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Inland Wetlands & Watercourses Commission Minutes 12/17/09
MINUTES
REGULAR MEETING
THURSDAY, December 17, 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 7:35 p.m.  Five commission members were seated to vote.  

  • ROLL CALL
Attendant Members
Paul Smith, Chairman
Robert McIntyre
Charles Wehrly
William Pollock, Secretary
Brendan McKeown

Absent Members
Kimberly Gallagher
Charles Sohl, Vice Chairman
Mark McGuire

Attendant Staff
Joanne Rynecki, Recording Clerk
Kelly Volansky, IWEO

  • OLD BUSINESS
None






  • NEW BUSINESS    
  • 09-012  William Van Wilgen
                Install 2 seasonal green houses (21’x 48’x12’) for the seasonal retail                          sale of nursery products on a 65’ x 110’ processed stone pad to be                              surrounded by fencing.  
                1654 Boston Post Road, Map 26/Lot 39
                Business B-1District
        Action: Accept application, determine if significant activity and if Ordinance 71 fees are required.

Linda Dow, PE of Criscuolo Engineering, LLC presented the application for two 21’ x 48’greenhouses to be erected on a base of 3-4 inches of crushed stone on the western portion of the existing parking lot of “Benny’s” Plaza.  The crushed stone area will be enclosed by a stockade and split rail fence.  No additional lighting is proposed at the site.  A porto-potty will be placed on site during seasonal periods of nursery operations, but no trash dumpster will be used.  All trash and recycling will be removed each night by employees. Two curbed landscaped islands and two trees will be added in the parking lot. The Van Wilgen site will sell plant products during April 15th – July 15th  and September 31st - October 31st and Christmas trees will be sold from Nov 20th – Dec 24th.  Water for the plants is intended to be supplied by the existing fire hydrant.  

Wetlands have been flagged and are located on the northwest and southern portion of the property.  Silt fencing will be installed to protect the wetlands during construction.

The Commission members raised the following issues which will need to be addressed by the Applicant at the next meeting.  Assurance is required that no invasive plant species whose seedlings could negatively impact the wetlands and that no fertilizers or other products that could be hazardous to the wetlands are stored or sold.  Silt fencing should be located around the west, south and east perimeter of the site to protect top soil and debris from washing into the wetlands.  Advise how the greenhouses will be anchored to the ground.  Ensure porto-potties are removed during the months the nursery is not in business.   A silt fence will be required prior to any future repairs or maintenance of the gravel bed.  Update Planting List to include “sy” plant type.  Indicate whether top soil or other material that is excavated will be stockpiled, or will it be immediately removed off site.  Include on page 2 of the Schedule of Construction Sequence the dates that construction will be performed and the placement of erosion control.  Include details for  installation of stockade and split rail fences.   Provide a plan  for restoring the site if Applicant no longer occupies space.  Provide a corrected map from soil scientist’s report.

MOTION to accept Application #09-012 William Van Wilgen, 1654 Boston Post Road, Map 26/Lot 39 to be heard at the next meeting scheduled for January 21, 2010. MADE by Robert McIntyre, SECONDED by William Pollock;   DISCUSSION: none  IN FAVOR:  William Pollock, Charles Wehrly; Paul Smith, Robert McIntyre, Brendan McKeown; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0

MOTION to deem Application #09-012 is not a significant activity. MADE by Robert McIntyre, SECONDED by William Pollock;   DISCUSSION: none  IN FAVOR:  William Pollock, Charles Wehrly; Paul Smith, Robert McIntyre, Brendan McKeown; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0

MOTION to not collect Ordinance 71 fees for Application #09-012. MADE by Robert McIntyre, SECONDED by Paul Smith;   DISCUSSION: none  IN FAVOR:  William Pollock, Charles Wehrly; Paul Smith, Robert McIntyre, Brendan McKeown; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0


MOTION to amend Agenda to add New Business item “B” Application #09-013 Valley Shore Assembly of God and item “C” Application #05-024 Tony Pelullo extension. MADE by Paul Smith, SECONDED by Robert McIntyre;   DISCUSSION: none;  IN FAVOR:  William Pollock, Charles Wehrly; Paul Smith, Robert McIntyre, Brendan McKeown; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0


B.      09-013  Valley Shore Assembly of God
        Application for proposed additional parking spaces in conjunction with          proposed 17’x35’ addition to church.  
        36 Great Hammock Rd  (Map 20/Lot 158)
        Residence A District
        Action:  Accept application, determine if significant activity and if Ordinance 71 fees are required.

        Lead Pastor, Mario Ellines presented the plans for the additional parking spaces for his proposed 17.5’ x 35’ addition to the Valley Shore Assembly of God Church.  No fees were collected due to church exempt status.  The addition requires the reconfiguration and addition of approximately 44 new parking spaces.  Three of the spaces encroach into the 100 foot upland review area.  The driveway material will be crushed stone.  The plans do not show a perimeter barrier to prevent the snow plow from pushing stones and debris into the upland review area as well as preventing cars from entering the area.  Applicant should provide options to protect the upland review area. The Commission also needs clarification on the location of the various septic leech fields on the property.  In addition, the plans need to show the silt fence along the upland review area, and uniform delineation of the new parking spaces being added.  

        MOTION to accept Application #09-013 Valley Shore Assembly of God. MADE by William Pollock, SECONDED by Brendan McKeown;   DISCUSSION: none;  IN FAVOR:  William Pollock, Charles Wehrly; Paul Smith, Robert McIntyre, Brendan McKeown; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0.

MOTION to deem Application #09-013 is not a significant activity. MADE by William Pollock, SECONDED by Robert McIntyre;   DISCUSSION: Consider moving parking spaces encroaching review area elsewhere on site and consider a berm as a parking lot barrier to the wetlands. Curtail mowing in the upland review area along the wetland boundary. IN FAVOR:  William Pollock, Charles Wehrly; Paul Smith, Robert McIntyre, Brendan McKeown; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0

MOTION to not collect Ordinance 71 fees for Application #09-012. MADE by Robert McIntyre, SECONDED by Paul Smith;   DISCUSSION: none  IN FAVOR:  William Pollock, Charles Wehrly; Paul Smith, Robert McIntyre, Brendan McKeown; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0


C.              05-024  Tony Pelullo
        Permit extension requested.  Originally approved 4/20/06; extended once         and set to expire 4/20/10.
        16 Vista Terrace (Map 25/Lot 11)
        Residence A District
        Action:  Review request and Act

        Applicant requests an extension for the construction of a house, septic system and driveway within the 100 ft wetland upland review area.  Commission members questuined granting another extension for this property because the wetland configuration could have changed over the last 4 years and could change over the next 2 years. After discussion, this was considered not to be an issue.  The new permit would expire April 20, 2012.

        MOTION to grant and extension of Permit #05-024 Tony Pelullo for 2 years to April 20, 2012. MADE by Robert McIntyre, SECONDED by Paul Smith;   DISCUSSION: none;  IN FAVOR:  Paul Smith, Robert McIntyre, Brendan McKeown; OPPOSED: William Pollock; ABSTAINED: Charles Wehrly;  APPROVED: 3-1-1.


  • DISCUSSION
  • Alfano General Contracting, Inc.
        Discussion of construction activities completed on site pertaining to   wetland pathway and backdoor egresses.
        23 Quarry Street,  Map 29/Lot 17-1
        Residential A District

        Attorney David Royston discussed issues related to compliance of certain conditions of IWWC Permit #08-015 on behalf of Alfano General Contracting, Inc.  He explained to the Commission the nature of the original application to construct a 2 bedroom house on the property.  Much of the property is wetlands and in the 100 ft upland review area therefore any activity must have IWWC approval.  The house has been constructed and ownership has transferred to the new homeowner with the terms and conditions of the permit included in the deed.  However, the Certificate of Occupancy has not been issued.

Attorney Royston is requesting that the Commission approve a modification to the existing permit to address the following additional conditions:
  • Specified wetland grasses could not be planted on the pathway to the rear portion of the property during the fall of 2009; and the newly established grass cover will be replaced with the required grasses in the spring 2010.
Two doors have been installed in the back of the house, the slider off the kitchen and the garage door, which were not included in the original plans.
Plans for an exterior stair way from the rear slider have been added to the plans.
A propane tank has been added to the plans and is installed at the property.  
A concrete AC pad has been added to the plans and is installed at the property.  
The Commission considered each item and its possible impact on the wetlands and agreed to grant the permit modification.

MOTION to amend Permit #08-015 Alfano General Contracting, Inc. to allow the following:  1.Propane tank and pad at constructed location; 2.Construction of 3 x 3 landing and two stairs with a crushed stone base at the rear slider; 3.Inclusion of rear garage door at constructed location; 4.Air Conditioner pad at constructed location; 4. Alternate location of planting to the north side of the property at constructed location; 5.Allow seeding of pathway with wetland grasses to occur in the spring 2010; and, 6.Attorney Royston is required to provide IWWC a written letter stating that the property owner was made aware of the wetland monitoring program required at this property.  MADE by Robert McIntyre, SECONDED by Charles Wehrly;   IN FAVOR:  William Pollock, Charles Wehrly; Paul Smith, Robert McIntyre, Brendan McKeown; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0

        Brendan McKeown excused himself from the meeting at 10:34 p.m.

  • REGULAR BUSINESS
A.      Staff Report – Kelly discussed Future Bonding and Monitoring with the   Commission and gave an update on the Ratigliano property and the pending        lawsuit by the Town.
                        
B.      Representative & Subcommittee Reports – none

C.      Correspondence – Handout material contained in the Commission                           member’s packets.

D.      Approval of Minutes – November 19, 2009

MOTION to approve the minutes of November 19, 2009.  MADE by Charles Wehrly, SECONDED by Robert McIntyre; NO DISCUSSION;   IN FAVOR:  William Pollock, Charles Wehrly; Robert McIntyre, Paul Smith; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.


  • ADJOURNMENT
MOTION to adjourn the meeting at 10:50 p.m. until the next regular meeting at the Pasbeshauke Pavilion at Saybrook Point Park 155 College Street Extension on January 21, 2010.  MADE by Robert McIntyre, SECONDED by Paul Smith;   IN FAVOR:  William Pollock, Charles Wehrly; Paul Smith, Robert McIntyre; OPPOSED: none; ABSTAINED: none;  APPROVED: 4-0-0


Respectfully Submitted,


Joanne Rynecki, Recording Clerk