INLAND WETLANDS AND WATERCOURSES COMMISSION
PUBLIC HEARING & REGULAR MEETING
FEBRUARY 26, 2008
PRESENT WERE: Janet Bechtel, Robb Linde, Don Willis, Mike Moran, Skip DiCamillo, Dave McCulloch, Evan Griswold, and Sabine O’Donnell. Also present were: Ann Brown, Joe Wren, Kim Groves, Matt White, Dimitry Tolchinsky, Bob Chapman and John Alexander.
The Chairman called the meeting to order at 7:30 p.m.
MINUTES OF MEETING DATED JANUARY 22, 2008
Bechtel made a motion to approve the minutes as submitted. Skip DiCamillo seconded the motion. The motion passed unanimously.
OLD BUSINESS
#08-01 – APPLICATION OF STEPHEN & MARY JANE DIX – 2 COULT LANE – EXPANSION OF A DECK
The applicant was not present at the meeting. Ann Brown noted that she was not sure he was aware he needed to be in attendance. The commission agreed to set a site walk for Saturday, March 15, 2008 at 10:00 a.m.
#08-02 APPLICATION OF TIMOTHY LONDREGAN – HUNTLEY & HALLS, LLC – 1 HUNTLEY ROAD – INSTALLATION OF A DRY HYDRANT
Bechtel stated this commission approved this application with conditions at the January meeting only to have the applicant be informed by the Fire Chief that they needed some degree of fire suppression on the plan. Bechtel noted that the applicant had originally been told by the Fire Marshal that he did not need to include fire suppression on the plan. Bechtel stated therefore, the applicant is back before the commission for the installation of that particular item. Joe Wren, agent for the applicant, stated that the project was recently approved by this commission, however, he reported that on the onset of the project back in November he contacted the Fire Marshal in regards to the need to have any type of fire suppression on site and was told at that time by Mr.Roberge that none would be required.
He further reported, since that time, the Fire Chief, Dave Jewett, reviewed the application and stated he would like to see fire suppression. Wren stated he then spoke directly with the Fire Chief and just today was faxed the detail of the structure for the site. He stated it is a simple structure consisting of a 2200 gallon drywell, which will be placed below the water table. He stated there will be placed clean, crushed, stone around that area to filter the groundwater as it comes into the dry hydrant. He stated there is a manhole access above that. Wren stated that since he just received the detail from the Fire Chief today he still needs to locate it on the site plan that was approved by this commission. He stated the Fire Chief would prefer to have the connection 10 to 15 ft off of Huntley Road. McCulloch asked if road access was required to the standpipe. Wren stated they would actually bring the standpipe out to the edge
of the road.
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Ann Brown asked why it could not be placed directly in the pond, and Wren indicated he felt that would create more wetland disturbance.
The commission discussed other opportunities for fire suppression such as the Lieutenant River.
Bechtel reported to the members that she had received a letter from the Chairman of the Planning Commission stating that this is not the only instance of this occurring. She stated there is currently an approved (by IWWC) subdivision coming back to this commission because the Fire Department is requesting consideration of a firewell instead of the fire tank. Bechtel summarized the letter by stating the Planning Chair has proposed a meeting between members of the Planning Commission, Old Lyme Fire Department, Wetlands Commission and the Zoning Commission in early March so that all can discuss the Fire Department needs and requirements and the responsibilities of the IWWC Commission.
Bechtel stated that Mr. Wren has not paid a fee for this new application because it was unclear what the fee would be for this newly requested addition (fire well). Bechtel stated the fee for a modification of a previous approval is $25.00. The commission agreed the fee would be set at $25.00. The commission also requested that the applicant be current with the commission on all other outstanding fees.
#08-03 – APPLICATION OF GEORGE BLATCHFORD – 31 BOUGHTON ROAD – CONSTRUCTION OF A SINGLE FAMLY DWELLING
The representative for the applicant stated the proposal is for a small cottage on the site that would be in harmony with the existing neighborhood. The commission reviewed and discussed the proposal and set a site walk for Saturday, March 15, 2008 at 8:30 a.m.
#08-04 APPLICATION OF ROBERT CHAPMAN – 63 SHORE DRIVE – CONSTRUCTION OF A SINGLE FAMILY DWELLING
Mr. Chapman noted the property is located in the Rogers Lake area. He distributed maps and photographs for the commission to review. He stated the property is approximately 6,300 sq. ft. He stated the proposal is to replace the house, which is currently on stilts, with a slightly larger footprint in order to get the bedrooms to a more usable size on the second floor. Mr. Chapman also noted there is a silt location shown on the plans that will contain anything that might runoff toward the water. McCulloch asked if the proposal would be for a full foundation. Chapman indicated that was correct. McCulloch asked if the septic system would need to be upgraded. Mr. Chapman indicated that was correct. Discussion ensued about the proposed septic location and
leaching fields. Griswold asked if the storage-shed location would change. Chapman indicated it would remain in its current location. The commission set a site walk for Saturday, March 15, 2008 at 9:00 a.m.
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February 26, 2008
#08-05 APPLICATION OF CHRISTINA GOTOWKA – 25 LIBRARY LANE – CONSTRUCTION OF A SINGLE FAMILY DWELLING
Matthew White, Angus McDonald & Gary Sharpe & Associates presented the proposed tear down and rebuild. He stated the majority of the property is tidal wetlands associated with the Duck River, however, there is a portion of land which has been identified as Inland/Wetlands. Mr. White pointed out on the plan that all of the proposed activity is within 100’ feet of the wetland and reviewed the proposed construction. He also noted that the house level needs to be elevated because of the flood zone. Mr. White stated that the proposal is to use the existing septic but as required by Public Health Code an area has been shown should a new system be necessary. He also noted because the proposal is encroaching into the setback area there is also an application with
the Zoning Board of Appeals. Mike Moran expressed concern about the existing shed and its contents that was recently constructed. White indicated that he thought the shed existed at the time his client purchased the property. Linde asked Mr. White if he could stake out the area of the decks so the commission could see the location in the field. Linde also asked Ann Brown to research the status of the shed on the property. Mr. White agreed to do so. The commission set a site walk for Saturday, March 15th, 2008 at 9:30 a.m.
PUBLIC HEARING
#07-35 – APPLICATION OF ROBERT L. DAY COMPANY, INC. FOR A WETLANDS CROSSING ON GRANDVIEW AVENUE
The applicant submitted a letter to the commission indicating that at this time, they do not have the necessary plans for their review and would like to formally withdraw their application.
OLD BUSINESS
#05-08 APPLICATION OF HILLTOP DEVELOPMENT, LLC – PERMIT TRANSFER
Bechtel stated that at its January meeting this commission received further comment from Nathan Jacobsen pertaining to a couple of items they would like to see adjusted on the application, at which time, the applicant's attorney, Mr. Cronin, reminded the commission that this was a straight permit transfer. Bechtel stated they deferred this question to the commission’s counsel who also agreed it is a straight permit transfer and therefore the commission cannot make any changes to the approval.
Bechtel made a motion to transfer the permit. Evan Griswold seconded the motion. The motion passed unanimously.
#07-49 APPLICATION OF POINT O’WOODS, CONSTRUCTION OF A NEW SANITARY SYSTEM WITHIN THE REGULATED AREA
On November 27, 2007, Robert F. Prybylo, P.E., RFP Engineering LLC, representing the applicant (POW), outlined the proposed work to be performed within the regulated area as part of the construction of a new sanitary sewer system. That work will involve the construction of a wastewater pumping station on POW-owned property and the installation of a 6" sewage force main within the state-owned right-of -way for Route 156 (Shore Rd) to the Old Lyme/East Lyme town border. A site walk was scheduled for 12/8/07, at which a quorum of commission members was present and voted to hold a Public Hearing at the next
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regularly scheduled meeting of the IWWC to begin on 1/22/08. ZEO/WEO Ann Brown followed-up with the necessary legal notices.
After review of the information presented before this commission at its regular meetings, the site walk, during the public hearing and a through evaluation of the following documents;
- 11/26/07 - application letter from R. Prybylo, P.E., RFP Engineering LLC to A. Brown, WEO
- 11/27/07 - Regular Meeting: New Business - application #07-49 accepted
- Site plan dated 11/20/07, 6 sheets: B-1, PP-1, PS-1, PP-24. PP-25. PP-26, PP-29
- 12/08/07 Site Walk
- 12/22/07 - project review letter from T. Metcalf to J. Bechtel, Chairman, IWWC
- 1/08/08 - response letter from R. Prybylo to T. Metcalf re: 12/22/07 review comments
- 1/15/08 - project review letter from T. Metcalf to J. Bechtel, Chairman, IWWC
- 1/22/08 - Regular Meeting- Pubic Hearing begins and is closed
… 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, Evan Griswold made a motion to approve the application with the following eight (8) conditions:
1. Not less than five (5) working days prior to the initiation of construction, the contractor shall arrange a pre-construction site meeting with a representative of the owner, project design engineer, Old Lyme
WEO and an independent 3rd party, satisfactory to the O.L. 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 and 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.
2. No water resulting from de-watering of any construction excavation/activity shall be discharged directly into wetlands or watercourses, within 100 feet of wetlands or watercourses, directly onto any ground surface, or directly into any storm water drainage system without being suitably pre-treated. Pre-treatment measures shall be proposed by the contractor, initially approved by the project engineer and submitted to the Old Lyme IWWC for approval.
3. Should project plans require modification due to review and input by the ConnDOT, those plans are to be resubmitted to the IWWC for further review and determination if modification of the permit will be required.
4. All soil stockpiles shall be appropriately maintained to minimize soil erosion and sedimentation.
5. The Commission's Permit Approval along with these conditions shall be made part of the project
Construction specifications.
6. A minimum of two (2) sets of complete final plans and specifications, signed and sealed by the project engineer(s) shall be submitted to the Commission. The two sets will enable one set for field use and one set for the permanent file
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7. The applicant shall post a separate Erosion & Sedimentation and Site Restoration Bond, specifically relating to the construction of the wetwell, manholes and associated pipe, securing the protection, and if necessary, the restoration of the wetlands and watercourse resources prior to any site disturbance or
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construction. This Bond is to be in addition to any bonding required by other commissions or agencies. The applicants' consulting engineer shall prepare and submit the bond estimate to this Commission for review and approval, no later than March 15, 2008. This bond is to be held by the IWWC.
All outstanding fees pertaining to this permit are to be paid in full by March 15, 2008 or this approval
will become null and void.
Robb Linde seconded the motion. The motion passed unanimously.
OTHER BUSINESS
REGULATION REWRITE
Bechtel asked if all commission members had received a copy of the regulations via email. Evan Griswold presented a proposed bill he received concerning riverfront protection. The commission discussed the proposed bill. Griswold stated this proposal outlines what buffer areas should be doing.
Linde stated he would like this commission to consider creating a no build area as well as increasing the footage of the review area. He stated he would also like to create language that mandates a buffer along the waters edge. The commission agreed to contact counsel to develop language that would accomplish this. The commission discussed the fact that state statutes prohibit the incorporation of language into their regulations that would prohibit activities in any portion of the 100’ ft zone.
The commission agreed to review the language and provide input for the areas they feel need beefing up and also the area where they feel the new language could be incorporated.
FMTM PERMIT APPROVAL CLARIFICATION
Bechtel stated she had spoken with Mr. Metcalf after the last meeting and asked that he visit the site. She stated he did, but did not submit anything formally. Bechtel stated the concern was that the subsurface roadway was not being installed properly. Bechtel stated Metcalf indicated he was much happier with the progress than the last time he visited the site. Ann Brown agreed to visit the site as well.
Bechtel asked Ann Brown if she had spoken to Mr. Martone. Brown indicated she had spoken with him and they discussed the need for an independent 3rd party evaluation. Martone indicated he thought he was able to fill this role, but Brown indicated that would not be appropriate because the commission expected it would be an unbiased person. Bechtel requested that Brown contact Mr. Martone and inform him that Mr. Metcalf will be the independent third party reviewing and requesting a report on the status of the roadway being installed and in addition. Martone will need submission of as-builts for the driveway and drainage to date. Bechtel also noted that Mr. Martone would be responsible for the payment of these reviews.
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LORDS WOODS SUBDIVISION
Bechtel stated that last month Lords Woods was added to the agenda because of a concern about the amount of erosion at the outlet of the drainage basin. She noted as a result of that, she contacted Mr. Metcalf and requested he visit the site. She noted as a result of that site visit, Mr. Metcalf issued a letter to Attorney Block, representative for the applicant.
Bechtel read a portion of the letter dated February 7, 2008 into the record. She also noted a copy of this letter was forwarded to B & L Construction to inform him of the work that needed to be done at the site.
John Alexander indicated no work has been completed to date. Alexander further questioned if the design capacity of the drainage basin had been reviewed to hand adequately handle the increased surface runoff. Brown stated she visited the site and spoke with Mr. Metcalf and he told her that he really believed that it was because of scouring and the fact that the grass had not grown that the erosion was occurring, rather than inadequacy of the level spreader. Bechtel asked what the best approach would be to get B & L out to the site. Brown stated she would contact Attorney Block, but the town could not order B & L out to the site. Bechtel asked Brown to contact Attorney Block and explain that the February 7, 2008 letter has not been addressed. Brown stated that the
commission does have an E & S Bond if necessary to repair the site. Bechtel asked if the Wetlands Commission is in a position to hire B & L to go out to the site. Brown stated this was possible but procedures need to be followed in order to do that.
Robb Linde stated he thought the commission still had the Cease & Desist Order in effect but it has just been suspended. Linde stated this was put into effect because the design on the site was different than what was actually built, therefore there may be the ability to leverage the Cease & Desist to make sure that the drainage is appropriate based on the as built.
Bechtel stated she felt the erosion that currently exists on the site should be dealt with immediately.
Bechtel asked if a motion should be made to take action should the erosion issue not be resolved in seven to ten days. She further stated in terms of the sizing of the drainage basin for this particular project she thought that when the commission went through the Cease & Desist/Show Cause Hearing and she asked Mr. Metcalf to review all of the plans that was part of it. She stated she would need to review her notes to be sure of that. Brown stated she would contact Mr. Metcalf who would know if the sizing of the basin was accurate.
Bechtel made a motion that if the owner has not dealt with the erosion problem and installed the erosion and sedimentation control structures within 7-10 days, then the Inland Wetlands Commission votes to authorize their agent and attorney to get the bond money to hire someone to install the E & S.
Discussion:
Brown also asked the location of the E & S. The commission stated they felt it was located in the open space. Brown indicated it would be a lot easier if the improvements that needed to be made were located in the open space rather than private property.
Griswold seconded the motion. The motion passed unanimously.
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FIRE TANKS
The commission discussed the memo from Harold Thompson to the Inland/Wetlands Commission, Zoning Commission and Fire Department proposing a meeting in an attempt to reach a common understanding of pertinent issues for and against the installation of both fire well (ponds) and storage tanks. A copy of the memo was forwarded to all commission members.
Respectfully submitted,
Kim Groves
Land Use Administrator
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