INLAND WETLANDS AND WATERCOURSES COMMISSION
REGULAR MEETING
SPETEMBER 23, 2014
PRESENT WERE: Skip DiCamillo, Evan Griswold, Stanley Kolber, David McCulloch, Mike Moran, and Christian Tompkins.
MINUTES
Minutes of Regular Meeting dated August 26, 2014
Evan Griswold made a motion to approve the Regular Meeting Minutes dated August 26, 2014. Stanley Kolber seconded the motion. The motion passed unanimously.
ENFORCEMENT OFFICER REPORT
29-1 Library Lane & 2-1 Lee Street
Keith Rosenfeld reported that he had received correspondences from the Frazier’s. He also noted that he had spoken with Richard Snarski, Certified Soil Scientist whom the Frazier’s had hired to visit their site and identify the extent of the wetland soils on their property.
Rosenfeld reported that he agreed with Mr. Snarski that the buildup of leaves and brush located in the vicinity of the culvert near the Chadwick Property appeared not to impact the flow or storm water flowing from the culvert onto the property and therefore, the removal of the leaves would present more of an impact than leaving in its current state.
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Rosenfeld sent a letter to the Frazier’s thanking them for the cooperation in resolving this matter.
97 SILL LANE – GREG FAUCHER
Mr. Rosenfeld reported that he had inspected the site today and submitted photographs of the area for the commission to review. Griswold asked if the plantings were in accordance with the approved the plan. Rosenfeld stated Mr. Faucher put in 38 plantings which complied with the number of plants shown on the site plan. Griswold asked if a buffer was part of the approval. DiCamillo noted they were very small in size but the approved plan did not state a size requirement. Griswold stated he felt the seedlings that were planted will probably do better.
Kolber stated he recalled at the meeting where this application was approved there was specific discussion of creating a buffer along the waterway. Kolber stated when the commission walked the site there was a huge bramble of stuff along the waterway. Kolber stated in his view the applicant is in violation of the permit. He stated the permit required a buffer and there is no buffer. Rosenfeld stated that after reviewing the meeting minutes there was a pathway of invasive species all along the edge of the brook and that was shown on the plan to be removed. A buffer of small trees would replace the cleared area.
Kolber stated the sequencing issue was the order in which the area was mowed down and when the plants were to be put in. That sequencing was left to Ann Brown to determine but he believes the minutes will make it clear that there was supposed to be a buffer to replace what was removed and there isn’t one. He said if the minutes don’t reflect that it will be too bad.
The commission reviewed the Permit issued by IWWC which was signed by Ann Brown. They also noted it referenced a plan revised through 6/25/13. Kolber stated the application was approved with a plan that he feels will reflect a buffer. Rosenfeld stated his recollection was the plan shows 38 plants.
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Kolber asked staff to review the map, as well as all meeting minutes including the site walk minutes.
Griswold stated the approval motion made no mention of a buffer. Kolber stated he felt the plan showed a buffer. Kolber stated he would like Keith Rosenfeld to review the plan and report to the commission by email as to what he finds in the plans.
REQUEST FOR EROSION CONTROL BOND REDUCTION – LYME ACADEMY COLLEGE – 77 LYME STREET
Keith Rosenfeld stated that according to the minutes associated with this application that was approved on November 29, 2011 the IWWC authorized for an Erosion and Control bond to be posted by the applicant with the Town of Old Lyme in the amount of $30,055.00 for the duration of the project. Rosenfeld noted the bond amount was approved by Tom Metcalf, Consulting Engineer. Rosenfeld noted that his amount represented 6 items including a silt fence, hay bales, construction fence, site stabilization, construction entrance and storm water basin.
Rosenfeld stated after reviewing the plans and visiting the site he felt that it would be appropriate to release $19,510.00 and keep the remaining $11,599.50 to ensure the site remains stable and any outstanding items are completed.
Kolber asked if a request for the bond release was submitted in writing by the developer. Rosenfeld stated when he first took over the position there was correspondence from Henry Resnikoff (developer) to Tom Metcalf asking for a final review. Rosenfeld stated he met with Mr. Resnikoff at the site and reviewed all the items and came up with a list of the remaining items still to be completed.
Kolber clarified that there was a request from the owner for a release. Rosenfeld indicated that was correct. Kolber asked if the request stated anything about the extent of the completion of the work that the bond supported. Kolber suggested in the future a request for release should include a report that supports that the
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work has been completed. Kolber stated an inspection would probably still be done but the applicant would be certifying that the work has been completed.
Christian Tompkins made a motion to reduce the Soil & Erosion bond for the Lyme Academy College from $30,055.00 to $11,599.50. Stanley Kolber seconded the motion. The motion passed unanimously.
14-19 ADMINISTRATIVE PERMIT – 11 MAYWOOD – GARY OZANICH – REPLACE EXISTING SEPTIC TANK WITH NEW SEPTIC TANK IN SAME LOCATION.
DiCamillo reported that he and Keith Rosenfeld walked the property. Rosenfeld stated that the office was notified by the Health Department that there would be some activity within 100’ of an Inland Wetland. He stated this was a replacement of an existing septic tank. He noted the work would only last a couple of days and sedimentation and erosion controls would be put in place to protect the area during construction. Rosenfeld noted the work was approximately 60’ from the wetland and was further protected by a stonewall.
Dave McCulloch made a motion to issue an Administrative Permit. Christian Tompkins seconded the motion. The motion passed unanimously.
CLIMATE ADAPTATION ACADEMY
DiCamillo circulated a brochure to the commission members on a seminar to be held on Impacts of Increased Precipitation on Connecticut Communities to be held on October 10, 2014 at the Middlesex County Extension Office.
ALL PRO AUTOMOTIVE - GRAYBILL
Keith Rosenfeld reported that he was approached by Jim Graybill who would like to level the hill down adjacent to the gas station and spread it out to the driveway area in the back prior to applying for the remaining project.
DiCamillo noted the house has been removed on the site. He said he would like to keep the soil on the site and spread it out. Kolber asked when the house was
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removed. McCulloch stated both the house and mound are located within the regulated zone. DiCamillo stated he felt this request should be included as part of the larger project.
DiCamillo asked if he should submit a separate application and explain what he is proposing to do with the hill.
Kolber stated he was in violation for the removal of the building without an IWWC Permit. Griswold stated all of the work was done within the regulated zone.
Moran asked if a demolition permit was required for the removal. Rosenfeld explained that the building department issues demolition permits but no zoning permit is required for the demolition process.
Kolber stated he felt this was an opportunity for the commission to use the procedures outlined in Section 14 of the Inland Wetlands Regulations regarding the issuance of a notice of probable violation. Kolber stated the notice should be issued with an invitation to attend the next meeting. Kolber asked staff to obtain a copy of the demolition permit.
The commission concurred.
Respectfully submitted,
Kim Groves
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