MINUTES
REGULAR MEETING
Thursday, April 21, 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, entered at 7:38 p.m.
William Pollock, Secretary
Robert McIntyre
Charles Wehrly
Kimberley Gallagher
Chairman Paul Smith noted that all members would be voting this evening.
Members Absent
Brendan McKeown
Staff Present
Sandy Prisloe, Inland Wetlands Enforcement Officer
Kathleen Noyes, Recording Clerk
III. PUBLIC HEARING
A. 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
P. Smith opened the Public Hearing at 7:40 p.m.
S. Fairbank, PE, with McDonald, Sharpe & Associates presented for the applicant. He gave an overview of the project referring to sheet 1 of 1, dated 2/23/11. He also referred to revised plans, sheet 3 of 5, dated 4/20/11. He discussed the storm water detention/filtration plan and the impact to the wetlands. The existing westerly edge of the property line consists of 20-30 feet which is within the 100 foot upland review area. There are two halves to the property. One half drains to the west and one to the east. The proposal involves removing some of the pavement in the regulated area and re-vegetating it.
S. Fairbank explained that the proposal incorporates best management practices for the drainage system. There are subsurface galleries proposed for the site, and the vortechnic structure will remove 80% of the suspended solids.
S. Fairbank referred to a letter dated 4/21/11 from Jeff Jacobson in which he reviewed the proposal and made comments and suggestions. J. Jacobson stated in the letter that the proposed system would store the difference in drainage. It will drain and infiltrate. The timber frame level spreader will spread the flow so there will not be any erosion on the down hill side.
S. Fairbanks said that the proposed West Marine building has been moved to a different area of the site, which is farther from the upland review area. This is beneficial because although it is still impervious, it will be pavement rather than the building in that area.
Stephanie Fuss, project landscape architect, reviewed her landscape plan, dated 3/15/11. She talked about the area to be buffered to the north and west. She discussed the types, numbers and heights of trees to be planted which included Eastern Red Cedar, Blue Point Juniper and Eastern White Pine. She said 50% of the species will be native and 50% will be adaptable.
She also discussed the proposed 6-foot wide wood chip strip to the west, which will buffer the property and protect it from the abutter’s invasive bamboo.
Peter LaPointe, Vice President of Colvest, spoke regarding the control of the bamboo. He said it needs to be cut weekly for a period of 4-5 years, or it will kill the evergreens and other plantings.
K. Gallagher expressed concerns about the wood chip strip because of the maintenance involved and the IWWC’s wishes to keep activity in the wetland area to a minimum. She asked if stone could be used instead.
S. Fuss said that stone would not be preferable because the bamboo could still grow through the stone, and when the landscaper comes to weed whack it, the stones would fly everywhere.
Ed Cassella, attorney for Colvest, suggested the regulated area be highlighted on the plan. S. Fairbank highlighted it, and entered it into the record. Also, he entered into the record a letter dated 3/7/11 from the CRAHD showing approval for the septic.
P. Smith suggested that the applicant supply a drawing showing a superimposed view of the proposed plantings and the level spreader so everyone will have a clearer picture of how the proposal will impact the drainage in the review area. He also suggested that R. Snarski, soil scientist for the applicant, and S. Prisloe suggest options for the types of plantings that will survive in the review area and supply a detailed report for IWWC Commissioners. He noted that the level spreader maintenance be noted on the land records.
E. Cassella entered into the record the signed green certified return receipts showing that the abutters did receive letters regarding tonight’s public hearing.
Joseph Fedorich, 21 Spencer Plain Road, owner of the Animal Hospital of Old Saybrook, spoke of several concerns. He is concerned about the height of the trees being proposed because he would like to put in solar panels, and he wants to be sure the height of the trees does not interfere with that. Also, he has “huge concerns” about safety because of the height of the proposed trees. He also mentioned concerns about tree roots from the proposed trees being planted and how this will impact his septic system and leeching fields.
P. Smith said that while he understood J. Fedorich’s concerns, the IWWC does not regulate the height of the trees P. Smith added that the town requires a certain number of trees as a buffer to the property.
S. Fairbank said he would be willing to work with Mr. Fedorich on this matter.
Tushar Dadarwala, 1750 Boston Post Road, owner of the Econolodge, asked about the impact of drainage from the proposal onto his property.
P. Smith explained that because of the way the drainage system is set up, it would not directly affect T. Dadarwala’s property.
Laurie Grieder, a property owner in Jensen’s mobile homes, expressed concerns about leaves on her property from all of the additional trees proposed. She said in the fall, there are a lot of leaves on her property, and she wants to be sure there will not be an additional burden to her because of the new trees being planted. She also asked about the woodchips being planted as a buffer to the property and if the wood chips would be blown onto her property.
S. Fuss said that the wood chips are put down in the spring, and by the fall, many are decayed and packed into the dirt, and they shouldn’t blow around very much. Also, she said many of the greens in that area are evergreens so they should not cause additional burden to the Jensen’s mobile home property.
P. Smith asked if anyone else from the Public wanted to speak, and no additional people answered, so he closed the hearing to the public at 8:38 p.m.
S. Fairbank and S. Prisloe said they had a meeting with Jeff Jacobson on 4/21/11 at which they discussed point by point all of the comments J. Jacobson had made regarding the east and west drainage systems. P. Smith asked S. Prisloe to make a synopsis of these verbal comments from the meeting for IWWC Commissioners.
R. McIntyre suggested that before next month’s IWWC meeting, Commissioners go out to the property to specifically look at the northwest corner.
P. Smith asked S. Prisloe to get written verification from Jeff Jacobson that the drainage system to the east does not increase runoff, similar to the system to the west. The reason the IWWC is concerned about the easterly system is because it could affect; areas south and east of Route 1 which does discharge into wetlands and watercourses, and the applicant is required to maintain the current condition of the drainage system.
P. Smith stated the Public Hearing would be continued to the next regularly scheduled meeting of the IWWC which will be on Thursday, May 19, 2011, 7:30 p.m., 302 Main Street, 1st Floor Conference Room without further notice to abutters.
A. 11-005 William Van Wilgen
Installation of 48 sf shed to serve as merchandise checkout for existing seasonal garden center.
1654 Boston Post Road, (Map 26/Lot 39) Gateway Business B-4 District
P. Smith recommended, and Commission members agreed, that this matter should be referred to staff for administrative approval. Bob Criscuolo, PE, who was present to represent the applicant, was asked to contact Sandy Prisloe so he could obtain an administrative permit.
B. 11-006 Charlie and Julie Polka
Construction of a lower deck and elimination of soil erosion and mud accumulation outside of basement doors.
6 Stone Boat Road, (Map 47/Lot 20) Residential AA-1District
Attorney Ed Cassella and Charlie Polka were both present.
E. Cassella noted that in April 2010, the applicant came before the IWWC to request a permit for construction of the upper deck. This permit was granted, but the upper deck has not yet been built. E. Cassella then showed Commissioners photos of the deck.
E. Cassella stated that the grading would be done by hand with no earth removal.
P. Smith had questions about the builder’s drawings, specifically regarding graphic #1 which showed the planks of the decking and graphic #2 which showed the foundation wall. He asked what the lines on graphic #2 represented, and he had concerns about the 3” drop from the threshold of the patio doors to the top of the pavers and the 7” drop at one end of the existing grade and the 4” drop at the other. He also asked what the 5” dimension represented.
P. Smith asked that the builder be present at the next meeting to clarify the drawings.
Commissioners also asked about the stockpile on the plan. Specifically, they asked, what is it needed for? Where is the dirt going and how is it going to get there?
P. Smith asked about the silt fence. He said it needed to be extended, and he wanted more specific information about this because the silt fence is on the edge of the wetland.
C. Wehrly asked about plank spacing in terms of expansion and contraction and he questioned how the deck’s design would aid in the dispersement of accumulated water, elimination of soil erosion and mud accumulation outside of the basement doors.
P. Smith suggested that before the next IWWC meeting, Commission members visit the site, and C. Polka gave permission for them to do so.
MOTION to accept application 11-006 Charlie and Julie Polka; Construction of a lower deck and elimination of soil erosion and mud accumulation outside of basement doors., 6 Stone Boat Road, (Map 47/ Lot 20) Residential AA-1 District; MADE by C. Sohl; SECONDED by R. McIntyre; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher, W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
MOTION to deem application 11-006 Charlie and Julie Polka; Construction of a lower deck and elimination of soil erosion and mud accumulation outside of basement doors., 6 Stone Boat Road, (Map 47/ Lot 20) Residential AA-1 District is not significant and does not require Ordinance 71 Fees.; MADE by R. McIntyre; SECONDED by C. Sohl; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher, W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
A. Staff Report
S. Prisloe reported on a monitoring problem on 23 Quarry Street. He said that Rich Snarski, Soil Scientist, was asked to monitor the property for 3 years. While he did monitor and report on the property last year, this year, the property owner has stated that she does not want to pay for the continued monitoring.
P. Smith asked S. Prisloe to confirm that the monitoring was a condition of approval, and he asked that he check to see if it was filed on the land records. If the requirement for monitoring is on the land records, he also asked S. Prisloe to contact the property owner to let her know that she does not have a choice, and that she must pay for the continued monitoring.
S. Prisloe said he would report back to the IWWC at the next meeting.
R. McIntyre suggested S. Prisloe also contact town counsel to see what the legal options are because this type of situation has occurred before, and the IWWC would like legal advice on how to address it.
S. Prisloe also reported on a spill on the Bessoni property on Ingham Hill Road. He said he and Larry Bonin, Director of Public Works, went out to the property to investigate. They then contacted the fire department who then contacted the DEP who suggested the spill be covered with dirt.
- Representative & Subcommittee Reports
P. Smith thanked Commissioners for their regular attendance at IWWC meetings, and he asked them to notify staff if they will not be able to attend upcoming meetings so we can be sure we will have a quorum, particularly for the upcoming Public Hearing.
K. Gallagher noted that she would not be able to attend either the June or July IWWC meetings. C. Wehrly said that he would not be available to attend the July IWWC meeting either.
P. Smith discussed the letter sent from First Selectman Mike Pace to Christine Nelson, Town Planner, regarding the transfer of regulatory authority of the Aquifer Protection Agency from the Zoning Commission to the IWWC.
P. Smith asked S. Prisloe to find out if the APA regulations are pending or finalized, and if they are finalized, he asked that the IWWC Commissioners receive a copy of them.
D. Approval of Minutes – March 17, 2011
MOTION to approve the minutes of March 17, 2011 as presented; MADE by R. McIntyre; SECONDED by K. Gallagher; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, K. Gallagher, W. Pollock; OPPOSED: none; ABSTAINED: none.; APPROVED: 6-0-0.
VI. ADJOURNMENT
MOTION to adjourn the meeting at 10:20 p.m. until the next Regularly Scheduled Meeting of the Inland Wetlands & Watercourses Commission scheduled for, Thursday, May 19, 2011 in the 1st Floor Conference Room, Town Hall, 302 Main Street.; MADE by P. Smith; SECONDED by K. Gallagher; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Wehrly, C. Sohl, K. Gallagher; W. Pollock; OPPOSED: none; ABSTAINED: none.; APPROVED: 6-0-0.
Respectfully Submitted,
Kathleen Noyes
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