OLD LYME INLAND WETLANDS AND WATERCOURSES COMMISSION
PUBLIC HEARING AND REGULAR MEETING
TUESDAY, JANUARY 27, 2009
PRESENT WERE: Janet Bechtel, Robb Linde, Don Willis, Dave McCulloch, Sabine O’Donnell, Mike Moran, and Evan Griswold. Also present were Lee Rowley, Tony Hendriks, Ann Brown and Kim Groves.
Chairman Bechtel called the meeting to order at 7:30 p.m.
ELECTION OF OFFICERS
Evan Griswold made a motion to reinstate the existing slate of officers: Janet Bechtel, Chairman, and Robb Linde, Vice Chairman. Skip DiCamillo seconded the motion. The motion passed unanimously.
MINUTES OF MEETING DATED OCTOBER 28, 2008.
Evan Griswold made a motion to approve the minutes with the following correction.
Page 4 – Paragraph 2 – the sentence be added “The commission prefers to have a 10’ to 15’ buffer”. Robb Linde seconded the motion. The motion passed unanimously.
MINUTES OF MEETING DATED NOVEMBER 25, 2008
Janet Bechtel made a motion to approve the minutes as submitted. Evan Griswold seconded the motion. The motion passed unanimously.
MINUTES OF MEETING DATED DECEMBER 6, 2008
Janet Bechtel made a motion to approve the minutes as submitted. Robb Linde seconded the motion. The motion passed unanimously.
MINUTES OF SPECIAL MEETING DATED JANUARY 6, 2009
Janet Bechtel made a motion to approve the minutes as submitted. Robb Linde seconded the motion. The motion passed unanimously.
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ENFORCEMENT REPORT
McCulloch reported that he inspected the culvert down on Library Lane which connects to the Regional District 18 property. He stated there was a lot of silt coming through that culvert because of the large amount of rain. McCulloch reported that he contacted John Rhodes, Facilities Manager of Regional District 18 and he repaired the situation; Brown stated they also installed additional silt fencing and some filter fabric which has cleared up the problem.
McCulloch also noted that silt fences had been restored at the 25 Library Lane site because the neighbors were concerned. Brown stated the neighbors were really concerned about the house itself more than any site work. Brown stated the property owners immediately repaired the silt fence but noted that there is a certain amount of runoff that goes into the street because the yard is the street.
Linde asked if Brown had visited the site north of Route 1 between Grassy Hill Rd. and Old Stagecoach. Linde stated there is a tremendous amount of dumping going on in this area. Brown noted she has not visited the site but will do so.
NEW BUSINESS
09-03 – ESTELLA BESAW – 175 BOSTON POST ROAD – CONSTRUCTION OF PATIO AND STONEWALL
Brown stated that Ms. Besaw has submitted an application for the work that the commission inspected that had been completed without permits. Brown stated the property owner has picked up and cleaned the area. Bechtel asked Brown if she had visited the site since the commission walked the site. Brown indicated she visited the site today and there still are some construction materials on the upper part of the patio but the rubbish has been picked up and removed and the work is complete.
The applicant indicated the remaining material is frozen to the ground and will be removed when possible.
Bechtel suggested a completion date of the April 1. She also requested that Ann Brown inspect the site. Brown stated if there is any kind of thaw it would be completed by next month. Bechtel suggested that Ann Brown visit the site and report to the commission at the March 24th meeting. Bechtel also requested a picture of the property to verify that
there is no further encroachment towards the water. She also requested that the applicant leave whatever is currently lawn to allow that area to act as a filter for the lake.
The applicant also discussed some other improvements he would like to do on the property with the commission. The commission instructed the applicant to visit the Land Page 3 – Minutes
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Use Office prior to doing any further work at the site. This process would allow Ann Brown to make a determination if permits would be required.
Linde asked if the applicant intended to install a vegetative buffer. Bechtel stated after she walked the site it was clear that it was not an option. Linde also asked about the runoff. Brown stated the repair of the patio wall has helped correct that problem.
Linde questioned whether the commission could vote on the application this evening since it was only received tonight. Bechtel stated the commission does not need to vote on the application until the February meeting but the work is done; this was an enforcement.
Linde suggested that the commission wait until the March meeting to vote when they received a report from Ann Brown as well as a photograph of the site. It was also noted that the applicant does not need to be present at the March meeting.
09-05 JOSEPH CANCILLIERE – 62 GORTON AVENUE – DEMOLISH EXISTING STRUCTURE AND REBUILD PRIMARILY ON THE EXISTING FOUNDATION AND THE INSTALLATION OF A NEW SEPTIC SYSTEM.
Mr. Cancilliere stated the proposal is to demolish the existing structure and rebuild primarily on the existing foundation. He noted there are some small exceptions to the existing foundation which are shown on the survey map submitted with the application.
Cancilliere also stated that as part of this proposal he would like to replace the existing septic system which was constructed in 1982. He noted the system would need to be upgraded as a result of the additions in order to meet the current health code requirements.
Cancilliere mapped out the distances from the wetlands to the proposed system. He noted the closest point is approximately 10 feet. He stated the system will probably move a little bit further to the north. He noted the wetlands were mapped by a soil scientist. He also submitted photographs of the area.
Moran asked how large of a system was being installed. Cancillieri stated it would be approximately 90 ft. The commission reviewed the schematic of the system. Brown stated that many of the wetlands had been filled in that area. Cancillieri stated he thought the wetland was filled in 1982 when the initial septic system was installed. He noted he took ownership of the property in 1998 from his parents.
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Linde noted the commission would be walking the site and would like to see a stake where the field located wetlands are and also a stake where the 40 ft rectangle is shown. Brown asked if the fields could be located in a different direction. Cancillieri stated the system was laid out by Shoreline Sanitation and it was two rows at 45 ft each and he could not fit it because of the length in the other direction. He noted there are other options to lay the system out – one of them would be three 30 ft lengths which is not the best configuration for a septic system.
O’Donnell noted the agenda item did not include a septic system and suggested it be updated for the next meeting. Brown noted that the application submitted did include the septic system.
McCulloch stated there are more modern systems than concrete galleries which use a lot less space which might be more economical. Cancillieri stated Shoreline Sanitation laid out three systems. McCulloch suggested the applicant explore some modern options.
Linde asked if the addition to the home was located in the review zone. The applicant responded that was correct. Linde also asked the applicant to provide how much additional impervious surface would be created by the addition. Cancillieri noted that the footprint does comply with the coverage requirements of the Town of Old Lyme. Linde stated he was not concerned about coverage just about how much area was available to absorb the water before it entered into the wetland. Linde also stated he would be interested in the possibility of reclaiming any of the wetland area especially in light of the fact that the impervious surface was going to be decreased. Cancillieri noted that the area was also very flat.
The commission agreed to walk the site on Saturday, February 14th, 2009 at 8:30 a.m.
09-06 BARBARA GUADIO – 7 TOWN LANDING ROAD - REMOVE EXISTING DWELLING AND CONSTRUCT A NEW DWELLING AND GARAGE
Michael P. Harkin, Professional Engineer located in Killingworth, Connecticut presented the application. He noted the property was located at 7 Town Landing Road. He noted that Town Landing Road was located off of Smith Neck Road. He stated the architect is Pointe One Architects and Planners located in Old Lyme. Harkin stated the subject parcel was outlined in orange and is comprised of 3.46 acres in an R-40 zone. He noted out of 3.46 acres 2,100 sq. ft. is classified as an inland wetland. He noted that was approximately 1% of the property. He stated the wetlands were staked out by Richard Snarski in March 2008 and field located by Gessick and Associates also in March of 2008. He noted since the existing area is an open meadow they were staked using pins.
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Harkin stated the site has an existing dwelling with a porch and an attached garage. He noted the septic system is located in the front and the driveway is located in the far corner. He noted the utilities are underground and the well is located in the southerly direction. He noted that this parcel abuts the Nature Conservancy of Connecticut. Harkin noted that the clearing limits have been shown on the plan and prior to any work being done, a border will be placed on the property so the contractors are aware of the limits of construction on the site.
Harkin stated the proposal for this project is to take down the existing structures on the project site and construct a new proposed driveway configuration, four bedroom house with an attached garage, attached patio as well as a detached garage. He noted they are also installing a geo-thermal well field (which will include 5 wells) and also solar panels in the northerly portion of the site. Adjacent to the solar panels will be the proposed septic system. The cable, electrical, and telephone will tie into the existing underground boxes that are located at the southeastern portion of the site. Yard drains are located on the site to collect the storm water runoff coming from the site. He noted there will be an underground detention system (three 900 gallon concrete drywells) – the site
soils are sand and gravel which are very fast and well draining. He noted the roof leaders will also be tied into the system to get some groundwater recharge due to the fact that there is some impervious increase with the structures.
Harkin stated the wetland is outlined in blue - Yellow is the 100 ft upland review area – Pink is the limit of disturbance – He further noted there is no inland wetland disturbance and no disturbance within the 100 ft upland review area. The erosion and control measures are shown in orange.
Harkin stated 1,600 yards of material will be brought into the site. He stated Sheet D-1 is the detail sheet which shows the operation, inspections, BMP’s, the responsible parties, and erosion and control details.
Harking submitted a letter from Torrance Downes, Connecticut River Gateway Commission which is addressed to the Zoning Commission indicating a favorable review of the work being done at the site.
The commission also reviewed the architectural plans for the site. O’Donnell asked what was the proposed square footage of the house. Harkin stated that all the structures total 6,500 sq. ft. Harkin stated the would be applying to the Zoning Commission for a Special Exception which is required for anything over 4,000 sq. ft. within the Gateway Area.
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Linde asked how much the site would be raised. Bechtel read from the plan “although the relatively low elevation the existing terrain will be raised by between 5ft and 6ft in the area of the septic system and construction. The site engineer has articulated the need for such increase in elevation due to the level of ground water and code requirements of septic installation under such conditions.” Linde asked if the same type of soil would be brought into the site. Harkin stated they would try to match the sandy soil that is currently on the site. Harkin also noted the reason the site is being raised to meet the FEMA regulations for flood zone as well as the State Health Department standards for the septic.
Harkin stated “within the area of the house the elevation is eleven and nothing can be dropped below that level. So by setting our basement at elevation 11 we cannot have a full basement only a crawl space which brings it to elevation 14 with the concrete walls and then there is a foot of framing to get to the first floor elevation of 16”.
Linde stated he understood the need for the fill but the reason he is asking is that even though the drawing shows no impact or encroachment on the wetlands review zone he wanted to make sure that the sheet flow is such that the everyday runoff of water from the property does not have an encroachment on the 100 ft. review zone. Harkin stated that no drainage patterns would be changed with the development.
Brown stated that to some extent the runoff is being collected. Harkin indicated that was correct. Harkin stated a drainage swale has been created to catch the water and run underneath the solar panels and into the wetland. Therefore, the amount of storm water running into the wetland is not being increased. He further noted on the back side of the drainage swale there is a stonewall which runs the length of the property. He further noted a yard drain is being installed to collect the water and is rerouting it into the wetlands. He stated before it gets into the discharge there are three precast concrete drywells and a modified rip-rap splash pad to prevent erosion.
Linde asked with a normal rain event would there be any flow out of the pipe. Harkin stated there would not be. He stated a 10 year storm event would create a trickle and obviously anything over that it would be flowing pretty good.
Moran asked what the total coverage on the site would be including the pavers. Harkin stated that on Sheet D-1 there is a zoning compliance summary. Harkin stated the maximum lot coverage for that area is 10% and the proposal is for 5.2%
DiCamillo asked if there was a landscape plan. Harkin stated there is a preliminary plan. He stated once the project is approved they will retain a landscape architect.
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Linde asked if the language had been submitted for the “limited disturbance area?” Harkin stated the limited disturbance area is for the contractors to be aware not to cross that line. DiCamillo asked if the pink area was intended to be lawn. Harkin indicated that was correct.
Linde asked if the applicant would be willing to make this area a no disturbance area after construction. Harkin stated that would have to be discussed with counsel, Attorney Childress because that puts a limit on the deed and could impact the value of the property. Brown asked if the intention was to keep that area in a manor that is mowed only once or twice a year. Gaudio indicated that was correct and stated they are stewards to the adjacent Nature Conservancy property. She further noted it has always been their intention to keep that open meadow.
Moran asked if the entire area would be striped of top soil. Harkin stated the first step would be to take the top soil and push it away from the wetlands. He said once the site contractor is retained there will be more specific information.
O’Donnell asked if it was customary for the commission to approve an application with the details such as stockpiling in place. Bechtel stated yes, and stated she felt the perimeter that is outlined on this project would be the issue.
Linde requested that the plan be forwarded to Metcalf for an engineering review. Brown noted it has already been sent.
The commission agreed to walk the site on Saturday, February 14th, 2009 at 9:15.
Harkin indicated he would not be able to attend but would stake out the locations as requested. Mrs. Gaudio stated she would be present. Bechtel stated that since the applicant’s representative is not able to attend, any technical questions will be held until the February meeting.
PUBLIC HEARING
08-14 – BEDRI & DANIEL BABASULI – 20 GRASSY HILL ROAD – PROPOSED DRIVEWAY CONSTRUCTION TO PROVIDE OFF ROAD PARKING AND SEPTIC SYSTEM REPAIR
Lee Rowley, agent for the applicant submitted the proof of mailing receipts for the adjacent property owners. Bechtel also noted that the commission received a letter from Tom Metcalf stating that he has not reviewed the most recent revisions to the plans that
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were submitted on January 26, 2009. Mr. Hendriks stated that they were delivered to Metcalf on January 22, 2009. Bechtel stated that they were received in the office yesterday. Hendriks stated that was correct.
Lee Rowley oriented the commission to the plan and noted he was aware the commission had walked the site.
Lee Rowley reviewed the prior designs that were submitted to the commission. He stated they decided to go with this current plan and application and try to minimize the impact and design around some of the negative issues by incorporating catch basins, better access, a buffer area, stormceptor and instead of paving the area installing stone pavers on the gravel surface.
It was clarified that the plan being discussed this evening had a revision date of 1/22/09.
Bechtel clarified that this plan was an attempt to address the comments made by Mr. Metcalf in his letter to the applicant dated January 14, 2009, and stated that is why the commission now has a letter from Mr. Metcalf indicating he has not yet reviewed this revised plan dated 1/22/09..
Rowley stated the current septic system is not working properly and is in very close proximity to the lake. Therefore, by installing a new septic system (code compliant) it is an improvement to the site. Rowley stated there is an existing well in the house and there is a new proposed location for the well shown on the plan.
Rowley stated the property is only ¼ of an acre. Rowley stated this home was a prior cottage like most of the others in the area. Bechtel asked if the property was still seasonal. Rowley indicated that was correct.
Bechtel asked Mr. Rowely to address specifically what changes were made to this plan as a result of Mr. Metcalf’s letter. Bechtel stated, you have received Mr. Metcalf’s comments dated January 14th, 2009 so based on those comments what caused you to change the plans.
Rowley stated based on those comments we addressed some of the issues. Bechtel asked specifically what those changes were. Rowley stated he would go through them. Rowley submitted photographs of work that had been done by Mr. Babasuli in the past. Linde stated he wanted to know that Mr. Babasuli was qualified to install a paver driveway on 25 degree slope that would maintain its integrity. Linde stated he was not looking to see a lot of work – putting in a stonewall is one thing – but doing something that is has highly technical as this driveway is something total different. Rowley stated the work that is demonstrated in the photographs covers all of the issues and then some.
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Linde stated he wanted to be assured that this driveway as installed will hold its structural integrity and will not need to be replaced with a paved driveway. Bechtel stated she did not think the commission can be guaranteed and therefore needed to rely on their engineer.
Rowley stated he feels the plan being presented addressed all the issues that were raised by Mr. Metcalf and his professional opinion with the workmanship demonstrated in the photographs there should not be a problem.
Rowley stated a lot of the comments Mr. Metcalf made were not pertaining to this commission. Therefore, he stated they reviewed Mr. Metcalf’s comments and came up with some additional issues, however, many of them are not really wetlands issues but more civil engineering or zoning issues. Bechtel stated for the record that she completely disagrees. She stated this site is steep and that anything on this property becomes an inland wetland issue because it is that close to falling directly into Rogers Lake. Rowley stated the kind of issues he is talking about is sightlines, turning radius and things of that nature. Bechtel stated that Item C specifically speaks to a well drilling truck and the need for potential staging. Bechtel asked if that was one of the things that were added to
this plan. Rowley stated “yes”. Rowley further stated that Metcalf talks about using a standard well drilling rig and we may not be able to use that standard rig. He noted that a tract driller might be used which is different from a standard large truck drill. Rowley stated that he feels very confident that the location that the well is being installed and can accommodate this type of apparatus for drilling just not a standard well drilling rig.
Bechtel asked if the property owner ever investigated doing something further with the existing septic system such as pumping it on a regular basis or having it upgraded as opposed to installing a whole new septic. Bechtel also asked if the septic system has failed. Rowley stated that he can’t honestly say that the septic system has failed but is suggesting, due to its proximity to the lake, that it should be replaced. Bechtel stated but we have not had a report of failure to the system. Rowley stated not to his knowledge.
Linde asked if the applicant has permission or a right-of-way to park across up the way on top of Grassy Hill Road on the neighbors property. Rowley stated they were given the right to use the property for a period of time but that time has expired. Brown stated that Mr. Babasuli told her that he was able to park at the neighbors for a year or two but that would expire and was only a temporary solution.
Bechtel asked once again what the changes were on this plan versus the plan that Metcalf reviewed and submitted comments. Rowley said that they are attempting to meet with the Board of Selectmen to resolve the sight line issues. Brown asked if an application had been submitted to the Board of Selectmen. Rowley indicated he had not yet submitted one. Rowley noted however they have designed a plan and it does work with the vertical and horizontal sight lines.
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Moran asked if the septic system was going to be pumped up. Rowley stated it was gravity flow to a solids tank and the effluent flow is gravity to a pump standard which is pumped up. Rowley stated that the pumping is only a couple of feet difference from the tank. Moran stated that the galleries are up much higher. Rowely stated that they are not galleries. Moran asked what the height of the system was to the house. Rowley stated he would have to look at the details. He stated the first floor of the house is at 41 – coming out to the tank at 38.3 and then it will be pumped to a system at 45. Moran stated that was 13 ft. Rowley stated it was 7 ft because the bottom of the system is at 43 and it’s about 5 ft.
Linde asked if you looked at installing the system in the flatter portion of the property where the driveway is proposed. Rowley stated it was determined that the current location the best area. Linde asked why that did not work. Rowley stated the problem is there is not enough vertical separation.
Brown asked if there was any intention to change the existing stone retaining wall around the edge of the lake. Rowley stated no. Brown stated as it is today is how it is proposed.
Rowley stated that was correct. Brown asked if a storm outlet would be installed. Rowley indicated that is correct.
DiCamillo asked about the drilling apparatus for the site. Rowley stated that they would not use a standard regular truck he would probably use a track rig. DiCamillo asked if it would require the same set up. Rowley stated it would need some set up because there is some slope. DiCamillo asked if it was shown on the plan as Metcalf suggested. Rowley stated Metcalf suggested that more detail be provided about the runoff. Linde asked if the area would require clearing. Rowley stated he did not think there was any clearing necessary, however it would have to be leveled out for the drilling rig.
Rowley once again stated the sightlines were addressed on the Sightline Demonstration Plan and also it shows how a car would enter into the site.
Rowley also stated that Metcalf made a comment about a steep slope of approximately 30 percent. Rowley stated it is 30 percent on this edge of the driveway but it is 20% on the other edge of the driveway. So the average is 24 or 25% in that area. Brown asked Mr. Rowley if he could explain how there could be different slopes on each side of the driveway. Rowley stated that the slopes changes in relationship to the distance of the curve and that the longer the distance the flatter the surface and the less steep the slope between the two contours.
Rowley stated Metcalf asked for some spot elevations along the lake and they were provided.
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Rowley stated Metcalf asked them to verify that there were no wetlands in this area. Rowley stated the site goes from flat to lake.
Moran asked what type of pavers will be used on the site. Rowley stated the pavers are granite and will come from Salem.
Rowley stated Metcalf asked about the location of the existing well. Rowley stated it was located inside the existing house.
Rowley stated Metcalf suggested they contact the Selectmen’s office and he has tried several times but has not yet made contact.
Linde asked for the percentage of impervious surface. Rowley stated it was on the plan. But he figured out was 14.6 % post development and 36.2% proposed. He stated they are going from an impervious area of 1,600 sq. ft to a proposed 4,000 sq. ft. Impervious area is at 85%. Linde stated that the proposal is taking about 20 percent of that property that was previously pervious and making it impervious. Rowley stated that was correct.
Linde suggested the commission retain a lake expert to review the application and make an assessment as to whether this is going to have an impact on the lake. The commission agreed.
Linde also suggested the commission have an expert give them an assessment as to whether those pavers will hold on that slope. The commission agreed. Bechtel stated she would think that Mr. Metcalf could address specifically the paver versus asphalt issue and she will propose that to him directly. Linde noted if Metcalf doesn’t feel comfortable making that assessment the commission should retain someone else.
Bechtel stated the commission will review the revised plan, as will Mr. Metcalf and obtain the assessments from the experts prior to the next meeting.
Brown stated that the level of the lake goes up and down and there is not a whole lot of space between the outflow and the level of the lake. Rowley stated the spillway elevation is 37.4. Brown asked about back flow into the drainage system; she said there is usually a little more height distance. Brown asked what happens if there are waves and it flows
into the outflow pipe. Rowley stated he did not see that as a real concern but what they could do is install a valve. Rowley stated that all that would happen is that the water would back flow into the pipe and maybe get to the stormceptors. Brown asked if that would wash out. Rowley stated it would not wash anything out. Brown asked if that was because it was secluded into a different part. Rowley stated what ever comes through and flows on the surface into the catchbasin is going to go through the baffle stormceptor and sink to the bottom so if you had a real torrential rain fall in a very short period of time all it would do is back up and submerge the pipe a little bit and the water would seep
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through. Brown asked if water coming in the wrong way especially with the wave action
could stir it up and draw dirty water out and undo the good of the stormceptor. Rowley said no because everything that flows into the stormceptor will sink to the bottom.
Linde asked about the stormceptor. Rowley stated he was not expecting to get a lot of silt from this driveway. He further stated he put in enough protection to handle whatever sand might runoff. O’Donnell expressed concern about the salt. Rowley stated there would be a lot more salt on town roads then a private residential driveway. Linde stated any salt will go into the lake. Rowley stated they could specify that only certain materials be used on the driveway.
Linde noted the house has been used for over ninety years as a seasonal dwelling.
Bechtel noted for the record that the commission did receive a letter from Theodore Cooksley (a neighbor across the street) dated January 23, 2009 in support of the Babasuli application.
Linde asked that the Lake expert look at the impact of both pavers and asphalt.
The public hearing will be continued until the February 24, 2009 meeting.
OLD BUSINESS
08-15 – PRAMOD R. MINEXIBAN P.W. PATEL – 286 SHORE ROAD – PROPOSED FACILITY AND ASSOCIATED PARKING
Bechtel stated this application was also revised and submitted to Mr. Metcalf and he has not yet completed his review of this application.
Rowley stated that Mr. Metcalf had made comments on this plan back in November and he has made some adjustments to the plan. He further noted that most of the items were related to zoning issues but they have not yet submitted an application to the Zoning Commission because they were trying to complete the wetlands process prior to applying to the Zoning Commission. Rowley stated the plan has not changed.
Rowley stated one of the issues was there is a little parking lot that serves the existing building in front and that area has been reconfigured.. He further stated currently
customers park along the side of the road and the hope is that this change will create a more formal parking area and eliminate some of the traffic issues.
He stated the building in front is being proposed for a small office facility. He noted it is currently a package store on the first floor and a residence is located on the second floor.
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He noted the proposal is to remodel the building and move the residence to the second floor of the new proposed building in the rear and the first floor will be a retail package store. He stated the rear parking lot is designed for service use with the exception of the residents and employees.
Rowley stated some of the comments that were made by Mr. Metcalf had to do with the weir and some adjustments have been made to lengthen the weir. In the event that the detention area receives water higher than a 2 year storm it would overflow into a small culvert. He noted that Mr. Metcalf also had some technical questions with regards to the drainage area and therefore the drainage report has been revised.
Rowley stated the commission had comments with regard to the system, however those changes were not made. He noted the commission also requested that the dumpster area be located further away from the wetlands and this was reviewed but do to the functionality and what would be deposited into the dumpster it was left it in the same location.
Bechtel stated the commission has made recommendations and the applicants has opted to do nothing about them other than consider them. Rowley stated that was correct.
Brown stated that the loading space shown on the plans does not comply with the zoning regulations. Rowley stated there is no other location around here that we can put it to allow it to function normally for traffic and disposal.
Bechtel clarified that this plan has not yet been to zoning so that any changes to any approved plan that goes to zoning will require the application to come back to before the commission. Brown stated she would make the determination if the plan needed to come back at the time the plan is presented to zoning.
Moran asked if a berm could be constructed in the trash area to prevent any type of runoff from entering into the wetland. Rowley noted that the area was curbed for traffic as well as runoff.
O’Donnell expressed concern that while the applicant is proposing a liquor store and has stated the primary trash would be cardboard this commission is approving a commercial use and it could change.
Linde asked for the staff to review the plan and determine if there are any other options for the dumpster location. Brown stated she would review the plan as well as Mr. Metcalf.
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Brown asked about the area by Shore Road where grass is being removed and pavement is being installed – are the round areas shown out by the road- paved or grass. Hendriks stated they are currently paved and the proposal is for them to remain paved.
Brown asked if the applicant had submitted any applications for driveway permits. Rowley indicated they had not, but he intended to do so.
Linde stated he would like to know specifically what percentage of the available upland review is now impervious. He further stated it appears that now 60% of the available upland review area is now impervious.
Brown stated that no building plans were submitted, however in the statement of use it indicated that the existing building would be changed from retail to office. Did that mean both floors and the new two story building would be retail downstairs and one resident above. Rowley indicated that was correct.
OTHER BUSINESS - FMTM
Bechtel stated the commission walked the site in December. The purpose of the site walk was to check the progress of the site work, particularly in relation to the erosion control measures. It was noted that people were dumping on the site and the commission requested that the owner be contacted and see if he would consider putting up a chain to prevent any further access and dumping.
Brown indicated she had not contacted the owner but would do so this week.
Brown also noted that the Board of Finance has expressed concern about money this fiscal year, therefore the Land Use Department is actively pursuing all outstanding review fees from applicants including Mr. Martone.
Linde asked if language could be put into the regulations that states that a permit can be revoked due to non-payment. Brown agreed to contact counsel.
Bechtel also suggested that Mr. Martone be contacted to find out what the time schedule was for submitting an as-built for Phase I.
MEETING MINUTES OF OCTOBER 18, 2008
Bechtel noted at the last meeting there was not a quorum present to vote on these minutes so therefore they have not yet been approved.
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Bechtel made a motion to approve the site walk meeting minutes of October 18, 2008. Evan Griswold seconded the motion. The motion passed unanimously. Robb Linde recused himself due to a conflict.
REGULATION REWRITE
Bechtel asked if the commission had received copies of Mark Branse’s buffer language. Bechtel asked if we wanted to discuss this now. Linde stated he still needed to contact the lake expert and perhaps it was worth waiting for that comment. Bechtel stated one of the lake expert’s that was mentioned was Priscilla Bailey and Chuck Lee at DEP. Brown stated that DEP would not comment on an application but might provide input on the regulations. The commission reviewed names of other experts that might be available to the commission.
Linde agreed to contact Chuck Lee at the DEP about the regulations and other issues currently before the commission.
Bechtel stated this item will be discussed after further information is received.
LORDS WOODS SUBDIVISION ENFORCEMENT
Bechtel stated she has received a noted from Tom Metcalf which was a follow up to a letter that Diana Atwood Johnson submitted back in September.
Bechtel stated it has been indicated in all discussions with our attorney that the commission should not be tampering with the bond at this particular time. She further stated the site walk of the property indicates that even though the level spreader is not functioning as well as it should be, the re-growth of vegetation has stabilized the area. Bechtel stated one of the items that needed to be addressed in the letter prior to Spring was the cutting of tree stumps down to the ground. Bechtel stated that the commission was in agreement that some of the larger stumps that didn’t re-sprout and that were unsightly could be cut down to grade, however the ones that were re-sprouting should be left alone. Bechtel stated that she was concerned that open space might want it a little
bit prettier than inland wetlands. Griswold stated he would present the position of this commission at the next Open Space meeting.
Intervener – Robb Linde – Mr. Linde requested that the applicant not mow the area where the big sweeping right hand turn goes down the hill at a 45 degree slope. He further noted it is all in the upland review area. Bechtel asked who was mowing the area. Linde stated it was the applicant.
Bechtel suggested the commission schedule a site walk in March to take another look.
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IWWC – 1-27-09
Groves noted that Attorney Cassella is in the process of drafting an agreement with Dr. Awwa in exchange for extending the time to pay the $70,000 fee to open space. Bechtel agreed to follow up with Diana Atwood Johnson with regard to the proposed agreement.
CORRESPONDENCE
Bechtel reviewed an ordinance that the Town of Clinton is seriously considering passing which would require all Land Use Agencies in the town to have knowledge of any application on a piece of property. She stated this would allow every Land Use Agency to be aware that work was being done on a piece of property at the same time and require more history on the background on the property.
Bechtel stated she thought there was some merit to the proposal.
LAND USE SEMINAR
Brown asked the commission if any members planned on attending the seminar at Weselyan University on Saturday, March 28, 2009. Brown also distributed copies of the brochure.
Bechtel made a motion to adjourn. Robb Linde seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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