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Inlands Wetlands Commission Minutes 08/26/2014
INLAND WETLANDS AND WATERCOURSES COMMISSION
REGULAR MEETING
AUGUST 26, 2014


PRESENT WERE:  Chairman Skip DiCamillo, Janet Bechtel, Stanley Kolber, Evan Griswold, Dave McCulloch, and Tim Rollins.

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

MINUTES OF REGULAR MEETING DATED JULY 22, 2014

Janet Bechtel made a motion to approve the Regular Meeting minutes dated July 22, 2014 as submitted.  Dave McCulloch seconded the motion.  The motion passed unanimously.

MINUTES OF SITE WALK MEETING DATED JULY 30, 2014

Stanley Kolber made a motion to approve the Site Walk Meeting minutes dated July 30, 2014 as submitted.  Dave McCulloch seconded the motion.  The motion passed unanimously.

ENFORCEMENT OFFICER REPORT

29 Library Lane & 2-1 Lee Street

Rosenfeld reported that he had spoken with Connie Cliff the owner of 2-1 Lee Street and further noted an additional letter went out to Mrs. Frazier.   It was also noted that the two residents have contacted a  Soil Scientist to flag the wetlands so once the debris is removed from the area the property owners will be aware of the distance required to be 100 ft. from the wetlands.

97 Sill Lane

Rosenfeld reported he has spoken with Greg Faucher with regard to the plantings at the site.  Faucher stated he will install the required plantings in the Fall.   The commission asked if a Certificate of Occupancy had already been issue.   Staff will follow up as to the status of the permit at this time.

1 Burr Road

Rosenfeld reported that he sent a letter to Mr. Pedersen on August 21, 2014 asking him to discuss with the Commission the project’s progress and status.  Rosenfeld stated he will follow up prior to the next meeting.

PRELIMINARY DISCUSSION – ROBERT NEMERGUT – LYME ART ASSOCIATION – 90 LYME STREET

The Executive Director, Joseph Newman of the Lyme Art Association was present for an informal, preliminary discussion regarding the creek that runs between their property and the Florence Griswold Property.  He noted this creek is prone to flooding and reported that in 2010 the art association had significant damage and they lost paintings and archives.  He stated presently they are beginning the process to restore the association building and as part of this proposal they would like to mitigate future flooding problems.

Robert Nemergut, Engineer, presented a plan which delineated the area around the association including the buildings, wetlands and parking.   He discussed with the commission some of the options the association is considering to prevent further flooding to the building, and increase parking, all as part of the overall restoration process.  Nemergut discussed the culverts entering and exiting the property he noted at some point the State DOT added an additional 36” culvert which captures the flow onto the property but left only one 36” culvert to exit the property which he feels has intensified the problem on the site.  He further stated they have discussed this with the DOT but noted they have no immediate plans to make any changes to the site.   Nemergut reviewed with the commission some of the proposed parking changes to the site which would allow drop offs to the front door and also decrease traffic around the rear of the building which is in close proximity to the wetlands.   

Architect Chad Floyd presented the commission with a drawing of the building which outlined the original foot print as well as the additions that had been made over time to the building.   He noted the building was originally designed by Charles Platt, a famous architect, in addition to being a very historic building.   He stated the association would like to possibly restore the original building and perhaps relocate the additional square footage that has been added at different times to a new location on the property.   He noted the 1938 addition is on piers in the back.  Therefore, he would like to discuss with the commission the possibility of  removing the additions and restoring the building to exactly how it was designed by Platt but noted that the additions are a necessary part of the association’s business and would need to be replaced somewhere else on the site.   

Griswold asked if the surface of the parking lot would remain the same.  Nemergut stated the zoning regulations indicate the parking area has to be paved but he is currently in discussion with the Town’s Engineer, Tom Metcalf.   Nemergut noted that there is currently a shortage of parking so the goal is to create additional parking for the guests attending the events held at the Art Association.   

Griswold asked about the basements structures under the building.  Chad Floyd noted there is a not a full basement under the entire building.  Griswold stated he was not averse to returning the building to its original state as long as the net square footage would remain at the same level. DiCamillo asked how many square feet would be removed and/or relocated.  Floyd stated he would have that number at their next presentation.  

Newman stated there is presently a lot of wasted space in the additions and perhaps the square footage to be relocated on the site could be reduced if the space could be used more efficiently.  

DiCamillo stated he would also not be averse to the placement of a new building on the site but it would depend on the parameters of the new building, as well as the placement and the addition of buffer zones which would also be required.
Griswold asked if there was any way to waterproof the back of the building.  The applicants discussed building a concrete wall and improving the present foundations.  They also stated it would be difficult to make an old building water tight.   

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 LANDSCAPE RETAINING WALL ON NORTH SIDE.  A PORTION OF THE WORK IS WITHIN THE REVIEW AREA.

Joe Wren, Professional Engineer was present on behalf of the applicants, Brian & Kellie Farnham.   Wren noted he presented the project at last month’s meeting and the commission walked the site.  He noted there has been no changes to the plan since that time.  Wren read a letter into the record from Richard Snarski, Certified Soil Scientist indicating he did not believe there would be any impact on the wetlands resulting from the proposed activities.

Bechtel noted she didn’t walk the site but asked what the condition was of the landscaping up to the vernal pool because the commission had requested on a previous permit that area be kept in a wilder state.   Rosenfeld stated the area was completely grown over.  

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

14-18 – 166 BOSTON POST ROAD – BOAT HOUSE/HAINS PARK IMPROVEMENTS – RENOVATION AND UPDATES TO THE SITE LAYOUT, GRADING, DRAINAGE, SANITARY UTILITIES, AND VARIOUS OTHER APPURTENANCES.  BASKETBALL COURT WILL BE REPLACED WITH NEW COURT AND SITE DRIVE WILL BE WIDENED.

Will Walter, Professional Engineer with BSC Group stated he presented the project as the last meeting and the commission walked the site on July 30, 2014.  He stated at the walk there was some minor discussion about the clearing.  He stated the two large trees will remain and two additional trees will be planted.   He stated the commission also discussed making the paved basketball court pervious and Walter explained that this was not really an option for a project this small in size.   

DiCamillo asked about the septic location.  Walter stated everything has been submitted to the State Health Department but they have not yet received a response.   

Mr. Gianquitto stated he felt that the bathrooms will not be constructed at this time.  He also noted the center bay is currently 4 ft wider than it has to be and it may be cut down by 4 ft.  DiCamillo stated it is possible that there may be changes to this plan.  Gianquitto stated that this is possible.   He further stated that any changes would result in a net decrease to the surface and would not in any way effect the regulated area.  

Skip DiCamillo asked if this is a town project.  Gianquitto explained this was a committee appointed by the First Selectwomen.  Gianquitto stated that this committee reports to Bonnie Reemsnyder.  He noted how the construction will be administered has not yet been determined.   

Stanley Kolber asked if the timing of the project would be impacted if the commission waited to issue its approval after the plans were finalized. Kolber stated the size of the building and septic have not yet been determined.   Gianquitto explained they were on a very tight construction schedule and also have an application currently in front of the Zoning Commission.   Kolber stated he was uncomfortable granting an approval on a project that is a moving target.  Gianquitto stated that any changes will not be in the regulated zone.  

Tim Rollins made a motion to approve the application as submitted.  Dave McCulloch seconded the motion.

DISCUSSION:

Kolber stated that he understood the urgencies of the situation but wished the final plan was before the commission.  He stated his concerns have been answered but felt it was not a good practice to take in incomplete plans.  DiCamillo stated it was not that it was incomplete but it was that things may change has been described and if things change he would like the applicant to follow up with the commission with those changes.

The motion was amended to include that the applicant inform the commission of any changes to the plan.  

The motion passed unanimously.   

ADMINISTRATIVE AND CORRESPONDENCE ITEMS

Stanley Kolber noted on the record that the zoning enforcement officer has been doing an excellent job.  

PER SECTION 14.1 – APPOINTMENT OF AGENT TO ACT ON BEHALF OF COMMISSION

Keith Rosenfeld asked the commission to formally appoint himself as the enforcement agent that works on behalf of the commission to issue violations and ceases and desists, and does investigations, etc.  

Kolber stated after reviewing this section it is clear that this commission must appoint Keith Rosenfeld.  Kolber stated this section is the enforcement section but Rosenfeld also acts under the administrative approval sections.  Kolber also stated he reviewed the protocol that was adopted a month or so ago and in that document it talks about the enforcement officer contacting the chairman to discuss what is going to happen with the wetlands issues.   Kolber stated in an emergency situation he felt that Keith Rosenfeld needs more than one person to reach to in case the Chairman is away.  Therefore he suggested the commission nominate two members who could act in the Chairman’s absence.  Griswold and McCulloch agreed to be available in the chairman’s absence.   

Kolber made a motion to appoint Keith D. Rosenfeld, IWEO, as the IWWC agent for the purposes stated under our regulations.  That appointment and his activities as our agent are to be conducted in accordance with,  Section 14.1 of our regulations and our operations protocol, which was recently adopted, and Kolber further moved that we amend that protocol to provide that in the absence of the Chairman for a consultation, that Commissioner Griswold or Commissioner McCulloch be named as a consultative bodies for our agent.

Janet Bechtel seconded the motion.  The motion passed unanimously.

Respectfully submitted,



Kim Groves
Land Use Administrator