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
SPECIAL MEETING
THURSDAY, August 25, 2005 at 7:00 p.m.
TOWN HALL – 2ND Floor Conference Room
302 Main Street, Old Saybrook, CT.
I. CALL TO ORDER
Acting Chairman, Paul Smith, called the special meeting to order at 7:00 p.m.
Frank Jones, Chairman, resigned on August 18, 2005.
II. ROLL CALL
Attendant Members Absent Members
Paul Smith, Vice Chairman Judy Preston, Conservation Rep.
Robert McIntyre, Planning Representative Brendon McKeown, Alternate Member
Kevin Zawoy, Regular Member William Pollock, Alternate Member
Kim, Gallagher, Alternate Member
Frank Reichart, Economic Development Rep.
Charles Sohl, Zoning Representative arrived at 7:35 p.m.
Attendant Staff
Christina Costa, Enforcement Officer
Andrea DeDominicis, Recording Clerk
III. OLD BUSINESS
A. 05-010 Darren J. Courtright
Application to construct a 2-bedroom house, sanitary system and associated grading within 100 ft. of wetlands.
505 Main Street, (Map 23, Lot 79-1) 2.8 acres of wetlands.
Residence A District Agent: Darcy Collins, P.E.
Accepted: 6/16/05, Decision by: 8/20/05, Extended to: 8/25/05
ACTION: Deliberate and Act.
Paul Smith stated that the Commission did not act on this application at the August 18, 2005 meeting because there was not a quorum present. Mr. Smith summarized the application and the revised plans submitted at the August 18, 2005 meeting and noted that the present Commission members could vote because they were either at the past meetings, or spent time to review the tapes from the previous meetings. Frank Reichart, Robert McIntyre, and Paul Smith were satisfied with the plan saying the lot was small but developable. Kevin Zawoy was pleased with the new location of the house. Kim Gallagher asked where the snow would be placed since the driveway would be crushed stone. Darcy Collins said the snow would be placed near the stockpile area shown on the plans. Ms.Collins also mentioned that the plantings on the property were identified and Richard Snarski, wetland and soil scientist, will submit an annual report to be sure the vegetation thrives.
MOTION: to approve application 05-010, Darren J. Courtright, 505 Main Street, (Map 23, Lot 79-1). MOVED: by Robert McIntyre. SECONDED: by Frank Reichart. IN FAVOR : R. McIntyre, F. Reichart, K. Gallagher, P. Smith, K. Zawoy OPPOSED: none. ABSTAINING: none APPROVED: 5-0-0
B. 05-015 Michelle Duchemin
Application for a 30’ x 16’ deck within 100 ft. of wetlands.
8 Dibble Road, (Map 46, Lot 13-8) 63,143 s.f. of wetlands.
Residence AA-1 District
ACTION: Accept application if complete, determine if significant activity and if
Ordinance 71 fees required.
Paul Smith began the discussion with a brief summary from last weeks
August 18, 2005 meeting. The application before the Commission was
denied because of the lack of information. The applicant was not present to address the Commission members concerns. After reviewing the application again on August 25, 2005, the Commission has found the submitted plans, dated in 2002, to be confusing. The applicant was not present at this meeting as well, so Paul Smith asked the attendant staff to contact Ms.Duchemin to ask her who determined the location of the wetland boundaries and where the direction “north” is on the plans. Mr. Smith would like the applicant to invite the person who drafted the plans to the next scheduled meeting.
MOTION: to not accept application 05-015, Michelle Duchemin, 8 Dibble Road, (Map 46, Lot 13-8). MOVED: by Robert McIntyre. SECONDED: by Frank Reichart. IN FAVOR : R. McIntyre, F. Reichart, K. Gallagher, P. Smith, K. Zawoy, C. Sohl OPPOSED: none. ABSTAINING: none APPROVED: 6-0-0
IV. NEW BUSINESS
A. 05-018 Arnold & Alma Phillips
Violation of the IWWC Regulations and proposed application to
conduct a regulated activity.
10 Holly Drive, (Map 46, Lot 10-28)
Residence AA-1 District
ACTION: Discuss violation and determine if appropriate to accept application for
regulated activity, determine if activities conducted were significant and if Ordinance
71 fees are required.
Paul Smith began the conversation by asking Arnold Phillips if he was a contractor in the area. Mr. Phillips stated that he was an area contractor, he acquired the master file from the Town Hall, and saw the previously issued building permit dated 1981. The garage was never built so Mr. Phillips spoke to Chris Costa to see if he could use the previous owners permit to build the garage. Ms. Costa told Mr. Phillips if the garage was 100’ feet away from the wetland boundary then the original 1981 permit could be used. During that conversation, Mr. Phillips stated to Ms. Costa, that the garage was more than 100’ feet from the wetland boundary and he proceeded to build the garage.
The original 1981 permit was for a 24’ x 24’ garage. Paul Smith asked Mr. Phillips what year he applied to build a 24’ x 28’ garage that was already permitted? Mr. Phillips said he applied for a new permit in 2003 and at that time Mr. Phillips stated that there was a watercourse on the property but the garage location was more than 100’ feet away from the wetland boundary.
Mr. Phillips also mentioned that he altered his existing “horseshoe” shaped, tar driveway, because he wanted to make it a “one way” driveway. As a result, a neighbor called the Town Hall and was concerned that Mr. Phillips had altered the culvert and the watercourse area at the front of Mr. Phillips house. Chris Costa went out to investigate the neighbors claim about the driveway and culvert and saw the wetlands area. At that time Ms. Costa noticed the garage which was within the 100’ foot regulated wetland boundary.
Paul Smith felt that since Mr. Phillips was an area contractor, he should of known that the garage was within the regulated wetland area. Mr. Smith went on to mention that the Commission had the authority to fine and/or require Mr. Phillips to remove the garage. This meeting was to accept the application and future discussions would address what to do with the garage violation. Mr. Smith suggested to Mr. Phillips that he compile all the material he could find regarding his 2003 garage permit and bring the information to next months September 15, 2005 meeting. Mr. Phillips said he would ask Richard Snarski, wetland and soil scientist to determine the impact of the garage in the wetland area. Kim Gallagher asked Chris Costa if the abutting neighbors would be notified but Ms. Costa stated
that neighbors are notified only if the application requires a public hearing.
The garage violation will be addressed separately from the application submitted by Mr. Phillips to do additional work on his property. Chris Costa stated that Mr. Phillips did pay an application fee for the proposed work on his driveway and would like to add a deck, brick path, and top soil for plantings. Charlie Sohl felt it was important for Mr. Phillips to identify the type of plantings which are existing on the property and in the area of the tar paved driveway which crosses the wetland. Paul Smith would like to see plans addressing the typography, grading, location of septic and photos of the property for review at the September 15, 2005 meeting. Paul Smith advised Mr. Phillips to consult with Chris Costa tomorrow, to re-file the application and drawings, before Ms. Costa goes on vacation.
Paul Smith felt it was important to clarify to the Commission members that this application is for the driveway and landscaping. There was not a complaint about the garage, the complaint was about the landscaping work Mr. Phillips had done around the culvert and the driveway. The garage is not a matter of discussion, but the landscaping is a matter of discussion for this application. The Commission members felt that this application was not a significant activity and would not require Ordinance 71 fees.
MOTION: accept application 05-018, Arnold & Alma Phillips, 10 Holly Drive, (Map 46, Lot 10-8). MOVED: by Robert McIntyre. SECONDED: by Kevin Zawoy. IN FAVOR : R. McIntyre, F. Reichart, K. Gallagher, P. Smith, K. Zawoy, C. Sohl OPPOSED: none. ABSTAINING: none APPROVED: 6-0-0
V. ADJOURNMENT
MOTION: to adjourn the meeting at 8:10 p.m until the next regularly scheduled meeting on Thursday, September 15, 2005 at 7:30 p.m. at the Pasbeshauke Pavilion, 155 College Street Extension, Old Saybrook, CT. MOVED: P. Smith. SECONDED: by Kevin Zawoy IN FAVOR : R. McIntyre, F. Reichart, K. Gallagher, P. Smith, K. Zawoy, C. Sohl OPPOSED: none. ABSTAINING: none APPROVED: 6-0-0
Next Regular Meeting
Thursday, September 15, 2005, 7:30 p.m.
Pasbeshauke Pavilion
155 College Street Extension
Respectfully Submitted,
Andrea DeDominicis, Clerk
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