MINUTES
REGULAR MEETING
Thursday, March 17, 2011 at 7:30 p.m.
1st Floor Conference Room
Town Hall, 302 Main Street
I. CALL TO ORDER
Chairman, Paul Smith, called the regular meeting to order at 7:30 p.m.
II. ROLL CALL
Members Present
Paul Smith, Chairman
Charles Sohl, Vice Chairman
William Pollock, Secretary
Robert McIntyre
Charles Wehrly
Kimberly Gallagher
Brendan McKeown, arrived at 7:40 p.m.
Staff Present
Sandy Prisloe, Inland Wetlands Enforcement Officer
III. OLD BUSINESS
A. 10-018 Steven M. Walter
Extension (enlargement) of parking area to new lower level garage and a new 8’ x 10’ shed.
19 Dibble Road, (Map 46/ Lot 6-10)
Mary and Steven Walter were present. Based on comments and suggestions from the commissioners at their IWWC 1/ 20/ 2011 meeting, the Walters’ decided to withdraw their request for a new 8’x10’ shed from their revised plans dated 3/2/11. Because the shed has been removed from the application, IWWC commissioners said that there is no need for additional silt fencing.
There was discussion about driveway runoff and the idea of requiring the applicant to plant additional landscape to provide filtration for the additional drive. After discussion, the commissioners decided that no additional landscaping was necessary.
Commissioners asked that the applicant not use chemicals on the lawn. The applicant said she has been an organic gardener for years now and will not use chemicals on the lawn or plantings.
P. Smith noted that if the applicant decides at a future time to put in a shed or to modify the landscape with additional plantings in the area that is now a large expanse of lawn, that the applicant would need to come before the IWWC with a new application.
Because B. McKeown and W. Pollock were not in attendance at the 1/20/11 IWWC meeting, and they have not reviewed this application, they both abstained from voting.
MOTION to approve application 10-018 Steven M. Walter; Extension (enlargement) of parking area to new lower level garage and NOT a new 8’ x 10’ shed., 19 Dibble Road, (Map 46/ Lot 6-10); MADE by K. Gallagher; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: W. Pollock, B. McKeown; APPROVED: 5-0-2.
B. 11-001 Thomas Sola
Construct single-family residence, including septic system, water service, driveway and site grading.
Vacant Lot on Coulter Street, (Map 37/ Lot 64-1)
Thomas and Eleanor Sola were present at tonight’s meeting. Representing them was Roger Nemergut, PE. Also, in attendance was Rich Snarski, soil scientist.
R. Nemergut had submitted revised plans dated 2/7/11 which IWWC commissioners received in their meeting packets. The revisions reflect the comments and suggestions made by IWWC commissioners at their 1/20/11 meeting. In these plans, there is detail for the decks, porches, doors, stairs, etc. The changes are also based on input from the builder and the potential buyer.
R. Nemergut said the main changes to the plans were as follows: more construction detail was added, a crawl space was added, the water line from the CWC was drawn on the plans off an easement from the existing condos to the north, there was a revised alignment of water service to the new house which is further from the wetland now, and there is a shift in the silt fence to provide protection to the water mane.
P. Smith said he felt the issues and concerns of the IWWC from the 1/20/11 meeting had been addressed.
P. Smith and C. Sohl asked that the plans be corrected to more clearly label the silt fence and the proposed water service on the west side above the wetland.
Because W. Pollock and B. McKeown were not in attendance at the 1/20/11 IWWC meeting, and they had not reviewed the application, they both abstained from voting on this application.
MOTION to approve application 11-001 Thomas Sola, Construct single family residence, including septic system, water service, driveway and site grading., Vacant Lot on Coulter Street, (Map 37/ Lot 64-1); MADE by K. Gallagher; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: W. Pollock, B. McKeown; APPROVED: 5-0-2.
MOTION to amend above motion for application 11-001 to show approval per revised plans of 2/7/11 for Thomas Sola, Construct single family residence, including septic system, water service, driveway and site grading., Vacant Lot on Coulter Street, (Map 37/ Lot 64-1).; MADE by K. Gallagher; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: W. Pollock, B. McKeown; APPROVED: 5-0-2.
IV. NEW BUSINESS
A. 11-002 JSML Associates c/o Len DiBella
Minor regarding to expand existing crushed stone parking lot. 1295 Boston Post Road, (Map 27/ Lot 33) Restricted Business B-3 District.
Len DiBella, owner, and Joe Wren, PE, both presented.
P. Smith noted, for the record, that the application was received on 2/17/11 by Town Hall staff on behalf of the IWWC because there was no IWWC meeting for the month of February due to lack of quorum. Therefore, at tonight’s meeting, IWWC commissioners could review, discuss and act on the application.
J. Wren explained that the restaurant and parcel of land to the north are both owned by JSML Associates.
The proposed plans are to put a small addition onto the lounge along with a small retail area, to replace the walk in cooler and freezer and to bring the parking area up to code by adding 7 spaces to the current 52 spaces. No fill is proposed in the wetland. All activity is within or beyond the 100’ review area, not within the wetland.
J. Wren stated that per Zoning Regulations, they are required to have 65 spaces and 24’ aisles. The layout needs to be updated and brought up to Zoning standards dimensionally.
There was discussion about movement of concrete curbs from snowplows. L. DiBella said that every spring a professional landscaper adds gravel, and puts everything back where it was.
New curb stops proposed have drainage holes and they are much larger than the current concrete curbs.
MOTION to approve application 11-002 JSML Associates c/o Len DiBella, Minor regrading to expand existing crushed stone parking lot for 1295 Boston Post Road, (Map 27/ Lot 33); MADE by K. Gallagher; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher, W. Pollock, B. McKeown; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.
B. 11-003 Colvest Old Saybrook, LLC
Retail development including 25, 000 square foot retail building, 3, 910 square foot proposed retail/bank/office building and 1,500 (+/-) square foot retail/office building with assoc. driveways, parking and landscaping as well as septic and drainage systems. 1657-1687 Boston Post Road, (Map 25/ Lots 21 & 22) Gateway Business B-4 District.
Stuart Fairbank, PE, presented for the applicant. Also in attendance were Ed Cassella, project attorney, and Peter LaPointe, owner/applicant.
S. Fairbank explained that this property consists of 2 lots, each approximately 1.5 acres; and the western lot used to be Aleia’s Restaurant. The buildings have been removed, but the foundations remain, and the paved area remains.
Rich Snarski, soil scientist, flagged wetlands 50-60’ offsite to the northwest side of the property.
S. Fairbank submitted plans dated 3/17/11, and he referenced drawing #3779A, the second sheet of the site layout plan.
There was much discussion about drainage. S. Fairbank said the proposal, which has been sent to the state for review, is an improvement from what exists. The current drainage system does not meet current standards. Now everything east of the high point on the property goes into the state drainage system. Best Management Practices would be to design a series of detention galleries. In the current proposal, everything will go into the proposed detention basins. He emphasized that this project has a zero net increase in runoff discharge, meaning it does not impact current drainage. The same or less water is being put into the drainage system.
P. Smith suggested that commissioners look at the 2 parcels of land as 2 halves of the site, each draining to different things.
S. Fairbank further explained that water from the proposed large building flows towards the bank building, and they have redirected the water towards the west.
P. Smith asked that flow arrows be added to the plans around all of the piping for the next meeting.
P. Smith asked for additional proposed silt fence along Route 1.
P. Smith asked the applicant to submit a detailed landscape plan before the next meeting for IWWC commissioners’ packets.
MOTION to accept application 11-003 Colvest Old Saybrook, LLC, Retail development including 25,000 square foot retail building, 3,910 square foot proposed retail/bank/office building and 1,500 (+/-) square foot retail/office building with assoc. driveways, parking and landscaping as well as septic and drainage systems for 1657-1687 Boston Post Road, (Map 25/ Lots 21 & 22); MADE by K. Gallagher; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher, W. Pollock, B. McKeown; OPPOSED: none; ABSTAINED: none.; APPROVED: 7-0-0.
MOTION to deem that activity is significant and Ordinance 71 fees should be required for engineering, legal and soil scientist. 1657-1687 Boston Post Road, (Map 25/ Lots 21 & 22); MADE by K. Gallagher; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; W. Pollock, B. McKeown. OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.
P. Smith said the Public Hearing for this application will be held at the next regularly scheduled meeting of the IWWC which will be on Thursday, April 21, 2011, 7:30 p.m., Town Hall, 1st Floor Conference Room.
C. 11-004 Town of Old Saybrook
Excavation for sidewalk construction. Boston Post Road (State of CT Right of Way between Meineke Muffler and Middletown Plate Glass) Pedestrian Node, Business B-2 District.
Larry Bonin, Director of Public Works, presented. He explained that the sidewalk project started on the easterly side of Route 1, had originally left out the section from Pond Road to Lynde Road due to the wetlands.
L. Bonin submitted, for the record, a letter from Police Chief Spera dated 3/17/11 which is not in support of midblock crosswalks for safety reasons.
L. Bonin explained that the existing guardrail will be maintained, railings will be addedat the back of sidewalk, and there will be minimal impact on the wetland review area. Brush will not be removed. Roots will be left to hold the bank in place. There will be no fill for slopes. Also, the existing garbage will be removed, and the Public Works Department will maintain the area to keep it clean.
MOTION to accept application 11-004 Town of Old Saybrook, Excavation for sidewalk construction, Boston Post Road (State of CT Right of Way between Meineke Muffler and Middletown Plate Glass) Pedestrian Node, Business B-2 District; MADE by K. Gallagher; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; W. Pollock, B. McKeown; OPPOSED: none; ABSTAINED: none.; APPROVED: 7-0-0.
MOTION to forward application 11-004 Town of Old Saybrook, Excavation for sidewalk construction, Boston Post Road (State of CT Right of Way between Meineke Muffler and Middletown Plate Glass) Pedestrian Node, Business B-2 District to staff for administrative approval; MADE by R. McIntyre; SECONDED by K. Gallagher; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; W. Pollock, B. McKeown; OPPOSED: none; ABSTAINED: none.; APPROVED: 7-0-0.
A. Staff Report
P. Smith notified members that the IWWC regulations have to be updated. The updated regulations have been drafted by staff and forwarded to the DEP for their review. A Public Hearing is required before the changes are accepted. The Public Hearing has been scheduled for May 19, 2011.
Also, there is going to be a change to the IWWC fee schedule. Per the Town Code, it has to be part of Chapter 118. Also, modifications to the fee structure are being considered, but this also has to go to Town Meeting per the Town Charter.
Per IWWC commissioners’ request, S. Prisloe said he would check with the town attorney about the IWWC regulating the area beyond the 100’ upland review area.
- Representative & Subcommittee Reports
S. Prisloe talked to commissioners about the Aquifer Protection Agency. The Zoning Commission is currently the agency for the APA. The DEP has approved the boundaries for the Old Saybrook Aquifer which is near Route 9. Non-residential uses need to register their existing uses with the town.
Because the APA has administrative requirements that are more in line with the IWWC than the ZC, it makes sense from an administrative standpoint to make the IWWC the agency for the APA.
A Public Hearing was held on 3/7/11 to discuss this, but no one from the public came.
The Zoning Commission has started to register non-residential uses, and 14 properties have been identified within the area. These 14 properties within the aquifer protection area must register with the town every 5 years.
S. Prisloe also updated the IWWC commissioners on the Bessoni property violations. He said the area has a 3 to 1 slope, hay has been put down, and the area looks nice. Mr. Bessoni has asked about access to the site.
IWWC commissioners all agreed that they want to make it clear to Mr. Bessoni that access to the site is to be blocked. They do not want anything brought in, no vehicles, no sheds, etc.
S. Prisloe said he would report back to Mr. Bessoni that access must be permanently blocked.
R. McIntyre reported that the Planning Commission voted to approve modifications to the 2005 approved Special Exception for “The Preserve” by a 3 to 2 vote.
P. Smith said he was going to talk to M. Pace about getting an Economic Development Commission representative on the IWWC. P. Smith said he would like the IWWC to have a full slate of commissioners.
D. Approval of Minutes – January 20, 2010
MOTION to approve the minutes of January 20, 2011 as presented; MADE by K. Gallagher; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: W. Pollock, B. McKeown.; APPROVED: 5-0-2.
VI. ADJOURNMENT
MOTION to adjourn the meeting at 9:50 p.m. until the next Regularly Scheduled Meeting of the Inland Wetlands & Watercourses Commission scheduled for, Thursday, April 21, 2011 in the 1st Floor Conference Room, Town Hall, 302 Main Street.; MADE by K. Gallagher; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Wehrly, C. Sohl, K. Gallagher; W. Pollock, B. McKeown; OPPOSED: none; ABSTAINED: none.; APPROVED: 7-0-0.
Respectfully Submitted,
Kathleen Noyes
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