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Inland Wetlands & Watercourses Commission Minutes 07/19/2007

REGULAR MEETING
THURSDAY, July 19, 2007 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension, Saybrook Point

I.      CALL TO ORDER

Chairman, Paul Smith, called the regular meeting to order at 7:30 p.m. and stated that all members would be voting this evening.

II.     ROLL CALL
Attendant Members       
Paul Smith, Chairman, Regular Member    
Charles Sohl, Vice Chairman, Zoning Representative      
William Pollock, Secretary, Regular Member
Kimberly Gallagher, Conservation Representative
Robert McIntyre, Planning Representative
Chuck Wehrly, Alternate Member
Brendan McKeown, Alternate Member

Absent Members
Kevin Zawoy, Regular Member
Robert MacDonald, Economic Dev. Rep.

Attendant Staff
Christina Costa, IWWC Enforcement Officer
Andrea DeDominicis, Recording Clerk

III.    OLD BUSINESS
A.   Pending Violation:  Classic Carriage Auto Wash, 351 Boston Post Rd. Map 42/Lot 10-1                                      Direct filling of wetlands.
The IWWC discussed the violation and recommended that the violator contact Rich Snarski, the soil and wetland scientist who identified the wetland boundaries on their current map, to send a report to the IWWC Commission with recommendations for restoring the wetland area that was filled.
MOTION  per order of the IWWC  Enforcement Officer, to require the violator to contact Rich Snarski, soil and wetland scientist, to send  a report back to the IWWC Officer with the following information :  A.) will the removal of any or all of the material placed in the wetland area be constructive or cause more wetland damage.  B.) will the existing material placed in the wetland area support suitable vegetation or should it be replaced with suitable soils and plantings.  C.) violator must relocate the drying pit area away from the wetlands.  MADE by P. Smith.  SECONDED by C. Sohl.  No discussion on the motion.  IN FAVOR:  P. Smith, W. Pollock, C. Wehrly, R. McIntyre, C. Sohl, K. Gallagher, B. McKeown;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0  

 B.  Pending Violation:  Pointkowski (Vacant Land) Eastwood Drive, Map 52/ Lot 54                                                         Land clearing within 100’ regulated area.                                                                                     
Mark Pointkowski was present and stated that he was unaware that he needed a permit to  use a cutting/ mulching machine to mow the over growth of brush and cut small calipertrees on his property.  Mr. Pointkowski passed out photos to the Commission members which showed the property before and after the cutting.  Mr. Pointkowski said he may want to build on the property in the future and that is why he was cutting the over growth.                                       

Paul Smith stated that no mowing, cutting, or clearing of brush or trees should be done within the 100’ regulated area of a wetland. Prior to any future clearing of the property, a Site Plan consisting of an A-2 survey is required  which shows the contours, flagged wetland boundaries, wetland location and buffer area. This Site Plan must be presented to the Commission for their use in determining if it is acceptable to clear any portion of the site.           

MOTION that the violator was made aware that no further activity is to occur on the site unless an A-2 survey is submitted for review by the IWWC Commission.  MADE by P. Smith. SECONDED by C. Sohl.  No discussion on the motion.  IN FAVOR:  P. Smith, C. Sohl, K. Gallagher, R. McIntyre, C. Wehrly, B. McKeown, W. Pollock;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0

C.   Pending violation:  Charles Barnes,  26 Boston Post Rd., Map 43/Lot 25-1                                       Construction of filling, grading and structures within 100’ regulated area.

Robert Simone, engineer for the violator, contacted Chris Costa, IWWC Enforcement Officer and said he was working on the survey for Charles Barnes but it was not complete.

MOTION to continue the pending violation until the next regularly scheduled meeting to be held on Thursday, August 16, 2007 at 7:30 p.m. at the Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension; MADE by P. Smith.  SECONDED by R. McIntyre.  No discussion on the motion.  IN FAVOR:  P. Smith, C. Wehrly, C. Sohl,  K. Gallagher, B. McKoewn, R. McIntyre, W. Pollock  ABSTAINED:  none; APPROVED:  7-0-0                                                                                                                                                    
     D.   07-008     Norman & Jacqueline Root
Application to construct a 28’x24’ 2-car garage, loft storage area with full foundation
                                       289 Boston Post Rd.  (Map 44/ Lot 2), B-4 District
                               Accepted:  6/21/07, Decision by:  8/16/07
                                                                                                       
               Paul Smith mentioned that this application was accepted on June 21, 2007, based on the advice of the IWWC’s legal council even though the IWWC meeting of that date was cancelled.

Norman Root was present and summarized the application for the Commission.  Mr. Root stated that the wetlands were flagged during the Spring of 2006.  Mr. Root answered questions about the size of the garage and that the proposed second floor loft will only be used for storage and not an apartment.
MOTION to approve application # 07-008, Norman & Jacqueline Root, 289 Boston Post Rd. (Map 44/Lot 2) with the following stipulations:  1.)  construction of gravel drive should be no wider than the garage.  2.) silt fencing is to be placed approximately 20 feet from the garage in the direction of the wetland area.  3.)  any stock pile area must be at least 50’ away from the wetlands, and must be surrounded by silt fencing.  4.)  a 10’ wide buffer adjacent to the wetlands is to be created as an undisturbed area which is not to be mowed or otherwise disturbed.  MADE by R. McIntyre.  SECONDED by C. Sohl.  No discussion on the motion.  IN FAVOR:  P. Smith, W. Pollock, C. Sohl,, C. Wehrly, R. McIntyre;  OPPOSED:  K. Gallagher, B. McKeown:  ABSTAINED:  none;  APPROVED:  5-2-0

IV.     NEW BUSINESS
           A.   07-009     O & S Association dba Days Inn
           Application for interior building modifications to add 4 rental units, 1 food service area and 7 additional parking spaces. 
        1430 Boston Post Rd. (Map 26/ Lot 16), B-4 District                     
        Thomas Shock, engineer with McDonald Sharp Associates, was present and summarized the application for the Commission members and submitted photos of some of the areas of proposed parking.  
        Paul Smith would like the map for the next meeting to show the flagged wetland boundaries, location of silt fence surrounding the wetlands and all appropriate areas, existing elevations and contours. The submittal should also include supplemental photos showing the other proposed and alternative parking area locations and a graphic showing alternatives that were considered for locating the parking spaces.
MOTION to accept application # 07-009, O & S Association dba Days Inn, 1430 Boston Post Rd. (Map 26/ Lot 16).  The next regularly scheduled meeting for this application will be held on Thursday, August 16, 2007, at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension;  MADE by P. Smith.  SECONDED by R. McIntyre.  No discussion on the motion.  IN FAVOR:  P. Smith, C. Sohl, K. Gallagher, B. McKoewn, R. McIntyre, W. Pollock, C. Wehrly;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0                  
          B.   07-010   Mill Meadow Development, LLC.
Application to construct a 7,410 s.f. commercial building for a Table Tennis Club and associated parking area, septic system, utilities, sidewalks and landscaping.
Vacant Lot, SW corner of Mill Rock Rd. & Research Parkway (Map 39/ Lot 16-2)

David Royston, attorney for the applicant, mentioned to the Commission members that the wetland areas on the property have not moved but a  new wetland buffer area has been established due to new wetland buffer regulations.

Joe Wren, P.E for the applicant, summarized the application and provided  information regarding the originally flagged wetlands in 1988.  Paul Smith referred to a letter dated 5/23/07 from Rich Snarski,, soil and wetland scientist for the applicant, which mentioned his review of  the wetland area but did not mention if he had delineated the wetland area recently.  Paul Smith mentioned that Mr. Snarski’s letter does not state that the wetland boundary did not move so a new letter or Mr. Snarski’s presence would be required at the August 16 meeting.
Kevin Geenty, owner of the property, testified about the intended use of the building which would be leased to a tenant who wants to establish a Table Tennis club with tournaments, spectators and parking.
MOTION to accept application # 07-010, Mill Meadow Development, LLC., Vacant Lot, SW corner of Mill Rock Rd. & Research Parkway (Map 39/Lot 16-2).  The next regularly scheduled meeting for this application will be held on Thursday August 16, 2007, at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension; MADE by R. McIntyre.  SECONDED by C. Wehrly.  No discussion on the motion.  IN FAVOR:  P. Smith, C. Sohl, W. Pollock, B. McKoewn, R. McIntyre, K. Gallagher, C. Wehrly;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0                                                                                
MOTION to deem a significant activity for application #07-010, Mill Meadow Development, LLC, Vacant Lot,  SW corner of Mill Rock Rd. & Research Parkway (Map 39, Lot 16-2) requiring a public hearing and Ordinance 71 fees for Commission consultants in engineering, legal, and wetland soil scientist .  MADE by R. McIntyre.  SECONDED by W. Pollock.  No discussion on the motion.  IN FAVOR:  P. Smith, C. Sohl, R. McIntyre B. McKoewn, C. Wehrly, K. Gallagher, W. Pollock;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0
  C.   07-011   Zito Builders, Inc.
  Application to construct a single family home with 2-car garage and open sun deck.
   98 Boston Post Rd. (Map 44/ Lot 18)  B-3Distric
Ted Zito summarized the application and mentioned that a stock pile area and septic reserve area would be shown on the plans for the next meeting.  Mr. Zito said a silt fence would be located 65’ from the wetlands and a portion of the house would be in the wetland regulated buffer area.
MOTION to accept application # 07-011, Zito Builders, Inc. 98 Boston Post Rd. (Map 44/Lot 18).  The next regularly scheduled meeting for this application will be held on Thursday, August 16, 2007, at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension; MADE by R. McIntyre.  SECONDED by W. Pollock.  No discussion on the motion.  IN FAVOR:  P. Smith, C. Sohl, W. Pollock, C. Wehrly, B. McKeown, K. Gallagher, R. McIntyre; OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0
MOTION not to deem a significant activity, application #07-011, Zito Builders, Inc. 98 Boston Post Rd. (map 44/ Lot 18) MADE by R. McIntyre.  SECONDED by W. Pollock.  No discussion on the motion.  IN FAVOR:  P. Smith, R. McIntyre. C. Sohl, W. Pollock, C. Wehrly, B. McKoewn, K. Gallagher;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0  
          D .      07-012        Michael Spera, Subdivision
Application for land subdivision to create 1 new lot.                                                    105 Bokum Rd. (Map 61 /Lot 2)                                                      ACTIONS:  Accept complete application; determine activity significance, request technical fees if needed.
Christina Burnham, attorney for the applicant, summarized the application and stated that there is a house and driveway present, the application is to subdivide to make another lot for a future home.  Attorney Burnham said there is no new house proposal at this time.
MOTION to accept application # 07-012, Michael Spera, Subdivision, 105 Bokum Rd. (Map 61 /Lot 2).  The next regularly scheduled meeting for this application will be held on Thursday, August 16, 2007, at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension;  MADE by B. McKeown.  SECONDED by W. Pollock.  No discussion on the motion.  IN FAVOR:  P. Smith, B. McKoewn, K. Gallagher, C. Wehrly, C. Sohl, R. McIntyre, W. Pollock;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0
MOTION not to deem this application #0712, Michael Spera, Subdivision, 105 Bokum Rd. (Map 61 /Lot 2) a significant activity.  MADE by R. McIntyre.  SECONDED by K. Gallagher.  No discussion on the motion.  IN FAVOR:  P. Smith, W. Pollock, C. Wehrly, R. McIntyre, K. Gallagher, B. McKoewn, C. Sohl;  OPPOSED:  none;  ABSTAINED:  none; APPROVED:  7-0-0                                           
V.      REGULAR BUSINESS

A.      Staff Report
George Bessoni,,  90 Ingham Hill Rd., Lot 2, New building – Enforcement Officer discussed reduced building size and modification to parking/landscaping due to relocation of garage doors and designated storage area.  Robert McIntyre expressed concerns regarding the location of the fence.  Enforcement Officer will compare plans and handle minor changes administratively.

B.      Representative & Subcommittee Reports
         None

C.      Correspondence
Included in packets.

D.      Approval of Minutes
MOTION to accept  the May 17, 2007 meeting minutes as submitted.  MADE by  W. Pollock.  SECONDED:  by C. Wehrly.  No discussion on the motion.  IN FAVOR:  P. Smith, C. Wehrly, W. Pollock, C. Sohl, R. McIntyre, B. McKeown; OPPOSED:  none;  ABSTAINED:  K. Gallagher, APPROVED:  6-0-1

VI.      ADJOURNMENT

MOTION to adjourn the meeting at 10:30 p.m. MADE by B. McKeown.  SECONDED by. W. Pollock.  No discussion on the motion.  IN FAVOR:  P. Smith, C. Wehrly, W. Pollock, C. Sohl, R. McIntyre, K. Gallagher, B. McKeown; OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0

Next Regular Meeting
Thursday, August 16, 2007
Pasbeshauke Pavilion
155 College Street Extension

Respectfully Submitted,

Andrea DeDominicis, Recording  Clerk