MINUTES
REGULAR MEETING
THURSDAY, March 19, 2009 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. 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
Brendan McKeown arrived at 7:36 P.M.
Absent Members
Joseph Santangelo
Attendant Staff
Kelly Volansky, IWWC Enforcement Officer
Joanne Rynecki, Recording Clerk
Also in attendance was 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: Continue Public Hearing, Review and Act
Attorney Royston appeared before the commission on behalf of the applicant. Attorney Royston introduced Mr. Bob Doane the engineer and land surveyor for the applicant. Mr. Doane submitted plans with a revision date of March 6, 2009. The revised plans address issues and concerns of this commission at the last meeting on February 19, 2009 including, to grade the rear portion of the property where the leaching fields are proposed to eliminate the need for a retaining wall. The grading will allow the area to drain from west to east into the wetland.
Commission member Brendan McKeown arrived at 7:36 P.M. Commissioner Smith stated that Brendan McKeown will be allowed to vote on matters on tonight’s agenda if he has listened to the recordings of the prior meetings.
Mr. Doane continued, and noted stockpile area was relocated away from leaching fields and trenches. Nine trees will be removed from the sanitary system leaching area. A silt fence will be added on western boundary line. The existing path where force main will be installed will be the access path. A small track mounted bulldozer will be used to excavate and install the leaching fields. A “ditchwitch” type machine will lay the 2 inch pipe and the bulldozer will follow when done to level the path area to eliminate any “decoy pools”. The soil dug to install the pipe will be put back over the pipe simultaneously with the “ditchwitch” as the trench is being dug and the pipe is being laid to avoid the concern of where the excavating soil will be stored.
The bulldozer will then go over the path and remove all the decoy pools that may remain.
The sanitary system will not require routine maintenance except for pumping of the tank, located at the front of the property, every 5 years. Life expectancy of the leaching fields is normally 25 years, if properly maintained. If repairs are needed to the leaching fields the owner will need to come before the commission for approval. Plantings will conceal the path once the construction is complete. The walnut tree will be cut up and removed due to its current condition. The driveway will be paved. The area around the house at a 2 to 1 slope can be easily mowed per Mr. Doane. Miscellaneous erroneous notes on the original plans were removed.
Chairman Smith asked about the information on page 2 of the new plans regarding the detail on the proposed deep/shallow water marsh. Mr. Snarski commented that the cross section of the plans indicate a marshy boarder generally 10 feet wide. The deepest area will approx be 10 feet wide, but the areas will vary according to the natural surroundings.
Mr. Doane provided the commission with a copy of the Health District approval for the sanitary system.
Mr. Snarski explained where the exotic invasive plants are located on the property. They are Phragmites, Japanese Knotweed and Multiflora Rose. All will be eradicated by applying a herbicide 2 times over a couple of weeks time.
Mr. Doane spoke about the construction time line included in the general construction notes on page 3 of the revised plans. The sanitary work should take about a week and the wetland construction is about 2 – 3 days. The 3 inch septic tank walls were verified to be adequate to handle the H-20 vehicle load. The control panel for the pump chamber will be located in the garage. There will be a 3 year monitoring program for the wetland enhancements.
Chairman Smith questioned Mr. Doan’s earlier comment on the 2-1 slope around the house and that it could be maintained with a regular lawn mower. Mr. Doane agreed it would need to be a hand mower. The commission also asked, with such a steep slope lawn fertilizer will run off very easily and where will it go? What are the effects of lawn chemicals on the wetlands?
Don Fortunato, the soil scientist for the commission, did not have the opportunity to review the revised plans; however, he did question the plantings on and around the path and continuing near wetlands to the property boarder. Mr. Snarski said the path will be revegitated with a seed mix and buffer plantings will block the pathway. Plantings can be added to wetland flag 8/9 to the property boundary spaced a maximum of 8 feet apart and infilled with additional plantings.
Mr. Fortunato asked if the applicant have determined what affect the force main will have on the wetlands. Mr. Snarski said the force main is going to be placed in an area of the property that has been filled in the past and will not disturb the wetlands. The path is at least 7 feet wide and the equipment needed to install the sanitary system is approx. 6 feet wide.
Ms Gallagher asked Mr. Fortunato his opinion on maintaining a lawn on the 2-1 slope and the affect of herbicides from a lawn near the wetlands. Mr. Fortunato said he recommends not maintaining a regular lawn. They can use a no maintenance seed mix for the 2-1 slope area so it will not need to be maintained. Herbicides may be a problem on a lawn that may need regulation. Mr. Snarski said there is approx. 1200 sq ft of lawn. Not a large area of chemical application. And any herbicides should not negatively affect the new wetlands being created.
Ms Gallagher asked how wide the excavating machinery is. Mr. Doan said the small excavator they will use has a 6-7 foot width. The ditch witch is smaller than that. The wheel tracks on the existing path are about 6 feet now. Ms Gallagher also asked if there is a back door. Mr. Doane did not have the house plans to answer that question
.
Mr. Sohl asked about the quality of vernal pool on the nearby property. Mr. Snarski said he saw the pool less than 5 years ago and it is productive in some years and some years it is dry. Mr. Snarski saw egg masses on the west side of the property in some years. Mr. Snarski will hope to attract wood frogs to lay eggs along the edge of the manmade deep/shallow marsh.
Mr. McIntyre asked Mr. Doane why he planned a 2-1 slope around the house; it appears that some areas would allow for a 3-1 slope. Mr. Snarski and Mr. Doane agreed that a 2-1 slope was only needed around the garage area.
Mr. McKeown will not be voting, but had questions of vegetation on the leaching areas and the need for the owners to go back to the leaching area annually to cut woody vegetation by hand. How do you enforce it? And are there any other areas to put the septic or design a new system to avoid the concern for future maintenance? Later in the meeting Mr. Doan explained that they did consider other areas, specifically upland area B, but it cannot be used for a sanitary system due to setback regulations and shallow depth to groundwater.
Ms. Kelly Volansky, the OSIWEO asked what impact the septic system would have on the wood frog upland habitat. Mr. Snarski stated that there should be no impact to the wood frogs.
Chairman Smith opened the Public Hearing for public comment
Mr. Jim Lubs of 18 Quarry St is opposed to the construction on the property. He questioned the need to eradicate invasive plant species. He spoke about he history of the property and feels the contractor didn’t follow the plans in the initial permit for digging the test holes. Specifically, they did not enter the property where indicated on the application; and, no silt fence was installed. He feels the applicant did not follow what was outlined in the permit and may not follow any future commission requirements should this application be approved.
Bunny Lubs of 18 Quarry St also spoke of how she has walked the property often and is asking commission to deny application. She feels the plans as they are presented will not enhance the wetlands. The plans include removing a walnut tree that was damaged from the hurricane in 1985, but she feels it has began to come back and flourish over the years, and is against removing it She asked how will the town monitor the property? Chairman Smith explained that the homeowner will be required to pay a soil scientist to review and present a report to the commission.
Madeline Burrows of 20 Quarry St. is concerned with impact on her well water and how the development of this parcel will disturb the area.
There were no other comments from the public; and, Chairman Smith closed the meeting to the public.
Mr. Pollock asked how storm water runoff will be handled from the roof. Mr. Doane said through downspouts. Mr. Pollock expressed his concern that with the slope and proximity to the wetlands the owner will not have much space to walk around the house. Also, Chairman Smith expressed concern about developing this site as shown, and the current and future activity being done so close to and possibly in the wetlands.
Attorney Royston stated that he has listened to the concerns of the commission and the public, but the law states that under the statute owners of a property that have owned the property prior to the wetlands act becoming effective (1972) have a right to maximize the potential value of the property. Development of the property is the only way to increase the value of the property. Conservation restrictions can be put on property to exclude the use of pesticides on the property. Permits can be included on the map and filed with the Town Clerk’s office recorded with the deed to the property. The concern lies with the force main and the area that would be disturbed for future repairs. Language can be inserted in the deed to say “Any repair to the rear portion of the property will
require a permit from the Town of Old Saybrook”. Also, “Care is required to maintain the system” can be a requirement in the permit. Everything begin done is protective of the wetlands. This parcel was an approved building lot prior to 1972 and has been treated and taxed as such. This parcel meets all zoning requirements.
Chairman Smith closed public hearing and opened up a deliberation by the commission.
Mr. Fortunato made note of page 3 of 3 on the plans, specifically point F, point D and J need to be cleaned up along with the cross section of the deep/shallow water marsh.
Mr. McIntyre feels the applicant is taking due diligence to control activity before, during and after construction. Professional soil scientists agree that the enhancement to the wetlands is not detrimental. In his experience he has seen projects far more extensive that have not damaged the wetlands.
Mr. Wehrly feels a 2 bedroom house with a garage is not the only way to improve the property.
Chairman Smith responded that a 30x60 is probably the least you can do to improve the property. A 3-to 1 contour or even a 4-1 slope where it is available would make the property easier on the homeowner. His concern is future access to the rear of the property with wheeled vehicles. Tree markers should also be posted to identify it as a protected area. The property is marginally developable and this plan may be the best that can be done. The proposed shallow and deep water marsh can be an enhancement and the path for force main will recover over time.
Ms Gallagher feels it is a challenging lot to develop because so much construction is being done so close to the wetlands and the future issues with repairs to the leaching fields in the future
MOTION to approve application #08-015 Alfano General Contracting 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 with the stipulation that a 4-1 slope be maintained around the house, boundary markers installed around wetlands no more than 50 ft on center, upland B area to wetland flag #7 and #8 be planted so that the entire wetland boundary will be vegetated at no more than an 8 ft spacing, plans be modified to reflect the conditions of the permit that the property owner must clear the rear/leaching area of woody growth at least once annually and the area be maintained with at least 12 inches of vegetation, correct errors on plans as stated previously and
permit be filed on the land records and the conditions be recited in the deed and map for the property. MADE by Robert McIntyre; SECONDED by Paul Smith; NO DISCUSSION; IN FAVOR: Robert McIntyre, Paul Smith, Charles Sohl, William Pollock; OPPOSED: Charles Wehrly, Kimberly Gallagher; ABSTAINED: none; APPROVED: 4-2-0
Chairman Smith allowed commission members a brief recess at 10:05 P.M. and resumed the meeting at 10:14 P.M.
IV. OLD 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: 2/16/2009
ACTION: Review and Act
Mr. DeAngelo submitted a revised page 2 of the application along with a copy of the CT River Area Health District approval of the existing septic system, a floor plan and a map of the property location.
Mr. McIntyre asked if the addition is approved by zoning and Mr. DeAngelo said yes, the number of bedrooms will remain the same they are adding an additional room calling it a nursery.
Ms. Gallagher asked how the trucks will enter the property for excavating. Mr. DeAngelo said from the road off the cul de sac straight to the house crossing an area indicated on the plans as a stockpile area. The stock pile area will not be necessary, because the applicant will move all excavated material off site.
Chairman Smith questioned the location of the silt fence.
MOTION to approve application #09-001 with the stipulation that the plans be revised to include the location of the silt fence to be no further than 10 feet off existing house and proposed addition and 45 feet from the wetlands. All excavated material will be immediately removed from the site with no stockpile. MADE by Brendan McKeown, SECONDED by Robert McIntyre; DISCUSSION: The rear door of the house will be relocated to the family room addition; IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly, William Pollock, Brendan McKeown; OPPOSED: None; ABSTAINED: none; APPROVED: 7-0-0
V. NEW BUSINESS
A. 09-002 Louis Treschitta
Application to repair septic system, demolish existing 1 bedroom house and construct a new 1 bedroom house. Entire property is within wetlands (both tidal & inland)
14 Burgey Road (Map 18/Lot 105)
Residential A District
Action: Accept/Deny Application
Attorney John Lambert is representing Louis Treschitta for the application. Mr. Snarski is the soil scientist for this application. The entire lot is pre-existing to the Old Saybrook Wetlands Regulations. Attorney Lambert has reviewed the options available for this property and feels that the demolition of the existing house and rebuilding on the existing footprint is the best option. Attorney Lambert submitted a plan that supplements the existing plans which were provided at last month’s discussion, but are a supplement for this commission and were used for zoning purposes. The plans show where the decks are located. The deck structure will be larger than what is there currently, but the shed will be taken down. Attorney Lambert would like all information from the informal
discussion at last month’s meeting included with the application submitted for tonight.
Attorney Lambert continued with the explanation of how the house will be demolished by hand, with no heavy machinery on the property. The home will be a modular home and he feels will have the least disturbance on the area. The home will remain a seasonal 1 bedroom home. The septic system design has been approved by the Area Health District for a 2 bedroom home.
The commission would like the applicant to provide updated plans that incorporate upgraded graphics on one plan rather than 2 separate plans to include what is being proposed specifically 2 parking stalls, deck and stairs and the tracking pad for construction access not located where the septic is proposed.
Louis Treschitta clarified that there will be 2 separate decks on the first and 2nd floors.
Hem Khona is the engineer for the project. He agreed to the placement of a silt fence near wetland flag W8 which will be connected with W3 and run to the road. The remaining silt fence indicated on the plans will remain as is
MOTION to accept the application. MADE by Charles Sohl, SECONDED by William Pollock; DISCUSSION: The plans should include locations of silt fencing and sediment filter fencing, if both are the be used; IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly, William Pollock, Brendan McKeown; OPPOSED: None; ABSTAINED: none; APPROVED: 7-0-0
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, Brendan McKeown; OPPOSED: None; ABSTAINED: none; APPROVED: 7-0-0
No ordinance 71 Fees will be required.
Agenda is amended to add application to modify previously approved application #06-026.
B. 06-026 Max’s Place, LLC
Modification of previous approval. Applicant seeks to modify storm water management system, eliminating approved use of existing wetlands areas for storm water detention ponds and to provide for such detention without direct filling or disturbance of existing wetlands.
Corner of Boston Post Rd/Spencer Plains Rd & Center Road W
(Map 25/Lots 2, 28, 29, 30; Map 26/Lot 6-10, 6-11, 6-12, 6-16, 32, 32-1)
Gateway Business B-4 District
ACTION: Review and Accept/Deny Application
Attorney Royston advised the commission that he will submit a request for an extension of the permit he is seeking to modify at the next meeting. The applicant is requesting a modification in response to the Army Corps of Engineers requirement to modify detention ponds #2 and #3 on the previously approved permit application. Originally, the 2nd detention pond was created by expanding an existing wetland area into a detention pond. The 3rd detention pond located on Lot 16 had previous wetlands and was to be recreated into a detention pond. The DEP does not want detention ponds 2 and 3 to be created from the wetlands and does not want the areas filled, but rather to add separate detention areas adjacent to them.
David Ziaks with F.A. Hesketh & Associates, engineer for the applicant, explained to the commission that the Army Corps of Engineers are satisfied with the plans except they refer to the DEP all wetland issues and the Connecticut DEP wants the changes.
Chairman Smith asked if the deferred parking area is necessary. Mr. Ziak said that deferred parking must be set aside to satisfy the zoning requirements Even though it is a deferred parking area, as shown on the map, it will be maintained as a vegetative green area until needed for future parking.
Detention pond #3 on Lot 16 will be similar, but smaller so as not to disturb the wetlands.
Detention pond #2 will be split into 2 separate area divided by the new entrance roadway design. Chairman Smith would like to see a pedestrian rail placed along the wetland area and a vehicular guardrail on the roadway for detention pond #2. Grading plan on pond #3 shows a berm, that may require a permit from DEP for the dam.
Mr. Sohl asked if the changes were reviewed by Mr. Snarski. Attorney Royston said he was not sure if the plans had been reviewed by Mr. Snarski, but they will if it is required.
MOTION to accept the application for the modification of a previously approved application #06-026. MADE by Kimberly Gallagher, SECONDED by William Pollock; NO DISCUSSION: IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly, William Pollock, Brendan McKeown; OPPOSED: None; ABSTAINED: none; APPROVED: 7-0-0
MOTION to deem activity not significant. MADE by Paul Smith, SECONDED by Kimberly Gallagher; NO DISCUSSION; IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly, William Pollock, Brendan McKeown; OPPOSED: None; ABSTAINED: none; APPROVED: 7-0-0
Ordinance 71 Fees continue to apply for engineering and environmental review by the commission’s consultants.
VI. REGULAR BUSINESS
A. Staff Report – Kelly Volansky spoke to Attorney Mike Cronin regarding the Ritigliano violation. The property owner will be submitting an application for their activity in the wetlands at our next meeting.
A new commission member, Joseph Santangelo, has been appointed as a representative from Economic Development Commission.
C. Representative & Subcommittee Reports – Planning and Zoning Commissions are working on drafting guidelines for affordable housing zones in town.
D. Correspondence – contained in the packets
E. Approval of Minutes
MOTION to accept minutes of February 19, 2009. MADE by Kimberly Gallagher, SECONDED by Robert McIntyre; NO DISCUSSION; IN FAVOR: Paul Smith, Charles Sohl, Kimberly Gallagher, Robert McIntyre, Charles Wehrly, William Pollock, Brendan McKeown; OPPOSED: None; ABSTAINED: none; APPROVED: 7-0-0
VII. ADJOURNMENT
MOTION to adjourn the meeting at 11:26 p.m. until the next regular meeting on April 16, 2009. MADE by Kimberly Gallagher, SECONDED by Robert McIntyre; 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
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