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Inland Wetlands & Watercourses Commission Minutes 09/19/2013
MINUTES
REGULAR MEETING
Thursday, September 19, 2013 – 7:00 p.m.
Town Hall, 1st Floor Conference Room
302 Main Street, Old Saybrook


I.      CALL TO ORDER
        The Vice-Chairman, Kimberely Gallagher called the regular meeting to order at 7:00 p.m

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

Members Absent
Paul Smith, Chairman
Judith Preston

Brendan McKeown arrived at 7:10 p.m.

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

  • OLD BUSINESS
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
                     ACTION:  Deliberate & Act

Mr. Larry Bonin, Public Works Department, presented on behalf of the Town of Old Saybrook.
Mr. Bonin presented testimony at the August 15, 2013 IWWC meeting 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, Jeff Jacobson, P.E.
drafted a plan and set the grade.  It was suggested at the August IWWC meeting that Mr. Bonin
meet with the Town Engineer and request a design for an increase in the bridge span. to increase the

Mr. Bonin stated that he discussed the suggestion to increase the span of the bridge with Jeff
Jacobson and Mr. Jacobson stated that the length of the bridge is not the issue as the water will still
work around the bridge due to the drop of the grade.  

Mr. Prisloe stated that widening the span of the bridge will reduce the velocity of water running
underneath it. The velocity, however is not that great and will not make a significant difference.  Per
the specs Mr. Jacobson put together, the bottom of the bridge is raised so there is more cross
section under the bridge.  Lengthening the bridge will reduce the velocity.
MOTION to approve 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 E. Steffen; SECONDED by B. McKeown; VOTED IN FAVOR: W. Pollack, C. Wehrly, E. Steffen, J. Holland, J. Esty, K. Gallagher, B. McKeown; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

13-010          “Town of Old Saybrook/Department of Public Works” Regulated Activity:
Emergency Stream bank Stabilization along Merrit Lane, Merrit Lane, (Map               52/Lot 3)
                     Owner:  Town of Old Saybrook    Applicant:  Department of Public Works
ACTION:  Deliberate & Act

Larry Bonin, Department of Public Works presented on behalf of this application. Mr. Bonin stated that he has been dealing with the Beavers on Merrit Lane and the beavers are now tunneling under the road.  Mr. Bonin stated that an underground pipe will be opened to allow the hole to drain.  A twelve inch trench will be dug alongside the asphalt road and it will be filled with a soft concrete.  Mr. Bonin stated that this will not cause the beavers to evacuate the area, however it will stop the beavers from tunneling through. This is a stop gap measure which will remedy this more immediate problem.

MOTION to approve Application #13-010 “Town of Old Saybrook/Department of Public Works” Regulated Activity: Emergency Stream bank Stabilization along Merrit Lane, Merrit Lane, (Map 52/Lot 3), Applicant: Town of Old Saybrook, Department of Public Works; MADE by B. McKeown; SECONDED by C. Wehrly; VOTED IN FAVOR: W. Pollack, C. Wehrly, E. Steffen, J. Holland, J. Esty, K. Gallagher, B. McKeown; 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:  Town of Old Saybrook   Applicant:  Department of Public Works
                      ACTION:  Deliberate & Act

Ms. Gallagher presented to the Commission new drawings submitted by Nathan Jacobson which were modified to 8.26.13 along with a letter from Mr. Homer G. Scoville, landowner at 28 Willard Avenue.  In his letter, Mr. Scoville states no objection to the Town’s plan to raise Mulberry Street as well as some of his property adjacent to Mulberry Street.  Mr. Scoville states that his consent is predicated on the understanding that after construction, surface water will flow from his property, over the road toward the marsh, thus eliminating the damming effect to his property.

Larry Bonin, Department of Public Works presented on behalf of this application. Mr. Bonin stated that the road must be repaired so that emergency vehicles can access the house at the end of the street.  During last winter’s storms, the condition of the road prohibited emergency vehicles and snow plows from accessing that property.  The road will be 15 feet wide and paved.  The height of the road will be slightly raised so as to direct the flow and due to the tidal wetlands.  Mr. Bonin stated that the road goes underwater when the tide is up.  The change of the grade will not impact flooding on Mr. Scoville’s property.  There will be a small amount of fill, under 400 feet, on the wetlands side adjacent to the roadway.  

Mr. Bonin stated that Mr. Scoville has received the August 27, 2013 memorandum from Jeff Jacobson.  There will be no fill placed on Mr. Scoville’s property during construction.

William Pollack stated that in the interest of public safety this project should be accomplished as soon as possible.

Ms. Gallagher stated that as per the testimony presented along with the plans presented at this evening’s meeting, the changes to the road will not create a negative affect of what is happening in Mr. Scoville’s yard with regard to ponding.

Members agreed that they are unclear on some of the specifics and would like additional information from the applicant. Additionally, members requested that Mr. Jacobson provide updated drawings prior to the October 17th IWWC meeting which reflect the following items:
  • The location of the fill.
  • On whose property it is on and the exact width of the road.   
  • Delineation of the town property versus private property.  
  • The revised plan must make a notation of the proposal to pave the road.
Members agreed that an amended plan is needed before the Commission can make further decision on this application.  Mr. Jacobson will attend the October 17, 2013 meeting.

MOTION to continue to October 17, 2013 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 E. Steffen; SECONDED by J. Esty; VOTED IN FAVOR: W. Pollack, C. Wehrly, E. Steffen, J. Holland, J. Esty, K. Gallagher, B. McKeown; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

IV.       NEW BUSINESS

            13-012             “Stark Properties, LLC”  Regulated Activity:  466 s.f. of existing excavated wetlands to be filled and 466 s.f. of wetland restoration area west of existing wetlands on property, 175-5 Elm Street, (Map 39/Lot 008-5)
                                   Applicant/Owner:  Stark Properties, LLC   
ACTION:  Receive application, Determine significance & Determine if Ordinance 71 fees are required

Angus McDonald, P.E. presented on behalf of the applicant, Fred Stark, Pathway Lighting.  Mr. McDonald stated that the business is north of the self-storage business. The properties are separated by a section of wetlands that separates Mr. Stark’s building and the property where the storage units are.  Mr. Stark would like to grade a portion of the property and utilize that space for storage of his equipment.  Mr. Stark proposes to eliminate a small section of wetlands, about 466 square feet, and relocate a section of the wetland to the west of the property, closer to the road.  Richard Snarksi, Soil Scientist surveyed the wetlands and Mr. Snarski will oversee the construction.   Blocks will be installed at wetlands flag 16, 17 and 18.

Mr. McDonald stated that the phragmites will be removed out of the wetlands and wetland vegetation will be installed and monitored.  There will be grading installed around the area of the wetland, to the grade of the existing parking lot.  Mr. McDonald stated that it was determined by Richard Snarski that there are no significant species inhabiting the wetlands that are proposed to be removed.  

Mr. McDonald entered into the record “Mapquest map of “175 Elm Street, Ste 5”, labeled Exhibit A.
Commissioners questioned future plans by the applicant to construct and add on to the building and questioned the impact on the wetlands.  Mr. McDonald stated that he could not answer that question and as such he indicated that he would like to withdraw this application and resubmit with a plan on how the applicant plans to proceed.  Ms. Gallagher stated that the Commission is seeking further information on what equipment is going in, what will happen to the gravel in the driveway and a silt fencing and stockpile plan must be submitted along with a sufficient plan on what treatment will be utilized to remove the phragmite.

V.      DISCUSSION

           A.           Regional Plan of Conservation & Development

The RiverCOG Regional Planning Commission is working on putting together a plan for conservation and development for the entire region.  The Committee is seeking input from the members of the community and has a drafted letter which will go to the Old Saybrook Planning Commission which contains a survey seeking input on visions and goals moving forward.  
            IWWC members will compile a list and to be made available for discussion at the October 17th
           IWWC meeting.

VI.       REGULAR BUSINESS      

A.        Minutes – August 15, 2013 Regular Meeting

MOTION to accept the regular meeting minutes of August 15, 2013 as presented; MADE by E. Steffen; SECONDED by C. Wehrly; VOTED IN FAVOR: W. Pollack, C. Wehrly, E. Steffen, J. Holland, J. Esty, K. Gallagher, B. McKeown; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.

B.        Correspondence & Announcements
A two day workshop will be conducted by the Department of Public Health on October 23rd and 24th in Burlington, CT on inland wetland soils.

C.        Committee, Representative & Staff Reports

Wetlands Officer - Sandy Prisloe reported that there was a complaint from Valley Railroad regarding the runoff from the Grossman auto mall coming from the western side of Route 154.  Mr. Prisloe inspected the site with Jeff Jacobson, P.E. and they could not get to the actual basin due to the overgrowth.   The property manager for Grossman, Gary Arms, had the vegetation cut along the top of the berm at the outflow end of the detention basin and cleared an area. The basin is silted in, one foot and there is a good deal of debris along the outlet structure preventing it from functioning properly.  Mr. Prisloe requested that they hire a civil engineering firm to investigate the least expensive way to mitigate the problem and restore the basin to function to capacity.  Mr. Prisloe will verify who is financially responsible for this matter.

Mr. Prisloe commented on a conversation he had with Darcy Winter at the DEEP during which he asked about the stormwater structure issue and the role of the Inland Wetlands agency in dealing with those issues.  The DEEP advised that until there is an activity taking place within the wetlands, the Commission does not have a role. Mr. Prisloe stated that he has no authority as a Wetlands Enforcement Officer to mandate the repair.  

Mr. Prisloe commented on the violation of stream channelization along Bokum Road at Valley Railroad.  Per the DEEP, if there is a violation within the Town, and if the violation is on State property, it is the responsibility of the WEO to enforce action.  The DEEP came out to establish the boundaries and it was determined that the violations are partly on State property and a large portion on CL&P property. CL&P has a surveillance system which is situated next to the substation and they will check the surveillance footage to determine who may be responsible for the damage.    

Mr. Prisloe will speak with Valley Railroad and inquire if they have contacted the
police.  Mr. Prisloe will advise the Railroad that if they want to remediate the area, they must submit an application and present before the IWWC.

Planning Commission - Janis Esty, no report.

Conservation Commission - Kim Gallagher reported that Bob Fish is stepping down as Chairman and Walter Smith will be the new Chairperson.  

The Conservation Commission discussed the Preserve and The Trust for Public Land has entered into an agreement to purchase the Preserve property off of Ingham Hill Road from Lehman Brothers for somewhere between ten and eleven million dollars.  
Ms. Gallagher stated that she will be moving to California in the next month or so.  Ms. Gallagher stated that her term on the IWWC is up in November 2013.  

Zoning Commission – Elizabeth Steffen stated that the Zoning Commission is working on  incentive housing zones. The Zoning Commission proposes an overlay on North Main Street to limit the number of affordable housing units to be constructed.

Water Pollution Control Authority - Charles Wehrly, no report.  

VI.I       ADJOURNMENT

MOTION to adjourn the meeting at 9:45 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 C. Wehrly; VOTED IN FAVOR: W. Pollack, C. Wehrly, E. Steffen, J. Holland, J. Esty, K. Gallagher, B. McKeown; OPPOSED: none; ABSTAINED: none; APPROVED: 7-0-0.


        Respectfully submitted,

        Stella C. Beaudoin
        Recording Secretary