MINUTES
REGULAR MEETING
Thursday, November 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
Kimberley Gallagher
Charles Wehrly
Members Absent
Brendan McKeown
Staff Present
Sandy Prisloe, Inland Wetlands Enforcement Officer
Kathleen Noyes, Recording Clerk
IV. NEW BUSINESS
MOTION to amend the agenda to add Item A. Discussion to NEW BUSINESS; MADE by K. Gallagher; SECONDED by C. Sohl; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, W. Pollock, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 6-0-0.
Knight Merritt of 170 Old Post Road, which is on the West side of Old Post Road, came to discuss a drainage problem with Commissioners. K. Merritt’s complaint is that water has accumulated in his yard as a result of the town’s drainage system. He brought in pictures of two conduits, which were put in by the town, to carry water runoff under Old Post road from west to east. Additional culverts were installed along Old Post Road when the large office building was constructed at the corner of Old Post Road and Boston Post Road. The intent of the culverts was to take water from the properties adjacent to and across the street from Mr. Merritt’s property and to move it onto and acrosshis property. He stated that in addition to this problem,
the town approved the construction of a house on the property across the street. The builder built the land up when he constructed the house, and that forced more water onto Mr. Merritt’s property.
K. Merritt said when he bought his house, there was a ditch on his property heading west; and, there was one culvert under Old Post Road that had collapsed. The two present culverts were put in after he bought the house. There is no drainage easement on his property. P. Smith said there should have been a drainage easement across the property.
R. McIntyre, who lives in K. Merritt’s neighborhood, said the water continues to the west behind all of the houses, and there are probably some wetlands there. He said there is a drain in the road, another culvert and a grate near Allendale Road.
K. Merritt reported that his neighbor behind him, Ann Cook, has the same problem. The water is backing up on her property as well. A. Cook was very supportive of K. Merritt’s request to dig a trench to release some of this stagnate water.
S. Prisloe said he spoke to K. Merritt over the summer about this problem. Then, S. Prisloe contacted engineer Jeff Jacobson who said that the town typically doesn’t take responsibility for these matters.
Mr. Merritt talked to Mike Pace who asked Larry Bonin to take care of the problem. L. Bonin said K. Merritt needed to get an IWWC permit to do the work.
P. Smith asked for clarification about where the water flows once it leaves K. Merritt’s property. He said it sounded as if K. Merritt’s property was serving as a detention pond .The flow has been inhibited because of the silt, and therefore, it’s metering out the flow. If Mr.Merritt redefines the ditch, his neighbor will have water coming onto her property more quickly, and then she’ll need to redefine her ditch. P. Smith’s concern is that a change in the water flow could cause more flooding on neighboring properties. The Town needs to confirm with their engineer that this work won’t create the same burden for another neighbor.
S. Prisloe said he visited the site about 6 weeks ago. He walked K. Merritt’s property and Anne Cook’s property. The phragmites are providing a living dam for the property. The elevation of water on A. Cooks’ property is significantly higher than Allendale Road. There is a natural change in elevation there. Once the water gets to Allendale, the water will move more rapidly.
C. Wehrly is an acquaintance of K. Merritt’s. P. Smith said this is just a discussion so C. Wehrly doesn’t need to recuse himself. C. Wehrly said he believes he can be impartial.
K. Gallagher asked if any engineering study was done. W. Pollock said there is a cost involved in flagging the wetlands. S. Prisloe checked the map, and according to the map, there are no wetlands on K. Merritt’s property or A. Cook’s property. The property across the street is not on the wetlands map either. P. Smith noted that the scale of the map is not equivalent to having a soil scientist test the soils to be sure there are no wetlands present.
P. Smith said his concern is that there is no drainage easement across K. Merritt’s property. There should have been one since there was a culvert under the road.
K. Gallagher asked if S. Prisloe could look in the town’s master files to investigate the history of this property.
P. Smith asked if S. Prisloe could check with C. Costa because she was IWO at the time the office building was built.
P. Smith asked S. Prisloe to talk to Atty. Cronin and ask if there might be a grandfathered right of passage for public water collected on roadways to flow across private properties as opposed to having a drainage easement in place. He also wants to know if there’s a drainage easement on A. Cook’s property.
P. Smith told Mr. Merritt that the IWWC’s normal procedure would be for the property owner to have their land surveyed, and that a Class A-2 survey showing physical features of the property and the location of any watercourse be submitted to the IWWC. The property owner would then hire a soil scientist who would determine where the actual boundary of wetlands is located. The surveyor would then add the wetlands information to the A-2 survey. If the town would be doing the work, they would have to inform the IWWC what they would be using for materials, tools, what the extent of work would be and if there would be any disturbance in the area. The application would need to be for K. Merritt’s property and for the Cook property. The IWWC would
need confirmation that the town would not be going on any one else’s property. If so, those property owners would need to give their permission.
P. Smith suggested K. Merritt meet with the new First Selectman to get a re-confirmation that the Public Works Dept has agreed to do this work. K. Merritt should talk to L. Bonin again as well. P. Smith then asked S. Prisloe to look at the records for the property and the adjacent properties and speak to Jeff Jacobson about the engineering data. P. Smith stated that, if the town moves forward with this issue, Jeff Jacobson needs to walk the length of the channel to be sure that by freeing up the water, it will not create a subsequent problem downstream as a consequence of this work.
V. REGULAR BUSINESS
- Motion to appoint S. Prisloe as the Duly Authorized Agent for the IWWC
P. Smith said he received paperwork showing that S. Prisloe has successfully passed the requirements to be the duly authorized agent for the IWWC
MOTION to approve appointment of Sandy Prisloe as the Duly Authorized Agent for the Inland Wetland & Watercourses Commission; MADE by R. McIntyre; SECONDED by C. Sohl; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, W. Pollock, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 6-0-0.
MOTION to have Christina Costa continue on as Duly Authorized Agent for the Inland Wetlands & Watercourses Commission as well, on an as needed basis; MADE by K. Gallagher; SECONDED by C. Sohl; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, W. Pollock; K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 6-0-0.
S. Prisloe reported that C. Costa requested that the bond be released on the Courtright property, 6 Fenwood Avenue, per the letter dated 11/7/2011 from Rich Snarski, Soil Scientist, stating that the planting requirements have been met.
MOTION to release the $2,800.00 landscaping bond for plantings for the Courtright property on 6 Fenwood Avenue; MADE by K. Gallagher; SECONDED by W. Pollock; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, W. Pollock; K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 6-0-0.
MOTION to amend the above motion to show that the correct property address is 505 Main Street. The mailing address is 6 Fenwood Avenue.; MADE by K. Gallagher; SECONDED by W. Pollock; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, W. Pollock; K. Gallagher; OPPOSED: none; ABSTAINED: none.;APPROVED: 6-0-0.
S. Prisloe received a phone call from Myra Flanagan of 2 Squall Lane reporting that her neighbor on Fox Hollow Road had constructed a bridge across a stream. The bridge is being used by ATVs in the area of the River Sound Preserve. No permit was ever issued for this bridge. The bridge is located on Stacie Reed’s property. The bridge is 6 ft wide and 23 feet long with railings. S. Prisloe asked Commissioners how they would like him to handle this situation.
P. Smith said the use of bridge must cease. This bridge was not legally constructed. P. Smith does not want the bridge removed without further information because that could disturb the wetlands even more. He said he wants the owner to file an application to have the bridge approved or removed. S. Prisloe said according to the IWWC regulations, a notice of violation can be issued and the violator would have to appear at the next IWWC meeting. A site plan would be needed as well as a boundary of wetlands. Commissioners agreed that this would be the best course of action.
S. Prisloe reported that on 11/10/2011, he granted an administrative permit for septic system repair for the Julius property on 259 Schoolhouse Road.
- Representative & Subcommittee Reports
C. Sohl was re-elected to the Zoning Commission. The “Between the Bridges” project is moving along, making good progress.
K. Gallagher reported that the Conservation Commission has been working very hard on getting the Sustainable Saybrook web site up and running.
Correspondence was as contained in each Commissioner’s packet.
D. Approval of 2012 Meeting Schedule
MOTION to approve the Inland Wetlands & Watercourses Commission 2012 meeting schedule as presented; MADE by K. Gallagher; SECONDED by C. Sohl; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, W. Pollock; K. Gallagher; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
E. Approval of Minutes – October 20, 2011
MOTION to approve the minutes of October 20, 2011 as presented; MADE by K. Gallagher; SECONDED by C. Sohl; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, W. Pollock; OPPOSED: none; ABSTAINED: K. Gallagher.; APPROVED: 5-0-1.
Before adjourning the meeting, C. Sohl wanted to formally recognize R. McIntyre’s years of service and dedication to the IWWC. All members wanted to say that R. McIntyre has been a pleasure to work with, and he will be greatly missed.
MOTION to recognize Robert McIntyre’s many years of service and his contributions to the IWWC; MADE by C. Sohl; SECONDED by W. Pollock; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Sohl, C. Wehrly, W. Pollock, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 6-0-0.
MOTION to adjourn the meeting at 9:00 p.m. until the next Regularly Scheduled Meeting of the Inland Wetlands & Watercourses Commission scheduled for, Thursday, December 15, 2011, 7:30 p.m., in the 1st Floor Conference Room, Town Hall, 302 Main Street.; MADE by W. Pollock; SECONDED by C. Sohl; VOTED IN FAVOR: P. Smith, R. McIntyre, C. Wehrly, C. Sohl, W. Pollock, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 6-0-0.
Respectfully Submitted,
Kathleen Noyes
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