OLD LYME
INLAND WETLANDS/WATERCOURSES COMMISSION
REGULAR MEETING
JULY 25, 2006
PRESENT WERE: Chairperson Janet Bechtel, Dave McCulloch, Linda Krulikowski, Don Willis, Evan Griswold and Robb Linde.
Chairperson Bechtel called the meeting to order at 7:35 p.m.
APPROVAL OF THE MINUTES DATED JUNE 27, 2006
Bechtel made a motion to approve the minutes as submitted. SkipDiCamillo seconded the motion. The motion passed unanimously.
APPROVAL OF THE SITE WALK MINUTES DATED JULY 6, 2006
Bechtel made a motion to approve the minutes as submitted. Skip DiCamillo seconded the motion. The motion passed unanimously.
ENFORCEMENT REPORT
Ann Brown distributed and reviewed a copy of the enforcement report.
Janet Bechtel stated the commission had received the Planting Plan for the Patel Property located at 268 Shore Road. Bechtel indicated the plan shows a mixture of nineteen plants including flowers. Bechtel stated she visited the site and the whole area has grown back, therefore she thought it might be better to leave it in its natural state rather than digging the area up. She noted the commission did request a 40 ft. buffer back from the stream, therefore if the commission is in agreement we could request that he just leave it and not mow it back down again. Ann Brown agreed to notify the property owner.
NEW BUSINESS
PATRICIA BIENIEWICZ – 31 FOUR MILE RIVER ROAD – CONSTRUCT AN ADDITION OF A TWO CAR GARAGE WITHIN THE UPLAND REVIEW AREA
Bob Chapman, agent for the applicant, presented the proposed plan. The commission reviewed the plan with Mr. Chapman and agreed to walk the site individually prior to the next meeting.
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July 25, 2006
ZITO BUILDERS, INC. –1 BILL HILL ROAD – REQUEST FOR DETERMINATION OF NO JURISDICTION.
Ann Brown stated neighbors are in attendance at the meeting this evening and will be presenting a petition requesting a hearing. Ms. Brown stated they have obtained enough signatures to require a hearing be held. Janet Bechtel stated this was the original Evelyn Smith property that the commission walked last fall. She presented a map that outlined the three wetlands on the site. She also noted at that time the commission approved a gravel driveway to access the rear lot. She also stated at that time a vernal pool assessment was requested, however she was not sure if it has been completed.
A letter was submitted to the commission from Richard Snarski, Soil Scientist, stating that he inspected the two-wetland areas on the property and found there were no vernal pools. Ann Brown noted that Matt White, agent for the applicant is presently on vacation, therefore the commission might want to discuss this further with him at the next meeting.
Ann Brown stated this application has no activity within the regulated area, therefore the applicant has requested a determination that no permit is required. Janet Bechtel asked if the driveway was still intended to be gravel.
Mr. Linde stated if the application is going to public hearing the commission should schedule the hearing rather than have the discussion multiple times. The commission discussed the options of revisiting the property. Ann Brown suggested that the commission schedules and opens the hearing and then determines if a site walk is necessary.
ZITO BUILDERS, INC – 3-1 BILL HILL ROAD – CONSTRUCTION OF A SINGLE FAMILY HOUSE WITH ASSOCIATED GRADING, SANITARY SYSTEM, UTILITIES AND DRIVEWAY IN THE REGULATED AREA
The commission received the application and a public hearing will be held in August.
ZITO BUILDERS, INC. – 143 NECK ROAD – CONSTRUCTION OF A SINGLE FAMILY HOUSE WITH ASSOCIATED GRADING, SANITARY SYSTEM, UTILITIES AND DRIVEWAY IN THE RGULATED AREA
The commission received the application and a public hearing will be held in August.
Mr. Linde asked that since Lot #1 is outside of the review zone if a public hearing could be required. Ann Brown agreed to ask Attorney Mattern for an opinion. Mr. Linde stated he felt it was important that the commission act consistent with what it has done in the past with other applications.
OLD BUSINESS
NEW ENGLAND NATIONAL, LLC – PROPERTY AT 29-1 HATCHETTS HILL ROAD – EIGHT LOT SUBDIVISION WITH ACTIVITIES IN THE UPLAND REVIEW AREA
The applicant has submitted a letter consenting to an extension of time for this particular application. Janet Bechtel noted at the last meeting the commission requested that the applicant provide a new site plan which showed a box culvert under the driveway entrance to Lot #8. She further stated it was her understanding
Page 3 – Minutes
July 25, 2006
that the plan has been completed but was just delivered to Mr. Metcalf today for his review, therefore the commission has not received comments at this point in time. Ms. Bechtel reviewed the letter with the commission from Mr. Scully, agent for the State Department of Health.
RICHARD D. O’CONNOR – 108 SILL LANE – CONSTRUCT A DECK OVER THE SPILLWAY OF MILL BROOK AT UPPER MILL POND
Bechtel stated the applicant stated in his application that this is a replacement of what was already at the site. She further stated it was her opinion that this is an expansion as well as an upgrade to what was obviously a walkway. She stated it is currently an enlarged deck with railings and open terrace above it with a blue tarp attached to it. She stated in addition there was a deck that was installed over the entrance to the fish ladder.
Ms. Bechtel stated that had the applicant come before the commission requesting a permit, a site walk would have been scheduled and she did not feel what is currently there would have been permitted. Ann Brown stated the pressure treated materials used to construct the changes were permitted for use inside of a home. Janet Bechtel stated Steve Gebhardt did have concerns with the lower deck that is over the entrance to the fish ladder because it causes shading and it has not been constructed in a manner that allows it to be removed so that the fish ladder can be cleaned of debris.
After much discussion the commission agreed to have Ann Brown contact Mr. O’Connor and ask that he be present at the next meeting to explain the expanded improvements.
DAVID & LISA WURZER – 3 LAKESIDE AVENUE – RENOVATIONS TO EXISTING STRUCTURE, MASTER BEDROOM ADDITION, AND FOUNDATION AND PORCH ADDITION
Janet Bechtel stated the commission informed the applicant that they did not need to attend the next meeting.
Don Willis made a motion to approve the application. Robb Linde seconded the motion. The motion passed unanimously.
MODIFICATION TO APPROVED WETLANDS PERMIT - FMTM, LLC – 254-254-1 BOSTON POST ROAD – ALLOW REMOVAL OF 2.3 CUBIC YARDS OF SAND AND GRAVEL FROM THE STREAM BED TO PROVIDE ADDITIONAL DEPTH TO ENABLE THE FIRE DEPARTMENT TO USE AS AN EMERGENCY DRAFTING BASIN
Attorney Bennett presented the proposed modification. He also presented the original subdivision map to help show exactly where the drafting basin will be located on the site. Ms. Bechtel stated this plan as submitted has not yet been approved by the Old Lyme Fire Department, therefore she asked if the Fire Department determined the change to be inadequate would it then have to come back before the commission for approval. Attorney Bennett explained that this plan was drawn based on the conversations with the Old Lyme Fire Department. Janet Bechtel stated there was a letter written be the Fire Department on February 21, 2006 indicating that they had concerns. Attorney Bennett stated he was aware of that letter but he could not explain why it was
not addressed and made part of the current application. Frank Martone, developer of the site, stated that Tony Hendriks indicated he had never received the letter.
Page 4 – Minutes
July 25, 2006
Don Fortunato, Soil Scientist, stated he looked at the site and stated regardless of the fire basin these culverts end up in really poor condition and would benefit from a removal of silt. He stated the fire basins will not cause any environmental harm. Krulikowski stated that maintenance of the systems are important. Attorney Bennett addressed the comments made by Mr. Metcalf in his letter to the commission. Attorney Bennett stated that Mr. Metcalf’s comment #6 in his letter dated July 25, 2006 noted that the notations on the plan that was filed were not irrelevant to this project and the comments just needed to address comment #1 and the proper E & S controls. He further stated the map he is submitting to the commission this evening has corrected notations. Mr. Bennett reviewed the corrected notations on the plan with the commission. Mr. Bennett stated that he would check and see if a Water Diversion Permit is necessary. Attorney Bennett concluded by stating he felt it
was a no impact situation and asked for the approval of the modification.
Janet Bechtel asked Ms. Brown if a modification of an existing permit required an application fee. Ms. Brown indicated that a fee of $25.00 is required.
Mr. Linde stated he was inclined to wait to be sure this is what the Fire Department determines to be satisfactory. Attorney Bennett stated based on the dialogue between the Fire Department and his client he was confident they had met the requirements.
Linda Krulikowski made a motion to approve the application. Dave McCulloch seconded the motion. The motion passed unanimously.
OTHER BUSINESS
Janet Bechtel stated she had received a phone call from a women that is on the Town Woods Playground Committee and she asked us if it would be acceptable for the committee to plant a tree to provide shade for the playground.
Robb Linde state the commission had concerns about putting the play-scape in that area and creating additional activity in the vicinity of the vernal pool. Mr. Linde stated that he was not sure if the tree was being planted to provide an area for people to picnic. He was not sure that is what the commission would like to see.
Mr. Griswold stated that if the tree was located outside of the fence, he did not feel it would be a problem. Mr. Linde suggested the representative of the playground committee come before the commission with a plan that shows exactly what is being proposed.
The commission agreed to contact the representative to come into Town Hall and draw the tree on the plan.
Respectfully submitted,
Kim Groves
Land Use Administrator
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