OLD LYME INLAND WETLANDS
AND WATERCOURSES COMMISSION
PUBLIC HEARING & REGULAR MEETING
TUESDAY, JANUARY 23, 2006
PRESENT WERE: Janet Bechtel, Robb Linde, Dave McCulloch, Don Willis, Skip DiCamillo, Evan Griswold, and Martin Griswold. Also present were: Bob Doane, Michael Cronin, Tony Hendriks, Ann Brown and other members of the public.
Chairman called the meeting to order at 7:35 p.m.
Martin Griswold made a motion to amend the agenda. Skip DiCamillo seconded the motion. The motion passed unanimously.
ELECTION OF OFFICERS
Dave McCulloch made a motion to reinstate the existing slate of officers: Janet Bechtel, Chair, Robert Linde, Vice Chair. Martin Griswold seconded. The motion passed unanimously.
APPROVAL OF REGULAR MEETING MINUTES – November 28, 2006
Bechtel made a motion to approve the minutes as submitted. Skip DiCamillo seconded the motion. The motion passed unanimously.
APPROVAL OF SITE WALK MEETING MINUTES – December 9, 2006
McCulloch made a motion to approve the minutes as submitted. Martin Griswold seconded the motion. The motion passed unanimously.
NEW BUSINESS
ROB SHICKEL – 24 NECK ROAD – PROPERTY OF ROBERT AND JOANNE RINGERING – REQUEST FOR A FINDING OF NO JURISDICTION FOR CONSTRUCTION OF A DOCK.
Mr. Schickel stated the purpose of the application is to construct a dock. Mr. Schickel stated there is a small portion of tidal wetlands in the area of an old creek. He noted the old dock would be removed. Mr. Shickel submitted photographs of the property that showed there is no vegetation. Janet Bechtel stated Ann Brown also confirmed there were no inland wetlands on the property.
Evan Griswold made a motion of finding no jurisdiction on the property. Robb Linde seconded the motion. The motion passed unanimously.
Page #2
IWWC: 1/23/07
GARY SHARPE – 4-1 LIEUTENAT RIVER LANE – PROPERTY OF THOMAS & SHERRY JOHNSTON – REQUEST FOR FINDING NO JURISIDICTION.
Robb Linde made a motion to find no jurisdiction. Skip DiCamillo seconded the motion. The motion passed unanimously.
MATTHEW GRISWOLD – 7 OSPREY ROAD – ADDITION TO THE HOUSE
Matt Griswold stated he was planning a kitchen addition to their house on Osprey Road and it appears that one corner of the addition falls within the 100' wetland review area. He submitted a map for the commission to review. He noted that McDonald/Sharpe has had the wetlands flagged.
The commission agreed to set a site walk for Saturday, February 10, 2007 at 8:30 a.m.
HENRY & SUSAN SKELSEY – 22-1 EDGE LEA ROAD – ADDITION
Susan Skelsey presented the application for a deck on the southern corner and a screen porch on the rear of the house. She noted there are inland/wetlands and a creek on the property. The commission discussed and reviewed the current plan submitted by the applicant as well as a prior application submitted by the applicant.
The commission agreed to set a site walk on February 10, 2007 at 8:45 a.m.
ROBERT SHICKEL – 12-1 BANK ROAD – REQUEST FOR FINDING NO JURISDICTION
Mr. Schickel stated this is a proposal for a dock on Bank Road located off of Four Mile River Road. He stated there are no inland wetlands on the site, however there are tidal wetlands. Mr. Schickel pointed out the tidal wetlands on the plans submitted as part of his application. The commission reviewed and discussed the proposal.
Robb Linde made a motion to find no jurisdiction on the application. Skip DiCamillo seconded the motion. The motion passed unanimously.
VIOLATIONS
FILLING – 7 HILLWOOD WEST – PROPERTY OF GREGORY AND SHEILA GIANGRANDE
Bechtel reported the commission sent the property owners a letter in November indicating she and the Zoning Enforcement Officer had visited the site and did feel there was grading and filling done in a wetland area. She noted at that point she requested the name of the contractor along with a site plan of the property for the commission to review. She stated the owners did not respond. In January, large stone slabs were dropped on the property and she and the ZEO re-visited the site. A Notice of Violation was then issued. Bechtel reported the attorney for Mr. & Mrs. Giangrande, (Atty: Stephen Foreht) responded to the Notice of Violation and stated the property owner was willing to come up from their primary residence in New York to
Page #3
IWWC: 1/23/07
attend the meeting tonight, but, she told them it was not necessary. She further stated the property owner had the stones delivered to the site to be used at the rear of the house, on the north side, to construct steps down
the steep embankment. The property owner indicated he did not feel this work was within the review zone. Bechtel stated she told the attorney that until a site plan was submitted no further work should be done at the site. She stated that if the commission feels the stonework will not impact anything further, the Giangrandes would like an approval to go ahead with that portion of the work. The commission reviewed the pictures submitted by the applicant and an aerial photo supplied by Bechtel.
The commission agreed to set a site walk for Saturday, February 10, 2007 at 9:45 a.m.
MAXINE M. ILLINGSWORTH – 21 CONNECTICUT ROAD – CUTTING VINES, TRIMMING DEAD BRANCHES, CHIPPING VINES AND BRANCHES, CUTTING HIGH GRASS
The commission discussed their prior visit to this site on 12/9/06. Ann Brown reported she had received a complaint from the neighbors on Shore Acres Road about the clearing. She stated the property owner of 21 Connecticut Road has submitted an application for the clearing, however they were unable to attend the meeting but have committed to attend the February meeting and will submit a plan showing what has been cleared on the lot. She noted the owner would submit a request at that time indicating her intentions for the property.
The commission also discussed the above clearing that extended onto both 19 Connecticut Rd. (Aldi) and 25 Connecticut Rd. (Szozowski). The commission asked Ann Brown to send a Formal Notice of Violation, certified mail, requiring the property owner at 25 Connecticut Rd. to attend the next meeting.
The commission agreed to set a site walk for Saturday, February 10, 2007 at 9:15 p.m.
LORDS WOODS SUBDIVISION (AWWA) – CLEARING BEYOND THE APPROVED LIMITS AND MODIFICATION TO THE ROAD DESIGN
Bechtel stated it has come to the attention of the commission that the clearing limits as staked were not accurate as approved. Therefore, additional clearing has been done at the site.
Mr. Hendriks was present on behalf of his client, Dr. Awwa. Mr. Hendriks stated he also agreed that Dr. Awwa was in violation of the approved plans with respect to exceeding the clearing limits as defined on the approved plan, but went on to state that no where on the approved plan are there any designations as to what the clearing limits are. He noted on the approved plans there are limits of construction shown, silt fence locations and a tree line. Mr. Hendriks stated for the record that when his survey crew laid out the extent of the clearing it could have been kept a little tighter to the proposed construction. He stated that on the plan before the commission, (sketch map "A"- dated 1/15/07) it shows the area that was cleared as well as the limit of construction per the approved plans.
He further stated one of the reasons this happened is because on the approved plan, the limit of construction was shown on the plan profile and the silt fence location was shown on the overall detail site plan and the two do not mesh. He noted the silt fence location should be in front of the tree line and the tree line should behind the silt fence.
Mr. Hendriks stated he felt Dr. Awwa is still currently in compliance with the approved plans with respect to the limit of construction.
Page #4
IWWC: 1/23/07
Mr. Linde asked Mr. Hendriks how he was defining construction. Mr. Hendriks indicated fill. Mr. Linde asked Mr. Hendriks to clarify that there was no grading, no track marks, it was virgin ground. Mr. Hendriks stated he could not say there were not any track marks because clearing was done in the area and vehicles were used to remove the wood from the site.
The commission asked if trees were removed in the no clearing area. Mr. Hendriks indicated there were. Ann Brown stated that the “limit of vegetation” and “limit of clearing and grubbing”, and “limit of construction” were all indicated by the same symbol on different pages of the final plan. She said the commission understood that symbol to be the limit of disturbance. Ann Brown, stated as IWEO she felt the applicant was in violation of the plan. Mr. Hendriks stated he accepts full responsibility for anything his field crew may have done.
Bechtel stated she felt Mr. Hendricks statements explaining the confusion were unfair to the commission, that the commission reviews the plans in detail and that one of the reasons the commission gets so annoyed with Mr. Hendricks is because of the incredible inconsistencies that his plans often show. She expressed further annoyance that he would now come back to the commission and say that on some things it is 'limits of clearing' and on others its 'limits of construction' when he knows that the commission takes a broad brush approach to inland wetlands plans and relies on the engineers and other professionals, of which he is one, to accurately present the information. Bechtel reiterated that last week she asked Mr. Hendriks to submit plans addressing what restoration was going to be proposed and that
she resented him now just defending what had been done.
Robb Linde stated that since the commission as lay people are not always able to pick up on the subtleties of the plan, he suggested that whenever Mr. Hendriks submits a plan in the future the commission have another surveyor or engineer review the plan at a cost to Mr. Hendriks. Mr. Hendriks stated that is what currently happens when Mr. Metcalf reviews the plans. Bechtel stated she felt Mr. Linde’s suggestion that a surveyor review the work in addition to Mr. Metcalf made sense. Mr. Linde stated he wanted to be sure that everything in the plan is standard and is easily understandable to a lay commission like us.
Bechtel asked if the site has been cleared all the way down to the cul-de-sac. Mr. Hendriks stated it has been cleared down to the cul-de-sac. He stated he has asked the contractor to stay clearly within the limits of construction as shown on the construction drawings.
Mr. Hendriks stated he has been in touch with Mr. Allen Hull, B & L Construction, the company performing the roadwork, and it has been suggested that any stumps cleared between the proposed limit of construction and the limit of clearing be cut flush at the ground and left alone. He stated that with the open canopy, this would allow the vegetation to come back very quickly along that edge. He also noted there were not a lot of large trees and suggested the commission walk the site. Mr. Hendriks stated he would be making a formal application to this commission and to the Planning Commission for an amendment or modification.
Mr. Hendriks stated that on the uphill side away from the wetland and outside the review zone the stumps could be removed. He noted there were some suggestions when he met with Ann Brown and Janet Bechtel that perhaps some street trees along that area might be appropriate. Mr. Hendriks stated he would develop a plan with respect to that as part of the application. He noted he was a little concerned that on the uphill side, where there are some ledge outcroppings, the question is how much material will be needed for the trees to establish themselves. After much discussion, Bechtel asked if there could be these same boundary issues for clearing on the other 10 lots. Mr. Hendriks stated he would be very sensitive to this matter to make sure it does not happen again.
Page #5
IWWC: 1/23/07
The commission agreed to set a site walk for Saturday, February 10, 2007 at 10:15.
Mr. Hendricks stated that he did not feel the exceeded limits of clearing were in violation of the approved plan; that this was not a violation. Chairman Bechtel stated that was for the commission to decide and that enough time had already by devoted to this. Mr. Hendricks attempted to clarify his position at which point the Chairman asked Mr. Hendricks to take his seat and the commission would revisit this discussion at the end of the agenda.
CARYN ERICKSON – 11 LONGACRE LANE – REMOVAL OF INVASIVE PLANTS, SELECTIVE TREE CUTTING, MOVING LARGE ROCKS TO REBUILD ROCK WALL, REMOVAL OF ROTTING DEBRIS AND STUMPS, REMOVAL OF SMALLER TREES LEAVING LARGER, MATURE TREES ALONE
Bechtel stated the commission walked this property on 12/9/06 and agreed it has been cleared, graded and stumped. The owner was present at the site walk but was not in attendance this evening. Therefore, Bechtel suggested the commission send by certified mail, a letter of violation stating that the applicant or a representative must attend the next regularly scheduled meeting and present a replanting plan prepared by a wetland scientist or a professional landscape architect, indicating a timeline for the work to be done and the estimated cost, as a bond will be requested of the property owner.
CUTTING AND CLEARING: 29 WHIPPOORWILL ROAD – PROPERTY OF DELORES GREEN
Ann Brown stated she spoke with Mrs. Green who had undertaken some clearing along the edge of her property adjacent to the stream. Ms. Brown noted that Mrs. Green owns property to the rear of her lot and is exploring the best way to access it. She will be talking to her neighbor regarding this access and has contacted an engineer who will be preparing a plan.
PUBLIC HEARING:
ENOK PEDERSEN- 1 BURR ROAD – 17 LOT SUBDIVISION WITH CONSTRUCTION OF ROADWAYS WITH TWO WETLANDS CROSSINGS AND ACTIVITIES IN THE REGULATED REVIEW AREA
Robert Linde stated that he has listened to the hearing tapes for the previous meeting he did not attend.
Bob Doane, Doane-Collins Engineering Associates, LLC, presented the application. He explained that he has reviewed his drainage calculations and stated that there will be a less than 5% increase in runoff.
Due to recent heavy rains, he has been back to the site to review the situation of down-stream, off-site, drainage impact and submitted a proposed drainage modification for the Joseph O'Neill driveway culvert and individual stormwater management plans for lots #13, 14, 15 & 16. Mr. Doane explained that stormwater runoff mitigation is potentially available for all the lots if the Town of Old Lyme won't enlarge the culvert under Saunders Hollow Rd. Mr. Doane stated that the town's attorney would need to clarify if the O'Neill drainage modification would need to be addressed as a separate application. The applicant's attorney, Mr. Cronin stated that the conservation easement documents were being sent to Town Attorney Jim Mattern for review and that the applicant has agreed to an extension of this
hearing until 2/27/07.
Page #6
IWWC: 1/23/07
Bob Daone explained that the increase in runoff comes from the houses and driveways (not the road) because that can’t be detained as the road runoff is. Bob Doane explained that the increase in runoff may not actually be statistically significant because of the limitation of the models used to calculate runoff.
Judy Brault, 16 Burr Rd. introduced herself and asked Mr. Doane to clarify how the drainage would be handled along Burr Rd. to the east of the Fravel house. Mr. Doane explained that the water was being directed into a stone berm downgrade and that that water would drain back into the open space area of the site.
Nancy Mol, introduced herself and asked Mr. Doane if traffic had been assessed in that area. Mr. Doane began to address the site lines of the road entrance until Chairman Bechtel explained that traffic would be addressed at the Planning Commission hearing and that this commission was reviewing impact to wetlands and watercourses.
As there were no further questions from the public the hearing was continued until the next regularly scheduled meeting on 2/27/07.
OLD BUSINESS
APPLICATION OF TOWNS OF OLD LYME AND LYME FOR APPROVAL OF PHASE 2 OF THE TOWN WOODS RECREATION AREA, 26 TOWN WOODS RD.
Bob Dunn presented the application and explained that the commission walked the site on 12/9/06 and requested that the wetland area be reviewed for accuracy as show on the site plan and re-flagged. This has been done and was walked again by Evan Griswold. In addition, Evan Griswold requested that the silt fencing from Phase I be removed as it is an impediment to the movement of wetland amphibians. Bob Dunn apologized that this has not be done as he had requested this be taken care of a while ago. He will follow-up on this item. The commission and the applicant discussed the location of the fields and the associated grading plan as the soccer field's western boundary falls within 20' of the wetland. The applicant stated that the engineers have positioned the fields in the best location
possible and that the goal was to move as far from the vernal pools as possible. The commission discussed the open area between the vernal pools and the grading along the wetland boundary and deliberated on what would be the best management approach for this area.
Commission member Dave McCulloch introduced a "Brief Summary of Properties of Pesticides listed by the Applicator for use on Town Woods Playing Fields" and stressed his concern over the use of pesticides on town property. Dave McCulloch, Robb Linde, and Phil Neaton, who oversees the turf management of the playing fields, discussed the pro's and con's of pesticides and fertilizers and agreed to review Dave's summary in greater detail.
A motion was made by Chairman Bechtel to approved the application with three conditions:
1. That the area between the two vernal pools be left to revegetate naturally. (The existing meadow to remain).
2. That the area along the wetland boundary on the western edge of the playing fields, be left to revegetate once construction is completed and that it be considered a low-mow buffer area. Subject to cutting once a year.
Page 7
IW 1/23/07
3. That no pesticides or fertilizers be applied to these new fields until the WPCA has had the opportunity to review McCulloch's "Brief Summary of Properties of Pesticides listed by the Applicator for use on Town Woods Playing Fields" and render a decision on proper turf management. That the applicant must refer to the turf management plan including the chemicals to be used.
The motion was seconded by Robb Linde and passed unanimously.
APPLICATION OF EMILY FOWLER AT 15 LIBRARY LAND, MODIFICATIONS TO EXISTING RESIDENCE, NEW SEPTIC SYSTEM, DRIVEWAY MODIFICATIONS IN THE REGULATED AREA.
Stuart Fairbank, McDonald and Sharpe, presented the application and explained that the commission walked this site on 12/9/06. The small wetland area at the corner of the property and its associated drainage way was discussed, as was the shed that sits on the edge of the swale. E. Griswold stated that he would like to see the area closest to the wetland and the swale left alone. Mr. Fairbank indicated that if vines and brush are allowed to grow, this area could potentially fill in and not drain properly. Discussion ensued and it was decided that a 10' buffer would be left along the wetland where no lawn would be present and that the small wetland area would be cleared of refuse. Evan Griswold made a motion to approve the application with the following conditions.
The 10’ brushy buffer along the watercourse shall be continued to the northeast property line.
Refuse shall be removed from the wetlands and upland review area in the western portion of the lot.
Seconded by Skip DiCamillo seconded the motion. The motion passed unanimously.
APPLICATION OF ROBERT L. DAY CO., INC. FOR PROPERTY AT 24 GRANDVIEW AVENUE. CONSTRUCTION OF A SINGLE FAMILY DWELLING.
Stuart Fairbank, from McDonald and Sharpe, presented the application and explained that the commission walked this site on 12/9/06. Mr. Fairbank explained the past history of the lots in this area and stated that the applicant has assembled a number of small lots to make this larger parcel. This lot is relatively flat and the applicant will address the culvert that crosses under Grandview Avenue and clear the debris that currently blocks the flow. All activity, but the reserve septic system, is outside of the 100' review area.
Evan Griswold made a motion to approve the application with the following conditions:
No clearing is permitted byeond the “Limit of Clearing” line drawn on the plan showing revisions through 1/23/07.
The refuse in the wetland and upland review areas shall be removed.
The water flow through the existing PVC pipes, which are in the Grand View Avenue right of way, shall be restore
Skip DiCamillo seconded the motion. The motion passed unanimously.
Page 8
IWWC 1/23/07
APPLICATION OF ROBERT L. DAY CO., INC. FOR PROPERTY AT 32 GRANDVIEW AVENUE. CONSTRUCTION OF A SINGLE FAMILY DWELLING.
Stewart Fairbank, McDonald and Sharpe, presented the application and explained that the commission walked this site on 12/9/06. This lot rises steeply up the hill. Mr. Fairbank explained that he has repositioned the house on the lot to move it back further from the steep grade. In addition, the septic system was relocated. He confirmed that the large white pine trees on the property will need to be removed to access the lot and stated that additional site fencing will be place at the toe of the slope to prevent any runoff into the wetland. He also reiterated that the applicant will address the culvert that crosses under Grandview
Avenue and clear the debris that currently blocks the flow.
Evan Griswold made a motion to approve the application with the following conditions:
A second line of silt fence shall be installed directly in front of the stone wall prior to excavation.
No clearing is permitted byond the “Limit of Clearing” line drawn on the plan showing revisions through 1/23/07.
Skip DiCamillo seconded the motion. The motion passed unanimously.
APPLICATION OF FOUR PONDS DEVELOPMENT, LLC FOR PROPERTY AT 313-335 BOSTON POST ROAD WITH IS OWNED BY RICHARD, ROBERT AND JEAN FOSTER, APPLICATION TO CONSTRUCT A 28 UNIT PLANNED RESIDENTIAL CLUSTER DEVELOPMENT INCLUDING A CLUB HOUSE AND SWIMMING POOL, ROADS, UTILITIES AND A COMMUNTIY SEPTIC SYSTEM, WITH ACTIVITIES IN THE WETLANDS AND IN THE UPLAND AREAS.
The applicant has asked for an extension so that the 11/15/06 site plans can be revised. The extension was granted.
APPLICATION OF ENOK PEDERSEN- 1 BURR ROAD – 17 LOT SUBDIVISION WITH CONSTRUCTION OF ROADWAYS WITH TWO WETLANDS CROSSINGS AND ACTIVITIES IN THE REGULATED REVIEW AREA
The hearing has been continued to the February 27th meeting. There was no further discussion.
LORD’S WOODS – DISCUSSION
Site walk scheduled for 2/10/07.
Will submit restoration plan for cutting beyond the approved limits.
Will submit modified roadway plan to the Planning Commission and to IWWC. Modification will raise the grade of the roadway and will minimize necessary blasting and rock removal and excavation in the area of the error in topography.
Robb Linde asked who is responsible for the accuracy of the photogrammetry. Mr. Hendriks stated work will be done in accordance with the approved plan and will not exceed the approved plan.
Page 9
IWWC – 1/23/07
Robb Lined stated he believes new drainage calculations and new cut and fill calculations are necessary because of the errors in topography. Cuts and fills should be reevaluated. He stated he is concerned that current construction activities will encumber the possibility of the best road design plan from being built.
John Alexander stated that he believes that it would be best to relocate the roadway up onto Lot #1.
Robb Linde suggested that the erroneous information on the original submission should invalidate the entire approval.
John Alexander stated that the IWWC decision was based on the amount of dirt to be moved and errors should invalidate the decision.
Robb Linde suggested the roadway should be moved to the top of the hill and he suggested IWWC members listen to the old hearing tapes.
Mr. Hendriks agreed that no work would be done in the area of the modification.
OTHER BUSINESS
The Commission discussed Ann Brown recommendation that we start filing Wetlands Permits with the Town Clerk so that they are recorded with the deeds. This would add a $43.00 filing fee to all applications.
The Commission felt this was a good way to proceed.
The meeting was adjourned at 11:55 pm.
Respectfully submitted,
A Collective Effort
| 
