Old Saybrook Inland Wetlands & Watercourses Commission
MINUTES
REGULAR MEETING
THURSDAY, December 18, 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 7:34 p.m. Five commission members were seated to vote.
II. ROLL CALL
Attendant Members
Paul Smith, Chairman
Charles Sohl, Vice Chairman
Kimberly Gallagher
Robert McIntyre
Chuck Wehrly, Alternate
Absent Members
William Pollock, Secretary
Brendan McKeown
Attendant Staff
Joanne Rynecki, Recording Clerk
Also in attendance were Attorney Eric Knapp and Richard Snarski, Soil Scientist
III. PUBLIC HEARING
- 08-015 Alfano General Contracting
Application to construct a 2 bedroom house and install a septic system in the upland review area and allow approx. 330 sq ft of wetland to be disturbed during construction for installation of the force main.
23 Quarry Street (Map 29/Lot 29-17); Residential A District
Accepted: 11/20/2008
ACTION: Open Public Hearing; Review and Act
Public Hearing was not opened. Public Hearing for Application #08-015 postponed until the next scheduled meeting on January 15, 2009 due to insufficient notification by the Applicant.
IV. OLD BUSINESS
- 08-014 Tom Van Epps, Dirt, LLC
Application to construct a berm parallel to wetland. Wetland located in Westbrook.
47 Spencer Plans Road (Map 25/Lot 25); Gateway Business B-4 District
Accepted: 10/16/2008
ACTION: Review and Act
Attorney Cassella was present tonight on behalf of the applicant. Attorney Cassella submitted a site plan originally dated 8/28/08 and landscaping plan originally dated 10/10/08 both revised as of December 15, 2008. Attorney Cassella explained that the revisions are primarily on the western side of the property. The existing fence for the grazing of the cows will be extended to the stream. The activity previously proposed near the stream on the Westbrook side of the property is no longer planned. The area to the stream will be for the grazing of cows. There are presently 3 cows and 1 new calf. No woodchip activity and no berm construction will be done on the property and therefore, there will be no truck access across the wetlands or upland review area. The
applicant is proposing a silt fence to protect the stream. All boat hulls and anything else that doesn’t naturally grow in the ground will be removed except the fencing.
Chairman Smith noted that the changes indicated on the revised plans do not constitute a new application. These changes only amend the current application. Chairman Smith questioned the length of time the silt fence will be needed. Attorney Cassella stated that the fence will only be necessary until the grass grows near the stream. The commission would like to see grass planted along the slope as well. Attorney Cassella believes the grass will be planted in the spring 2009 planting season. Ms. Gallagher asked that since the area along the stream has been stated to be mostly woodchips, does grass grow in woodchips? Mr. Snarski stated that as the woodchips decompose it may be easier for grass to grow. It takes approx. 2 years for woodchips to decompose to
approx. 1/6th of its original volume. There was a lengthy discussion regarding the sloping of the area along the stream and the impact of the woodchip fill to the wetlands. However, the stream is located in Westbrook.
Attorney Knapp asked that the plans reflect the variance approval the applicant received for the two smaller buildings each 564 sq ft in size. The two buildings have received a setback variance from the Zoning Board of Appeals. The applicant is seeking approval to allow the 1,221 sq ft building to remain in its current location from both the Zoning Commission and the Inland Wetlands and Watercourses Commission.
There is no definitive expert testimony. Richard Snarski, soil scientist hired by the Town of Old Saybrook, was unable to perform additional testing because the applicant, Mr. Van Epps, would not allow Mr. Snarski back on his property. Mr. Ciperly, the applicant’s soil scientist, that he dug additional test holes and found 16” – 22” of saturated fill and as a result has added 3 wetland flags (20, a, b & c) located east of the brook near the south side of the property. Mr. Ciperly believes that the soil to the north of the proposed grazing area is not wetlands. He found only sand and gravel at 24” – 36”. Mr. Snarski disagrees with Mr. Ciperly’s analysis of test holes at wetland flag #11. Mr. Ciperly said that the depth
of fill is such that it isn’t a wetland. Mr. Snarski disagrees in that at 57” – 63” wetland soil was found.
Mr. Carl Malinowski joined the meeting and commented that Mr. Van Epps is under a cease and desist order from the Town of Westbrook. No activity will be allowed in the wetland area in Westbrook.
The applicant is requesting approval to perform the following in the 100 ft upland review area located in Old Saybrook.
1. Install all erosion control.
2. Remove all boat hulls & construction debris.
3. Install topsoil, seed and mulch on all disturbed areas.
4. Plant trees & plantings were shown on landscaping plan.
5. Maintain erosion control measures until strong vegetation is established.
MOTION to continue this application #08-014 Dirt, LLC to next meeting scheduled for January 15, 2009. MADE by Kimberly Gallagher, SECONDED by Charles Sohl; DISCUSSION: K. Gallagher recommends that the letter to the town of Westbrook be sent before we make any decisions and she is very concerned that no accurate wetland flagging has been done by our consultant. We at least need proper flagging for the building located in the 100 ft review area. P Smith reminded the commission that the applicant will not let our soil scientist on the property. R. McIntyre reminded the commission that regardless of where the wetland boundary is, we now have the restrictions of our ability to regulate the area if it is being classified as agriculture, Mr. Smith agreed we do not
know where the wetland boundaries are and the building is existing. Any letter to the Town of Westbrook will be done after a decision has been made regarding this application; IN FAVOR: Kimberly Gallagher; OPPOSED: Robert McIntyre, Charles Wehrly, Paul Smith, Charles Sohl; ABSTAINED: none; DEFEATED: 1-4-0
The commission asked Attorney Cassella if the debris in the pond in the center of the site would also be removed as part of the cleanup on the property. Attorney Cassella said yes.
MOTION to approve Application #08-014 Dirt, LLC based upon the revised site plan dated 12/15/2008 which outlines the scheduled activity in the wetland buffer. A referral letter to be sent from this commission to the Westbrook IWWEO outlining concerns with the fill material in the wetlands. MADE by Robert. McIntyre, SECONDED by Charles Wehrly DISCUSSION: Chairman Smith noted that the soil scientist hired by the Town of Old Saybrook under Ordinance 71 was not allowed back on the property to test the soil with the applicant’s consultant, therefore wetland boundaries have not been verified and any action taken by the commission is not intended to confirm or deny the wetland boundary .
MOTION AMENDED to include that any action taken by the commission is not intended to confirm or deny the wetland boundary and the decision to approve this application was based upon the commission’s inability to regulate activities in the 100 ft review area due to the agricultural exception. IN FAVOR: Charles Sohl, Paul Smith, Robert McIntyre, Charles Wehrly; OPPOSED: Kimberly Gallagher; ABSTAINED: none; APPROVED: 4-1-0
VI REGULAR BUSINESS
A. Staff Report - none
B. Representative & Subcommittee Reports - none
C. Correspondence - none
D. Approval of Minutes
MOTION to accept minutes of November 20, 2008. MADE by Charles Wehrly, SECONDED by Robert McIntyre; NO DISCUSSION; IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; OPPOSED: None; ABSTAINED: none; APPROVED: 5-0-0
VII. ADJOURNMENT
MOTION to adjourn the meeting at 9:44 p.m. until the next regular meeting on January 15, 2009. MADE by Kimberly Gallagher, SECONDED by Robert McIntyre; NO DISCUSSION; IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly; OPPOSED: None; ABSTAINED: none; APPROVED: 5-0-0
Respectfully Submitted,
Joanne Rynecki, Recording Clerk
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