INLAND WETLANDS AND WATERCOURSES COMMISSION
SPECIAL MEETING AND PUBLIC HEARING
TUESDAY, NOVEMBER 3, 2009
PRESENT WERE: Janet Bechtel, Robb Linde, Sabine O’Donnell, Dave McCulloch, Evan Griswold and Skip DiCamillo.
REGIONAL SCHOOL DISTRICT 18 – 69 LYME STREET – ACTIVITIES ASSOCIATED WITH SITE IMPROVEMENTS TO SUPPORT THE PROPOSED RENOVATION AND EXPANSION OF THE LYME/OLD LYME HIGH SCHOOL
Bechtel stated the hearing was closed at the Tuesday, October 27, 2009 meeting at which time ‘draft’ conditions of approval were submitted for the commission to review.
The commission reviewed the language.
Janet Bechtel made a motion to approve the Conditions of Approval as amended tonight.
Activities associated with site improvements to support the proposed renovation and expansion of the Lyme/Old Lyme High School.
The application includes all documents listed on the Exhibit List and all testimony heard during the Public Hearing.
Approval is granted to conduct the regulated activities described in this application subject to the conditions listed below:
- The location of the propane tank and access to the filler valve shall be outside of the 100’ review area; if the final location chosen is within the 100’ review area, approval of the location by the IWWC is required.
- A “No Dumping” sign shall be installed at the west end of the wetland finger.
- An Erosion and Sedimentation Control Sequence Narrative must be included on the plan.
- The planting plans in the drainage basins are acceptable; the narrative shall be included on the construction plan.
- Clearing limits shall be field staked by a Licensed Land Surveyor and inspected by the IWWC’s consulting engineer prior to any clearing.
- Erosion and Sedimentation Control structures must be installed prior to any clearing.
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- A copy of the Integrated Pest Management Plan must be submitted to the IWWC, and the IPMP is incorporated into this approval.
- A signed and sealed copy of the Storm Water Pollution Prevention Plan must be submitted prior to issuance of the IWWC Permit.
- The Post construction Stormwater Management System Maintenance Plan is a condition of approval of the IWWC Permit.
- A copy of the DEP General Stormwater Permit must be submitted.
- The Kleinfeltder/Finch letter of 8/6/09 to Webb, and the CHA/Sousa letter of 8/19/09, are incorporated into the plans as applicable, and as a condition of approval.
- Erosion and Sedimentation Control bonding estimate, securing the protection and restoration (if necessary) of the wetlands and watercourses, shall be submitted to the IWWC for approval; and any bond required shall be held by the IWWC and must be in submitted prior to commencing construction.
- A Replanting Bond estimate, securing the planting, maintenance and replacement (if necessary) of the buffer and/or wetlands plantings and landscaping noted in these plans, shall be submitted for approval by the IWWC. As this replanting plan pertains to water quality issues, which ultimately relate to the protection of the adjacent wetlands, this bond shall be held by the IWWC until the plantings have been established to the satisfaction of the Commission.
If the IWWC determines that School District 18 will require and hold bonding which will adequately protect the wetlands, the IWWC may, at its discretion, choose to wave the bonding requirements of this approval.
The applicant’s wetland scientist and/or landscape architect shall verify to the IWWC that the plantings have been completed in substantial compliance with the approved plans.
The design engineer shall monitor installation of the stormwater drainage system and provide verification to the Town's consulting engineer that the installation has been constructed in substantial compliance with approved plans.
- During construction, if the site contractor believes changes, deviations or modifications ("changes" hereafter) to the driveway, site grading or drainage ("improvements" hereafter) from that which was approved within areas regulated by the Commission are necessary, the contractor must first apprise the design engineer of the proposed change, who must then assess the proposed change as it relates to the overall project. The design engineer must then present the proposed change to the Old Lyme Zoning and Wetlands Enforcement Officer and the Town's consulting engineer, or an independent 3rd party satisfactory to the Old Lyme IWWC and the Town, for consideration. If it is deemed a significant
change by the Wetlands Enforcement Officer and/or Town's consulting engineer, the applicant shall seek approval from the Commission prior to enacting the change. Otherwise, minor changes can be approved by the Wetland Enforcement Agent and/or the Town's consulting engineer. The initial assessment of any
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change to improvements from approved plans and conditions will be the responsibility of the design engineer and not the Town.
- If these plans change as a result of reviews by other agencies, commissions or individuals, revised plans must be forwarded to the IWWC and the WEO to determine if additional review by the Commission is necessary.
- Prior to the commission issuing a Permit, the final engineering details and bonding estimates must be acceptable to and approved by the Commission’s consulting engineer.
- Not less than five (5) working days prior to the initiation of construction (which shall include any site clearing), the contractor shall arrange a pre-construction site meeting with a representative of the applicant, project design engineer, Old Lyme Zoning and Wetlands Enforcement Officer and the Town's consulting engineer, or an independent 3rd party satisfactory to the Old Lyme IWWC and the Town, (to be hired at the applicant's expense), to monitor the project and all aspects of the Erosion and Sedimentation Controls, and to conduct necessary site inspections and issue status reports to this Commission, its agent and the Town.
- Three paper copies of the modified plans incorporating these conditions as applicable must be submitted to the Inland Wetlands and Watercourses Commission prior to issuance of the Wetlands Permit and prior to beginning construction.
Two copies of the As-Built plan shall be submitted at the completion of the project.
The IWWC commends the School Board and Staff in their efforts during the approval process to protect the wetlands; and the IWWC commends the School Board and Staff for their stated intention to include a Wetlands Education Program as part of this project.
Robb Linde seconded the motion. The motion passed unanimously.
PUBLIC HEARING
RICHARD M. & DONNA D. BATTALINO – 166 MILE CREEK ROAD – CEASE AND DESIST ORDER – WORK EXCEEDING THE SCOPE OF THE WORK OUTLINED IN APPLICATION #09-25 WHICH IS PENDING BEFORE THE COMMISSION
Bechtel reported that Mr. Battalino contacted her upon receipt of his Cease and Desist Order. She stated he was very concerned because he did not feel he had exceeded the scope of his pending permit or was doing anything in violation of what was discussed at his site walk. He also stated he didn’t want to upset the commission and therefore asked if she would visit the site. She reported that she and Dave McCulloch visited the site. She stated Mr. Battalino had a landscaping wheel and had marked the 100’ from
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the edge of the pond and flagged it with invisible fence dog flags. Bechtel stated Battalino is not working within the 100’ review zone from the edge of the water body. Griswold asked if wetland soils extended outside the pond. Bechtel stated they didn’t appear to extend into the upland area where he was working. She stated the wetlands definitely extended from the edge of the pond across the driveway over to where there is a wetland finger, but he was working was up by the VanPatten property. Griswold expressed concern as to whether the wetland extended beyond the pond edge and noted it was difficult to determine without a delineation of soils. Bechtel was asked if Battalino had taken down the dead trees. She said he had not, as he was waiting for the commission to
vote on the application, which is why he started working on the stonewall up by the street while waiting for his approval. Bechtel stated there is a huge split-crotched tree that is rotted that Battalino would like to take down and while on the site with Dave McCulloch they agreed that it should come down because it is dangerous. Griswold asked if that would leave any dead trees on the property for the habitat. Bechtel stated she did not think any remained but noted there were probably dead trees in the adjacent wooded area on the other side of the driveway.
Robb Linde said he felt the commission was satisfied that Mr. Battalino is not in violation.
The commission discussed the trees as to whether they felt there was potential danger or imminent danger.
Bechtel stated her preference would be to look at the trees as imminent danger and deal with it tonight only because a tree in the area recently came down and destroyed one vehicle and damaged another in a neighbors’ driveway.
Robb Linde made a motion to lift the Cease and Desist Order and to explicitly allow Mr. Battalino to remove the three dead trees due to the imminent danger of falling and causing injury. He stated that one tree is located near the pond edge, one is across the driveway and the third is a split-crotched tree located approximately on the 100’ review zone. He also stated the commission rendered a finding of no violation at the site. Skip DiCamillo seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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