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IWWC 032306.Minutes
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, March 23, 2006 at 7:30 p.m.
                            Pasbeshauke Pavilion
           155 College Street Extension, Saybrook Point


I.      CALL TO ORDER
At 7:34 p.m., Chairman, Paul Smith requested a moment of silence for Frank Jones and then called the meeting to order.

II.     ROLL CALL
Attendant Members       Absent Members
Paul Smith, Chairman    William Pollock, Secretary, Regular Member      
Charles Sohl, Vice Chairman, Zoning Rep.        Frank Reichart, Economic Dev. Rep.
Robert McIntyre, Planning Representative        Judy Preston, Conservation Representative       
Kevin Zawoy, Regular Member (arrived at 10:05 p.m.)
Kimberly Gallagher, Alternate Member
        Brendan McKeown, Alternate Member

Attendant Staff
Damon Hearne, IWWC Enforcement Officer
Attorney Michael Cronin, Legal Consultant
Janet Vinciguerra, Recording Clerk
        R. Richard Snarski, Consulting Soil and Wetlands Scientist

III.      PUBLIC HEARINGS

        A.    05-024     Steve Donahue
                        Application to construct house, sanitary system and driveway within 100’ of wetland.
                        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
                        Applicant extended PH until:  3/23/06 Close PH:  4/27/06, Decision by:  6/1/06
                        Resident A District     Agent:  Anthony Hendricks
                        ACTION:  Open Public Hearing.
        
Anthony Hendricks, the Applicant’s land surveyor, made a brief presentation of the proposed improvements. Chairman Paul Smith opened the hearing for public comment, during which Jean Castagno asked about the type of septic system to be installed.  Mr. Hendricks responded that it will be a traditional concrete gallery system and that the house will have well water.  Questioning by the Commissioners followed, including discussion of the possible relocation of the well.


MOTION to allow access to truck-mounted equipment for the percolation test at this site.  MADE by Paul Smith. SECONDED by Robert McIntyre.  No discussion on the motion.  IN FAVOR:  K. Gallagher, P. Smith, R. McIntyre, B. McKeown, C. Sohl; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0.


MOTION to continue consideration of Application 05-024 (to construct house, sanitary system and driveway within 100’ of wetland at 16 Vista Terrace -- Map 25, Lot 11) at the next regular IWWC meeting.  MADE by R. McIntyre. SECONDED by C. Sohl.  No discussion on the motion.  IN FAVOR:  K. Gallagher, P. Smith, R. McIntyre, B. McKeown,C. Sohl; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0.


MOTION to amend the agenda to add an item under Old Business regarding Application 05-016 (The Preserve).  MADE by P. Smith. SECONDED by R. McIntyre.  No discussion on the motion.  IN FAVOR:  K. Gallagher, P. Smith, R. McIntyre, B. McKeown, C. Sohl; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0.


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 Rd. (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:  Continue Public Hearing.

Attorney David Royston was present to represent the applicant, who is currently trying to purchase another lot on Center Road West to lessen the number of galleries on site. Mr. Royston requested an extension of the public hearing, which was granted.

MOTION to approve the request for an extension of Application 06-026 through the next regular IWWC meeting to be held on April 20, 2006.  MADE by P. Smith. SECONDED by R. McIntyre.  IN FAVOR:  K. Gallagher, P. Smith, R. McIntyre, B. McKeown, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.






David Ziaks, engineer for the applicant, provided a summary of proposed improvements, including changes from last month’s meeting relative to wetland boundaries, stormwater detention facilities, and anticipated impacts from development of the property. Richard Snarski, the Commission’s soil scientist consultant, discussed his responses to the March 2, 2006 letter from Soil Science and Environmental Services which represents the applicant.

Chairman Smith opened the hearing to the public, and Mr. Ralph Gometz addressed his concerns for the project as outlined in his letters to the Commission dated 12/11/05, 01/09/06, 01/23/06, and 02/23/06. Jane Steltenpohl, President of the Summerwood Condominium Association, spoke about their problems with the amount of water that enters their property today, and their concerns that this development will worsen their problems with groundwater and stormwater runoff. At the conclusion of comments from the public, Chairman Smith closed the public portion of the hearing.

MOTION to continue Application 06-026 to the next regular IWWC meeting to be held on April 20, 2006.  MADE by P. Smith. SECONDED by R. McIntyre.  IN FAVOR:  K. Gallagher, P. Smith, R. McIntyre, B. McKeown, C. Sohl; OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0.


IV.     OLD BUSINESS    

After a brief intermission, Chairman Smith reconvened the meeting, for which Kevin Zawoy was present, to consider the amended agenda item regarding The Preserve.  The two alternate members, Kim Gallagher and Brendan McKeown, were not seated for this matter.  

MOTION to deny the petition for reconsideration of Application 05-016 (The Preserve).  No discussion on the motion.   MADE by R. McIntyre. SECONDED by K. Zawoy.  IN FAVOR:  P. Smith, K. Zawoy, R. McIntyre, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.

Following this action, Commissioner Zawoy departed at 10:25 p.m., and both Ms. Gallagher and Mr. McKeown were reseated.  Ms. Gallagher then recused herself from the scheduled deliberation of Application 06-028.
.
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
                Accepted:  2/16/06, Decision by 4/21/06
                ACTION:  Review and Act.  
                                        
Joe Wren explained that there is not an existing garage on this site, and that the proposed garage cannot be located on the west side of the house because this is the front entrance of the house.  Mr. McIntyre stated that the proposed garage seems to be located in the most logical place for the house and that he sees the garage as a buffer to the wetlands.  Charlie Sohl and Brendan McKeown expressed concerns about possible adverse effects on the wetlands, and Paul Smith was concerned about the use of the existing track that goes around the pond.  He moved to deny the application on the basis that the proposed addition went too far into regulated upland areas and should be re-submitted with a standard four-car garage.  This was seconded and discussed, with the applicant’s agent stating that the reduction in size would neither affect the distance from IWWC’s regulated areas nor benefit the wetlands. Mr. Smith therefore rescinded his motion.

MOTION to approve Application 06-028 with modifications that the addition be no more than 48 feet in length.  MADE by P. Smith. SECONDED by R. McIntyre.  
IN FAVOR:  P. Smith, R. McIntyre, B. McKeown, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.


V.      NEW BUSINESS
Kim Gallagher was re-seated, and Bob McIntyre recused himself.

A.      06-029  Patrick Wiley –V.P. Otter Cove Association
                        Application to “Hydro-Rake” the pond to remove weeds and debris.
                        Junction of Lower Road & Otter Cove Road (Map 63, Lot 55)
                        Residence AA-3 District
                        ACTION:  Accept application if complete, determine if significant activity and if Ordinance 71 fees
                        required.

Mr. Wiley was present and explained the expected operation to rake the lower pond using equipment on pontoons. The raked lily pad material is to be disposed of on the eastern bank of the pond. After discussion, the Commission agreed that the requirement for elevations and contours on Application 06-029 could be waived. At the Commission’s request, Mr. Wiley agreed to have the contractor selected to do this work attend the next IWWC meeting on April 20, 2006 to respond to questions from the Commission.

MOTION to accept Application 06-029. MADE by P. Smith. SECONDED by B. McKeown.  IN FAVOR:  P. Smith, K. Gallagher, B. McKeown, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.

        
MOTION to state that Application 06-029 is not significant and does not require Ordinance 71 fees.  MADE by P. Smith. SECONDED by K. Gallagher.  IN FAVOR:  P. Smith, K. Gallagher, B. McKeown, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.





VI.       REGULAR BUSINESS
        Commissioner Robert McIntyre was re-seated.

A.  Staff Reports
There were no reports from staff.

B.  Representative and Subcommittee Reports
These were included in the meeting packets.

C.  Correspondence
These were also included in the Commissioners’ meeting packets.

D. Approval of Minutes

MOTION to approve the minutes of IWWC regular meeting held February 16, 2006.  MADE by P. Smith. SECONDED by B. McKeown.  IN FAVOR:  P. Smith, K. Gallagher, B. McKeown, R. McIntyre, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
        

VII.    ADJOURNMENT

MOTION to adjourn the meeting at 11:46 p.m. until the next regularly scheduled meeting on Thursday, April 20, 2006 at 7:30 p.m. at Pasbeshauke Pavilion at Saybrook Point Park, 155 College Street Extension.   MADE by K. Gallagher. SECONDED by B. McKeown.  IN FAVOR:  P. Smith, K. Gallagher, B. McKeown, R. McIntyre, C. Sohl; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.

        Respectfully Submitted,
       

        Whitney McKendree Moore
    Recording Clerk

Next Regular Meeting
    Thursday, April 20, 2006
         Pasbeshauke Pavilion
   155 College Street Extension