MINUTES
REGULAR MEETING
Thursday, November 15
December 20, 2012 at 7:30 p.m.
1st Floor Conference Room
Town Hall, 302 Main Street
I. CALL TO ORDER
Chairman, Paul Smith, called the regular meeting to order at 8:03 p.m.
II. ROLL CALL
Members Present
Paul Smith, Chairman
Janis Esty
Kimberley Gallagher
Judith Preston
Charles Wehrly
William Pollock
Members Absent
Charles Sohl
Brendan McKeown
Janis Holland
Staff Present
Sandy Prisloe, Inland Wetlands Enforcement Officer
Meryl Tsagronis, Recording Clerk
III. PUBLIC HEARING
A. 12-018 “TRACTOR Supply Company” Reg. Activity for Commercial Construction
401 Middlesex Turnpike (Map 52 / Lot 96)
Applicant: New England Retail Properties, Inc.: Agent: James Cassidy, PE
Public Hearing is postponed per Applicant’s request, is continued to January 17, 2013 at the 1st floor conference room, Old Saybrook Town Hall.
IV. OLD BUSINESS
None
V. NEW BUSINESS
“Ambrosino” Transfer of an Existing Permit
6 Merritt Lane (Map 52 / Lot 3-1)
Applicant: Bryan Ambrosino; Agent: Attorney David M. Royston
Permit P07-003
Attorney David M. Royston, agent for applicant, requested transfer of permit P07-003, issued in 2007 to Merritt Lane Holdings, to the new owners, Bryan and Erin Ambrosino. D. Royston explained that the property has been sold and new owners request the permit extension to April 2014 be issued in their name.
MOTION to approve transfer of Permit P07-003 from Merritt Lane Holdings to Bryan and Erin Ambrosino, 6 Merritt Lane; Applicant: Bryan Ambrosino; Agent: Attorney David M. Royston; MADE by K. Gallagher; SECONDED by J. Preston; VOTED IN FAVOR: P. Smith, C. Wehrly, J. Esty, K. Gallagher, J. Preston; W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
12-019 “Max’s Place” Modification of Original Permit
Corner of Boston Post Road, Spencer Plain Road & Center Road West (Map 25, 26 / Lots 2, 28, 29, 30 / 6-10, 6-11, 6-12, 32, 32-1)
Applicant: Max’s Place, LLC; Agent: Attorney David M. Royston
Paul Smith clarified that the Commissioners are considering acceptance of the application, determining whether or not it is significant, and whether or not Ordinance 71 Fees are required, and that the Commission is not hearing this matter.
D. Royston stated that this is a modification application. There were two permits issued for this property, both are extant. The first permit was for relocation of a cul de sac at Center Road West. The cul de sac has been relocated, and applicant is hopeful it will be able to do the activities under that permit which includes removal of the pavement on Center Road West. The second permit was for the activities involved on the property itself related to drainage: i.e an intermittent watercourse, a drainage swale. In 2006 the permits were granted and provided for filling of the intermittent stream, creation of a wetlands area, for a pond area. In 2009 that permit was revised in order to eliminate discharge of water into the wetlands, but rather create an additional detention facility on a separate parcel owned by Max’s Place LLC. Since that permit was issued in 2009, the shopping center received all its approvals, and has been waiting for a grocery store tenant, which it now has.
D. Royston added that the work down to Chalker Beach has already been complete, which was not a requirement of the permit. All the work has been done except for the removal of the Chalker Beach tie gate.
D. Royston explained that the applicant is now changing the configuration of the building. Originally the Big Y store was to be larger, 67,000 sq. ft., and the second building was to be smaller at 21,000 sq. ft, for a total of 88,000 sq. ft. of building. The new permit reconfigures the building, adds a liner building, changes the configuration of the other liner building, and some reconfiguration of the parking lot.
David Ziaks, Professional Engineer with F. A. Hesketh and Associates, explained that Max’s Place LLC has been actively pursuing a new grocery store. Big Y has entered into a lease agreement with Mr. Lyman.
D. Ziaks explained the complicated nature of the storm drainage system, noting the applicant is not proposing any changes to the macro drainage system. He added that Big Y now constructs smaller stores at 54,000 sq feet. They will be at the prominent location at the center of the site, joined by Kohls at 55,000 sq. ft., and the two liner buildings will be in front along the main road, which will frame the entrance.
K. Gallagher asked what is the change in the total square footage now versus the original specs.
D. Ziaks explained:
Phase 1: 106,855 sq. ft. with 611parking spaces; of which 495 parking spaces would be constructed and 116 parking spaces will be reserved;
Phase 2: 127,600 sq. ft. with 730 parking spaces; of which 601 parking spaces would be constructed, and 129 reserved.
D. Royston clarified that the permit issued July 20, 2006 was for the entire site at 135,000 sq. ft. of retail space. The Zoning Commission gave authorization to phase the project. Phase 1 consists of the square footage of the buildings at 106,000 sq. ft.
P. Smith asked why the Commission is not looking at the entire total phase of development.
D. Royston surmised that this was probably due to uncertainty as to where the buildings will be located.
P. Smith reminded the applicant that at some future date if the applicant wants to add more footage, they will need to come back before this Commission and will have to demonstrate all proposed activities to the property.
D. Royston acknowledged P. Smith’s concern.
D. Ziaks referenced sheet WI-1, Wetlands Impact Comparison.
P. Smith noted for the record that sheet WI-1, exhibit A-3 dated 12/12/12 has no revisions. Whereas exhibit A-2 revised through revision 7, does have revisions, and is dated 12/12/12.
D. Ziaks explained he attempted to superimpose the new proposal over the currently approved plan. He reminded Commissioners there is no direct wetlands filling proposed anywhere on the site.
D. Ziaks discussed the intermittent water course, and a drainage ditch running along a stone wall, concluding that there is nothing there that warrants a change in permit.
D. Ziaks explained that the real change and the crux of the application are the changes resulting from removing the Big Y store, swapping portions of the building, i.e. fire lane gets moved. There is some shuffling involved in the “upland review area” but there is no direct discharge to Wetlands #1, it is not involved in the overall drainage system. The changes are associated with the back corner of the Big Y store. All onsite drainage and utility lines need to shift, but does not affect macro drainage.
P. Smith asked S. Prisloe for clarification as to why this application was given a new permit number since the Commissioners are being asked to consider modifications to the existing permit. Even though this is a modification of an original permit, why was it given a new permit number?ont-size:10pt;color:#000000;">D. Ziaks responded that the sanitary treatment facility is a small, self-contained building, with no surface discharge. There is discharge but it goes to an underground leaching system.
D. Ziaks explained that the grocery store is the driving force behind the sewage treatment system.
P. Smith asked for what phase of development are the treatment facility and sub surface disposal area sized? 135,000 sq feet?
D. Ziaks explained that the treatment facility is rated at 6,ooo gallons per day, though he was not certain of this figure. Big Y will account for approximately 3,500 gallons per day.
P. Smith asked what if a restaurant goes into facility?
D. Ziaks explained that the treatment facility can handle a small restaurant, not a large family restaurant. The biggest restrictions this site has is due to sanitary sewage because of the soil conditions.
P. Smith clarified that the waste water goes to an underground subsurface leaching system.
W. Pollack asked if there is an access road from the east for fire trucks and emergency equipment to reach the cul de sac.
D. Ziaks responded in the affirmative.
Chuck Wherly asked if there is a time limit with the permit modification versus a new application.
D. Royston explained that both permits expire in 2014. The modification still goes to 2014.
ont-size:10pt;color:#000000;">K. Gallagher asked for clarification on Phase 1 versus Phase 2, and recommended that the map reflects what IWWC is being asked to approve. aramond" size="+0" color="#000000" style="font-family:Garamond;font-size:10pt;color:#000000;">D. Royston explained that the re-subdivision map has been filed on the land records, and a portion of Center Road West has been conveyed to Max’s Place LLC. Those deeds are being held in escrow pending their filing them on the Land Records because once Max’s Place files them on the Land Records they have merged the parcels and before they do that they have to have a grocery store, a developable project.
W. Pollack inquired about the sanitary treatment and emergency vehicles, in light of Building B now going to be Big Y, he asked if there is any thought to moving the treatment plant closer to Big Y.
D. Ziaks responded no, because there’s no engineering reason for it.;s Place” Modification of Original Permit, Corner of Boston Post Road, Spencer Plain Road & Center Road West (Map 25, 26 / Lots 2, 28, 29, 30 / 6-10, 6-11, 6-12, 32, 32-1); Applicant: Max’s Place, LLC; Agent: Attorney David M. Royston; MADE by K. Gallagher; SECONDED by W. Pollack; VOTED IN FAVOR: P. Smith, C. Wehrly, J. Esty, K. Gallagher, J. Preston; W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
MOTION to modify Motion to require Ordinance 71 fees for engineering review services to include legal fees as part of the public hearing process for application #12-019 “Max’s Place” Modification of Original Permit, Corner of Boston Post Road, Spencer Plain Road & Center Road West (Map 25, 26 / Lots 2, 28, 29, 30 / 6-10, 6-11, 6-12, 32, 32-1); Applicant: Max’s Place, LLC; Agent: Attorney David M. Royston; MADE by P. Smith; SECONDED by W. Pollack; VOTED IN FAVOR: P. Smith, C. Wehrly, J. Esty, K. Gallagher, J. Preston; W. Pollock; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
P. Smith summarized by stating that a public hearing is required for application #12-019 and is scheduled Thursday, January 17, 2013 at the Old Saybrook Town Hall, first floor conference room.
P. Smith asked S. Prisloe to advise Mr. Jacobsen that IWWC will require his services and to provide the Commission with his fee estimate, and that the applicant will be providing him with information.
VI. REGULAR BUSINESS
A. Minutes – November 15, 2012
MOTION to accept the regular meeting minutes of November 15, 2012; MADE by J. Preston; SECONDED by K. Gallagher; VOTED IN FAVOR: J. Esty, P. Smith, J. Preston, C. Wehrly, K. Gallagher; OPPOSED: none; ABSTAINED: W. Pollack; APPROVED: 5-0-1.
B. Election of Officers
Election of Officers will be held at next regularly scheduled meeting Thursday, January 17, 2013.
C. Correspondence
P. Smith reviewed the notice from North East utilities advising of work on power lines.
P. Smith discussed the letter from CT River Coastal Conservation to First Selectman Fortuna, highlighting the resources they have available i.e. training and workshops.
D. Committee, Representative & Staff Reports
K. Gallagher reported that she was reappointed Conservation representative to the Conservation Commission. She inquired if members had noticed the trees being cut down at Fenwick and at the golf course.
P. Smith asked S. Prisloe to check with the Borough of Fenwick about the trees being cut down. S. Prisloe stated he would first determine if the Commission has any jurisdiction in Fenwick. P. Smith asked S. Prisloe to also check on tree cutting activity in the area of the auto malls.
VII. ADJOURNMENT
MOTION to adjourn the meeting at 9:38 P.M. until the next Regularly Scheduled Meeting of the Inland Wetlands & Watercourses Commission scheduled for, Thursday, January 17, 2013, Town Hall, 302 Main Street, 1st Floor Conference Room; MADE by K. Gallagher; SECONDED by J. Preston; VOTED IN FAVOR: J. Esty, W. Pollock, J. Preston, P. Smith, K. Gallagher, C. Wehrly; OPPOSED: none; ABSTAINED: none; APPROVED: 6-0-0.
Respectfully submitted,
Meryl Tsagronis
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