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, September 15, 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 7:30 p.m.
II. ROLL CALL
Attendant Members Absent Members
Paul Smith, Vice Chairman Kevin Zawoy, Regular Member
Robert McIntyre, Planning Representative Brendon McKeown, Alternate Member
William Pollock, Alternate Member Kim Gallagher, Alternate Member
Judy Preston, Conservation Rep.
Charles Sohl, Zoning Representative
Frank Reichart, Economic Development Rep.
Attendant Staff
Christina Costa, Enforcement Officer
Andrea DeDominicis, Recording Clerk
III. PUBLIC HEARINGS
A. 05-013 Michael Evangelisti
Application to construct a 3 bedroom house, sanitary system and driveway.
68 Bokum Road (Map 57, Lot 20) 0.5 acres of wetlands.
Residence AAA District, Agent: Darcy Collins, P.E.
Accepted: 7/14/05, Open PH: 8/18/05, Close PH by: 9/22/05,
Decision by: 10/27/05
ACTION: Close Public Hearing
A newly revised plan dated 9/15/05 was reviewed by the Commission
members. Paul Smith indicated that the stock pile area was missing and
asked if it would be in the same location as it was in the 9/9/05 plans.
Darcy Collins, engineer for the applicant, stated that the stock pile area
would remain in the same location. Charles Sohl asked where the roof gutter discharge would be and Ms. Collins said the gutter discharge would be placed at the rear of the house. Paul Smith also requested that the amount of reduction in the area of disturbance be shown on the new plan and Ms. Collins stated that she would calculate the area. Darcy Collins also addressed which trees would be removed from the property.
Mr. Evangelisti distributed a letter from adjacent property owner, Rose
Bauer, who is in support of the project. After the letter was read, Paul Smith opened the hearing to the public for comments or concerns.
Brian Bagnati, of 72 Bokum Road, spoke about his concern with the water run off onto his property and the failing drainage pipe that is under the road. There were no other comments from audience members so the public hearing was closed.
MOTION: to close public hearing # 05-013, Michael Evangelisti, 68 Bokum Road (Map 57, Lot 20) MOVED: by Robert McIntyre. SECONDED: by Frank Reichart. IN FAVOR : P. Smith, J. Preston, C. Sohl, R. McIntyre, W. Pollock, F. Reichart OPPOSED: none ABSTAINING: none APPROVED: 6-0-0
MOTION: to continue application # 05-013, Michael Evangelisti, 68 Bokum Road (Map 57, Lot 20) until the next regularly scheduled meeting on Thursday October 13, 2005, at 7:30 p.m. at Pasbeshauke Pavilion, 155 College Street, Old Saybrook, Ct. MOVED: by Robert McIntyre. SECONDED: by Frank Reichart. IN FAVOR : P. Smith, J. Preston, C. Sohl, R. McIntyre, W. Pollock, F. Reichart OPPOSED: none ABSTAINING: none APPROVED: 6-0-0
B. 05-017 Christopher Lewis
Application to build a 2 bedroom house and sanitary system within
100 ft. of wetlands.
7& 9 Clark Avenue (Map 18, Lots No. 59 & 60) .005 acres of wetlands.
Residence A District, Agent: Attorney David Royston
Accepted: 8/18/05, Open PH: 9/15/05, close PH by: 10/20/05,
Decision by: 11/24/05
ACTION: Open Public Hearing
Charles Sohl recquesed himself from this matter.
Attorney David Royston briefly summarized the application by
explaining that Mr. Lewis is the contract purchaser of two
lots which were owned by two separate individuals. The application before the Commission is to build a home on the two lots if they can be merged together. Attorney Royston mentions that the Zoning Commission has denied a variance to merge the lots, but an appeal is anticipated.
Darcy Collins, engineer for the applicant, submitted revised plans which
show a reduced house size to keep the building further away from the
wetland area. A grass swale is proposed, that would divert water run off to the back of the house while the grass filters it into the wetland area instead of the street. Ms. Collins mentioned that she has been to the site after a heavy rain and there is “ponding” of water at the intersection of Gagnon and Clark Street, but the subject property has remained dry.
Bill Pollock was concerned with the water run off from Clark Avenue toward the Lebowitz property. Paul Smith said it appears that the site slopes but Darcy Collins states that the grass swale will keep the water from running toward the Lebowitz residence and into the wetland area.
Judy Preston asked Ms. Collins to explain what type of vegetation is on the property. Ms. Collins stated that the property is wooded, with red maples, shrubs and exotic invasive plants, mostly phragmities. Ms. Preston asked if there were any restrictions on the property since it was given to a land trust prior to being sold to Mr. Lewis. Attorney David Royston addressed this question by stating there are no restrictions recorded on the deed.
Paul Smith opened the public hearing to the audience members.
Mary Ellen Pizzolato, 2 Clark Avenue, passed out photos of the area to the Commission members. She said the existing vegetation absorbs the excessive water and if the vegetation is taken away and diverted into a grass swale then the water will not be filtered when it reaches the wetlands. Ms. Pizzolato is also concerned with the narrow roads and believed that the Chalker Beach area is a conservation area. Paul Smith stated there are no restrictions in the Chalker Beach area that restricts a house from being built.
Stanley Miller, 5 Clark Avenue, said he is against the proposal because of flooding. He passed out photos to the Commission members. His driveway floods as well as other homes. Mr. Miller submitted a letter to the Commission, from a neighbor at 5 Gagnon Avenue. Paul Smith read the letter from Harry Dafinias who mentions concerns with flooding in his front yard during heavy rains and septic water run off leaching into the neighboring properties.
Emily Miller, 5 Clark Avenue, spoke against the proposal. Mrs. Miller had the same concerns as her husband had previously stated.
Mark Manethol, 3 Clark Avenue, was concerned with the water run off that currently comes from Clark and Gagnon Avenues. Mr. Manethol said his property is lower than the proposed house and the proposal to put “fill” on the property to make it higher will affect him during heavy rains.
Attorney Royston spoke about the flooding issues in the low areas. Attorney Royston said there is evidence shown on the proposed map, that this development will not cause more flooding. Attorney Royston stated that unlike the other dwellings in the Chalker Beach area, this one is being raised with fill according to the regulations to alleviate more flooding.
Paul Smith closed the public hearing . Robert McIntyre stated that he was uncomfortable with all the water in the area. Mr. McIntyre would like to see more detailed drawings to show where the swale would be placed and how the water would run off. Mr. McIntyre questioned the “high point” on the property. Darcy Collins said she would create more detailed drawings for the Commission to review.
Paul Smith would like to see drawings of this property and current drainage patterns before development and drawings of the drainage patterns after the proposed development. Ms. Collins will bring them to the next meeting.
MOTION: to continue application # 05-017, Christopher Lewis, 7 & 9 Clark Avenue (Map 18, Lots No. 59 & 60) until the next regularly scheduled meeting on Thursday October 13, 2005, at 7:30 p.m. at Pasbeshauke Pavilion, 155 College Street, Old Saybrook, Ct. MOVED: by Robert McIntyre. SECONDED: by Judy Preston. IN FAVOR : P. Smith, J. Preston, R. McIntyre, W. Pollock, F. Reichart OPPOSED: none ABSTAINING: none APPROVED: 5-0-0
IV. OLD BUSINESS
A. 05-008 Blue Point, LLC.
Application to construct a single family 4 bedroom house with attached
2-car garage, driveway, utilities, subsurface sewage disposal system.
Bokum Road (Map 57, Lot 25-2) 2+ acres of wetlands.
Residence AAA District, Agent: Joe Wren, P.E.
Accepted: 6/16/05, Open PH: 7/21/05, Close PH by: 8/25/05,
Decision by 9/26/05
ACTION: Deliberate and Act.
Paul Smith mentioned that the applicant granted an extension at the last
meeting because there was not a quorum present. A quorum was present this evening so the Commission members would vote on the application. Paul Smith mentions to the Commission that the applicant
is donating a portion of the land to the Old Saybrook Land Acquisition Committee.
MOTION: to approve application # 05-008, Blue Point, LLC. (Map 57, Lots No. 25-2) with the following stipulation: Donation of land previously offered, to the Old Saybrook Land Acquisition Committee MOVED: by Robert McIntyre. SECONDED: William Pollock. IN FAVOR : P. Smith, J. Preston, R. McIntyre, W. Pollock, F. Reichart, C. Sohl OPPOSED: none ABSTAINING: none APPROVED: 6-0-0
B. 05-014 Red Fox, LLC.
Application to add gravel to specified parking area; plant perimeter
buffer with trees, and add fence around wetlands to prevent incursions.
810 Middlesex Turnpike (Map 63, Lot 8) 6,132 s.f. of wetlands.
B-3 District and Residence AA-1 District
Accepted: 7/21/05, Decision by: 9/23/05, Extended to: 10/28/05
ACTION: Review Application
Attorney Christina Burnham passed out revised plans to the Commission
members which showed parking spots at the rear of the site and a fence placed up against the outer edge of the wetland area with plantings in front of the fence. The Commission did not like the fence being placed up against the wetland perimeter. The Commission would like to see the wetland border planted with grasses and vegetation to filter water run off before it gets into the wetlands. The fence should be placed in front of the vegetation, further away from the wetland perimeter. Attorney Burnham tells the Commission that a portion of the area is a steep slope. The Commission suggested having that section of the fence sit on top of the slope to prevent cars from dropping into the embankment. Paul Smith suggests the Applicant speak with Richard Snarski, wetland soil
scientist, for suggestions on the best types of vegetation to plant in the wetland buffer area.
Chris Costa passed out photos to the Commission members from the initial violation. The photos showed an abandon flat bed trailer and additional debris in the wetland buffer area. Paul Smith stated that all the unwanted debris must be removed from the wetland review area.
MOTION: to approve application # 05-014, Red Fox, LLC. (Map 63, Lot 8) with the following stipulations: 1.) Wetland boundary fence modified 25’ feet to the west and 15’ feet to the north as shown on proposed plans dated 9/1/05. 2.) no snow stockpiled within the 50’ foot wetland boundary. 3.) Richard Snarski to contact IWWC staff to advise the town on what items currently are placed in the wetland buffer area which need to be removed. MOVED: by Robert McIntyre. SECONDED: Frank Reichart. IN FAVOR : P. Smith, J. Preston, R. McIntyre, W. Pollock, F. Reichart, C. Sohl OPPOSED: none ABSTAINING: none APPROVED: 6-0-0
Robert McIntyre left the meeting at 10:00 p.m.
C. 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
Accepted: 8/25/05, Decision by: 10/28/05
ACTION: Review Application
Mr. Phillips passed out revised plans and photos of his property. He
read a letter from Richard Snarski, wetland soil scientist, which said
the driveway work did not affect the wetlands and no new planting were
needed as the area would re vegetate itself. Rich Snarski’s letter also suggested the removal of the over burden soil and twin, metal pipes which are located where the old driveway was. This would allow the area to revegitate on its own.
Paul Smith spoke to the Commission members and felt there was adequate remediation regarding the violation in constructing the
driveway. Mr. Smith also mentioned that part of the application is to approve a proposed sidewalk and a deck above the existing concrete slab.
MOTION: to approve application # 05-018, Arnold & Alma Phillips (Map 46, Lot 10-28) with the following stipulation: Follow recommendations from letter by Richard Snarski, dated 9/13/05. MOVED: by Frank Reichart SECONDED: Charles Sohl IN FAVOR : P. Smith, J. Preston, W. Pollock, F. Reichart, C. Sohl OPPOSED: none ABSTAINING: none APPROVED: 5-0-0
D. 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.
Michelle Duchemin was present and available to answer questions from
the Commission members. Ms. Duchemin passed out a letter from Angus, McDonald, verifying that Richard Snarski, wetland soil scientist, flagged the wetland area on the original map dated 1986. Richard Snarski also did the planting guides in 2002, while the house was being built.
The original 1986 plans were drawn by Doane – Collins engineering. Darcy Collins was sitting in the audience and offered help to Ms. Duchemin. Paul Smith asked if Ms. Collins could make additional copies of the original plans for each Commission member to review.
Mr. Smith also asked Ms. Duchemin if she could ask Richard Snarski to submit a letter saying that he recently reviewed the site, and whether or not the wetland boundaries have changed since his 1986 flagging.
MOTION: to accept application # 05-015, Michelle Duchemin (Map 46, Lot 13-8). The next regularly scheduled meeting date for this application will be on Thursday October 13, 2005, at 7:30 p.m. at Pasbeshauke Pavilion, 155 College Street, Old Saybrook, Ct. MOVED: by Charles Sohl. SECONDED: Judy Preston IN FAVOR : P. Smith, J. Preston, R. McIntyre, W. Pollock, F. Reichart, C. Sohl OPPOSED: none ABSTAINING: none APPROVED: 5-0-0
V. NEW BUSINESS
A. Preliminary Discussion – “Sentinel Subdivision” Open Space Subdivision
Preliminary discussion for an Open Space Subdivision
Mill Rock Road West (Map 52, Lot 2)
Residence AA-1 District, Agent: Robert Doane, P.E.
ACTION: Review application and report to Planning Commission prior to 9/21/05.
Darcy Collins, engineer for the applicant, explained that Plan A shows the density of house lots which have been figured for the planning stage. Ms. Collins then explained that Plan B shows the open space areas, where the space is being planned among the house lots and the road lay out design.
Paul Smith said the plans looked similar to a proposal submitted for this development and presented to the Commission members a few years ago. Mr. Smith said the existing road layout plan posed many problems one of them being the steepness of the roads. Judy Preston questioned the building lots and their proximity to vernal pools, wetland areas, and steep slopes within the development. Paul Smith suggested to Ms. Collins that alternative road layout plans should be considered to lessen the slope of the roads.
Chris Costa told the Commission members that this discussion was to point out problems from a wetlands standpoint so planning could be aware of what needs to be addressed. Ms. Costa asked the Commission to make recommendations to the Planning Committee on how many lots could be approved in this development.
Paul Smith tells Darcy Collins that the IWWC Commission had real concerns with this proposal in the past with the existing roadway. Mr. Smith said if the road is moved then some lots could come away from the wetland areas, but then other lots become questionable. Ms. Collins said she was unaware of the proposal from a few years ago and would like to review the past minutes and revisit the application with the IWWC Commission members again. Mr. Smith encouraged Ms. Collins to come up with an alternate road plan, and keep away from the vernal pools by 75’ feet.
Paul Smith summarized his thoughts on the Inland Wetland and Watercourse Commission’s recommendations to the Planning Commission that the current roadway in Plan B is not acceptable, but is moving in the right direction with the open space plan. Mr. Smith said the IWWC members do not think 32 lots are developable as shown in Plan A and the removal of the sites closest to the wetlands would be recommended. The main access road which connects to Mill Rock Road is to steep and close to the wetlands and alternate road plans should be reviewed.
B. 05-020 Timothy and Margaret Russell
Application to construct a new dwelling, wells and sanitary system.
273 Schoolhouse Road (Map 50, Lot 11-1) 1.25 acres of wetlands.
Residence AA-1 District, Agent: Greg Fedus, P.E.
ACTION: Accept application if complete, and determine if significant activity and if Ordinance
71 fees are required.
Greg Fedus, engineer for the applicant, addressed the Commission members and
told them that David Lord marked out the wetland area. Mr. Fedus said the
property has a pond in front of the house, on Schoolhouse Road. Mr. Fedus said
the proposal is to subdivide the lot to allow construction of a second house, relocate the well and septic system of the existing house and abandon the current well. Mr. Fedus said the applicant would like to add a new primary area for the existing house as well as constructing the proposed house on a second lot.
Paul Smith stated that the plans need to show a 100’ foot boundary of regulated
area for the next October 13 meeting and the relocated well must be away from the
wetland boundary. Mr. Smith said the plans should also show a stockpile area for
material, the septic system design must be reviewed by the Town Sanitarian and limits of disturbance and clearing need to be shown on the plan. Mr. Smith said if the existing gravel driveway is in good shape then it can be used as an anti tracking pad. If
the stones are pushed to far into the soil, then new gravel would have to be placed on the driveway area. Mr. Smith also mentioned the overhead power lines may have to be moved and should be addressed on the plans as well.
Mr. Smith asked if the Commission members could walk the property. Mr. Russell was present and gave permission to for a site walk. Paul Smith said due to the amount of work proposed in the wetland buffer area, Ordinance 71 fees should be required.
MOTION: to accept application # 05-020, Timothy and Margaret Russell (Map 50, Lot 11-1). The next regularly scheduled meeting date for this application will be on Thursday October 13, 2005, at 7:30 p.m. at Pasbeshauke Pavilion, 155 College Street, Old Saybrook, Ct. MOVED: by Charles Sohl. SECONDED: Judy Preston IN FAVOR : P. Smith, J. Preston, W. Pollock, F. Reichart, C. Sohl OPPOSED: none ABSTAINING: none APPROVED: 5-0-0
MOTION: to deem application # 05-020, Timothy and Margaret Russell (Map 50, Lot 11-1) a Significant Activity and Ordinance 71 fees are required for the purpose of retaining a wetland consultant, engineering consultant and a legal consultant to the Board. A public hearing will be held at the next regularly scheduled meeting date on Thursday October 13, 2005, at 7:30 p.m. at Pasbeshauke Pavilion, 155 College Street, Old Saybrook, Ct. MOVED: by Charles Sohl. SECONDED: Judy Preston IN FAVOR : P. Smith, J. Preston, W. Pollock, F. Reichart, C. Sohl OPPOSED: none ABSTAINING: none APPROVED: 5-0-0
C. 05-021 Bessoni Builders
Application to construct a 17,360 s.f. contractors warehouse building with
associated parking.
90 Ingham Hill Road (Map 35, Lot 12)
Industrial - 1 District
The Commission members amended the agenda during the meeting, and
added Bessoni Builders application under the New Business heading.
MOTION: to accept application # 05-021, Bessoni Builders (Map , Lot ). The next regularly scheduled meeting date for this application will be on Thursday November 17, 2005, at 7:30 p.m. at Pasbeshauke Pavilion, 155 College Street, Old Saybrook, Ct. MOVED: by Paul Smith SECONDED: William Pollock IN FAVOR : P. Smith, J. Preston, W. Pollock, F. Reichart, C. Sohl OPPOSED: none ABSTAINING: none APPROVED: 5-0-0
MOTION: to deem application # 05-021, Bessoni Builders (Map , Lot ) a Significant Activity requiring Ordinance 71 fees for the purpose of wetlands consultant, engineering consultant and legal consultant. A public hearing will be held on Thursday November 17, 2005, at 7:30 p.m. at Pasbeshauke Pavilion, 155 College Street, Old Saybrook, Ct. MOVED: by Paul Smith SECONDED: William Pollock IN FAVOR : P. Smith, J. Preston, W. Pollock, F. Reichart, C. Sohl OPPOSED: none ABSTAINING: none APPROVED: 5-0-0
VI. REGULAR BUSINESS
A. Staff Report - None
B. Representative and Subcommittee Reports – None
C. Correspondence – Included in packets
D. Approval of Minutes
MOTION: to approve the meeting minutes of August 25, 2005 with no corrections. MOVED: P. Smith. SECONDED: by Frank Reichart. IN FAVOR : F. Reichart, P. Smith, C. Sohl, J. Preston, W. Pollock OPPOSED: none. ABSTAINING: none
APPROVED: 5-0-0
MOTION: to adjourn the meeting at 12:15 p.m until the next regularly scheduled meeting on Thursday, October 13, 2005 at 7:30 p.m. at the Pasbeshauke Pavilion, 155 College Street Extension, Old Saybrook, CT. MOVED: P. Smith. SECONDED: by Judy Preston IN FAVOR: F. Reichart, P. Smith, C. Sohl, J. Preston, W. Pollock OPPOSED: none. ABSTAINING: none APPROVED: 5-0-0
Next Regular Meeting
Thursday, October 13, 2005, 7:30 p.m.
Pasbeshauke Pavilion
155 College Street Extension
Respectfully Submitted,
Andrea DeDominicis, Clerk
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