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OLD LYME PLANNING COMMISSION
SPECIAL MEETING
WEDNESDAY, OCTOBER 1, 2014
PRESENT WERE: Harold Thompson, Chris Kerr , Edgar Butcher and Alternate Todd Machnik seated for Steve Ross, and Alternate Don Willis seated for Robert McCarthy. Also present were Attorney Cassella, John Flower and Kim Groves.
CONSIDERATION AND DECISION ON WPCA AND BOARD OF SELECTMEN ACTION FOR TOWN AND BEACH ASSOCIATION SEWER CONNECTION TO NEW LONDON REGIONAL WASTEWATER TREATMENT PLANT.
Thompson reported that the WPCA is planning on making a recommendation to the town to vote for approval for funding for the design and construction of a sewer system in the beach areas. Thompson stated that Old Colony Beach and Old Lyme Shores are planning on installing sewers. He noted each of those beaches have their own charter with their own WPCA.
Thompson stated the proposal by the WPCA is not consistent with the Town’s Plan of Conservation and Development. He also noted that the Town Sanitarian has indicated that there are no failed systems in Old Lyme. Thompson referenced a memo that was sent from the White Sands Beach Association to the WPCA stating that White Sands Beach Association is not interested in a sewer system. Thompson stated in prior meetings, the WPCA was asked as to what type of capacity was projected by this proposed system and there is no specific information available. He stated that a EDU rated system has been discussed. It had been assumed that the definition of an EDU would be coming from the DEEP but recent information suggests that the definition of an EDU will be defined by the WPCA.
Thompson stated that the WPCA is interested in exploring a source of funding for this project but the public still does not have answers to basic questions.
Thompson discussed the state statute which states that the town can only assess the property owner the increase value to the property due to the installation of the sewer system. Therefore, based on a study performed by White Sands Beach Association, the installation of sewers at White Sands Beach would increase the property values of individual lots between $6,000 and $16,000 and the average cost for installation of sewers to each unit was projected to be somewhere around $30,000.00. Based on this state statue, the Town of Old Lyme, would become liable for the difference, roughly half the project.
Thompson stated the WPCA is talking about a unilateral order from the DEEP and that has not been clarified. The FAQ provided by the WPCA states that the installation of sewers will clean up the beach area but there are no known incidents of beach water contamination due to malfunctioning septic systems.
Thompson stated the WPCA does not appear to have a charter. They don’t have regulations or the equivalent as do other boards and town agencies. Therefore, while other land use commissions have regulations that define the scope and authority of a specific commission, ordinances or equivalent documents that establish guidelines and acceptance criteria for the duties of a specific commission, the WPCA does not appear to have similar documentation.
Thompson stated also since there will be town improvements with the project the plan should be forward to the Planning Commission as a municipal referral under Section 8-24.
The commission discussed how they would like to proceed.
Todd Machnik stated he had attended several of the WPCA meetings. He expressed concern that there really is not a management plan in place and there is not a plan of building permits and how the whole system goes together and who is eligible for hookup etc. He stated that the way the process has been explained to him there is really no opportunity for any commissions and/or citizens to have any input. He stated as soon as the project is approved on October 27th it is done. The Town of Old Lyme residents really have no input except for the Board of Selectmen, who get to nominate new WPCA members every year for a 5 year term. He stated by a simple majority, the WPCA can change their own rules and this is a concern. He stated that to have a government agency that is
self-funded with no checks and balances through the Board of Finance or the Board of Selectmen is concerning.
Machnik stated the handout that was distributed on September 30th, 2014 at the WPCA presentation answered some of his questions but he stated they are just handouts and they are not binding. He stated these answers and rules need to be adopted so there is accountability as to what was agreed upon down the road.
Thompson noted that the handout was not signed and criteria listed in the FAQ sheet did not have reference documents. That is, the source of information is unknown and it is not clear if criteria listed in the FAQ sheet was binding or someone’ opinion.
Don Willis stated he never heard about any of the alternatives that were pursued. He stated he felt this project was being steamrolled ahead. Machnik explained that only two beaches have an order from the DEEP at this time and those two beaches were moving ahead on their own with their own engineering firms. Machnik stated then the town decided that they could do it better by trying to get everybody to work together and make it so the whole thing works. Machnik stated he did not concur with the town’s involvement.
Kerr stated he has no problem with the individual beach associations installing their own sewer systems. He stated the Town of Old Lyme does not need to be in the sewer business. He stated Point O Woods is functioning fine on their own. He stated the town’s zoning regulations will continue to limit the building and improvements in the beach areas with sewers. Kerr stated he felt once the sewers are in town they will be expanded to other areas in the town. He also noted that he didn’t feel a town meeting was the proper forum to approve this size project. He felt a referendum should be held for a $55 million dollar project.
Butcher stated he felt the sewers should be a town project just like the high school. Thompson stated it is being stated that it will only cost the users but he felt due to the state statute concerning property assessment, the town would be responsible for the balance.
Attorney Cassella stated he has read the WPCA minutes. He noted the meeting minutes of their May meeting stated they voted to “ follow the path of Option 2 , the WPCA will undertake management of the wastewater management plan for the entire shoreline with a shared infrastructure; and negotiate inter-municipal agreements that will benefit all parties.”
Cassella further stated it was his understanding they will be requesting bonding to be approved at a town meeting. Selectwoman Mary Jo Nosal stated this will be a different type of bonding than the town typically acquires. Cassella asked if this requires a referral to the Board. Cassella stated the concerns of this commission are how we can vote on something that has not actually been clearly defined with specific parameters. . Cassella asked what the next step was for the WPCA. Nosal stated they have a meeting scheduled for October 14th at 7 p.m. which will be followed by another question and answer session at 7:30 p.m.
Edgar Butcher asked if there was any information that was not on the printed handout. Commission members had received photos, charts and graphs but amplifying information relating to the handouts was very limited.
Machnik stated that Old Colony Beach and Old Lyme Shores hired Fuss & O’Neal to do a study to prove that there were pollution problems within their beach. Therefore Fuss & O’Neal provided the documentation that they were dirty. Machnik stated it is unclear whether they followed proper engineering and sampling rules. They were hired to prove there was pollution in which they did.
This allowed these two beaches to send this report to the DEEP and now the DEEP has sent them an order. He stated those are the only two beaches that have an order in place as of today.
Machnik stated Miami Beach has not yet decided. They haven’t been given an order from the DEEP but may possibly receive one this week.
John Flower stated at the WPCA meeting last night (September 30th) the audience was told that Hawks Nest Beach and White Sands Beach were imminently going to receive an order. Flower stated when the White Sands Beach property owners inquired about a DEEP order, they were told was the order was coming down. Flower stated at the prior WPCA meeting it was stated it was ready to be signed on a desk.
Flower stated he has been an acquaintance of Dennis Greci for 15 years. Therefore, he contacted Mr. Greci and he spoke with him and the only order that is on the table is for Miami Beach and he said that might be imminent. Flower stated he asked specifically if White Sands Beach and Hawks Nest Beach were going to receive an order and he was told specifically without hesitation that they are not receiving an order and they will never receive an order. He further stated if the Water Pollution Control Authority asked the DEEP for an order, an order will not be issued because there is no testing to indicate there is a problem. Therefore, an order cannot legally be issued to White Sands Beach or Hawks Nest Beach because they have no engineering testing that indicates that they have a ground water problem.
Cassella asked the status of Hawks Nest Beach. Machnik stated he believed it was made up of two groups. He noted neither group was associations. He stated that White Sands Beach is an association but have not formed their own WPCA.
The commission expressed concern about a project of this size with so many unanswered questions going to a Town Meeting. The commission felt there were still too many gaps and the vote should be done by referendum. Cassella asked what the timeline was for the Town Meeting. Cassella stated that the Planning Commission may want to ask both the Board of Selectmen and the WPCA to outline the specific steps.
Chris Kerr stated he would like the commission to send a letter stating the Planning Commission does not endorse this project at this time. He also suggested the vote be put out to a referendum rather than a town meeting.
Attorney Cassella will submit a letter to the both the Board of Selectmen and WPCA with the questions and concerns raised by the Planning Commission.
Machnik stated that he hoped the Clean Water money is only to abate water pollution but not to allow for growth.
Chris Kerr made a motion to send a letter from the Planning Commission to the Board of Selectmen and the Water Pollution Control Authority stating that the Planning Commission cannot endorse this project for the following reasons:
- Lack of charter, regulations and documentation.
- Proposed project is not consistent with the Town’s Plan of Conservation and Development.
- Lack of documented pollution on town controlled areas.
- Lack of information for outstanding questions.
Don Willis seconded the motion. The motion passed unanimously.
The commission agreed to forward their questions to Attorney Cassella.
Respectfully submitted,
Kim Groves
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