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Inlands Wetlands Commission Minutes 07/22/2014 Amended






 AMENDED MINUTES
REGULAR MEETING
OLD LYME INLAND WETLANDS AND WATERCOURSE COMMISSION
JULY 22, 2014


PRESENT WERE:  Skip DiCamillo, Janet Bechtel, Stanley Kolber, David McCulloch, Mike Moran, Evan Griswold and Christian Tompkins.

Chairman DiCamillo called the meeting to order at 7:00 p.m.

MINUTES OF REGULAR MEETING DATED JUNE 24, 2014

Janet Bechtel made a motion to approve the Regular Meeting Minutes of June 24, 2014 as submitted.  Mike Moran seconded the motion.  The motion passed unanimously.

MINTUES OF SITE WALK MEETING DATED JULY 2, 2014

Janet Bechtel made a motion to approve the Site Walk Meeting dated July 2, 2014.  Mike Moran seconded the motion.  The motion passed unanimously.

NEW BUSINESS

14-19 – 29 NECK ROAD – BRIAN & KELLIE FARNHAM – CONSTRUCT A NEW FRONT ENTRY ADDITION WITH LANDING AND STONE PATIO ON SOUTH SIDE, SCREENED PORCH, DECK, WITH PERGOLA, PATIO/LAWN GARDEN AREA AND LANDSCAPING RETAINING WALL ON NORTH SIDE.  A PORTION OF WORK IS WITHIN THE REVIEW AREA.

Joe Wren, Professional Engineer with Indigo Land design presented the proposal on behalf of the applicants, Brian and Kellie Farnham.  The property is located on the corner of Neck Road and Huntley Road and is approximately two plus acres.  He noted there is an older farm house located in the center of the property as well as an existing barn and driveway.  He noted there are wetlands on the property which are shown on the site plan.  The proposal includes a minor addition to the front to modify the entry way, create a lawn area on the south side with a retaining wall with a maximum height of 3 /12 feet and in the northeast corner which is outside the 100 ft. review area will be a combination of  landscape and gardens.  He further noted a screen porch will be added in the area that already has existing decking.  Wren circulated photographs of the areas of improvements.

Wren noted improvements were done at this property approximately ten years ago and at that time it was determined to be a vernal pool on the property.  He noted as a result he had Rich Snarski, Soil Scientist visit the site and he determined the proposed work will not have any impact on the critters in the vernal pool.  Wren noted Snarski will be submitting a report to the commission.

Bechtel asked for clarification of the location of the proposed improvements.  Wren clarified the locations on the plan and the photographs.  
Kolber noted the regulations outlined criteria for activities in the vicinity of the vernal pool.  The commission noted that regulation was recently amended.  Bechtel stated when the commission revised the regulations it was a matter of it being 100 ft. but the intent was to give the commission the ability to regulate up to 400 ft.

The commission set a site walk for Wednesday, July 30, 2014 at 5:30 p.m.   

14-18 – 3 Machnik Drive – Construct a 60 ft. x 100 ft. long by x 30 ft. building for the storage of public works equipment.  Underground existing tanks to be removed and replaced with code compliant above ground storage tanks.  

Tom Metcalf, Professional Engineer presented the application on behalf of the Town of Old Lyme.  He said the proposal is to construct a new storage building which requires a Special Permit from the Zoning Commission.  He noted as part of that process the application gets referred to the Inland Wetlands and Watercourses Commission.  Metcalf stated he sent a letter to the commission dated May 26, 2014 stating that it does not appear the project requires permitting but would appreciate a review by the commission and the comments be forwarded to the Zoning Commission to be included as part of their review under the Special Permit guidelines.  Metcalf stated the proposed building will be located in the center of the property where all the existing activity presently takes place for the Public Works Department.  Metcalf stated he was not a soil scientist but in his professional opinion he did not feel there were any wetlands on the property, therefore he did not formalize an application to this commission.  Metcalf reviewed the site plan with the commission delineating the existing structures as well as the proposed location for the new building.  He noted it would be a hoop like structure with precast concrete blocks with an open front that would store both salt and sand.  He noted the proposed location for the structure is very flat.  He also noted they will be replacing the existing dry well with a new one so it is no longer exposed.  He also noted they will be replacing the underground storage tanks with above ground code compliant storage tanks which are a better system.

DiCamillo asked where the closest wetland or watercourse is located.  Metcalf stated it was located across the road.  DiCamillo asked the distance.  Metcalf indicated it was over 150 feet from the road.  

Kolber asked Metcalf if he was a soil scientist.  Metcalf indicated he was not but noted he has visited many properties over the years and feels he knows a wetland when he sees one.  Kolber clarified that no flagging was done at the site.  DiCamillo stated he has seen the property many times and feels comfortable with Metcalf’s observations.  McCulloch concurred.  

Evan Griswold made a motion for a finding of no jurisdiction on the 3 Machnik Drive application submitted on behalf of the Town of Old Lyme.  Christian Tompkins seconded the motion.   The motion passed unanimously.

14-18 – Boat House/Hains Park Improvements – 166 Boston Post Road – Renovation and updates to site layout, grading, drainage, sanitary utilities, and various other appurtenances.  Basketball court will be replaced with new court and site drive will be widened.  

Professional Engineer Will Walter with the BSC Group presented the application on behalf of the Town of Old Lyme.  He oriented the commission with the site and the structures.   He explained the proposal is to demolish the existing boathouse reusing the existing concrete pad for the new building.  He noted the basketball court will be moved back a little further and reduced in size, expanding the entrance and turning radius for the boaters, and to address the current erosion some reinforced turf will be installed.  He stated a swale will be installed behind the new basketball court.  He stated the existing bathroom is serviced by the existing septic system which is located underneath the gravel parking area.  He stated two small bathrooms will be installed and the existing system is adequate to handle.  

He stated the erosion control measures have been done in compliance with the DEEP manual.  He stated a silt fence will be installed around the entire area. He also provided the commission with the Temporary Erosion and Sedimentation Controls which will be finalized at the time of construction.  

DiCamillo stated the commission received a letter dated July 18, 2014 from Sonia Marino, Town Sanitarian.  DiCamillo stated she indicated final approval for any Central Sewage System needs to be reviewed by the CT DPH Environmental Engineering Program.  She also noted that these reviews and approvals could be a lengthy process.  

Paul Gianquitto, Co-Chairman of the Boathouse/Hains Park Committee stated one of the constraints with this project is trying to fit the project into a fairly tight window of opportunity when the Boat House is not being used by either the high school or the local clubs.  He noted that window runs from November to March.  He stated the goal is finalize the design and complete all the applications with the town in a very short period of time to allow the project to go out to bid and begin construction in November.  He stated there are two options as far as the septic.  He said the first is to do a combined system which has been explained.  He stated at this point it has been indicated the state approval is just a formality.  He further stated some additional test pits have been done on the site and the nature of soil and water table are perfectly acceptable for a new leaching field that will serve only the boat house.  He said they are trying to avoid that due to the cost.   

DiCamillo stated the timeline is very tight and the commission could not approve this application until August.  He further stated if the plan is revised as a result of the health reviews at the state level the application may need to come back before the Inland Wetlands and Watercourses Commission.  
Gianquitto stated if for any reason the septic became an issue the project could be separated and not put the proposed bathrooms into operation.  He stated the big feature of this building is to house the boats and keep the program operating.  

Bechtel stated the major impact of the project is the Boat facility and the septic will have no impact if the one that is presently in place is approved by the state.  She said if  it is unacceptable and needs to be altered they would have to come back in with another application.  She said they have already done test pits and indicated that it would be located out of the review zone.  Bechtel stated the biggest impact is the erosion that is currently on the site which will be corrected and in her opinion with this proposal and the small addition that occurs within the 100 ft. review zone she does not feel the activity is significant.  

Gianquitto also informed the commission that during the design process the Rogers Lake Association, Parks and Recreation, Conservation Commission were all invited to attend the meetings.   He further noted at that time we explained what was going to be done at the site and asked for their input or concerns about the site.  He further noted an application was granted by the Zoning Board of Appeals for a height variance.  

Keith Rosenfeld asked Mr. Will Walter to explain how the septic will be installed.   He said a trench will be dug 3 ft. wide by 3 ft. deep from the building to the septic system and a septic lateral will be installed and a layer of stone will be placed in the trench and the material excavated will be put back over the pipe.  

Evan Griswold stated he felt the proposal is a much improvement over what is currently at the site.  

The commission set a site walk for Wednesday, June 30th, 2014 at 6:00 p.m.

OLD BUSINESS

14-12  - DAVID EWERS – 15 OSCEOLA TRAIL – TEAR DOWN BATH HOUSE AND REPLACE WITH STORAGE AREA.

DiCamillo stated the commission visited the site.  He noted at that time the commission had no issues regarding the site and informed the applicant he did not need to attend the next meeting.

Christian Tompkins made a motion to approve the application as submitted.  Dave McCulloch seconded the motion.  The motion passed unanimously.

14-13 Graybill Properties  - 151 Boston Post Road – Relocation of existing commercial use to a new building located on the same premises.

A letter was submitted from Tony Hendriks formally withdrawing the application.

14-14 Robert & Toni Judge – 27 & 31 Rogers Lake Trail – Modification of the existing permit for a proposed outside generator and new exterior deck dimensions.  
Paul Coty, Harkin Engineering was present to discuss the application.  DiCamillo noted the commission visited the site.   He said the application was originally approved with a small landing outside and the proposal is to increase the size of the deck and locate a small generator on the outside of the garage.  
DiCamillo asked where the tank was going to be located on the site.  Groves noted that back in May the plan was modified with an administrative zoning compliance permit to include the installation of an underground propane tank.  Mr. Coty drew the approved tank location on the plan.
Janet Bechtel made a motion to approve the application as submitted with the propane tank shown on the plan.  Evan Griswold seconded the motion.  The motion passed unanimously.
14-16 – Mary Elizabeth Chadwick – 31 Library Lane – Replacing damage existing drain pipe beneath right of way.
The commission visited the site.  The applicant submitted an improved sketch of the proposed work.  The contractor was not present at the meeting.  The commission reviewed the new drawing and discussed how the work would be done.  
Keith Rosenfeld reviewed the conditions that he had suggested if they chose to approve the application.
Evan Griswold made a motion to approve the application with the following conditions:
  • A row of staked hay bales should be placed (perpendicular to) across the intermittent watercourse at both ends before the pipe(s) are excavated to prevent possible impacts during the removal of the old pipes.
  • Proposed construction should be scheduled during the time of the year when the watercourse is the driest, utilizing minimal amount of  time to complete the project.
  • All excavated material should be stored (if possible) outside of the Upland Review Area and controlled with the appropriate erosion and sedimentation controls.
  • All excavated material should be removed from the property and disposed of in the appropriate manner.
  • Prior to starting any work, the applicant will notify the Wetlands Enforcement Officer.  
Christian Tompkins seconded the motion.  The motion passed unanimously.  
ZONING ENFORCEMENT REPORT
Tantummaheag Road
Keith Rosenfeld reported that he visited the site and took some pictures.  He further said he sent a letter to the property owner Mr. Rives Potts making him aware of the work that was done and informing him the work was done within the regulated area.  Subsequently he met with Mr. Pott’s at the site and he stated the work that had been done was not what he wanted and was done while he was away.  Mr. Potts apologized and very much wants to obtain the necessary permits and will be submitting an application prior to the next IWWC meeting.
29 Library Lane
Keith Rosenfeld reported that he had sent the property owner a letter about what they observed at 29 Library Lane while visiting Mrs. Chadwick’s property at 31 Library Lane.  He noted he has not yet heard from the property owner but will follow up prior to the next IWWC Meeting.
370 Shore Road
Mr. Rosenfeld visited the site and saw the activity within 100 feet of the wetlands.  He reported that Mr. Dubois contacted him and gave him the Emergency Forest Restoration Program Plan.  He stated at the urging of the DEEP and Amtrak they asked the homeowner Donald Woods to hire a forester and identify the trees that would be threatened during a storm situation and tag them and through an environmentally friendly manner remove them.  Rosenfeld stated it was approximately 15 to 16 trees which would be removed by a machine with a large arm in an effort to minimize disturbance. Rosenfeld stated he reviewed the plans and observed the work being done on the site.   He said presently a pile of trees away from the brook which will be picked up shortly.  Rosenfeld stated he will contact them and have them submit an application to create a record of the activity on the site.
Placement of Enforcement Officers Report on Agenda
Stanley Kolber stated that he felt it was important that the Enforcement report be placed at the top of the agenda to allow for the public to hear and understand that the commission feels enforcement is important.  He felt this would have an impact.  
The commission concurred and it will be placed under the approval of the minutes.  It was also noted if the report is lengthy they can make the decision at that time to move it to another place on the agenda.  
Christian Tompkins
Tompkins informed the commission he had received a scholarship from his school for the student who shows the most promise as a professional geographer.  Congratulations to Christian!!!
Respectfully submitted,

Kim Groves
Land Use Administrator