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Inland Wetlands & Watercourses Commission Minutes 02192009
IWWC MINUTES
REGULAR MEETING
THURSDAY, February 19, 2009 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension


  • CALL TO ORDER
Chairman Paul Smith called the regular meeting to order at 7:30 p.m.  Six 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
William Pollock, Secretary

Absent Members
Brendan McKeown

Attendant Staff
Kelly Volansky, IWWC Enforcement Officer
Joanne Rynecki, Recording Clerk

Also in attendance were Mr. Jeff Jacobson, Engineer and Mr. Don Fortunato, 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
Attorney Royston was present to explain to the commission the changes made to the plans with a revision date of February 11, 2009.  Also, in attendance was the applicant’s soil scientist, Mr. Richard Snarski.  The applicant, Mr. Alfano and the engineer, Darcy Collins from Doane Collins were not able to attend.  This application was originally accepted by this commission at the November 20, 2009 meeting and was postponed at the applicant’s request on the December 2008 and January 2009 meetings.  

The plans were modified to allow for the new driveway design requested by this commission to allow the homeowner an area to turn around to avoid backing out into traffic on Quarry Street, and the installation of the force main only during the dry season.  To minimize the impact on the surrounding wetlands during the installation of the force main, the applicant is proposing the use of a “ditch witch” type of machinery which will dig the ditch and lay the main pipe simultaneously.  The commission was not clear on how the machinery would get in and around the area without disturbing the wetlands.  The current path to the rear portion of the property is very narrow and it is unknown if it was recently widened as an access path to the rear of the property.  Mr. Jacobson, engineer and consultant for this commission said it was not clear how long the path existed.  Attorney Royston commented that the current owner, since 1973, did not fill the lot and provided the commission with a letter that speaks of the path as a part of a larger parcel of land prior to 1973.  Attorney Royston did not have confirmation that the septic was approved by the Health District.  

To discuss the overall impact of the project was Mr. Snarski, the soil scientist.  He rechecked the wetlands and is confident of the wetland boundary.  The area has a high water table.  Mr. Fortunato accepted the flagged wetland boundaries.  There are vernal pools on adjacent properties where the wood frog breeds and then migrates to nearby wooded areas adjacent to this property.  Mr. Snarski believes that the applicant should allow natural vegetation to grow in the septic area to minimize the impact on the area; and, the applicant has also agreed to create a manmade deep and shallow marsh to enhance the existing wetlands.  The proposed deep/shallow water marsh will be created by excavating approx. 500 sq ft of existing wetlands.  Mr. Snarski also proposes planting vegetation around the wetlands as a screen to discourage future encroachments into the wetlands.  Mr. Fortunato agreed that the plan to create the marsh and plant vegetation around the wetlands will enhance the area, but will need proper oversight and control.  The applicant has agreed to a 3 year monitoring program with an annual report to the commission to ensure the property wetlands are successful.

Meeting recessed at 9:03 p.m. and reconvened at 9:13 p.m.

Chairman Smith opened the hearing for public comment; no one from the public spoke, Chairman Smith closed the hearing to the public.

The commission received the following letters from concerned residents regarding this application.  
1.)  From Jennifer and Adam Gurnell, hand delivered 2/19/09, 14 Sherwood Terrace and owner of 32 Quarry Street.  They are strongly opposed to the project and concerned with the water displaced from the property.  Their house on Quarry Street has a basement with a sump pump that currently runs 10 months of the year.  
2.)  From Madeline (no last name given) who lives across the street in a duplex, dated 1/12/2009.  She is concerned with the water and septic from this property affecting her property and her well water.  Currently she has 2 sump pumps running constantly.  She also questioned the affects on the wildlife.  
3.)  From James and Lois Lubs 18 Quarry Street dated 1/5/2009.  They had issues with the placement of the force main through the wetlands.  They saw a tractor on the property to dig test holes which they believe was larger than they had been told would be used.  A fallen walnut tree provides food to the wildlife in the area.  They do not want any fill brought in and do not want changes to the wetlands.

Chairman Smith asked Attorney Royston to give the following questions/issues to the applicant to address for the next meeting scheduled for March 19, 2009.

1.      Retaining wall on SW corner of the property, what is the purpose?
2.      Why is silt fence missing on the westerly boundary, west of the leach filed?
3.      Is the sediment fence on plan for shallow/deep marsh temporary?
4.      Need wetland enhancement detail with cross sections North to South & East to West.
5.      How will the amount of water flowing into the leaching area be minimized, potential to flood?
6.      Stockpiles, are they for both fill and excavation material?
7.      Concern with disturbing the wetlands when accessing the rear of the property for the leaching fields and construction of the marsh.
8.      No provision for the maintenance of the leaching fields in the future.  Slope of the area around the house, proposed plantings, and proximity to the wetlands make the passage very narrow.
9.      Need a sequence of construction that lists dates when each phase will be constructed.
10.     Concern with the 2 to 1 slope around the house.  How will the slope be maintained, mowed?
11.     What is the driveway material?
12.     What is reference on map “Delta $4”?
13.     Correct data on page 2 of plans to clarify intent.
14.     Are the walls and base of the pump chamber and septic tank adequate to handle H-20 vehicle loads?
15.     Notes on pump chamber, where is control panel going to be located?
16.     Page 3 of plans should state 3 year monitoring program for wetland enhancement.
17.     Need details of herbicide to be used to eradicate pragmites and where.
18.     Sequence of construction should take into account the migration of the wood frogs, birds and other wild life living in the wetlands.
19.     Where will the soil from the trench for the force main pipe be placed?
20.     Smooth out the path to the rear portion of the property to avoid “decoy pools”.

Due to the need of the applicant to provide additional information for the commission to consider this application, the public hearing was continued to next month’s regularly schedule meeting on Thursday, March 19, 2009 at 7:30 p.m. in the Pasbeshauke Pavilion at Saybrook Point Park, without need for notice.



MOTION to amend the agenda to add under NEW BUSINESS section IV, item “A”application #09-001 and DISCUSSION section V, item “A” Louis Treschitta and item “B” Richard Snarski for Barbara Rutigliano.  MADE by Kimberly Gallagher; SECONDED by William Pollock;
NO DISCUSSION;  IN FAVOR:  Kimberly Gallagher, Robert McIntyre, Charles Wehrly, Paul Smith, Charles Sohl, William Pollock; OPPOSED: none; ABSTAINED:  none;  APPROVED: 6-0-0


IV.     NEW BUSINESS

  • 09-001  Albert and Rebecca DeAngelo
Application  to add a 17’ x 24’two story, plus basement addition to house.  Entire property is within the 100’ upland review area.
10 Rock Ridge Drive (Map 46/Lot 10-20); Residential AA-1 District
Accepted: 10/16/2008
ACTION:  Review and accept application

Mr. DeAngelo presented the plans for the proposed addition to his home which lies in the 100’ upland review area.  According to Mr. DeAngelo’s testimony the addition will be an increase in size to the living room on the first floor, an increase in size to the bedroom on the second floor and a basement storage area.  There will be no additional bedrooms or bathrooms added as part of this renovation, contrary to what was previously stated on the application submitted on 2/18/2009.  Mr. DeAngelo has not obtained the Health Districts approval that the current septic system will not require expansion.  The commission would like to see the septic and leaching fields more clearly indicated on the plan and an updated application to the Town IWWC for the needed corrections to the application.

MOTION to accept the application with the stipulation that the plans be revised to include more detail on the septic and leaching fields, the application be corrected and the date on the letter from James Ciperly be corrected  MADE by Robert McIntyre, SECONDED by Kimberly Gallagher;  NO DISCUSSION;   IN FAVOR:  Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly, William Pollock;  OPPOSED: None; ABSTAINED: none;  APPROVED: 6-0-0

MOTION to deem activity not significant.  MADE by Robert McIntyre, SECONDED by William Pollock;  NO DISCUSSION;   IN FAVOR:  Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly, William Pollock;  OPPOSED: None; ABSTAINED: none;  APPROVED: 6-0-0

No ordinance 71 fees will be required and the applicant is instructed to return at the next regular meeting on March 19, 2009.

  • DISCUSSION
  • Louis Treschitta
Discussion regarding demolition of existing house, repair of septic system and construction of a new house.  Entire property is within wetlands (both tidal & inland)
14 Burgey Road (Map 18/Lot 105)
Residential A District

Mr. Treschitta appeared before the commission to discuss three possible locations for replacement of an existing home he is proposing to build on the property.  The entire parcel is in existing inland wetlands.  The commission does not have a preference on the placement of the new house.  However, it was suggested that the property owner should try to minimize the need for variances as part of this future project.  In addition to this commission’s approval, it appears the applicant will need approvals from the Health District, Zoning and possibly the Army Corps of Engineers.

  • Richard Snarski for Barbara Rutigliano
Discussion regarding violation of filling wetlands on property and mitigation thereof.  Property owner interested in discussing potential mitigation off-site and via Phragmites removal.
57 Vincent Avenue (Map 13/Lot 134)
Residential A District

The violation occurred a number of months ago when the house was renovated and wetlands were filled by the current owner without the approval of the IWWC.  The violation came to the attention of staff recently; and Mr. Snarski would like to know what the commission might accept as a mitigation plan.  The IWW Enforcement Officer was asked to check with the commission’s attorney to see what fines might be imposed.  The commission is not willing to consider off-site mitigation of this wetland filling.  The property owner needs to submit an application to the IWWC for removal of the fill material in the wetlands, and the restoration of the wetlands area.

VI.     REGULAR BUSINESS

A.      Election of Commission Officers:

MOTION to reelect current officers for the 2009 calendar year.  MADE by Kimberly Gallagher, SECONDED by Charles Wehrly;  NO DISCUSSION;   IN FAVOR:  Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly, William Pollock;  OPPOSED: None; ABSTAINED: none;  APPROVED: 6-0-0

B.      Staff Report - none
C.      Representative & Subcommittee Reports - none
D.      Correspondence – Letter regarding Max’s place
E.      Approval of Minutes
MOTION to accept minutes of December 18, 2008.  MADE by Paul Smith, SECONDED by Charles Sohl;  NO DISCUSSION;   IN FAVOR:  Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly, William Pollock;  OPPOSED: None; ABSTAINED: none;  APPROVED: 6-0-0

VII.    ADJOURNMENT

MOTION to adjourn the meeting at 11:30 p.m. until the next regular meeting on March 19, 2009.  MADE by Paul Smith, SECONDED by Kimberly Gallagher;  NO DISCUSSION;   IN FAVOR:  Paul Smith, Charles Sohl, Kimberly Gallagher, William Pollock, Robert McIntyre, Charles Wehrly;  OPPOSED: None; ABSTAINED: none;  APPROVED: 6-0-0



Respectfully Submitted,



Joanne Rynecki, Recording Clerk