MINUTES
REGULAR MEETING
THURSDAY, May 20, 2010 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension
I. CALL TO ORDER
Paul Smith called the regular meeting to order at 7:30 p.m. Four commission members were seated to vote.
II. ROLL CALL
Attendant Members
Paul Smith, Chairman
Charles Wehrly
Robert McIntyre
Brendan McKeown
Absent Members
Kimberly Gallagher
William Pollock, Secretary
Charles Sohl, Vice Chairman
Attendant Staff
Kelly Volansky, EO
Joanne Rynecki, Clerk
Attorney Eric Knapp arrived at 7:55PM
III. OLD BUSINESS
- VIOLATION: Atlantic Seafood
Unauthorized activity within inland wetlands and 100’ of inland wetlands.
1400 Boston Post Road, (Map 27/Lot 21)
Business B-4 District
Kelly Volansky pointed out site features to the Commissioners based on her site visit, on a copy of plans she found in a previous application file.
Lisa Fineman, property owner, explained that as requested at the last meeting, the dumpsters were moved to an area near the walk-in cooler. The Chairman pointed out that the dumpsters are still very close to the wetlands and the IWWC Enforcement Officer agreed. Charles Wehrly visited the property and located an area that may be more suitable for the placement of the dumpsters. The new location is on the eastern side of the building, to the north side of the fence. The property owner agreed to move the dumpster to the new location which is further away from the wetlands. Chairman Smith added that the dumpsters will still be visible from the road; however, with prior IWWC approval a partial enclosure fence could be added to screen the dumpsters from view of the road.
Chuck Wehrly asked Kelly Volansky if she was able to determine how much this new parking area encroached upon the wetlands. Kelly Volansky was unable to determine any encroachment without current wetland markings. Chairman Smith noted that the previous buffer area wasn’t a pristine filter for the parking area and if we require plantings now we would have to require removal of the stone dust and large stones that would disturb the wetlands further. Charles Wehrly and members agreed it is better to just stay out of the wetlands.
MOTION to require the change in the dumpster location to the east side of the building as resolution of the violation at Atlantic Seafood, 1400 Boston Post Road, (Map 27/Lot 21). MADE by Robert McIntyre, SECONDED by Charles Wehrly; DISCUSSION: The Commissioners decided it is better to leave the recently placed material as is to avoid further disturbance to the wetlands. IN FAVOR: Paul Smith, Charles Wehrly, Brendan McKeown, Robert McIntyre; OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0
IV. NEW BUSINESS
A. 10-006 Dunkin Downie
Develop the site for office and warehouse use. A small portion of the wetlands would be filled to accommodate the parking required by Zoning.
6 Center Road West, (Map 26/Lot 6-9)
Business B-4 District
Action: Accept application, determine if significant activity and if Ordinance 71 fees are required.
Attorney David Royston spoke on behalf of the applicant. Attorney Royston explained that this property received an IWWC Permit in December 2007 which expired in 2009. Chairman Smith made a clarification that the property was part of an area designated not to be wetlands in the 1970’s and was subsequently filled. The property was filled again sometime between 1988 and 1995 when the area was developed. In 1998 an IWWC permit was granted using wetland flaggings done in 1996. That permit expired in 2003 and was granted a two year extension until 2005.
An application was made in 2007 as discussed earlier by Attorney Royston. In 2007 a wetland permit was granted that expired in 2009. Now, because the permit expired, the Applicant has filed a new application. Chairman Smith noted a change in the proposed construction of the berm; and, requested clarification on the date and nature of the wetland flagging stated on page 2 of the application. Attorney Royston will clarify the date and nature of the wetland flaggings for the next meeting.
Other changes to the plans found by Kelly Volansky were the septic layout, a new 12 inch pipe, the berm and different islands. Robert McIntyre asked if more filling will be done to the site. Attorney Royston did not believe so, but was requested to have the engineer attend the next meeting to clarify these issues. Since the previous application contains important information Attorney Royston would like the previous file 07-017 incorporated into this new file application. Chairman Smith agreed with this request; and, Charles Wehrly added that the minutes from the last application would be helpful as well. Chairman Smith also asked Attorney Royston to provide a comparison of the most recent plans with the previous plans he referred to by overlaying that information onto a new set of plans.
MOTION to accept application #10-006 Dunkin Downie to develop the site for office and warehouse use. A small portion of the wetlands would be filled to accommodate the parking required by Zoning at 6 Center Road West, (Map 26/Lot 6-9). MADE by Robert McIntyre, SECONDED by Brendan McKeown; NO DISCUSSION. IN FAVOR: Paul Smith, Charles Wehrly, Brendan McKeown, Robert McIntyre; OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0
The Commission will determine significant activity or the need to collect Ordinance 71 Fees at the next meeting.
B. 10-005 Barbara Leroy Rutigliano
Proposal to restore onsite wetlands by removal of fill and planting the site with native wetland vegetation.
57 Vincent Avenue, (Map 13/Lot 134)
Residential A District
Action: Accept application, determine if significant activity and if Ordinance 71 fees are required.
Attorney Keith Ainsworth and Dr. Steven Danzer, a wetlands scientist, were present to represent the applicant. Kelly Volansky and Attorney Eric Knapp noted that the filling of the wetlands has been an issue with this property since complaints were received in 2002 followed by several other violations and complaints, including more filling of the tidal and inland wetlands. Richard Snarski, soil scientist, delineated inland wetlands on this property for the property owners in 2004.
Dr. Danzer’s report referenced his previous reports dated 2009 and 2010. Dr. Danzer’s most recent report indicates his position that the property is in a flood plain of a tidal watercourse. Plans submitted by the Applicant from 2004 included inland wetland and tidal wetland boundaries.
Chairman Smith explained that the numerous maps submitted with the application were confusing and they should be relabeled in sequence. The Restoration Plan should include the inland wetland boundary markings found on sheet 3 of 3. Chairman Smith encouraged all Commission members to go to the town hall to review the previous files on this property to better understand the history.
Due to the public interest in this property and the nature of the previous and currently proposed wetland disturbance, excavating and planting in the wetlands, Chairman Smith feels it may be deemed a significant activity
MOTION to accept application #10-005, Barbara Leroy Rutigliano to restore onsite wetlands by removal of fill and planting the site with native wetland vegetation at 57 Vincent Avenue, (Map 13/Lot 134). MADE by Robert McIntyre, SECONDED by Charles Wehrly; DISCUSSION: Robert McIntyre asked why the history is relevant, isn’t it just a restoration? Attorney Knapp replied that because the original fill was done without a permit, members must treat this application as if the wetlands were never filled and that the original wetlands still exist. Members must treat this as a package of activities. Was the original fill and restoration significant? The State Statute refers to how to avoid damaging the wetlands. Restoration is the last option because it is
difficult to get back what was originally there. Damage was done when the property owner filled without a permit. Attorney Ainsworth stated that the Applicant’s main goal is to get the parcel back in regulatory compliance. IN FAVOR: Paul Smith, Charles Wehrly, Brendan McKeown, Robert McIntyre; OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0
MOTION to deem activity significant for application #10-005, Barbara Leroy Rutigliano and hold a public hearing on June 17, 2010 at the Pasbeshauke Pavilion at Saybrook Point Park 155 College Street Extension at 7:30PM. MADE by Brendan McKeown, SECONDED by Charles Wehrly; DISCUSSION: Robert McIntyre does not feel it will have an impact on adjacent wetlands. IN FAVOR: Paul Smith, Charles Wehrly, Brendan McKeown; OPPOSED: Robert McIntyre; ABSTAINED: None; APPROVED: 3-1-0
Charles Wehrly recommended that Commission members visit the site prior to the public hearing. Individual site walks will be coordinated with the property owner. Chairman Smith asked Attorney Knapp if the Commission can require the Applicant’s previously hired consultant to attend the Public Hearing; and, Attorney Knapp responded that you can ask, but you cannot require them to attend.
MOTION to collect Ordinance 71 Fees for legal and soil scientist consultants for application #10-005, Barbara Leroy Rutigliano. MADE by Robert McIntyre, SECONDED by Brendan McKeown; NO DISCUSSION; IN FAVOR: Paul Smith, Charles Wehrly, Brendan McKeown, Robert McIntyre; OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0
C. VIOLATION: Daniel L. Egbert and Diana J. Petrovay
Unauthorized and prohibited activity within the conservation easement restriction area and 100’ of inland wetlands.
12 Trask Road, (Map 21/Lot 72)
Residential A-District
Daniel Egbert was present for tonight’s meeting. Chairman Smith reviewed the Cease & Desist order sent to the property owner with the Commission members. The property was developed under a wetlands permit which established a conservation easement. The Cease and Desist order made by IWWCEO in May 2010 was for activity occurring in the Conservation Easement area. Chairman Smith noted the same property owner was issued a C & D in 2007 for similar activities.
Emails from the property owner to staff indicated the need to travel through conservation area to construct a pool on the property. No silt fence was erected and crushed stone was placed in the conservation easement apparently to aid in the traction for trucks through the area. After communications with staff and receipt of C&D order, trucks continued to pass through the area. Dan Egbert, property owner, said he thought the access point was approved with zoning. He stated he opened the C& D order on Sunday; and, that the trucks entered the wetlands on Sunday without his knowledge. He agrees he was in violation; and, is willing to work with the Town to remediate the disturbance that was created.
The property owner expressed his frustration with the public coming on to the conservation easement land. He would like to know what can he do on the property and how can he keep people out of there. Chairman Smith reminded him that the people may be parking on Town property. Town generally owns up to 10 feet from the edge of the road. Mr. Zemineski, a neighbor in the audience, asked the Commission if he can put up no trespassing sign. Currently, the conservation easement prohibits the posting of signs. They feel they may be able to get assistance from the police if no trespassing signs are posted. A suggestion from the Chairman was that once the property owner determines where the easement and their property boundaries are, the Commission might be willing to allow the
placement of large rocks within the conservation easement to prevent cars from entering the area.
Robert McIntyre does not feel the wetlands were intentionally disturbed and that the owner mistakenly thought that the contractor had approval for access to install the pool. He also feels that the owner should be able to post a no trespassing sign to keep people out of the wetlands on his property and a placement of rocks for a natural barrier to prevent access to the wetlands. In addition a plan needs to be made to repair the damage done by the trucks. Chairman Smith advised the owner to contact the IWWCEO for any future activity plans in the wetlands on his property.
MOTION to assess a fine in the amount of $500.00 for property located at 12 Trask Road, (Map 21/Lot 72). MADE by Paul Smith; The motion was not seconded.
MOTION to assess a fine in the amount of $100.00 for property located at 12 Trask Road, (Map 21/Lot 72). MADE by Paul Smith; SECONDED by Brendan McKeown; NO DISCUSSION: IN FAVOR: Paul Smith, Brendan McKeown; OPPOSED: Charles Wehrly, Robert McIntyre; ABSTAINED: None; DENIED: 2-2-0
MOTION to require property owner of 12 Trask Road to restore the wetland area disturbed as described in the C & D order dated 5/12/2010 by clearing the stone and leveling the area to eliminate ruts using a small bobcat and by hand as needed, and planting grass. Existing undisturbed areas are not to be disturbed during this restoration. MADE by Brendan McKeown; SECONDED by Paul Smith. MOTION AMENDED to allow fill to be brought in, if necessary, to reestablish the previous elevation. No further maintenance of the area will be allowed. All grasses shall be allowed to grow naturally with no further restoration or maintenance of the area including fertilizers. MADE by Robert McIntyre; SECONDED by Charles Wehrly; NO DISCUSSION. IN
FAVOR: Paul Smith, Charles Wehrly, Brendan McKeown, Robert McIntyre; OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0
MOTION to allow property owner of 12 Trask Road to place natural barriers, such as boulders within the conservation easement located on applicant’s property to prohibit automobiles from access through the conservation easement. Boulders are not to be placed in the Town right of way. MADE by Paul Smith; SECONDED by Robert McIntyre; MOTION AMENDED to include placement of signs indicating private property and no trespassing as specified by state regulations; NO DISCUSSION. IN FAVOR: Paul Smith, Charles Wehrly, Robert McIntyre, Brendan McKeown; OPPOSED: None; ABSTAINED: None; APPROVED: 4-0-0
V. REGULAR BUSINESS
- Staff Report – Kelly Volansky reported on the following:
- 4 & 6 Center Road West – Observed digging for depth of water table for rain garden. Area behind warehouse cleaned up.
- Fulkerson-Spencer Plains Road – Owner would like to fill in depression in center of parking lot. Cannot fill the depression used for drainage, per Commission. Must present formal application with viable options for site.
- 23 Quarry Street - Seeding done along the path as required. Rear portion of site which was to be left alone with 12” of herbaceous vegetation was recently mowed. Homeowner may use area for passive pleasure without mowing the area.
- Classic Car Wash – ready to plant area, but overgrown with cattails and Phragmites. Need time to eradicate before they can plant grass. Commission instructed staff to extend permit for 6 months with eradication being done by a qualified soil scientist.
- Mark McGuire is no longer on the EDC board; therefore, the IWWC needs a replacement representative from the EDC.
B. Representative & Subcommittee Reports – none
C. Correspondence – none
- Approval of Minutes – March 18, 2010 and April 15, 2010
MOTION to approve the minutes of March 18, 2010 with a correction made to page 4. It should read 6 inches rather than 6 feet. MADE by Paul Smith; SECONDED by Robert McIntyre. IN FAVOR: Paul Smith, Robert McIntyre, Charles Wehrly, Brendan McKeown; OPPOSED: None; ABSTAINED: none; APPROVED: 4-0-0
MOTION to approve the Minutes of April 15, 2010. MADE by Robert McIntyre; SECONDED by Charles Wehrly; IN FAVOR: Paul Smith, Robert McIntyre, Brendan McKeown, Charles Wehrly, Charles Sohl; OPPOSED: None; ABSTAINED: none; APPROVED: 4-0-0
VI. ADJOURNMENT
MOTION to adjourn the meeting at 10:15 p.m. until the next regular meeting at the Pasbeshauke Pavilion at Saybrook Point Park 155 College Street Extension on June 17, 2010. MADE by Paul Smith; SECONDED by Charles Wehrly. IN FAVOR: Paul Smith, Brendan McKeown, Charles Wehrly, Robert McIntyre; OPPOSED: None; ABSTAINED: none; APPROVED: 4-0-0
Respectfully Submitted,
Joanne Rynecki, Clerk
| 
