MINUTES
OLD LYME INLAND WETLANDS AND WATERCOURSES
REGULAR MEETING
JUNE 26, 2018
Present were: Rachel Gaudio, Tom Machnik, Evan Griswold, Robert DiPianta, Gary Gregory and Bill McNeil.
Chair Gaudio called the meeting to order at 7:00 p.m.
MINUTES OF THE SITE WALK DATED MAY 9, 2018
Evan Griswold made a motion to approve the Site Walk Meeting Minutes dated May 9, 2018 with the correction that Robert DiPianta was not present at the walk. Tom Machnik seconded the motion. The motion passed unanimously.
MINUTES OF THE REGULAR MEETING DATED MAY 22, 2018
Bill McNeil stated he did not vote for the Hope Partnership Application as stated in the meeting minutes. Rachel Gaudio stated when she asked if there were any members in opposition and no statements were made on the record. Therefore, she said it would have to be an abstention. Gaudio stated that rather than a unanimous vote, there would now be a single abstention.
Todd Machnik made a motion to approve the Regular Meeting Minutes as amended. Robert DiPianta seconded the motion. The motion passed. Voting in favor: Gaudio, Machnik, Griswold, DiPianta.
Voting Against: 0 – Abstentions: Gregory and McNeil.
18-06 REGION DISTRICT 18 – LYME/OLD LYME PUBLIC SCHOOLS – 69-2 LYME STREET – PROJECT IS INTENDED TO UTILIZE SURFACE WATER FROM THE POND ON SITE WHICH IS DUCK RIVER, FOR LANDSCAPE IRRIGATION
John Rhodes, Director of Facilities and Technology presented some background on the proposed project. Rhodes stated that Regional District #18 has their own community water systems for the school which includes 4 drilled wells approximately 400 ft. He stated about two years they began running out of water. He stated they actually drained the 120,000 gallon water tank onsite. He said this occurred in the summer and as a result they had to bring in water tanker trucks. He said the community system serves three schools, as well as the Town Hall, Fire House, Historic District, and Lyme Youth Service Bureau in addition to the two athletic fields.
He said at the end of July and beginning of August they need to put down an inch of water to keep the grass healthy and ready to go for the fall soccer season. Rhodes explained that an inch of water is about 98,000 gallons of water. He said in a dry summer which isn’t always the water presently on site is not sufficient. He said the wells on the property currently yield about 14 gallons per minute. Rhodes further explained they retained John Sima , Sima Drilling Company to conduct an assessment and he suggested another well be drilled and one of the existing wells be abandoned. Rhodes stated they formed a committee to explore solutions and they looked at many options such shallow wells and underground storage etc. As a result of the study they have come up with this
proposal that is before the commission.
Thomas Knowlton, P.E. of Milone and MacBroom distributed plans for the commission members to review. Knowlton stated the school currently has two athletic fields and this proposal would replace using the potable water with pond water. He stated they will need to draw 60 gallons per minute out of the pond to supply the existing sprinkler irrigation system. He stated they will also propose a screen on top of the area which will prevent leaves and debris from getting into the system and the screen will be automatically cleaned which will require an additional 10 gallons per minutes but that flow will go directly back into the pond. He stated they would need buried electrical to power the pumps.
Knwolton stated the pond is 6.8 acres surface area with a dam approximately 2 ft. to 3 ft. tall. The pond has 2.4 million gallons. He said they did a flow test in December at which time they measured the amount of water that was pumped out and the drop in water level. He noted they also measured the amount that is coming in from upstream which was about 180 gallons per minute for the recovery rate. He noted they may do another test in July. Rhodes noted they would still be using the water tank in the summer because the water in the tank still needs to be continually turned over.
Knowlton noted the valves would be open but the pumps would be controlled. They noted there will also be a float next to the screen so if the water level does drop the pump will not come on. Rhodes stated the proposal is to take a couple of inches out of the pond.
McNeil asked how many people use the pond as a water source and who controls the dam. Mr. Kerr stated he controls the dam and noted his dug well is approximately 9ft. from the pond. Mr. Kerr expressed concern about the amount of water in the pond in the summer months.
DiPianta asked if they explored the option of capturing the roof runoff. Rhodes noted all the roof water is directed into the drains so that is already occurring. Rhodes explained that during the summer months there are no students so there is very little gray water. The issue of purchasing tanker trucks was also discussed and determined not to be a feasible option.
Knowlton stated the pump station will be above grade on a concrete pad with a metal enclosure. He stated the pad is 6 ft. x 4 ft. and the enclosure is 3 ft. x 5 ft. and is approximately 4 ft. tall. He stated it will have discharge piping on one end and suction piping on the other end. He said the discharge piping will be buried and go up to the high school to connect to the irrigation system. He stated the pump will have pressure controls for the pond to shut off the pump at a preset water level as well and as start and stop the pump. It was noted the irrigation will be done by sprinkler systems.
Tom Machnik asked where the 100 ft. review area was shown on the plan. It was determined it was not shown on the plan and would be added prior to the next meeting. Machnik ask if a diversion permit would be required. Knowlton noted it would be less than 50,000 gallons therefore it would not be required.
Griswold asked if an environmental assessment had been done as to the impact on the pond. Knowlton stated one had not been done.
The commission agreed to set a Site Walk for Thursday, July 12th at 5:30 p.m. The members will meet behind the high school at the loading dock.
PROCEDURE AND COMMUNICATION AT AND BETWEEN IWWC MEETINGS
Rachel Gaudio stated she wanted to add procedures and communications to the agenda based on the emails and phone calls she had received since the May meeting. She stated that she thought a lot of members had attended the Land Use Workshop on June 5, 2018 which discussed Legal Requirements and Procedures and Roles and Responsibilities. Gaudio stated that presentation included information about the Freedom of Information Act (FOIA) and communication between commission members at and in between commission meetings. She further stated everything the commission does is governed by Connecticut General Statutes and the Town of Old Lyme Inland Wetland and Watercourse Regulations. She stated in between meetings commission members are welcome to email her but requested that Kim Groves is copied on
the email to comply with the Freedom of Information Act. She stated after a meeting commission members cannot further discuss something that has already been acted on at the meeting. She noted that once the vote is taken it is final. Gaudio stated the members cannot continue further discussions after a decision is reached.
Gaudio also told the members they were certainly welcome to call or email her anytime with their concerns but if it is something to do with a different commission they should direct those concerns to that commission.
Gary Gregory stated when the meeting was moved to the downstairs Meeting Hall from the Mezzanine Conference Room there was not a microphone so he was unable to hear as well. He further stated he was handed a piece of paper and was asked if everyone had a chance to read the correspondence and he didn’t feel like saying no. He said he felt it should have been sent to him earlier so he could have had an opportunity to read it. Gaudio stated it was actually sent to the members earlier in the day. Gregory stated if the town received that letter and was aware they were going to hand it out at the meeting he should have a chance to read it. Gaudio stated it was sent to everyone in the day. She also noted that she informed the paralegal who sent out the document to in the future direct all
correspondence to Kim Groves who in turn will make sure the commission members receives the document. Gaudio stated if any member has not had an opportunity to read the letter she is more than happy to put a pause on the public hearing and give everyone the opportunity to read the letter. Gregory stated it would take him a long time to read the letter and fully understand it. Gaudio also noted the attorney who sent the correspondence was also present at the hearing and sitting in the front row and he certainly could have explained or discussed the letter with the commission if any of the members had questions. She said in the future she will give more of an effort to ensure that everyone has adequate time. Gaudio stated she did go through the letter point by point at the meeting and stated that the town engineer would be reviewing this application. Gregory expressed concern the application was approved
without the engineering review. Gaudio explained it was a conditional approval pending the town engineer’s review. Gregory stated he felt the engineer should have validated the applicant’s numbers. DiPianta stated if a member had a concern they should have voiced that concern at the meeting. Gregory stated he was not going to say in front of the whole town he had not read the document. Gaudio stated she cannot be faulted because a member did not make their concern known to the other members until after the meeting. Gregory stated he walked into a meeting and a piece of paper was thrown at him. Gaudio clarified papers were distributed at the meeting which often happens. Kim Groves explained that often counsel for the commissions do not get their letters to the members until just prior to the meeting. Commission members often arrive early to the meeting which provides them the opportunity to
review any new items/correspondence to the file. She further stated the file is available in the Land Use Office during town hall hours for any members to review.
McNeil stated he had not reviewed the minutes prior to the meeting. Gaudio stated that is actually the duty of the commission member to review the minutes and be prepared with whatever correspondence that has been sent out prior to the meeting. McNeil stated he was not familiar with how this all works. Groves noted that there is always continual education available for commission members to attend and the municipality will cover the cost or reimburse for the seminar. It was noted the town just held a Land Use Course the week prior for all members to attend and learn about their roles and responsibilities. It was noted all members receive a copy of the Inland Wetlands Regulations.
Gaudio clarified that this commission is only concerned with wetlands and the 100 ft. review area. She said the other issues and concerns will be addressed at the Zoning Commission hearing. Robert DiPianta stated that your personal feelings about an application are a non-issue if the applicant meets the criteria of the regulations. He further noted that this application has been before the commission for several months prior to the commission rendering the decision. Bill McNeil stated the plans continually changed. Kim Groves stated that plans will always change based on recommendations by the various commissions or staff reviews. All plans have a revision block on them. When something on that sheet is revised a date and reason is provided in the revision block
as to exactly what was changed. Plans are often changed after decisions are rendered to meet conditions the commission may have placed on the applicant.
Bill McNeil stated a perfect example is the reservoir at the affordable housing initially was designed in such a way it would flood the road. Gaudio stated she never heard about road flooding. McNeil stated the engineer’s assistant said that right up front and he got cross eyes from everyone in the room. McNeil stated they then redesigned it and raised it and it encroached more into the wetlands. He also noted they had some sort of a planting schedule but not an actual complete landscape design. He said the application was incomplete. He said it was a Home Depot parking lot and its septic system is in asphalt. McNeil stated the commission review was not very thorough. DiPianta stated if a member has concerns they need to ask for clarification. Gaudio also
noted applications can be extended but there is a specific timeline under the Connecticut General State Statutes that a commission has to receive and act on an application. McNeil stated it is not his responsibility if the applicant does not provide the proper information to make a decision. He stated he joined the commission because he had problems with his own application when he came before the commission. He stated he is trying to learn the process. Kim Groves explained there are Wetlands Seminars and Land Use Seminars and all members are encouraged to attend.
Gary Gregory asked where he can get the information about what the commission does or should do. Gaudio stated there is information in the Connecticut General Statutes Section 8 which guides municipalities and she further noted everything we do is subject to the Freedom of Information Act. She noted if there is a quorum of members emailing or discussing an application outside of the meeting that is a violation. We should not be discussing applications outside the meeting. She also noted the town has its own regulations based on the state statutes and may add additional requirements.
ADJOURNMENT
Evan Griswold made a motion to adjourn. Tom Machnik seconded the motion. The motion passed unanimously.
Respectfully submitted,
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