MINUTES
REGULAR MEETING
THURSDAY, August 19, 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. All commission members were seated to vote.
II. ROLL CALL
Attendant Members
Paul Smith, Chairman
Robert McIntyre
William Pollock, Secretary
Charles Sohl, Vice Chairman
Kimberly Gallagher arrived at 7:32 PM
Absent Members
Brendan McKeown
Charles Wehrly
Attendant Staff
Joanne Rynecki, Clerk
Chris Costa, Enforcement Officer
Attorney Eric Knapp
III. PUBLIC HEARING
A. 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: Continue Public Hearing
This is a continuation of Public Hearing opened on June 17, 2010, postponed at the July 15th meeting, at the request of the applicant, and is reconvening this evening. Commissioner Sohl was not present for the first meeting on June 17, 2010, but has reviewed the material. The Applicant’s Attorney stated that there was no objection to allowing Commissioner Sohl to vote on this Application.
Attorney Ainsworth explained that the new plans include the amount of fill to be removed from the site to be 142 cubic yards. The septic system shown in the plans will remain. The Applicant was unable to obtain a written letter from the Health District as to the septic system configuration due to the lack of as-built information on file. The Attorney for the Applicant stated that they received a verbal approval from the Health District for the proposed changes to the site elevations as they relate to the septic system location. A 3-1 slope will be maintained from the edge of the 10 foot wide vegetative plantings. There will be a 2 foot flat area between the edge of the slope to the septic the tank.
Chairman Smith noted that the revised plans were lacking a revision date. Chairman Smith instructed the Members and Staff to mark the plans as Exhibit A 7, 8 & 9 with a revision date of August 19, 2010.
Charles Sohl asked how the Applicant intends to maintain a straight line along the vegetative area and maintain a 3-1 ratio with the varying elevations across the yard. Attorney Ainesworth agreed that the slope must be no greater than a 3-1 ratio and the slope will need to vary along the vegetative area to maintain the constant line for the top of slope.
Kimberly Gallagher is concerned with how the Applicant intends to obtain the 2 foot buffer between the slope and the septic tank, as indicated on the plans, if the elevation increases from 4 feet to 7.7 feet with in an eight foot distance from the vegetative plantings it would appear that they will run into the septic tank. Chairman Smith suggested holding a 2 foot buffer off the septic tank, building the 3-1 slope, and either 1) change the elevation of the planting bed from 4ft to 5ft to maintain 3-1 slope; or, 2) plant the vegetation on the 3-1 slope; or, 3) have a planting zone less than 10 feet wide where the slope would exceed eight feet in width.
The plans do not mention if the Applicant plans on mowing the area adjacent to the plantings and if the anti tracking pad will it be removed upon completion of the project. Attorney Ainsworth confirmed with the Applicant that the area adjacent to the wetland plantings will not be mowed and the anti-tracking pad used during construction will be removed. In addition, as requested by the Commission, the stock pile will be relocated away from the septic leach fields to prevent damage to the leach fields.
The conditions agreed to by the Applicant and their Attorney related to this Application are:
- maintain a maximum 3-1 slope in the rear “tow of slope”, which slope may be encroached by plantings in order to maintain the 10 ft planning zone;
- relocate the tracking pad further to the south and west immediately adjacent to the property line;
- relocate the stock pile to the south and east and in a rectangle form and in an east west direction parallel to the paper road to avoid damaging the septic leach field;
- a silt fence must be placed around the new stockpile area;
- tracking pad and stockpile to be removed and the areas returned to lawn when project is complete.
- 3-1 slope in an approximately 10 ft wide buffer, to be planted with salt tolerant grasses, will not be mowed and will be left in a natural state.
Chairman Smith instructed the Applicant to provide revised plans that will include the conditions agreed to above to IWWC staff prior to construction.
Public Hearing opened for comments from the public
No comments from the public
Close the public portion of the Public Hearing
MOTION to close the Public Hearing for Application #10-005 Barbara Leroy Rutigiliano. MADE by Robert McIntyre; SECONDED by Charles Sohl. IN FAVOR: Paul Smith, Robert McIntyre, Kimberly Gallagher, William Pollock, Charles Sohl; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0
MOTION to open deliberations for Application #10-005 Barbara Leroy Rutigliano. MADE by Robert McIntyre; SECONDED by Charles Sohl. IN FAVOR: Paul Smith, Robert McIntyre, Kimberly Gallagher, William Pollock, Charles Sohl; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0
MOTION to approve the plan of restoration dated 8/19/2010 as shown on Exhibit A- 7, 8,& 9 with the 6 conditions outlined for Application #10-005 Barbara Leroy Rutigliano, 57 Vincent Avenue, Map 13/Lot 143. MADE by Kimberly Gallagher; SECONDED by William Pollock. NO DISCUSSION. IN FAVOR: Paul Smith, Robert McIntyre, Kimberly Gallagher, William Pollock; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0
IV. OLD BUSINESS - None
V. NEW BUSINESS
- 10-009 Julie and Charles Polka
Adding stairs to existing deck for yard access. Adding lower deck for walk out basement. Building small shed (6’x8’) on side of garage.
3 Stone Boat Road, (Map 47/Lot 20)
Residence AA-1 District
Action: Accept application, determine if significant activity and if Ordinance 71 fees are required.
Charles Polka was present to explain the site development plan titled Lot 14 Willow Brook Farm Subdivision dated April 10, 1997, with a revision date of August 9, 2010. Changes to the original application will be to increase to the size of the upper deck by approximately 100 feet (10 x 10) and the deletion of the shed proposed for the side of the garage. The deck stairs are as originally proposed and the increase in the upper deck will be to the north side of the deck and will not expand towards the wetlands. The lower deck will mirror the footprint of the existing upper deck. Currently there are pavers placed in the ground below the upper deck with large gaps between the pavers. The columns that support the upper deck will remain in place with no changes to the location of the column
supports; however, the upper deck itself will be reinforced where needed. Mr. Polka stated that the difference in elevation between the existing paver stones and the finished lower level doorway is 3-4”. Chairman Smith pointed out that the area where the lower level deck is proposed will need to be excavated approximately 2 ft deep to allow for the crushed stone and wood frame for the deck. The excavation work is all within the 100 foot upland review area and will need to be excavated by hand with a silt fence installed during construction. The hammerhead driveway shown on the plans is not as built. Chairman Smith added that all delivery trucks will need to park on the road, existing pavers will be removed from site and a cross section of the lower deck construction must be provided to staff prior to the next meeting. The commission would prefer cedar wood used on the lower deck. Pressure treated wood contains chemicals and is discouraged so
close to the wetlands
MOTION to accept Application #10-009 Julie and Charles Polka to add a stairway and increase the size of the existing upper deck by 10 x 10 feet and add a 10 x 24 foot lower deck to be placed under the existing deck at ground level. 3 Stone Boat Road, (Map 47/Lot 20). MADE by William Pollock; SECONDED by Robert McIntyre. NO DISCUSSION. IN FAVOR: Paul Smith, Robert McIntyre, Kimberly Gallagher, William Pollock, Charles Sohl; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0
MOTION to deem Application #10-009 Julie and Charles Polka not significant. MADE by Kimberly Gallagher; SECONDED by Robert McIntyre. DISCUSSION: Work is being done 2 to 10 feet from the wetlands therefore, no machinery will be used. IN FAVOR: Paul Smith, Robert McIntyre, Kimberly Gallagher, William Pollock; OPPOSED: Charles Sohl; ABSTAINED: None; APPROVED: 4-1-0
MOTION not to require Ordinance 71 fees for Application #10-009 Julie and Charles Polka. MADE by Robert McIntyre; SECONDED by William Pollock. NO DISCUSSION. IN FAVOR: Paul Smith, Robert McIntyre, Kimberly Gallagher, William Pollock, Charles Sohl; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0
The Commission Members discussed 2009 Legislation and Regulation Advisory received in the Members packets. The change allows any permit issued during the period from 7/1/2006 to 7/1/2009 to expire not less than 6 years from the date of approval and not more than 11 years from date of approval. This information is important for the next agenda item.
C. 08-012 Econo Lodge Inn & Suites
Extension of permit expiration date. Permit expiration date is 10/18/2010.
1750 Boston Post Road, (Map 25.Lot4)
Business B-4 District
Action: Review and Act
The Applicant was not in attendance, but has provided a letter to the Commission requesting an extension of the permit to erect a fence along the west/south/east lines of the property. The work has been delayed due to a law suit against the contractor. The members agreed to extend the permit for an additional 4 years to October 18, 2014, as allowed under the 2009 Legislation.
MOTION to approve the extension of Permit #08-012 to 10/18/2014. MADE by Robert McIntyre; SECONDED by William Pollock. NO DISCUSSION. IN FAVOR: Paul Smith, Robert McIntyre, Kimberly Gallagher, William Pollock, Charles Sohl; OPPOSED: None; ABSTAINED: None; APPROVED: 5-0-0
VI. REGULAR BUSINESS
A. Staff Report – IWWC Enforcement officer position has been posted internally, and will be posted externally.
B. Representative & Subcommittee Reports – The Zoning Commission meeting was cancelled for August due to the applicant, Marina Village, withdrawal of the application.
C. Correspondence – include in packets
- Approval of Minutes – July 15, 2010
MOTION to approve the minutes of July 15, 2010. MADE by Robert McIntyre; SECONDED by William Pollock. NO DISCUSSION. IN FAVOR: Paul Smith, Robert McIntyre, Kimberly Gallagher, William Pollock; OPPOSED: None; ABSTAINED: Charles Sohl; APPROVED: 4-0-1
VII. ADJOURNMENT
MOTION to adjourn the meeting at 9:55 p.m. until the next regular meeting at the Pasbeshauke Pavilion at Saybrook Point Park 155 College Street Extension on September 16, 2010. MADE by Paul Smith; SECONDED by William Pollock. IN FAVOR: Paul Smith, Kimberly Gallagher, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none; APPROVED: 5-0-0
Respectfully Submitted,
Joanne Rynecki, IWWC Clerk
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