MINUTES
Old Saybrook Inland Wetland and Watercourses Commission
REGULAR MEETING
THURSDAY, October 16, 2008 at 7:30 p.m.
Pasbeshauke Pavilion
155 College Street Extension
Saybrook Point
I. CALL TO ORDER
Vice Chairman Charles Sohl called the regular meeting to order at 7:30 p.m. Five members were seated to vote.
II. ROLL CALL
Attendant Members
Charles Sohl, Vice Chairman
William Pollock, Secretary
Kimberly Gallagher
Robert McIntyre
Chuck Wehrly, Alternate
Absent Members
Robert MacDonald
Brendan McKeown
Paul Smith, Chairman
Attendant Staff
Joanne Rynecki, Recording Clerk
Kelly Volansky, IWWC Enforcement Officer
III. PUBLIC HEARING
A. 08-011 Tom Van Epps, Dirt, LLC
Application to construct a berm parallel to wetland. Wetland located in Westbrook.
47 Spencer Plains Road (Map 25/Lot 25); Gateway Business B-4 District
Accepted: 9/18/2008
ACTION: Open Public Hearing; Review and Act
Public Hearing was not opened. Applicant failed to post a Public Notice sign on the property 7 days prior to the meeting. Application was withdrawn by applicant’s attorney, Mr. Ed Cassella.
IV. OLD BUSINESS
A. 08-012 Sandpiper Inn
Application to erect a fence along 3 sides of parking lot perimeter.
1750 Boston Post Road (Map 25/Lot 4); Gateway Business B-4 District
Accepted: 9/18/2008
ACTION: Review and Act
Tushar Dardawala, owner and general manager at the inn, was present to answer questions from the board. He did not have any additional information to present at tonight’s meeting. Vice Chairman, Sohl visited the property and reported that everything was pretty straight forward. Mr. Dardawala explained that the neighbors at Summerwood Condos want the fence. The main purpose of the fence for the inn is to keep the vegetation from overgrowing into the parking lot. He is proposing to clear a few feet on both sides of the fence line to install the fence. Charles Sohl inquired about leaving a space open along the fence line for animals but the board agreed it would be used as a short cut by the public to access adjacent properties. Mr. Wehrly requested the
applicant ensure care is used around the wetland areas during construction by limiting machinery and construction debris to the paved areas. Ms. Gallagher requested that vegetation be allowed to recolonize along the outside perimeter of the fence after installation.
MOTION to approve application #08-012 Sandpiper Inn. To erect a fence along 3 sides of parking lot perimeter. MADE by R. McIntyre; SECONDED by K. Gallagher No discussion on the motion. IN FAVOR: , Charles Sohl, William Pollock, Kimberly Gallagher, Robert McIntyre, Chuck Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0
B. 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) Business B-4 District
Accepted: 9/18/208
ACTION: Review and Act
Applicant was not present at meeting. Additional information requested by IWWC at last month’s meeting was not received. Application is held over until next meeting.
MOTION to continue application #08-013 Grossman Chevrolet-Nissan, Inc. To clear brush from detention basin and plant grass. MADE by R. McIntyre; SECONDED by K. Gallagher No discussion on the motion. IN FAVOR: , Charles Sohl, William Pollock, Kimberly Gallagher, Robert McIntyre, Chuck Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0
V. NEW BUSINESS
A. Town of Westbrook IWWC Application: Van Epps Construction
47 Spencer Plains Road (Map 25/Lot 25); (Westbrook Map 29/Lot E21)
ACTION: Review and respond to Town of Westbrook referral
Referral from the town of Westbrook for Van Epps Construction (see Section III, Public Hearing) is based on the original site plan submitted at last month’s meeting; the application was withdrawn at tonight’s meeting. The commission cannot respond to Westbrook’s request for a referral until the board has had a chance to discuss the newly presented application.
MOTION to modify the agenda of October 16, 2008 to add application #08-014 Van Epps Construction as New Business, Section V, Item A and move Town of Westbrook request for referral, Section V, Item A to Section V, Item B. MADE by R. McIntyre. SECONDED by Charles Wehrly No discussion on the motion. IN FAVOR: , Charles Sohl, William Pollock, Kimberly Gallagher, Robert McIntyre, Chuck Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0
V. NEW BUSINESS (AS AMENDED)
A. 08-014 Tom Van Epps, Dirt, LLC
Application to construct a berm to protect wetland from storage pile present and future. Install gravel driveway in vehicle travel areas to prevent erosion. Maintain existing location of existing 1,221 s.f. building, 10’x14’ chicken coop. Remove 100cy wood chip pile located just east of pond/wetland. Truck access to woodchip pile and storage of miscellaneous. concrete structures.
47 Spencer Plains Road (Map 25/Lot 25); Gateway Business B-4 District
ACTION: Review application for completeness; determine activity significance, request technical fees if needed.
Mr. Chris Bell, engineer for the applicant, advised the commission that The Town of Westbrook accepted the application on October 7, 2008 for the construction of a berm and swale for wetland protection. The Town of Westbrook deemed the application insignificant at their last meeting and requested a referral from the Town of Old Saybrook. However, it was unclear which site plan was submitted to Westbrook. Mr. Bell acknowledged the site plan dated 9/18/08 was submitted to Westbrook and they would be submitting the new plan.
Kelly Volansky, the IWWC Enforcement Officer, reviewed the revised site plan dated 9/28/08. The application submitted tonight requests that the application fees to the Town of Old Saybrook be waived. Vice Chairman Sohl indicated that staff had spent much time on this application along with advertising fees for the public hearing and that all fees are warranted. Attorney Ed Cassella, attorney for the applicant, acknowledged that the onus is on the applicant for failure to place a sign and withdrawing the original application. Attorney Cassella will request the Town of Westbrook to hold off on a decision until a referral from Old Saybrook is received.
Mr. Bell explained to the commission the major difference in the new application and site plan dated 9/29/08 is that the northeast corner of the berm will be moved further west on the Westbrook side of the property. No portion of the berm will be located in Old Saybrook. In addition, no sand gravel processing will be done on the property; the designated area will now be a woodchip operation.
Attorney Casella reminded the board that in 1975, when the town approved this lot as a landfill, it took out all references to wetland soils on the property. However, he acknowledges that there are watercourses on the property. He presented the board with a letter dated July 25, 1975 from the Town of Old Saybrook to Mr. Van Epps that gave approval to remove all designated wetlands that were present on the property and allow Mr. Van Epps to fill the area with unusable material, (demolition material and stumps). The wetland associated with the proposed berm construction is located in Westbrook. The Old Saybrook portion of the property contains the 100 foot upland review area.
Operations currently on the property include a wood chip operation east of the pond which will be moved just east of the proposed berm in Westbrook. The wood chip operation located with in the 100 foot upland review area in Old Saybrook is not permitted. An asphalt/gravel parking area and a driveway is proposed on the property and will cross over to Westbrook. Concrete structures are stored on the property (manhole covers and various sewer and septic components). There are storage buildings, fenced pasture, a shed for cows at night, trailers for storing hay and supply parts. A chicken coop will be moved outside the 100 foot review area. The applicant has tenants who operate various businesses at the property including landscaping businesses and several dumpsters/truck trailer rentals.
The owner operates construction related businesses.
Attorney Knapp reminded the commission that it has the authority to restrict activities in the 100 foot upland review area and beyond to restrict hazardous activity if it will affect the wetlands. All uses of the property must be permitted through the Zoning Department.
Attorney Cassella said they will submit a statement of uses for the buildings and no dumping of materials will be done within the 100 foot upland review area. Items such as diesel engines and old fiberglass boat carcasses were observed by commission members during individual site walks should be cleaned up and removed. Also the commission noticed a green pipe about 6-8 inches in diameter emptying into the Westbrook watercourse, its source was unclear. A separate channel was noted coming from the Westbrook mall property. Both are not indicated on the map. The commission would like to know exactly what is stored in each storage building, what operations will be conducted at the site, and have an accurate site plan submitted showing all those wetlands, watercourses, tributaries and any
culverts/pipes.
MOTION to collect application fees. MADE by R. McIntyre, SECONDED by K. Gallagher No Discussion on the motion. IN FAVOR: Charles Sohl, William Pollock, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; OPPOSED: None; ABSTAINED: none;
APPROVED: 5-0-0
MOTION to deem application a significant activity MADE by R. McIntyre, SECONDED by K. Gallagher; DISCUSSION: Activity to construct the berm will occur in Old Saybrook even though the berm itself will be located in Westbrook. Mr. Bell indicated that most of the construction activity will be in Westbrook. The Board is looking at activity being conducted in the upland review area and will decide if that activity is significant and if it negatively affects the wetlands. Kimberly Gallagher is concerned with the trucks, equipment and material brought through the 100 foot upland area and that it would have a significant impact on the area. IN FAVOR: Kimberly Gallagher; OPPOSED: Charles Sohl, William Pollock, Robert McIntyre, Charles
Wehrly; ABSTAINED: none; DENIED: 1-4-0
MOTION to collect Ordinance 71 Fees. MADE by K. Gallagher, SECONDED by C. Wehrly; DISCUSSION: Kim Gallagher noted that the commission has already hired consultants for the previous application who will be working on the new application as well. It would be in the best interest of the commission to reserve the right to collect fees. IN FAVOR: Charles Sohl, William Pollock, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; OPPOSED: None; ABSTAINED: none; APPROVED: 5-0-0
B. Town of Westbrook IWWC Application: Van Epps Construction
47 Spencer Plains Road (Map 25/Lot 25); (Westbrook Map 29/Lot E21)
ACTION: Review and respond to Town of Westbrook referral
Staff will draft a letter to the town of Westbrook with the following recommendations: 1.) Do not allow any activity around the wetland area until such time as the berm can be constructed and stabilized. 2.) Berm should be moved easterly to allow separation distance between the berm and the swale area. Present placement appears to be too close to the wetlands. 3.) Due to heavy truck traffic hauling material, ensure protective measures are taken to protect the wetlands during the construction process and sedimentation control is inspected by the wetland enforcement officer. 4.) All possible debris and toxic materials on the Westbrook side be removed from the wetland area. 5.) Westbrook may want to do a site review by physically walking the property to see what the underlying base of the
woodchip pile is.
VI. DISCUSSION
David Reed
Discussion regarding potential construction of f 3-bay car garage.
13 Fox Hollow Road (Map 55/Lot 15-14); Residence AAA District
Mr. Reed will not be attending the meeting tonight. There was no discussion on the matter.
VII REGULAR BUSINESS
A. Staff Report
Kelly Volansky, the IWEO, discussed literature mailed in packets, upcoming seminars and information pertaining to the WPCA upgrades to old septic systems.
B. Representative & Subcommittee Reports
C. Correspondence
D. Approval of Minutes
Minutes from the September 18, 2008 will be approved at the November 20, 2008 meeting.
VII. ADJOURNMENT
Respectfully Submitted,
Joanne Rynecki, Recording Clerk
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