Skip Navigation
This table is used for column layout.
Inlands Wetlands Commission Minutes 04/28/2009








INLAND WETLANDS AND WATERCOURSES COMMISSION
PUBLIC HEARINGS AND REGULAR MEETING
APRIL 28, 2009



PRESENT WERE:  Janet  Bechtel, Robb Linde, Evan Griswold, Don Willis,  Sabine O’Donnell, Skip DiCamillo and Dave McCulloch.  Also present were:  Kim Groves, Matthew White, Tamara McAraw, Jason Wilcox,  John Rhodes and other members of the public.

MEETING MINUTES DATED MARCH 24, 2009

Evan Griswold made a motion to approve the minutes with the correction that Skip DiCamillo be added to the members present.  Dave McCulloch seconded the motion.  The motion passed unanimously

SITE WALK MEETING MINUTES DATED APRIL 16TH

Evan Griswold made a motion to table any action on the site walk meeting minutes to the following meeting.  Skip DiCamillo seconded the motion.  The motion passed unanimously.

NEW BUSINESS

PRELIMINARY DISCUSSION – REGIONAL DISTRICT #18 – HIGH SCHOOL PROJECT

Mr. John Rhodes, Director of Facilities and Technology, Lyme/Old Lyme Public Schools was present to provide the commission with a brief overview of the storm drainage proposed for the Lyme/Old Lyme High School Project.   Rhodes stated that he would like the commission’s feedback with regard to the proposal  which would help to provide guidance in the design for the facility.  Rhodes introduced the team from Clough Harbour Associates:  Dick Webb, Landscape Architect, Dave Arthur, Engineer, Dave Sousa, Civil Engineer.  

Webb reviewed the scope of the project and oriented the commission to the site plan.   He stated the proposal includes the renovation of the existing high school facilities including minor additions which will fill in the space between the two main structures, vehicular improvements to the drop off  area which will involve the construction of a segregated  bus drop area from a parent drop off area, improvements and relocations to athletic fields, installation of a series of geo-thermal wells for the heating and cooling, and the construction of centralized maintenance facility building  

Page 2 – Minutes
IWWC – 4-28-09



Dave Arthur discussed the overall campus drainage with the commission.  Arthur used a color – coded map to show the features on the site and discuss the proposed drainage with the commission.  Bechtel asked if the proposal was to treat the water in the current wetland but then send it back it out.  Arthur stated that was correct.  

Bechtel asked if the Middle School was added back into the track project.  Arthur stated that was correct.  Bechtel asked if this proposal reduces what flows back out to Library Lane.  Arthur stated that was correct.  

Arthur noted he met with Tom Metcalf on site to discuss the proposed concepts.  Arthur stated that there are currently two existing outfall pipes.  He stated they are proposing to reroute one of the pipes around the school presenting the option to tie that pipe back in without impacting the wetlands or the option of replacing those outfall pipes at this time which would essentially touch the wetland area.  Arthur asked the commission for their input.  Bechtel asked if the track wetland area will be enlarged backwards.  Arthur stated that was correct.  Arthur stated a PVC roof is proposed which will directly discharge to the wetland location.  

O’Donnell asked Arthur how far they were along in the construction of the water quality treatment basin and if this would all be completed in one procedure.  Arthur stated the track basin will be completed as designed and permitted.  O’Donnell asked if the area would have to be disturbed again.  Arthur stated that portions of the area will have to be disturbed but the hope is to not disturb the existing plantings, however the intent is to minimize the disturbance and if there is any it will have to be re-created.  O’Donnell asked if the area would have the opportunity to go through a season prior to being disturbed again.  Rhodes stated the earliest this project would begin would be the summer of 2010.

Griswold asked what alterations were projected for the wetland by the roadway.  Arthur stated they are currently reviewing a number of options and there is no final design at this point.   Griswold asked in terms of water conservation was anything proposed to reuse the water for flushing toilets and that sort of thing to retain this water on site for the use in the buildings.  

Rhodes stated in their prior application the possibility of using the water for irrigation was discussed.  Rhodes stated the option they are looking at is to use the septic treatment that is installed (which generates gray water) for all the flushing of toilets in the high school which is the biggest water user in the high school.  

Linde expressed concern about the separating distance from the wetland to the proposed dug out area.  Linde also asked how the reconfigured ball field would impact the wetland from the one that was originally proposed.  Rhodes stated the originally proposed ball field was never constructed and at this point they will have to review the site after the wells are installed in that area.  He stated it appears that the clear area will be identical except for the access change.  Linde stated he didn’t want to approve something that was not feasible down the road.  
Page 3 – Minutes
IWWC – 4-28-09

Griswold asked what the projected residence time of the water in the retention basin.  Arthur stated it was approximately 24 hours.  

Bechtel stated that the plan looks doable and when an application is presented the commission will set a site walk.  In addition, Tom Metcalf will be reviewing all the plans as well.

09-12 SOUTH LYME MARINA – 8 BANK ROAD – REQUEST FOR FINDING OF NO JURISDICTION

Bechtel stated that Ann Brown reported that there were no inland/wetlands on the application.  Bechtel stated she asked Ann Brown to indicate for the record that there were no inland/wetlands; which she has done in the file. The commission reviewed the site plan provided by Keith Neilson, Engineer from Docko, Inc.  Bechtel read the application which stated the proposal is for the replacement and restoration of the existing docking facilities and placement of a crushed stoned driveway surface for the boat yard.  Bechtel noted that the application states that DEP analysts and Wetlands Biologists have observed this site and determined that this is a tidal wetlands application.

Evan Griswold made a motion to grant the request of finding of no jurisdiction.  Don Willis seconded the motion.  The motion passed unanimously.

09-14  WILLIS AND SHARON STEPP III – 4 BAILEY ROAD – ADD 312 SQ. FT. OF A NEW DECK AREA

Bechtel stated Ann Brown asked the commission members to drive by the site.  Bechtel noted that both she and Evan Griswold visited the site on 4/16.  Bechtel noted it was the recommendation of Ann Brown that this permit be handled administratively.  

Bechtel asked the applicant if the proposal was to replace the current deck that was on wooden piers.  Stepp stated that previously there was an 18 x 33 foot above ground pool with a deck surrounding which was approximately 25 x 40 so the proposal is to construct a new deck 16 x 24 in the same location.

Griswold asked if the pool was to be removed.  Stepp stated the pool is gone.  Bechtel asked if the area under discussion was currently open lawn.  Stepp stated that was correct.  Bechtel stated that during the drive by she thought the replacement of wooden piers for sono tubes under the existing screened porch was the activity under discussion. Bechtel passed the site plan around the table for the other members to review.  Bechtel stated her concern is the proximity to the drainage ditch.  Griswold stated that what ever rainfall comes down will run through the deck.  Stepp stated that was correct and noted that no clearing was necessary for the proposal.

Dave McCulloch made a motion to handle this application as an administrative permit.  Robb Linde seconded the motion.  The motion passed unanimously.


Page 4 – Minutes
IWWC – 4-28-09

PRELIMINARY DISCUSSION – PEDERSEN SUBDIVISION – RICHARD HASHAGEN

Mr. Hashagen was present and noted for the record that he was representing a group of individuals who are interested in purchasing this property from Enok Pedersen.  Hashagen stated if this group did purchase the property the proposal would be for an entirely different subdivision with only 9 lots instead of the current 16 lots.  Hashagen stated that the proposed layout for the road is entirely different than what was approved.   Hashagen reported for the record that this is a preliminary discussion with the commission and in no way affects Mr. Pedersen’s subdivision approval.  

Hashagen presented and reviewed his proposal with the commission.  He noted one of the major differences is this site would be served by a gravel driveway which would require two wetland crossings.  He also noted that one crossing would be eliminated along with all the digging and blasting that was required on the approved subdivision plan. He further noted there was a possibility the drainage could be brought in through Lot 1 rather than running down Burr Road.  Hashagen stated on this proposal the activity would be approximately 150’ from the vernal pools on each side.  

Robb Linde recused himself from the discussion due to the fact he was now an abutting property owner.  

The commission compared the previously approved subdivision to the current proposal.

Bechtel stated she liked the gravel surface.  Griswold asked if there would be a way of limiting the building envelope.  Mr. Hashagen stated he was open to any of the commission’s concerns and desires.  Bechtel informed Mr. Hashagen that the commission is in the process of a regulation rewrite which will impact how the commission handles vernal pools and this change would definitely impact this site.  Bechtel also noted that this commission has problems with clearing limits on lots, therefore this commission will be working harder to make those limits legally binding so that some of the difficulty of enforcing this issue is removed.

Griswold stated he was in favor of reducing the number of lots which cuts down on the number of roofs, down spouts, leeders and automobile traffic.

PUBLIC HEARING

JOSEPH AND TAMARA MCARAW – 23 TALCOTT FARM ROAD – CEASE AND DESIST ORDER – CLEARING IN THE REGULATED AREA IN VIOLATION OF THEIR ORIGINAL PERMIT

Jason Wilcox stated he was asked by the commission to put together a plan which demonstrated which trees were removed on the site.  The commission reviewed the plan which was color coded to delineate the type of trees and brush that was removed from the site.  

Mr. Stanley Kolber introduced himself and his wife, Christina Clayton, as property owners at 25 Talcott Farm Road.  Mr.  Kolber wanted to offer to the commission his recollection of the property before this
Page 5 – Minutes
IWWC – 4-28-09


work was done.  Mr. Kolber noted for the record he has read the prior minutes.  Mr. Kolber stated that Mr. Whitney Talcott previously owned that lot (as the developer) and no work was done on the property.   Mr. Kolber stated they live across the swale and walk the area frequently and noted that right along the southern edge of 23 Talcott Farm Road there is a path which leads down to the dock (float) which is used for canoeing and kayaking.  Kolber stated he frequents that path and is familiar with that piece of land.  He further stated that prior to this work being completed there had been nothing cut, there was stuff that was down, but the area was woodland.  He stated the only construction that was done prior to the McAraw’s construcing their home was the creation of the footpath down to the Lieutenant River. He noted it was done with a great deal of care to make sure that very few trees were taken out on this 10 ft. wide strip.  He further stated that the trees that were cut during the construction process (at the time this site was approved by the Board of the Talcott Farm Association) he was one of the people that was shown the site plan on site and shown a perimeter that had been created by tagging trees to show not the ones that would be cut but the ones beyond which there would be no cutting therefore, it was pretty clear what was outside of that was a thick woodland with brush.  He noted there was a young man at the site for several days with a chain saw and there was also chipping going on for days.  Kolber noted once again as far as he recalled at the end of the construction process beyond the permiter and beyond where the silt fence had been created there was woods, which did contain dead stuff, but there was no major stuff cut down, he stated Mr. Talcott did not do any clearing, he was not allowed to do any clearing….the only clearing that could be done… according to our association was in connection with the construction of a house and the approval of the site plan by the Design Review Committee.  He stated once again there was no cutting by Mr. Talcott as far as he can recall.

Kolber stated there was an additional wetlands in this area beyond the river itself and that inland/wetland is the creek itself coming down in and is one of our borders.  Kolber stated this is shown on the Talcott Farm plan and there is an easement with 10 ft. on either side and that easement was for open space and that became protected property.  He stated as he understood there is a 100 ft setback from that creek (which is outlined in the document and shown on the site plan).  He stated one day when they arrived at their property after being in New York City and saw lots of logs lying around on 23 Talcott Farm Road and at that point he inquired what that was about and he was told that the cutting had been approved by the Board of Directors of the Talcott Farm Association.  He noted as he walked around the property he saw some very new stumps located close to the swale.  Mr. Kolber pointed out the location on the plan.   Wilcox stated he felt the stumps being discussed by Mr. Kolber were part of a brush pile that had been put there which he was trying to remove because it was such an eye sore.  Kolber stated as far as he was concerned he did not see any clear cutting prior to this house being built or after it was built.  

McCulloch asked for clarification on the association’s position.  Kolber stated that the association stated that the cutting that had been done was in excess from what had been approved.  

Kolber asked the applicant if there were trees tagged prior to cutting.  The applicant indicated that was correct.  Kolber questioned whether trees were cut that were not tagged and noted the applicant did not need to answer the question but stated he did know the Board did not approve the cutting that took place.

Page 6 – Minutes
IWWC – 4-28-09




Bechtel stated that the Inland Wetlands Commission walked this property as part of the process of  granting the McAraw’s a permit to build the house.  She stated the commission very clearly specified the limits of clearing that were to exist around the envelope of the house beyond which nothing was to be done and  the meeting minutes during that period reflect that the commission had concerns that a pool could be constructed and the limits of clearing be maintained as shown on the map.  

Jason Wilcox stated the pool should not have been constructed.  He stated that was the reason the hazardous trees existed and needed to be removed.  Bechtel stated perhaps an error was made in that decision of the Inland Wetlands Commission and/or Ann Brown but that does not explain all of the clearing that has currently gone on all the way down to the Lieutenant River.  Bechtel further stated that when the house was purchased the property owner knew there was a right of way and in terms of the children they also knew what the clearing limits were on the parcel.  Bechtel stated a smaller house could have been constructed with a larger yard or a large home which would take up the entire yard but those were choices of the property owner.  She stated the IWWC specified what the limits of clearing were to be and there was to be no additional clearing without coming back before  this commission and requesting another permit or site walk to explain the circumstances and that did not happen.  

Bechtel stated that the commission also received a letter from the President, and Board of Directors of the Talcott Farm Association dated February 22, 2009 requesting a restoration plan for this site.  McAraw indicated she had not seen this particular letter but had received another letter.  Evan Griswold read the letter into the record and noted it was signed by three members of the association.

Bechtel stated that the commission had asked Mr. Wilcox to submit a tree clearing plan and asked if Mr. Wilcox had provided the total number of trees that were removed.  Mr. Wilcox stated he did not provide numbers, however the trees are outlined on the map in the location and labeled.   Mr. Wilcox reviewed the plan with the commission.  Mr. Wilcox stated the trees shown in red were hazardous.  The green shows the trees that were already down in the ground.  Bechtel questioned who cut those trees because when she walked the site there were no cut trees on that lot.  Wilcox stated that some of the cutting that was done was to get the large brush pile off the site.  Bechtel stated at this point there are obviously differences of opinions.  Bechtel also stated she felt there were significantly more stumps down than are indicated in color on this plan.  Bechtel stated the next step is for the applicant to submit a restoration plan to both the Inland Wetlands Commission and the Talcott Farm Association.  McAraw stated that she wanted the commission to indicate specifically what they would like to see on the restoration plan.  

Wilcox noted he had been involved for many years with working with the town on tree preservation and was also instrumental in the creation of the Old Lyme Tree Commission.




Page 7 – Minutes
IWWC – 4-28-09



Griswold stated when this lot was approved and the house was constructed the permit included limits of clearing and noted if anything changed because of the construction of the house or the pool that doesn’t change the stipulation that there was a limit for clearing and nobody was suppose to go into this area and cut anything without coming back to this commission for a review.  He stated the site now reflects a clear cut which is unacceptable.  Grisowld stated from what was there when we walked the site prior to approving the house site to what is there now is completely different.  Griswold stated if the applicant wanted to clear for a view or anything they needed to come back before the commission.

McAraw stated clear-cutting was never their intention.  Bechtel stated once again there is a difference of opinion and we need to move beyond that and find the solution which is a restoration plan.

Bechtel provided McAraw with planting booklets for wetlands plantings.  McAraw stated she had hoped to have her plan tonight but it will not be complete until Friday.  She asked at that time if the wetlands process would be completed  because she was ready to be done with Wetlands meetings.  Bechtel stated she was prepared to work on it last month but neither she or her husband were able to attend the meeting.  McAraw indicated that was correct.  Bechtel stated she would move it along as quickly as possible.

Bechtel stated that the association requested that a restoration plan be submitted by May 15, 2009 and the IWWC’s next meeting in the 26th of May.  Bechtel suggested the plan be submitted to the association.  McAraw stated they will be submitting their plans directly to the IWWC.  She further stated she understood what the letter requested but the association is completely separate from wetlands so she will be submitting directly to this commission.  Bechtel stated it might be helpful to have the association’s input prior to the meeting.  Bechtel stated she will notify the association so they can be part of this process.  McAraw asked if the association was now part of the wetlands commission.  Griswold stated that they have an interest because when Whitney Talcott created this subdivision he created a buffer along the edge of the Lieutenant River marsh that was suppose to screen the view of the houses from the marsh.  He further stated Talcott was following the lead of the town when this subdivision was created sometime ago.  

Linde asked if the IWWC’s interest is more narrowly defined than the association.  Bechtel stated that was correct.  Linde stated that our interest is to protect the wetland so it is entirely possible that we could approve something from a wetland perspective that association may not approve.

Bob Giannotti – Property Owner and Board Member – stated he is on the association board and also the builder of the property.  He stated the President of the Association has requested a plan.  McAraw stated that was fine but the plan will be submitted directly to the commission.

Kolber asked if the plan that is submitted to the IWWC will be a plan that deals with the wetlands area and also the area upland of the wetland.  He noted the Board requested a plan for both areas.  He stated whatever ceremony is being engaged in by not submitting directly to the board is being engaged in but
Page 8 – Minutes
IWWC – 4 -28-09

his question is whether there will be a plan submitted that will be referred to the association that will address both the cutting that took place beyond the plan that was approved by this commission which is upland not just wetland.  Bechtel stated the plan will need to address both areas.  

Bechtel asked McAraw why she would overstep the option of the possibility of satisfying both entities by May 26th  when she has a received a letter from her association requesting something be submitted.  McAraw stated that is the advice she has received from counsel at this point and also with Talcott Farm referring them directly to the IWWC they have removed themselves to an extent from the process so we are directly dealing with the inland/wetlands to resolve this issue.

McAraw stated in the first letter she received from the association it said that they would be referring them to the IWWC and whatever they enforce.  Bechtel asked for a copy of this letter for the record.
McAraw indicated she did not have one, but perhaps the secretary of the Talcott Farm Association might have a copy.  

Kolber asked if it was the opinion of McAraw that the board no longer has the authority to deal with this situation.  McAraw stated she is currently talking with the IWWC and not the association.  Kolber stated he was asking a different question.  Kolber asked if Bechtel was the Chairwoman.  Bechtel indicated that was correct.  Kolber asked Bechtel (as the chair of this commission) could something be done to advance the ball and perhaps result in a complete resolution of this matter if this was submitted both to the association and the commission and the applicant has taken the position not to do that because they feel the board has advocated its role here.  Kolber asked if that was correct.

McAraw stated that they are two separate associations and she was discussing this with IWWC right now and when that is complete she would be happy to report back to the association.  Bechtel stated, however the IWWC has been requested by the association to not make their decision until consulting with the Talcott Farm Associates, so therefore, she would respectfully follow through with that unless she were to obtain legal advice from our Town Land Use attorney that this is not the proper way to proceed.  

Bechtel agreed to contact legal counsel on this situation.  Linde stated the risk that is being taken is that the IWWC could approve a plan and Talcott Farm could tell you that it could not be done and then you would have to come back to this commission again.

Wilcox noted for the record he would not be back to the next meeting because he had no involvement with the restoration plan, however if the commission needed him in the future to call him and he would attend the meeting.

Linde requested the commission send a letter to Jason Wilcox reminding him of his responsibilities anytime he does work within the wetland review zone to avoid future problems.  Griswold stated the operator of the equipment is just as liable as the property owner for any work that is done within the wetland review zone.  Bechtel noted she would ask Ann Brown to send a letter to Mr. Wilcox.  Linde

Page 9 – Minutes
IWWC – 4-28-09

also suggested that the town start the process to enable them to take sanctions against contractors who are doing work without permits.  Bechtel asked Mr. Linde to follow up with Mr. Griswold.  Evan Griswold agreed to accompany Mr. Linde in that discussion.

McCulloch stated that the Planning Commission approved this subdivision with the association in place and therefore assumed this association would take action to enforce these measures.  

OLD BUSINESS

09-08  MATTHEW AND SANDRA MACDONALD – 155-1 BOSTON POST ROAD – 2 LOT SUBDIVISION- PROPOSED DRIVEWAY WITHIN 100’ OF THE WETLAND

Matthew White, Angus McDonald and Gary Sharpe Associates, stated when the commission walked the site they requested a few changes to the plan and that has been done.  White stated one of the changes was the relocation of the beginning of the driveway to go through the pine trees instead of around them which locates the driveway in a flatter location where there is not as much potential for erosion towards the wetlands and also puts it further away from the wetlands.  White noted he has drawn a line on the plan representing a no clear zone.  He stated he did stop it short of going all the way to the property line because there is a plan in the future to have a pathway or access down to Black Hall Pond.   Griswold stated he would like a note placed on the plan indicating a trail has been discussed down to the pond and the access is to be in this location.  White agreed.

Bechtel made a motion to approve the application of Matthew and Sandra McDonald with the condition that a note is added onto the site plan indicating that there is indeed a 50 ft. clearing limit and location of the footpath to provide access to Black Hall Pond and that location be shown.

Discussion:

White suggested the commission review the plan to assist in the proper wording for the motion.  

Linde stated for clarification on the plan that a line be delineated with a unique symbol to avoid confusion with other lines and also that line type be noted in the legend.  O’Donnell asked if the footpath could be less than 40’.  White stated it definitely could be but he wanted to allow enough area to allow some flexibility in installing the footpath.

Bechtel motion was withdrawn.

Linde made a motion to approve the plan with the no clear zone as represented on the plan with a clear delineation with a distinct line type and that distinct line type be noted in the legend and a notation that any alteration to this plan has to come back to this commission and a recognition that there be a 40’ area where clearing may be permitted to allow access to Black Hall Pond along the property line to the north.
Griswold seconded the motion.  The motion passed unanimously.


Page 10 – Minutes
IWWC – 4-28-09


09-09 DAVID AND MARY EKLUND – 312 FERRY ROAD – 9 LOT SUBDIVISION.  NO ACTIVITY PROPOSED WITHIN THE WETLAND OR THE 100’ REGULATED AREA.  

Matthew White from Angus McDonald and Gary Sharpe and Associates presented the plan.  White stated the commission walked the site and he was not aware of any changes that needed to be made to the plan other than some discussions about limits of clearing.    The commission discussed clearing limits that Mr. White had shown on the plan.

Bechtel stated that she had a problem with the two houses that are located behind the existing house being too tight.  Bechtel stated she did not find those to be viable layouts for those two properties.  Linde suggested that those two lots be consolidated into one lot.  O’Donnell asked if the area was flat?
Bechtel stated it was flat in some areas but there is a slope.  White stated the commission would be reviewing individual site plans for each of these lots when construction began.  He further stated those site plans would propose a limit of clearing which would be as limited as it could possibly be but they could not go beyond the 50’ mark.  He stated that they are fairly tight lots with some grading but they have demonstrated it is possible to build good size houses without any activity within 100’ of the wetlands.  

DiCamillo asked White how there could be no activity when the corner of the house is right on the line.  DiCamillo stated when the foundation is installed there will be activity outside of the area.

Bechtel stated it is no longer realistic for the commission to assume that they can enforce it or that it is what people desire.  White asked the commission about submitting a plan that showed a 25’ encroachment so that there could be a more practical cleared area and then there would be a regulated activity but in the context of a 9 lot subdivision on 19 acres it would be very minimal and also not located in a steep area.  

O’Donnell asked what size house was proposed on the plan?  White stated it was approximately 2,500 sq. ft.  White stated it is perfectly possible to have suitable lots with smaller houses.  

The commission felt that two lots in that area was putting the wetland at risk.  

White stated one of the discussions earlier this evening on a different subdivision had a lot more regulated activities and therefore, he is not sure why this subdivision is required to have no regulated activities.

Linde and Bechtel agreed there might be a prudent alternative to what is proposed.  DiCamillo stated he agreed with the commission’s thoughts and concerns and recommended that only one home be proposed instead of two.  O’Donnell indicated she had not walked the site.  White agreed to walk the site with her prior to the next meeting.

Page 11 – Minutes
IWWC – 4-28-09

White agreed to come back to the commission with a revised plan prior to the next meeting.

Griswold asked if the lot size needed to be increased for rear lots.  White indicated they were required to be 25 percent larger.

Linde noted that he had no further concerns on the proposal besides those two lots.  McCulloch asked about the proposed open space.  White pointed out the open space and noted he has not received comments back from the committee.  McCulloch asked who would be liable for the pond.  White noted the pond itself is not on any of the lots and is located in the open space parcel so whoever the parcel goes to would be liable for the pond.  McCulloch stated a lake does not meet the criteria for open space.  

09-10 TOWN OF OLD LYME – 109 FOUR MILE RIVER ROAD – CONSTRUCTION OF A NEW BUS PARKING FACILITY.  ACTIVITIES WITHIN THE UPLAND REVIEW AREA.

Bechtel reported that a number of the members were asked if the engineer needed to be present and they indicated he did not need to be present, therefore the engineer did not attend. Bechtel stated she did however request fuel handling procedures because of the possibility of spillage.  Bechtel discussed the three page memo along with a memo from Tim Griswold discussing who would be the point person should a spill occur.

Griswold stated when he reviewed the document there were items that made him feel more comfortable, however he questioned who would hear the alarm in the middle of the night should a spill occur.  The commission suggested that the alarm be connected to something similar to AT& T or Valley Shore dispatch service.  

Linde stated he felt the document was inadequate and felt there were too many open ended items.
Linde further stated he felt these items could be straightened out easily but felt there should be a specific plan in place and an outline to whom exactly the first call goes and everyone after that..  He stated this is not a sufficiently detailed plan.  

O’Donnell asked who drafted the three page document.  Bechtel stated the engineer who is doing the work for the town explained that this is somewhat of a proforma for how this work done and then this is given to whoever has the bus contract to implement.  Bechtel stated the engineers cannot get more specific because they don’t know who will get the contract.  That is why she requested that there be a point person.  

Linde made a motion to approve the plan contingent upon submission of a spill contingency plan acceptable to the Wetlands Commission prior to construction.  Bechtel seconded the motion.  The motion passed unanimously.  

Linde agreed to meet with Tim Griswold should he wanted assistance in drafting the plan.


Page 12 – Minutes
IWWC – 4-28-09


09-11  ROGERS LAKE AUTHORITY – ROGERS LAKE – INSTALLATION OF 5 SEMI-PERMEABLE MATS

O’Donnell stated she reviewed the links for the companies and did not find anything to alarming.

Griswold made a motion to approve the application of the Rogers Lake Authority to install 5 semi permeable mats.  DiCamillo seconded the motion.  The motion passed unanimously.

OTHER BUSINESS

REGULATION REWRITE

Linde stated he would be providing information at the next meeting.

LORDS WOODS ENFORCEMENT

Bechtel stated she has walked Lords Woods.  She noted that Ann Brown indicated that Dr. Awwa has three buyers that are ready to purchase except for the liens, therefore she felt there would be some action soon.  Bechtel also noted that Diana Johnson is in contact with Attorney Cassella regarding this matter.  

MILL LANE PROPERTIES

Skip DiCamillo asked if Ann Brown visited the site.  Bechtel indicated she had not heard anything with regard to the site but would ask Ann Brown to follow up on this possible violation.


25  LIBRARY LANE

McCulloch stated that the silt fence on the far side of the house is not functioning properly.   Bechtel stated she would discuss this issue with Ann Brown also.

Bechtel encouraged commission members to stay on problem areas that they notice in an effort to stop progress before the damage is done.  

Respectfully submitted,


Kim Groves
Land Use Administrator