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Inlands Wetlands Commission Minutes 07/24/2007

DRAFT MINUTES
OLD  LYME  INLAND WETLANDS AND WATERCOURSES COMMISSION
PUBLIC HEARING & REGULAR  MEETING, TUESDAY, JULY 24, 2007,
7:30 PM  AT CHRIST THE KING CHURCH MEETING ROOMS
1 MC CURDY ROAD
OLD LYME, CT

Call to order at 7:30 PM.  Present were Chairman Janet Bechtel, Vice-chairman Robb Linde, Members Lewis DiCamillo, Evan Griswold, Don Willis, and Mike Moran.  A motion to amend the agenda was made by Bechtel and seconded by Linde, and carried unanimously to add the application of Matthew Griswold to modify the existing wetlands permit at 7 Osprey Road to allow installation of an underground propane tank, and to decline to accept the application of Robert L. Day Company, Inc. for a wetlands crossing on Grandview Avenue because there was no fee submitted, and therefore the application is incomplete.
Minutes of previous meeting dated June 26, 2007 were approved unanimously on a motion made by Linde, seconded DiCamillo.
Minutes of site walk meeting dated July 12, 2007 were approved unanimously on a motion made by Bechtel, seconded Moran.
NEW BUSINESS
1.      #07-33 Application of James Graybill for property at 27 Sill Lane.  Construction of a 4-Season Sunroom.  Linde made a  motion to allow the IWEO to issue an administrative wetlands permit for this addition, provided the applicant agrees to maintain a vegetated buffer along the wetlands boundary, of shrubs or grass mowed a maximum of twice during the growing season, and provided that the IWEO does not find any concerns on site that would warrant commission action, seconded by Willis, and approved unanimously.
2. Application of Matthew Griswold to modify the existing wetlands permit at 7 Osprey Road to allow installation of an underground propane tank.  Bechtel made a motion to modify the existing wetlands permit to allow installation of an underground, 500 gallon, propane tank, seconded by Linde, and approved unanimously.

PUBLIC HEARINGS

1.      #07-23  Application of Enok Pedersen for property at 1 Burr Road (tax map 36, lot 10), 17 lot subdivision with construction of roadways with two wetlands crossings and activities in the regulated review area. Bob Doane and Richard Snarski appeared for the applicant.  Doane submitted a letter granting an extension of time till August 28, 2007 for the conclusion of the public hearing.  At that meeting, Snarski will present his professional, objective testimony about the overall impacts on the wetlands and the vernal pools by the proposed activities and proposed density of activities; his evaluation of whether there is need to protect the wetlands resources more than the plan proposes; his evaluation of other measures or modifications to the plan that could or should be taken to lessen the impacts.  There was testimony and discussion of the inexact scientific information about the precise effects of any particular activity on a particular vernal pool.  Bechtel suggested that the applicants consider even more extensive, voluntary conservation easements to ensure that only modest yard areas are cleared on the lots.  There was further testimony about the measures that the applicant has taken and modifications that he has made to the plan to reduce impacts to the wetlands resources, such as changing the road layout, drainage scheme, house and lot locations, shared driveways and the extensive conservation easements which coincide with the 100’ review area in some locations, and go beyond in some areas to logical topographical demarcations.  The public hearing was continued to the next regular meeting, which will be held on 8/28/07.

OLD BUSINESS

1.      #07-21  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.  Bob Doane appeared for the applicant.  Modified plans were submitted, and more detailed, modified plans will be submitted soon.  Doane submitted a letter granting an extension of time till August 28, 2007 for action on the application.  The application was tabled to the 8/28/07 meeting.  
2.      #07-22 Application of Enok Pedersen, Pedersen Associates, for replacement of a culvert on Saunders Hollow Road, property of the Town of Old Lyme.  Bob Doane appeared for the applicant.  Modified plans were submitted, and more detailed, modified plans will be submitted soon.  Doane submitted a letter granting an extension of time till August 28, 2007 for action on the application.  The application was tabled to the 8/28/07 meeting.
3.      #07-23  Application of Enok Pedersen for property at 1 Burr Road (tax map 36, lot 10), 17 lot subdivision with construction of roadways with two wetlands crossings and activities in the regulated review area.   No action taken pending conclusion of the public hearing.
4.      #07-11 Application of Woods of Old Lyme, LLC and Old Lyme Heights LLC, for property at 27, 29-1, and 29-2 Old Stagecoach Road and 22-1 Old Post Road, Tax Assessor’s Map #38, lots #14,15,17, 17-1,  38 lot subdivision.  (WITHDRAWN BY APPLICANT)
5.      #07-08  Application of Robert Gianotti for property at 2-4 Huntley Road, special exception to construct a multiple office commercial building with drainage structures connecting to an existing drainage system.  Tony Hendriks, Lee Rowley and Don Fortunato appeared for the applicant.  Lee Rowley testified that the storm water system is designed to contain a 100 year storm, and that he does not believe that there will be any overflow into the level spreader.  Curtain drains are not necessary and will not be installed around the building because the basement level is above the maximum ground water height and the soils are so very permeable.  Don Fortunato was asked specifically about the effects on the vernal pool on adjacent property to the subject property.  He testified that he believes that it is unlikely that there ever will be flow out through the level spreader because of the size of the stormwater system and the permeability of the soils on site.  He believes that any rainwater that is heated by the pavement in the summer will cool off while infiltrating in the soils, and that there will not be any harm to the vernal pool.  He believes that most of the water in the vernal pool is surface run off water, and that very little surface runoff from the subject site ever reaches the vernal pool because of the permeability of the soils.  He testified that he believes that there will be no impact on the vernal pool from this development proposal.  Linde made a motion, seconded by DiCamillo, to approve the application as currently proposed with the conditions that an Erosion and Sedimentation Control Bond, in an amount to be approved by the commission’s engineer, be submitted to the Inland Wetlands and Watercourses Commission, to be held by the commission until the site development is complete and an As-Built Plan is submitted, and that bi-monthly inspection reports of the stormwater system be submitted to the commission for at least one year, to show that the system and its maintenance schedule are working appropriately.  The motion was approved unanimously.
6.      #07-29 Application of Paul Lussier for property at 26 Library Lane – Installation of a two-car garage and regrading using a small excavator machine.  Bechtel made a motion to approve the application as submitted.  The motion was seconded by Linde and approved unanimously.
7.      #07-30 Application of Paul & Maureen Nelsen at 1 Parsons Farm Lane – Installation of a detached two car garage.  Bechtel made a motion to approve the application with the conditions that the silt fence would be extended around the top soil stockpile, and that a 30 foot vegetated buffer would be maintained along the wetlands edge behind the garage; the motion was seconded by Linde and approved unanimously.  The commission made a finding that the trellis and the underground utilities are not in the commission’s jurisdiction.
8.      #07-31 Application of Timothy Londregan at 3 Huntley Road – Construction of a Day Care Facility.  This application was tabled to the 8/28/07 meeting at the applicant’s request.
9.      #07-32 Application of Ronald Swaney – 61-1 Buttonball Road – Drainage Improvements and Paving.  After a brief discussion and a request that, in the future, the applicant make application to the commission prior to initiating work, Bechtel made a motion to approve the application as the work is virtually completed, with the condition that the driveway must be paved; Willis seconded, and the motion was approved unanimously.

VIOLATIONS:

1.      Lords Woods Subdivision, clearing beyond the approved limits and modification to the road design.  Cease and Desist Order:  Modified plans and mitigation proposal to be discussed.  Linde recused himself and took a seat in the audience as he in an Intervenor in this action.  Tony Hendriks, Don Fortunato and Lee Rowley were present.  Janet Bechtel reported that the Open Space Committee has had the damages from the tree cutting evaluated by Connwood Foresters, Inc., and there are reports dated June 18, 2007 and July 13, 2007 estimating stumpage value and replacement costs.  In addition, there is a letter from Diana Atwood Johnson dated July 20, 2007 to Janet Bechtel as IWWC chairman, discussing the damages from the tree cutting on Town Open Space, and suggesting that $150,000 would be an appropriate compensation and compromise to avoid litigation with those responsible for the encroachment and damage.  The Open Space Committee suggests that this money should be put into the Town’s Open Space Fund.  Bechtel stated that she has asked Jim Sipperly to evaluate the reports and the restoration plan which was submitted by representatives of the subdivision.  Robb Linde requested that the commission reactivate the Cease and Desist Order, because he believes that the owner of Lord’s Woods Subdivision has not responded to Open Space Committee correspondence and has not entered into discussions with the Open Space Committee for some months.  Linde stated that this shows a pattern of non-cooperation and that the commission should insist that the representatives respond to the Open Space Committee.  Bechtel stated that the commission has tabled the Lord’s Woods discussions for the past few months with the expectation that the commission would reevaluate all information after the Open Space Committee has made its conclusions.  She pointed out that the Open Space Committee only just recently received the forester’s evaluations.  It has been understood that the replanting work proposed in the restoration plan should not be initiated until after the regarding and road stabilization is complete, and that likely with not be done until after August.  Hendriks stated that the weekly inspections and reports have been done as was ordered and agreed, and Bechtel confirmed this.  Bechtel will discuss these issues further during the month, with the goal of coming to the commission at the August meeting with a remediation plan for the consideration and approval of the commission.  Linde asked that the silt fences be reinspected and maintained, as some are nearly over-topped with silt that has been trapped.
2.      Application of Caryn Erickson for property at 11 Longacre Lane, for removal of invasive plants, selective tree cutting, moving large rocks to rebuild rock wall, removal of rotting debris and stumps, removal of some smaller trees leaving larger, mature trees alone.  Linde and Evan Griswold reported that they made a site inspection, and they agreed that the plants in the regulated areas are regrowing well, and they agree with the recommendation of Richard Snarski to leave the areas alone rather than to plant new shrubs or trees.  The commission agreed that the only activity in the regulated areas should be the removal of invasive species.  Bechtel made a motion to remove the notice of wetlands violation from the Town Land Records.  The motion was seconded by Linde and approved unanimously.
3.      SHOW CAUSE HEARING, 14 Flager Avenue.  Property of Fred L. Marcantonio and Rosa Cruz-Marcantonio, Cease & Desist Order issued for activities, including excavation, in areas under the jurisdiction of IWWC.  Fred Marcantonio was present.  Ann Brown, IWEO, explained the violation and that the contractor and the property owner were immediately responsive to the notice of violation.  With the permission of Brown, the owner installed silt fence, restored the stream bank with the excavated materials, seeded and mulched the disturbed area, and planted a row of shrubs.  Brown showed photographs of the original excavation and the restoration.  Bechtel made a motion to lift the Cease and Desist Order with the condition that the silt fence will stay in place and be maintained properly at least until the spring of 2008, presuming the grass will be well established by that time, and that the grass east of the row of shrubs (toward Swan Brook) will be mowed only once or twice each year, and that the grass west of the row of shrubs (toward Flagler Avenue) will be maintained as lawn.  The motion was seconded by Willis and approved unanimously.
4.      Enforcement Report:  A notice of violation was sent to the property owner at 129 Boston Post Road for storing manure in the regulated area.  

COMMISSION CORRESPONDENCE

ANY OTHER BUSINESS
ADJOURNMENT
A motion to adjourn was made by Bechtel, seconded by Linde, and approved unanimously at 10:10PM.