MINUTES
REGULAR MEETING
Thursday, May 19, 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
Robert McIntyre
Charles Wehrly
Kimberly Gallagher
Members Absent
Brendan McKeown
Staff Present
Sandy Prisloe, Inland Wetlands Enforcement Officer
Kathleen Noyes, Recording Clerk
III. PUBLIC HEARINGS
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.
Peter LaPointe, project manager; Ed Cassella, attorney; Stephanie Fuss, landscape architect; Ferne Trembley, engineer; and Rich Snarski, soil scientist, were all in attendance to represent the applicant.
Ferne Trembley, engineer from McDonald, Sharpe and Associates, presented first. He explained that the major change in the site plan since the last meeting is that the proposed bank/retail building was shifted from being parallel to Route 1 to being perpendicular to Route 1. Also, there was a revised drainage analysis which was provided to Jeff Jacobson’s office.
Stephanie Fuss, landscape architect, addressed the issue of planting in the regulated area. She said originally she had proposed, in her landscape plan dated 3/15/11, white pines and shrubs. She has since submitted a revised landscape plan dated 5/19/11 showing that the shrubs and wood chips will not be used in the regulated area.
S. Fuss collaborated with Rich Snarski, soil scientist, and together they proposed two possible landscape plans: Plan B and the alternative plan, Plan A. Plan A uses all native plantings in the regulated area. Plan B uses Eastern White Pines planted near the bottom of the level spreader with 2 additional trees north and south of the centrally located tree which will fall on the slope. The white pines will be planted on a 2 to 1 slope, and S. Fuss said the trees would survive if planted on a 2 to 1 slope.
R. Snarski noted that there is not invasive bamboo which was what was stated at the previous IWWC meeting, but instead there is invasive knotweed. The reason he suggested the white pines is because they will shade out the knotweed to prevent it from growing. Much of the knotweed will be removed when the pavement is removed during the excavation process, however, eradication of the knotweed will require herbicide applications for 2 years during which time the property should be monitored. In response to P. Smith’s question, R. Snarski stated that plantings could be planted during the 2 years that the herbicide is being used.
P. Smith asked both S. Fuss and R. Snarski whether they preferred Plan A or Plan B, and both said they would prefer Plan A if there was not knotwood present, but, because there is, they would both suggest Plan B.
IWWC Commissioners had concerns about the trees being planted near the lowest level of the spreader. They asked that the trees not be planted in the 24 elevation but in elevation 25 or above.
C. Wehrly had a question about the drainage on the eastern side of the property. To answer that question, E. Cassella submitted a memo dated 5/19/11 from Kati Mercier, PE, from Jacobson & Associates which is in response to an e-mail from Sandy Prisloe dated 4/26/11 re: storm water runoff. She said the peak rate of runoff would be reduced under the proposed improvements versus the existing conditions.
C. Sohl asked more questions about drainage. F. Trembley said there was a report from J. Jacobson which addresses the revised drainage report. P. Smith asked that a copy be sent to Town Hall staff.
P. Smith asked if anyone from the public would like to speak. Hearing no one and seeing no one, he closed the public portion of the Public Hearing.
During deliberations, P. Smith asked IWWC Commissioners if they preferred Landscape Plan A or Plan B. All agreed that because of the invasive knotweed, they would prefer Plan B.
MOTION to approve 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) to include Landscape Plan B which was revised 5/16/11 and submitted 5/19/11, and that within this plan, there will be no trees planted within the 24 elevation, but at the 25 elevation. Also, the current proposal shows 2 trees planted in the area of the level spreader. These trees should be moved.; MADE by R. McIntyre; SECONDED by W. Pollock; 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 amend above motion to approve 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) to require that the herbicide be applied by a licensed practitioner who uses best practices.; MADE by K. Gallagher; 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.
B. Amendments to Inland Wetlands & Watercourses Commission Regulations
Section 7.5 filing fees, Section 7.7 site plans to include 4 Connecticut State Plane Coordinates, NAD83 ft, Section 7.10 deadline to renew, extend, modify a permit; Sections 7.13, 10.9 and 10.10 per CT DEP requirement, Sections 8 and 9 section numbering, Section 11.9 & 19.5 reference fee schedule to Town Code
P. Smith opened the Public Hearing.
IWWC Commissioners discussed the IWWC fee schedule. P. Smith explained that at this time, no fee changes are being proposed, but at a future date Land Use staff will be preparing proposed fee changes for all of the town’s boards and commissions. He clarified that the fees are just being taken out of the IWWC’s regulations and being put into the Town Code.
P. Smith asked if anyone from the public wanted to speak. Hearing no one and seeing no one, he closed the Public Hearing.
MOTION to approve Amendments to Inland Wetlands & Watercourses Commission Regulations; Section 7.5 filing fees, Section 7.7 site plans to include 4 Connecticut State Plane Coordinates, NAD83 ft, Section 7.10 deadline to renew, extend, modify a permit; Sections 7.13, 10.9 and 10.10 per CT DEP requirement, Sections 8 and 9 section numbering, Section 11.9 & 19.5 reference fee schedule to Town Code. 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.
IV. OLD BUSINESS
A. 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 A District
Ed Cassella, attorney, and Jeff Halayko, project builder, presented for the applicant who was not able to attend tonight’s meeting.
J. Halayko presented amended plans which were cleaner and easier to read than the plans presented to the Commission on 4/21/11. He explained that there is a 1 ½ to 2-yard area of dirt in the upper right corner that needs to be relocated, and that the dirt can easily fit on the other side under the deck. This dirt will be relocated, leveled, and it will be covered with crushed stone to minimize erosion. The stone will be 2’ beyond the deck to handle water run off from the upper deck.
P. Smith asked that herbicides not be used to kill weeds that may grow out of the crushed stone area because of proximity to the wetlands. He asked that weeds be hand removed, and he suggested fabric be put down under the stone to help prevent weed growth.
Silt fencing has already been installed, and it is not in the wetland area.
MOTION to approve amended plans as presented by the builder for 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). Per the IWWC’s request, S. Prisloe, IWO, will make sure the silt fence is in the proper location.; 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.
V. NEW BUSINESS
A. 11-007 Diana Petrovay
Add a 12’x16’ garden shed alongside driveway on a gravel bed. 12 Trask Road, (Map 21/ Lot 12) Residential A District.
Diana Petrovay was present. She said she was awaiting information about appropriate plantings.
After some discussion, P. Smith clarified that the applicant did not need a permit for the plantings, but she did need approval. He asked that S. Prisloe contact R. Snarski for more information about the plantings.
P. Smith advised the applicant not to put in the shed until she receives a permit. He also said S. Prisloe needs to view the site to confirm that the original work is proceeding in regards to the remediation of the violation.
P. Smith said it would be his preference, and IWWC Commissioners agreed, to turn this over to Land Use staff for administrative approval, and for monitoring of remediation of the previous violation.
MOTION to accept application 11-007 Diana Petrovay; Add a 12’x16’ garden shed alongside driveway on a gravel bed., 12 Trask Road, (Map 21/ Lot 12) with referral to staff.; MADE by K. Gallagher; 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.
B. 11-008 William & Ann Lasky
Remove existing deck, and replace with new deck.
3 James Court, (Map 53-30/Lot 6) Residential A District
W. Lasky presented. He submitted the original plans, which illustrated where the 100’ setback is located. He explained that he would like to remove the 8’ x 14’ deck and replace it with a 15’ by 30’ deck. He said he would also like to have a 6’ x 3’ extension of deck at the first floor level. He is planning to do the work himself with his son.
There was some discussion about the stairs for the deck. The stairs will go down towards the driveway, and there are 17’ between the top landing to the bottom riser. P. Smith noted that the stairs should be noted on the drawings.
P. Smith asked about the necessity of a silt fence. S. Prisloe said he drove by the site, and he didn’t think a silt fence was necessary, but he would look into it further.
MOTION to accept application 11-008 William & Ann Lasky; Remove existing deck, and replace with new deck., 3 James Court, (Map 53-30/ Lot 6) with referral to Land Use staff for action and permitting; MADE by K. Gallagher; 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.
S. Prisloe reported that per the IWWC’s request, he spoke to attorney Michael Cronin about how to ensure that a property owner will fulfill his/her responsibility for payment for multi-year monitoring on a property. M. Cronin suggested something similar to a performance bond requirement in which the applicant would pay the town money which would be put into an account. When the monitoring was done, the property owner would receive that money to pay for the monitoring.
P. Smith requested that S. Prisloe talk with C. Nelson about the authority the IWWC would have to request that money, and in what type of an account it would be held, and whose responsibility it would be to oversee and monitor the account.
S. Prisloe said that M. Cronin also stated that this might require an amendment to the IWWC regulations.
S. Prisloe talked about a discussion he had with Joe Wren about a foreclosed property on 2 Sundon Road with a failed septic system. The septic system is within the 100’ review area. S. Prisloe asked if something like this could be handled administratively, or if it would have to be brought before the IWWC. P. Smith said that if there were an emergency, it would have to be handled administratively, with notification to the IWWC Commissioners.
S. Prisloe explained that he is in the process of getting his DEP certification, but until he completes it, he cannot be the duly authorized agent to handle the administrative permits. He said that ZEO Chris Costa currently has her DEP certification, and thus could serve as the duly authorized agent for the commission until S. Prisloe completes his certification, which will be within the year
MOTION to authorize Christina Costa to act on behalf of the IWWC as the duly authorized agent to sign administrative permits; MADE by K. Gallagher; 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.
- Representative & Subcommittee Reports
R. McIntyre reported on discussions at recent Planning Commission meetings about the proposed regionalization changes for CRERPA.
D. Approval of Minutes – April 21, 2011
MOTION to approve the minutes of April 21, 2011 as presented; MADE by K. Gallagher; 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.
VII. 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, June 16, 2011 in the 1st Floor Conference Room, Town Hall, 302 Main Street.; MADE by P. Smith; SECONDED by R. McIntyre; 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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