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Inland Wetlands & Watercourses Commission Minutes 11/15/2007
I.      CALL TO ORDER

Chairman, Paul Smith, called the regular meeting to order at 7:30 pm  All members were seated to vote.

II.     ROLL CALL

Attendant Members                                               
Paul Smith, Chairman    
Charles Sohl, Vice Chairman, ZC Representative  
Robert McIntyre, PC Representative
William Pollock, Secretary, Regular Member
Kim Gallagher, CC Representative
Charles Wehrly, Alternate Member
Robert MacDonald, EDC Representative

Absent Members
        Brendan McKeown, Alternate Member

Attendant Staff
Kelly Volansky, IWWC Enforcement Officer
Christina Costa, Zoning Enforcement Officer
Kathy Noyes, Recording Clerk                                                                    

III.    PUBLIC HEARING

A.      07-015          Injun Three, LLC. (Classic Carriage Auto Wash)                  
Application to remove fill material placed on wetlands, stabilize upland bank with soil & grass, approx. 5,650 cubic yards.     
351 Boston Post Rd. (Map 42/ Lot 10-1)    Residence B-4 District
Accepted:  10/18/07, Open PH:  11/15/07, Close PH:  12/20/07  
Decision by:  2/22/07                           
ACTION:  Open Public Hearing.

Attorney John Bennett summarized the plan and discussed a report dated 11/13/07 from
Richard Snarski, soil and wetland scientist.  Attorney Bennett read Mr. Snarski’s detailed report regarding the wetland restoration project for the record.
Chairman Paul Smith opened the hearing to the public but no audience members spoke.  At that time Mr. Smith closed the hearing to the public.  

Mrs. Pidlik, 291 Injun Hollow Rd., Haddam, Ct. owner of a property at the Classic Carriage Auto Wash advised the IWWC members how the fill material would be removed.

Casey Mrachek, soil scientist for the Commission, reviewed the site and agreed with Richard Snarski’s wetland restoration recommendations.  Mr. Mrachek said he would not be present at next month’s December 20 meeting but would send a written report regarding the additional information submitted by the Applicant this evening regarding this application.

Attorney Michael Cronin gave legal advice to the Commission members for their consideration regarding the violation.
        
MOTION to continue the Public Hearing for application # 07-015, Injun Three, LLC. (Classic Carriage Auto Wash), 351 Boston Post Rd. (Map 42/ Lot 10-1) until next month’s regularly scheduled meeting to be held on Thursday, December 20, 2007 at 7:30 p.m at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College St. Ext; MADE by K. Gallagher.  SECONDED by C. Wehrly.   IN FAVOR:  P. Smith, C. Sohl, K. Gallagher, R. McIntyre, W. Pollock, C. Wehrly, R. MacDonald;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0

IV.     OLD BUSINESS

A.      07-012          Michael Spera, Subdivision
Modification of an existing wetland permit #07-012 granted on 8/16/07.
105 Bokum Rd. (Map 61/ Lot 2)    Residence AAA District
Accepted:  10/18/07, Decision by 12/20/07
ACTION:  Review and Act.

Attorney Christina Burnham summarized the application and discussed the revisions on the site plan dated 11/5/07.

Cal Caldarella, developer for the applicant, spoke about the fuel tank that would be on the property and mentioned that it would not exceed 500 gallons and could be surrounded by concrete for containment purposes.  There could also be a curb around the outside of the equipment storage building to keep leakage away from the wetland area.

MOTION to approve application # 07-012, modification of permit #07-012, Michael Spera Subdivision, 105 Bokum Rd, (Map 61/ Lot 2) granted 8/16/07 for the construction and improvements shown on the set of three (3) drawings with revisions dated 11/5/07 with the following condition:  1.)  A second construction pad will be placed at the northeasterly portion of the driveway to the barn area, 50’ long x the width of the driveway, and would remain during the construction phase. No discussion on the motion.  MADE by P. Smith.  SECONDED by R. MacDonald.   IN FAVOR:  P. Smith, C. Sohl, K. Gallagher, R. McIntyre, W. Pollock, C. Wehrly, R. MacDonald;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0
                                                       

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

Charles Barnes was present and presented a survey plan drawn by licensed land surveyor Robert Simoni, dated 9/6/07.  Mr. Barnes answered questions about the fill placed on his property and the buildings on his property, what they were constructed of, the type of flooring, where they were located, and what uses they had.

     Paul Smith summarized a report submitted by Don Fortunato, Soil and Environmental Services,
stating that the road ditch and the adjacent side slope has a diminished value and was manmade during the construction on Interstate 95.  Mr. Smith asked Mr. Barnes to refrain from disturbing the soil immediately adjacent to the existing  wetlands so when it rains the top soil and nutrients don’t flow into the wetland area.  

MOTION to close the violation on Charles Barnes, 26 Boston Post Rd. Map 43/ Lot 25-1 with the following conditions:  1.)  The violation has been noted and the current conditions will be allowed to exist without further disturbance to the fill area, and without parking of vehicles within the vicinity of the wetlands.  Mr. Barnes was advised that no other structures of any type, temporary or permanent, within the 100’ review area as noted on his survey plan can take place unless an application is submitted to the IWWC for review.  MADE by P. Smith.  SECONDED by R. MacDonald.   IN FAVOR:  P. Smith, C. Sohl, K. Gallagher, R. McIntyre, W. Pollock, C. Wehrly, R. MacDonald;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0
       

V.    NEW BUSINESS

        A.      07-016          Stuart Fairbank
       Application to expand existing shed to cover 14’ x 16’ concrete slab.  Shed to house wookworking
        equipment.
       181 Ingham Hill Rd. (Map 51/ Lot 8-70)
       ACTION:  Accept complete application; determine activity significance, request technical fees if
        needed.

       Stuart Fairbanks was present and summarized his application for the Commission members.  He
        described the geography on the property, his intention to enlarge the shed and add a new pitched
roof to it above the existing concrete slab.

        Paul Smith mentioned that he would prefer to see the concrete slab remain in place rather than
         risk disturbing the area by removing it.  
 





        
MOTION to accept application # 07-016, Stuart Fairbank, 181 Ingham Hill Rd., (Map 51/ Lot 8-70).  The next regularly scheduled meeting for this application will be held on Thursday, December 20, 2007, at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College St. Ext.;  MADE by K. Gallagher.  SECONDED by W. Pollock.   IN FAVOR:  P. Smith, C. Sohl, K. Gallagher, R. McIntyre, W. Pollock, C. Wehrly, R. MacDonald;  OPPOSED:  none;  ABSTAINED:  none;  
APPROVED:  7-0-0        

MOTION not to find this application a significant activity, and not to require Ordinance 71 Fees, # 07-016, Stuart Fairbank, 181 Ingham Hill Rd., (Map 51/ Lot 8-70).  The next regularly scheduled meeting for this application will be held on Thursday, December 20, 2007, at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College St. Ext.;  MADE by K. Gallagher.  SECONDED by R. MacDonald.   IN FAVOR:  P. Smith, C. Sohl, K. Gallagher, R. McIntyre, W. Pollock, C. Wehrly, R. MacDonald;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0

        B.     07-017          Duncan Downie
        Application to develop the site for office and warehouse use.  A small portion of the wetlands
        (0.076) will be filled to accommodate required parking.
         6 Center Road West (Map 26/ Lot 6-9)
         ACTION:  Accept complete application; determine activity significance, request technical fees if
         needed.

        Attorney David Royston, representing the applicant, stated that there was an error on the agenda and
         gave the correct number, 0.076 acres of wetlands is proposed to be filled and not 0.76 acres.  
Attorney Royston also discussed the past expired permits that had been issued a few years back regarding this property.  Attorney Royston stated that he would confirm with staff whether the IWWC had permission to walk the site

         Attorney Mike Cronin discussed the issues of the original subdivision that was approved and gave
         advice regarding these past issues.

MOTION to accept application # 07-017, Duncan Downie, 6 Center Road West, (Map 26/ Lot 6-9) with latest revision dated 12/20/04.  The next regularly scheduled meeting for this application will be held on Thursday, December 20, 2007, at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College St. Ext.; MADE by R. MacDonald.  SECONDED by W. Pollock.   IN FAVOR:  P. Smith, C. Sohl, K. Gallagher, R. McIntyre, W. Pollock, C. Wehrly, R. MacDonald;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0

MOTION not to find this application a significant activity # 07-017, Duncan Downie, 6 Center Road West, (Map 26/ Lot 6-9).  MADE by R. MacDonald.  SECONDED by W. Pollock.   IN FAVOR:  P. Smith, C. Sohl, R. McIntyre, W. Pollock, R. MacDonald; OPPOSED:  C. Wehrly, K. Gallagher; ABSTAINED:  none;  APPROVED:  5-2-0




         C.    05-010          Darren Courtright
          Request for extension to a previous permit application, 05-010, which expired on 8/25/07.
          Determine if extension is legal under Section 7-9 (e) or should a new application be submitted.
          505 Main Street, (Map 23/ Lot 79-1)

Attorney William Childress was representing Darren Courtright and discussed the past permit, delay of building and the need to extend the permit to 12/31/08..
        
            The IWWC Commission decided to allow the permit extension.

MOTION to grant extension of permit until 8/25/09, # 05-010, Darren Courtwright, 505 Main Street (Map 23/ Lot 79-1) MADE by R. MacDonald.  SECONDED by R. MacDonald.   IN FAVOR:  P. Smith,  R. McIntyre, C. Sohl, W. Pollock, C. Wehrly, R. MacDonald;  OPPOSED:  K. Gallagher;  ABSTAINED:  none;  APPROVED:  6-1-0

VI.   REGULAR  BUSINESS

        A.     Staff Report
        B.     Representative & Subcommittee Reports - None    
        C.     Correspondence – In Commissioner’s packets
        D.      Approval of Minutes

MOTION to accept the October 18, 2007 minutes as submitted.  MADE by P. Smith.  SECONDED by C. Sohl.  No discussion on the motion.  IN FAVOR:  P. Smith, R. McIntyre, C. Sohl, K. Gallagher, R. MacDonald, W. Pollock, C. Wehrly;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0                                                         


VI.       ADJOURNMENT

MOTION to adjourn the meeting at 11:45 p.m.  MADE by P. Smith.  SECONDED by R. MacDonald.  No discussion on the motion.  IN FAVOR:  P. Smith, R. McIntyre, C. Sohl, W. Pollock, K. Gallagher, R. MacDonald, C. Wehrly;  OPPOSED:  none;  ABSTAINED:  none;  APPROVED:  7-0-0    

                                   Next Regularly Scheduled Meeting
                                   Thursday, December 20, 2007
                                   Pasbeshauke Pavilion
                                   155 College Street Extension        
Respectfully Submitted,


Kathy Noyes, Recording Clerk