I. CALL TO ORDER
Chairman Paul Smith called the regular meeting to order at 7:30 p.m. All five 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
Charles Wehrly, Alternate Member
Absent Members
Robert MacDonald, EDC Representative
Kim Gallagher, CC Representative
Brendan McKeown, Alternate Member
Attendant Staff
Kelly Volansky, IWWC Enforcement Officer
Andrea DeDominicis, 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: Continue Public Hearing.
Attorney Bennett thanked the Commission members for the continuance while he passed out a letter dated 12/12/07 by Richard Snarski, the soil and wetland scientist for the applicant. Mr. Snarski’s letter stated that he reviewed the contents of 4 test holes and the material that was placed on the upland side of the site and had no concerns.
Mrs. Pytlik, 291 Injun Hollow Rd., Haddam Ct., an owner of the property, answered questions from the Commission members. Mrs. Pytlik said the concrete drying shed and the oil water separator were on the property before she was the owner. Mrs. Pytlik stated that the shed has a roof which keeps the sandy debris from flying out. Mrs. Pytlik also stated that the oil water separator gets cleaned every few years. Mrs. Pytlik agreed to oversee the restoration project along with the IWWC Enforcement Officer.
MOTION to accept application # 07-015, Injun Three, LLC. (Classic Carriage Auto Wash) (Map 42/ Lot 10-1) with the following stipulations: 1.) The process will start in May 2008. 2.) The monitoring period will be for one (1) year from the date of placement of materials by the applicants soil scientist and IWWC Staff for remediation. MADE by R. McIntyre. SECONDED by W. Pollock. No discussion on the motion. IN FAVOR: P. Smith, C. Sohl, R. McIntyre, W. Pollock, C. Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0
IV. OLD BUSINESS
None.
V. NEW BUSINESS
A. 08-001 Betsy & David Sams, James & Jean Nichols
Application for a completed activity of erecting a gabion wall intended to stabilize an existing eroding embankment to prevent further erosion and loss of trees.
9 River Edge Rd., 11 River Edge Rd. (Map 64/ Lot 19 & 19-1) Residence AA-3 District
ACTION: Accept complete application; determine activity significance, request technical fees if needed.
Attorney Daniel Kleinman, land use attorney for Levy & Droney, addressed the Commission and
stated that he is representing the applicants. Attorney Kleinman gave a brief summary of the application and the current legal issues pending in court with the DEP regarding the location of the existing gabion wall. Despite the legal issues, the applicants are moving forward with an application to obtain a permit for the gabion wall which was built in 2004 within the 100’ regulated area of a wetland pond on the adjoining Nichols property.
Gary Sharpe, engineer for Angus MacDonald, oriented the Commission members to the project of the gabion wall and its protection of a steep embankment subject to erosion from the Ct. river. Mr. Sharpe stated that Richard Snarski, soil and wetland scientist, had identified the wetland boundary back in 2004.
Chris Lowry of Landscape Specialties built the existing wall. Mr. Lowry summarized the plan to make the gabion a “green” wall by vegetating the top and mid sections. Mr. Lowry said the plan is to keep the wire mesh fabric that keeps the gabion together and add planting pockets to make the existing wall aesthetically pleasing.
Attorney Cronin, legal counsel for the IWWC Commission, suggested that expert opinion may be needed in regard to the 100’ regulated areas, the river and the pond on the adjacent Nicholas property. Attorney Cronin mentioned that the DEP has stated that the wall should be removed which initiated a discussion between Mr. Lowry and the Commission regarding the “wall demolition” plan which was included as an alternative in the application packet. Attorney Cronin advised the Commission of their right to keep an open “option”, to deem this application a “significant activity” at a later meeting if the Commission found it necessary to do so.
Chairman Paul Smith stated that the Commission is dealing with a violation of the building of the gabion wall in 2004. An IWWC permit was not obtained at the time but should have been due to the fact that it was within the 100’ regulated zone. Mr. Smith mentioned that the applicant is now following through the proper channels to obtain an IWWC permit.
Paul Smith asked Gary Sharpe to create a site plan for the next meeting showing the continuation of contours southward of the Sam’s property towards the Nichol’s property and the location of the berm which separates the pond from the Ct. river. Mr. Sharpe stated that he would supply the Commission with more details.
MOTION to accept application # 08-001, Betsy & David Sams, James & Jean Nichols,
9 River Edge Rd., & 11 River Edge Rd. (Map 64/ Lot 19 & 19-1). The next regularly scheduled meeting for this application will be held on Thursday, February 21, 2008, at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College St. Ext.;
MADE by R. McIntyre. SECONDED by W. Pollock. No discussion on the motion. IN FAVOR: P. Smith, C. Sohl, R. McIntyre, W. Pollock, C. Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0
MOTION not to deem a significant activity, application # 08-001, Betsy & David Sams, James & Jean Nichols, 9 River Edge Rd., & 11 River Edge Rd. (Map 64/ Lot 19 & 19-1).
MADE by R. McIntyre. SECONDED by W. Pollock. A discussion on the motion occurred with Paul Smith’s concern regarding the construction of the gabion wall in 2004 in violation and without a permit. Mr. Smith agreed with Mr. McIntyre that the wall does not appear to have harmed anything within the 100’ regulated area and no negative impact to the wetlands had occurred. IN FAVOR: R. McIntyre, W. Pollock; OPPOSED: C. Wehrly, C. Sohl, P. Smith; ABSTAINED: none; DENIED: 2-3-0
MOTION to invoke Ordinance 71 fees for soil and wetland scientist, engineering and legal counsel for application # 08-001, Betsy & David Sams, James & Jean Nichols, 9 River Edge Rd., & 11 River Edge Rd. (Map 64/ Lot 19 & 19-1). MADE by R. McIntyre. SECONDED by C. Wehrly. No discussion on the motion. IN FAVOR: P. Smith, C. Sohl, R. McIntyre, W. Pollock, C. Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0
The commission has asked the IWWC staff to let our technical consultants know that this is a two
fold application and to include advice regarding the presence of the gabion wall and the impact of having it removed.
B. 08-002 George Bessoni
Application to enclose existing 2nd story deck to enlarge kitchen.
210 Ingham Hill Rd. (Map 56/ Lot 7-21) Residence AAA District
ACTION: Accept complete application; determine activity significance, request technical fees if needed.
Gary Sharpe, engineer for Angus MacDonald was present and representing the applicant George Bessoni. Mr. Sharpe summarized the application but stated that he did not do the plans but was available for the meeting.
The Commission members asked various questions and concluded that the application to enclose the existing deck was not consistent with the scope of the plans submitted. Mr. Sharpe had limited knowledge regarding the proposal but said he would get a more detailed plan for the next meeting.
MOTION to accept application # 08-002, George Bessoni, 210 Ingham Hill Rd. (Map 56/ Lot 7-21). The next regularly scheduled meeting for this application will be held on Thursday, February 21, 2008, at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College St. Ext.; MADE by R. McIntyre. SECONDED by C. Sohl. No discussion on the motion. IN FAVOR: P. Smith, C. Sohl, R. McIntyre, W. Pollock, C. Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0
VI. REGULAR BUSINESS
A. Staff Report
Kelly Volansky, IWWC Enforcement Officer gave a recent report regarding Charles Barnes and issues on his property.
B. Representative & Subcommittee Reports
C. Correspondence – In Commissioner’s packets
D. Approval of Minutes
MOTION to accept the December 21, 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, W. Pollock, C. Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0
VI. ADJOURNMENT
MOTION to adjourn the meeting at 10:00 p.m. MADE by P. Smith. SECONDED by C. Sohl. No discussion on the motion. IN FAVOR: P. Smith, R. McIntyre, C. Sohl, W. Pollock, C. Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0
Next Regularly Scheduled Meeting
Thursday, February 21, 2008
Pasbeshauke Pavilion
155 College Street Extension
Respectfully Submitted,
Andrea DeDominicis, Recording Clerk
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