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Inlands Wetlands Commission Minutes 04/24/2007
OLD LYME INLAND WETLANDS
AND WATERCOURSES COMMISSION
REGULAR MEETING
TUESDAY, APRIL 24, 2007


Present were:  Chairman Janet Bechtel, Vice Chair Robb Linde, Evan Griswold and Skip DiCamillo.  Also present were Ann Brown, Zoning Enforcement Officer, Tony Hendriks, Sal Diglio, Don Fortunato, Joe Wren, and other members of the public.

Chairman Bechtel called the meeting to order at 7:35 p.m.

MINUTES OF MEETING DATED MARCH 27, 2007

The commission tabled any action on the approval of the March 27, 2007 minutes until the May meeting.

MINUTES OF SITE WALK MEETING DATED MARCH 31, 2007

The commission tabled any action on the approval of the March 31, 2007 minutes until the May meeting.

NEW BUSINESS:

NEW LOCATION DURING TOWN HALL CONSTRUCTION PROJECT

Ann Brown reported that the official moving date for the employees in town hall is Wednesday, May 2, 2007.  She noted that the new location will be at the A & P Shopping Center in the old Merrill Lynch space.  She noted the commission meetings will be held at in the meeting rooms of  Christ the King Church,  
1 McCurdy Road.  

OSPREY LANDING – 218 SHORE ROAD – PROPOSED MULTI-FAMILY DEVELOPMENT

Jeff Montanaro, whose family has owned Cherrystone’s Restaurant for over 35 years, introduced himself to the commission.   He reported that last year an approval was granted by the Planning Commission, for the restaurant to be subdivided from the main part of the property so the remaining land could be developed.   Joe Wren, Land Planner and Engineer for the project, stated the land is zoned C-30 to the south and LI-80 to the north.  He noted the railroad tracks run along the northern property line and that Black Hall Country Club abuts the property.  Mr. Wren stated there are wetlands to the east of the property and there is a marsh, which runs through and connects to L.I. Sound in the northwest corner.  Rich Snarski flagged the wetlands to determine where the tidal influence ends and the inland wetlands begin. Mr. Wren stated the entire parcel is 29.4 acres and the restaurant parcel is 2.4 acres.   He stated the proposal is to create a PRD zone essentially based on language used in Old Saybrook and noted that this zone requires 50 percent of the land to be preserved as open space.   Wren stated the proposal would include a community septic system and noted that  public water is available to this property.   He stated the road has been designed to remove the least amount of trees and the plan consists of 3, two or three bedroom units,  with two-car garages serviced by a private road.

SEAVIEW CUSTOM HOMES, LLC – 6 NECK ROAD – CONSTRUCTION OF A CARRIAGE HOUSE STYLE SHED 20’ X 22'.

The owner of Seaview Home Improvement presented the commission with a rough sketch of the shed.  Bechtel asked if the property was past Village Estates on Rt. 156; Ann Brown noted the properties were adjacent.   The shed will be located next to the house.   The commission reviewed the site plan and agreed to visit the site individually prior to their next meeting on 5/22.   Seaview Homes agreed to stake out and flag the location of the proposed shed for the commission to review.  

FOUR DEVELOPMENTS, LLC – 313-335 BOSTON POST ROAD – RICHARD & JEAN FOSTER

Bechtel stated the applicant withdrew their application last month because more details were needed on the site plan.   She noted the new application would be officially received this evening and stated that Mr. Metcalf had not completed his review of the new plans.   Attorney Diglio confirmed that Mr. Metcalf has received the latest revisions to the plan.   Attorney Diglio asked the commission members if there were any further questions regarding the 'Conditions of Approval', submitted by the commission, or to his response to those conditions.  Bechtel stated the applicant has agreed to the 13 conditions.  Brown stated that the Chairman’s letter to Attorney Diglio refers to many documents that were submitted as part of the previous application and asked if it was his intention to include all of those documents as part of this new application. Attorney Diglio indicated that was correct.  Brown asked Attorney Diglio to review the file and determine exactly which documents will be part of this new application and which superseded site plans may be discarded.  

PRELIMINARY PLAN – 268 SHORE ROAD – ROONEY’S PACKAGE STORE

Tony Hendriks stated that at the request of the owners of Rooney’s Package Store he is presenting a preliminary view of what is proposed for the site.  He noted it is a commercially zoned site with Swan Brook running along the west side of the property.  Mr. Hendriks oriented the commission with the site plan.  Mr. Hendriks stated the total site is located in the 100 ft. review zone.  He reported that the site was cleared previously without permits at which time the commission requested the site be allowed to re-vegetate naturally.  Hendriks stated Mr. Patel, the owner, requested he review with the commission a couple of different alternatives for development of site that comply with the zoning regulations.  Mr. Hendriks first presented a 4,896 sq. ft. building on the site with four storefront businesses.  He stated the owner would be taking down the current building on the site and remodeling it into some type of small office and moving his current operation to the rear of the site.  Hendriks also presented a smaller 3,780 sq. ft. building, which might be more beneficial for the wetlands, the site itself and its actual use of the property.   Mr. Hendriks noted the larger layout would require rear access to the building; the smaller layout would not. Hendriks also noted that with the smaller office layout, a larger buffer would be possible along the rear.  Hendriks noted that in the prior years these were two individual parcels, however due to the current zoning regulations, since both the lots are non-conforming, they have legally been merged.  Bechtel asked the size of the parcel.  Mr. Hendriks indicated that this was not noted on the plan, however he thought it was approximately 1.5 acres.   Bechtel stated the commission visited this site at the time of the prior clearing violation and that the members felt a 50 ft. buffer from the wetland was not unreasonable for this lot.  Hendriks noted the drainage could be accomplished by Swan Brook through some dry grass swales as opposed to any formal drainage. Evan Griswold asked if the parking would be paved and if so how that would increase the runoff and impact the capacity of the pipe in Swan Brook to handle the additional stormwater.

OLD BUSINESS:

ROBERT GIANOTTI – 2-4 HUNTLEY ROAD – CONSTRUCTION OF A MULTIPLE OFFICE COMMERCIAL BUILDING WITH DRAINAGE STRUCTURES CONNECTING TO AN EXISTING BUILDING

Mr. Hendriks stated he was present to represent Mr. Gianotti and was aware that Mr. Metcalf had not had an opportunity to review the drainage calculations.   Brown stated this particular application has been delayed by the snowstorm in February and by Metcalf’s schedule and stated that the applicant asked if the commission would be willing to hold a Special Meeting once comments were received from Metcalf.   She further noted this application is also waiting for Zoning Approval, which cannot be granted until this commission acts on the application.  Brown further stated the timing was not the fault of the applicant or his engineering firm.   Bechtel stated a Special Meeting would be taken under consideration when the comments were received from Mr. Metcalf.  

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

Tony Hendriks introduced himself on behalf of the applicants, Mr. & Mrs. McAraw.  Mr. Hendriks submitted revised plans as a result of the comments from the commission with respect to concerns that were raised.  He stated these concerns included a requirement that the applicant use the common driveway that was originally set aside and that no grading or building be allowed within the preservation zone.   He noted the only activity proposed within the wetlands review zone is a portion of the driveway turnaround area and the grading along the left-hand side of the house.  Attorney Ed Casella, representing Mr. & Mrs. McAraw, stated with respect to the conservation area the applicant is not allowed to do much of anything in that area without the association's approval.  Attorney Cassella reported he had reviewed the Public Offering Statement and noted that it is important to know that at the building permit stage the plan will have to be reviewed by an entire design team with regard to the structure, driveway and the conservation restricted area.  Bechtel stated she also reviewed the Public Offering Statement and it is very clear what is permitted and what is not permitted in the restricted areas.   Evan Griswold asked if there would be sufficient room around the concrete walls for the machinery to operate without intruding into the limits of clearing.  Mr. Hendriks indicated there was enough area, although it would be tight.  

Robb Linde made a motion to approve the plan dated March 19, 2007 revised through April 24, 2007 as submitted, with the stipulation that the silt fence not extend any further than the current limits of clearing.  
Evan Griswold seconded the motion.  The motion passed unanimously.

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

Tony Hendriks introduced himself on behalf of the applicants, Mr. & Mrs. McConnell.  Mr. Hendriks stated the application consists of constructing an addition on the pond side of the house.  He noted over the past several months the McConnell’s received approval from the Planning Commission to modify the lot lines
between the two parcels, which would allow the setback requirements to be met.  Hendriks noted that any changes to the existing home require that the applicant upgrade the leaching system to meet current health code standards.   He noted a new leaching system has been designed for the site, for the existing three-bedroom home, which takes up only the most minimal amount of land.   He noted the system would be placed directly in the ground without any disturbance.   Hendriks stated the small natural vegetative buffer that exists will continue and not be removed.  Bechtel asked about the leaf dumping.  Hendriks indicated the O’Connell’s plan on cleaning that area.   Linde asked the applicant to consider establishing a 10 ft. buffer at the wetland.  The O’Connell’s agreed to provide the buffer.  Griswold asked for clarification on the 'mantis' septic system.  Hendriks stated this system was approved in July 2006, it is the shape of a VCR tape and there are a number of them in a row that come in 5-ft sections and they are surrounded by sand.  Griswold asked if this was to increase the area of contact with the soil.  Hendriks indicated that was correct.   Hendriks also noted that the trench would only be 3-ft wide and 1ft. high, therefore this system can be put in the ground without any impact to the surrounding soils.  Linde asked if there would be stockpiling of soils on the site.  Hendriks indicated the material would be excavated and removed from the site because the foundation will be a crawl space.  McConnell indicated some of the soil might be tapered up against the south side of the addition.  Hendriks reported that the current plan shows no grading, therefore, any changes to that plan would require further commission approval.  Griswold stated the most important item is maintaining sufficient ground cover that would capture any runoff before it reached the Mill Pond.

Linde made a motion to approve the plan as submitted with two conditions:

That the debris on the east side of the house bordering the processed stone driveway be removed from the wetland area.
That a vegetative buffer be established between Wetland Flag #4 and Wetland Flag $#30 of approximately 10-ft. or more to protect Mill Pond.

Skip DiCamillo seconded the motion.  The motion passed unanimously.

Hendriks agreed to make a notation on the plan with regard to the buffer.

BRIAN MACNEIL – 295 BOSTON POST ROAD – CONSTRUCTION OF A NEW HOUSE WITH THE SEPTIC RESERVE AREA WITHIN 100' OF WETLANDS

Ann Brown stated she sent an email to the commission members informing them that although they had authorized her to issue an administrative permit, when she visited the site it appeared that conditions were somewhat different than what appeared on the plan.  Brown indicated she requested the site be mapped more precisely and the applicant come back before the commission for an approval.

Stuart Fairbanks, Angus McDonald & Gary Sharpe Associates, presented the application.  He stated when Ann Brown visited the site she indicated that the neighbors had recently paved their driveway.  Fairbanks noted that apparently when the driveway was paved a pipe was installed.   Fairbanks stated he was not aware that there was a pipe at the site but when he did the topography he realized that the neighbors had broken into the ground on the uphill side and brought in a huge amount of fill and installed the pipe.  Bechtel stated she saw the seep.  Brown and Bechtel both indicated that when they visited the site water was coming off of everywhere.  Fairbanks stated the new map indicates the driveway location and he also located the silt fence on the site.   Bechtel stated she felt the limits of clearing should be where the silt fence is currently located on the site.  She further stated the site plan does not do the lot justice at all.  She stated it is very rocky with a
lot of swamp type trees.  She noted there is a lot of rock on the site that protects the area that drains all the way down to the wetlands.  Bechtel also noted that the driveway access to the site, within the wetlands review zone, is already cleared and the issue is preventing any additional clearing and requested there be no additional clearing on that property.   Fairbanks suggested the limit of clearing and silt fence be shown at the edge of the filling or grading that is required for the primary leach field.   Linde suggested placards be placed on the trees to define the limits of clearing.  

Griswold made a motion to approve the plan with the following conditions:
1. that the limit of clearing be along the grading line of the primary septic leach fields and
2. that placards, when available, be posted on the few remaining trees on this lot.  

Linde seconded the motion.  The motion passed unanimously.

WOODS OF OLD LYME, LLC AND OLD LYME HEIGHTS, LLC – OLD STAGECOACH ROAD AND OLD POST ROAD

Gennaro Martorelli, owner, stated he would like to review some of the items brought up by the commission both at the meeting and site walk.  Mr. Martorelli stated he had the surveyor go out to the site and stake the centerline of the road every 100 ft. Martorelli stated the road was moved onto the logging trail, which will allow for minimal disturbance. Martorelli stated his engineer felt that a standpipe would be more invasive in the fire pond than just a gravel access road down to the pond and that the Fire Chief also indicated he would prefer to have the drive access with no standpipe. Mr. Martorelli also reported that he had his engineer check the grading and it does match the aerial photography shown at the site.  He stated there are some steep slopes abutting the wetland area and the Connecticut River Coastal Conservation District also suggested additional protection beyond the 100 ft. review zone. Martorelli indicated he was willing to do that but asked the commission how that would best be accomplished and suggested the limit of clearing be identified with a note on the plan indicating any changes would require approval from the commission.   Linde stated the commission would recommend setting aside the area, such as within a conservation easement, so there would be no future issues.

Mr. Martorelli stated his soil scientist reviewed the wetlands, as requested by the commission, to determine if there were vernal pools; one of the wetlands was determined not to be a wetland at all and the other wetland was not a vernal pool. Martorelli stated there are some steep slope conditions on Lots #18 and #19 and additional upland buffer has been suggested here as well. This is the same issue that applies with regard to the conservation easement and the applicant has no problem with either of those conditions. Mr. Martorelli noted that Mr. Metcalf did not like the swale going around the cul-de-sac, therefore this area may be piped, and Metcalf asked that the discharge points be marked in the field for his review.  

Martorelli reported that he was in agreement with Ms. Goodfriend's comments.  He noted she asked that individual house locations be shown on the plans showing discharge for footing drains and roof leaders. This can be shown, but Martorelli did not anticipate that the houses will end up in those exact locations. Martorelli asked if this would be handled administratively when the actual plots are submitted to construct the houses. Bechtel stated that as the commission receives more detailed reports from Mr. Metcalf, there may be certain lots that need to be identified as requiring additional IWWC approval prior to construction and explained that when the house is designed, even though the activity may be out of the 100' review zone, additional impervious surfaces and drainage could impact the 100 ft zone.  Bechtel asked if Mr. Metcalf was waiting for additional input from the applicant to complete his review. Martorelli stated there is currently quite a bit of the review that can be completed, although he did request that the actual locations of the perc tests be flagged.  Bechtel asked about Ms. Goodfriend's recommendation, Item #3, that a wetland delineation report be submitted from a certified soil scientist. Mr. Martorelli stated a report has been submitted.

The commission agreed to table any action until Mr. Metcalf’s comments are received.  

6 VISTA DRIVE – SITE DEVELOPMENT PLAN TO CONSTRUCT ADDITIONAL PARKING – REQUEST FOR FINDING OF NO JURISDITION.

Bechtel stated a new plan was received today and Mr. Metcalf has not yet reviewed it.  Brown stated the applicant was under a timeframe for the project and stated that if the commission held a Special Meeting for 2 Huntley then perhaps this item could also be added to the agenda.  She noted this item is also waiting for Zoning Commission approval.   Bechtel stated, when comments are received from Mr. Metcalf the commission will evaluate whether a Special Meeting should be held.

VIOLATIONS:

7 HILLWOOD WEST – PROPERTY OF GREGORY AND SHEILA GIANGRANDE

Don Fortunato submitted a plan of the site for the commission to review. Fortunato stated there was not a thick area of wood chips at the site, however, within the watercourse area itself, he has requested all the chips be removed.  He stated he would like the watercourse reshaped by hand, to be approximately 4 or 5 ft wide and 1 to 2 ft deep, and to carry the water back to the wetland in the northwest corner. Fortunato stated the area has been pushed around.  Bechtel stated fill was brought into the site so that the slope could be softened.  Fortunato stated he would supervise the restoration of the site. Bechtel asked if a berm should be placed on the lawn side of the watercourse and if Fortunato thought the grass-mix plantings would provide a sufficient buffer.  Fortunato stated the conservation mix grows very thick and creates a nice buffer and he did not think a berm was necessary.  Bechtel stated that Ellen Caulkins, 5 Hillwood West, has attended all of our meetings re: this violation, but because this is not a public hearing, she has not been able to speak. Therefore, it was suggested that she submit her concerns in writing. Bechtel read Caulkins' letter into the record and noted there were two additional submissions by people in the area supporting Caulkins' position. Bechtel further noted there was a letter from a neighbor supporting the restoration suggestions made by the commission.  She noted that Ms. Caulkins has stated there was a pond on the northern edge of the property that was cut off from the water flow and filled.  Bechtel asked Fortunato, when the watercourse is re-established, will you be able to determine if water is going to naturally pond in this area?  Fortunato stated once the water enters the wetlands it slows down, however, if the desire is to make a ponded area it can be done if that was what existed before.  Linde stated Fortunato had indicated in the past that it was relatively easy to tell where the original level was in this area.  Therefore, Linde suggested the water level be restored to what was originally there.  Bechtel stated it was the preference of the commission to get as close to what was originally there as possible.    

Linde made a motion to approve the plan for restoration of the watercourse based on the restoration plan submitted by Don Fortunato dated April 23rd, 2007, with the addition that at the north end of the watercourse an attempt be made to re-establish the original grade in the vicinity of the pond which apparently existed there and establish a 15-ft buffer to the east side of the watercourse in Area A.   Evan Griswold seconded the motion.  

The motion passed unanimously.


LORDS WOODS SUBDIVISION, CLEARING BEYOND THE APPROVED LIMITS AND MODIFICATION TO THE ROAD DESIGN

Bechtel stated she has received weekly memos from Tom Metcalf and this complies with the Cease & Desist Order.  What is currently outstanding is the replanting and restoration plan.  Bechtel stated Diana Atwood Johnson, Chairman, Open Space Committee, had a meeting with Attorney Block and was not satisfied with
the inventory of cut trees supplied by the applicant. Johnson will be contacting an independent forester to supply the information she is looking for. Don Fortunato stated he felt the real issue was that Mr. Hendriks had spoken with the town forester and he understood that Ms. Johnson agreed with the plan but wanted to add a little detail as to what should be planted in certain locations.  He also thought Open Space was looking for a dollar figure on what species were cut and their value.  Bechtel stated there had been discussion about the best way for the commissions to proceed and felt that one landscape plan, presented to all the commissions for approval, would be most beneficial in this restoration process.  Bechtel stated this plan would also have to be approved by the tree commission because trees located along the road in the town right of way are under their jurisdiction.

Linde – Intervener – stated he strongly suggests that the Wetlands Commission have their own wetland scientist approve a wetland remediation plan.  

Bechtel stated his recommendation would be noted for the record and said a good report had been received by Mr. Snarski and will be looked at as part of the whole remediation issue. In summary, Bechtel noted the commission will have recommendations from Mr. Fortunato, Mr. Snarski and a forester.  

Linde – Intervener – stated this is a multi-million dollar project and the cost of having a wetland scientist review the plan when it is complete would be a small amount of money to ensure that what is recommended is in the best interest of the wetlands.  

CUTTING & CLEARING – 29 WHIPPOORWILL ROAD – PROPERTY OF DELORES GREEN

Bechtel stated Mrs. Green submitted a letter to Ann Brown stating there is no activity being conducted. She is still pursuing a resolution to the driveway access and at that time an application will be submitted to the commission for the necessary permit.

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

Bechtel stated Caryn Erickson sent an email stating Richard Snarksi had been out to asses the property, that he recommended removal of some of the wood chips (which is currently being done) and is finalizing a replanting plan. Bechtel read the email into the record. Based on this update, Chairman Bechtel informed Ms. Erickson that she did not have to attend the meeting until the replanting plan was ready to be submitted, presumably by next month.

OTHER BUSINESS:

25 CONNECTICUT ROAD

Ann Brown stated she sent out the Notice and infraction with a  $500 fine by certified mail. She further noted she has received no response either by mail or phone.  Brown stated the fine ordinance states that if there is no response within a certain timeframe, the commission will pursue the next action.

Respectfully submitted,


Kim Groves
Land Use Administrator