TOWN OF OLD SAYBROOK
Inland Wetlands & Watercourses Commission
302 Main Street Old Saybrook, Connecticut 06475-1741
MINUTES
PUBLIC HEARING – “THE PRESERVE”
THURSDAY, December 8, 2005 at 7:30 p.m.
OLD SAYBROOK MIDDLE SCHOOL
60 SHEFFIELD SREET
CALL TO ORDER- Acting Chairman, Paul Smith, called the public hearing to order at 7:30 p.m. at the Old Saybrook Middle School.
ROLL CALL
Attendant Members Absent Members
Paul Smith, Vice Chairman
Robert McIntyre, Planning Rep.
William Pollock, Regular Member
Kevin Zawoy, Regular Member
Judy Preston, Conservation Rep.
Charles Sohl, Zoning Representative
Frank Reichart, Economic Development Rep.
Kim Gallagher, Alternate Member
Brendan McKeown, Alt. Member
Town Staff and Consultants
Damon Hearne, Acting Clerk/Wetlands Enforcement Officer
Kati Drzewianowski, Consulting Civil Engineer
Wade Thomas, Consulting Civil Engineer
PUBLIC HEARING
05-016 “The Preserve” – River Sound Development, LLC.
Application to construct open space subdivision, country club, golf course
community (934 ac. total) & open space (542.2 ac.) within 100 ft of wetlands.
(114.5 acres total wetlands)
Residence Conservation C District, Aquifer Protection District
Applicant: River Sound Development, LLC. Agent: Attorney David Royston
Acting Chairman Paul Smith reconvened the public hearing and outlined the hearing subject. Smith reviewed the schedule for the evening noting that the applicant would have 1.5 hrs for a presentation, the Public would have 1 hour for questions, the Commission would have 1 hour for questions and comments, and if needed, the Public would then have 1 additional hour for questions, and finally the Commission would have 1 hour for additional questions and comments. Chairman Smith also noted that the hearing would continue on December 22, 2005. The Chairman requested that individual public comment be limited to 5 minutes initially until everyone had an opportunity to comment in order to allow as many people to speak as possible; and, that the public may continue beyond five minutes after all had a chance to
comment initially. Smith also noted that questions should be limited to topics relevant to inland wetlands and watercourses.
Attorney Royston, representative for the applicant, recognized the continuation to the 22nd of December, 2005 and noted the timing of submitted material from the applicant regarding stormwater calculations, legal memoranda and other engineering reports. Attorney Royston also spoke regarding the ball field example that was raised at the previous public hearing and stated why the applicant thought that the precedent set at that time did not compare with the Preserve issue.
Dr. Klemens, herpetologist for the applicant gave a detailed presentation regarding vernal pools and his process for determining conservation of those sites. This presentation more or less followed the slide presentation and color booklet submitted by the applicant. Kevin Zawoy arrived during Dr. Klemen’s explanation of slide number 11.
Attorney Royston then spoke regarding feasible and prudent alternative analysis. He also gave a verbal “walk through Ingham Hill Rd” and detailed the history of subdivisions on that street.
Dennis Goderre, representing the applicant, then spoke regarding considered alternatives and responded to several comments and questions raised at previous meetings.
Suart Cohen, turf scientist for the applicant, Martin Malin, engineer for the applicant, and Mr. Goderre then reviewed bio-basin issues. Attorney Royston completed the presentation by stating that the current plan is indeed a prudent and feasible alternative.
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Attorney Matt Ranelli, of Shipman and Goodwin, then spoke and entered into the record an official request for intervention on behalf of the town of Essex. Essex first selectmen Philip Miller then spoke regarding his and his constituents opposition to the Preserve plan. Attorney Ranelli then spoke on several details of why previous legal cases such as Avalon Bay and River Bend are not applicable to parts of the Preserve discussion.
Charles Rothenberger, of Connecticut Fund for the Environment (CFE) then spoke regarding jurisdiction outside of the upland review area and introduced Professor Patton of Wesleyan University to testify on behalf of CFE. Professor Patton addressed the scale of the project and the need to look beyond the Upland Review Area.
The public portion of the hearing was then opened.
Charles Landrey, Wild Apple Lane, Old Saybrook, spoke regarding erosion control, canopy height and lighting impacts on wildlife.
Bill McLaughlin, Old Boston Post Road, spoke in favor of the Preserve project and spoke about the benefits of the proposal.
Steven Tagliatela, Marine Point Drive, spoke about the benefits of the project to his family business at Saybrook Point and generally spoke in favor of the project.
Chris Cryder, 3 Merret Lane, gave a power point presentation on pesticides and herbicides.
The Commissioners then asked questions of the applicant:
Mr. McKeown asked questions regarding the likelihood of future amphibian breeding numbers and the effect of construction on the wildlife. Dr. Klemens spoke on this issue for the applicant. Mr. McKeown then asked questions regarding the irrigation ponds that were addressed by Dr. Cohen.
Mr. Zawoy asked Dr. Klemens to clarify some of the numbers regarding vernal pool conservation. Dr. Klemens responded for the applicant. Mr. Zawoy also asked several questions regarding prudent and feasible alternatives. Attorney Royston and Dennis Goderre replied for the applicant and referenced a letter (part of the submission response materials) from the developer regarding needs for economic feasibility.
Mr. Sohl asked several questions regarding rock types and chance of acid leachate. Mr. Dugan, hydro geologist for the applicant stated that he had indeed found evidence of rock with iron sulfate on the site and that the rock would need to be handled and stored intentionally using BMP’s to prevent acid run-off. Mr. Sohl asked about the consequences of a 100 year or better storm event. Mr. Goderre and Mr. Malin replied for the applicant that the plan incorporates a 100 year flood planning.
Mr. Zawoy asked for a legal opinion of statute 22a-41d regarding impact to wetlands. Attorney Cronin, legal council to the Town, responded to the question.
Mr. McIntyre asked Attorney Ranelli why First Selectmen Miller had stated that the Preserve land was previously not developable. Attorney Ranelli stated that he would get back to the applicant regarding this question. Mr. McIntyre asked questions regarding housing cluster requirements on 50 acre or larger sites. Attorney Royston replied that there was a 15 acre minimum concerning this issue. Mr. McIntyre then asked several questions regarding the housing yield change if the golf course were removed from the plan. Attorney Royston addressed these questions.
Mr. Pollock then asked questions regarding specific locations of blasting activity and associated groundwater flow. Mr. Goderre replied that the applicant is currently working on these calculations. Mr. Pollock then asked the applicant if they concur with Professor Patton’s estimates of amount of fill and cut on the site. Mr. Goderre clarified that Professor Patton’s figures were mistakenly multiplied by a factor of two and there would only be approximately 1 million cubic yards of moved cut and fill substrate.
Mr. McIntyre clarified the publication date of a book referenced by Chris Cryder in his presentation.
Ms. Gallagher then clarified issues with nitrates and Pequat Swamp Pond with Dr. Cohen and Sam Haydock, hydrologist for the applicant. Ms. Gallagher then asked the applicant to get back to her on what additional toxic or harmful materials might be in the effluent from the septic system. Ms. Gallagher asked several questions regarding pH, potential changes to the swamp ecosystem do to the effluent, and the options for further reducing nitrate inputs. Mr. Haydock and Dr. Cohen and Wade Thomas, consulting engineer for the Town, addressed these questions.
Ms. Preston then asked several questions regarding species that will change in population size due to changes in habitat fragmentation and increased human presence, especially raccoons and skunks. Dr. Klemens responded to these questions.
Damon Hearne, Wetlands Enforcement Officer for the Town, asked several questions regarding amphibian metapopulations and the long term changes that could occur to currently productive vernal pools. Dr. Klemens replied to these questions.
Dr. Cohen then clarified and addressed some issues from the presentation by Mr. Cryder.
The meeting was then adjourned by the Chairman to resume Thursday, December 22, 2005 at 7:30 p.m. at the Old Saybrook Middle School, Old Saybrook CT.
Respectfully submitted,
Damon Hearne
Acting Clerk
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