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Inland Wetlands & Watercourses Commission Minutes 09/18/2008
9222008_123310_0.pngTOWN 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 18, 2008 at 7:30 p.m.
Pasbeshauke Pavilion
155 College Street Extension
Saybrook Point


I.      CALL TO ORDER

Chairman Paul Smith called the regular meeting to order at 7:30 p.m.  Three members and one alternate were seated to vote.

II.     ROLL CALL

        Attendant Members
        Paul Smith, Chairman
        Kim Gallagher, CC Representative
        William Pollock, Secretary
        Charles Wehrly, Alternate Member

        Absent Members
        Robert McIntyre, PC Representative
        Brendan McKeown, Regular Member
        Robert MacDonald, EDC Representative
        Charles Sohl, Vice Chairman

        Attendant Staff
        Chris Costa, Zoning Enforcement Officer
        Joanne Rynecki, Recording Clerk
        Attorney Eric Knapp

III.    OLD BUSINESS

        A.       08-008 Daniel Beaudoin
Application to demolish existing home and construct a new home within existing homes’ footprint.  Existing septic system will, potentially, be removed and replaced with a code conforming system approximately 20’ feet further away from the inland wetlands on site, if required.
                4 Bayview Avenue (Map14/Lot 137) Res. A
ACTION:  Review and act.

Mr. Daniel Beaudoin presented the board with his most recent site plan dated 8/19/08.  New home will utilize existing footprint and add an additional bedroom to bring the home to a 3 bedroom.  The new 1,000 gallon septic system shown on the plans has been approved as is by the Health Department.  The property is connected to the Town’s public water supply.  The board reviewed the trees to be removed and asked the applicant to try to keep the white birch, if possible.  The split rail fence will be removed.  The existing garage will be a porch and there will not be a garage.  The horseshoe driveway will be made of gravel.  

MOTION to approve application #08-008 4 Bayview Drive (Map 14/Lot 137) to demolish existing house and construct a new home within existing homes footprint.  MADE by Kimberly Gallagher; SECONDED by Charles Wehrly.  Discussion:  Motion amended to require supplemental silt fencing on stockpile area - specifically a second row of silt fence on down slope side of the stockpile.  
MOTION with amendment MADE by Kimberly Gallagher;  SECONDED by Charles Wehrly.  IN FAVOR: Paul Smith, Charles Wehrly, Kimberly Gallagher, William Pollock;  OPPOSED:  none;  ABSTAINED: none;  APPROVED:  4-0-0


B.      08-009          Harcourt Davis
Application to demolish existing residence to foundation.  Add 565 sf new foundation plus 47 sf  entry stoop and reconstruct deck and stairs.  Regrade slightly at entry on north side.
40 Meadowood Lane (Map 19/Lot 57)  Res. A
                ACTION:  Review and act.

Harcourt Davis and Denise Von Dassel, Architect are present at tonight’s meeting.  Board to refer to the most recent site plan dated/revised through 9/8/08.  Revised plans are to correct # 8 contour and location of stockpile of extra topsoil.  Tidal and inland wetlands are on the property.  No changes to be made to the septic at this time, however if septic is replaced in future and is in a regulated zone, they will need to come before the board again.  Public water connected to property.  

MOTION to approve application #08-009 40 Meadowood Lane (Map 19/Lot 57) to demolish existing house and construct a new home with additional 565 sf new foundation plus 47 sf entry stoop, reconstruct deck and stairs.  MADE by Kimberly Gallagher; SECONDED by William Pollock.  No Discussion on the motion.  IN FAVOR: Paul Smith, Charles Wehrly, Kimberly Gallagher, William Pollock;  OPPOSED:  none;  ABSTAINED: none;  APPROVED:  4-0-0

IV.     NEW BUSINESS
                                                        
A.      08-011          Tom Van Epps, Dirt, LLC
Applicant to construct berm along wetland as buffer to protect wetland from activity on site present and future.
47 Spencer Plains Road (Map 25/Lot 25) Res: B-4
ACTION:  Review application for completeness; determine activity significance, request technical fees if needed.

Present for tonight’s meeting are Attorney Ed Cassella, Chris Bell, Engineer from Higganum CT and  Jim Siperly, Soil Scientist.  Attorney Cassella handed the board a list of the names and addresses of all property abutters.  The property is a narrow 5 acre parcel of land which northern boarder is I-95 north exit ramp and to the south Amtrak Rail Road tracks.  The property is located in Old Saybrook and Westbrook.  Applicant has begun working with staff to have all existing and proposed uses at the site approved through all appropriate departments within the Town of Old Saybrook, including all necessary permits.  IWWC Enforcement officer, by letter dated 9/12/2008 informed applicant of items missing on a previously submitted site plan in order to prepare for tonight’s meeting.  The site plan given to the board tonight was revised as of 9/18/08.  Not all missing items were contained on the new plans.  
The majority of the wetland area is located in Westbrook, however, there is a pond on the Old Saybrook portion. Attorney Cassella indicated that according to a letter he has, the pond area is not considered a wetland, however they will be treating it as such.  

Mr. Bell, the engineer, discussed the berm area.  The current stock pile of top soil material will be removed and the applicant will bring material from offsite as he constructs the berm.  Mr. Bell indicated that the existing topsoil pile was scheduled to be removed off the site by today.

The newly constructed berm will be placed at the wetland boundary.  It will provide sedimentation and erosion control measures.  It will be bordered by a mound of woodchip mulch that will be 2 ft high and 4 ft wide.  

The current junk pile on the property will be removed to a recycle center.  The landfill on property, timber and mixed wood, will be covered over with topsoil.  The landfill was done some 30 years ago.  In the 70’s there was a DEP permit for a landfill on the property.  It was a bulky waste landfill per attorney for applicant.  Chris Bell said some of the land filling may have been more recent than the original bulky waste landfill DEP approval.  Existing activities and buildings on property are a 12x21 sq ft bldg and 12x14 chicken coop, cattle grazing and storage of cement galleys and manholes.  There are currently tenants on the site whose activity would be regulated by Zoning.
The intended work at the property is proposed to be the installation of a silt fence/wood chip mounds and soil berm, build a grass swale, use an area for a wood chip operation, finish removing wood chips upland from the wetland area and install a gravel driveway.  Drainage calculations have been submitted to Chris Costa.   

Paul Smith requested the board to focus on determining if the application was complete.  However, not all board members have reviewed the letter from Staff, or compared it to the new revised site plan to be sure all necessary information is contained on the new site plan.  Application fees were paid per Chris Costa. .
Westbrook has been notified of the application and will require a separate application to be filed in Westbrook.  

James Siperly, certified soil scientist was asked if Cold Spring Brook ran through the property.  He has determined that the stream on the property is man made.  The watercourse that runs under I-95 through to the pond is what is left of Cold Spring Brook, which really no longer exists on the property.  Through wetland flagging it was determined that the majority of the wetlands are located in Westbrook near the outlet mall.  Surface water flow from that property is in a sw direction.

Surface water from the applicant’s property will be handled by a manmade channel of grass and other natural material that would intercept the water flow, and the berm to be constructed would further keep water from leaving this property.
Ms Gallagher asked why this berm is being constructed?  Jim Siperly said that the Town of Westbrook contacted the property owner because of a concern with piles of material being deposited on Westbrook side of the property.  Things currently happening within the 100 ft wetlands regulated area are not agricultural.  Mr. Bell said that Westbrook asked that the property owner protect the wetlands in Westbrook from his activity in Old Saybrook. And to protect anything from entering the channel and alleviate the owner from having to clean out the channel from debris that currently collects in the channel.

Attorney Knapp, explained that there are other matters happening regarding this property with other departments in Old Saybrook; and, the board should focus on the issues of this application.  

If this Application is accepted, there are some issues that will need to be addressed by the Applicant at the next meeting:
1.      What other alternatives did the applicant consider rather than a berm?
2.      The maps are not clear as to what is there now and what is proposed.  The Board would like a plan of what is there now for our next meeting.  
3.      Improve the topography map and label contours.  
4.      Mr. Smith would like to know where the property line is located for this site.  Mr. Bell said the centerline of the channel is the west property line.  Mr. Bell will leave a map for the board that shows the property line, the map is on file with the town per Mr. Bell.
5.      Mr. Pollock asked if the channel has changed shape over the years.   Mr. Siperly said that on west side of the channel he found old no trespassing signs and old trees which show that the channel has not changed over the years.  

MOTION to accept application 08-011, 47 Spencer Plains Road (Map 25/Lot 25) to construct a berm, install a gravel driveway, maintain existing buildings, remove wood chip pile and allow truck access to wood chip pile and storage of misc. concrete structures. MADE by Paul Smith; SECONDED by William Pollock.  No Discussion on the motion.  IN FAVOR: Paul Smith, Charles Wehrly, William Pollock;  OPPOSED:  none;  ABSTAINED: Kimberly Gallagher;  APPROVED: 3-0-1
Attorney Cassella spoke to the board regarding the significance of the application. He feels specialists hired by both towns will pull his client in 2 directions.  Attorney Cassella also said this wetland is not within Old Saybrook territorial limit and therefore cannot regulate activity if the wetland is not in Old Saybrook.  He also reserved for the record that the pond was taken off the wetland map in a 1975 letter.  Even though they will still adhere to 100 ft boundary.  The berm is in a regulated area.  

Mr. Siperly said that currently the edge of watercourse is bare sand and gravel, very permeable. And the addition of soil and wood chips would improve the area and help and stabilize the area.  The design of a level spreader will limit any erosion in the area with heavy rains and even out the flow from the area.  The grass swales will also absorb the water.  

MOTION to deem application significant and require a public hearing on October 16, 2008 and collect Ordinance 71 fees.  MADE by Kim Gallagher; SECONDED by Charles Wehrly.  No Discussion on the motion.  IN FAVOR: Paul Smith, Charles Wehrly, Kimberly Gallagher, William Pollock; OPPOSED:  none; ABSTAINED: none; APPROVED: 4-0-0

IWWC board members will be allowed to visit the site between now and the time of the public hearing.

                B.      08-012  Sandpiper Inn
                        Application to erect a fence along 3 sides of parking lot perimeter.
                        1750 Boston Post Road (Map 25/Lot 4) Res. B-4
ACTION:  Review application for completeness; determine activity significance, request technical fees if needed.

Mr. Tushar Dadarwals was present to request approval to erect a fence along 3 sides of the parking lot at the Sandpiper Inn.  The fence will be placed just beyond the paved parking area to prevent overgrowth from the vegetation as well as to buffer a less desirable vegetative area beyond his property.  The board noted that the map presented did not contain wetland boundaries.  The board is familiar with the property and knows from previous applications that there are wetlands in and around the property.  Mr. Tushar acknowledged that there are wetlands on the property and that the full area where he wants to erect a fence is within the 100 foot wetland area.  However, it would be too costly to have the area flagged for the purpose of erecting the fence when he knows it is in a wetland.
Mr. Smith asked the board if each member felt Mr. Tushar’s testimony that the proposed work is within the 100 ft regulated wetland buffer area is sufficient, and that a map would not be required for this project, and each board member agreed.  Application fees are paid.

MOTION to accept application #08-012, 1750 Boston Post Road (Map 25/Lot 4) to erect a fence along 3 sides of the parking lot without flagging wetlands.  MADE by Charles Wehrly; SECONDED by William Pollock.  No Discussion on the motion.  IN FAVOR: Paul Smith, Charles Wehrly, Kimberly Gallagher, William Pollock;  OPPOSED:  none;  ABSTAINED: none;  APPROVED: 4-0-0

MOTION to amend agenda to add application for 295 Middlesex Turnpike (Map 52/Lot 63/64 Unit-1)  MADE by Paul Smith; SECONDED by Kimberly Gallagher  IN FAVOR: Paul Smith, Charles Wehrly, Kimberly Gallagher, William Pollock;  OPPOSED:  none;  ABSTAINED: none;  APPROVED: 4-0-0

        C.      08-013          Grossman Chevrolet-Nissan, Inc.
                Application to clear brush from detention basin and plant grass.
                295 Middlesex Turnpike (Map 52/Lot 63/64 Unit-1) Res. B-4
ACTION:  Review application for completeness; determine activity significance, request technical fees if needed

Linda Grossman of Grossman Chevrolet/Nissan presented an application to clear brush in the detention basin to improve visibility. The application states that grass will be planted once the brush is removed.  The detention basin lies between Grossman Nissan and the Kia dealership buildings. Ms. Grossman presented a survey map to the board and photos. The wetlands have been previously flagged.  In 2005, this applicant received a permit to clear the brush and overgrowth of this same area.   Mr. Smith explained why keeping vegetation was important to the treatment of  storm water quality.  It is needed to filter the water that runs through it.  Removing vegetation and planting grass which is then mowed is not the best option.  Mr. Smith asked Linda Grossman to have a soil scientist review the area to determine what vegetation could be removed and what could be planted in its place.  

MOTION to accept application for 295 Middlesex Turnpike (Map 52/Lot 63/64 Unit-1)  MADE by Charles Wehrly; SECONDED by Kimberly Gallagher.  No discussion on the motion.  IN FAVOR: Paul Smith, Charles Wehrly, Kimberly Gallagher, William Pollock;  OPPOSED:  none;  ABSTAINED: none;  APPROVED: 4-0-0


V.      REGULAR BUSINESS
                        
A.      Staff Report – Training material was passed out to board members for future seminars.  A Hearing for OSIWWC Regulations will be held November 20, 2008.  An Administrative permit was issued on Quarry Street.  Letters to request estimates for Dirt LLC matter to be sent to Rich Snarski, Eric Knapp and Geoff Jacobson. An Email containing the recorded minutes for this meeting will be sent to absent members.
B.      Representative & Subcommittee Reports - Kimberly Gallagher from Conservation    Committee spoke about the Gateway riparian buffer.
C.      Correspondence- Classic Car Wash, has requested return of Ordinance 71 fees.  Invitations to the        Founders Memorial Park Opening Ceremony and Architectural Review Board Design   Excellence Awards
D.      Approval of Minutes

MOTION to accept August 21, 2008 minutes as submitted.  MADE Charles Wehrly; SECONDED by Kimberly Gallagher. No discussion on the motion.  IN FAVOR: Paul Smith, Charles Wehrly, Kimberly Gallagher, William Pollock;  OPPOSED:  none;  ABSTAINED: none;  APPROVED: 4-0-0

VII.    ADJOURNMENT     

MOTION to adjourn the meeting at 10:35 p.m.  MADE by Kimberly Gallagher; SECONDED by Charles Wehrly. No discussion on the motion.  IN FAVOR: Paul Smith, Charles Wehrly, Kimberly Gallagher, William Pollock;  OPPOSED:  none;  ABSTAINED: none;  APPROVED: 4-0-0
                                                        
                               Next Regularly Scheduled Meeting
                                   Thursday, October 16, 2008
                                   Pasbeshauke Pavilion
                                   155 College Street Extension
        
Respectfully Submitted,


Joanne Rynecki, Recording Clerk