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Inland Wetlands & Watercourses Commission Minutes 09/16/2010
MINUTES
REGULAR MEETING
THURSDAY,  September 16, 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.  Five commission members were seated to vote.  

II.     ROLL CALL

Attendant Members
Paul Smith, Chairman
Robert McIntyre
William Pollock, Secretary
Charles Sohl, Vice Chairman
Charles Wehrly

Absent Members
Brendan McKeown
Kimberly Gallagher

Attendant Staff
Joanne Rynecki, Clerk
Chris Costa, Enforcement Officer

III.    OLD BUSINESS

        A.      10-009          Charles & Julie Polka
A 10’ x 10’ addition to existing upper deck and stairs for yard access.  Adding lower deck for walk out basement.  
6 Stone Boat Road, (Map 47/Lot 20)
Residence AA-1 District
Action: Review and Act

Attorney Ed Cassella was present to represent the Applicant.  The Applicant was also present.  Chairman Smith directed the Members to review the August 30th letter from Mr. Polka which requests to separate the application into two separate applications.  The upper deck and stairs will be part of the current application and the lower deck will be in a separate Application sometime in the future.  
The Members were given a copy of an existing administrative Permit #10-004 issued to the Applicant in the April 16, 2010 to remove debris, re-grade, seed and plant specified plantings along the fringe of the wetlands on the northeast side of the property.  Photos were included to show the grading and Chairman Smith confirmed in a site visit that the work was complete.  Attorney Cassella added that the fringe plantings will be done as we are now entering a new planting season.  
There was discussion regarding the lower deck, but it was confirmed by Attorney Cassella that the Application before this Commission tonight will be for a 10’ x 10’ addition to the existing upper deck and stairs for yard access.    

MOTION to approve Application #10-009 for property located at 6 Stone Boat Road for a 10’ x 10’ extension to the existing upper deck and adding stairs for yard access as shown on the plan dated August 9, 2010.  MADE by Robert McIntyre;  SECONDED by William Pollock..  NO DISCUSSION.  IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0

IV.     NEW BUSINESS

A.      10-010          J. A. Fedorich Realty, LLC
3,463 sq. ft. expansion of the existing veterinary office.  A storm water detention basin.
21 Spencer Plain Road, (Map 25.Lot4)
Action:   Accept application, determine if significant activity and if Ordinance 71 fees are required.

Stuart Fairbanks of Angus McDonald represented the Applicant.  Mr. Fedorich, the Applicant, was also present.  Chairman Smith pointed out to the members that the Application references the extension of the building, but only the storm water detention basin is within the 100 foot upland review area.  Charles Sohl advised the Commission that he is a client of the Applicant, but feels he can be unbiased in the review of this Application.  Chairman Smith confirmed with Dr. Fedorich that Commissioner Sohl may remain seated for this Application.

Mr. Fairbanks explained that the veterinary office currently has 5 boarding kennels and the proposed building addition will increase the kennel capacity to 35 boarding kennels.  As part of the building addition the parking area will be increased thereby increasing the area of impervious surfaces.  The plan includes the addition of a storm water detention basin to accommodate the increased runoff from the property.  The discharge from the post construction site during the 2, 10, 50 & 100 year storm events will be slightly reduced from existing discharges.  Storm water from the front of the property is directed towards the existing drainage system in the street; and, the storm water from the rear two-thirds of the property will be directed into the new detention basin.  The proposed sanitary system has been approved by the Health District.  The property is serviced by well and public water.  

Mr. Wehrly asked for plans for the management of the solid waste from the gravel dog run area.  Chairman Smith noted that there is 150 feet of filtration through the ground before the wetlands and 75 feet before the detention basin.  However, the Commission would like to see a waste management plan stated on the plans at the next meeting along with the following:
  • Location of the stockpile area as referenced in Note #1;
  • A detail of the proposed pond berm construction;  
  • Correct the graphic label from “AA” to “CC” on the leach filed cross section; and,  
  • Consider moving the proposed tree location and/or the sanitary leach field to a location further away from one another to eliminate tree roots from entering the leach fields.
MOTION to accept Application #10-010 for a 3,463 sq. ft. expansion and a storm water detention basin.  MADE by Robert McIntyre;  SECONDED by Charles Sohl.  DISCUSSION:  Include the amount of material to be removed for the detention basin and the amount of material being replaced for the berm on the plans for the next meeting on October 21, 2010.   IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0

MOTION to deem activity not significant for Application #10-010.  MADE by Robert McIntyre;  SECONDED by William Pollock..  NO DISCUSSION.  IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0

MOTION not to require Ordinance 71 fees for Application #10-010.  MADE by Robert McIntyre;  SECONDED by William Pollock..  NO DISCUSSION.  IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0


B.      10-011          Steven M. Walter
Residential addition on the rear of the house.
19 Dibble Road, (Map 46/Lot 6-10)
Action: Accept application, determine if significant activity and if Ordinance 71 fees are required.

Mary Walter, the property owner, was present at the meeting.  She explained to the Members that she is in the planning stages of adding a 3 story addition to the rear of her home.  The ground floor (basement) might be storage or a garage, the second floor might be a kitchen and the third floor might include a new bathroom.  She is here tonight to review any restrictions she should be aware of due to the fact that the property is entirely in the 100 foot wetland review area.

Paul Smith did a site visit at the property and observed the wooded wetland areas and a mowed lawn area which appeared from the map to be within the flagged wetland area.  Commissioner Sohl asked how long the wetland area has been mowed.  Ms. Walter stated that it was mowed when she purchased the property eight years ago.  Commissioner Wehrly stated that if the lower level addition will contain a garage then the plans should specify the type of driveway material to be used due to the proximity to the wetlands. Chairman Smith stated that any stockpiles should be as far away from the wetlands as possible and if a deck is proposed it should be added to the application.

MOTION to accept Application #10-011 for an addition to the rear of the house.  MADE by Robert McIntyre;  SECONDED by Charles Sohl.  NO DISCUSSION. IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0

MOTION to deem activity not significant and not to collect Ordinance 71 Fees for Application #10-011.  MADE by Robert McIntyre;  SECONDED by Charles Sohl. NO DISCUSSION.  IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0

C.      10-012          Michael Wasyl
        Renovation and 5 foot extension of kitchen.  Eliminated 12’ x 28’ deck.
        19 Fox Hollow Road, (Map 55/Lot 18)
        Action: Accept application, determine if significant activity and if Ordinance 71 fees are required.

There was not a representative for the Applicant at the meeting.  Chairman Smith advised the members that the work stated in the Application is complete.  The property owner is also in the process of obtaining Zoning and Building approval for the work stated in the Application.  Chairman Smith requested that a representative attend the October meeting to clarify if a deck will be installed.  The Application does not include a deck or stairs, but the photos show flashing along the bump out addition and a door with a 2-3 foot drop off.   If a deck is proposed it should be made part of the application for next month.


MOTION to accept Application #10-012 for the renovation and 5 foot extension of kitchen.  Elimination of 12’ x 28’ deck.  MADE by Robert McIntyre;  SECONDED by William Pollock.  DISCUSSION: Applicant must provide clarification on the deck for the next meeting. IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0

MOTION to deem activity not significant and not to collect Ordinance 71 Fees for Application #10-012.  MADE by Robert McIntyre;  SECONDED by Charles Sohl. DISCUSSION:  Provided an engineer review is not required if a deck is added to the plan.  IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0



MOTION to amend the Agenda to add a Discussion in Section VI. A. on 23 Quarry Street.  MADE by Robert McIntyre;  SECONDED by William Pollock. NO DISCUSSION.  IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0


V.      VIOLATION

A.      Daniel L. Egbert and Diana J. Petrovay
Failure to respond to violation relating to unauthorized and prohibited activity within the conservation easement restriction area and 100’ of inland wetlands from May 2010.
12 Trask Road, (Map 21/Lot 72)

The Applicant, Mr. Egbert, was present for tonight’s meeting.  Chairman Smith explained to the Members that he was at the site today and observed the pathway in the conservation area with some vegetation beginning to grow back.  Mr. Egbert submitted a formal application and fees to Chris Costa at the meeting.  Mr. Smith asked Mr. Egbert to work with Ms. Costa to determine the appropriate grasses to plant in the remediation area.


MOTION to accept Application #10-013 to remediate prior violation of gravel left behind by contractors.  MADE by Robert McIntyre;  SECONDED by Charles Sohl.  DISCUSSION: Add the address of 12 Trask Road. Chairman Smith reviewed the history of the violation for Mr. Sohl who was not in attendance when the violation was heard in May 2010. IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0

MOTION to deem activity not significant and not to collect Ordinance 71 Fees for Application #10-013.  MADE by Robert McIntyre;  SECONDED by Charles Sohl.   IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0


The Commissioner paused the meeting at 8:40pm

The Commissioner resumed the meeting at 8:45pm

VI.     REGULAR BUSINESS

  • Staff Report/ Discussion - Ms Costa reviewed with the Commission several complaints she received regarding 23 Quarry Street.  Chris Costa made numerous site visits to the property in the last week and spoke to Richard Snarski, the soil scientist and determined that the owner, Ms. Owen was removing woody debris by hand from the edge of the wetlands on her property, as allowed under the permit, and found an area of the wetlands littered with household debris.  Ms Owen contracted with her landscaper to remove some of the debris using a small machine.  In order to reach the area several plantings were removed, including some that were already dead.  Ms. Owen will replace the plantings.  This commission originally approved the construction of the house with consideration of the wetlands and the impact on the wetlands while supporting the right to develop the property and allow the owner the right to enjoy and maintain the property.  This Commission does not agree with the allegations of the neighbors that the wetlands have been adversely disturbed and authorizes further permitting issues to be handled administratively.
  • Representative & Subcommittee Reports – Robert McIntyre reported that the Planning Commission has not received a formal application from the Preserve.  Charles Sohl reported that the Zoning Commission will be hearing the restoration plans from Saybrook Point Inn for the Clark house across the street from the hotel.  Chris Costa reported that Ferry Point project is delayed due to financing issues and Zoning has not received a new application from Between the Bridges.
  • Correspondence – include in packets
  • Approval of Minutes – August 19, 2010
MOTION to approve the minutes of August 19, 2010.  MADE by Robert McIntyre;  SECONDED by William Pollock.   DISCUSSION:  Correct the property address in item V.A. to read “6 Stone Boat Road”.  IN FAVOR:  Paul Smith, Robert McIntyre, Charles Sohl, and William Pollock; OPPOSED: None; ABSTAINED: Charles Wehrly;  APPROVED: 4-0-1


VII.    ADJOURNMENT

MOTION to adjourn the meeting at 9:29 p.m. until the next regular meeting at the Pasbeshauke Pavilion at Saybrook Point Park 155 College Street Extension on October 21, 2010.  MADE by Robert McIntyre;  SECONDED by William Pollock.   IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 5-0-0


Respectfully Submitted,

Joanne Rynecki

Joanne Rynecki, IWWC Clerk