MINUTES
OLD LYME INLAND WETLANDS AND WATERCOURSES COMMISSION
REGULAR MEETING, TUESDAY, SEPTEMBER 25, 2007
7:30 P.M. AT CHRIST THE KING CHURCH MEETING ROOMS
1 MCCURDY ROAD
OLD LYME, CT
PRESENT WERE: Chair Janet Bechtel, David McCulloch, Mike Moran, Don Willis, Skip DiCamillo, Martin Griswold and Evan Griswold.
MINUTES DATED AUGUST 28, 2007
Bechtel made a motion to approve the minutes as submitted, Willis seconded the motion. The motion passed unanimously.
NEW BUSINESS
APPLICATION #07-38 – BEDRI BABASUCI – 20 GRASSY HILL ROAD – REPAIR EXISTING RETAINING WALL ALONG ROGERS LAKE AND TO EXTEND THE WALL ALONG THE ENTIRE FRONTAGE OF THE LAKE
The applicant submitted a map of the property where work would be conducted and pictures of the current wall. The commission set a site walk for Saturday, October 13, 2007 at 8:30 a.m.
APPLICATION #07-39 – FRAN AND COLLEEN SABLONE – 68 GRASSY HILL ROAD – CONSTRUCT A CONCRETE RETAINING WALL ALONG THE LAKE FRONT.
The applicant submitted a plot plan showing the location of the proposed work, and a wall diagram was submitted. The commission set a site walk for Saturday, October 13, 2007 at 8:45 a.m.
APPLICATION #07-40 – LESLEY CHICK – 66 GRASSY HILL ROAD – CONSTRUCT CONCRETE RETAINING WALL ALONG THE LAKE FRONT.
The applicant submitted a plot plan showing the location of the proposed work. The commission set a site walk for Saturday, October 13, 2007 at 9:00 a.m.
APPLICATION #07-41 – MARK AND MELANIE MACCONKEY – 4 ROSE LANE – CONSTRUCT AN ADDITION WITHIN THE REVIEW AREA.
Eric Block presented the application on behalf of the MacConkey’s. He noted he would not be available for the site walk but would ask the owners to attend. In addition, he was instructed to have a property site plan prepared, indicating the wetlands, the 100' review zone, the existing structures and the proposed activity. The commission agreed to set a site walk for Saturday, October 13, 2007 at 9:15 a.m.
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September 25, 2007
OLD BUSINESS:
#07-1 Application of Enok Pedersen for property of Joseph O’Neal at 43-1 Saunders Hollow Road, to modify the stream crossing and replace the culvert.
Bechtel made a motion to approve the application. Evan Griswold seconded the motion. The motion passed. McCulloch abstained.
#07-22 Application of Enok Pedersen, Pedersen Associates, for replacement of a culvert on Saunders Hollow Road, property of the Town of Old Lyme.
Bechtel made a motion to approve the application. Don Willis seconded the motion. The motion passed. McCulloch and M. Griswold abstained.
#07-23 Application of Enok Pedersen for property at 1 Burr Road – 17 lot Subdivision with construction of roadways with two wetlands crossings and activities in the regulated area.
In consideration of the factors specified by the Connecticut General Statutes, CGS §22a-36 through 45, including but not limited to the factors set out in CGS §22a-41 and Old Lyme's Inland Wetlands Regulations Section 10: the Commission finds there is substantial basis in the record to support the decision that the applicant demonstrated the absence of feasible and prudent alternatives by analyzing other methods of site utilization (e.g. rearrangement of structures on the lot, increased buffer areas, decreased clearing, appropriate stormwater detention/management programs).
Janet Bechtel made a motion to approve this application with the following conditions:
1. An independent 3rd party, satisfactory to the O.L. IWWC and the Town, is to be hired, (at the applicant's expense), to monitor all aspects of construction associated with the drainage structures within the wetlands, watercourses and upland review areas and report to this Commission, its agent and the Town. Prior to any construction, shop drawings approved by the design engineer for drainage and associated structures must be submitted to the Town. In addition, a site inspection and sign-off on the placement of the sedimentation and erosion control measures, including stone berms in the two watercourses, is required prior to the start of mass excavation and blasting and again, after the placement of the drainage structures in these wetland crossings. The
applicant's contractor must schedule a pre-construction site meeting to review project scheduling, construction procedures and erosion control measures with the Town's agent.
The timing of all construction activities is to be coordinated with the applicant's Certified Professional Soil Scientist, Richard Snarski, to conserve and protect vernal pool-breeding amphibians. In addition, staggering of sedimentation fence to provide appropriate openings and the use of woodchip berms as effective methods to allow amphibian migration will be implemented. The construction/placement of all drainage culverts within watercourses should coincide with periods of low flow and favorable growing periods/conditions to assure prompt stabilization of these critical areas.
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September 25, 2007
3. Due to the presence of vernal pools on this site, construction practices must adhere to the guidelines set forth in "Best development practices: Conserving pool-breeding amphibians in residential and commercial development in the northeastern United States" (MCA Technical Paper No.5, Metropolitan Conservation Alliance , Wildlife Conservation Society, Bronx, NY. Calhoun, A.J.K. & M.W. Klemens. 2002.)
4. A chemical and physical analysis of any and all off-site fill material, is required. (regulations pg.#13 7.6.f)
5. Within this 17-lot subdivision, only Lot #17 is excluded from restrictions. The other sixteen lots are encumbered with a Conservation Easement that must be included or referenced in the deed of each lot. In addition, all lots except #13 and #17 are to be clearly notated on the subdivision plan with the following:
This lot requires IWWC permit approval prior to any construction or clearing activities
6. The Conservation Easement language/documents must be submitted and approved by the Planning
Commission, the Open Space Committee and the Town's legal counsel prior to the issuance of any IWWC
permit.
7. The applicant shall post a bond for the placement of "Conservation Easement Area/Open Space markers"
to protect and ensure that those areas of preserved vegetation are not cut or cleared during construction or
in the future. Tree medallions every 25'-50' are required to field demarcate these areas.
8. The applicant's Certified Professional Soil Scientist, Richard Snarski, is to monitor and report to this
Commission (on a yearly basis, for a period three years) on the status of the storm drainage outlet/discharge areas that have been vegetated under his direction.
9. The applicant shall post a separate Erosion & Sedimentation and Site Restoration Bond, specifically relating to the construction of the proposed roadway, its drainage structures and the detention basin, securing the protection and if necessary the restoration of the wetlands and watercourse resources prior to any site disturbance or construction. This Bond is to be in addition to any bonding required by the Planning Commission. The form and type of bond shall be reviewed and approved by this Commission's legal counsel. The applicants' consulting engineer shall prepare and submit the bond estimate to this Commission for review and approval. This bond is to be held by the IWWC.
10. As greater than five (5) acres will be cleared/disturbed for construction of the roads, dwellings and associated improvements, the project will have to comply with the provisions of the state's DEP General Permit for the Discharge of Stormwater and Dewatering Wastewaters Associated with Construction Activities. The applicant must provide the Town of Old Lyme with a copy of that Permit prior to any site clearing/disturbance.
11.The following notation is to stay on the subdivision plan. Should it be inadvertently left off, it remains a
condition of approval, and IWWC shall require that new plans be filed with its inclusion:
"During construction, if the site contractor believes changes, deviations or modifications ("changes" hereafter) to clearing limits, the driveway, site grading or drainage ("improvements" hereafter) from that which was approved within areas regulated by the Commission are necessary, the contractor must first apprise the design engineer of the proposed change, who must then assess the proposed change as it relates to the overall project. The design engineer must then present the proposed change to the Wetland Enforcement Officer and/or Town representative (which includes an independent 3rd party hired to
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monitor the project) for consideration. If it is deemed a significant change by the Wetlands Enforcement Officer and/or Town representative, the applicant shall seek approval from the Commission prior to enacting the change. Otherwise, minor changes can be approved by the Wetland Enforcement Agent and/or the Town representative. The initial assessment of any change to improvements from approved plans and conditions will be the responsibility of the design engineer and not the Town."
The final subdivision plan is to include an IWWC Signature Block.
Don Willis seconded the motion. The motion passed. Dave McCulloch and Martin Griswold abstained.
#07-31 Application of Timothy Londregan – 3 Huntley Road – Construction of an office building.
Attorney Thomas Londregan represented the applicant, Tim Londregan. In discussing the report from Wendy Goodfriend, Attorney Londregan stated that the applicant would modify the plan to satisfy the suggestions in item #2 (handling of stormwater runoff from the paved parking and driveways); and to satisfy the suggestion in item #3b (infiltration of roof runoff with pretreatment to prevent clogging), although they believe that this is not the best method. Ken Stevens believes that maintenance will be harder with infiltration, and that the level spreader is a better scheme. Attorney Londregan stated that the plan shows the proposed building 54’ from the wetlands. He stated that he does not want to relocate the building to maintain a 50’ undisturbed area along the entire length of the wetland. He
proposed eliminating the 5’ sidewalk from the rear of the building to reduce disturbance. He stated that during construction, at least 15’ around the building would need to be disturbed.
Don Lucas, the applicant's engineer, stated that the subsurface infiltration system as submitted is not currently designed with an overflow, and that pretreatment of stormwater would be handled by hooded catch basins. The topography of the area within 60' of the wetland boundary was discussed and the applicant will be have this area field surveyed for accuracy. In addition, an elevation cross section, including the level spreader, will be submitted for the area marked on the site plan as "54' feet" (from edge of wetland).
VIOLATIONS
LORDS WOODS SUBDIVISION – CLEARING BEYOND THE APPROVED LIMITS AND MODIFICAITON TO THE ROAD DESIGN
The applicant was not in attendance, however, weekly reports have been submitted as required and the remediation planting approved at the IWWC meeting will be implemented as soon as planting conditions allow. Atty. Block has spoken to Diana Atwood-Johnson, Open Space Chairman, and is planning to attend their next meeting to resolve the cutting of trees on town property. Mr. John Alexander, neighbor, Lord's Meadow Lane, was in attendance and asked that we recommend that all future residential subdivisions use Corten 'weathering' steel guardrails.
The meeting adjourned at 9:00 PM
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