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Inlands Wetlands Commission Minutes 03/27/2007




OLD LYME INLAND WETLANDS
AND WATERCOURSES COMMISSION
REGULAR MEETING
TUESDAY, MARCH 27, 2007


PRESENT WERE:  Chairman Janet Bechtel, Skip DiCamillo, Robb Linde, Dave McCulloch, Mike Moran, Don Willis and Evan Griswold.  Also present were:  Ann Brown, Tony Hendriks, Attorney Mark Block, John Rhodes, John Alexander and other members of the public.

Chairman Bechtel called the meeting to order at 7:30 p.m.

MINUTES OF MEETING DATED FEBRUARY 27, 2007

Janet Bechtel made a motion to approve the minutes as submitted.  Skip DiCamillo seconded the motion.  The motion passed unanimously.

MINUTES OF SPECIAL MEETING DATED MARCH 14, 2007

Janet Bechtel made a motion to approve the minutes as submitted.  Skip DiCamillo seconded the motion.  The motion passed unanimously.

CRERPA AND THE TIDEWATER INSTITUTE PRESENTATION ON THE REPARIAN BUFFER SURVEY, CONNECTICUT RIVER

Judy Preston, Executive Director of the Tidewater Institute and Margot Burns, RPA were present to inform the commission of research they had recently completed. Ms. Preston stated that as a result of a two year study they have produced a comprehensive database that links, at the parcel level, existing conditions of riparian buffer in the lower Connecticut River.   She noted the study was undertaken because of the importance riparian buffers have on protecting water quality.  She noted the Long Island Sound study is most concerned with the health and well being of the living marine resources of Long Island Sound.  She also reported that nitrogen tends to be at the top of the list of problems affecting the waters of Long Island Sound and the Connecticut River.  She presented the commission with mapping of the study and informed them that this information is available on line at www.crerpa.org.  She also submitted a brochure on riparian buffers and their importance.  

Ms. Preston discussed the regulations the various towns have adopted with regard to the riparian buffers.  Dave McCulloch noted that this Inland/Wetlands Commission does not have jurisdiction over tidal wetlands.  He noted that the riparian buffer zone is under the jurisdiction of the Gateway Commission and that those regulations have not yet been adopted by the Zoning Commission.  Bechtel asked why the Town of Old Lyme has not adopted the regulations.  Ann Brown stated that not all of the zoning commission members support the regulation, therefore there is concern that the regulation would not pass.  Judy Preston and Margo Burns asked to be placed on the next zoning commission meeting agenda.  Ann Brown agreed to facilitate that process.  

Griswold asked if they thought that the local commissions would be contacting individual landowners on how to protect or enhance buffers.  Preston stated she thought that process would be part of a future grant.   
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Bechtel agreed to contact the Rogers Lake Homeowners Association to see if there was any interest in receiving this presentation on the riparian buffer.

JOHN RHODES – PRELIMINARY APPLICATION FOR LOL HIGH SCHOOL PROJECT

John Rhodes, Director of Facilities stated he would be sharing a conceptual design of the renovations to the high school in hopes of identifying any concerns that the commission may have with regard to the project.  Mr. Rhodes introduced Dick Webb, Landscape Architect, who will be designing the site.  Mr. Webb demonstrated on maps how the wetlands would be impacted with the proposed design.  Mr. Webb noted for the record that these drawings are only conceptual at this point and engineered drawings will not be submitted until after the referendum in May.  He indicated the site is 63 acres in size with three different zoning classifications on the property.    He noted there are three wetlands areas associated with the project.  The largest wetland is located on the easterly boundary.  The two other wetlands are located in the northwest corners of the property.  The smallest is an isolated 2,500 sq. ft. wetland that appears to be a man made wetland as a result of the drainage and runoff from the parking area.  He noted the wetland system to the north does flow north to south and there is a pipe at the southern point of the wetland system.   Webb stated the proposal for this project retains the existing auditorium and gymnasium and rebuilds all the other academic and support facilities associated with the new high school.   By wrapping the new facilities around the existing gymnasium and auditorium, the construction will be able to take place while the students are still attending classes in the existing facility.  He noted there would be some improvements to the main circulation drive that extends into the site and actually wraps around behind the proposed facility almost in a footprint where the existing academic wing is presently.  He noted that off of the main circulation drive a dedicated bus drop off area has been developed separate from the parent drop off and this location provides the opportunity for this drive to be shared between the Middle School and High School.   He noted there are 75 additional parking spaces proposed in the design, however they will be broken down into smaller lots.  He stated a second building is proposed for the site, which is a combination of mechanical services, the central office building and maintenance building.   He stated a new varsity baseball field would be created behind the existing high school, which will impact about 10,000 square feet of area within the buffer zone.  He stated this is the area that this commission previously approved for some clearing, which has not yet been accomplished.  He stated the only other significant wetland impact is this 2,500 sq. ft. area that would need to be replicated – and the thought is to take advantage of the quality of this northern wetland and replicate wetlands on either side of that portion of the existing wetland.  

Griswold asked what impact there would be on the new sewage system.  Webb stated this project does not impact the system.  Griswold asked what the expansion would be of impervious surface for parking and also asked if any thought had been given to banning student cars and requiring the students to use public transportation in light of the energy issues.  Rhodes stated there has been no discussion about banning student cars.  Rhodes asked the commission for their input as to what do with the water that comes from the track.   He stated there are currently drains in place but the water goes south and then gathers in with the library drainage and center school drainage.  Therefore, he asked the commission if they would prefer to feed the Duck River or loose it in galleys on-site.  Mr. Linde asked, if the river is backing up into the pipes to the playground area won’t that continue to happen unless the area is raised.  Webb stated he thought it was more of a capacity issue and not as much of an elevation issue.   Linde stated the commission would like to know what type of stormwater treatment would be used for the water coming off of the parking lots.  Linde asked if the small parking lot that is abutting about 10 feet of the actual wetland could be eliminated.  He stated he would ask the applicant to seriously consider whether it is necessary, especially since it is so close to the wetland.  Webb stated this is an existing disturbed area.  Linde stated it is an opportunity for restoration.  

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MUNICIPAL INLAND WETLAND COMMISSIONERS 2007 TRAINING PROGRAM

Bechtel asked if anyone was interested in attending the training program and if so there was a voucher available.  She also noted if more than one person is interested in going, the town will pick up the cost.  Brown reported brochures on the training program were mailed to all the commission members.  


APPLICATION OF BRIAN MACNEIL FOR PROPERTY AT 295 BOSTON POST ROAD – CONSTRUCTION OF A NEW HOUSE WITH THE SEPTIC RESERVE AREA WITHIN 100’ OF WETLANDS

Stuart Fairbanks of Angus McDonald & Gary Sharpe Associates stated the site is located on Boston Post Road, west of Four Mile River Road. He noted this was a subdivision lot from about 25 years ago.  He stated there is an existing paved driveway to Boston Post Road, which comes in through a driveway easement in favor Lot #299.  He stated there is a gravel off shoot that comes up to the proposed house site and in the proposed development there is an area of grading that intrudes 8 ft into the regulated area.  He stated this area is for the reserve area for the sanitary system and this area would not be built at this time.   Ann Brown stated she met with the property owner who asked whether the commission would issue the permit or whether an administrative permit could be issued so work could begin.  She further stated it was her understanding that no disturbance would take place beyond the primary system.   Griswold stated as long as there are proper erosion and sedimentation controls along the boundary of the wetland and signage placed along the buffer he felt an administrative permit would be fine.  Linde asked for confirmation that if the reserve area was not needed, there would be no clearing within the wetlands review.  Fairbanks stated it would need to be graded because of the leaching field.  Griswold noted if the reserve area was ever needed the property owner would have to come back before the commission for a permit.   McCulloch stated as long as the commissions concerns are passed onto the property owner or  are listed as provisions on the administrative permit, it would be fine.  Linde asked why it was critical that this approval happen now as opposed to waiting the next thirty days.  Brown stated it was not critical, it was just a discussion she had with the property owner who expressed his desire to get going quickly and there was not a lot of activity within 100 ft.   McCulloch stated he did not feel there was a reason to hold up the property owner.  Linde asked, then the commission allows the administrative permits to occur when there is minimal impact and this application may fit that criteria?  Linde stated he did not want the commission to get in the habit of expediting applications because there is a reason for the fifteen day waiting period.  Brown stated the currently policy on administrative permits is; not a continuos foundation, not more than 400 square feet for the building and not within 50 ft. of the wetland.   Brown further noted this was different.  Linde just wanted to caution the commission about getting into the habit of expediting applications.

Bechtel made a motion accept this application as an administrative permit.  

Linde suggested the motion state that the commission grant Ann Brown the power to issue the permit on this property if appropriate erosion controls are in place to her satisfaction.  Skip DiCamillo seconded the motion.  The motion passed unanimously.




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REQUEST FOR JURISDICTIONAL RULING:  CONNECTICUT WATER COMPANY, HARTUNG WELL FIELD, 7 CROSS LANE, INSTALLATION OF A SECOND 150,000 GALLON STORAGE TANK

John King, Connecticut Water Company, stated they currently operate the Hartung Well Field, located off of Cross Lane that provides water to the Sound View and Miami Beach area along with the Mile Creek School.  He stated when the facility was constructed back in the 90’s there was not the demand on the system that there is currently.  He stated the current demand is about 10,000 gallons a day, however during the summer season it is about 120,000 gallons a day.  He also noted that on peak days when it is hot they exceed over 200,000 gallons a day.  Therefore, they are looking to add an additional well to the site.  He presented a site plan and submitted photographs for the commission to review. He noted it is a flat site, however, there will be some minimal grading in one area which is located outside of review zone.  He also noted that no fill would be brought into the site.   Brown noted this project is currently before the zoning commission for site plan approval.  She noted the Zoning Commission is waiting for a report from the Wetlands Commission.   Attorney Mattern has agreed that this is a permitted-by-right use and does not require a permit from the commission.   Bechtel asked if the Water Company conducts any sort of program that promotes water conservation.  King noted that meters have begun to be installed in the beaches versus the flat rate that property owners were being charged and this may change the amount of water used due to the cost.

Linde said that Attorney Mattern has already stated that this is a permitted-by-right activity, therefore he made a motion that we do not have jurisdiction over this application.  Dave McCulloch seconded the motion.  The motion passed unanimously.

APPLICATION OF ROBERT GIANOTTI – PROPERTY AT 2-4 HUNTLEY, SPECIAL EXCEPTION TO CONSTRUCT A MULTIPLE OFFICE COMMERCIAL BUILDING WITH DRAINAGE STRUCTURES CONNECTING TO AN EXISTING DRAINAGE SYSTEM.

Tony Hendriks was present to represent the applicant, Robert Giannotti.    Mr. Hendriks stated that the applicant is proposing to construct a building at 2 Huntley Road, very similar to the application that was approved at 4 Huntley Road.  Mr. Hendriks stated the associated parking with the building will have a paved surface and catch basins will be installed and a drainage system has been designed.   Hendriks stated the system is designed to put the water back into the ground.  He noted the two systems will be connected on the adjoining property so they will work together and in the event there is excess water, it would be allowed to go back into either system.  Hendriks stated if there was a large storm or overflow it would end up in the rip-rap/level spreader and then ultimately end up in the wetland that is located on the Farnham property.   Hendriks stated he has been monitoring the system and he has yet to see any water come out of the site, but we have not had any 25 or 50 year storms.  He stated the gravel situation on this site allows the water to run straight down into the ground.  

Bechtel asked how much paving was proposed for the new site.  Hendriks stated paved parking is proposed all the way around.  Hendriks indicated that the maximum total lot coverage allowed by putting water back into the ground is 75 percent and 62.8 percent is provided on approximately 41,000 sq. ft.  

Griswold stated that Mr. Hendriks was taking a lot that is currently all grass and making it pavement.  Mr. Hendriks stated that with the drainage system that is proposed, all of the water that would normally fall on the ground is still able to go into the ground through the drainage system so the water is being recharged

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right back into the ground as if there was no pavement there at all.   Hendriks indicated in a 10-year storm there will be no increase in runoff from what is currently happening.  Bechtel asked what happens if there is a 25 year storm event.  Lee Rowley stated he has installed a number of these systems (Storm-Tech) in Old Lyme already.  Rowley stated the water comes in through an isolator row, which has a wrap on it which filters out sand and grime to prevent clogging.   Linde stated that Mr. Rowley indicated he wanted to re-run the numbers on the site, and asked why this would need to be done.  Rowley stated he has a new software program that will provide more accurate numbers to what size storm.  Rowley stated a 25 yr/24 hour storm will produce 6 inches of rain.  

Bechtel asked if Mr. Hendriks thought the plans were complete enough to be referred to Mr. Metcalf for his review.  Mr. Hendriks indicated he would like the plan evaluated.  Bechtel asked the commission if they would like to schedule a site walk.  McCulloch asked Mr. Hendriks to review another location on the site for the drainage.   Brown noted that this application is currently before the Zoning Commission as well.  Griswold expressed concern about the amount of paved surface.  McCulloch suggested paving blocks.  

Griswold asked Mr. Rowley if he had reviewed the hydrology on the site.  Rowley indicated the ground water all moves toward the wetland.  Griswold indicated that if the two drainage systems were separated there would be a longer fetch for the groundwater being introduced into the ground further from the wetland.  Skip DiCamillo expressed concern that this system has not been tested and questioned that it would really put everything back in to the ground if the site is completely paved.  Rowley stated the first flush has a lot more contaminants then later on in a rain storm.  He stated with the type of soils on the site that with a 2, 3, or 5 year storm, there would be no run-off downstream unless the ground was frozen.  

Bechtel stated, that if the 4 Huntley Rd. site is stabilized, she would like the silt fence removed prior to the vernal pool amphibian migration season.  Brown agreed to inspect the site and discuss it with both Giannotti and Hendriks.

JOSEPH AND TAMARA MCARAW – 23 TALCOTT FARM ROAD – CONSTRUCTION OF A HOUSE, DRIVEWAY, AND ASSOCIATED GRADING

Mr. Hendriks indicated there are two specific items on the site he would like to discuss with the commission.  He noted when the subdivision was approved it was approved subject to entry via a driveway located on the adjoining property.  Mr. Hendriks reviewed the 100 ft. setback line shown on the map with the commission.  He stated the driveway location would be outside of the review zone at least in part.  Hendriks stated the applicant is interested in having his own driveway located on his own property.   The applicant feels if he was to use the driveway as shown or as approved by the Planning Commission it would have to cross the trail which has been set aside to for the community to gain access to the existing dock.   Hendriks stated the second part of the application requires some minor grading that is associated with the construction of the house that is within the 100 ft. review zone.  Hendriks indicated there is a tidal wetland along the northeast side of the house and on the northwest side is an inland wetland.  

Brown asked Mr. Hendriks if he knew why the Planning Commission required a shared driveway.  Mr. Hendriks indicated he did not.   Brown also noted that any clearing in the buffer area required an approval from the association.  She further added that the association appeared to be very cooperative in allowing people to do what they wanted with their property.  



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Linde stated it is this commission’s job to protect the wetlands and the owner was aware of the driveway location when they purchased the property, therefore it would take a lot of convincing for him to do anything other than deny the application.

The commission agreed to set a site walk for Saturday, March 31, 2007 at 8:00 a.m.

THOMAS & JOY MCCONNELL – 3 MILL POND LANE – CONSTRUCTION OF AN UPGRADED AND CODE COMPLIANT SEPTIC SYSTEM AND AN ADDITION TO THE HOUSE

Tony Hendriks stated he recently did a survey for the McConnell’s who wish to put an addition on their property.  He stated that subsequent to the survey they discovered their addition would be to close to the property line.   Therefore, the applicant has received approval from the Planning Commission to modify their property line between themselves and the Johnson property.    Hendriks has now prepared a plan requesting an addition to the south side of the house and because the addition would require the sanitarian’s approval a new leaching system is also proposed.   He stated this leaching system will be in compliance with the Public Health Code and it will be located parallel to the existing slope.  He stated this lot has been in existence since 1963.  Mr. Hendriks indicated both the existing house and proposed addition are located within the 100 ft. review zone.  Hendriks reported that Don Fortunato has flagged the wetlands at the site.   Linde asked Hendriks if he would be providing some details on roof drains, etc.  Hendriks indicated he would do that. The commission agreed to set a site walk for Saturday, March 31, 2007 at 8:30 a.m.

WOODS OF OLD LYME, LLC AND OLD LYME HEIGHTS, LLC – 27, 29-1 AND 29-2 OLD STAGECOACH ROAD AND 22-1 OLD POST ROAD

Gennaro Martorelli, one of the owners, presented the project.  Mr. Martorelli stated there are multiple properties and two different owners.  He stated the property is located on Old Stagecoach Road and consists of 128 acres.  He noted he appeared before this commission approximately a year and a half ago for a preliminary discussion.  He noted at that time the only legal access to the land in the back was through a  wetland.  Therefore, they discussed bringing a driveway through the wetland for a single family home, but at that time they wanted to show what they thought could be the future development so they showed the loop road. This commission suggested they meet with the Planning Commission and ask if that commission would allow a change that would eliminate crossing the wetland. Martorelli stated he met with the Planning Commission and they made a great effort to comply with this commission’s request on this property.  Mr. Martorelli noted that the Planning Commission also suggested they meet with the Fire Department and Fire Marshal who stated they would not have to do the crossing and could have just one way in as long as specific road design criteria was met.  He stated one of the criteria was that there is a 24 ft paved road and the fire pond is accessed from a certain direction.  Mr. Martorelli noted there is a man made fire pond on the property and stated the only impact on the wetland would be the fill necessary for  a 12 x 26 ft. t fire pond access driveway that would be at grade. In addition, he noted that the majority of the roads on this site are designed at grade.   He stated all the stormwater drainage has been designed to go through swales, a sedimentation basin and then through a level spreader overland into the wetlands.  He stated at the main entrance to the site everything goes directly into the drainage system on Old Stagecoach Road.   He noted when this drainage system was designed and built it was constructed to handle this property.   He also noted they have included an oil/water separator on the plans, which will clean out the sediments that are trapped in the area.  He stated the discharge from Old Stagecoach is to a town right-of-way, which eventually travels down to Rogers Lake. Mr. Martorelli stated the only place they breached the 100 ft. regulated area outside of the fire road is the road that runs between the two wetlands.  

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Bechtel stated when she reviewed the plan she could not find a legend.  She also requested that the limits of clearing be placed on the plan for any of the lots that have wetlands on them.  McCulloch also asked that a statement be placed on the plan that indicates that any lot, which is within 100 ft of the wetlands, must come before the commission for review.  Linde also asked that placards be placed along the 100 ft. review line so the owners will be aware of where the review line is located.  

The commission agreed to set a site walk for Saturday, March 31, 2007 at 9:00 a.m.

6 VISTA DRIVE – SITE DEVELOPMENT PLAN TO CONSTRUCT ADDITIONAL PARKING – APPLICATION AND REQUEST FOR A FINDING OF NO JURISDICTION

Phil Biondo stated the proposal is to expand the existing parking lot on the site.  He noted they have a potential tenant at 6 Vista Drive.  This tenant will be increasing the use and will have more people using the facility, therefore necessitating additional parking.  There will be a net gain of 61 spaces to the existing parking.  He noted there is an existing catch basin and drainage structure and they will be tying into that structure, however, the applicant will be installing a storm tech infiltration system. He stated they are approximately 120 ft away from the wetland at the edge of a severe slope.  He also noted after the drainage goes through the structure it will naturally drain into the wetland area.  Biondo stated he has requested a ruling of  no jurisdiction because the system is already in place and improvements are proposed.  He also noted the parking is upland about 35 feet.  

Brown stated she requested that the applicant submit an application because of the steep slope and the potential of impact to the large wetland swamp down below. She recommended that the commission take jurisdiction beyond the 100 ft review area to ensure the site is stabilized properly.  

The commission agreed to set a site walk for Saturday, March 31, 2007 at 10:15 a.m.

VIOLATIONS

7 HILLWOOD WEST, PROPERTY OF GREGORY & SHEILA GIANGRANDE

Bechtel stated this application is scheduled for the April meeting.

MAXINE M. ILLINGSWORTH – 21 CONNECTICUT ROAD & 25 CONNECTICUT ROAD, CUTTING VINES, TRIMMING DEAD BRANCHES, CHIPPING VINES AND BRANCHES, CUTTING HIGH GRASS

Bechtel reported that she received a letter from Maxine Illingsworth and noted Ann Brown spoke with her and feels the next approach is to issue a violations ticket to the neighbor at 25 Connecticut Road.  Brown stated that Ms. Illingsworth is unable to attend our night meetings for personal reasons.  She is very cooperative and is horrified that she is in violation of the regulations.  Brown stated as noted in her letter she is very happy to let everything grow back and do whatever the commission requires.  Brown stated she was willing to pick the boards and debris out of the area if the commission so desired.  

Brown stated her thoughts regarding the neighbor (25 Connecticut Road ) is that since he has failed to respond to the commission in any way and apparently has a history of failing to be cooperative with the Wetlands Commission, an infraction be issued in the amount of $500.00.  She also stated the commission could determine what actions they would undertaken in restoring or cleaning the property.  
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Linde suggested the commission make a motion to issue the fine.  The commission agreed.

Robb Linde made a motion to levy a fine to the property owner at 25 Connecticut Road for clearing vines, trimming dead branches, chipping vines and branches and cutting high grass in the wetland area.  Dave McCulloch seconded the motion.  The motion passed unanimously.

Bechtel stated that the commission would allow the property owners at both 21 and 25 Connecticut Road to hand remove the rubbish from the wetland.  

Bechtel stated this is a question of whether the commission wants to approve a permit for clear cutting when it wasn’t suppose to be done or are we simply seeking a restoration.  Brown stated the permit could be denied and the cleaning could be required.  Bechtel stated, the property owner is making an application for work that has already been done and that the commission probably would not have approved.  Linde asked if the property owner is permitted by right to remove debris from the wetland.  Linde stated if the permit is denied the property owner has no right to go into the wetland and do any work.  Brown stated the owner could be required to remove the rubbish and the boards.  Skip DiCamillo asked if the commission would want a restoration plan. McCulloch noted the property owner (21 Connecticut Road ) appears to be cooperative.  Bechtel ask if the permit should be approved because it is work that has already been done and then make the stipulation that the clearing be part of the permit.  Brown stated the commission could vote to deny the request to do the work and require as mitigation to do the rubbish cleaning.  

Skip DiCamillo made a motion to deny the application.  Mike Moran seconded the motion.  The motion passed. Robb Linde opposed.  

Bechtel made a motion to require the property owner to remove the debris, construction material and concrete if possible, by hand in the wetland area and that the wetland area be allowed to grow back in its natural state.  Dave McCulloch seconded the motion.  The motion passed.    Robb Linde Abstained.

LORDS WOODS SUBDIVISION, CLEARING BEYOND THE APPROVED LIMITS AND MODIFICATIONS TO THE ROAD DESIGN. CEASE & DESIST ORDER

Bechtel stated the commission had modified plans and a mitigation proposal to be discussed on the Lords Woods Subdivision under a Cease & Desist Order.
Attorney Block stated with regard to the Cease & Desist Order, that was issued by the commission on March 14, 2007 and documented by letter to Dr. Awwa on March 21, 2007, he would like to review the six items on the list with the commission.

Attorney Block stated the first item states that the new road plans be modified as shown on
Demonstration Plan C dated February 28, 2007.  He noted there were a series of letters issued by Tom Metcalf addressed to the commission dated March 10, 23 and 26th.   He noted it was his understanding that the plans that Mr. Hendriks has submitted as revised Demonstration Plan C which contains a revision date of
March 23, 2006 now comply with all of Mr. Metcalf’s comments except for two which he indicates would be dealt with at the time the mitigation plan was approved and discussed with both this commission and the Open Space Committee.



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The second item on the list requires the applicant to submit weekly construction updates and erosion
and sedimentation control reports to Ann Brown, Tom Metcalf and Janet Bechtel.  Block stated they reported by letter from Mr. Hendriks office that there was no activity at the site for the period ending March 21, 2007.

The applicant is required to reimburse the Town of Old Lyme for expenses associated with Mr.
Metcalf’s weekly review.  Attorney Block stated he had not received a billing from Mr. Metcalf.  Attorney Block noted there was also a bond posted with the town.

The applicant is required to have a certified soil scientist re-flag the onsite wetlands.  Block stated
they have hired Mr. Fortunato to re-flag the wetlands.  Bechtel noted she had spoken with Mr. Fortunato who indicated he did have people currently out in the field.  Block stated a written report would be filed with the commission when the work is complete.

Block stated this item addresses Mr. Metcalf’s comments with regard to pre-construction meetings.
Block indicated he felt this was all part of Mr. Metcalf’s report that has been satisfied on the revised plan.

A Restoration Plan based on the open space document.  Block stated there is a plan submitted.  He noted
this was submitted to Diana Atwood Johnson prior to her vacation, together with a report of all of the stumps that exist.  Block stated Johnson intended, upon her return, to review the plan.   Bechtel stated she had also spoken with Johnson, who will be back in town around April 2, 2007, and that she requested that this commission not take any action on the plan until the Open Space Committee had a chance to review the plan.

Brown indicated that she does have copies of the proposed landscape plan, however she does not have the stump count.  Block submitted two copies.

Tony Hendriks stated the landscape plan and stump information was also given to Mr. Tom Degnan.

Joan Bozek, Intervenor, stated she had the opportunity to read the letters that Mr. Metcalf sent and she referred the commission to Page 2 of his 3/23/07 letter.  She noted there are a numbers of items which Mr. Metcalf has stated have not been addressed on the plans.  Bechtel stated that letter was superseded by the his 3/26/07 letter.   Block stated those items referred to pages of the plans that had not been attached to Mr. Hendrik’s latest submission which was corrected by a submission of those pages to the plan.  

Bozek stated that Metcalf's 3/26/07 letter, Item 3, ¶2, asks for detailed information about the stabilization methods.  Bozek asked the commission what their plan was for that and noted as interveners they had a soil scientist specifically address the appropriate vegetative measures and plantings, including native species, to make sure the canopy is restored.  She also noted some of this is in the jurisdiction of the Open Space Committee, however, the Wetlands Commission should want to make sure that this high value wetland is protected and restored.

Bechtel stated that Mr. Snarski's letter was forwarded to the Open Space Committee and once they have a chance to review it, and put down what they want, the remediation plan will come back before this commission for a final review, and that Mr. Metcalf felt that would then be the appropriate time to include
the necessary vegetative measures at the level spreader and include it on the construction plan.   Linde asked for clarification; the Open Space Committee has jurisdiction over the town owned area, but there is still the area owned by the applicant.  Bechtel stated this area was addressed in the commission's notes to Ms.

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Johnson.  She further stated the goal is to keep all of the remediation information on one sheet and then submit it for final approval.

CUTTING AND CLEARING – 29 WHIPPOORWILL ROAD – DELORES GREEN

Brown indicated that Ms. Green has submitted a preliminary plan.  Brown noted she did not contact Ms. Green last week, therefore this item should be carried until the April meeting.

CARYN ERICKSON – 11 LONGACRE LANE – REMOVAL OF INVASIVE PLANTS, SELECTIVE TREE CUTTING, MOVING LARGE ROCKS TO REBUILD ROCK WALLS, REMOVAL OF ROTTING DEBRIS AND STUMPS, REMOVAL OF SOME SMALLER TREES LEAVING LARGER, MATURE TREES ALONE.

Bechtel stated the commission requested that a restoration plan be submitted by this month, however the applicant has indicated she has been attempting to hire Mr. Snarski and he has not been available as of yet.  Therefore, the applicant has requested a one month extension.  Bechtel noted a Notice has been recorded in the land records indicating this property is under violation.  

NOTES TO THE LAND RECORD

Linde asked why nothing has been filed on the Land Records for 25 Connecticut Rd.  Bechtel indicated that 11 Longacre Lane is currently on the market and she wanted any purchaser to be aware of the existing violation.  Linde stated, who knows if 25 Connecticut Rd. will put their house on the market next week.  Linde suggested that something be field on the land records for the applicants that are not being cooperative with the commission.  Bechtel indicated that could be done.  

Bechtel made a motion to place an order and filing on the property at 25 Connecticut Road in the land deeds.  Linde seconded the motion.  The motion passed unanimously.

FOUR PONDS DEVELOPMENT, LLC.

Bechtel reported the application was withdrawn.  She reported she submitted copies of both her approval and denial notes for the applicant to review.  She noted the applicant would review those items and make further plan adjustments and be back before this commission seeking an approval.  

OTHER BUSINESS

Linde suggested the commission should consider hiring a Wetland Specialist to conduct an independent evaluation of the wetlands on the larger applications that come before this commission.  The commission concurred.  Linde stated the commission is not qualified to make the assessments and the applicants appear before the commission with their experts and the commission does not have its own expert.  Bechtel stated she felt we should inform Old Lyme Heights of that request.

Respectfully submitted,


Kim Groves
Land Use Administrator