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IWWC 042006.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, April 20, 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 7:35 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     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
Casey Maracheck, Soil & Wetland Consultant
Andrea DeDominicis, Recording Clerk
                                  

III.    PUBLIC HEARINGS

A.      05-024  Steve Donahue (4.89 acres wetlands)
Application to construct house, sanitary system and driveway within
100’ of wetlands.
16 Vista Terrace (Map 25, Lot 11), Residence A District
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.
Agent:  Anthony Hendricks
ACTIONS: Continue Public Hearing

William Pollock and Judy Preston recused  themselves, they were not able to review past meeting tapes regarding this application.

Anthony Hendricks, agent for the applicant Steve Donahue, presented the newly revised Zoning Location Survey plans, dated 4/20/06.  Mr. Hendricks stated that Scott Martinson, Town Sanitarian, had reviewed the test pit data and said the location for the leaching system was acceptable.

Casey Maracheck, Soil and Wetland Consultant for the Town, spoke to the Commission members about 2 vernal pools he had identified on the property.  Mr. Maracheck said he observed a small number of salamander eggs and wood frogs, but did not think the proposed house would affect the function of the vernal pools on the property.  Mr. Maracheck recommended native plant species to be planted around the wetland buffer.

Mr. Hendricks and Casey Maracheck recommended the driveway drainage pipe be replaced by PVC piping.  Casey Maracheck recommended that the metal pipe remain temporarily in place while installing the PVC pipe, and then have the old metal pipe removed.

The hearing was opened to the public and Ms. Jean Castagno asked Mr. Hendricks how large the septic tank would be.  Mr. Hendricks said the septic tank would be 1,000 gallons which is the requirement for the proposed 3- bedroom house.  The Commission voted to approve the application with conditions.

MOTION to approve application #05-024, Steve Donahue, 16 Vista Terrace (Map 25, Lot 11) with the following conditions:
1.) Work on driveway to be done during the dryer low flow periods during the summer   
      months.
2.)  Appropriate grass seed mix will be planted on edges of driveway.
3.)  Proposed 18” corrugated PVC cross drain pipe will be constructed so exit flows are  
       maintained.
MADE by Kim Gallagher.  SECONDED by R. McIntyre.  No discussion on the motion.  IN FAVOR:  K. Gallagher, P. Smith, R. McIntyre, C. Sohl; OPPOSED: none; ABSTAINED: none;  APPROVED: 4-0-0.

          William Pollock was reseated.
 
Judy Preston recused herself from the next application, she was not able to review the past meeting tapes.      

B.      06-026  Max’s Place, LLC. (0.04 acres wetlands)
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
ACTIONS:  Continue Public Hearing.

Gregg Keisha, attorney for Dzialo, Pickett & Allen addressed the Commission members and stated that he was filling in for attorney David Royston.  Attorney Keisha said he was available for questions and David Ziaks of F.A Hesketh & Assoc. would continue the presentation.  

Mr. Ziaks passed out revised plans dated 4/13/06 to the Commission members.  The revised plans involve the purchase of the 2 acre lot at the corner of Center Rd. and Center Rd. West.  This land is to be used to create a detention pond.  The retention basins under the parking lot will drain, as well as other water run off from roofs and parking lots, into the new culvert going from the applicant’s property under Center Rd. West to the new detention basin.  Mr. Ziaks also proposed to remove the discharge to the Town detention pond, relocate the “Big Y” building 15’ ft. towards the west moving it further away from the wetland, the addition of buffer plantings to protect the wetlands, reduce the on-site underground detention system and increase the size of Detention Pond #2.  Mr. Ziaks said he would be willing to clean out the existing Town culverts at Center Rd. West, Center Rd., Route 1, and the box culvert at the trolley line.  Attorney Keisha told Chairman Smith that the applicant will be closing on the purchase of the lot at Center Rd. and Center Rd. West to be used for the new retention pond.

Paul Smith asked Damon Hearne to speak with our Town consultants to review the make-up and cross section of the berm design at the newly proposed detention basin to determine if there would be wash out.  Mr. Smith read a memo from Town engineering consultant Geoff  Jacobson dated 4/20/06.  The memo stated that Geoff Jacobson and Rich Snarski, Town soil and wetland consultant, agreed that the revised plan changes were much improved.  

Robert Sonnichsen, Delta Environmental Services, passed out photos of the lots at the corner of Center Rd. and Center Road West, the location of the newly proposed detention basin.  The photos showed that over the years the wetland had been filled with the dumping of dirt, rocks and other debris.  The applicant will return the wetland to its former condition by removing this material and re-introduce the native, vegetative species.

Paul Smith read out the names of residents who sent letters in opposition to the development and opened the hearing to the public.  Alisa Morrison, engineer from Connecticut Property Engineering passed out a letter and said the new design was better than the original design but she was still concerned with the underground detention system, overfill, and flooding issues.

Jean Castagno asked how the area flooding issues would affect the proposed buildings. David Ziaks answered that the buildings in the development would be built on concrete slabs without basements.

Brian Greenho, abutting property owner, was concerned with the size of the underground pipe that crosses the roadway and asked how it would affect the two catch basins on his property.  Mr. Greenho said he had not been notified by mail with plans for the development.  Attorney Keisha said he would confirm that notification was sent when he returns to his office.

Mr. Gometz questioned the water level in the swale. David Ziaks said the calculations and level of water in the swale has been addressed in recent plans.  Paul Smith suggested that Mr. Gometz speak with Geoff Jacobson, Town engineering consultant, and tell him about his concerns.  Mr. Jacobson could then review the concerns.  

Steve Armentano, summer resident at 109 Chalker Beach Road, questioned the calculations regarding the volume of water and run off into Chalker Beach marsh. David Ziaks said he can’t do anything about the flooding that already occurs in the area, but he can calculate the flow of water, not the volume of water.  

Roberta Smith, 106 Chalker Beach Road, Vice Chairman of Chalker Beach Improvement Association read a letter that stating the concerns with the flooding that occurs during rain storms.  Ms. Smith questioned the development and the possiblility that it could cause additional flooding in the area.

Paul Smith closed the hearing to the public.  Mr. Smith kept the hearing open for time to review the data passed out during the meeting.  Attorney Keisha said he would extend the hearing to the May 18, 2006 meeting and would be available for questions from the Commission members either directly or through Damon Hearne, IWWC Enforcement Officer.

MOTION to continue hearing for application #06-026, Max’s Place, LLC. until the next regularly scheduled meeting to be held on Thursday, May 18, 2006 at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension;
MADE by Paul Smith. SECONDED by Charles Sohl.  No discussion on the motion.  IN FAVOR:  P. Smith, K. Gallagher, W. Pollock, R. McIntyre, C. Sohl;  OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0.


Paul Smith called for a break at 10:15 p.m., and reconvened the meeting at 10:00 p.m.

Robert McIntyre recused himself from the next application, he was not able to review the past meeting tapes.

IV.     OLD BUSINESS
                                                        
A.      06-028  Otter Cove Association ( 0.5 acres waterbody)
                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
                Accepted:  3/23/06, Decision by 5/26/06
                Agent:  Patrick Wiley, V.P. Otter Cove Association
                ACTIONS:  Review and Act.

        Patrick Wiley said Shoreline Weed Control of Massachusetts would be the contractor that
        would “Hydro-Rake” the pond but they could not be present at this meeting.  Shoreline
Weed Control supplied the Commission members with references which Damon Hearne will check.  The Commission discussed the work proposal and voted to approve the application.
        
MOTION to approve application #06-028, Patrick Wiley – V.P. Otter Cove Association, Junction of Lower Road & Otter Cove (Map 63/ Lot 55) with the following conditions:  
1.) Material that is hydro-raked at the East end of the pond must be spread out to dry.  2.) Sedimentation curtain must be installed at the upstream end of pond so sediment
      does not run down.
3.)  Any cleaning of the hydro-rake with bleach/soap must be done outside of the upland         
       regulated wetland area.
4.) Within 30 days of hydro-rake completion, the sediment curtain and barrier must be
      removed.   
MADE by Paul Smith. SECONDED by K. Gallagher.  No discussion on the motion.  IN FAVOR:  K. Gallagher, P. Smith, W. Pollock, J. Preston, C. Sohl;
OPPOSED: none; ABSTAINED: none;  APPROVED: 5-0-0.


        Robert McIntyre rejoined the Commission.

 V.      NEW BUSINESS
        
A.         06-030            Dan & Marnie Sherman (1,393 s.f. wetlands)
                        Application to construct a 12’ x 20’ deck on the back of the house.
                        19 So. View Terrace (Map 21, Lot 34), Residence A District
                        ACTIONS:  Accept complete application; determine activity significance;
                        request technical fee.

Dan & Marnie Sherman presented their proposal to build a deck which would be located 40’ ft. from the wetlands surrounded by marsh.  Mr. Sherman said the contractor will not be using heavy equipment on the site. The tubes for the footers will be dug by hand and the concrete will be poured by hand.  The Commission accepted the application and will continue to review it at the next regularly scheduled meeting.  

MOTION to accept application #06-030, Dan & Marnie Sherman,  (Map 21/ Lot 34). The next regularly scheduled meeting for this application will be held on Thursday, May 18, 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, J. Preston, W. Pollock, C. Sohl, K. Gallager; OPPOSED: none; ABSTAINED: none;  APPROVED: 6-0-0.


B.        06-031        Rob & Linda Lee (4,782 s.f. wetlands)
Application to construct an addition to include a basement accessible from    the outside, family room and laundry room with stairs up to a guest room/study over the existing garage and install replacement septic gallery.
18 Cinnamon Ridge (Map 50, Lot 17-1), Residence AA-1 District
Agent:  Sabrina Foulke, Point One Architects    
        ACTIONS:  Accept complete application, determine activity significance;
        request Ordinance 71 technical fee.                 

Sabrina Foulke, agent for the applicant, submitted a letter dated 4/20/06, to postpone the application until the May 18, 2006 meeting.

C.        06-032        Kevin & Cindy Lane (1,043 s.f. wetlands)
Application to construct a 4-season room where the existing deck is located, build a new deck off the back of the 4-season room and install above ground pool.
49 Cricket Court (Map 16 & 22/Lot 23), Residence AA-2 District
Agent:  David J. Monace, DJM Carpentry & Design, LLC.   
        ACTIONS:  Accept complete application, determine activity significance;
                      request Ordinance 71 technical fee.

David Monaco discussed the proposal for construction of the deck. The deck will be located 21’ ft. from the wetlands.  The wetlands were flagged Rich Snarski, soil and wetland consultant.  Mr. Monaco said the grass, trees and brush that exist between the house and pond will remain.  The application was accepted by the Commission and it was continued until the next regularly scheduled meeting.

MOTION to accept application #06-032, Kevin & Cindy Lane, 49 Cricket Court (Map 16 & 22/Lot 23).  The next regularly scheduled meeting for this application will be held on Thursday, May 18, 2006 at 7:30 p.m. at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension;  MADE by Judy Preston. SECONDED by William Pollock.  No discussion on the motion.  IN FAVOR:  K. Gallagher, J. Preston,
P. Smith, R. McIntyre, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none;  APPROVED: 6-0-0.

V.        EXECUTIVE SESSION
Attorney Michael Cronin discussed pending litigation.

MOTION to enter into Executive Session;  MADE by Paul Smith. SECONDED by William Pollock.  No discussion on the motion.  IN FAVOR:  K. Gallagher, J. Preston,
P. Smith, R. McIntyre, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none;  APPROVED: 6-0-0.

MOTION to exit Executive Session;  MADE by Paul Smith. SECONDED by William Pollock.  No discussion on the motion.  IN FAVOR:  K. Gallagher, J. Preston,
P. Smith, R. McIntyre, W. Pollock, C. Sohl; OPPOSED: none; ABSTAINED: none;  APPROVED: 6-0-0.

VII.    REGULAR BUSINESS

A.      Staff Report

None.

B.      Representative Reports

None.

C.      Correspondence

Included in Commissioner packets

D.        Approval of Minutes

No motion was made to approve last month’s minutes.

VII.    ADJOURNMENT

MOTION to adjourn the meeting at 11:35 p.m. until next regularly scheduled meeting on Thursday, May 18, 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: 6-0-0


Next Regular Meeting
    Thursday, May 18, 2006
         Pasbeshauke Pavilion
   155 College Street Extension



Respectfully Submitted,



Andrea DeDominicis, Recording Clerk