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
REGULAR MEETING
THURSDAY, February 16, 2006 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension
Saybrook Point
I. CALL TO ORDER
Chairman, Paul Smith, called the regular meeting to order at 7:30 p.m.
Kim Gallagher, Alternate Member, was seated to vote by Paul Smith.
II. ROLL CALL
Attendant Members Absent Members
Paul Smith, Chairman Kevin Zawoy, Regular Member
Charles Sohl, Vice Chairman, Zoning Rep. Frank Reichart, Economic Dev. Rep.
William Pollock, Secretary, Regular Member Brendan McKeown, Alternate Member
Judy Preston, Conservation Representative
Robert McIntyre, Planning Representative
Kimberly Gallagher, Alternate Member
Attendant Staff
Damon Hearne, IWWC Enforcement Officer
Attorney Michael Cronin, Legal Consultant
Andrea DeDominicis, Recording Clerk
Chairman Paul Smith summarized the need to amend the agenda by changing the application number for Max’s Place, LLC. under item III B. from #05-026 to #06-026, and changing application number for Summit Residential, under item IV. B. from # 05-027 to # 06-027. Mr. Smith also suggested adding an application under the New Business section V. A., Merritt Lane Holdings, LLC. # 06-028 and adding a Preliminary Discussion under item V. B., Mill Meadow.
MOTION to amend agenda as stated. MADE by Paul Smith. SECONDED by Robert McIntyre. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, J. Preston, R. McIntyre, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
III. PUBLIC HEARINGS
A. 05-024 Steve Donahue
Application to construct house, sanitary system and driveway within
100’ of wetlands.
16 Vista Terrace (Map 25, Lot 11) 4.89 acres of wetlands.
Accepted: 12/15/05, Open PH: 1/19/06, Applicant extended PH until: 2/16/06 Close PH: 3/23/06, Decision by 4/27/06.
Resident A District Agent: Anthony Hendricks
ACTION: Determine additional extension date for Public Hearing.
Paul Smith read a letter from Anthony Hendricks, agent for the applicant, requesting an extension for the public hearing until the next regularly scheduled meeting to be held
on March 23, 2006.
MOTION to extend the Public Hearing date for application #05-024, Steve Donahue,16 Vista Terrace (Map 25, Lot 11) until the next regularly scheduled meeting to be held on Thursday, March 23, 2006 at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension; MADE by Robert McIntyre. SECONDED by Kim Gallagher. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, J. Preston, R. McIntyre, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
B. 06-026 Max’s Place, LLC.
Application to construct a commercial project consisting of 135,000 s.f. of retail tenant space arranged in 7 detached buildings ranging in size from 5,800 s.f. to 63,400 s.f., installation of on-site storm drainage collection, treatment and detention systems, septic treatment facility, leaching field, public water system and utilities.
The main anchor tenant would be a Big Y supermarket
Corner of Boston Post Road (Map 25, Lot 2)
Spencer Plain Road (Map 25, Lot 28, 29, 30)
Center Road West (Map 26, Lot 6-10, 6-11, 6-12, 32, 32-1)
B-4 District
Accepted: 1/19/06, Open PH: 2/16/06, Close PH: 3/23/06,
Decision by: 4/27/06
ACTION: Open Public Hearing.
Attorney David Royston mentioned that the applicant had gone on vacation before receiving the Ordinance 71 fee request letter. Attorney Royston stated that the applicant will send in the money (check) for Ordinance 71fees when he returns next week.
MOTION to move forward with the Public Hearing even though the Ordinance 71 fees were not submitted, but are required to be paid before the application is considered. MADE by Paul Smith. SECONDED by Robert McIntyre. No discussion on the motion. IN FAVOR: P. Smith, J. Preston,
R. McIntyre, W. Pollock, C. Sohl, K. Gallagher; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
David Ziaks, engineer for F.A. Hesketh & Associates, passed out his resume to the Commission members. Mr. Ziaks resume shows many years of experience and expertise in the civil engineering field.
MOTION to qualify David Ziaks of F.A. Hesketh & Associates, as an experienced licensed civil engineer for the applicant. MADE by Paul Smith. SECONDED by Robert McIntyre. No discussion on the motion. IN FAVOR: P. Smith, J. Preston, R. McIntyre, W. Pollock, C. Sohl, K. Gallagher; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
Mr. Ziaks presented a color rendering of the proposed site plan dated 2/16/06. The Commission members identified the rendering as Exhibit A-1 for future reference.
The site plan showed the location of 3 access points for cars entering and exiting the site from Center Road West, Spencer Plain Road and Boston Post Road (Rte.1). The plan showed the location of a traffic light, restricted turns and 777 parking spaces. Pending approval from Plan and Zoning Commissions, 622 spaces would be paved and the remainder of spaces would be landscaped and the area reserved for future parking, if needed. The deferred spaces are shown dashed on Exhibit A-1.
Mr. Ziaks presented a 2 page, colored version, of the proposed grading plan titled GR1 and GR2. The IWWC Commission members identified the grading plan as Exhibit A1-1 for future reference. This plan showed the limits of the flagged wetlands, identification of a moderately wooded watercourse feature where most of the water comes from a drainage pipe and the existing grading on the site. Mr. Ziaks mentioned that a proposed stormwater management pond with a wet bottom feature would discharge and blend in with an existing drainage swale along the Amtrak rail line. Mr. Ziaks stated that material from the existing stone walls on the property would be used to construct new walls as landscaping features wherever possible.
Mr. Ziaks presented a third rendering showing the surveyed 225 acre watershed, culverts, drainage features, and wetland area between Amtrak and I-95. The Commission members referred to this rendering as Exhibit A2 for future reference.
Mr. Ziaks presented a fourth, colored rendering, identified as Exhibit A3 which showed the design of a 10 year detention system to maintain the flood elevation and peak flow rates.
An additional colored rendering identified as Exhibit 4A showed the 100 year effect on the flood elevation. Mr. Ziaks mentioned that the flooding and ponding that currently occurs in Chalker Beach area happens because of poor drainage.
Mr. Ziaks said he has asked the Department of Environmental Protection if Max’s Place could repair the flood gates that are “stuck” open at Chalker Beach which would help discharge the water runoff from the area. Mr. Ziaks stated that the DEP said no to his request and would not permit the applicant to repair the flood gates. Mr. Ziaks asked the DEP to send him a letter with an explanation.
Robert Sonnichsen, P.E. for Delta Environmental Services, presented his credentials to the Commission. He has many years of professional experience in the field of surface and groundwater hydrology.
MOTION to qualify Robert Sonnichsen, P.E for Delta Environmental Services, as a professional engineer and specialist in the field of groundwater management for the applicant. MADE by Paul Smith. SECONDED by Robert McIntyre. No discussion on the motion. IN FAVOR: P. Smith, J. Preston, R. McIntyre, W. Pollock, C. Sohl, K. Gallagher; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
Robert Sonnichsen summarized the proposed water system of underground hydraulic storage chambers. Mr. Sonnichsen mentioned that these systems are easy to construct under parking lots. They are designed for storage not infiltration systems, and are efficient.
Mr. Sonnichsen said the waste water would be pre-treated with to kill the bacteria in the water. The pre-treated waste water would be 80% recyclable which would enable it to be used in toilets.
Mr. Sonnichsen spoke about the wetlands depicted on Exhibit A1-1. Mr. Sonnichsen said ground water hydrology flows toward wetland A, the most significant wetland located in the northeast corner of the site. He stated that this wetland is wooded, has a good wildlife habitat but is surrounded by development such as the Amtrak rail line and an industrial park. Mr. Sonnichsen has provided a buffer and stated that there will be no direct impact to this wetland.
Mr. Sonnichsen spoke about the second and third wetland on the site. The second wetland, located in the northwest corner of the site, has been identified by soil scientists as a watercourse and is not a significant wetland. The third wetland, located in the south central portion of the site, has been identified by soil scientists as being a remnant wetland that has poor soil, doesn’t drain, does not have a significant value from a habitat or vegetation perspective and has been filled in the past.
Paul Smith called for a 10 minute break at 9:12 p.m. Ms. Preston left the meeting at the break. The meeting reconvened at 9:22 p.m.
Paul Smith asked the Commission’s consultant, Mr. Snarski if he had any questions or comments for the Applicant. Richard Snarski, asked if he could meet with the applicant’s soil scientist Tom Petris to coordinate a site walk. Mr. Ziaks said that would be arranged.
Paul Smith asked Mr. Ziaks when the site was flagged. Mr. Ziaks said it had been flagged on August 4, 2004.
Paul Smith opened the hearing to the public.
Jane Steltempohl, president of Summerwood Condominiums, a 75 unit townhouse condominium located on the Long Island Sound between two marshes asked to speak. Ms. Steltempohl had concerns about the water level. Ms. Steltempohl said the basements of the condominiums are usually wet and moldy because of the water level at certain times of the year. Ms. Steltempohl introduced Tim Wentzell, who stated he was a licensed engineer with an environmental background.
MOTION to qualify Tim Wentzell, as an expert in the field of environmental stormwater drainage. MADE by Paul Smith. SECONDED by Robert McIntyre. No discussion on the motion. IN FAVOR: P. Smith, R. McIntyre, W. Pollock, C. Sohl, K. Gallagher; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
Tim Wentzell pointed out areas of concern to the Commission. Mr. Wentzell questioned the proposed underground detention system. Mr. Wentzell stated that the detention system is designed to hold 1” inch of water and he would like to know what will happen to any additional water once the 1” inch of runoff is detained.
Mr. Wentzell felt the applicant had addressed issues regarding surface runoff but had not adequately addressed the issues involving the underground water.
Mr. Wentzell questioned the accuracy of the soil boring, water elevation test, which was conducted in July 2005. Mr. Wentzell said it was one of the driest times of the year and the water table was at its lowest level. Mr. Wentzell said an increase in the water level would affect the water table and the Commission should study this further. Mr. Wentzell noted that a moderate change in the water table could cause flooding in the Summerwood Condominiums. Mr. Wentzell questioned how Stormwater Pond 2 was going to function if it was above the parking lot elevations.
Danny Redak, resident of Old Saybrook, asked if any of the proposed roads cross over the wetlands. Paul Smith stated that the driving aisles in the parking lot do not pass through wetlands. Mr. Redak asked how the car traffic would be managed. David Ziaks said a traffic light would be installed at the intersection of Center Road West and Rte. 1.
No other members of the public wished to speak on this application; and Mr. Smith closed the hearing to the public and opened it to members of the Commission.
William Pollock asked David Ziaks how the applicant proposed to deal with snow and ice. Mr. Ziaks said the pedestrian walkways would need to be salted but he recommends that his client use long term maintenance and thoroughly plow the parking lot. Mr. Ziaks said if the lot was plowed frequently then it would require very little sand or salt.
There were no other comments from the Commission.
Paul Smith stated that the Public Hearing would be continued until the next regularly scheduled meeting on March 23, 2006 to allow the submission of the Town Consultants review reports.
MOTION to continue application #06-026, Max’s Place, LLC., until the next regularly scheduled meeting to be held on Thursday, March 23, 2006 at 7:30 p.m. at the Pasbeshauke Pavilion; MADE by Paul Smith. SECONDED by William Pollock. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, R. McIntyre, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
IV. OLD BUSINESS
A. 05-021 Bessoni Builders
Application to construct a 11,200 s.f. contractors warehouse building with
associated parking.
90 Ingham Hill Road (Map 35, Lot 12)
Industrial - 1 District
Accepted: 9/15/05, Extended by Applicant, Open PH: 12/15/05,
Close PH: 1/19/06, Decision by: 2/26/06.
ACTION: Review and act.
Paul Smith stated to the Commission members that the Public Hearing was closed and this evening would be to deliberate and vote on the application. Damon Hearne, IWWC Enforcement Officer, stated that he specified his concerns regarding potential violations on Mr. Bessoni’s property, prior to this meeting. Mr. Hearne re-inspected the Bessoni property and found that most of the issues were corrected. Mr. Hearne said he will continue to monitor the site until all the issues have been resolved.
Robert McIntyre asked about the parked bus that was on the property. Mr. McIntyre asked if it was outside the 100’ regulated area. Mr. Hearne said the bus was moved and is just outside the buffer area. The Commission members stated that the culvert and pipe material which is currently being stored outside the back of the building on Lot 1, be removed. Damon Hearne will monitor this as well.
Damon Hearne suggested that a sturdier fence be installed so the tenants in Lot 1 cannot remove sections of it and dump snow into the wetland area. Mr. Hearne mentioned that signage be posted on the fence and would serve as a reminder that the dumping of snow or any debris is prohibited.
MOTION to approve application #05-021, George Bessoni, 90 Ingham Hill Road
(Map 35, Lot 12) with the stipulation that a 400’ long fence, approved by the IWWC Enforcement Officer, be installed beginning 50’ off of the southwestern property line of the applicant’s, and running 300’ along the southern side of the CL&P easement and 100’ to the proposed pine and spruce tree line. MADE by Robert McIntyre. SECONDED by William Pollock. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, J. Preston, R. McIntyre, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
B. 06-027 Summit Residential, LLC.
Application for a new outlet channel for existing stormwater basin.
1700 Boston Post Road (Map 25, Lot 1)
Resident A-PRCD District
Accepted: 1/19/06, Decision by: 3/24/06
ACTION: Review and Act.
Matt White, represented the Applicant, passed out updated plans for the bio-filtration basin to Commission members. Paul Smith asked Richard Snarski, soil and wetland scientist, what he thought about this proposal. Mr. Snarski stated that the basin needs to be planted, but this work has been delayed because of the high water in the basin.
Mr. Snarski said the reduction in the water level will allow the basin to work as designed and the plantings could be scheduled to be done in the spring. Mr. Snarski said only a little water needs to be drained out by pump so the seedlings and mulch can be placed.
Paul Smith asked Mr. White what assurances the Commission had that the bio-basin will work. Mr. Snarski said his past experiences have been successful and he would monitor the basin. Mr. Smith also asked Damon Hearne, IWWC Enforcement Officer to monitor this project. Mr. Smith stated that if there is any erosion or soil sediment runoff into the adjacent wetland, then the project will be stopped.
MOTION to approve application #06-027, Summit Residential, LLC., 1700 Boston Post Road (Map 25, Lot 1) with conditions that 1.) Swale is constructed in dry conditions. 2.) Seed and mulch be placed in the swale before being opened to bio-basin for water flow to run through it. 3.) Silt fence installed along sides of construction. 4.) Check dams to prevent sediment discharge out into the adjacent wetlands. MADE by Paul Smith. SECONDED by Robert McIntyre. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, R. McIntyre, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
V. NEW BUSINESS
A. 06-028 Merritt Lane Holdings, LLC.
Application to construct a 60.5’ ft. x 24’ ft. addition to existing house,
addition will house a 4-car garage and living space above.
6 Merritt Lane
Residence AA-1 District Agent: Joe Wren
ACTION: Accept application if complete, determine if significant activity
and if Ordinance 71 fees required.
Kim Gallagher knew the applicant and recused herself from this application.
Paul Smith asked Joe Wren, agent for the applicant, if there is a garage on this property. Mr. Wren said there is a garage in the southwest corner but the applicant needs another garage to store all his additional vehicles.
Paul Smith mentioned that the garage is being proposed in the 100’ ft. regulated zone and questioned why the garage could not to be constructed on the west side of the house and not in the wetland area. Mr. Smith stated that the plans must show where the driveway is being proposed, the contour mapping of the driveway and the materials being used to construct the driveway.
MOTION to accept application #06-028, Merritt Lane Holdings, LLC., 6 Merritt Lane (Map 52, Lot 3-1). Applicant must bring additional information to the next meeting as requested. 1.) Topographical lines on map. 2.) Present driveway location. 3.) Where future driveway will be and what it will be constructed of. The next regularly scheduled meeting for this application will be held on Thursday, March 23, 2006 at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension; MADE by Paul Smith. SECONDED by William Pollock. No discussion on the motion. IN FAVOR: P. Smith, R. McIntyre, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
Kim Gallagher rejoined the Commission and was re-seated.
B. Preliminary Discussion – Mill Meadow, Lot 2
Robert Doane was present and spoke to the Commission members about a proposal to build on a 4.86 acre parcel with mixed inland and tidal wetlands. Mr. Doane said the lot is an undeveloped, industrial lot and the proposal would be to build a 15,600 s.f. foot print, containing15 flex use buildings approximately 1,000 s.f. each.
Robert McIntyre said just looking at the site and the amount of wetlands around it, that this may be a difficult site to develop. Mr. McIntyre felt that 15 flex units would be too many for the site and more likely if the site was to be developed the maximum number of flex units mightbe 8 or less.
Paul Smith mentioned that the loading dock location needed to be indicated on the site plan which might impact parking or the extent of site development. Mr. Smith said a tractor trailer might have a lot of difficulty entering, exiting and turning around on the site. Parking spaces on the site might be limited as well. Mr. Smith felt this site would be very difficult to develop especially with the amount of wetlands.
Mr. Doane asked if the Commission members would do a group site walk. Mr. Smith said the Commission cannot do a site walk without an application.
The Commission members felt the proposed building structures would need to be reduced to half or less, and still may not be approved.
VI. REGULAR BUSINESS
A. Staff Report
None.
B. Representative Reports
None.
C. Correspondence
Included in Commissioner packets.
D. Approval of Minutes
MOTION to approve the IWWC Minutes of 1/19/06 as submitted. MADE by Paul Smith. SECONDED by Robert McIntyre. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, R. McIntyre, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
Commission members need the “Preserve” Meeting Minutes from 12/8/05 and 12/22/05,
to be included in the IWWC meeting packets for the next regularly scheduled meeting on
March 23, 2006.
MOTION to approve the “Preserve” Meeting Minutes of 12/1/05, 1/5/06, 1/12/06, and 1/26/06 as submitted. MADE by Robert McIntyre. SECONDED by Paul Smith. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, R. McIntyre, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
VII. ADJOURNMENT
MOTION to adjourn the meeting at 11:25 p.m. until next regularly scheduled meeting on Thursday, March 23, 2006 at 7:30 p.m. at Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension; MOVED by Paul Smith; SECONDED by W. Pollock; IN FAVOR: P. Smith, K. Gallagher, C. Sohl, W. Pollock, R. McIntyre. OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
Next Regular Meeting
Thursday, March 23, 2006
Pasbeshauke Pavilion
155 College Street Extension
Respectfully Submitted,
Andrea DeDominicis, Recording Clerk
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