OLD LYME INLAND WETLANDS AND WATERCOURSES COMMISSION
PUBLIC HEARING AND REGULAR MEETING
TUESDAY, JULY 28, 2009
PRESENT WERE: Chairman Bechtel, Robb Linde, Evan Griswold, and Dave McCulloch and Mike Moran.
Bechtel called the meeting to order at 7:35 p.m.
MINUTES OF MEETING DATED JUNE 23, 2009
Evan Griswold made a motion to approve the minutes as submitted. Dave McCulloch seconded the motion. The motion passed unanimously.
MINUTES OF SITE WALK MEETING DATED JULY 9, 2009
Evan Griswold made a motion to approve the minutes as submitted. Bechtel seconded the motion. The motion passed unanimously.
NEW BUSINESS
09-21 – PAUL AND CHRISTINE WYSOCKI – 19 BRIGHTON ROAD – CONSTRUCTION OF AN OVERPASS/BRIDGE IN ORDER TO PRESERVE AND MAINTAIN BOTH SIDES OF THE WETLANDS
Christine Wysocki was present to discuss her application with the commission. Ms. Wysocki reported that the wetlands are located in the rear of her yard and run from the north border to the south border all the way across the property Wysocki stated that their property abuts White Sands Beach and as a result they get a lot of debris from the beach in that wetlands area. Wysocki distributed photographs for the commission to review of the area. Brown reported that the walkway/bridge structure has already been built at the site because the applicant was not aware that she needed permits. The commission agreed to set a site walk for Wednesday, August 5th at 5:30 p.m. Bechtel asked the applicant to submit some of the photographs presented to the commission to keep as part of the
file.
Page 2 – Minutes
IWWC – July 28, 2009
PUBLIC HEARING
JOSEPH AND TAMARA MCARAW – 23 TALCOTT FARM ROAD – CEASE AND DESIST ORDER – CLEARING IN THE REGULATED AREA IN VIOLATION OF PERMIT 07-09.
Bechtel noted for the record that she listened to the tapes of the public hearing. Bechtel stated she felt all of the details were resolved at the last meeting. She further noted that the commission received a letter from the Talcott Farm Association indicating that the restoration plan that was submitted on June 23, 2009 along with the conditions that were discussed and outlined in the meeting minutes were acceptable to them.
Bechtel made a motion to accept the restoration plan as submitted on June 23, 2009 along with Items 1 through 7 which are the stipulations that Attorney Dolan reviewed with the commission.
1. A maintenance plan should be provided.
2. Each individual planting will be provided with a 3” perimeter of mulch.
3. There will be a requirement to replace any plantings that die.
4. The commission will visit the site at the time of planting, and for two consecutive
years after that.
5. The applicant will repair the curtain drains as soon as possible.
6. The commission will be provided with the name of the person or company which
will undertake the plantings.
7. A certification of plantings will be provided to the commission that the work was done as shown on the plan.
Discussion:
Bechtel asked if the Cease and Desist order should be lifted at this time. Brown stated she did not feel it would matter either way. Brown stated she did not feel the commission needed to keep the order in place. Brown also noted that the conditions include reviews by this commission over the next two years. Brown stated maybe the order should be left in place and the commission will grant the applicant permission to go ahead with the restoration and at the end of the two years the commission will revisit the issue.
Linde stated the only issue would be if the applicant decided to sell the property the Cease and Desist would be filed on the land records for the next two years. He further stated the commission might want to keep it in place because the new owners would be required to grant the commission access to the property. Brown stated if this action interfered with anything the applicant might want to do they could always come back before the commission for a modification.
Page 3 – Minutes
IWWC – July 28, 2009
Bechtel amended her motion to include that the Cease and Desist remains in place until the conditions are met.
Evan Griswold seconded the motion. The motion passed unanimously.
The commission agreed to carry this item under the enforcement report as an action item.
OLD BUSINESS
PENDING APPLICATION
09-20 – REGIONAL SCHOOL DISTRICT 18 – 69 LYME STREET – ACTIVITIES ASSOCIATED WITH THE IMPROVEMENTS TO SUPPORT THE PROPOSED RENOVATION AND EXPANSION OF THE LYME/OLD LYME HIGH SCHOOL. PUBLIC HEARING SET FOR AUGUST 25, 2009.
Evan Griswold asked if any new plans had been submitted since the last meeting. Ann Brown stated that no new plans had been submitted, however she was expecting an application to the Zoning Commission. Dave McCulloch asked if any concerns were raised at the site walk. Bechtel stated the site walk was fairly cut and dry and was really just a matter of reorienting the commission members to the lay of the land. She noted that there were two questions raised. The first question was about the geo-thermal tailings from the well drilling. Bechtel stated the other issue was the drainage because as the commission walked the site it was quite obvious on the ground that there was a fair amount of washout coming down the steep hillside to the existing level spreader.
Bechtel requested that a soil scientist sign off on the plan. Brown stated it appears that they have used the old maps which were created by DiCeasre-Bentley Engineering who is the firm who did the original mapping. Brown stated she informed the applicant that live signatures would be required on the plans. Brown asked if the commission would like the wetlands reflagged. Bechtel stated yes, she felt the site needed to be re-flagged. Brown asked if they needed to flag the wetlands where there would be no disturbance. Bechtel stated that if there was sufficient distance between the wetlands and any proposed activity than it would not be necessary.
ENFORCEMENT REPORT
FMTM
Brown noted she had recently visited the site and nothing has been done. Brown agreed to contact Frank Martone.
Page 4 – Minutes
IWWC – July 28, 2009
LORDS WOODS
Bechtel stated she had visited the site. Brown stated that the commission agreed a month ago if the outstanding items were completed they would hold a Special Meeting to remove the Cease and Desist Order, however these items have not yet been completed. Brown also noted the items are supposed to be completed by August 30th, 2009.
OTHER BUSINESS
LONG ACRE LANE
Brown reported that she received a call from a commission member stating that someone was cutting trees in the wetlands. Brown reported that she visited the site and noted they were removing four failing trees that were not located in a wetland.
7 MILL POND LANE
Bechtel asked for the status of 7 Mill Pond Lane. Brown reported that a Notice of Violation has been sent to the property owners. Bechtel asked Brown to follow-up with the property owner prior to the next meeting. Bechtel asked Brown if she had visited the site. Brown noted she had not visited the site because of the photographs that had been submitted.
REGULATION REWRITE
The commission agreed to finish up the regulations in August if time allowed at the end of the meeting.
ADJOURNMENT
Bechtel made a motion to adjourn the meeting. Linde seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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