TOWN OF OLD SAYBROOK
Inland Wetlands & Watercourses Commission
302 Main Street Old Saybrook, Connecticut 06475-1741
Telephone (860) 395-3131 FAX (860) 395-1216
MINUTES
PUBLIC HEARING – “THE PRESERVE”
Thursday, January 26, 2006 at 7:30 p.m.
OLD SAYBROOK MIDDLE SCHOOL
60 SHEFFIELD STREET
I. CALL TO ORDER
Chairman Paul Smith called the public hearing to order at 7:35 p.m. in the auditorium of the Old Saybrook Middle School and relocated the meeting to a different venue.
MOTION to relocate the hearing from the Old Saybrook Middle School to the Old Saybrook Senior High School at 1111 Boston Post Road, reconvening there as soon as IWWC members have arrived. MADE by Paul Smith; SECONDED by William Pollack.; APPROVED UNANIMOUSLY.
II. ROLL CALL
Attendant Members Absent Members
Paul Smith, Chairman Brendan McKeown, Alternate Member
Charles Sohl, Vice Chairman, Zoning Rep.
William Pollock, Secretary
Kevin Zawoy, Regular Member
Frank Reichart, Economic Development Rep.
Robert McIntyre, Planning Rep.
Judy Preston, Conservation Rep.
Kim Gallagher, Alternate Member
Town Staff and Consultants
Christine Nelson, Town Planner
Damon Hearne, Wetlands Enforcement Officer
Whitney McKendree Moore, Recording Clerk
Michael Cronin, Esq., Consulting Legal Counsel
Kati Drzewianowski, Consulting Civil Engineer
Wade Thomas, Consulting Civil Engineer
Dr. Martin Petrovic, Consulting Turfgrass Scientist
Juliet McKenna, Consulting Hydrogeologist
Mary Armstrong, Consulting Golf Course Architect
Geoffrey Jacobsen, Consulting Civil Engineer
Penelope Sharp, Consulting Biologist and Wetlands Scientist
R. Richard Snarski, Consulting Soil and Wetlands Scientist
III. PUBLIC HEARING
05-016 “The Preserve” – River Sound Development, LLC
Application to construct an open-space subdivision country club, golf course community (934 acres total) and open space (542.2 acres) within 100 feet of wetlands (114.5 acres total wetlands).
Residence Conservation C District, Aquifer Protection District
Applicant: River Sound Development, LLC Agent: Attorney David Royston
Chairman Paul Smith reconvened the public hearing at the Old Saybrook Senior High School and called the meeting to order at 7:55 p.m., noting several changes to the agenda and outlining the evening’s schedule as follows: (1) comments from the Attorney General; (2) comments from the Applicant; (3) comments from the Interveners; (4) comments from the Public; (5) questions from the Commissioners; (6) concluding comments from the Applicant.
Comments from the Attorney General
Richard Blumenthal, the Attorney General of Connecticut, again expressed his gratitude to the Commissioners for their service and reiterated his point that their decision on this matter will have an irrefutable impact on Inland Wetlands and Watercourses Commissions everywhere.
Following these remarks, Chairman Smith asked for the right to modify the agenda to allow one Commissioner, Judith Preston, to ask her questions before departing to another meeting. Her questions were allowed and are covered in these minutes under Questions from Commissioners. After Commissioner Preston’s departure, Chairman Smith seated Alternate Member, Kim Gallagher, and moved to the next item on the agenda.
Comments from the Applicant
Dennis Goddere, representative for the applicant from BL Companies, summarized the responses they have provided in answer to questions raised at the previous hearing (such as, but not limited to, concerns about pressure-treated pilings, bedrock blasting, and plans for controlling sedimentation and soil erosion).
Stuart Cohen summarized environmental information that has been provided in response to questions previously asked and defended his previous findings, stating that he used good numbers and answered all the questions.
Comments from the Interveners
Matt Ranelli, attorney for the Town of Essex, augmented his previous comments by reiterating concern about a meeting that was held on January 12, 2006. He said that his client’s questions about that meeting remain largely unanswered and that “we do not waive our rights to seek answers to these questions.” He took issue with the applicant’s claim that golf courses are not regulated activities, stating that “we disagree in that all these bridges go across wetlands.” He also asked about discharges from the western leaching field and whether DEP would find the plan acceptable.
The Connecticut Fund for the Environment (CFE) presented several speakers, whose concerns centered around issues of pesticides and acid drainage, the need for larger wetland buffer zones, and the potential for adverse impacts from golf course construction. They are also concerned about the availability of access from Bokum Road.
Comments from the Public
Chairman Smith proceeded to invite comments from the public, whose remarks are distilled below:
Nancy Baldoni of Schoolhouse Road in Old Saybrook posed a rhetorical question to the conscience of the applicant’s experts, the nature of which was, “What do you say?”
Bob Cziepiel of Cromwell Place in Old Saybrook said that, if the applicant had done due diligence, they would not have invested in this property. He implored the Commissioners to “protect us from this insanity.”
Danny Redak of Waterbury Avenue in Old Saybrook expressed hope that the Commissioners would deny “this illegal desecration of the land and the people, and if you don’t, I hope we take it by eminent domain.”
Laurie Santos, representing the Shoreline League of Democratic Women, stated that her organization “opposes the development of this pristine jewel” and urged the IWWC to deny the application.
As President of the Historical Society, Walter Osborne of Cromwell Place in Old Saybrook stated that his membership had been polled and reported that “a majority are dead set against this application.”
Questions from Commissioners
Chairman Paul Smith moved to the next agenda item: questions from the Commissioners, which are summarized as follows:
Judith Preston had earlier asked about the process of construction near the 16th golf course tee to the west of Pequot Swamp. She wanted to know how trees will be cut along the hillside and whether clearing the tree canopy could adversely affect vernal pools. She asked specifically about water temperature, the potential for increased algae as a result of canopy loss, and the potential lack of organic materials in the stream. She also asked about blasting in this vicinity.
Kim Gallagher asked about the effects of blasting upon Pequot Swamp, especially in terms of nitrates; she also asked about the adequacy of the application’s plans for controlling sedimentation and soil erosion.
Frank Reichart asked about the feasibility of developing the site without a golf course. Dennis Goddere replied for the applicant, saying, “This application does include the golf course.”
Bill Pollack asked for estimates on the cubic yardage required to cut and fill this site, including any rock that would have to be blasted. He also asked if our Town consultants were satisfied with the proposed controls for soil erosion, especially in the event of heavy rain.
Kevin Zawoy asked for clarification on the percentage of vernal pools actually being conserved. He also asked about discharge from bio-basins and filter basins and whether these discharges pose any degradation threats to vernal pools. In response to his soliciting “other concerns” from Town consultants, George Logan cited water volume and underground infiltration limitations and stated that the proposed plans are “not designed to a good enough extent” to accomplish what is intended; Penny Sharp stated that cart path crossings “could void vegetation in some places” and that those “paths must be a lot higher than four feet.”
Paul Smith asked the applicant if any areas requiring agreement still remain unresolved. Mr. Royston, attorney for the applicant, responded that “we feel we have presented solutions to the consultant’s concerns, and we rest upon the evidence in the record.”
Concluding Comments from the Applicant
Chairman Smith then invited a closing statement from the applicant. David Royston, attorney for the applicant, stated that he lives in Old Saybrook, residing on Wild Apple Lane, which abuts the property at issue. “I represent the applicant without reservation,” he stated, and proceeded as follows:
In response to the Attorney General’s letter, he reminded the Commissioners that “the State has imposed upon local communities the responsibility for wetlands resources” and that their challenge is to strike a balance between economic activities and the wetlands.
As for feasible and prudent alternatives, he said there are no alternatives that are both feasible and prudent. Furthermore, expectations about buying the property seem unrealistic. “You have no basis for thinking the property will be purchased,” he said.
The applicant has gone to great lengths to create an environmentally sensitive project. They have a mandate for 50% open space, to which the Town will eventually accept title at no cost. The open space of the golf course is not included within that 50%.
He went on to clarify the meaning of the phrase “significant impact,” stating that it means anything which “substantially changes, diminishes, damages, or destroys.” He said the applicant agrees there are potential significant impacts and has been open in revealing them. Finally he stated, “We say there is no probable, likely threat. The potential is all conjecture. The law says that is not sufficient under your jurisdiction.”
Michael Klemens added that the IWWC hearings were not a referendum on whether to develop this property, but rather on how to develop it. “The applicant has spent 2,500 hours in the field in order to design a strategy that is environmentally sensitive,” he said, and Dennis Goddere agreed, saying, “This project will be a standard for environmentally sensitive development.”
IV. ADJOURNMENT
Chairman Paul Smith then offered the floor to Michael Cronin, attorney for the Town, who asked if there were any issues related to these weeks of hearings. Hearing none, Mr. Cronin turned the meeting back to Chairman Smith.
Chairman Paul Smith thanked the Town staff for dealing with this matter daily, and he thanked the Town consultants for trying to understand the applicant’s information and making recommendations, often under the press of time. He also thanked the applicant for their professional conduct and cooperation and the members of the Commission, whose work has only just begun. Chairman Smith then closed the public hearing for IWWC application #05-016 at 11:30 p.m. and noted that the Commission will deliberate the application in an open meeting starting February 2, 2006 at the Old Saybrook Middle School, 60 Sheffield Street, Old Saybrook.
Respectfully Submitted,
Whitney McKendree Moore
Recording Clerk
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