OLD LYME INLAND WETLANDS AND WATERCOURSES
PUBLIC HEARING AND REGULAR MEETING
AUGUST 25, 2009
PRESENT WERE: Chairman Janet Bechtel, Mike Moran, Skip DiCamillo, Sabine O’Donnell and Dave McCulloch.
MINUTES OF MEETING DATED JULY 28, 2009
Dave McCulloch made a motion to approve the minutes. Mike Moran seconded the motion. The motion passed unanimously.
MINUTES OF SITE WALK MEETING DATED AUGUST 5, 2009
Dave McCulloch made a motion to approve the minutes. Janet Bechtel seconded the motion. The motion passed unanimously.
NEW BUSINESS
09-23 JOHN AND DARYL HORNBY – 7 MILL POND LANE – CLEARING, ROCK REMOVAL AND RELOCATION, APPLYING TOP SOIL AND RESEEDING WITHIN THE REGULATED AREA.
Bechtel noted that a map and photographs were submitted to the commission for review. Bechtel also noted that this application was submitted to the commission as a result of an enforcement notice that was issued for clearing in the regulated area.
Mrs. Hornby stated that the area around the house was very overgrown. She further noted that contractors working around the house recommended that some clearing be done at the site. Hornby reviewed the drawings with the commission.
Bechtel asked when the silt fencing was installed. Hornby noted it was just recently put in place. Bechtel reported that another property recently came before this commission and at that time this commission required that they maintain a vegetative buffer around the pond. She noted that she did not feel that 10’ was adequate because the purpose of the buffer is to pick up any runoff and help it infiltrate into the ground and filter it before it gets into the pond. Bechtel further stated that she did not feel this commission would have allowed the extensive amount of clearing that has done on the property. She stated it was obvious from the photographs that this clearing had been going on for along time and apologized that the commission did not act on this earlier so it could have been
prevented.
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Hornby stated that this house would not currently be allowed to be built due to its close proximity to the wetlands. Bechtel stated she understood that but the commission still needs to limit the activity within the regulated area. She further stated if a permit had been applied for prior to the clearing the commission would have visited the site and made a determination as to what clearing could be done on the site. Bechtel noted the commission generally requires a 30’ buffer, however the commission would be willing to visit the site and understand the individual circumstances and possibly adjust that 30’ buffer. She also noted the commission recommends a natural buffer designated as a no-mow area (except for once a year).
Skip DiCamillo asked if any major trees were removed from the site. Hornby stated that there were some damaged trees that were taken down at the site.
The commission agreed to schedule a site walk for Thursday, September 17th at 5:30 p.m.
PUBLIC HEARING
09-20 REGIONAL DISTRICT 18 – 69 LYME STREET – ACTIVITIES ASSOCIATED WITH SITE IMPROVEMENTS TO SUPPORT THE PROPOSED RENOVATION AND EXPANSION OF THE LYME/OLD LYME HIGH SCHOOL.
John Rhodes, Director of Facilities and Technology, for Regional School District 18 introduced the team members working on the project: David Arthur, Project Engineer, CHA; John Scheib, Architect; Ken Biega, O & G Industries; Dick Webb, Senior Project Manager, CHA; and Ben Rieger, Environmental Specialist, Kleinfelder.
Webb stated that a complete application has been submitted to the commission along with proof of mailing receipts.
Ben Rieger stated that there are three sections of wetlands on the site. He reviewed those areas on the map with the commission. He stated the biggest and most significant wetland is a wetland finger that feeds into a large pond area and below it goes through a shrub wetland and into a more defined channel and opens up into Appleby Pond through the Library Lane culvert and then out to Long Island Sound. He stated this is a high functioning wetlands system.
He stated the second wetland system is a little tiny piece in a wooded area between the parking lots and one of the tennis courts and the existing softball field. He stated that wetland is fed to some extent from the surface water flow off the slope.
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He stated that there will be no work in the proximity of the third wetland area on the property.
Dick Webb stated that the graphic illustrates the proposed site plan for the property. He stated that the existing facilities at the high school are being completely renovated inside as well as the exterior skin. He noted the blue areas are proposed building expansions and those areas will be enclosed in the renovation and be a part of the high school facilities. He stated this increases the building’s impervious totals to 17,700 sq. ft of additional building coverage both for the high school facility and the maintenance facility. He noted one of the other site improvements for the project is to address the circulation conflict that exists at the entrance to the high school. He noted the existing single drive is compounded with both parent and bus drop off operations and
angle parking as well as pedestrians. He stated the proposal will improve the circulation which includes the construction of a dedicated bus drop off area separated by a dedicated parent drop off area separated by the parking areas. He stated the 67 parking spaces that currently exist on the entrance road are will be relocated so there is no increase in total parking on the site.
McCulloch asked if the proposed parking areas will be repaved. Webb stated that was correct. He stated that the driveway areas will be asphalt and the walks will be a concrete walk system. Webb stated that included in the walks will be an improved access for pedestrians all the way out to Lyme Street.
He stated they are also proposing the construction of a paved circulation access way that goes behind the school. He stated that currently the access must come through Center and Middle School via a dirt road and the intent is to eliminate that crossing. He stated the total paved roadway improvements equal 47,500 sq. ft. and the walkway improvements total approximately 13,000 sq. ft. He stated the existing impervious coverage was at 23.3 percent and there has been a 2.8 percent increase which totals a proposed 26.1 percent.
Webb stated that the athletic fields are proposed to be reconstructed and renovated as part of the project. He stated the area between the middle school/high school will also be used as the construction lay down and staging areas during the construction. He stated the construction of the roadway will involve the reorientation of the varsity softball field.
Webb stated that they have also submitted a supplemental information package that involves the re-grading of the future proposed lower baseball field in an effort to balance the site work operations. He stated that grading does not include any increase fill beyond the existing. He noted they have added handicap and emergency parking to this area. He stated this proposal also includes adding some additional fill in the existing cleared area that is now the leach field for the building. He noted this activity is completely outside the regulated buffer area.
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McCulloch asked Mr. Webb what the reason was for placing additional fill in that area. Webb stated it was in an effort to avoid the cost of site disposal and trucking.
O’Donnell asked why this activity required DEP approval. Webb stated that the septic system is a DEP approved and designed system so any changes required approval from their agency. He noted the designer of record for that system has applied for the approval and received a verbal okay but has not yet received the written approval. Webb also noted that this area is all outside the regulated area and all the work will be in the existing cleared area. O’Donnell noted that the commission did not walk that particular area and suggested that the commission do so prior to the next meeting.
O’Donnell asked if all the gray shaded areas on the plan were asphalt. Webb indicated that was correct. He noted the darker grey is the proposed reconstructed bituminous. O’Donnell asked again for the numbers for the increase in impervious surface. Webb stated the increase in roadway pavement is approximately 47,500 sq. ft. and the new walkways are approximately 13,000 sq. ft. Webb stated the overall percentage of impervious on campus right now is 23.3 % and the proposed is 26.1%.
DiCamillo asked how many parking spaces are currently at the site. Webb stated there are 67 spaces and the spaces located in the entrance approach area will be moved but the amount of spaces will remain the same.
Moran asked how much of the pavement would be runoff and how much would be diverted into a basin heading out to the wetlands. Dave Arthur stated none of the pavement in this area (side of the high school) is directly connected (i.e. there are catch basin drains that pick it up and bring it to a storm system so it all goes over land prior to entering wetlands (the other side of the site is captured and treated prior to entering the wetlands).
Arthur stated that during construction the flow to the Library Lane pipe will be disconnected and brought down to the detention basin. He further stated there is still one very small drainage pipe that will still continue to drain down to that area. Arthur used the graphic site plan to review all the drainage on the site with the commission.
O’Donnell asked if the wetland enhancement plan presented in the package applied to the small drainage swale. Arthur stated that was correct.
O’Donnell stated one of the areas she is most concerned about is the rock check dam area. She asked the applicant to explain how this dam would work, and what grading changes would be necessary, and also the plan for any escaping water.
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Arthur stated the contractor has some flexibility with the construction but there is a requirement for a certain volume and configuration. He stated they provided a configuration to protect the wetland area from the geo well field construction which would be a swale on either side of the area essentially draining the water to a temporary sediment basin and this is sized with dry storage and wet storage. He stated in these temporary swales are rock check dams which are a pretreatment for the area. He stated it filters the water and pulls back sediment. He stated the overflow from the temporary sediment trap goes into a water body below that it sits in called wet storage.
O’Donnell asked in that area what level would they expect groundwater? Rieger stated that tests were conducted and the level is below six feet.
O’Donnell asked if there were alternative locations for the rock check dam. Arthur stated the location could be moved. O’Donnell stated it would seem that it could be moved closer to the well field if there are additional measures needed. Arthur stated that was correct. O’Donnell asked what would happen at the end when the construction is completed with the sediment that has collected in the basin. Arthur stated the basin and sediment will eventually be regraded out and filled in. DiCamillo asked if all the sediment would be used. Arthur stated the sediment from the well will be moving with very fine particles and therefore will take a long period of time.
Ken Biega stated he is currently working on a project in Waterford and reviewed what he had experienced at that site with the commission. O’Donnell asked if the distances to wetlands were similar in Waterford as to this site. O’Donnell asked if it would be possible for the commission to review photographs of that site when it is completed. Biega stated he would be happy to provide the commission with photographs. Further discussion ensued and the commission agreed to visit the Waterford site on Thursday, August 27, 2009 at 5:30 p.m.
Bechtel asked if it would be possible on the final plans to show a designed sediment trap with proposed locations as opposed to having a plan approved that looks like it is the one permanent place. Arthur stated the location will have to be changed as construction goes on the site conditions will dictate the location.
Bechtel asked how the stockpiles would be stabilized on the site. Arthur stated they would have a silt fence around them with hay bales. Bechtel asked if there were any provisions to cover the stockpiles in the case of a known natural event such as extremely high winds. Arthur stated they have not done it before but they could tarp the pile. Biega suggested that erosion control blankets be put on top of the piles.
McCulloch asked the applicants if they had thought about using impervious concrete which would eliminate a lot of the surface flow outward and possibly get rid of the
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vortechnics and basin. Rhodes stated it is very difficult in the northeast because of the necessity to sand the walk areas in the winter after snowfalls.
Mike Moran asked if any school system has ever installed a storage system that would collect water that could be used on the athletic fields. Beiga stated that when the water is needed it would not necessarily be there. Rhodes stated that the rainfall in this area would never be adequate for the fields.
Webb stated that he realized that due to the fact the commission had not yet received comments from Tom Metcalf the hearing would need to be held open, but asked if there were any further environmental questions the commission could forward them to Mr. Rieger prior to the next meeting because he would not be able to attend.
DiCamillo asked how much of tree line would be disturbed in the buffer area. Webb stated there would be a small amount of clearing approximately 25 to 35’ into the buffer area.
O’Donnell asked if the assumption was that none of the sediment from drilling 100 wells would reach the wetlands. Arthur stated that was correct.
O’Donnell asked if they anticipated communication between the groundwater and the wetland system. Reiger stated the groundwater in this area absolutely communicates with the wetland system.
McCulloch asked about the use of herbicides and fertilizers on the lawn. Reiger stated the district is committed to no herbicides and no pesticides approach and using an organic slow release fertilizer system.
O’Donnell suggested that the commission might want to hire their own environmental expert if after the site visit the commission feels it necessary because of the close proximity to the wetlands warrants a second opinion. Brown asked if the commission would want to send the application to Wendy Goodfriend for her review. Bechtel asked Ann Brown to check and see if Ms. Goodfriend is available and if so to provided her with a list of items that the commission would like her to review and comment on prior to the next meeting. Brown agreed to contact Ms. Goodfriend. O’Donnell also asked Brown to inquire about further information with regard to geo-thermal wells. Brown agreed.
Bechtel noted the public hearing would be continued until September 22, 2009. The commission also agreed to walk the leaching area at the high school after visiting the Waterford School on Great Neck Road on Thursday, August 27th, 2009.
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SHOW CAUSE HEARING – FMTM, LLC, APPLICANT. PERMIT 06-08 AS APPROVED AND MODIFIED. HEARING TO DISCUSS AND TO ACT TO CALL THE BONDS IN ORDER TO REGRADE, STABILIZE AND SECURE THE SITE AT 254 AND 254-1 BOSTON POST ROAD, IN ORDER TO PREVENT EROSION AND POLLUTION OF THE WETLANDS AND WATERCOURSES.
Bechtel stated the commission scheduled this particular hearing because they are concerned about potential erosion on the site.
Martone stated his landscaper is scheduled to stabilize the areas. He stated this would include seeding, haying and smoothing out the area.
Bechtel noted that since the commission has not yet received an as-built for Phase I that area is not ready to be paved. Martone stated his goal is to pave this fall but it will depend on his financial situation.
Bechtel asked if the landscaper would be addressing any of the failures in the silt fencing. Martone asked if she meant Phase I or Phase II. Bechtel stated she was concerned about Phase II. Martone stated he would review and address the situation. Bechtel stated she did not want Mr. Martone to have his contractor leave the site prior to the commission reviewing the work in order to prevent the expense of having to bring him back to the site. Martone suggested that he meet with both Ann Brown and Tom Metcalf at the site.
Brown stated that currently the site is quite rough and therefore if his landscaper was unable to finish the necessary work at the site the commission could take the bond money that is in place for erosion and sedimentation control and use it to restore and finish the site off in some sort of way. Brown asked Martone what his intentions were at the site. Martone stated he was thinking of making the area a little smoother and if the commission has more in mind he suggested the commission use the bond money. He further stated the question is to what extent the commission wants to clean up the site. Brown stated the money could be used in a cooperative way to help Martone to properly get the work down.
Martone suggested that he and Mr. Metcalf visit the site to better understand what exactly needs to be done at the site. The commission agreed.
Brown also suggested that hay bales be installed to prevent further scouring until the paving is done at the site.
Brown agreed to contact Tom Metcalf to set up a meeting at the site within the next two weeks.
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OLD BUSINESS
09-21 PAUL AND CHRISTINE WYSOCKI – 19 BRIGHTON ROAD – CONSTRUCTION OF AN OVERPASS/BRIDGE OVER WETLANDS IN ORDER TO PRESERVE AND MAINTAIN BOTH SIDE OF WETLANDS AND TO REMOVE DEBRIS.
Bechtel, who walked the site independently, stated she was informed that when the commission visited the site the applicants were told at that time that they did not need to attend tonight’s meeting; she further noted that the applicant is on vacation. Bechtel stated the commission did receive a letter from the White Sands Beach Association, opposing this application. This letter is now part of the application, however, as this application is not under public hearing, public input is limited.
Bechtel stated the commission could call a public hearing if they feel that there is a significant impact to the wetland and/or if the commission receives 25 signatures within 14 days after receiving the application (in this case, that date has come and gone).
Bechtel stated this can be continued until next month in order to provide the applicant the opportunity to attend.
John Capurso, Chairman of White Sands Beach, submitted a letter to the commission dated August 17, 2009. Bechtel asked if the letter the commission received represents his feelings. He stated that was true and also noted that the commission also received a letter from Attorny Nicholas F. Kepple. Bechtel noted she had not yet seen that letter. The letter was distributed by Attorney Kepple to the commission for their review.
Bechtel stated she would not put this application under public hearing because she did not feel it had significant impact from a wetlands point of view. She further stated she did not want to have too much discussion because she felt that the applicant had the right to hear any discussion. She further explained that the commissions concern is with impact to the wetland. She stated when she saw the bridge her questions was “Why” but that is not a wetland issue.
She further stated they did conduct the activity without a permit which happens quite frequently and very rarely is it truly done to sidestep this commission.
Attorney Kepple stated that since the structure was built without a permit there is perfect justification to review what its purpose is and to require whether the purpose of their statement is in fact perpetuated by the bridge.
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Capurso asked if the “Why” cannot be established to this commission’s satisfaction and alternatives for accessing that area are brought to light doesn’t that question why the wetlands should be penetrated. Bechtel stated the wetlands have already been penetrated and now the commission has to look at the potential impacts of going in and removing the structure. Bechtel stated the impact that has already been done does not in her opinion qualify as significant and to go back and take the structure back out has additional impacts.
Bechtel asked if the other commission members felt the activity is significant enough to hold a public hearing. O’Donnell expressed concern about setting a precedent. McCulloch stated that every application is evaluated individually. The commission agreed not to hold a public hearing but to continue the discussion until next month.
Skip DiCamillo noted for the record that he felt all the properties along that area had impacted that stream.
LORDS WOODS
Brown reported that it was her understanding that they have hired an outside engineering firm that is going to be doing the as-built as well as designing the parking spaces for the open space and repairing the level spreader. Brown stated this work is supposed to be completed by August 30th, 2009.
ENFORCEMENT REPORT
Brown reported that the town is about to be presented with several applications for new communication towers. She stated that this commission does not have jurisdiction over the towers but the First Selectmen will be holding a public hearing to gather public comments about the proposed projects. Brown distributed copies of the proposal for Cross Lane and noted the two other areas were located on Shore Road (adjacent to South Shore Landing Storage Facility) and adjacent to the South Lyme Post Office.
Brown noted that she wanted the commission to be aware that while they had no jurisdiction there was an opportunity for the public to comment on these applications to the Council. She also noted that they will allow the emergency services for the town to locate apparatus on these towers.
Respectfully submitted,
Kim Groves
Land Use Administrator
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