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Inland Wetlands & Watercourses Commission Minutes 11/18/2010
MINUTES
REGULAR MEETING
THURSDAY November 18, 2010 at 7:30 p.m.
Pasbeshauke Pavilion at Saybrook Point Park
155 College Street Extension

I.      CALL TO ORDER

Paul Smith called the regular meeting to order at 7:30 p.m.  Six commission members were seated to vote.  

II.     ROLL CALL

Attendant Members
Paul Smith, Chairman
Robert McIntyre
William Pollock, Secretary
Charles Sohl, Vice Chairman
Charles Wehrly
Kimberly Gallagher
Brendan McKeown arrived at 7:40PM & seated to vote

Absent Members
None

Attendant Staff
Joanne Rynecki, Clerk
Chris Costa, Enforcement Officer
Sandy Prisloe, Environmental Planner

III.    OLD BUSINESS

A.      10-011          Steven M. Walter
Residential addition on the rear of the house.
19 Dibble Road, (Map 46/Lot 6-10)
Action: Review and Act

The Applicant or representative was not present at the meeting to present the final plans for the lower level garage and driveway.  Therefore, the Commission must make a decision on the application as presented.  If changes are to be made to original plans then a new application must be submitted.

MOTION to approve Application #10-011 Steven M. Walter 19 Dibble Road, Map 46.Lot 6-10.  MADE by Robert McIntyre;  SECONDED by Kimberly Gallagher.   DISCUSSION: Amend the Motion to state that the approval does not include the relocation of the driveway to a potential new lower level garage.  IN FAVOR:  Paul Smith, Robert McIntyre, Charles Sohl, Charles Wehrly, Kimberly Gallagher and William Pollock; OPPOSED: None; ABSTAINED: Brendan McKeown;  APPROVED: 6-0-1


IV.     NEW BUSINESS

A.      “The Preserve” Modification to Approved Special Exception for Preliminary Open Space Subdivision Plan for 226 total dwelling units (925.82 total ac.) & Open Space (556.83 total ac.)
Ingham Hill & Bokum Roads (M55/L3, M56/L6, M61/L15, 17&18)
Residence Conservation C District, Aquifer Protection Area
Applicant: River Sound Dev. LLC, Owner  Agent: David M. Royston, Esq.
ACTION: Review and report for 12/1/2008 PC p.h.

The modification of a previously approved special exception for a preliminary open space subdivision plan for 226 total dwelling units and open space was presented by Attorney David Royston.  This property was reviewed under the original application in 2004 and a report was issued to the Planning Commission at that time.  However, the plans did not include the parcel on Bokum Road.  Attorney Royston referred to plans dated October 7, 2010 as he explained the project.  Chairman Smith reminded Attorney Royston that the IWWC must approve the final plans for project.  Attorney Royston understands that in order to go forward with an application for final site plan approval the applicant will have to come before the IWWC with a formal application.  

Attorney Royston explained that the plan is to develop the perimeter of the parcel with 3 subdivisions independent of the remaining 816 interior acres.  The 3 subdivisions could be done individually, or any combination of two, or all three at once.  

The first subdivision is located on the western side of the property near the Westbrook town line, “PRD West”.  Access to the property will be from Route 153 in Westbrook.  There are no wetlands or upland review areas within the site but, the access roadway is in close proximity to a large wetland area.  There will be individual sanitary systems for each unit which would be managed and maintained by the condo association.  Chairman Smith would like to see a central sanitary system considered as an alternate; and, Mr. Wehrly feels individual systems are better if not all units are sold at once.  

The Bokum Road subdivision or “Pianta Piece”, as it is referred to, is located on the eastern side of the property.  The preliminary subdivision plans dated 10/7/2010 indicate that 5 lots are in the upland review area and 1 has wetlands on the lot.  The proposed road passes through the upland review area and is located adjacent to a vernal pool.  

The Ingham Hill Road subdivision, on the southern portion of the property, has no wetlands on the lots, but 6 lots are in the wetland review area.  
Chris Costa asked the Commission to review the plans for Bokum Road as a conventional subdivision and as an open space subdivision.  Mr. Sohl is concerned about the vernal pool on the Bokum Road site.  Attorney Royston is aware of the locations of the vernal pools and the applicant will take them into consideration, but they haven’t done all the research yet.  Ms. Gallagher asked if the Ingham Hill Road parcel was open space on the 2004 plans.  Bob Doane, of Doane Collins Engineering, the engineer for the Applicant, said yes; and, the 22.43 acres of open space will be made up in this parcel plus the PRD West parcel on the western side of the property.  Attorney Royston added that each subdivision qualifies independently for the 50 percent open space requirement.  Chairman Smith feels the road on the plans for the Bokum Road subdivision is too close to vernal pool #37 and alternative locations and lot configurations should be considered.  Attorney Royston commented that the location of the road is the same as approved by the Planning Commission in 2006.  Mr. McIntyre said that we need to keep in mind that moving the road could be more detrimental to the wetlands with blasting to accommodate a road in other locations.  

The Commission will recommend to the Planning Commission that the applicant provide alternatives to the location for the road for the Bokum Road subdivision away from the vernal pool; and, consider a community sanitary system and a relocated road further from the wetlands for the PRD West property.  

It was the consensus of the Commission that the report to the Planning Commission be based on the IWWC’s 2004 report to the Planning Commission, and contain the following comments:
1. Possible alternatives for a community wastewater system for the PRD West property were discussed, but this Commission feels the issue is better addressed at the final stage of the application.  However, we encourage the Planning Commission to consider the need for the applicant to provide alternatives for other system styles for the final site plan review phase.
2. Plans for the Ingham Hill Road property note a number of housing sites that encroach on upland wetland review areas.  The IWWC expects to see final site plans and a wetland application.
3. The Bokum Road Parcel has a number of housing sites that encroach on wetlands and vernal pools; and, this Commission expects to see a significant amount of detail on the final plans.  This Commission has a considerable amount of concern with the location of the roadway passing through the upland review areas of the existing wetland and immediately adjacent to the wetland and vernal pool area.  We believe an alternative roadway alignment should nbe considered which could impact the 10 allowable housing sites shown on the plans, resulting in less than the 9 sites possible on the open space plan.   
4. The Town of Westbrook should be copied on the IWWC report.


MOTION to amend the Agenda to add Item B Application #10-016 under New Business.  MADE by Robert McIntyre;  SECONDED by Brendan McKeown.  NO DISCUSSION.  IN FAVOR:  Paul Smith, Robert McIntyre, Brendan McKeown, Charles Sohl, Charles Wehrly, Kimberly Gallagher and William Pollock; OPPOSED: None; ABSTAINED: None;  APPROVED: 7-0-0

B.      10-016          Mark Warren & Lissa Loucks
Addition of a 2 car detached garage, patio and driveway.
1 Merritt Lane, (Map 52/Lot 5-1)
Action: Accept Application, determine if significant activity and if Ordinance 71 fees required

Leonard Wyeth, the architect for the Applicant, presented plans for a 23’ x 33” unheated, detached garage next to the existing house.  The garage will be a 2 story wood frame structure on a concrete slab foundation.  An additional driveway will be installed of stone and oil.  The existing driveway will remain.  A terrace patio will be done in slate or stone pavers.   The swing set in the photos will be moved for construction.

Ms. Gallagher indicated that she is a friend of Mr. Wyeth, but feels she can be impartial.  Mr. Wyeth agreed.

Chairman Smith reviewed the wetland boundaries on the plans which indicate that the work will be within the 100 ft upland review area.  Gutters will be used on the garage and the Commission would like to see how the runoff will be handled.  Also, stockpiles must be shown on the plans with silt fencing around it.  Chairman Smith would also like the silt fence moved closer to the activity.  Routinely, silt fence is 10 feet off from the limit of disturbance.  Mr. Wehrly asked to see the cross section of the construction plans.  Ms. Gallagher asked what type of machinery will be used to dig the foundation and the patio and when construction is scheduled to begin.  Mr. Wyeth said excavation would probably be with a backhoe, but he is not the contractor.  Mr. Pollock asked what trees are being removed and Chairman Smith added that if trees are being removed and/or replaced need to be identified on the plans. Mr. Wyeth said one birch tree will be removed and one or both of two oaks may be disturbed. Replacement trees will be required by IWWC.

MOTION to accept Application #10-016 located at 1 Merritt Lane, Map 52/Lot 5-1.  MADE by Robert McIntyre;  SECONDED by Kimberly Gallagher.  NO DISCUSSION.  IN FAVOR:  Paul Smith, Robert McIntyre, Charles Wehrly, Brendan McKeown, Charles Sohl, Kimberly Gallagher and William Pollock; OPPOSED: None; ABSTAINED: None;  APPROVED: 7-0-0

MOTION to deem Application #10-016 not significant and not to require Ordinance 71 fees.  MADE by Robert McIntyre;  SECONDED by William Pollock.  NO DISCUSSION.  IN FAVOR:  Paul Smith, Robert McIntyre, Brendan McKeown, Charles Sohl, Charles Wehrly, Kimberly Gallagher and William Pollock; OPPOSED: None; ABSTAINED: None;  APPROVED: 7-0-0

Brendan McKeown was excused at 10:45PM

V.      REGULAR BUSINESS

  • Staff Report – Members will be notified via email when packets are available for pickup for the meetings.  If packets cannot be picked up they will be mailed.  The Clerk will verify if the first floor conference room is available as an alternate meeting space for 2011.         
  • Representative & Subcommittee Reports –  A Town Meeting is scheduled for Monday 11/22/2010 at 7:30PM at the Old Saybrook Middle School.  Mr. McIntyre reported that the PC approved the Public Improvement Regulations which would allow the PC to approve public improvements.  Ms. Gallagher reported that the CC issued a report to the PC on the Preserve modification.  
  • Correspondence –  included in packets
  • Approval of Minutes –  October 21, 2010
MOTION to approve the Minutes of October 21, 2010.  MADE by Charles Wehrly;  SECONDED by Robert McIntyre.  NO DISCUSSION.  IN FAVOR:  Paul Smith, Robert McIntyre, Charles Sohl, Charles Wehrly, Kimberly Gallagher and William Pollock; OPPOSED: None; ABSTAINED: None;  APPROVED: 6-0-0

E.      Approval of Schedule of Regular Meetings for 2011
  
MOTION to approve the Regular Meeting Schedule for 2011.  MADE by Charles Wehrly;  SECONDED by Robert McIntyre.   NO DISCUSSION.  IN FAVOR:  Paul Smith, Robert McIntyre, Charles Sohl, Charles Wehrly, Kimberly Gallagher and William Pollock; OPPOSED: None; ABSTAINED: None;  APPROVED: 6-0-0


VI.     ADJOURNMENT

MOTION to adjourn the meeting at 11:00 p.m. until the next regular meeting at the Pasbeshauke Pavilion at Saybrook Point Park 155 College Street Extension on December 16, 2010.  MADE by Kimberly Gallagher;  SECONDED by Charles Sohl.   IN FAVOR:  Paul Smith, Charles Wehrly, William Pollock, Kimberly Gallagher, Robert McIntyre, Charles Sohl; OPPOSED: None; ABSTAINED: none;  APPROVED: 6-0-0


Respectfully Submitted,

Joanne Rynecki

Joanne Rynecki, IWWC Clerk