Draft - Town of Greenwich

DRAFT MINUTES
GREENWICH INLAND WETLANDS AND WATERCOURSES AGENCY
August 18, 2014
Members present:
Vice Chairman Elliot Benton, Joe Rogers, James Carr, Norma
Kerlin
Alternates present:
Scott Salisbury
Staff present:
Michael Chambers, Agency Director; Robert Clausi, Senior
Wetlands Analyst
Others present:
Peter Finkbeiner, Rob Frangione, Donald Mitchell, Joe Pajones,
Bill Kenny, Matt Popp, Robert Brehm, Robert Natale, Todd Smith,
Jeff Westermeyer, John Tesei, Joseph Heatley
PUBLIC MEETING
Due to a delay in the arrival time of the Agency Director, Vice Chairman Elliot Benton called the
meeting to order at 7:10 p.m. in the Town Hall Meeting Room on the first floor of Greenwich Town
Hall.
Agency Session
Seating of alternates
It was the decision of Elliot Benton to seat Scott Salisbury in the absence of Stephan Skoufalos.
Review and approval of draft minutes of July 28, 2014
A motion to accept the draft minutes of July 28, 2014, without correction, was made by Joe Rogers,
second Jim Carr. The motion carried 5-0.
Review and approval of draft minutes of August 11, 2014
Normal Kerlin requested the minutes be revised to reflect a request made of Mr. Finkbeiner by the
neighborhood’s engineer, John Giancola, to respond to specific requests outlined during the
Agency’s consideration of Application #2014-077. The motion to approve the minutes with said
correction was made by Joe Rogers, second Jim Carr. The motion carried 5-0.
Page 2 – Minutes –
August 18, 2014
Director’s Report
IWWA REPORT
Current
Month
Previous
Month
Year to
Date
Start Date
22-Jul-14
17-Jun-14
01-Jul-14
End Date
11-Aug-14
21-Jul-14
30-Jun-15
GREEN SHEET SUMMARY
Total Submitted
No Permit Required
Permit Required
55
53
2
101
97
4
117
115
2
Soils Reports
Active Permits
5
0
1
1
6
0
No Permit Required but Wetlands Present
13
31
35
Office Review
Field Review
51
4
86
16
102
16
79
81
60
0
0
2
4
5
10
84
87
54
1
0
0
5
16
11
128
133
95
1
0
2
4
13
18
INSPECTION LOG SUMMARY
Total Submitted
Total Number of Inspections
Compliance
Final Inspection
Extensions
Violations
Staff Drive-by
Public Inquiry
Other
INCOMING APPLICATION SUMMARY
TOTAL SUBMITTED
24
NEW
MOD
AA
19
3
2
Page 3 – Minutes –
August 18, 2014
Intern Project
Agency members were introduced to Lindsey Tomaszewski. Ms. Tomaszewski is a graduate student
at the University of Sacred Heart participating in an ongoing cooperative program between the
Agency and the University. Ms. Tomaszewski is currently working on an invasive species study,
which was initiated last year by another graduate intern from the University. Agency Director
Michael Chambers said the results of the study would be closely monitored and hopefully, utilized as
a basis for conditions to control invasive species on project sites as a condition of approval. Ms.
Tomaszewski’s PowerPoint presentation which was provided to the Agency will be made available
on the Agency’s web page for public viewing.
Agent Approvals
The Agency was presented two legal notices for Agent Approvals issued since the last regularlyscheduled meeting. Members offered no questions regarding the activities authorized by Agency
staff. No public comment was received.
Compliance Report
Michael Chambers referred to the Compliance Summary sheet that was distributed in the meeting
packets, which included a breakdown of bond releases (5 requested, 7 initiated by Staff, 3 released),
and deadlines set by the Agency that are upcoming or have passed. 1038 Lake Avenue was issued a
Stop Work Order and was discussed under the Violation section of the Agenda.
Public Discussion Session
Consent Approvals
#2014-103 – 0 Quail Road – The Greenwich Land Trust, Inc. – Tax # 10-4135
The staff report prepared by Doreen Carroll-Andrews recommended the issuance of a Permit for activities
conducted on site within and adjacent to wetland and watercourse areas. No persons appeared before the
Agency on behalf of the application. No public comment was received. The motion to approve was made by
Joe Rogers, second Norma Kerlin. The motion carried 5-0.
#2014-113 – 23 Nearwater Lane – Christopher and Melissa Baxendale – Tax # 12-2263/s
The staff report prepared by Doreen Carroll-Andrews recommended a Permit to maintain portions of a stone
wall and continue its construction in a sloped upland area east of Mianus Pond. Owners Christopher and
Melissa Baxendale were present, however no objections to the staff report were offered. No public comment
was received. The motion to accept the staff recommendation was made by Joe Rogers, second Norma
Kerlin. The motion carried 5-0.
Page 4 – Minutes –
August 18, 2014
Pending Applications
#2014-055 – 29 Angus Lane –Minchul Cho and Elsie Vasquez – Tax #07-2223/s
The staff report prepared by Doreen Carroll-Andrews outlined revisions to the site drawing which had
occurred since the last regularly-scheduled meeting. The report found that the revisions were satisfactory
and addressed earlier concerns associated with potential impacts to wetland and watercourse systems.
Appearing before the Agency on behalf of the applicant was Peter Finkbeiner, P.E. of Sound View
Engineers and Land Surveyors, LLC. Mr. Finkbeiner offered no objections to the staff comments. The
motion to approve was made by Joe Rogers, second Jim Carr. The motion carried 5-0.
New Applications
#2014-099 – Langhorne Lane Lot 6 – Landmark Greenwich, LLC – Tax #10-2919 – Public Hearing
The staff report prepared by Michael Chambers recommended a Delay and further stated the Agency should
consider a Public Hearing for the construction of a new single-family residence. Members were
reacquainted with the history of this development site, which included at least one Withdrawal and one
Denial for concerns relating to likely and unavoidable impacts to wetland and watercourse systems. The
staff report shared that the current development plan had expanded the footprint approved by the Agency in
2006 and now, more reflected designs that were not authorized by the Agency. Appearing before the
Agency to hear staff comments and Agency concerns was Matt Popp, Landscape Architect and principal
owner of Environmental Land Solutions, LLC. Mr. Popp offered no response to the staff concerns and
simply stated that it was his intent to speak with the project engineer following the meeting to address staff
and Agency concerns. Jim Carr questioned where vernal pools had been determined on site. Joe Rogers
expressed disappointment with the plan’s expanded footprint. After extended deliberations, members of the
Agency agreed that a Public Hearing was necessary in order to better consider the application. The motion
to Delay and schedule a Public Hearing was made by Joe Rogers, second Jim Carr. The motion carried 5-0.
#2014-101 – 25 Meadowcroft Lane – Thomas Melly – Tax #11-1536
The staff report prepared by Aleksandra Moch and presented by Michael Chambers identified specific
phytoplankton within the pond, which the applicant proposes to treat with chemical algaecides and
herbicides. No persons appeared before the Agency on behalf of the applicant. Jim Carr questioned how the
depth of the pond was determined, since the 8’depth provided seemed extremely deep for an old, eutrophic
pond experiencing algal blooms. Elliot Benton questioned whether it was possible the pond could have been
dredged, without the knowledge of the Agency, a question the Director responded was unlikely due to the
size of the pond and the amount of material that would have to be removed. Joe Rogers added that the
Agency may be able to control or influence the continued application of harmful chemicals in ponds would
by informing pond owners and permittees of the added costs that come with dredging due to the use of these
chemicals. For this reason, it was suggested that a condition be added to all pesticide permits requiring soil
testing before considering any future dredging. Testing would require soil analysis to be performed by a
Licensed Environmental Professional at a certified laboratory to determine whether elevated levels of heavy
metals or hydrocarbons were contained within the pond spoils. Norma Kerlin also suggested that Condition
#6 be revised to include an added statement that alternatives are to be reviewed and approved by Agency
Page 5 – Minutes –
August 18, 2014
staff. Hearing no further objections, a motion to approve was made by Joe Rogers, second Normal Kerlin.
The motion carried 4-1. (Jim Carr did not support the motion.)
#2014-102 – 2 Ashton Drive – Randolph P. Eddy – Tax #10-3501/s
The staff report prepared by Aleksandra Moch and presented by Michael Chambers recommended the
issuance of a Permit for the chemical treatment of a pond. Members were informed of the target species
within the pond’s water column that the applicant intended to control by use of various chemicals, similar to
the prior application. Members questioned both the depth of the pond as well as the appropriateness of
including a condition informing the permittee that future dredging would require soil testing to be
performed by a Licensed Environmental Professional at a certified laboratory. It was again stated that
Condition #6 should be revised to include the statement, “subject to the review and approval of Agency
staff.” All changes were supported unanimously by the members in attendance. The motion to approve was
made by Joe Rogers, second Norma Kerlin. The motion carried 4-1. (Jim Carr did not support the motion.)
#2014-104 – 18 Halock Drive – Todd Smith – Tax #09-1745/s – Delayed
The staff report prepared by Bob Clausi recommended the Agency Delay action on the applicant’s request
to demolish and construct a single-family residence at 18 Halock Drive. Members were informed that the
residence had been demolished on site, without the prior consent of the Agency, despite notice from staff
that a Permit would be required for such activities. For this reason, additional fees were required. The staff
report further noted that additional drainage revisions were required. These comments were shared with the
applicant’s engineer in advance of the meeting. In attendance to address staff comments were Robert
Frangione, P.E., working on behalf of Sound View Engineers and Land Surveyors, LLC and owner Todd
Smith of American Carpentry, LLC. Mr. Frangione acknowledged the need for the requested information
and shared the revisions to the drainage report were minor and would be satisfied in advance of the
September meeting. Owner Todd Smith requested relief from the additional filing fee, for the demolition of
the structure without the prior consent of the Agency. After careful deliberation, it was determined that the
additional fee would be required. No public comment was received on this matter. The motion to Delay was
made by Joe Rogers, second Scott Salisbury. The motion carried 5-0.
#2014-106 – 37 Burying Hill Road – David and Amanda Russekoff – Tax #10-2790 – Delayed
The staff report prepared by Michael Chambers recommended a Delay, pending submission of a revised
plan that relocated the dock to an area behind the lake house. Appearing before the Agency on behalf of the
applicant was Jeff Westermeyer of Coastline Consulting and Development, LLC. Mr. Westermeyer shared
that the request to relocate the dock was not favored by the client, since access to the suggested area was
restricted, forcing seasonal removal to be done by hand. Michael Chambers responded that the seasonal
structure should be removed by hand and that prior Agency action on the site had limited access to the rear
of this property to emergency vehicles only, post completion of ongoing construction and restoration of
cleared wetland areas. After careful consideration of the matter, members requested revised drawings
provide an as-built condition for the site with topography and the proposed activities to be included. In the
absence of this information a motion to Delay was made by Joe Rogers, second Jim Carr. The motion
carried 5-0.
Page 6 – Minutes –
August 18, 2014
#2014-107 – 120 Meadow Road – Eric and Heather Wise – Tax #05-2548/s – Delayed
The staff report prepared by Michael Chambers recommended the Agency Delay the applicant’s request to
demolish and construct a single-family home. Members were informed that drainage revisions were
required. Staff comments also requested revision to the landscape plan since it included a request to remove
existing vegetation within the wetland, in favor of a woody planting scheme, which only served to beautify
the hydric area. Members’ opinions were split on the matter and both Robert Frangione, P.E. of Frangione
Engineering, LLC and Robert Rem, Landscape Architect with Granoff Architects were asked to speak with
staff and make corrections based on the comments provided. The motion to Delay was made by Joe Rogers,
second Jim Carr. The motion carried 5-0.
#2014-110 –59 Dandy Drive – Donald Mitchell – Tax #08A-1076/s
The staff report prepared by Bob Clausi recommended a Permit for the construction of an addition with
utility connections. Appearing before the Agency on behalf of the application was Donald Mitchell, owner
of 59 Dandy Drive. Mr. Mitchell offered no objections to staff comments. Motion to approve was made by
Joe Rogers, second Norma Kerlin. Motion carried 5-0.
#2014-111 – 37 Day Road – 37 Day Road, LLC – Tax #10-2091 – Postponed
At the request of the applicant, the matter was postponed. No Agency action was required.
#2014-114 – 0 Indian Spring Road and 0 Midwood Drive – INCT, LLC – Tax # 10-3662, 10-1520, 101319, 10-3664; Tax #10-3626
The staff report prepared by Bob Clausi recommended the issuance of a Permit with additional fees for
activities which commenced on site without the prior consent of the Agency. Appearing before the Agency
on behalf of the application was Bill Kenny, Landscape Architect and principal owner of William Kenny
Associates, LLC. Mr. Kenny offered no objections to staff comments. The motion to approve with the
conditions provided was made by Joe Rogers, second Jim Carr. The motion carried 5-0.
New Modifications
#2013-111 – 120 Perkins Road – Burning Tree Country Club, Inc. – Tax # 11-2504
The staff report prepared by Michael Chambers recommended the Agency issue a Permit Modification and
maintain conditions attached to the active Permit. Appearing before the Agency to address staff comments
was Attorney John Tesei of Gilbride, Tusa, Last and Spellane, LLC and Head Groundskeeper of the
Burning Tree Country Club, Mike Barton. Neither party offered any objections to staff comments. The
motion to approve was made by Joe Rogers, second Norma Kerlin. The motion carried 5-0.
#2014-083 – 25 Flagler Drive – Sophia Hartch – Tax #11-1221
The staff report prepared by Bob Clausi recommended the issuance of a Permit for the replacement of an
existing drain. Appearing before the Agency on behalf of the applicant was Robert Natale, P.E. of Rocco V.
Page 7 – Minutes –
August 18, 2014
D’Andrea, Inc. Mr. Natale offered no objections to staff comments. The motion to accept the staff
recommendations was made by Joe Rogers, second Jim Carr. The motion carried 5-0.
Violations
Cease & Correct Order #2014-019 – 1038 Lake Avenue – Chene Vert, LLC – Tax #10-2014
The violation summary prepared by Doreen Carroll-Andrews and presented by Michael Chambers noted
activities on site which had resulted in the unauthorized clearing of vegetation within and adjacent to a
wetland area. Appearing before the Agency on behalf of the owner was Joseph Heatley. Mr. Heatley shared
that the clearing was done to remove discarded trash and other construction items which had been placed
within the wetland proper and its buffer areas by the property’s prior owner. Mr. Heatley shared that his
client, Carrie Otto, was more than willing to comply with the conditions of the Agency and had not
intentionally acted to harm the wetland areas on site. To strengthen the point, Mr. Heatley provided the
Agency items which were recently removed from the area in question. After full consideration of the matter,
Agency members acted to remove the Cease & Correct for the property and required staff to work with the
owner to address outstanding compliance issues on site. The motion accepting this recommendation was
made by Scott Salisbury, second Joe Rogers. The motion carried 5-0.
Bond Releases
Application #2011-123 – Permit #2012-17 for Charles and Pouli Otton at 5 Lighthouse Lane. The $4,000
bond to be returned to Charles Otton.
Application #2012-115 – Permit #2012-82 for Peter and Laura Knobloch at 19 Beechcroft Road. The
$4,000 bond to be returned to Peter Knobloch.
Application #2013-104 – Agent Approval #2013-18 for John and Patricia Dudzik at 11 Lakewood Circle
North. The $5,000 bond to be returned to John and Patricia Dudzik.
A motion to release the bonds was made by Joe Rogers, second Norma Kerlin. The motion carried
5-0.
A motion to adjourn was made by Joe Rogers, second Norma Kerlin.
Meeting adjourned at 9:20 p.m.
Michael N. Chambers
Wetlands Director

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