in the motion prepared by Michael Cronin (copy attached to these minutes). SECONDED by Frank Jones. APPROVED by Frank Jones, Paul Smith, Robert McIntyre, William Pollock, Frank Reichart. Opposed by Judy Preston and Kevin Zawoy. MOTION CARRIED.
Judy Preston requested that the Enforcement Officer place a discussion for proposed text amendments on the next meeting agenda. The Commission agreed and discussed how it may be appropriate to appoint a subcommittee to further research text amendments.
VI. REGULAR BUSINESS
Staff Report
The Enforcement Officer informed the Commission that Andrea DeDominicis has accepted the position as Commission Clerk and will begin at the next regular meeting.
Correspondence
The Enforcement Officer distributed correspondence that was not included in the regular meeting packet.
Approval of Minutes
The Commission reviewed the meeting minutes of December 16, 2004 and made no amendments.
MOTION by Paul Smith to approve the regular meeting minutes of December 16, 2004. SECONDED by Robert McIntyre. APPROVED unanimously.
Election of Officers 2005
MOTION by Paul Smith to nominate Frank Jones as Chairman. SECONDED by Robert McIntyre. APPROVED unanimously.
MOTION by Frank Jones to nominate Paul Smith as Vice Chairman. SECONDED by Robert McIntyre. APPROVED unanimously.
Frank Jones and Paul Smith discussed the duties of the Secretary. No members volunteered, some indicated that they would need to think about it and others had no time available to fill this position. Paul Smith volunteered to act as Secretary.
MOTION by Frank Jones to nominate Paul Smith to act as Secretary until the position can be filled by another member. SECONDED by Robert McIntyre. APPROVED unanimously.
VII. ADJOURNMENT
MOTION by Paul Smith to adjourn the meeting at 9:35 p.m. SECONDED by Robert McIntyre. APPROVED unanimously.
Next Regular Meeting
Thursday, February 17, 2005
Pasbeshauke Pavilion
155 College Street Extension
Respectfully submitted,
Christina M. Costa (acting clerk)
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