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Inland Wetlands & Watercourses Commission Minutes 02/16/2012
MINUTES
REGULAR MEETING
Thursday, February 16, 2012 at 7:30 p.m.
1st Floor Conference Room
Town Hall, 302 Main Street

I.        CALL TO ORDER

Vice Chairman, C. Sohl, called the regular meeting to order at 7:30 p.m.

II.     ROLL CALL

Members Present 
Charles Sohl, Vice Chairman
William Pollock, Secretary
Kimberley Gallagher
Charles Wehrly
Judy Preston
Janis Esty
Janice Holland

Members Absent
Paul Smith
Brendan McKeown

Staff Present
Sandy Prisloe, Inland Wetlands Enforcement Officer
Kathleen Noyes, Administrative Clerk

        C. Sohl seated all Commissioners to vote at tonight’s meeting. However, J. Holland will abstain from voting on Old      Business because she was not present at last month’s IWWC meeting, and she has not yet listened to the audio    
        recording. She will be voting on New Business.

MOTION to amend the agenda to add under IV. New Business application #12-003 Daniel Beaudoin; 4 Bay View Road (M14 /L37), application for constructing a 12’ x 14’ shed; MADE by C. Wehrly; SECONDED by K. Gallagher; VOTED IN FAVOR: C. Sohl, C. Wehrly, W. Pollock, K. Gallagher, J. Esty, J. Holland, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

  •           OLD BUSINESS   
                A.      11-015  David & Stacy Reed
                                        Application to maintain bridge
                                13 Fox Hollow Road (M55 / L15-14)

Joe Flanagan of 2 Squaw Brook was present at tonight’s meeting. He is a neighboring property owner whose property is downstream and to the west of D. Reed’s property. He said there have been nesting mallards and nesting woodpeckers there in the stream which the bridge crosses. He said he’s concerned about the ATV traffic flow around the embankment coming into the brook. and how this will affect the birds. He’s also concerned about the impact of the traffic on the connecting wetlands.

C. Sohl invited J. Flanagan to the table to review the plans submitted by D. Reed.

J. Flanagan said the bridge the Reed’s built was constructed last fall. He’s concerned about the environmental impact of the bridge, including the materials the bridge is made of.

D. Reed said the wood used to construct the bridge is not causing any environmental harm.

K. Gallagher and J. Preston asked about the paths. The existing path is to the north of the applicant’s property. D. Reed said the path is being used for quads, bicycles and hiking.

C. Sohl asked J. Flanagan if he has noticed any changes in the brook. J. Flanagan said the brook is very murky. He said the stream of water coming through is usually clear, but he had concerns that the activity caused by the construction of the bridge and the use of quads was causing erosion.

K. Gallagher asked S. Prisloe if he had seen signs of erosion when he walked the property. S. Prisloe said there were signs of traffic, but that the water was not murky.

        D. Reed responded that there are no signs of erosion whatsoever.

J. Esty asked if Commissioners could take a site walk of the property. All commissioners agreed they would like to do this.

K. Gallagher explained to D. Reed that the IWWC Commissioners are concerned not only with the wetland area but also the upland review area.

D. Reed said S. Prisloe had made 2 visits to the property, and he was wondering if that was sufficient for Commissioners to make their decision.

K. Gallagher asked D. Reed when the paths were created. D. Reed said they’ve been working on the property for 1 ½ years.

With D. Reed’s permission, IWWC Commissioners and S. Prisloe agreed to meet and walk the site on Saturday, February 25, 2012 at 10:00 a.m.      
                
MOTION to continue application #11-015 David & Stacy Reed; 13 Fox Hollow Road, Application to maintain bridge (M55 /L 15-14) to a Special meeting of the Inland Wetlands & Watercourses Commission on Saturday, February 25, 2012 at 10:00 a.m. for a site walk of 13 Fox Hollow Road.; MADE by K. Gallagher; SECONDED by C. Sohl; VOTED IN FAVOR: C. Sohl, C. Wehrly, W. Pollock, K. Gallagher, J. Esty, J. Preston, J. Holland; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

       B.      12-001          John & Nancy Giannini
                                Modification to Permit P05-024
                                16 Vista Terrace (M25 / L11)

        J. Giannini presented. He reviewed the updated plans from Doane-Collins Engineering dated 1/31/12 with Commissioners.

        At the last meeting, Commissioners asked for a silt fence in the SE area. The silt fence has been added. Also, it was asked that the distance from the bottom of the leeching field to the groundwater be 24”, and it is now 24”. The septic system was by Geomatrix and it is now a Mantis system which is half the width of the previous system so it will be farther from the wetland.
        
        The proposed barn will be used for a lawnmower etc., but after concerns discussed by the IWWC at the 1/19/12 IWWC meeting, J. Giannini does not plan to pursue plans for a horse at this time.

        S. Prisloe said he went to visit the site yesterday. He said at some point in the past, someone excavated near where the barn is being proposed.

        K. Gallagher asked about the hole and if fill will be brought in to fill it. J. Giannini said the hole will be filled, and the area will be leveled. He said he would be consulting with R. Doane to see if the area should be re-graded or if fill should be brought in.

        J. Preston asked about use of the barn and what would be stored inside. She asked if it would be a concrete slab or if it would have drains. J. Giannini said it will be a concrete slab without drains, and this will not be a workshop. It will be used for storage.

        J. Preston said she was very concerned that this would be a difficult site to have a horse on because of possible contamination and proximity to the wetland.

        S. Prisloe said he spoke to Darcy Winthier at the DEEP, and she said keeping horses is a permitted as an of right agricultural activity, and although horses near a wetland could possibly be detrimental, the legislature has voted to exempt it as a permitted as of right activity. Also, although the IWWC can put conditions on a permit that affects the activity, the construction of the house, etc., the IWWC cannot put conditions on use. That would be the Zoning Commission’s responsibility. Conditions on an IWWC permit only exist until the permit expires. When the IWWC permit expires, the conditions no longer have effect. The regulated activity, once done, is no longer something the IWWC can control legally.

        J. Preston asked if the town of Old Saybrook could strengthen its own IWWC regulations. S. Prisloe said if Commissioners would like, he would invite Town Attorney Michael Cronin to come to an IWWC meeting to discuss this further and answer Commissioners’ questions.
                
MOTION to approve application #12-001 John & Nancy Giannini; 16 Vista Terrace (M25 /L11), Modification to previous permit #P05-024 according to the revised plan by Doane-Collins Engineering Assoc. LLC dated 1/31/12 (M25 /L 11); MADE by K. Gallagher; SECONDED by C. Wehrly; VOTED IN FAVOR: C. Sohl, C. Wehrly, W. Pollock, K. Gallagher, J. Esty; OPPOSED: J. Preston; ABSTAINED: J. Holland; APPROVED: 5-1-1.

                S. Prisloe asked that silt fencing be installed all along the driveway since that was a condition on the original permit.       

  • NEW BUSINESS
              A.         12-003         Daniel Beaudoin
                                Application for constructing a 12’ x 14’ shed
                        4 Bay View Road (M14 / L137)

                D. Beaudoin presented, and he submitted additional pictures for the Commissioners to review.

                S. Prisloe said although he is the Duly Authorized Agent for the IWWC, and this shed is being proposed in the Upland Review Area, he requested that the applicant come before the IWWC because the shed is very close to the wetland. He said he went out to the site on 2/14/12, and the proposed location of the shed is on one of the higher elevation points of the property. There’s a steep slope of lawn, and although it’s close to the wetland, it’s a fully developed property.

                D. Beaudoin said this shed would house lawn equipment and children’s toys, bicycles, etc.

                K .Gallagher asked about the trailer currently shown in the photograph of the property. D. Beaudoin said he would like to remove this and replace it with the proposed shed which will be on a stone base.

                C. Wehrly asked the applicant if this was a waterfront lot and if this property is in the WWMD. C. Wehrly said the addition of the proposed shed could be problematic if an advanced wastewater management system is required by the town in the future when the home is reviewed by the WWMD.

                C. Sohl said he had concerns from a zoning perspective, and he said if the IWWC decides to approve this application, zoning still has to approve it before construction on the shed can begin.

                W. Pollock suggested that the IWWC let S. Prisloe handle this administratively.

                S. Prisloe asked D. Beaudoin to come into the office Tuesday, Wednesday or Thursday of next week to see him.

MOTION to give application #12-003 Daniel Beaudoin; 4 Bay View Road (M14 /L37), application to construct a 12’ x 14’ shed to S. Prisloe, Duly Authorized Agent for the IWWC, to process administratively; MADE by K. Gallagher; SECONDED by J. Preston; VOTED IN FAVOR: C. Sohl, C. Wehrly, W. Pollock, K. Gallagher, J. Esty, J. Preston, J. Holland; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

  • REGULAR BUSINESS
  • Minutes – January 19, 2012 & February 3, 2012
MOTION to approve the regular meeting minutes of January 19, 2012 as presented; MADE by C. Wehrly; SECONDED by K. Gallagher; VOTED IN FAVOR: C. Wehrly, C. Sohl, W. Pollock, K. Gallagher, J. Esty, J. Preston; OPPOSED: none; ABSTAINED: J. Holland; APPROVED: 6-0-1.

MOTION to approve the special meeting minutes of February 3, 2012 as presented; MADE by W. Pollock; SECONDED by J. Preston; VOTED IN FAVOR: C. Wehrly, C. Sohl, W. Pollock, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: J. Holland and K. Gallagher.; APPROVED: 5-0-2.

  • Staff Report &
  • Correspondence   
S. Prisloe said in their packet, Commissioners received a copy of a letter to the ZBA from the Calderella’s dated 2/6/12 re: 96 Sea Lane. Also there was a letter from the Society of Soil Scientists of Southern New England dated Winter 2011 with information about a registry of soil scientists.

S. Prisloe received a letter from the Bob Bradway, V. P. of Track and Property for the Valley Railroad, dated 12/21/11, although he only received it a couple of weeks ago. In the letter, B. Bradway talked about concerns of storm water runoff from the Auto Mall being discharged to the railway. B. Bradway asked if S. Prisloe could meet him at the property to do a site walk. S. Prisloe did walk behind the auto mall, and he said there was evidence of erosion. There is a large detention basin between the auto dealers, the railroad and Route 154. The detention basin is overgrown with trees. There’s an area where the water appears to have carved its way through the area. He’s concerned about increased water in the future. There’s a dirt lot behind the Volkswagen dealership. B. Bradway had heard that the Volkswagen dealership was thinking of having the area paved, and this prompted him to write this letter. He wants the IWWC to be aware of his concerns so if future applications come before the IWWC pertaining to this area, the IWWC could be aware of more potential storm water run off problems effecting the railroad.

S. Prisloe talked about storm water detention basins in town. He said most if not all of the detention basins are not being maintained.  Many are full of trees. The detention basins are not intended to be full of vegetation. There is no mechanism in place right now for maintaining these detention basins, and in order to maintain them, the property owner would be required to get a permit.

S. Prisloe met with L. Bonin at the Town Garage. All vehicles need to be enclosed to comply with APA regulations. They are looking to build a garage to do this. L. Bonin and S. Prisloe will be meeting with G. Jacobson to do this.

S. Prisloe reported on a complaint filed by M. Piontkowski about multiple properties adjacent to the Obed Heights reservoir about cutting of trees, construction of sheds, etc. near the reservoir. None of this has been formally permitted. In looking at the records, there were no permits taken out for these activities, but these are not recent activities. From aeriel photos, it looks as if some of these activities took place years ago. S. Prisloe suggested the IWWC send letters to the property owners notifying them that if they pursue future activities on or near the wetlands, they will need to come to the town to get a permit.

J. Holland suggested there be an article in Saybrook Events magazine letting people know what the requirements are. She said she thinks a lot of property owners just don’t know what is allowed and what requires an IWW permit.

W. Pollock said there was an article that appeared previously. W. Pollock will send a copy to J. Holland, and she offered to update it for a future Saybrook Events magazine.

S. Prisloe said there was another complaint about a property in Obed Heights. An abutting property owner complained about a neighbor pushing vegetation into a wetland. S. Prisloe sent a letter notifying him that this was a violation. No trespassing signs were posted. The property owner has not responded, and he may be coming before the IWWC at a later date.

J. Preston said the Gateway Commission uses a projector to review properties during meetings using something like Google Earth. She said she finds it very useful, and she asked commissioners if they would find this helpful when discussing a property.

J. Esty said the only problem is that sometimes the information is very out of date.  

Commissioners said they would like to try it. The Town Hall now has Wi-Fi, and this conference room has a screen.

S. Prisloe suggested prior to the meeting, Commissioners could be sent the information so they could look the property up on Google Earth.

  • Representative  & Subcommittee Reports
C. Wehrly said the WPCA is looking to install 2 demonstration units at the town beaches; one at the Town Beach and one at Harvey’s Beach. These will be permanent installations to be used during the summer months. This would be the first installation in town that the public could use and inspect. This could possibly be done by Memorial Day weekend 2012.

W. Pollock asked S. Prisloe for guidelines for “do’s and don’ts” for Commissioners when going on a site walk so they will not inadvertently violate any rules.

C. Sohl acknowledged receipt of the IWWC budget dated 1/31/12.

J. Holland said she made travel plans before she accepted this position, and she will be gone for the next 2 IWWC meetings.

  •    ADJOURNMENT
MOTION to adjourn the meeting at 9:37 p.m. until the next regularly scheduled Meeting of the Inland Wetlands & Watercourses Commission scheduled for, Thursday, March 15, 2012, 7:30 P.M., in the 1st Floor Conference Room, Town Hall, 302 Main Street; MADE by J. Holland; SECONDED by K. Gallagher; VOTED IN FAVOR: J. Preston, J. Esty, C. Wehrly, C. Sohl, W. Pollock, J. Holland, K. Gallagher; OPPOSED: none; ABSTAINED: none.; APPROVED: 7-0-0.

Respectfully submitted,


Kathleen Noyes