MINUTES
REGULAR MEETING
THURSDAY, November 20, 2008 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension
Chairman Paul Smith called the regular meeting to order at 7:30 p.m. Four members were seated to vote at the time the meeting was called to order, two arrived shortly after, and were also seated to vote.
Attendant Members
Paul Smith, Chairman
Charles Sohl, Vice Chairman, arrived at 7:32 p.m.
Kimberly Gallagher
Robert McIntyre
Chuck Wehrly, Alternate
Brendan McKeown arrived at 7:34 p.m.
Absent Members
William Pollock, Secretary
Attendant Staff
Joanne Rynecki, Recording Clerk
Kelly Volansky, IWWC Enforcement Officer
Attorney Michael Cronin
Attorney Eric Knapp arrived at 8:15 p.m.
Review and approve proposed amendments to Old Saybrook Inland Wetlands & Watercourses Commission Regulations.
The Commission reviewed the amendments and approved the new regulations with the following changes. Section 4.1 change “subdivision” to “subsection”. Section 19 fees will be established at a separate meeting. Section 20 Regulations will become effective upon filing in the office of the town clerk. Sub article should be 20.1. Appendix A and B will not be attached to the document for public distribution.
Hearing was open to Public Discussion, no discussion, Public Hearing Closed.
MOTION to approve proposed IWWC Regulations with changes and fees structure to be decided at a later date. MADE by R. McIntyre; SECONDED by K. Gallagher; NO DISCUSSION; IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; Brendan McKeown; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0
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); Residence B-4 District
Accepted 9/18/2008
ACTION: Review and Act.
This application was continued from the October 16, 2008 meeting. Linda Grossman appeared tonight before the board with a letter from Mr. Richard Snarski, a soil scientist. Mr. Snarski recommends cutting down only the larger brush or trees, rather than removing all the brush. The tree stumps will be treated with herbicide to kill the tree stump and herbaceous vegetation which will grow to approx. 2 feet high will be planted every 2 feet in place of the trees, as indicated in his letter. No heavy machinery will be used.
Mr. Sohl asked about the purpose of using herbicides. The herbicides, if used correctly, will be painted on the stumps to prevent further growth. Mr. Smith asked if all plants will be cut down. Ms. Grossman said that only the front portion of the detention basin needs to be cleared for site lines. The area which will be cleared is approx 1/3 of the total area of the detention basin. The side sloping area of the basin is currently grass and will remain. The trees to be removed are located at the bottom of the detention basin. The depth of the detention basin is 6 ft, and the impact will be minimal. In fact, the commission allowed the trees to be cut down in prior years, this new process will be better because new herbaceous vegetation will be replacing the trees and will do a
better job at sediment trapping, which was the original intent. The soil scientist recommends that they wait until after April 15th to begin work, when the tree is growing, to allow the herbicide to work.
MOTION to approve application #08-013 Grossman Chevrolet-Nissan, Inc. to clear brush from detention basin and plant herbaceous vegetation as recommended by R. Snarski in his letter dated 11/13/08 MADE by K. Gallagher; SECONDED by B. McKeown ; NO DISCUSSION; IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; Brendan McKeown; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0
B. 08-014 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-4District
Accepted 10/16/2008
ACTION: Review and Act.
Chairman Smith was not present at the last meeting. Upon his review of the audio recordings from the meeting he noted 2 statements that were made at the October 16, 2008 meeting that should be corrected. 1.) Mr. Smith did not direct Mr. Bell to remove spot elevations on the site plan, rather he asked that a 2nd blow up be made without spot elevations to make the plans easier for others to read. 2.) It was stated by Mr. Bell that Mr. Smith had a predisposition against constructing a berm. Mr. Smith did not make any statements that he was against building a berm.
Mr. James Ciperly, a soil scientist hired by the applicant, discussed the letter from Mr. Snarski, a soil scientist hired as a consultant on this matter by the Town of Old Saybrook, dated October 16, 2008. Mr. Ciperly stated that his job in July of 2008 was to delineate the existing wetlands as of July 2008. He did not research wetlands existing in prior years. Mr. Ciperly did not dig with a backhoe 4-5 feet deep, he walked the site with his auger and flagged the area. He did not find wetlands soil around the stockpile area on the west end of the property. Mr. Ciperly does agree that the wetlands were filled and the area has been disturbed in the past. According to Mr. Snarski’s letter much of the filling occurred after 1986 and the site was a landfill until 1996.
There was recent excavation of stockpile by the applicant near the stream on the west side of the property, as requested by the Town of Westbrook, by the applicant. When the stockpile was removed the applicant went below the natural soil level (1-2 ft) to ensure he got everything. Mr. Ciperly claims that is why Mr. Snarski’s test holes reveal something different. Mr. Ciperly continued that where the landfill starts is very difficult to determine, and he believes DEP would not want us to disturb the site with more digging.
Mr. Richard Snarski, a soil scientist for the Town of Old Saybrook, explained that he dug 3 test pits.
Test hole 1 at 63”when he reached natural occurring soil.
Test hole 2 at 26”when he reached natural occurring soil
Test hole 3 at 30”when he reached natural occurring soil
Mr. Snarski was asked if he saw a depression in the area where he dug the test holes, as Mr. Ciperly stated occurred when the applicant removed the stockpile. Mr. Snarski said that he did not see a depression and all test holes were dug from normal ground levels. All test holes he dug were determined to be filled wetlands. He saw recent fill right up to the bank of the brook
Mr. Gallagher asked Mr. Snarski if he thought that there was standing water in the area that was filled. Mr. Snarski said yes, under the wood chip fill there was water above the natural soil level. Test holes 2 and 3 do not have sufficient fill to even classify it as non wetlands even if the filling was permitted. Mr. Sohl asked what metals were found. Mr. Snarski said, he can’t identify the metals, just little pieces of scrap metal, the majority of what is there is woodchip material.
Mr. McKeown asked Mr. Snarski, if fill was placed inappropriately in a wetland, should it be removed or left as is. Mr. Snarski said that if fill is placed in a wetland without a permit it should be removed unless you can demonstrate why it should be there. In his view, wetlands can be restored. Mr. Ciperly stated that each wetland is different, at this site he recommends that the fill remain. There is no functional increase in wetland value by removing the fill. Ms. Gallagher asked if it would be detrimental to leave the fill. Mr. Ciperly said that in this watershed area, it is fine. Mr. Snarski believes this was a swamp at one time and with the fill the wetland cannot function as it was intended.
Attorney Casella submitted copies of the original permit issued by the State DEP in 1975, which allowed the site to be used as a landfill from 1986-1996 (Exhibit A) This is a wetland area, according to the permit, it was approved for a bulky waste site, and it was allowed to be backfilled on west side 2 feet above the water level. Mr. Chris Bell, the engineer for the applicant, said that based on his data the vertical datum elevation today is 8” higher now than previous maps, also the FEMA Flood map is not accurate from RR tracks north. Mr. Smith asked Mr. Bell what the total lot acreage was. Mr. Bell said 5.18 acres. Mr. Smith referred to the DEP permit which allows 4 acres of the parcel to be used as a landfill. It uses reference points as north along I-95, east along RTE 166
and south along the railroad tracks. It does not give a western border. Mr. Smith asked Mr. Cassella how the 4 acres relates to this 5.18 acre property. Mr. Cassella said he will look into the boundaries to provide an answer to that question. The landfill areas as delineated on the site plan by Mr. Bell were from information obtained from a 2003 map when the owner hired ASW Consultants. Mr. Bell said he has spoken to DEP and has researched the files here in Old Saybrook, but has not located a more accurate map. More information may be available at the state DEP. He did find correspondence from a site visit by DEP on June 19, 1981 where they looked at the fill on the western portion of the property up to and including the stream which was ok with DEP. Also, correspondence from November, 2001 when the owner pulled back fill from this area and DEP said stop. Another 2002 letter from the Town of Westbrook said he was in violation
for allowing 4 wheeling vehicles in an area near the stream. Mr. Bell feels this area has been constantly disturbed over the last 10 years. Mr. Smith said to Mr. Bell that any correspondence found would be helpful to the Commission.
Mr. Cassella reminded the commission that the Town declassified this site as a wetlands area. He said the Commission should be looking at the 100 ft buffer and the activities that will be taking place there. Mr. Smith requested the applicant clear up the discrepancies in the “Permit” acres, elevation levels, and actual area where the fill was to be located. The missing map from when the permit was issued would be very helpful. Mr. Smith also stated that there have been activities (i.e.: filling and clearing and storing of materials) going on after 1996, when the DEP closed the landfill, which were not permitted. If the Westbrook or Old Saybrook IWWC requires the berm to be relocated 50 or 100 feet east of the watercourse all activity would then be in Old Saybrook. If the
fill material on the west end of the site is covering a former wetland, and is required to be removed, the wetland boundary would change and wetlands could be on both sides of the berm, which is undesirable. Mr. Smith reminded Mr. Cassella that OS IWWC needs to look at more than just constructing the berm.
Mr. Ciperly said that if Mr. Snarski’s observations were correct, he would need to change the wetland boundaries on his map. Mr. Ciperly said he will excavate test the holes himself and leave the holes open for Mr. Snarski to review his findings. Mr. Smith asked that this new testing be done prior to our next meeting on December 18th.
This application #08-014 to construct a berm parallel to wetland was continued until the next meeting on Thursday December 18, 2008 at 7:30 p.m. in the Pasbeshauke Pavilion.
MOTION to modify the agenda of November 20, 2008 to add New Business, Section V, Item A. Application #08-015 Alfano General Contracting. MADE by P Smith SECONDED by Kimberly Gallagher NO DISCUSSION. IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; Brendan McKeown; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0
- NEW BUSINESS (AS AMENDED)
- 08-015 Alfano General Contracting
Application to allow approx. 440 sq ft of wetland to be disturbed during construction for installation of the force main. Area will be restored as recommended by soil scientist.
23 Quarry Street, (Map 29/Lot 29-17)
Residential A District
Action: Review application for completeness; determine activity Significance, request technical fees if needed.
Mr. Bob Doane, engineer/surveyor for the applicant, presented plans for this application on behalf of Darci Collins. All application fees are paid. Mr. Doane provided plans updated as of November 20, 2008 which include the addition of a public water source on the map. Applicant is requesting approval to build a 2 bedroom home on an existing lot of .92 acres. Approximately 50% of the land is wetlands, and the remainder of the property is in the regulated upland area. Soil testing revealed more favorable soil on front portion of the property for the house. The rear portion of property is proposed to have the septic system leaching fields with a forced main crossing the wetlands property from the front of the property where the house is located to the rear portion of the property. The
house is very close to the wetlands; however, planting will be placed along the wetland boundaries as a buffer. An adjacent site was developed recently with similar wetland issues as we see here. Copies of a letter from Penny Sharp, environmental specialist, for the adjacent property will be provided to staff which could apply to this site as well.
This new 2 bedroom house construction will have public water available to the site, a paved driveway, a crawl space, and no footing drains. The septic has not been fully approved by Health Dept. yet. This site lies in FEMA Zone AE with 9’flood elevation.
The commission would like to see written documentation from the soil scientist to justify disturbance to the current wetlands for construction of a marsh, and how the force main disturbance through the wetland is to be corrected. Also, provide information on the drainage issues on site for the next meeting.
MOTION to accept application #08-015 Alfano Construction to construct a force main on wetlands as depicted on plan with revision dated 11/20/08. MADE by K. Gallagher, SECONDED by R. McIntyre NO DISSCUSSION. IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; Brendan McKeown; OPPOSED: None; ABSTAINED: none; APPROVED: 6-0-0
MOTION to deem application a significant activity and require a public hearing for December 18, 2008 MADE by K. McKeown, SECONDED by P Smith; NO DISCUSSION: IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; Brendan McKeown; OPPOSED: none; ABSTAINED: none; DENIED: 6-0-0
MOTION to collect Ordinance 71 Fees for soil scientist and engineering MADE by K. Gallagher, SECONDED by C. Sohl; NO DISCUSSION: IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; Brendan McKeown; OPPOSED: None; ABSTAINED: none; APPROVED: 6-0-0
VII REGULAR BUSINESS
- Staff Report – Kelly Volansky reviewed items included in the packets
- Representative & Subcommittee Reports – Ms. Gallagher submitted CACIWC information from training she attended which will be distributed at next months meeting.
- Correspondence - none
- Approval of Minutes - Minutes from the September 18, 2008 and October 16, 2008
MOTION to approve September 18, 2008 meeting minutes MADE by P. Smith, SECONDED by C. Sohl; NO DISCUSSION: .IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; Brendan McKeown; OPPOSED: None; ABSTAINED: none; APPROVED: 6-0-0
MOTION to approve October 16, 2008 meeting minutes MADE by W. Pollock, SECONDED by R. McIntyre; NO DISCUSSION: IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; Brendan McKeown; OPPOSED: None; ABSTAINED: none; APPROVED: 6-0-0
MOTION to adjourn the meeting at 11:21 p.m. until the next regular meeting on December 18, 2008. MADE by K. Gallagher; SECONDED by Charles Wehrly. NO DISCUSSION. IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; Brendan McKeown; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0
Respectfully Submitted,
Joanne Rynecki, Recording Clerk
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