OLD LYME INLAND WETLANDS AND WATERCOURSES COMMISSION
PUBLIC HEARING AND REGULAR MEETING
JANUARY 22, 2008
PRESENT WERE: Janet Bechtel, Robb Linde, Evan Griswold, Dave McCulloch, Mike Moran, Don Willis and Sabine O’Donnell. Also present were: Ann Brown, Joe Wren, Kim Groves, Mervin Roberts, Dimitry Tolchinsky, and other members of the public.
The Chairman called the meeting to order at 7:30 p.m.
ELECTION OF OFFICERS
Bechtel reported that Martin Griswold was stepping down from the commission. The Selectmen appointed Sabine O’Donnell to fill that vacancy.
Dave McCulloch made a motion to nominate Janet Bechtel to continue as Chairperson of the Commission. Evan Griswold seconded the motion. The motion passed unanimously.
Evan Griswold made a motion to nominate Robb Linde to continue as Vice Chairman. Don Willis seconded the motion. The motion passed unanimously.
MINUTES OF MEETING DATED NOVEMBER 27, 2007
Evan Griswold made a motion to approve the minutes as submitted. Janet Bechtel seconded the motion. The motion passed unanimously.
SITE WALK MEETING MINUTES DATED DECEMBER 8, 2007
Janet Bechtel made a motion to approve the minutes as submitted. Evan Griswold seconded the motion. The motion passed unanimously.
NEW BUSINESS
#07-50 BLACK HALL CLUB, INC. – 43 BUTTONBALL ROAD – PROPOSED TURF MAINTENANCE BUILDING – REQUEST FOR FINDING OF NO JURISDICTION
Robb Linde recused himself from the application.
Bechtel reported that she and Ann Brown walked the property with the engineer on December 18, 2007. She further indicated that there were no wetlands within the commission’s jurisdiction on what is being proposed. Therefore, she would not have a problem with their request for finding of no jurisdiction.
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January 22, 2008
Bechtel stated that McCulloch brought up the fact that one of the maintenance buildings will be for the storage of pesticides. Bechtel noted that is not within the jurisdiction of this commission. Brown indicated this issue will fall under the jurisdiction of the Zoning Commission and will be a part of their review process.
Brown stated she had written a letter to the applicant indicating this commission had a finding of no jurisdiction, however she stated if the commission would like to modify that letter and include these concerns she would be happy to do so. Griswold stated a State Application would also be required for pesticide use. McCulloch stated he felt the state regulation was more for overall agricultural use. Brown indicated that she understood the state would play a role in how the pesticides would be stored on the site.
Bechtel made a motion that the commission formally vote on the Black Hall’s request for finding of no jurisdiction. Don Willis seconded the motion. The motion passed.
PUBLIC HEARINGS
ROBERT L. DAY COMPANY, INC. FOR A WETLANDS CROSSING ON GRANDVIEW AVENUE
Robert Day was present for the application. He stated it was his understanding that due to a misunderstanding of notification of neighbors this hearing will be opened and continued to the following month. Mr. Day submitted the proof of mailings for the record. He reported he is currently in negotiations with Tim Griswold and awaiting a letter from Marilyn Clarke, which will outline the current situation. He also noted his engineer, Stuart Fairbanks of Angus McDonald and Gary Sharpe Associates is working along with the town. Day stated other than the preliminary information they are still working on final details, which hopefully will be completed prior to the February meeting.
Bechtel asked if revised plans would be forthcoming. Day stated new plans would be forthcoming that would contain additional calculations that were requested by Mr. Metcalf. Bechtel asked if she had the most current map. Day indicated that was correct. Bechtel asked when the map was created. Day stated it was done in 1989. Bechtel asked if the plan would end up being done in a more legible form. Bechtel asked if the commission could get a site plan that shows what is proposed at the wetlands crossing and also shows the wetland flagging on both sides. Mr. Day stated he could certainly do that.
QUESTIONS FROM THE PUBLIC:
LEE DETWILER – 9 BOUGHTON ROAD
Ms. Detwiler stated she has lived at this address for about 4 years. She stated that they have a significant amount of runoff in their yard. She further stated that there is an open pipe at the top of the street on Boughton Road and it drains right into her property. She stated she is concerned about the runoff she is currently getting and asked if these improvements will increase the problem. She also expressed concern about the possibility of pesticides being used on the properties above her and of them running down into her property. McCulloch stated he was aware of the situation and felt that someone should look at the discharge off the road. Day stated he did not feel the improvements he was making would have any effect on the property in question. He stated the
wetlands in no way go over the hill and into the culvert being discussed. He also noted because the grade has been reduced at the top of the hill there will be less water. McCulloch suggested that Public Works be contacted to review the current drainage situation on Ms. Detwiler’s property.
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January 22, 2008
Bechtel stated that when an applicant appears before this commission it is their responsibility to prove that their project does not contribute a greater problem to the overall community. However, if a problem currently exists, (such as this), it is not necessarily the applicant’s responsibility to resolve that problem.
LAURIE SILVIA – 31 GRANDVIEW AVENUE
Ms. Silvia stated she concurred with Ms. Detwiler that what comes down that avenue does run right into her property. She further stated the recent road improvements are worse than the previous road, which was just a dirt road. She noted since this road has been improved it has washed out and rutted. Therefore, she expressed concern about the improvements.
Linde stated it is the responsibility of the applicant to demonstrate to this committee and its consulting engineer that there will be no additional runoff. Ms. Silvia asked "what happens if the applicant meets all the criteria and the situation still deteriorates"? Linde stated this commission puts faith in the calculations and the skills of our engineers to ensure this does not happen. He further stated that in his experience on the commission he is not aware of any situation that has had significant difference than what the calculations are on the plan.
Bechtel asked if the road would be paved. Day stated the only portion proposed to be paved is the portion where the grade exceeds 12 percent. Bechtel asked what improvements have been made to date. Day stated that basically the road has been brought down to rough grade and widened. He again stated he is just waiting for agreements to be reached between him and the town.
In response to Ms. Silvia's question of what the commission does if the improvements do not work out, Bechtel stated the commission takes under advisement everybody’s input and put conditions on approvals that gives the commission some security in a successful completion. Day stated that any of the areas being discussed are outside of the 100’regulatory wetlands review area and therefore are not necessarily a wetlands concern.
DIANE WOOD THOMAS – 8-1 KIMMICK ROAD
Ms. Thomas stated she currently owns a vacant piece of property where she plans to build a home. She noted there was a stream on her property that has filled in over the years and suggested that digging it out and replacing the rocks along its side might eliminate some of the water problems.
Bob Day pointed out the approximate location of her property on the map for the commission members.
Bechtel asked if the pipe that is being upgraded enters directly onto this property. Day stated he would review this situation.
Brown asked the applicant if he could provide the commission with a drainage map to show exactly where the water is going and not going. Day stated he would provide that information at the next meeting. Brown also asked Mr. Day to forward a copy of the preliminary map he used before the commission this evening. Day agreed to do that.
The public hearing will be continued until February 26, 2008.
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January 23, 2008
HILLTOP DEVELOPMENT, LLC – PERMIT TRANSFER (New Business)
Attorney Cronin stated the applicant had received a Special Exception Permit from the Old Lyme Zoning Commission for this multi-family project. He noted the property was not developed and the permit has expired. Cronin stated the applicant has submitted a new application to the Zoning Commission. He noted Ann Brown suggested the applicant also receive permission for a permit transfer from this commission. Cronin stated after reviewing the regulations and the actual transfer he is not sure this is a requirement because the original applicant was Hilltop Development. He stated Hilltop Development did not own the property at that time but has since acquired legal title to it. Therefore, he stated all that is here is a transfer of ownership of the property. Cronin stated there is no sale transfer
or assignment of the original permit and that original permit was given to Hilltop for a period of five years. Cronin stated he assumes that the Zoning Commission will refer their application to the engineer and those issues will have to be dealt with. Cronin stated the applicant is not proposing to do anything under their new application that they do not already have approval under their existing permit. He stated that if there were changes then the applicant would have to come back to this commission for an approval.
Bechtel stated she was not sure about permit transfers and would be deferring this question to both Ann Brown and counsel for their input. She further stated one of the reasons that she took a second look at this application is because it generated an engineers subsequent review and a number of E & S control additions and modifications came back on this plan. Therefore, she felt the number of comments were significant enough for her to want to review the plan to see if they could be incorporated which would only make it a better plan. Bechtel stated that Cronin has explained that on a technicality she is not allowed to take a look at this plan or make those requests. Cronin stated it was not really a technicality because this whole project and activity was subject to a public hearing
review and therefore we currently have an existing permit and have five years to complete the project. Cronin stated the applicant is not asking to do anything that he does not have a present permit for at this time. Cronin stated the commission has taken it upon itself to refer it to an engineer who has come up with a whole new series of ideas and he does not feel the applicant has any legal obligation to do any of those.
Brown suggested this matter be referred to counsel. She further stated if the Zoning Commission requires modifications to their approval because it has expired then the applicant would be back before this commission under those circumstances.
Bechtel concluded by stating that if town counsel states the permit is good and the ownership has not changed then fine. However, should the Zoning Commission does make a change, than the engineer’s review outlining some concerns with plan would be able to be addressed. Cronin stated he has no issue with the majority of those items outlined by the engineer.
POINT O’ WOODS, CONSTRUCTION OF A NEW SANITARY SEWER SYSTEM WITHIN THE REGULATED AREA
Bechtel made a statement on behalf of the commission “any discussion, approval, denial or conditioning of this application is not an endorsement of this project by this commission but will be a result of the IWWC’s statutory review and will be decided 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."
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January 22, 2008
Robert Prybylo of RFP Engineering presented the application on behalf of the Point O’Woods Association (POW) and provided the commission with proof of mailing receipts for the public hearing.
Prybylo gave a brief overview of the project. He stated that Point O’ Woods is a private beach association in town comprised of about 425 properties. He stated that in 1998 there was a beach closing that was prompted by high bacterial counts which prompted a study to be undertaken by the POW to investigate what the probable causes was and to determine what might be a possible solution to prevent it from happening in the future. He stated a study was conducted by Consulting Environmental Engineers and this was a comprehensive wastewater plan that was conducted under the purview of the Department of Environmental Protection. He stated this report was published in 2002 and ultimately recommended that POW install a sanitary sewer system to convey its waste to the regional sewer system serving
East Lyme, Waterford and New London. He stated the report looked at a number of alternatives and concluded that POW was contributing pollution to Long Island Sound, which was primarily because of the magnitude and intensity of the development within POW.
He stated the DEP accepted that report and shortly after issued a consent order for POW to build and move forward with the recommendations of that study. He stated since 2002 they have been actively engaged in pursuing this project. He stated his reason for presenting this overview was to reinforce that POW was not undertaking this project lightly, there is a demonstrated need, and that this is a very expensive project for them and that they are footing 100 percent of the bill. He further noted that POW is under order by the DEP to move forward with this project.
Prybylo stated there are two aspects of the project that fall under the purview of this commission. The first is the construction of the wastewater pumping station that is located on property owned by the POW association and is used as their maintenance area. He stated that the wastewater pumping station will essentially fill the installation of a 10 foot diameter (an oversized manhole) down to a depth of about 22 ft. He stated in the manhole will be two pumps and those pumps will ultimately transmit all of the flow from POW to the Town of East Lyme. He stated the proposal also includes a 10 x 16 precast control shed building adjacent to the structure. He stated the shed will house all of the controls and electronics associated with the operation of the wastewater pumping and storage for
parts. He stated the pumping will operate unmanned and will have plenty of controls including instruments and alarms should there be a problem. He stated there will also be a generator at the site should there be a power outage.
He stated there would be a short-term impact during construction when the contractor de-waters the excavation associated with the wastewater pumping station. He stated that would involve excavation in the order of 22 to 24 ft. He stated the contractor will be required to pass all the water through a sedimentation control basin to make sure all the solids are trapped and not passed through to the surface water. The discharge will go into a culvert, which is located just off the property, which currently carries through the intermittent stream, which is on the abutting property, out to the Three-Mile River. He stated there are no grade changes proposed. He stated during construction a silt fence will be installed along the down slope to prevent any surface run-off from entering into the
wetland.
The second area of impact is the installation of 6” diameter pipe that carries the sewage from the pumping station underneath the railroad tracks onto Route 156 and to the East Lyme/Old Lyme town line. He stated that pipeline is roughly 1 mile/5,400' long and 2/3's of that will be installed within the 100-ft. upland review zone.
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January 22, 2008
He stated all of the pipeline will be constructed within the DOT right-of-way. There is no private property involved. He stated about 800 ft. of the pipe will be off the pavement and 75% will be under roadway pavement. He noted a DOT permit will control all of this work. He stated during installation typically what happens is the backhoe scoops out the dirt from the trench and loads it onto a truck and then the truck pulls forward and lays the pipe and the truck comes back to redeposit the fill back into the trench and temporary pavement is put down as they move forward, therefore there will be no need for stockpiling of materials. He stated test borings were done in the spring of 2007 and encountered groundwater intermittently. He stated the work is scheduled to take place in the summer months. He stated Mr. Metcalf has reviewed the application and came up with a number of comments and he had responded to those comments. Prybylo stated as a result of this he had received a
letter back from Mr. Metcalf indicating his satisfaction that the comments had been addressed. He also noted he has received approval from the Town of East Lyme for their portion of involvement. He also reported that it has been agreed that a pre-construction meeting will take place prior to any construction.
Mr. Prybylo summarized by stating that the project is required by the Department of Environmental Protection and noted during the wastewater management study phase of the project all alternatives were studied and the DEP was satisfied that was done and this proposal reflects the most cost effective long-term solution available. He further stated that although there will be some impacts sustained during construction he feels that they will be restricted to that construction window and following construction there will be no long-term impacts associated with this work.
Bechtel stated the commission conducted a site walk on December 8, 2007. She noted on the 12/22/07 Mr. Metcalf issued a project review letter to the commission. She stated that engineer Prybylo responded to that on 1/2/2008 and Mr. Metcalf issued a letter on the 1/15/08 to this commission stating that the information submitted by the applicant has satisfactorily addressed his December 22, 2007 comments. She stated Mr. Metcalf has brought up a number of conditions in his 1/15/08 letter that he feels should be attached to any approval of this project.
QUESTIONS:
24 WILDWOOD DRIVE
Mr. Migatz asked where the pumping stations were located. Mr. Prybylo stated there are three pumping stations within POW, however only one comes under the purview of this particular application. He asked if any were located on Route 156. Mr. Prybylo indicated there were not.
MERVIN ROBERTS – DUCK RIVER LANE
Mr. Roberts stated that everything that was said and recorded during the hearing had some errors in it and he would like to bring it to the attention of this commission. He stated that the Town of Old Lyme rejected the CEE Report (Consulting Environmental Engineers). He also stated Nathan Jacobsen, engineers for the Town of Old Lyme, said there was no pollution in the Town of Old Lyme. He stated in addition there was a remark about something that happened in the town about 10 years ago concerning beach closure. At that time, the sanitarians made it clear to the WPCA (on several occasions that the beach closure occurred immediately after somebody (at the Mattabesett sewage treatment plant in Middletown) opened the valve and it took a couple of days for that slug of pollution to work its way down on an outgoing
tide in Long Island Sound and that was the source of the pollution referred to in the hearing. He requested his comments be made part of the record countering the overview.
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January 22, 2008
Mr. Roberts stated that the Town of Old Lyme has a Sewer Avoidance Ordinance on the books. He then asked the commission who enforces that Ordinance. Bechtel stated she was not able to answer that question but suggested that the WPCA would be the one. Roberts stated it seemed to him that if a sewer was being installed in the Town of Old Lyme in violation of the Sewer Avoidance Ordinance the question should be answered. Linde stated he felt the Selectmen should be contacted. Roberts stated that was a good place to pass the buck. Linde stated it was not under the purview of the commission and if the Selectmen were not the persons that should be involved, they should be able to point you in the right direction.
DIMITRY TOLCHINSKY:
Mr. Tolchinsky asked what the timeframe would be from the start to the finish. Mr. Prybylo stated the current schedule is to begin construction during the summer of 2008 and it is a 24-month construction period. Tolchinsky asked about the hammer laws in POW in the summertime. Mr. Prybylo stated he is optimistic that the POW Association will suspend the hammer law for the purpose of this project.
Robb Linde asked how long the construction will be in the review zone. Mr. Prybylo stated it is approximately 100 ft a day of production over Route 156. Linde stated then it should take no more than 3 months. Linde asked about the pumping station. Prybylo stated the pumping station should take about 3 months also from start to finish.
Linde asked what the impact would be in the event of mechanical failure. Prybylo stated if there is a mechanical failure alarms would go off. He stated in the worst case if there was no response, the pipelines would back up and would ultimately find the lowest house in the system and it would backup through that home's fixtures.
McCulloch asked how many houses would use the system during the winter months. Prybylo stated the best estimate he has is that roughly 10 percent of the homes in POW are year round. McCulloch asked if they would provide enough material to move through the pipeline. Prybylo stated the system is designed to work. He stated the material will stay in the pipeline a little longer going to East Lyme but that would be the only impact.
Ann Brown stated a resident asked her today if there would be any impact on the proposal from Hurricane Inundation Maps that are different from our normal flood maps. Prybylo stated eleven feet elevation of is the flood surge elevation. McCulloch stated a Category 5 hurricane is about a 20-ft. contour in that area. Prybylo stated if there is that kind of an issue (Category 5 hurricane), the pumping station would be the least of the concerns. He stated with that type of flood surge it would flood out about 25 percent of the properties in POW. Brown asked if the facility would be damage by the floodwaters. Prybylo stated this station is above the requisite elevation that needs to be complied with to meet DEP requirements which is the 100 year storm surge elevation and they are not
required to design to a Category 5. He did state that if a Category 5 hurricane were to happen, the system would be underwater and it would damage the controls. Brown asked if the controls could be installed above that elevation. Mr. Prybylo stated that could not be easily done and it would take a large amount of fill.
Linde asked how long does it take for the system to fail and if the usage were to double in the area does that endanger the wetland in anyway. Prybylo stated he thought there would be several hours before there would be a basement flooding. He also stated, when there is a power failure house usage would be reduced. He also did not feel an increase in usage would impact the system.
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January 22, 2008
Moran asked what would happen if the Bride Brook Pumping System had a failure. Prybylo stated the system would have to be by-passed to the next pumping stating.
CAROLINE MACKEY – 411 SHORE ROAD
Mackey expressed concern about the location of her well to the sewer pipes. She asked if blasting would need to be done. Prybylo stated based on the information from the borings he did not feel there would be any blasting. Mackey asked if there is blasting would she be notified and if damage occurs what is her recourse for those damages.
Linde asked if there would be any effect on the wetland from blasting. Prybylo stated he did not feel there would. Linde stated this commission has to concern itself with the wetland.
Prybylo stated there is a lot of rock at POW and if blasting needs to be done there will be a pre-blast survey conducted on the properties. Therefore pre-existing conditions will be documented as well as post conditions. He stated the contractors are required to carry more than adequate insurance to cover any damage claims that may result.
Mackey asked if access would be obstructed onto Route 156. Prybylo stated that DEP will require that the road be passable at all times.
Bechtel suggested that she and her neighbors start documenting when blasting is done in the area.
Mackey asked if she would be required to hook up to the sewer. Prybylo stated this system is a pressurized force main so homes cannot be added to it. Mackey asked if there would be an odor associated with the system. Mr. Prybylo stated he is not anticipating any but there is a provision being built in the event there is an odor problem.
Roberts stated that the charter for the POW specifically states that the association does have the right to sewer.
JOHN ALEXANDER – LORDS MEADOW LANE
Mr. Alexander asked what provisions there were for a breach in the sewer line in terms of its effect on the wetlands. Mr. Prybylo stated there are no provisions for that because the ductileiron pipe, which is used, has an extra heavy duty wall.
Linde asked what type of pressure is running through the pipe; Prybylo stated about 70 or 80. McCulloch asked what is the lifespan of the pipe; Prybylo indicated it was about 50 to 60 years.
Bechtel asked if there were maintenance provisions and inspections in place. Prybylo stated he was not aware of any. He stated that would be handled through POW, which will ultimately be the owner of that pipeline.
O’Donnell asked if the flow rate would be measured, which might indicate a problem if there was a change. Prybylo stated there will be an accurate flow meter, which will measure the amount leaving POW. O’Donnell asked if there were any provisions for a manual pump-out of the system if needed. Prybylo stated all the stations at POW have by-pass pumping connections so that if lightning struck and the entire guts of
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January 22, 2008
the station were fried they could lower wet wells to allow it continue to pump manually downstream until the station could be brought back on line. O’Donnell asked how long these systems have been operating. Prybylo stated these systems have been in existence since the late 1800’s.
McCulloch stated that currently the water supply in that area is being recycled, i.e. the water is used, put into a septic system, it gets filtered and cleaned up and goes back into the groundwater. Therefore, what is being proposed will possibly dewatering that area. McCulloch asked if some sort of gross calculation has been done of renewal of groundwater by rate versus how much will be pumped out? Or, will there be a serious effect on groundwater levels? Prybylo stated he did not figure that particular analysis. He stated that POW is the tail end of the groundwater before it enters Long Island Sound so it is recharged by land areas all the way upstream. McCulloch stated there is a lot of high topography in that area.
Linde asked for an estimate of how many gallons per home per day are used. Prybylo stated approximately 250 gallons per home per day.
McCulloch stated rainfall would also be a factor. Prybylo stated he was not aware of other systems creating a problem in this regard.
Linde stated from what was described of the ability of that soil to filter the water he certainly hopes they are not drinking that water.
McCulloch said that is what they have been drinking.
JOHN SICURANZA
Mr. Sicuranza asked if there have been any studies on de-watering. Mr. Sicuranza expressed concerns about groundwater supply when the 250 gallons per home, per day are not going back into the ground. Mr. Prybylo stated there has not been a study.
JOE WREN
Mr. Wren asked what was proposed for de-watering in the trench due to its close proximity to the wetlands. Mr. Prybylo stated that typically the contractor installs a pump in the downstream end of the trench and he dewaters until he has to move the pump.
There were no further questions from the public or the commission members.
Janet Bechtel made a motion to close the public hearing. Evan Griswold seconded the motion. The motion passed unanimously.
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January 22, 2008
OLD BUSINESS
#07-31 TIMOTHY LONDREGAN – 1 HUNTLEY ROAD – CONSTRUCTION OF AN OFFICE BUILDING
Joe Wren, Professional Engineer, was present to represent the applicant, Huntley & Halls. Wren gave an overview of the progress of the application and reviewed the site plan with the commission. Wren stated the major change is that in the original proposal, the actual building extended significantly closer to the wetland area and in that proposal a lot of the mature trees on the site were being lost. He stated the current proposal has rotated the building around and given it an interesting shape, which has allowed for more trees to remain on the site. Wren stated that all the changes made to the plan since the last meeting are relatively minor and that a lot of the technical comments from Mr. Metcalf, as a result of the zoning review, have been incorporated. Wren also stated he has addressed
all of Ms. Goodfriends comments. Wren stated he submitted a new report from Soil Science and Environmental Services, which included a new landscaping plan. He stated this was generated from Mr. Metcalf’s response. He noted the plan does include a planting plan which the commission reviewed.
Bechtel stated this plan includes a very good stormwater area maintenance requirement plan with nine items, one of which states that invasive plants will be removed. She further stated she planned to use this stormwater area maintenance plan in the future. Bechtel stated Mr. Metcalf’s letter dated January 21, 2008 provided guidelines for conditions of approval. Wren stated that in Metcalf’s letter of 1/21/08 he does indicate he is satisfied.
Brown stated that Wren's comments to Zoning suggested that one driveway is in and one driveway is out. Brown asked if the Zoning Commission approves the plan with one way driveways with that have any impact of importance to the wetlands commission? Wren stated both the entrance and exit that are proposed are outside of the 100-ft. review area. He also stated he would recommend against that because of there maybe in the building different types of uses and the portico is for a medical type of use, therefore the entrances would be for different sides of the buildings. He also noted you always need to go counterclockwise to drop a passenger off on the right-hand side through the portico area.
McCulloch told Mr. Wren that he presented a very nice plan. Bechtel agreed and stated that Mr. Wren has been concise, to the point and very responsive. "It has been a delight working with you". She further stated there are a number of points pertaining to this particular plan that, she plans on incorporating into future conditions of approval, and demanding that we see from other engineers.
Bechtel submitted a summary of the background information of the project in writing:
At a regular meeting of the Old Lyme Inland Wetlands and Watercourses Commission held on 5/22/07, Don
Lucas, PE, representative for the applicant, came before the commission to discuss a preliminary application
for a medical office building; commission input was given. At the next regular meeting on 6/26/07 the
Application of Timothy Londregan (#07-31) was received under new business and a site walk was scheduled
for 7/12/07. At the following meeting held on 7/24/07 the application was tabled to the 8/28/07 regular
meeting at the applicant's request. On 8/28/07 new drawings were presented reflecting a use change to office
building; specifically, the construction of a 14,600 sq.ft., two-story office building (9,000 sq.ft footprint), a
paved parking lot with 75 spaces, a subsurface stormwater detention facility and a riprap swale for roof
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January 22, 2008
runoff. Those drawings were forwarded to the town's consulting engineer, Tom Metcalf, and natural
resource specialist Wendy Goodfriend at CRCCD, who conducted her own site visit on 9/7/07 with ZEO,
Ann Brown, and IWWC, Chairman, Janet Bechtel. In addition, commission members requested wetland
boundary re-flagging and building/construction footprint staking so that an additional site walk could be
held.
That site walk was held on 9/24/07 at which time the applicant presented new drawings. At the following
meeting held on 9/25/07, Atty. Londregan, representing the applicant, and Don Lucas, P.E. responded to
review comments submitted by W. Goodfriend. The commission requested that a field survey be conducted
to verify the elevations as indicated on the site plan. On 10/23/07 the applicant, Tim Londregan and his
architect, Christian Dinkeloo presented new plans and additional site comparison sheets and indicated they
would be forwarding additional details to T. Metcalf in the next week or so for his review and comments.
On 11/2/07 the new consulting engineer, Joseph Wren, PE, Indigo Land Design, LLC, requested a meeting to
discuss this project further. That meeting was held on 11/5/07 at 10am. In attendance were W. Goodfriend,
T. Metcalf, J. Bechtel and J. Wren. WEO/ZEO A. Brown arrived after the meeting and was briefed by
Wren. New plans were submitted on 11/21/07 and discussed at the 11/27/07 IWWC meeting. The applicant
agreed to grant an extension to the next regular meeting to be held 1/22/08. (No December meeting). Prior to
that meeting the applicant's engineer, J. Wren met with the town's consulting engineer T. Metcalf. As a
result of that meeting and additional input, further revision dated1/15/08 were submitted.
After review of the information presented before this commission and a through evaluation of the following documents;
- 5/22/07 regular meeting - preliminary application for medical office building
- 6/26/07 regular meeting - application #07-31 for day care facility received
* Site Plan dated 6/25/07, 'SD1.01'
- 7/12/07 Site Walk. 6:15 pm
- 7/24/07 regular meeting - application was tabled to the 8/28/07 meeting at the applicant's request
- 8/28/07, regular meeting - materials presented:
* Connecticut General Statutes, CGS §22a-41(d) (factors for consideration)
*Connecticut General Statutes, CGS §22a-36 (legislative findings)
* Environmental Assessment Report submitted by Soil Science & Environmental Services, Inc. dated 8/27/07
* Site Plan dated 8/28/07, 'SD1.00'
* 65 day extension granted by applicant
* Stein Survey revised through 8/1/04 titled, Division Map of land of Davis Pond Tract Limited Partnership
- 9/07/07, Site Visit, 9am - W. Goodfriend, CRCCD, A. Brown, ZEO, J. Bechtel, IWWC Chairman
- 9/12/07 - project review by W. Goodfriend, Natural Resource Specialist, CRCCD, based on site plans dated 8/28/07 and site visit dated 9/7/07.
- 9/19/07 letter from Kenneth C. Stevens, Jr. SS& ES, Inc., re; re-flagging & depth of water
- 9/21/07 letter from T. Metcalf, PE, LS, consulting engineer, regarding review of site plan dated 8/28/07
IWWC 1/22/08
- 9/21/07 letter from Jennifer L. Beno, biologist, SS & ES, Inc. dated 9/4/07 re: buffer replanting plan
- 9/24/07 Site Walk - 5:45 pm
- 9/24/07 Site Plan dated 8/28/07, 'SD1.01-S' revised to 9/24/07
- 9/25/07 regular meeting, letter submitted from Kenneth C. Stevens, Jr. Registered Professional
Soil Scientist, SS&ES, Inc. re: response to Goodfriend
Page 12 – Minutes
January 22, 2008
- 10/19/07 Site Plan dated 8/28/07, SD1.01.S' revised to 10/18/07; sheets SD1,01-S, SD1.03-SS, SD1.04-EC, and Topographic Survey, James Bernardo, L.S., dated10/11/07
- 10/20/07 letter from T. Metcalf, PE, LS, regarding 10/19/07 meeting with D. Lucas, P.E. for applicant
- 10/23/07 regular meeting - materials presented:
* Site Plan Comparison, Building, sheet SC1.01,dated 10/23/07
* Site Plan Comparison, Temporary Disturbance, sheet SC1.02, dated 10/23/07
* Site Plan Comparison, Existing Trees, sheet SC1.03, dated 10/23/07
11/05/07 meeting, Joe Wren, P.E. applicant's new engineer, Tom Metcalf, PE., Wendy Goodfriend, NRS,
Janet Bechtel, IWWC
- 11/07/07 letter from T. Metcalf, PE, LS, as follow-up to meeting, regarding new plans to come
11/21/07 *drainage calculations submitted by Joe Wren, PE: rooftop infiltration system, stormwater
management area
*Site plan dated 11/16/07 by Indigo Land Design, LLC, Joe Wren, PE, sheets SDP-1, D-1, D-2
* Topographic Survey of 1 Huntley Rd, by J. Bernardo L.S. dated 10/11/07, revised through
11/20/07
11/26/07 - project review by W. Goodfriend, Natural Resource Specialist, CRCCS, based on new site plan
dated 11/16/07
- 11/27/07 - letter from T. Metcalf, PE, LS, re: review of site plans submitted 11/21/07. Not yet complete.
- 11/27/07 - regular meeting
1/10/08 - letter dated 12/19/07, Jennifer L.Beno, Biologist, Soil Science and Environmental Services, Inc.
to J. Wren, PE re: replanting plan
- Site Development Plan, SDP-1 dated 11/16/07 revised to 11/30/07
- Septic System Design Plan, S-1, dated 12/27/07
- 1/21/08 - letter from T. Metcalf, PE,LS, re: review of site plan sheets (six) revised to 1/15/08
1/22/08 - drainage calculations dated 11/17/07 revised 1/15/08: rooftop infiltration system & stormwater
management area
- Site plans dated 11/16/07 revised to 1/15/08 six (6) sheets:
Site Development Plan, SDP-1; Landscaping & Lighting Plan, LP-1; Septic System Design Plan,
S-1; Construction Details D-1 and D-2, E & S Control Notes and Details, D-3.
and 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:
Bechtel made a motion to approve with eleven (11) conditions the application of Timothy Londregan,
Huntley and Halls, LLC.
Conditions of Approval:
1. The applicant's consultant is to submit an E & S Control Bond estimate, securing the protection and
restoration of the on-site wetlands for review and approval by the Commission. This Bond is to be held by the IWWC.
2. The applicant's consultant is to submit a Replanting Bond estimate, securing the planting, maintenance and replacement (if necessary) of the buffer plantings and landscaping noted in Jennifer Beno’s 12/19/07 letter and depicted on Dwg. No. LP-1, dated 11/16/07, revised 1/15/08. As this replanting plan pertains to water quality issues, which ultimately relate to the protection of the adjacent wetlands, this bond is to be held by the IWWC until the plantings have been established to the satisfaction of the Commission.
Page 13 – Minutes
January 22, 2008
3. A representative from Soil Science and Environmental Services, Inc. or other environmental consultant acceptable to the Town should monitor the placement of plantings and provide verification to the Commission that the plantings have been placed in substantial compliance with the approved plans.
4. Prior to construction, the contractor shall arrange a pre-construction site meeting with the owner, project design engineer, Wetland Enforcement Officer and an independent 3rd party, satisfactory to the Old Lyme IWWC and the Town, (to be hired at the applicant's expense), to monitor all aspects of the E & S controls, to review the project, to conduct necessary site inspections and issue a status report to this Commission, it's agent and the Town prior to the IWWC monthly meetings.
5. Clearing limits must be field staked by a licensed land surveyor and inspected by the Town's consultant prior to any clearing (see #4 above). Additionally, silt fencing must be placed prior to any site disturbance.
6. An as-built plan prepared by a licensed land surveyor showing as-constructed improvements within the 100 ft. regulated area must be submitted for review by the Town's consultant (see #4 above).
7. There shall be no foundation footing drain outlet within the 100 ft. wetland regulated area.
8. The design engineer shall monitor installation of the stormwater drainage system and provide verification to the Town's consultant that the installation has been constructed in substantial compliance with approved plans (see #4 above).
9. If these plans change as a result of reviews by other agencies, commissions or individuals, revised plans
must be forwarded to the IWWC and the WEO to determine if additional review by the Commission is
necessary.
10. The Stormwater Management Area Maintenance requirements on Dwg. No. D-3, dated 11/16/07, revised to 1/15/08, are included as part of this condition of approval (see below).
The property owner shall be responsible to maintain the Stormwater Management Area (SMA) and the drainage system as follows:
1. The SMA shall not be mowed. All plantings shall be trimmed as needed and maintained in a healthy condition and replaced if necessary.
2, Any trash, debris or sediment shall be removed from the SMA a minimum of two (2) times per year and disposed of properly off-site.
3. The SMA shall not be filled or modified.
4. All weeds and any invasive plant growth shall be removed from the SMA and disposed of properly.
5. No pesticides or fertilizers shall be used in or around the SMA
6. All catch basin hoods and sumps shall be cleaned twice per year preferably in March and September.
7. All drainage pipes, inlets and outlets shall be kept free of debris and in operable condition.
8. Any erosion along the banks of the SMA or at any drainage outfalls shall be adequately repaired in a timely manner.
9. The SMA should drain completely within 24 hours after a rainfall event. If the basin appears to drain more slowly over time, the bottom of the basin shall be cleaned of any accumulated sediments, detritus and/or debris.
11. A minimum of two (2) sets of complete final plans and specifications, appropriately signed and sealed by the project engineer(s) and others, shall be submitted to the Commission. The two sets will enable one set for field use and one set for the permanent file.
Page 14 – Minutes
January 22, 2008
Robb Linde seconded the motion. The motion passed unanimously.
#07-45 BEDRI BABASULI – 20 GRASSY HILL ROAD – PROPOSED DRIVEWAY CONSTRUCTION TO PROVIDE OFF ROAD PARKING AND SEPTIC SYSTEM REPAIR.
Bechtel noted the application for Bedri Babasuli has been formally withdrawn at this time.
OTHER BUSINESS
REGULATION REWRITE
Bechtel stated she hoped everyone had received the regulations via email. She noted she would continue to take comments from the commission members to incorporate those changes into the regulations. Bechtel also noted that based on the last DEP workshop she attended a number of vernal pool pieces of information have been added to the document.
FMTM PERMIT APPROVAL CLARIFICATION
Bechtel stated the reason that FMTM came up is because there have been a few telephone calls to her at home pertaining to how the roadway is being constructed. She submitted a document, which contained the background on the application and the conditions of approval that this commission put on the application.
Bechtel stated that Page 2 pertained to the time when Mr. Martone appeared before the commission and requested relief from phasing on the clearing. She also noted that he requested the delay of asphalt of the private road, but Mr. Metcalf did not approve that. She stated the commission approved Mr. Metcalf’s review letter and modified the original permit. She stated she has visited the property and noted the commission’s requests for reports on the drainage structures going in is not being strictly enforced. Therefore, she stated she would like to request that an independent third party satisfactory to the Town of Old Lyme be hired to monitor the site and report back to the commission. She also noted that she would like the submission of as-built plans of the driveway and the associated
drainage. She stated she mentioned to Ann Brown her concerns and that she wanted to reinforce the conditions that were put on this application. She further noted that Mr. Martone is not aware of this concern. Brown stated she would follow-up with Mr. Martone.
ADDITIONAL ITEM
Robb Linde (as a member of the public requested an additional agenda item) regarding Lords Woods Subdivision.
Dave McCulloch made a motion to amend the agenda to include Mr. Linde’s item. Evan Griswold seconded the motion. The motion passed unanimously.
Mr. Linde stated last week he received in the mail a post card outlining the Lords Woods Development. He stated it was sent by a real estate agent showing a schematic of the development. Mr. Linde stating this drawing specifically shows the roadway past the cul-de-sac, which this commission has specifically said it does not want.
Ann Brown stated this commission asked the Planning Commission that this roadway not be allowed. Mr. Linde stated since the beginning of the application he had given testimony that this be removed from the
Page 15 – Minutes
January 22, 2008
drawing so as not to give the impression it has been approved. Mr. Linde asked that this commission submit a letter to the Planning Commission reiterating the concerns this commission had about this road. He further stated he would like it in the record as often as possible that this has not been approved and is something this commission did not support.
Brown stated the Board of Selectmen has stated they would not support accepting this as part of the road system. She noted this is drawn as a separate parcel under the ownership of the developer and the only improvements on it were to be the shared driveways that extended into the area.
Bechtel stated that Mr. Linde would specifically like this commission to issue another letter to the Planning Commission as well as the First Selectmen. Mr. Linde stated he would like this as part of the record because at some point in time it will come before this commission again and if there already is a huge record of this not being specifically removed from plan it could make it very difficult to deny such an application in the future. Therefore, he feels this commission needs to be explicit as often as possible in saying that not only was it not approved but also it was specifically recommended against having that on the plan. Bechtel asked if it would make the most sense to pull the information here but also get the information from both Planning and the Board of Selectmen and put it together in a
letter that gets put in the Lords Woods file. Linde stated he felt that would be great and would demonstrate a unified position of the town against that particular road. Linde urged the town to protect their interests. Bechtel stated she would work on pulling that information in an attempt to get it into one place. Linde also offered to bring his concerns before any of the other commissions.
Mr. Alexander reinforced Mr. Linde concerns and thanked the commission for all their efforts.
Respectfully submitted,
Kim Groves
Land Use Administrator
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