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MINUTES
REGULAR MEETING
Thursday, November 21, 2013 – 7:00 p.m.
Town Hall, 1st Floor Conference Room
302 Main Street, Old Saybrook
I. CALL TO ORDER
Acting Chairman Judith Preston called the regular meeting to order at 7:05 p.m.
II. ROLL CALL
Members Present
Brendan McKeown
William Pollock
Janis Esty
J. Colin Heffernan
Walter Smith
Charles Wehrly, Alternate Member
Judith Preston, Alternate Member
Staff Present
Sandy Prisloe, Wetlands Office
Meryl Tsagronis, recording clerk
Voting members: W. Pollock, J. Esty, C. Heffernan, W. Smith, C. Wehrly, J. Preston
III. NEW BUSINESS
13-015 “Max’s Place” Modification of Permit 12-019
Corner of Boston Post Road, Spencer Plain Road & Center Road West (Map 25, 26 / Lots 2, 28, 29, 30 / 6-10, 6-11, 6-12, 32, 32-1) Applicant: Max’s Place, LLC; Agent: Attorney David M. Royston
Attorney David Royston, representing the applicant, Max’s Place, explained the nature of the request for a modification of Permit 12-019. During the course of construction at the development site, a wetlands area of approximately 270 sq. ft. (referred to as Wetlands “C”) and an intermittent watercourse of approximately 70 l.f. in the northwest corner of the property were regraded and filled. This occurred when the area was being cleared of trees, many of which had been damaged in recent storms, as well as debris, trash and stumps. David Zaiks, Professional Engineer with Hesketh & Associates, notified the enforcement officer about this activity. There was a consultation with former IWWC Chairman Paul Smith, Wetlands Enforcement Officer Sandy Prisloe, and Attorney Cronin and it was determined that since the
applicant acknowledged the filling, there was no need to notify them; that the applicant would file a modification of permit, acknowledge the area was filled, and propose remedial action.
D. Ziacks stated that he discovered the wetlands area had been filled, and explained the nature of the site in question: the area did have mature trees, but many had died or had been damaged by weather, and the area had become a debris field. In removing the trees, the contractor had disturbed the small pocket of wetlands. D. Zaiks met with S. Prisloe to discuss options to mitigate the loss. He proposed adding plantings, trees, creating buffering areas, and expects the area would restore over time and revegetate. To further compensate for the loss of Wetlands “C”, D. Zaiks proposed making enhancements to Wetlands B, by adding organic soil, a mix of wetland plants to expand the wetlands area. According to Army Corps of Engineers, when replacing wetlands, the ratio to achieve is 2:1, creating twice as much
wetlands as was lost.
Brendan McKeown reminded the Commission that in a previous review of the Max’s Place application, there was discussion about a water swale in the northwest corner.
Judith Preston asked to go on the site; S. Prisloe offered to arrange a visit. J. Preston also requested a copy of the original approved planting plan.
A discussion followed about “significance” of the modification. William Pollock offered he did not see this as a significant change. Walter Smith asked if there had been any change to the hydrology. D. Zaiks said there had been no change in the swale, and no change to the storm drainage plan.
S. Prisloe asked D. Royston if Ordinance 71 fees were still on account. D. Royston stated there were fees available for Zoning review, and believes there is still $1,800.00 available for both Zoning and Wetlands.
A motion was made to accept the application.
MOTION to accept Application 13-015 “Max’s Place” Modification of Permit 12-019; Corner of Boston Post Road, Spencer Plain Road & Center Road West (Map 25, 26 / Lots 2, 28, 29, 30 / 6-10, 6-11, 6-12, 32, 32-1)
Applicant: Max’s Place, LLC; Agent: Attorney David M. Royston
MADE by C. Wehrly; SECONDED by W. Pollock; VOTED IN FAVOR: J. Preston, W. Pollock; J. Esty, C. Heffernan, W. Smith, C. Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
MOTION to not deem a significant activity Application 13-015 “Max’s Place” Modification of Permit 12-019; Corner of Boston Post Road, Spencer Plain Road & Center Road West (Map 25, 26 / Lots 2, 28, 29, 30 / 6-10, 6-11, 6-12, 32, 32-1)
Applicant: Max’s Place, LLC; Agent: Attorney David M. Royston
MADE by W. Pollock; SECONDED by C. Wehrly; VOTED IN FAVOR: J. Preston, W. Pollock; J. Esty, C. Heffernan, W. Smith, C. Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
D. Royston stated that regarding Applicant’s Ordinance 71 fees, they will become available to pay for attorney fees, a soil scientist or specialist, and a town engineer to the extent that advise is needed, without need for an estimate, in order to expedite the work.
A motion was made to not require Ordinance 71 fees. There was no second. A discussion followed to tie Ordinance 71 fees to hiring of specialists, attornies or scientists, should the Commission wish to do so.
MOTION to require Ordinance 71 fees for engineering, wetlands scientist, and legal review, that money be taken from existing funds without need to require an estimate prior to the work for Application 13-015 “Max’s Place” Modification of Permit 12-019; Corner of Boston Post Road, Spencer Plain Road & Center Road West (Map 25, 26 / Lots 2, 28, 29, 30 / 6-10, 6-11, 6-12, 32, 32-1) Applicant: Max’s Place, LLC; Agent: Attorney David M. Royston
MADE by C. Wehrly; SECONDED by C. Heffernan; VOTED IN FAVOR: J. Preston, W. Pollock; J. Esty, C. Heffernan, W. Smith, C. Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
D. Royston asked that the Commission make a decision if expertise is needed, and if so, to use existing Ordinance 71 fees to obtain the information from the entities identified, and to have this information available at the next regular meeting in December.
IV. REGULAR BUSINESS
- A. Minutes – October 17, 2013 Regular Meeting
MOTION to approve the minutes of the Regular Meeting of October 17, 2013; MADE by C. Wehrly; SECONDED by J. Esty; VOTED IN FAVOR: J. Preston, W. Pollock; J. Esty, C. Wehrly; OPPOSED: none; ABSTAINED: C. Heffernan, W. Smith; APPROVED: 4-0-2.
B. Correspondence & Announcements
- Committee, Representative & Staff Reports
It was decided to defer election of officers to the next regular meeting.
V. ADJOURNMENT
MOTION to adjourn the meeting at 8:30 p.m. until the next regularly scheduled meeting of the Inland Wetlands & Watercourses Commission which will be held on Thursday, December 19, 2013, at 7:00 P.M., Town Hall, 302 Main Street, 2nd Floor Conference Room; MADE by C. Wehrly; SECONDED by C. Heffernan; VOTED IN FAVOR: J. Preston, W. Pollock; J. Esty, C. Heffernan, W. Smith, C. Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
Respectfully submitted,
Meryl Tsagronis
Recording Clerk
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