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Inland Wetlands & Watercourses Commission Minutes 08/15/2013
MINUTES
REGULAR MEETING
Thursday, August 15, 2013 – 7:00 p.m.
Town Hall, 1st Floor Conference Room
302 Main Street, Old Saybrook

I.      CALL TO ORDER
        The Chairman, Paul Smith called the regular meeting to order at 7:00 p.m.

  • ROLL CALL
Members Present 
Paul Smith, Chairman
Kimberely Gallagher, Vice Chair
William Pollock  
Charles Wehrly
Janice Holland
Elizabeth Steffen
Janis Esty  
Judy Preston

Members Absent
Brendan McKeown

Staff Present
Sandy Prisloe, Wetlands Officer
Stella Beaudoin, Recording Clerk

Mr. Smith introduced Elizabeth Steffen who was recently appointed as the IWWC representative for the Zoning Commission.  

Mr. Smith stated that the scheduled meeting of Aquifir Commission has been cancelled due to lack of business.

  • NEW BUSINESS
13-006       “Town of Old Saybrook/Department of Public Works” Regulated Activity:  Maintenance Permit for Removal of Beaver Dams, 170 Schoolhouse Road, (Map 47/Lot 6), Ingham Hill Road (Map 52/Lot 3), and other property owned by the Town of Old Saybrook
                   Owner:  Town of Old Saybrook     Applicant:  Department of Public Works
                   ACTION:  Accept application, determine if activity is significant and act.
 
Mr. Larry Bonin, Public Works Department, presented on behalf of the Town of Old Saybrook.  Mr.
Bonin stated that the beaver dams at Chalker’s Mill Pond and Crystal Lake have blocked the fishways
and have created a potential for flooding.

As per the DEEP, the beaver trapping season begins in the fall.   Mr. Bonin stated that by utilizing a
backhoe, he will open a small area to allow the water to begin draining.  This process will be repeated
over a period of several days so as to monitor the water flow and allow the water to rise slowly.  Mr.
Bonin stated that as the Wetlands Permit is active for five years, the Town may wish to renew the
Permit on an on-going basis which would allow the Public Works Department to repeat this
process.  Mr. Bonin stated that the town attempted the installation of baffles however the beavers
blocked the baffles.  

Sandy Prisloe indicated that he spoke with Chris Vaughn, DEEP Wildlife Management.  Mr. Vaughn
stated that DEEP will expedite a permit to the Town of Old Saybrook allowing the trapping of
beavers out of season. The DEEP stated that the process is to eliminate the beavers as the State of
Connecticut does not allow for their relocation.

MOTION to accept Application #13-006 “Town of Old Saybrook/Department of Public Works” Regulated Activity: Maintenance Permit for Removal of Beaver Dams, 170 Schoolhouse Road, (Map 47/Lot 6), Ingham Hill Road (Map 52/Lot 3), Applicant: Town of Old Saybrook, Department of Public Works; MADE by L. Steffen; SECONDED by K. Gallagher; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

MOTION to deem no significant activity in association with this application and Ordinance 71 fees are not required for Application #13-006 “Town of Old Saybrook/Department of Public Works” Regulated Activity: Maintenance Permit for Removal of Beaver Dams, 170 Schoolhouse Road, (Map 47/Lot 6), Ingham Hill Road (Map 52/Lot 3), Applicant: Town of Old Saybrook, Department of Public Works; MADE by K. Gallagher; SECONDED by E. Steffen; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

MOTION to approve a Permit for Application #13-006 “Town of Old Saybrook/Department of Public Works” Regulated Activity: Maintenance Permit for Removal of Beaver Dams, 170 Schoolhouse Road, (Map 47/Lot 6), Ingham Hill Road (Map 52/Lot 3), Applicant: Town of Old Saybrook, Department of Public Works; This activity will be monitored by the Town of Old Saybrook Wetlands Enforcement Agent; MADE by K. Gallagher; SECONDED by E. Steffen; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

13-009        “Town of Old Saybrook/Department of Public Works”  Regulated Activity: Reconstruction of Foot Bridge below Crystal Lake Dam, 170 Schoolhouse Road,             (Map 47/Lot 6)
                    Owner:  Town of Old Saybrook      Applicant:  Department of Public Works

Mr. Larry Bonin, Public Works Department, presented on behalf of the Town of Old Saybrook.  Mr.
Bonin stated that the footbridge was washed out due to the significant rainfall during the months of
March and April in the flood of 2010.  FEMA provided funds to reconstruct the bridge and the Town
Engineer, Nathan Jacobson, P.E. drafted a plan and set the grade.  Mr. Bonin stated that the plan
proposes the installation of a concrete pad on each side on which the bridge will sit. The bridge
structure will be anchored to the footings so it will not wash downstream. The span will not be
increased. Mr. Bonin stated that the project will begin as soon as possible and will take place over a
period of one week. This work will be done prior to the beaver project.

Ms. Preston suggested an increase in the span of the footbridge.  

Mr. Smith suggested increasing the span of the footbridge which will improve the open waterway
for the future high level flow.  Mr. Smith suggested that Mr. Bonin meet with Town Engineer and
request a  design for the bridge span.  Mr. Smith noted that an increase in the height of the bridge will
allow for a greater opening. Mr. Smith asked Mr. Bonin to consult with Mr. Jacobson and bring back a
design to the September 2013 IWWC meeting along with an estimate on the cost to construct a bridge
in another location.
        
MOTION to accept Application #13-009 “Town of Old Saybrook/Department of Public Works” Regulated Activity: Reconstruction of Foot Bridge below Crystal Lake Dam, 170 Schoolhouse Road, (Map 47/Lot 6), Applicant: Town of Old Saybrook, Department of Public Works; MADE by J. Preston; SECONDED by E. Steffen; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

MOTION to deem no significant activity in association with this application and Ordinance 71 fees are not required for Application #13-009 “Town of Old Saybrook/Department of Public Works” Regulated Activity: Reconstruction of Foot Bridge below Crystal Lake Dam, 170 Schoolhouse Road, (Map 47/Lot 6), Applicant: Town of Old Saybrook, Department of Public Works; MADE by K. Gallagher; SECONDED by E. Steffen; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

13-010            “Town of Old Saybrook/Department of Public Works” Regulated Activity:
Emergency Streambank Stabilization along Merrit Lane, Merrit Lane, (Map52/Lot 3)
                       Owner:  Town of Old Saybrook      Applicant:  Department of Public Works

Mr. Larry Bonin, Public Works Department, presented on behalf of the Town of Old Saybrook.  Mr.
Bonin stated that the beavers are digging under Merrit Lane and removing the dirt and rocks for the
construction of their dams.  This is causing the asphalt to cave in.  Utilizing a backhoe, Mr. Bonin will
fill in and concrete the area which will prevent the beavers from further eroding the roadway.  The
existing vegetation will remain intact.  The proposed work will expand a distance of 40 feet and Mr.
Bonin stated that the work will be accomplished in 6 hours
                       
MOTION to accept Application #13-010 “Town of Old Saybrook/Department of Public Works” Regulated Activity: Streambank Stabilization along Merrit Lane, Merrit Lane,         (Map 52/Lot 3), Applicant: Town of Old Saybrook, Department of Public Works; MADE by E. Steffen; SECONDED by J. Preston; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

MOTION to deem no significant activity in association with this application and Ordinance 71 fees are not required for Application #13-010 “Town of Old Saybrook/Department of Public Works” Regulated Activity: Streambank Stabilization along Merrit Lane, Merrit Lane,   (Map 52/Lot 3), Applicant: Town of Old Saybrook, Department of Public Works; MADE by E. Steffen; SECONDED by K. Gallagher; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

13-011            “Town of Old Saybrook/Department of Public Works” Regulated Activity:
                     Lowering and Re-grading Mulberry Street; Installation of Culvert and Drainage Ditch, 28 Willard Avenue,                                     (Map 24/Lot 91-1)
                     Owner:  Homer G. Scoville            Applicant:  Department of Public Works

Mr. Larry Bonin presented on behalf of the Town of Old Saybrook.  Mr. Bonin stated that during the last blizzard there was quite a bit of town equipment tied up on Mulberry Street as the vehicles were stuck in the snow for two or so days.  Mr. Bonin commented on the house at the end of the street and he noted that during the 2013 blizzard emergency vehicles were not able to access this house. Mr. Bonin stated that he wishes to grade and pave Mulberry Street, and that there will be no change to the grade.  The road is currently 12 feet wide and Mr. Bonin proposes the total width will be 20 feet.  Mr. Bonin stated that the abutting property owners will be notified prior to the start of any work in the vicinity.

Mr. Smith questioned if the existing material during high tide periods, rain events, etc. which is so soft that the equipment is sinking into the road and asked if the base will be stable enough.  Mr. Smith stated that Mr. Bonin may have to dig several feet and place stable materials before the road construction can begin.  Mr. Smith asked that the Town Engineer review the existing conditions and make recommendations available at the September 2013 IWWC meeting.

MOTION to accept Application #13-011 “Town of Old Saybrook/Department of Public Works” Regulated Activity: Lowering and Re-grading Mulberry Street; Installation of Culvert and Drainage Ditch, 28 Willard Avenue, (Map 24/Lot 91-1), Applicant: Town of Old Saybrook, Department of Public Works; MADE by J. Esty; SECONDED by E. Steffen; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

MOTION to deem no significant activity in association with this application and Ordinance 71 fees are not required for Application #13-011 “Town of Old Saybrook/Department of Public Works” Regulated Activity: Lowering and Re-grading Mulberry Street; Installation of Culvert and   Drainage Ditch, 28 Willard Avenue, (Map 24/Lot 91-1), Applicant: Town of Old Saybrook, Department of Public Works; MADE by P. Smith; SECONDED by E. Steffen; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

MOTION to amend the agenda to add a request for a three-year renewal of Permit P11-012 issued on September 1, 2011 and will expire September 1, 2013; MADE by P. Smith; SECONDED by E. Steffen; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

Mr. Smith stated that Classic Carriage Auto Car Wash wishes to renew their Wetland Permit for three additional years. A Permit was issued in 2011 which allowed for an outbuilding to be moved to the rear of the property and converted into an oil changing station. Due to illness and other extenuating circumstances the applicant has not been able to act on the Permit issued in 2011.  The applicant stated that there has been no enforcement actions.  

Mr. Prislow stated that the CT General State Statutes requires that the commission grant renewals of up to three years on a Permit providing that two conditions have been met; 1) no substantial change of work being proposed and 2) there are no enforcement actions pending against the applicant.

MOTION to renew for three years to September 1, 2016, Permit P11-012; MADE by K. Gallagher; SECONDED by W. Pollack; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: E. Steffen and J. Preston; APPROVED: 5-0-2.

IV.      DISCUSSION

V.       REGULAR BUSINESS       

A.        Minutes – June 20, 2013 Regular Meeting

MOTION to accept the regular meeting minutes of June 20, 2013 as presented; MADE by J. Esty; SECONDED by J. Holland; VOTED IN FAVOR: P. Smith, K. Gallagher, J. Preston, J. Esty, J. Holland; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

B.      Correspondence & Announcements

Mr. Smith commented on a letter from the CT Association of Conservation and Inland Wetlands Commissions, Inc. seeking to involve members in a membership-wide survey to assess experiences and training needs. Members may log onto www.caiwc.org to complete the survey no later than September 15, 2013

Mr. Smith commented on the CT General Statutes revised to January 1, 2013 as they relate to Title 22a Environmental Protection, Chapter 440 Wetlands and Watercourses, Sections 22a-36 through 22a-45 Inland Wetlands and Watercourses Act on Permitting. The seventeen-page updated revision was distributed to members.

C.      Committee, Representative & Staff Reports

Planning Commission - Janis Esty stated that there is nothing to new report.

Conservation Commission - Kim Gallagher stated that there is nothing new to report.  

Zoning Commission – Elizabeth Steffen stated that the Zoning Commission is working on  incentive housing zoning.

Water Pollution Control Authority - Charles Wehrly reported that the WPCA is nearing completion of Phase 1 of 3 of the wastewater management district program.

Wetlands Officer - Sandy Prisloe reported that on July 11, 2013 he participated in a site walk with the property manager of Valley Railroad and the conservation officer from the DEEP.  Mr. Prisloe stated that here was a small break in the rails along Bokum Road which has under-minded the rail line. Someone went in with equipment and dug the channel for a good distance and removed trees and brush. The work encompasses over ½ mile, 95% of which is State of Connecticut property.  Mr. Prisloe noted that because the work was done on State property any enforcement is under the purview of the State of CT.  Mr. Prisloe will follow-up and report to the Commission.

Mr. Prisloe commented on a complaint filed by Mr. Mark Piontkowski, 38 Ridge Drive in which he complains of activities that occurred without the benefit of a Permit within 100’ of wetlands at adjacent properties at 6 Ridgewood Drive and 10 Ridgewood Drive.  

Mr. Prisloe reviewed the property and determined that the work is not within the purview of the IWWC.  Mr. Prisloe stated that he spoke with the DEEP and during that discussion it was determined that any activity in the upland review area is regulated by IWWC only if that activity will have a negative impact on the wetland. It was also determined that mowing a lawn is a non-regulated activity.

VI.       ADJOURNMENT
        
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, September 19, 2013, Town Hall, 302 Main Street, 1st Floor Conference Room; MADE by E. Steffen; SECONDED by K. Gallagher; VOTED IN FAVOR: P. Smith, B. Pollack, C. Wehrly, E. Steffen, J. Esty, K. Gallagher, J. Preston; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

           Respectfully submitted,

        Stella Beaudoin
        Recording Clerk