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Inlands Wetlands Commission Minutes 10/27/2015
MINUTES
REGULAR MEETING
OLD LYME INLAND WETLANDS AND WATERCOURSES COMMISSION
OCTOBER 27, 2015

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

MINUTES OF REGULAR MEETING DATED SEPTEMBER 22, 2015
Evan Griswold made a motion to approve the Regular Meeting Minutes dated September 22, 2015.  Dave McCulloch seconded the motion.  The motion passed unanimously.
MINUTES OF SITE WALK MEETING DATED OCTOBER 10, 2015
Janet Bechtel made a motion to approve the Site Walk Meeting Minutes dated October 10, 2015.  Tim Rollins seconded the motion.  The motion passed unanimously.
MINUTES OF SITE WALK MEETING DATED OCTOBER 14, 2015
Janet Bechtel made a motion to approve the Site Walk Meeting Minutes dated October 14, 2015.  Evan Griswold seconded the motion.  The motion passed unanimously.
NEW BUSINESS
15-14 – OLD LYME LAND TRUST – 29-1 HATCHETTS HILL ROAD – INSTALLATION OF TWO SMALL FOOTBRIDGES AND POSSIBLY STEPPING STONES WHERE EXISTING PRESERVE TRAIL CROSSES ARMSTRONG BROOK.
Christina Clayton and Rob Evans were present to discuss their proposal to install two small footbridges and possibly stepping stones where the existing trail crosses Armstrong Brook.   Clayton explained this was the 2nd most recently acquired parcel and the Old Lyme Land Trust blazed a trail approximately 2 years ago.   The applicants distributed mapping of the area as well diagrams of the materials and an explanation of how the crossings would be constructed.  Evan Griswold discussed the option of using a material other than pressure treated lumber.   He also expressed concern about the elevation of the bridge.  The applicants were open to exploring other options.  
The commission agreed to set a site walk for Saturday, November 14th, 2015 at 8:30 a.m.
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15-15 – VITALITY SPA – 8 DAVIS ROAD – INSTALLTION OF NEW 1,000 GALLON SEPTIC TANK AND EXPAND GALLERIES.  APPLICANT: LINDSAY EISENSMITH
Robert J. Schuck, P.E. and Architect Brian Schuck were present to discuss the application on behalf of Vitality Spa.  He stated, based on the use proposed for the building by the applicant, some changes needed to be made to the existing septic system.  
DiCamillo stated he had walked the property with Keith Rosenfield earlier this evening and observed where the tank would be installed and where appropriate erosion controls booms consisting of an absorbent material would be established.  He located the adjacent inland wetlands and determined the activity would have no impact upon those wetlands.
Mr. Schuck met with John Sieviec, Town Sanitarian, and prepared  the changes required to the existing system based on the estimated daily sewage flow for the yoga studio and floor plans.  The commission reviewed the plan provided by Mr. Schuck which delineated the proposed changes.
Griswold noted the proposed construction will be further away than the current tanks.
Evan Griswold made a motion to approve this application as an Administrative Permit with the following conditions:
  • The applicant will incorporate best management practices throughout the lifetime of the project.
  • All excavated material will be disposed of in a manner that does not require any additional wetland permitting.
Dave McCulloch seconded the motion.   The motion passed unanimously.   
OLD BUSINESS
15-8 – OLD LYME LAND TRUST – RIVERVIEW DRIVE – REPAIR ERODED AREAS ALONG EASTERN AND WESTERN EDGES OF THE ROAD
Christina Clayton and Ed Silk discussed the proposed project with the commission to place a 2” trap rock stone barrier along the eroded area and eliminate further erosion along the roadway.  Silk  noted that Sullivan Paving would be the contractor doing the work at the site.  


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Griswold noted that one of the members of the commission discussed the size of the stone being used at the site and if it was adequate to prevent further erosion.  Silk stated that 6” rip rap was discussed at the site walk but he felt that the rip rap could damage the tires of cars.  He further stated Sullivan Contracting was comfortable with the 2” rip rap and if some of the stone moves during a heavy storm event they would move it back.  
Dave McCulloch made a motion to approve the application with the following conditions.
  • Applicant will incorporate all best management practices throughout the lifetime of the project.
  • All excavated material will be immediately replaced with the appropriate stones/rip rap as approved.
  • All excavated material will be removed from the property and disposed of in a manner that does not require any additional wetland permitting.
  • The applicant should attempt to start and complete the activity during a seasonal “dry” period.
Evan Griswold seconded the motion.  The motion passed unanimously.
DiCamillo noted for the record that Keith Rosenfield would be overseeing the project and should be contacted prior to the start of the project.  

15-13 – ELLIS JEWETT – 7 GRASSY HILL ROAD – MAINTENANCE DREDGING OF SILTED AREAS IN THE POND.
DiCamillo noted the commission walked the site and at that time informed the applicant he did not need to attend tonight’s meeting.  
Janet Bechtel made a motion to approve the application as submitted with the following conditions:
  • Applicant will incorporate best management practices throughout the lifetime of the project.
  • All excavated material will be initially placed in a location that prevents any sediment from entering the pond.
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  • Either upon the property or to an off-site location, all excavated material will be disposed of in a manner that does not require any additional wetland permitting.
  • If not removed from the property, excavated material must be seeded and stabilized immediately.  
Dave McCulloch 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.  NEW HOUSE AND POOL WITHIN REVIEW AREA.
DiCamillo noted the commission walked the site.  Joe Wren, PE representing the applicant Juliette Meeus and Catherine Stevens, noted there have been no changes to the plan since the site walk.  Wren noted that this application did receive approval from the Office of Long Island Sound (OLISP) dated October 26, 2015 with regard to their Coastal Site Plan Application.  Wren read the letter into the record.
Griswold asked what the footprint increase would be to the proposed structure.  Wren stated the square footage increase would be approximately 600 sq. ft.  Griswold asked if the new structure would have roof gutters.  Wren stated they were not yet at the design phase but the applicant’s expressed an interest in having rain barrels.  
DiCamillo asked where the soils would be placed from the pool excavation.  Wren stated there is a stockpile location shown on the plan but some of the soils would be used as a result of the house being elevated for flood zone compliance.  Juleitte Meeus also noted the entrance into the house area would also need to be raised and the soils would be used to help in that process.
Evan Griswold made a motion to approve the application with the following conditions
  • Applicants will incorporate best management practices thought the lifetime of the project.
  • All excavated material will be initially placed in a location that prevents any sediment from entering the wetlands.  If necessary all material will be stablilized by seeding and proper erosion and sedimentation controls.
  • If to be removed, excavated material will be disposed of in a manner that does not require any additional wetland permitting.
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  • Mitigation efforts to restore identified impact inland wetland areas as shown on the plan should be established prior to the receipt of a certificate of occupancy.
Tim Rollins seconded the motion.   The motion passed unanimously.
15-11 – PETER & MELISSA TURTORO – 7 LANTERN LANE – NEW POOL, DECK AND POOL HOUSE WITHIN THE REVIEW AREA.
Joe Wren, PE. reviewed the application with the commission.  He noted they did receive an approval from the Zoning Board of Appeals for a variance.  He stated the commission walked the site.  He noted the only recommendation from this commission was to change the direction of the swale.  
Griswold asked if the stockpile area shown on the plan would be stable on that slope.  Wren stated it is a gentle slope plus noted there will be silt fencing and hay bales place around the area.
DiCamillo asked if it would be a saltwater pool.  Wren stated the applicant has not yet decided but noted all chemicals would be stored under the deck or in the basement.  
Janet Bechtel made a motion to approve the application with the following conditions:
  • If there is any storage of pool chemicals that they be stored on a concrete or non permeable surface in a non-reactive container.
  • Applicant will incorporate best management practices throughout the lifetime of the project.
  • All required erosion and sedimentation controls will be constructed and functioning properly before any construction begins.
  • All excavated materials will be initially placed in a location that prevents any sediment from entering the wetlands.
  • Excavated materials will be disposed of in a manner that does not require any additional wetland permitting.
  • The drainage swale shown on the plan should be installed and established prior to the receipt of a certificate of occupancy.
Evan Griswold seconded the motion.  The motion passed unanimously.
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JANET BECHTEL WILL  CHAIR THIS ITEM ON THE AGENDA  AS SKIP DICAMILLO IS RECUSED.
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 STORM WATER MANAGEMENT ARE PROPOSED WITHIN THE REVIEW AREA.
Bechtel stated that the commission has not received comments from Tom Metcalf, Consulting Engineer for the town. Bechtel stated the commission received a letter from Attorney Cassella dated October 27, 2015.  Bechtel stated the commission had discussed at the previous meeting  Item 1 outlined in Cassella’s letter which recommended the installation of a concrete pad with a protective lip to prevent any leakage from the dumpster.
Bechtel stated she did not want to proceed with the application until the commission had a chance to review Tom Metcalf’s comments.
Wren stated that since  this application is going before the Zoning Commission for a Special Permit and the plans were submitted to Tom Metcalf on October 9th, 2015 he felt his purpose was to review for the Zoning Commission.  He stated the IWWC Commission decided that it wasn’t a significant activity and it didn’t have to go for an engineering review.  He further stated since Metcalf was reviewing for Zoning that it would be possible to deliberate this evening especially because of the timing of this application.  He stated if this commission does not act this evening then the Zoning Commission could not render a decision on November 9th, 2015 so it would delay the application over 30 days.   
Wren stated he would be addressing and responding to all Tom Metcalf’s comments through Zoning otherwise that commission would not render an approval.  
Wren said the plan view shows pavers but on the detail sheet it actually states the dumpster will be located on a reinforced concrete pad or asphalt.   Wren stated we evaluated the idea of adding a lip around the dumpster but in the winter time that area will collect water underneath the dumpster.  Therefore he felt placing the dumpster on the concrete pad with the condition that the dumpster must be maintained in excellent condition and in doing that it would not allow leakage.  


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Wren stated that he will have to reply and address Tom Metcalf’s comments for Zoning.  He said Metcalf will look at everything engineering related for Zoning  but also will review the stormwater runoff.  He noted he reviewed the runoff in detail with the commission.  Wren noted the commission walked the site and noted Don Fortunato was also present at the walk.  
Griswold stated his main concern was the parking of vehicles in the area of the pavers which are designed to allow some infiltration of water unlike a paved asphalt surface.  Griswold stated if he remembered correctly this area would be used for employee parking  but not for cars waiting to be repaired.  Wren stated he understood the concern and discussed it with Mr. Graybill and noted he is limiting the cars in that area as practical.  He stated from a zoning perspective he said there are 64 spaces which support maximum peak use of all the businesses located on the site.  He noted generally all the business at the site do not peak at the same time because of the varying hours of operation.  
Griswold stated he was concerned that the temptation over time would be to begin to use those parking spaces especially as the business grows for those cars waiting to be repaired and noted often cars are left overnight for repair.  
Wren stated there will be no cars waiting for repair or in disrepair parked in this area behind the proposed restaurant.   He said employees may use those spaces during the day to park.   Wren stated if it is preferred there are some spaces on the edge that are essentially 100’ feet from the wetlands.  He further stated if there are cars parked in that area and there is rain it will go  to the treatment feature. Wren stated the current All Pro site has a vortechnic feature which he is not a fan of because of the overflow and noted this is a much better design to protect the wetlands.  
Bechtel stated she felt the commission is in agreement that this is a far improved plan and there are not a lot of issues with it but she still felt she would be most comfortable waiting until the commission had a chance to review Tom Metcalf’s comments and make sure they did not address anything pertaining to erosion and control.  She said if the commission decides to move forward tonight with the application than the commission needs to discuss what type of conditions might need to be placed on the application.  Bechtel asked for the other members input.  
Wren stated the site does have silt fence around the edge and they did do extensive testing on the site for septic and it is all very coarse grain soil.   Wren gave another overview of the sedimentation and erosion measures on the site.   

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Bechtel stated, once again, the issue is “does the commission want to wait for Tom Metcalf’s comments or not.”  Bechtel stated she would like to wait.  McCulloch said if the Zoning Commission can address Metcalf’s comments adequately he felt it covered his concerns.  
Groves stated an approval could be conditioned on all issues being addressed outlined in Metcalf’s letter.  Bechtel expressed concern that Metcalf often points out the areas of concern but leaves it up to the commission as to how they want to handle it.  Bechtel stated she felt that to have submitted this plan to the commission’s attorney and engineer and not wait to hear what their comments  is disrespectful and a waste of the town’s money and is not normally this commission’s procedure.    
Wren stated it was sent to Metcalf for a Zoning Review.  Bechtel clarified that she requested the plan be sent to Metcalf for a wetland review.  She further stated this plan would never NOT go to Metcalf for his feedback.  
Wren stated he was not opposed to Metcalf reviewing the plan but it was provided to him on October 9th and unfortunately Metcalf had a mishap.  He said he hand delivered it to Metcalf and it was his understanding it was for a zoning review based on the memorandum.  Groves asked who provided the memorandum.  Wren stated he actually did not deliver a memorandum.  Wren stated he delivered plans to town hall and then to Attorney Cassella and Tom Metcalf on October 9, 2015.  
Griswold stated he was on the fence because he did not feel the Zoning Review would be touching on wetlands issues.
Tim Rollins said that he thought the commission had addressed a lot of the issues and there may be some additional items in the report but felt we could address that by making the approval contingent upon Metcalf’s comments.
McCulloch said he was mixed.  Both Griswold and McCulloch were not sure what else could be addressed that the commission has not seen on several site walks and meetings about this application.
Bechtel suggested the commission discuss conditions of approval. She stated the approval is subject to adequately addressing Metcalf’s review.  She said by approving this application with conditions, the commission has to put the onus back on Tom Metcalf and that the applicant must adhere to any of Tom Metcalf’s “conditions”.  
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Janet Bechtel made a motion to approve the application with the condition that any Inland Wetlands concerns raised by the town engineer be addressed by the applicant and that there be no parking of vehicles for repair or vehicles in disrepair on the site and a soil and erosion bond be submitted in the amount recommended by Tom Metcalf as well as the conditions outlined in Attorney Cassella’s letter dated October 27, 2015.
Evan Griswold seconded the motion.  
Discussion:  McCulloch stated the chances of any terrible wetlands event happening on this property are very small.  It’s a tiny spot therefore he said the concerns are not large concerns.
The motion passed unanimously.

15-13 – BRENT & MICHELE HARRINGTON – SHORT HILLS ROAD – PROPOSAL TO SELECTIVELY THIN TREES IN THE INTERIOR OF THE PROPERTY THROUGH A NON-EVASIVE LOGGING TECHNIQUE.  
The commission discussed the application and noted Keith Rosenfeld recommended that the commission deny Inland Wetland Application 15-3 Brent & Michelle Harrington located on Short Hills Road due to the fact the application is incomplete.
Bechtel made a motion to deny the application without prejudice. Griswold seconded the motion.  The motion passed unanimously.

Respectfully submitted,

Kim Groves
Land Use Administrator