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Inlands Wetlands Commission Agenda 11/03/2009
 



INLAND WETLANDS AND WATERCOURSES COMMISSION
SPECIAL MEETING AND PUBLIC HEARING
TUESDAY, NOVEMBER 3, 2009


PRESENT WERE:  Janet Bechtel, Robb Linde, Sabine O’Donnell, Dave McCulloch, Evan Griswold and Skip DiCamillo.

REGIONAL SCHOOL DISTRICT 18 – 69 LYME STREET – ACTIVITIES ASSOCIATED WITH SITE IMPROVEMENTS TO SUPPORT THE PROPOSED RENOVATION AND EXPANSION OF THE LYME/OLD LYME HIGH SCHOOL

Bechtel stated the hearing was closed at the Tuesday, October 27, 2009  meeting at which time draft conditions of approval were submitted for the commission to review.

The commission reviewed the language.  

Janet Bechtel made a motion to approve the Conditions of Approval as amended tonight.

Activities associated with site improvements to support the proposed renovation and expansion of the Lyme/Old Lyme High School.  

The application includes all documents listed on the Exhibit List and all testimony heard the Public Hearing.

Approval is granted to conduct the regulated activities described in this application subject to the conditions listed below.  

  • The location of the propane tank and access to the filler valve shall be outside of the 100’ review area; if the final location chosen is within the 100’ review area, approval of the location by the IWWC is required.
  • A “No Dumping” sign shall be installed at the west end of the wetland finger.
  • An Erosion and Sedimentation Control Sequence Narrative must be included on the plan.
  • The planting plans in the drainage basins are acceptable; the narrative shall be included on the construction plan.
  • Clearing limits shall be field staked by a Licensed Land Surveyor and inspected by the IWWC’s consulting engineer prior to any clearing.
  • Erosion and Sedimentation Control structures must be installed prior to any clearing.


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  • A copy of the Integrated Pest Management Plan must be submitted to the IWWC, and the IPMP is incorporated into this approval.
  • A signed and sealed copy of the Storm Water Pollution Prevention Plan must be submitted prior to issuance of the IWWC Permit.
  • The Post construction Stormwater Management System Maintenance Plan is a condition of approval of the IWWC Permit.
  • A copy of the DEP General Stormwater Permit must be submitted.
  • The Kleinfeltder/Finch letter of 8/6/09 to Webb, and the CHA/Sousa letter of 8/19/09, are incorporated into the plans as applicable, and as a condition of approval.
Erosion and Sedimentation Control bonding estimate, securing the protection and restoration (if necessary) of the wetlands and watercourses, shall be submitted to the IWWC for approval; and any bond required shall be held by the IWWC and must be in submitted prior to commencing construction.
  • A Replanting Bond estimate, securing the planting, maintenance and replacement (if necessary) of the buffer and/or wetlands plantings and landscaping noted in these plans, shall be submitted for approval by the IWWC. As this replanting plan pertains to water quality issues, which ultimately relate to the protection of the adjacent wetlands, this bond shall be held by the IWWC until the plantings have been established to the satisfaction of the Commission.
  • If the IWWC determines that School District 18 will require and hold bonding which will adequately protect the wetlands, the IWWC may, at its discretion, choose to wave the bonding requirements of this approval.
  • The applicant’s wetland scientist and/or landscape architect shall verify to the IWWC that the plantings have been completed in substantial compliance with the approved plans.
  • The design engineer shall monitor installation of the stormwater drainage system and provide verification to the Town's consulting engineer that the installation has been constructed in substantial compliance with approved plans.
  • During construction, if the site contractor believes changes, deviations or modifications ("changes" hereafter) to the driveway, site grading or drainage ("improvements" hereafter) from that which was approved within areas regulated by the Commission are necessary, the contractor must first apprise the design engineer of the proposed change, who must then assess the proposed change as it relates to the overall project.  The design engineer must then present the proposed change to the Wetland Enforcement Officer and/or Town representative (which includes an independent 3rd party satisfactory to the Old Lyme IWWC and the
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November 3, 2009


Town hired to monitor the project) for consideration. If it is deemed a significant change by the Wetlands Enforcement Officer and/or Town representative, the applicant shall seek approval from the Commission prior to enacting the change. Otherwise, minor changes can be approved by the Wetland Enforcement Agent and/or the Town representative. The initial assessment of any change to improvements from approved plans and conditions will be the responsibility of the design engineer and not the Town.
  • If these plans change as a result of reviews by other agencies, commissions or individuals, revised plans must be forwarded to the IWWC and the WEO to determine if additional review by the Commission is necessary.
  • Prior to the commission issuing a Permit, the final engineering details and bonding estimates must be acceptable to and approved by the Commission’s consulting engineer.
  • Not less than five (5) working days prior to the initiation of construction (which shall include any site clearing), the contractor shall arrange a pre-construction site meeting with a representative of the applicant, project design engineer, Old Lyme Zoning and Wetlands Enforcement Officer and the Town's consulting engineer or an independent 3rd party satisfactory to the Old Lyme IWWC and the Town, (to be hired at the applicant's expense), to monitor the project and all aspects of the Erosion and Sedimentation Controls, and to conduct necessary site inspections and issue status reports to this Commission, its agent and the Town.
  • Three paper copies of the modified plans incorporating these conditions as applicable must be submitted to the Inland Wetlands and Watercourses Commission prior to issuance of the Wetlands Permit and prior to beginning construction.
Two copies of the As-Built plan shall be submitted at the completion of the project.
The IWWC commends the School Board and Staff in their efforts during the approval process to protect the wetlands; and the IWWC commends the School Board and Staff for their stated intention to include a Wetlands Education Program as part of this project.

Robb Linde seconded the motion.  The motion passed unanimously.










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PUBLIC HEARING

RICHARD M. & DONNA D. BATTALINO – 166 MILE CREEK ROAD – CEASE AND DESIST ORDER – WORK EXCEEDING THE SCOPE OF THE WORK OUTLINED IN APPLICATION #09-25 WHICH IS PENDING BEFORE THE COMMISSION

Bechtel reported that Mr. Battalino contacted her upon receipt of his Cease and Desist Order.  She stated he stated in their conversation that he was very concerned because he did not feel that he had exceeded the scope of his pending permit or was doing anything in violation of what was discussed at his site walk.  He also stated he didn’t want to in any way upset the commission and therefore asked if her if she would visit the site.  Bechtel stated she told him the site looked like it had exceeded the scope to her and that the commission agreed that the two trees could be cut down and that area then needed to be stabilized with seed and hay.  Bechtel stated the commission requested that no other action take place until a map was submitted that demonstrated that the proposed work was outside the 100’ review zone.  Bechtel stated that Mr. Battalino indicated that Tony Hendriks was currently working on the map and that he will be submitting another application for additional work in the future.  

Bechtel stated he asked if she would be willing to stop by and look at the property.  She reported that she and Dave McCulloch visited the site.  She stated Mr. Battalino had a landscaping wheel and he marked a 100’ from the edge of the pond and flagged it with is dog flags.  Bechtel stated he is not working within the 100’ review zone from the edge of the water body.  Griswold asked if the wetland extended outside the pond.  Bechtel stated it definitely doesn’t extend in the upland area where he was working.  She stated the edge of the pond will definitely extend the wetland across his driveway and over to where there is a wetland finger but where he is working was up by the VanPatten property.  Griswold expressed concern as to whether the wetland extended beyond the pond edge.  He further noted it was difficult to determine without a determination of soils.   Bechtel stated Battalino has not taken down the dead trees because he was waiting for the commission to vote on the application which is why he started working on the stonewall which is up by the street  while he was waiting for his approval.   Bechtel stated he also has a huge split crotched tree that is completely rotted that he would like to take down and Dave McCulloch and I agreed when we walked the site that it should come down because it is dangerous.  Griswold asked if that would leave no dead trees on the property  for the habitat.  Bechtel stated she did not think any remained but noted there were probably dead trees in the adjacent  wooded area on the other side of the driveway.  




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Robb Linde stated it sounds like we are satisfied that Mr. Battalino is not in violation.   

The commission discussed the trees as to whether they felt there was potential danger or imminent danger.  

Bechtel stated her preference would be to look at the trees as imminent danger and deal with it tonight only because a tree in the area recently came down and took out two vehicles in the driveway.

Robb Linde made a motion to lift the Cease and Desist Order and to explicitly allow Mr. Battalino to remove the three dead trees due to the imminent danger of falling and causing injuries:  He stated that one tree is located near the pond, one across the driveway and the split crotched tree is approximately on the 100’ review zone and also stated the commission rendered a  finding of no violation at the site. Skip DiCamillo seconded the motion. The motion passed unanimously.

Respectfully submitted,



Kim Groves
Land Use Administrator