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
SPECIAL MEETING – “THE PRESERVE”
Monday, February 13, 2006 at 7:30 P.M.
OLD SAYBROOK MIDDLE SCHOOL
60 SHEFFIELD STREET
I. CALL TO ORDER
At 7:48 p.m., Chairman Paul Smith called to order a special meeting of the Inland Wetlands and Watercourses Commission (IWWC) for the purpose of deliberating Application #05-016.
II. ROLL CALL
Attendant Members Absent Members
Paul Smith, Chairman Kevin Zawoy, Regular Member
Charles Sohl, Vice Chairman, Zoning Rep.
William Pollock, Secretary
Frank Reichart, Economic Development Rep.
Robert McIntyre, Planning Rep.
Judy Preston, Conservation Rep.
Town Staff and Consultants
Damon Hearne, Wetlands Enforcement Officer
Whitney McKendree Moore, Recording Clerk
Michael Cronin, Esq., Consulting Legal Counsel
Wade Thomas, Consulting Civil Engineer
Mary Armstrong, Consulting Golf Course Architect
R. Richard Snarski, Consulting Soil and Wetlands Scientist
Penelope Sharp, Consulting Biologist and Wetlands Scientist
III. DELIBERATION
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
Hole 7
Using a report prepared by the Town consultants, Chairman Smith directed attention to Hole 7, reviewed the proposed activity, and polled members as to its significance. All six Commissioners who were present felt that this hole posed no significant impacts, so the discussion moved to Hole 8.
Hole 8
A fair amount of excavation would be required to create this hole, so Commissioners contemplated eliminating point discharges and replacing them with a design for topping over berms. Members were also concerned about the amount of clearing proposed along the edge of Wetland 18. Everyone felt that a minimum five-foot height of native vegetation should be maintained within the wetlands and the 25-foot buffer zone. If the rear tees were to be interchanged with the sediment bio-basin and moved south (as close to the property line as possible), none of the wetland would need to be cleared. Also, Commissioners felt the need to know whether the golf cart paths, both here and elsewhere, would or would not be paved. After discussing the alternatives, Chairman Smith polled the Commissioners, five of whom felt
the impacts could be mitigated by imposing the conditions they had discussed; one of whom felt the impacts remained significant.
Hole 9
This hole involves creating an irrigation pond (IR-2) that would be lined, and members were concerned how this pond would affect Vernal Pool 23, which could still be functioning even though it is non-conserved. The pond is designed to disperse treated waste-water, raising a “decoy issue” if amphibians mistake it for a natural pool. Commissioners were also concerned about a wall along the west side of the pond that could possibly cut off groundwater flow and/or stop amphibians from crossing. After questioning the Town consultants, Chairman Smith proposed eliminating the southern 200 feet of the stone wall, and all Commission members concurred.
The blasting required to create IR-2 will generate 26,000 yards of material quite close to Vernal Pool 23. Even if IR-2 were to be relocated, the issues surrounding the transport of that much material would remain. Chairman Smith polled the members: five considered the activity at Hole 9 significant; one did not.
Hole 10
This hole features some steep terrain going down to Pequot Pond. Blasting is proposed to occur, necessitating the removal of approximately 36,000 square yards of material. Another small area of blasting is proposed in order to create Tee 213, which would also require material to be removed. This blasted area overlaps to the green area of Hole 18. At the outset, Commissioners Sohl, Preston, Pollock, Smith, and Reichart felt there could be significant impacts to Pequot Pond, even though all activity for Hole 10 is proposed to occur outside the 100-foot regulated area surrounding Pequot Pond to which
the applicant and the Town previously agreed.
After discussion, Attorney Cronin described, in detail, the burden that is placed on the IWWC if they are concerned about an activity outside their regulated zones. He told the IWWC that, given this kind of situation, a newly enacted law must be heeded. This law requires Commissioners to document their specific concerns with relevant scientific facts from the record. They cannot simply say they suspect
these activities “may impact” Pequot Pond. Instead, they need to demonstrate that the activity is “likely” to cause a “major significant impact” as follows:
§ Identify each specific “major significant impact” they deem to be likely;
§ Demonstrate the likelihood of each “major significant impact” with scientific data;
§ Explain how the physical characteristics of a particular wetland or watercourse would be changed.
Chairman Smith then polled the Commissioners again, finding three for whom the site seemed likely to generate a major significant impact upon Pequot Pond. Chairman Smith asked these members to be prepared with their reasons at the next meeting. They need to cite specific reasons causing the major significant impact, and their reasons must be backed by expert testimony from the record. The Chairman also asked members if Holes 10 and 18 might be considered together at the next meeting, since both border Pequot Pond along its north and east sides. Everyone agreed.
IV. ADJOURNMENT
The next meeting will be Monday, February 27, 2006 at 7:30 p.m. in the library of the Old Saybrook Middle School, 60 Sheffield Street, Old Saybrook, Connecticut.
MOTION to adjourn the meeting at 11:50 p.m. MADE by J. Preston. SECONDED by
P. Smith. VOTED IN FAVOR: W. Pollock, J. Preston, F. Reichart, P. Smith, R. McIntyre,
C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
Respectfully Submitted,
Whitney McKendree Moore
Recording Clerk
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