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, May 18, 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
William Pollock, Secretary, Regular Member
Judy Preston, Conservation Representative
Robert McIntyre, Planning Representative
Kimberly Gallagher, Alternate Member
Brendan McKeown, Alternate Member, arrived at 7:50 p.m.
Charles Sohl, Vice Chairman arrived at 7:55 p.m.
Attendant Staff
Damon Hearne, IWWC Enforcement Officer
Richard Snarski, Soil & Wetland Consultant
Geoff Jacobson, Engineering Consultant
Katie Drzewianowski, Hydrology Engineering Consultant
Andrea DeDominicis, Recording Clerk
III. PUBLIC HEARING
A. 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.
Attorney David Royston, representing the applicant, passed out copies of the “Mailing of Notice” which was sent to the abutters adjacent to the property. Attorney Royston also provided the Commission Members with a memo regarding the Provisions of Connecticut General Statutes.
David Ziaks, F.A. Hesketh & Associates, summarized issues from the last meeting and stated that the revised plans submitted to the IWWC office on Friday 5/12 had not been significantly changed. Paul Smith asked the Town consultants who were present, to review the 5/12/06 plans and report their findings.
Mr. Smith introduced Howard Huelsman, the newly appointed Economic Development Representative, replacing Frank Reichart. Mr. Huelsman stated that he listened to the previous IWWC meeting tapes regarding Max’s Place and would be able to vote on the application. The IWWC members went back on record to continue the hearing.
William Pollock asked Attorney Royston if the memo from Town consultants, dated 5/8/06, regarding the Soil and Erosion conditions had been addressed. Attorney Royston said the conditions had been addressed in the plans.
The IWWC commission members addressed questions to the Town consultants. Geoff Jacobson conferred that if the applicant cleans out the culvert under Rte. 1, they should also clean out the entire channel, up to but not including the flood gate so the water can flow into the Long Island Sound. Mr. Smith opened the hearing to the public for questions or statements concerning the application.
Mary Clark, 29 Beachview, an abutting owner on the marsh, was concerned with how the water run off from the development will push its way through all the standing water that exists when it rains.
Sherri Connors had the same concern and did not want more water from the development to come into the area.
Daniel Realick said he believed there was not a basin under the street.
Marshall Sonn, 98 Chalker Beach Rd., passed out recent photos that were taken after a few days of rain. Mr. Sonn also had photos taken last October when there was heavy flooding in the area.
Ken Swanson, 9 Saye St., passed out photos and said the beach cannot support any more water. Mr. Swanson said the ponding does not recede with the 6 hour tides, and Mr. Smith asked Geoff Jacobson to consider the testimony of why the ponding of water does not go away with the 6 hour tide and how can it be alleviated.
Dawn Chmielewski, 8 Cranton St., was concerned with the duration of standing water.
Jane Steltenpohl, President of the Summerwood Condo Association, 156 Sandy Point Rd., introduced Tim Wentzell of Connecticut Property Engineering. Mr. Wentzell’s latest concerns were the elevation of ground water and the ability of infiltration. Mr. Wentzell referenced issues in a letter he recently submitted.
Sharon Ruzycki, 5 Garden St., & 6 Orchard Lane, said the children that live in the area cannot cross through the water. Ms. Ruzycki said in the winter the water turns to ice and is very slippery and dangerous.
Jean Castagno was concerned with water collecting in the area and wanted to know if it was possible to pump the water out of the street directly into the Long Island Sound to reduce the ponding.
Brian Greenho, 7 Center Rd.West, an abutting property owner, was concerned with the proposed berm which could cause water to flood his warehouse.
Jane Steltenpohl, Summerwood Condo. Association, spoke about the nuisance flooding and the vulnerability of the homes when bad weather happens.
Brian Lewis, 46 Chalker Beach, said he sees oil and runoff on the beach and feels the Big Y will contribute to the run off problem.
Sharon Ruzycki said the Commission should consider the future maintenance agreement to check and clean out the basins.
Roberta Smith, 106 Chalker Beach Rd., passed out photos showing the flooded area after a rain storm. Ms. Smith urged the Commission to deny the application.
Ronald Bolduc, 7 Garden St., asked if the water could be contained and hauled away.
Paul Smith closed the public hearing once all the audience members had spoken. Attorney Royston concluded that the applicant would be amendable to a maintenance plan for the catch basin system in the parking lot. Attorney Royston said the cleaning of the channel would be subject to the permission from the owners in the area. Attorney Royston admits that flooding exists in the area. Attorney Royston said it is up to the applicant to not make that flooding worse and the applicants is going to exceptional means to do this by purchasing the corner lots at Center Rd. and Center Rd. West for a large retention pond to hold the runoff and release it slowly downstream.
Robert Sonnichsen, Delta Engineering Services, stated that the water flooding Chalker Beach is salt water from the tides, not fresh water run off. Mr. Sonnichsen stated that the ground water infiltration units will drain out and some of the water will be recycled.
Paul Smith closed the public hearing and announced that the deliberation will be during the next regularly scheduled meeting at 7:30 p.m., on June 15, 2006, at Pasbeshauke Pavilion.
IV. OLD 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: Accepted: 4/20/06, Decision by 6/23/06.
Dan Sherman summarized the application regarding the construction, materials and landscaping of deck. The Commission members discussed the need to use hand tools for construction and no heavy equipment is allowed in the rear of property because of the wetlands.
MOTION to approve application #06-030, Dan & Marnie Sherman, 19 So. View Terrace (Map 21, Lot 34), with the following conditions:
1.) Plan approved, dated 4/7/06.
2.) No heavy equipment to be brought to the rear of the house for construction of the deck – only hand equipment to be used.
MADE by P. Smith. SECONDED by J. Preston. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, R. McIntyre, C. Sohl, J. Preston, W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
B. 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: Accepted: 4/20/06, Decision by 6/23/06.
Cindy Lane passed out new plans showing the pool location and a smaller deck which was reduced in size by 75 feet. Ms. Lane mentioned that the deck would be constructed by hand and the pool will be above ground.
Paul Smith said the concrete truck being used to pour the foundation of the 4- season room cannot go beyond the garage. Mr. Smith stated that the back hoe vehicle must have tires and not tractor treads.
MOTION to approve application #06-032, Kevin & Kindy Lane, 49 Cricket Court (Map 16 & 22, Lot 23), with the following conditions:
1.) Plans approved with revised date of 5/18/06.
2.) Cannot drain water from pool toward the wetland.
3.) Wetland Enforcement Officer will check that silt fence is constructed before ground is broken.
4.) Cement truck will not be allowed past the garage.
MADE by J. Preston. SECONDED by W. Pollock. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, R. McIntyre, C. Sohl, J. Preston, W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
V. NEW BUSINESS
A. 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, Point One Architect, summarized plans dated 5/16/06, to change the 3-bedroom house to a 4- bedroom, replace old septic system with a new septic system and leaching field.
Fern Trembly of Angus McDonald, talked about the soil and percolation test results which he used to determined the location of the new septic system. The Commission members requested that Mr. Trembly do additional test holes to determine if the septic system can be moved further away from the wetlands. Paul Smith asked that the plans show where the existing reserve area is and where the new reserve area is proposed.
MOTION to accept application #06-031, Rob & Linda Lee, 18 Cinnamon Ridge (Map 50, Lot 17-7). The next regularly scheduled meeting for this application will be held on Thursday, June 15, 2006 at 7:30 p.m at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension. MADE by P. Smith. SECONDED by J. Preston. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, R. McIntyre, C. Sohl, J. Preston, W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
B. 06-031 Olek Golinowski, LLC. (1.15 total acres of wetlands)
Application to construct a road for access to residential subdivision.
165-167 Bokum Road (Map 61, Lot 13), Residence AA-3 District
ACTIONS: Accept complete application, determine activity significance;
request Ordinance 71 technical fee.
Morris Woodworth, engineer for the applicant, spoke to the Commission members about the
proposal to develop an entirely wooded 18 acres site on Bokum Road. Mr. Woodworth said
there were 2 wetlands located on the property and he spoke about the need to fill 375 cubic yards of the wetlands for access to the property. Mr. Woodworth said the access road would be a paved Town road that would be constructed by Town standards and some blasting was expected.
The Commission members asked for an opinion from the Town soil scientist stating the quality of the wetlands that exist on the property. Mr. Smith asked that the applicant to provide additional information regarding the contour of the land in the northeast corner.
MOTION to accept application #06-033, Olek Golinowski, 165-167 Bokum Road (Map 61, Lot 13). The next regularly scheduled meeting for this application will be held on Thursday, June 15, 2006 at 7:30 p.m at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension. MADE by R. McIntyre. SECONDED by W. Pollock. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, R. McIntyre, C. Sohl, J. Preston, W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
MOTION to deem this application a Significant Activity, application #06-033, Olek Golinowski, 165-167 Bokum Road (Map 61, Lot 13) which will require a Public Hearing at the next regularly scheduled meeting to be held on Thursday, June 15, 2006 at 7:30 p.m at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension. MADE by R. McIntyre. SECONDED by W. Pollock. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, R. McIntyre, C. Sohl, J. Preston, W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
MOTION to require Ordinance 71 for engineering and legal assistance on application #06-033, Olek Golinowski, 165-167 Bokum Road (Map 61, Lot 13). The next regularly scheduled meeting for this application will be held on Thursday, June 15, 2006 at 7:30 p.m at the Pasbeshauke Pavilion, Saybrook Point Park, 155 College Street Extension. MADE by R. McIntyre. SECONDED by W. Pollock. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, R. McIntyre, C. Sohl, J. Preston, W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
VI. INFORMAL DISCUSSION – Merritt Lane Holdings, LLC. (27.55 total acres of wetlands).
Joe Wren discussed the possibility of subdividing the 27 acre site into 5 house lots. Mr. Wren had gone to the Planning Commission previously and they are interested in acquiring a Town easement on a portion of this property. Mr. Wren said the location of the wetlands has been flagged by Rich Snarski and the 4 or 5 house lots will be outside the regulated zone and the road will end with a paved cul-de-sac.
Commission members asked if they could do a site walk of the property. Mr. Wren said that would be acceptable.
VII. REGULAR BUSINESS
Robert McIntyre left the meeting at 12:10 p.m.
A. Staff Report
None
B. Representative Reports
MOTION to allow wetlands agent to work with the director of Public Works, Larry Bonin, to administratively approve activities adjacent to wetlands along Bokum Road relating to shoulder grading and upgrade of guard rails, culvert headwalls and other roadside issues. MADE by P. Smith. SECONDED by W. Pollock. No discussion on the motion. IN FAVOR: K. Gallagher, P. Smith, C. Sohl, J. Preston, W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
C. Correspondence
MOTION to have Attorney Michael Cronin investigate the wetlands jurisdiction issues raised by the letter from Attorney Royston dated 5/18/06 regarding the Detention Pond for Max’s Place Development, Map 26/Lot 6-15A & B. MADE by P. Smith. SECONDED by W. Pollock. Mr. Smith further stipulated that Attorney Cronin’s findings as to the Commissions jurisdiction should be reported to the Planning Commission by the Agent as soon as a conclusion is reached. IN FAVOR: K. Gallagher, P. Smith, C. Sohl, J. Preston, W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 5-0-0.
D. Approval of Minutes
MOTION to accept the minutes of the 4/20/06 IWWC meeting with a text change on p. 4, to read: Paul Smith called for a break at 10:00 p.m and reconvened at 10:15 p.m. MOVED by Paul Smith; SECONDED by W. Pollock; IN FAVOR: P. Smith, K. Gallagher, C. Sohl, W. Pollock, J Preston. OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
VII. ADJOURNMENT
MOTION to adjourn the meeting at 12:35 p.m. until next regularly scheduled meeting on Thursday, June 15, 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, J. Preston. OPPOSED: none; ABSTAINING: none; APPROVED: 5-0-0
Next Regular Meeting
Thursday, June 15, 2006
Pasbeshauke Pavilion
155 College Street Extension
Respectfully Submitted,
Andrea DeDominicis, Recording Clerk
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