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MINUTES
INLAND WETLANDS AND WATERCOURSES COMMISSION
REGULAR MEETING
SEPTEMBER 22, 2015
PRESENT WERE: Janet Bechtel, Evan Griswold, Dave McCulloch and Tim Rollins.
Acting Chair Janet Bechtel called the meeting to order at 7:00 p.m.
MINUTES OF REGULAR MEETING DATED JULY 28, 2015
Evan Griswold made a motion to approve the Regular Meeting Minutes dated July 28, 2015. Tim Rollins seconded the motion. The motion passed unanimously.
MINUTES OF SITE WALK MEETING DATED SEPTEMBER 9, 2015
Janet Bechtel made a motion to approve the Site Walk Meeting Minutes dated September 9, 2015. Evan Griswold seconded the motion. The motion passed unanimously.
NEW BUSINESS
15-8 OLD LYME LAND TRUST – RIVERVIEW DRIVE – REPAIR ERODED AREAS ALONG EASTERN AND WESTERN EDGES OF THE ROAD
Christina Clayton, President of the Old Lyme Land Trust and Ed Silk, Manager of the Riverview Drive LLC. were present to discuss the proposed improvement along the roads edge. Clayton stated the area is located off of Route 156 and provides access to the Twining-Lowman preserve. Clayton explained the purpose is to repair the eroded areas along the eastern and western edges of the road and prevent further erosion. Silk noted that Sullivan Paving would be doing the work on the roadway. He further stated the existing trench along the roadway would be filled with trap rock stone and brought even with the existing pavement.
Bechtel asked for a soil and erosion narrative explaining what they would be using and how they would be installed or an explanation of why these measures would not be necessary. Silk and Clayton agreed to discuss this with the paving contractor. The commission also reviewed a map submitted with the application that delineated the sections of the proposed work and the proximity to the vernal pool.
The commission set a site walk for Wednesday, October 14, 2015 at 5:15 p.m.
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15-9 – DUBOIS FORESTRY MANAGEMENT – 370 SHORE ROAD – THE WOODS PROPERTY – REQUEST FOR FINDING OF NO JURISDICTION
The commission reviewed the maps submitted with the application. Evan Griswold stated he visited the site and he felt what they are proposing to do is consistent with accepted forestry practices. He said the owners concept is really to create more of a park with trails.
Rosenfeld stated he also spoke with Mr. Dubois and Mr. Woods (property owner) and he concurs that it is not a harvesting situation but a one shot deal with maybe some cutting down the road but the activity is to preserve the forest that he has and eliminate a lot of the dead trees and undergrowth in order to support the canopy. He felt this activity was a finding of no jurisdiction.
Evan Griswold made a finding of no jurisdiction for the proposal at 370 Shore Road. Tim Rollins seconded the motion. The motion passed unanimously.
15-10 – MICHAEL SHAPIRO – 65 SHORE ROAD – EXISTING HOUSE AND GARAGE WITHIN THE REVIEW AREA TO BE DEMOLISHED
Joe Wren, Indigo Land Design was present to discuss the proposal. Wren oriented the commission as to the location of the site. Wren stated the existing house was constructed in 1983 and is in need of some updating and therefore the prospective buyer would like to take the house down and construct a new house in essentially the same location. He noted the existing garage would remain. He stated the driveway would also require some additional modifications and they would like to add a pool and patio to the south side of the house.
He noted currently up to the tree line is lawn area. He noted there is no tree removal on the site. He stated the property is surrounded by Nature Conservancy Land. He stated the existing property owner encroached on the west into the Nature Conservancy property and the prospective purchaser plans on restoring that area to wetland as well as creating a buffer in the area. Wren noted there has been no filling in the area of the house because test holes were done for B-100A septic and there is about 2 feet of fill and then there is natural sand and gravel.
Wren also noted the house would be elevated to comply with FEMA regulations.
Wren also noted this application will also be submitted to the Zoning Board of Appeals and a CAM review will also be required.
The commission agreed to set a site walk for Saturday, October 10, 2015 at 8:30 a.m.
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15-11 – PETER & MELISSA TURTORO – 7 LANTERN LANE – NEW POOL, DECK AND POOL HOUSE WITHIN THE REVIEW AREA
Joe Wren, Indigo Land Design stated the applicant is proposing to construct an 18’ x 36’ in-ground swimming pool with a 3’ wide concrete coping, a shed and rear deck expansion as well as patio and fenced in area. The commission reviewed the site plan delineating the house and proposed pool location. He stated the closest edge of the proposed improvements to the wetlands is 51 feet. He noted there will be minor grading required. A stockpile location is also shown on the plan. Bechtel asked that the improvements be staked out prior to the site walk. Wren noted the application also will be submitted to the Zoning Board of Appeals and the Planning Commission for their review. Griswold asked if it would be a saltwater pool. Wren stated he would check with the Turtoro’s prior
to the site walk.
The commission agreed to set a site walk for Saturday, October 10th, 2015 at 9:00 a.m.
15-12 – GRAYBILL PROPERTIES – 151 BOSTON POST ROAD – PROPOSING NEW BUILDING AND ASSOCIATED PARKING LOT. PROPOSED BUILDING WILL BE OUTSIDE THE UPLAND REVIEW AREA. A PORTION OF THE PARKING LOT AND STORMWATER MANAGEMENT AREA PROPOSED WITHIN THE REVIEW AREA.
Joe Wren, Indigo Land Design was present discuss the application. He stated the applicant is proposing to construct a two-story building with a new well and septic system and new parking lot with associated improvements on the property. He noted that work within the 100’ upland review area consists of minor grading, landscaping, lighting, pavement, pervious pavers and construction of a stormwater management/water quality basin to manage stormwater runoff, enhance water quality and enhance the existing wetland buffer.
He stated the new building would have a restaurant with some outdoor dining space, retail space on the first level. The second level would be office space. He noted this application was granted variances from the Zoning Board of Appeals because in the C-30 zone there is a 60 ft. street line setback and the proposed building location is 42 ft. from the street.
Wren stated about 15 to 20 years ago there was a row of white pine trees planted in the rear of the site to prevent any further encroachment. He further stated their canopies are starting to lift off the ground, therefore they are not providing a great buffer or food for birds. He said they are proposing to remove the pines and formalize the parking area which will include pervious pavers on the perimeter with crushed stone below it to allow the storm water to shed off the parking lot.
Don Fortunato, Certified Soil Scientist stated he conducted on-site soils and wetlands investigations on the above referenced plan. He stated we are proposing a “water quality swale” at the edge of the new parking lot and adjacent to the wetlands. He stated the swale
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will be built to produce a dense stand of vegetation that will help filter the stormwater discharge and slow sheet flow velocities. He stated the swale bottom will be seeded with a combination of New England Conservation/Wildlife Mix and Wet Mix. Wren reviewed the planting plan shown on the site plan with the commission.
Griswold asked if this parking area will contain any cars in disrepair from Graybill’s adjoining business. He stated one of the commission’s concerns a year ago was the storage of vehicles leaking fluids in close proximity to the wetlands. Wren stated he has not seen cars in disrepairs on the site. He also noted they have mats that will absorb any fluids from cars. He further stated the water quality basin will trap anything prior to entering the wetlands. He further stated the species that are selected for the basin are excellent for that purpose.
McCulloch asked if this number of parking spaces (64) were required for the proposed building. Wren stated they are the exact number required by the regulations. He further stated the peak of the restaurant operation would be at a time that All Pro would be closed. Bechtel asked if the proposed building was definitely a restaurant. Wren stated it is being built out as a restaurant. Bechtel verified that access and egress was being kept between his existing and proposed building. Wren stated that was correct it will allow vehicles to travel through the site rather than have to enter back on Route 1.
Bechtel stated she did not like the location of the dumpster and would either like it put on some kind of a containment pad or moved. Bechtel stated she has concerns on this property. She said there have been numerous violations on the property and no permits were issued for the demolition/removal of the building which was located within the review zone. She stated there have been prior discussions about the overflow parking on this site from All Pro Automotive.
Wren stated that he has completely changed the plan since its prior submittal. He noted there was previously underground drainage proposed and he did not feel that would have worked well in this situation. He also noted the location of the building has been moved away from the review zone. Wren discussed the location of the dumpster and its limits but stated he could certainly place it on a concrete pad with some type of lip around it. He stated there are currently no trees on the site and they are proposing to add approximately 14 trees and 4 additional dogwood trees plus the shrubs along the edge.
Rosenfield stated it was reported this evening that those two buildings would require 64 spaces without the need for a joint agreement. He stated to allocate parking from the automobile use would be taking away from the parking that is dedicated for this new use. He stated with that in mind, would the applicant be willing to state for the record or have as a condition that there would be no overflow parking to eliminate the concerns this commission has shown regarding the site.
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Bechtel stated that Graybill’s previous application indicated that he wanted the additional spaces for his employees because the parking on the automotive site is already maxed out. Wren asked would the commission consider only letting the employee’s park there?
Bechtel asked the members if they wanted to take this application to public hearing. Wren noted the application had a public hearing with the Zoning Board of Appeals and was granted a variance and it will also go for a public hearing for a Special Permit with the Zoning Commission.
Rosenfeld stated the commission needs to decide if there is a significant impact based on the definition, and or is there a petition signed by 25 citizens of the Town of Old Lyme or whether it is in the benefit of the community to hold a public hearing. Rosenfeld stated because of the two other public hearings required, the community will definitely have several opportunities to comment. He also noted a petition had not been received.
Rosenfeld stated he did not feel it was a significant activity based on the fact all of the activities are outside of the wetland themselves. He stated they are not filling any wetlands or directly discharging into them. Griswold stated this wetland is only connected with larger complex wetlands through underground. Fortunato said this wetland soils meet the definition of a wetland but it is not shown on the soils maps as a wetland. He said there is a circle around it delineating it as a “bog”.
The commission agreed not to hold a public hearing.
The commission set a site walk for Wednesday, October 10, 2015 at 6:00 p.m.
Bechtel noted for the record that Skip DiCamillo has recused himself from the application.
15-13 – ELLIS JEWETT – 7 GRASSY HILL ROAD – MAINTENANCE DREDGING OF SILTED AREAS IN THE POND
Bechtel stated there is a pond on the property and noted that this commission under the chairmanship of Dave McCulloch granted a permit in 1993 to allow the cleaning and deepening of the pond. She stated it appears that it is once again time to do maintenance on that pond. Bechtel read the statement of use submitted with the application into the record.
The commission set a site walk for Wednesday, October 14, 2015 at 5:45 p.m.
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OLD BUSINESS
15-7 LYME-OLD LYME JUNIOR WOMEN’S CLUB PLAYGROUND COMMITTEE – APPLICANT: TOWN OF OLD LYME – 26 TOWN WOODS ROAD – PROPOSAL TO RELOCATE GAZEBO AND PLANT 2 TREES
Bechtel stated the commission walked the site. It was noted that either of the two proposed locations for the gazebo were further away from the wetland than the present location.
Bechtel made a motion to approve the proposed locations as submitted. Evan Griswold seconded the motion. The motion passed unanimously.
15-3 BRENT & MICHELE HARRINGTON – SHORT HILLS ROAD – PROPOSAL TO SELECTIVELY THIN TREES IN THE INTERIOR OF THE PROPERTY THROUGH A NON-EVASIVE LOGGING TECHNIQUE
Bechtel read the revised proposal into the record and reviewed the attached map drawn by the Soil Scientist, Don Fortunato. She stated that the current application was different from the one previously received. The applicant wants to rescind the original application. The new application does not include the construction of the paddock and small barn. The commission did not feel the area was appropriate to coral horses. Don Fortunato discussed with the group the wetlands areas and vernal pond locations. He stated that all of the activities proposed to be located within the upland review area. The commission felt the only way to evaluate the application was to have the applicants submit an A-2 survey delineating all of the regulated areas and all of the trees to be removed.
Keith Rosenfeld agreed to send a letter to Brent & Michel Harrington explaining the commission’s requirement. No action was taken.
Respectfully submitted,
KimGroves
Land Use Administrator
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