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IWWC 042105.Minutes
TOWN OF OLD SAYBROOK
Inland Wetlands & Watercourses Commission

302 Main Street  Old Saybrook, Connecticut 06475-1741
Telephone (860) 395-3131  FAX (860) 395-1216

        MINUTES
        REGULAR MEETING
        THURSDAY, April 21, 2005 at 7:30 p.m.
        Pasbeshauke Pavilion at Saybrook Point Park
        155 College Street Extension
        Saybrook Point

I.      CALL TO ORDER

Acting Chairman, Paul Smith, called the regular meeting to order at 7:40 p.m.

II.     ROLL CALL

Attendant Members       Absent Members
Paul Smith, Vice Chairman       Frank Jones, Chairman
Kevin Zawoy, Regular Member     William Pollock, Alternate Member
Kimberly Gallagher, Alternate Member    Brendan McKeown, Alternate Member
Judy Preston, Conservation Representative       Charles Sohl, Zoning Representative
Frank Reichart, Economic Dev. Representative    Robert McIntyre, Planning Representative

Attendant Staff
Andrea DeDominicis, Recording Clerk

III.    PUBLIC HEARINGS

A.      05-004  Edward Braza, Jr. (0.36 ac. of inland wetlands)
Application to construct single-family 2-bedroom house w/ attached garage
Corner of Boston Post Rd. and Quarry St.  (Map 29 / Lot 29)
Residence A District
ACTION: Accepted 2/17/05; Opened PH 3/17/05; Close PH by 4/21/05; Act by 6/27/05.

The public hearing began with Mr. Robert Doane, engineer and licensed landscape designer acting on behalf of the applicant, Edward Braza, Jr. Mr. Doane summarized the revised house and sanitary system plans for the Commission and audience.  The new plans show the house and garage being reduced in size.  Mr. Doane stated the garage is necessary for storage and utilities, since the property is within the Coastal Flood area there will not be a full basement.  

Paul Smith requests Kim Gallagher to read the April 19, 2005 letter sent to the Commission by Penelope Sharpe, Environmental engineer.  Ms. Sharpe states in her letter that the proposed site is very small and feels the Commission should have the applicant include a 15’ foot buffer of plants and/or course grasses in the plans to shelter the wetland area from the house and yard.  Kevin Zawoy agrees that a fence along with the plantings would further protect the wetland area and keep the owners from storing lawn tools etc. in the wetland section.  Frank Reichart is concerned that a fence may actually encourage dumping and debris by neighbors into the wetland area because it will be separated from the private residence.

Ms. Sharp mentions many species of plants, birds, and frogs living in that wetland area, suggesting a Conservation Easement would also protect that area.  For the record, Paul Smith mentions that Ms. Sharpe’s letter addressed the February 8, 2005 plans and not the current revised plans dated March 15, 2005.

Kim Gallagher asked where the vernal pool was located on the property since it was not shown on the plans.  Mr. Doane supplied old aerial photos of the site, which shows the approximate location of the vernal pool around the center of the property.  Kevin Zawoy asked Mr. Doane to add the vernal pool location to his plans.

Paul Smith discussed the grading and sloped area on the property.  Mr. Smith would like to see the sloped area vegetated with native wetland grasses and shrubs.  Mr. Smith advised Mr. Doane to consult with Richard Snarski or the Conservation District to be sure they are aware of the grading he is proposing.  An anti-tracking pad will also be needed on the site, to eliminate road debris from scattering into the wetland area.  Mr. Doane said the anti-tracking pad would be placed in the driveway area.  Mr. Doane also mentioned the driveway will be paved asphalt.

Paul Smith opened the public hearing at 8:23 p.m. and asked all speakers to identify their name and address.  Mr. Ross Parker, 124 Old Boston Post Rd., spoke about the challenge to build a house on such a small lot.  He also felt that building a house on this lot would be in direct violation of the Inland Wetland regulations which are suppose to protect the wetland areas.  He states the whole site is a wetland.

Mr. Jim Lubs, 18 Quarry St. states that most neighbors on Quarry St. do not have garages, so if this plan goes through maybe all the residents on Quarry St. can get permits to build garages.  Mr. Lubs showed the Commission photos of a ditch filled with water.  He thinks it was dug by the town to eliminate water from pooling in the road.  He mentions that many Quarry St. residents have water problems in their basements and questions what impact this new building would have on the area.  He could not see how this application to build can be approved.

Sandra Hirth, 124 Old Boston Post Rd., states that the neighboring properties east of her flood when it rains.  Mosquitoes are a problem as a result of the flooding.  She doesn’t understand how anything can be built on a wetland.  It is in her opinion that Penelope Sharpe’s letter suggests not to build on the site.  Paul Smith states that the applicant’s proposed building will not be in the wetland area but within the 100’ foot wetland boundary.

Earl Endrich, one of the owners of the Quarry St. site (Map 29 / Lot 29) mentions the ditch near the property was not filled with water prior to someone digging it out.  He said the water is coming from the septic system of a single-family house that has apartments in it.  In addition he has found leaves and debris dumped into the ditch from neighbors on the street.  Paul Smith suggested to Mr. Endrich that if he felt the water was being diverted from one property to his property then he had the right to seek legal counsel.

Mrs. Walsh, 129 Old Boston Post Road, stated that she lives in the adjoining lot.  She was putting the leaves in the ditch because she thought it was good for the earth, and states she will not do it anymore.

Mr. Thomas Walsh, 129 Old Boston Post Road, states it was only leaves they put in the ditch, no other debris.

Paul Smith closes public hearing at 8:40 p.m. but retracts the closure so Robert Doane can make a statement.  Mr. Doane agrees it is a “challenging” lot but there is enough high ground (12, 807’ sq. ft.) to fit a sanitary system and a house which will not be in the wetland.  He states that water in the area basements is due to seasonal high ground water, which is now starting to go down.  His plans propose a basement “crawl space” and not a full basement to address this concern also.  He says the building site will maintain the proper drainage pattern so there won’t be any impact on the neighboring properties.  He mentions that it is a legal lot and is attempting to develop an environmentally sensitive plan.

Paul Smith asks if there are any other questions at this time?  Mr. Smith closes the public hearing at 8:50 p.m.

Judy Preston would like the Commission members to keep in mind, the site is a very wet, has interconnected wetland waters which flow out to the Oyster River and the building is being “squeezed” into the spot.

Paul Smith suggests keeping the application open.  He would like to give Mr. Doane 1) time to show the vernal pool location on the plan; 2) meet with Richard Snarski or the Conservation District for suggestions and types of plants suitable for buffering the house and yard from the wetland area; and 3) allow Commission members to visit the property.  Mr. Doane said he would go on site and stake the current building proposed on the plan.

MOTION to continue public hearing until next scheduled meeting on Thursday May 19, 2005, at 7:30 p.m. at Pasbeshauke Pavilion, 155 College Street, Old Saybrook, CT.  MOVED by Paul Smith.  SECONDED by Kim Gallagher.  IN FAVOR  K. Zawoy, F. Reichart, P. Smith, J. Preston, K. Gallagher; OPPOSED none; ABSTAINING none; APPROVED 5-0-0.


IV.     OLD BUSINESS
                                                        
A.      05-005  David Smith (0.137 acres of inland wetlands)
                Application to construct a house addition and land clearing
                514 Main Street (Map 23 / Lot 6-1)
                Residence A District
                ACTION:  Review and act.

Applicant’s attorney William Childress passed out a revised plan dated 4/21/05, to the Commission members.  David Smith, owner of the property, addressed the Commission with details of the plan.  Mr. Smith has decided to use the existing septic tank and make no additions to it.  Mr. Smith showed the Commission members photos of his property filled with invasive plants that he would like to remove and marked the diseased trees with pink ribbon.  Paul Smith noted that one tree marked with pink ribbon is not on Mr. Smith’s property and suggests that Mr. Smith remove the ribbon so it isn’t removed in error.

Mr. Gene Gossage, the applicant’s landscape designer speaks to the Commission.  He mentions that he is not an architect and has no formal education in the landscape field.  He has been practicing landscape design for 15 years, 10 years self-employed.  Paul Smith addresses Attorney Childress regarding the number of trees being removed.  Attorney Childress states there will be trees removed east and west of the existing structure, 8 - 9 trees in the wetland area, 10 – 12 trees in the upland regulated area.  Mr. Gossage said expert tree cutters will do the removal and the stumps would be ground down to 4-6” inches below ground level.  Paul Smith advises caution when removing the trees, carpet, and shed in the wetland area.  Attorney Childress states the proposed plan will also include a crushed stone driveway at the front of house and care will be taken not to allow any debris into the wetland area.

MOTION to approve Application 05-005 David Smith, 514 Main Street (Map 23 / Lot 6-1), to allow construction of a house addition and land clearing.  MOVED by Kim Gallagher.  SECONDED by Paul Smith.  IN FAVOR:  K. Zawoy, F. Reichart, P. Smith, J. Preston, K. Gallagher; OPPOSED: none ABSTAINING: none; APPROVED: 5-0-0.


V.      NEW BUSINESS

A.      05-006  Robert L. Day Company, Inc. (161,611 s.f. of inland wetlands)
Application to construct a 5,055 s.f. residence/garage w/in 100’
57 Ragged Rock Road (Map 53/ Lot 33-1)
ACTION: Accept application; Determine if significant activity and if Ordinance71 fees are required.

Robert Day was present and represented himself.  He tells the Commission Richard Snarski has flagged the wetland area and it is shown on the plans. The building is within the 100’ foot regulated area.  A drilled well is shown hugging the property line.  The driveway will be paved but it was not shown on the plans.  Paul Smith asks the applicant to show the width, elevation and materials the driveway will be made of.  An anti-tracking pad must be shown on the plan as well.  

Mr. Smith also noted that Rich Snarski flagged the area seven years ago.  If the area has recently been checked and no changes occurred at the site, then Rich Snarski’s signature will be sufficient next to the current date of the plan.

Paul Smith asks Mr. Day if he would be opposed to a Conservation Easement to protect the wetlands north of flag #2 to flag #18.  Mr. Day commented that he would mind because nothing could be done with that area anyways.  Mr. Smith said the Commission may require a Conservation Easement placed on the designated area.  Judy Preston asked permission to walk the site and Mr. Day said that he would be happy to accompany the Commission on a site walk.

Kim Gallagher questioned the high man made “berm” on the property.  Mr. Day said that berm would have vegetation and shrubs planted on its slope.

MOTION to accept Application 05-006 Robert L. Day Company, Inc., 57 Ragged Rock Road (Map 53 / Lot 33-1); MOVED by Judy Preston; SECONDED by Frank Reichart; IN FAVOR:  K. Zawoy, F. Reichart, K. Gallagher, P. Smith, J. Preston; OPPOSED: none; ABSTAINING: none;  APPROVED: 5-0-0.

        
VI.     REGULAR BUSINESS

A.      Staff Report

None.

B.      Representative Reports

None.

C.      Correspondence

Included in Commissioner packets.

D.      Approval of Minutes

The Commission approved the meeting minutes of March 17, 2005 with the following corrections: 1) Robert McIntyre was absent; 2) add the words “or the” after Richard Snarski’s name on page 2, third paragraph to read “Richard Snarski or the Conservation District”; same correction should be made to the motion box on page 2; 3) Remove Robert Doane’s name from page 3, paragraph 1. because Mr. Doane was not Mark Dixon’s engineer; 4) change first sentence in the second motion on page 3 to read: “Motion to establish a Conservation Easement on area south of the utility easement.”

VII.    ADJOURNMENT

MOTION to adjourn the meeting at 9:50 p.m. until next regularly scheduled meeting on Thursday, May 19, 2005 at 7:30 p.m. at Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension; MOVED by Kim Gallagher; SECONDED by Judy Preston; IN FAVOR: K. Zawoy, F. Reichart, P. Smith, J. Preston, K. Gallagher.  OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0


Respectfully Submitted,



Andrea DeDominicis, Recording Clerk