OLD LYME INLAND WETLANDS AND WATERCOURSES COMMISSION
PUBLIC HEARING AND REGULAR MEETING
TUESDAY, NOVEMBER 24, 2009
PRESENT WERE: Janet Bechtel, Sabine O’Donnell, Skip DiCamillo and Evan Griswold.
MINUTES OF MEETING DATED OCTOBER 27, 2009
Janet Bechtel made a motion to approve the minutes as submitted. Sabine O’Donnell seconded the motion. The motion passed unanimously.
MINUTES OF SPECIAL MEETING DATED NOVEMBER 3, 2009
Janet Bechtel made a motion to approve the minutes as submitted. Evan Griswold seconded the motion. The motion passed unanimously.
MINUTES OF SITE WALK MEETING DATED NOVEMBER 7, 2009
Janet Bechtel made a motion to approve the minutes as submitted. Sabine O’Donnell seconded the motion. The motion passed unanimously.
MINUTES OF SPECIAL MEETING DATED NOVEMBER 12, 2009
Janet Bechtel made a motion to approve the minutes as submitted. Skip DiCamillo seconded the motion. The motion passed unanimously.
NEW BUSINESS
09-36 – BRIAN FARNHAM – 29 NECK ROAD – INSTALL CEMENT PIERS FOR EXTERNAL STAIRCASE ON SOUTH SIDE OF GARAGE
Bechtel distributed the map that was submitted with the application for the commission to review. Bechtel noted that the property was located on the corner of Neck Road and Huntley Road.
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Brian Farnham stated he received wetlands approval about three years ago to construct a garage on his property. Farnham stated that the garage is currently unfinished and he would like to finish off the inside including a full bathroom and construct an external egress consisting of a 4 ft wide staircase. Farnham distributed photographs which showed the location of the staircase and its proximity to the wetlands. He stated also as part of his proposal he would be bringing water out to the building and tying it into the existing sewer system. Farnham noted that health code usually requires separate buildings to have their own septic systems but since the property is nearly all wetlands he would like to tie into the existing system. Bechtel noted that in terms of septic and tying into the
existing system that would not come under the purview of this commission and therefore would require approval from Mr. Rose, Town Sanitarian, Health Department.
Farnham also noted that he would like to place gravel around the entire perimeter of the building. Bechtel expressed concern because in the spring the rear of the structure is entirely under water. Farnham stated that the water is never any closer than what is shown in the photographs the commission reviewed.
O’Donnell asked why the garage would need an additional egress.
The commission agreed to set a site walk for Saturday, December 12th, 2009 at 8:30 a.m.
09-37 – DONNA SCOTT – 43-1 SAUNDERS HOLLOW ROAD – INSTALLATION OF INGROUND 1,000 GALLON PROPANE TANK
Preston Frantz, Building Contractor for the site apologized for not getting a permit. He further explained that the propane company indicated they applied and were granted a permit. He noted when he called for an inspection of the tank he was informed that the permit was applied for but never approved.
Bechtel asked if the tank was already in the ground. Mr. Frantz stated it was in the
ground. He stated he had already prepared the hole on November 16th prior to finding out that there was no permit for the installation.
Frantz distributed copies of a map which shows the location of the tank which is approximately 19 ft from the house and 34 feet from the wetlands. He also indicated the silt fence location on the plan. O’Donnell asked where the material was placed that was taken from the hole. Frontz stated the material was used between the tank and the house. He said a lot of the material was removed from the site because the hole needs to be filled with sand.
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Bechtel asked about the notation on the plan regarding the deck. Frantz stated he received a permit for the deck several months ago from both Zoning and Building. Frantz stated he was not told he needed a wetlands permit at the time his zoning permit was issued. Frantz indicated he was rebuilding an existing structure; however the existing piers were removed and replaced with new footings. O’Donnell stated she was surprised that the contractor was not aware that this was a regulated activity.
The commission agreed to walk the site on Saturday, December 12th, 2009 at 9:00 a.m. Bechtel stated since the ground is exposed the commission may be able to vote to allow the hole to be backfilled but this would not close the application. Bechtel stated the commission is also currently under discussion on how to handle the permits that are coming before the commission after the work has been completed.
The applicant submitted the application fee of $135.00.
09-35 KEVIN KEHOE/BARBARA STANLEY - ACTIVITIES PERMITTED BY RIGHT – 112 NECK ROAD
Bechtel stated that this item was under New Business last month. She further noted that the original application was a request to allow activities permitted by right on their property. She noted after visiting the site she felt the work being done was not the sort of work that falls under the permitted by right category. She stated the activity was within a regulated area that could be permitted, but asked the applicant to submit an application. The applicant submitted an application for the commission to receive and review. The commission agreed to table any action until the next meeting and encouraged the members who had not yet walked the site to do so.
PUBLIC HEARING
09-30 – WOODS OF OLD LYME, LLC AND OLD LYME HEIGHTS, LLC – OLD STAGECOACH ROAD – CONSTRUCTION OF A 38 LOT SUBDIVISION WITH PROPOSED ROADWAY
Bechtel stated the applicant was not present. Bechtel stated she received an email from Ann Brown who stated Mr. Muhsin had consulted with his associates and has chosen not to withdraw his application and requested that the hearing to be opened and continued until the January meeting. Bechtel explained that the reason this issue has arisen is because the applicant did not notify the abutting property owners about the public hearing as required in the regulations, therefore the commission cannot go forward and take any testimony. Bechtel stated it was unfortunate that it wasn’t explained to him that he needed to notify the abutting property owners, however it is still the responsibility of the applicant to send out the notices. Bechtel stated if the applicant was present she was going to ask
him if he would consider withdrawing his application and resubmitting
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because of the time frame requirement for conducting a hearing. Bechtel stated the commission does not meet again until January so therefore the commission will have to close the hearing in February which will not allow much time to receive testimony and act on the application.
Janet Bechtel made a motion to open and continue the public hearing until the January 26th meeting. Evan Griswold seconded the motion. The motion passed unanimously.
OLD BUSINESS
09-27 – FRANK MORELLI – 244 SHORE ROAD – CONSTRUCTION OF A 12 X 18 SHED
Bechtel stated that when the commission walked the site they notified the applicant that he did not need to attend the meeting. Bechtel stated the site plan clearly showed the location of the shed and noted it was a level piece of property.
Evan Griswold made a motion to approve the application as submitted. Janet Bechtel seconded the motion. The motion passed unanimously.
09-33 – BENNETT BERNBLUM – 9 CUTLER ROAD – CONSTRUCTION OF A FROST WALL ON THE SOUTH SIDE OF THE GARAGE WITHIN A 100’ WETLAND
Griswold stated when the commission walked the site it was noted that there was sufficient buffer as well as a good stonewall on the site.
Evan Griswold made a motion to approve the application with the condition that no activity take place on the opposite side of the stonewall from the construction. Bechtel seconded the motion. The motion passed unanimously.
09-28 – JOHN SZOZDOWSKI – 25 CONNECTICUT ROAD – REPLACEMENT OF A HOME THAT WAS DESTROYED BY A HOUSE FIRE IN 2008
Bechtel stated the commission walked the site. Szozdowski pointed out on the map a revised stockpile location as well as the silt fencing. Bechtel also noted that the tree line has been shown on the plan which indicates the limit of clearing.
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Skip DiCamillo asked if this was the property that the shed was supposed to be moved many years ago. Szozdowski stated that was correct and it was moved but since that time has been moved back. DiCamillo asked if it was moved back to where it was supposed to be moved from. Szozdowski indicated that was correct. He stated where it was located was right up against the wetland; however he stated he would be willing to move it back to the edge of the driveway. DiCamillo stated he would like the shed moved back to where the commission requested at that time.
Bechtel suggested the shed be relocated so that the back of the shed is in line with the silt fence line. Szozdowski agreed. Bechtel revised the map to show the approved location.
O’Donnnell asked this item be carried on the agenda under enforcement for follow-up. The commission agreed.
Janet Bechtel made a motion to approve the application as submitted with the addition of the shed relocation as shown on this particular map which is at the corner of the existing silt fence and that no grass clippings, leaves, or construction materials be placed beyond the trees. Skip DiCamillo seconded the motion. The motion passed unanimously.
09-32 CHARLES LARSON – 1 LAKE DRIVE – CONSTRUCTION OF A 10’ X 23’ DECK AND HANDICAPPED RAMP
Mrs. Larson submitted statements from the physicians whom currently treating Mr. Larson. Larson stated the house was constructed sixty years ago by her family. She stated currently her and her husband are full time residents. She stated because of current health reasons they would like to install a level egress from the house with a deck at the front door extending to the south side of the house that would gracefully follow the contours of the house toward the parking area. The commission reviewed the map of the site. Mrs. Larson indicated that the map does not show the significant buffer zone that has been maintained between the useable portion of their property and the water. She stated the entire water line is protected by a buffer that would reach to just about the corner of the
deck, therefore there would be no foot traffic past this area. She further noted that none of the topography of the land would be disturbed except for the footings that will be required to support the deck. She stated the deck will be designed in such a way that she felt it would be an enhancement to the property.
Griswold asked Mrs. Larson if she looked at alternative locations when she was designing the project. Larson indicated she did but noted the levels on the north side are a little difficult to work.
Bechtel asked if there was currently a walkway on the north side that enters into the door. Larson stated that was correct.
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Bechtel asked when the project was started. Larson stated it started in the fall. Bechtel asked why this project did not come before the commission for a permit before it was started. Chapman, contractor for the project, stated he wanted to make the deck flush with the sunroom so he put a beam and concrete piers in to see if this would work and support the structure but then some of his employees began further construction and he immediately stopped the work. Bechtel stated the deck has been framed out. O’Donnell asked if this was an existing deck. Bechtel stated it was not. Griswold stated all of the structural work has been completed and the only work remaining is to install the decking.
Bechtel stated when she visited the site she felt there was adequate access into the house on the east side where the walkway currently exists. She stated she understood why it needs to be ramped but it felt is was every bit as convenient for the driveway coming to the east side as coming from the south side. She stated what the proposed handicapped ramp does coming up the south side is it requires the deck to be extended out to a very precarious location in order to give the ramp access to the deck. Bechtel stated she didn’t understand why the deck wasn’t extended in the east direction. Chapman stated it was easier to come up the west side. Larson noted the well was in that area. Bechtel stated the deck could be built up over the well.
DiCamillo asked if the deck was on piers. Champan stated that was correct.
Bechtel asked if Chapman felt it was a gentle slope in the area of the three points of the deck that is furthest to the west and at the lake edge. Chapman stated he would not say it was a gentle slope. Bechtel stated that those three points completely go to tree and rock. Bechtel stated the gentle slope of the property is over by the well and towards the dock, therefore she finds the deck shows an excessive consumption of whatever buffer is there on that side of the house.
O’Donnell asked why a ramp could not be built on the opposite side of the house. She further stated the only argument she heard for not putting it on the other side is concern about it icing over in the winter. Larson stated that is true because it is located on the north side. Larson also expressed concern about the beech tree. Bechtel stated the beech tree is not at the corner of the house, but at the corner of the drive. Larson stated the current walkway goes right past the beech tree. O’Donnell asked the other members if they felt it would be a prudent alternative to locate the ramp on the east side. Bechtel and Griswold felt that the east side would be a better location. Griswold stated he could see having a place to sit outside but moving it so the corner
of the deck would be in line with the corner of the house. Griswold stated he could see the need and the desirability for a ramp but he did not see when he walked the property why it should be on the side that is proposed.
Bechtel stated that the commission could continue to discuss the application but as submitted she would propose a motion for denial. Discussion ensued and the applicant
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agreed to revise the application and the commission agreed to table any action until the January meeting.
09-31 DAVID BOURNE – 31 PIN OAK TRAIL – INSTALLATION OF A 500 GALLON PROPANE TANK
Bechtel stated the commission received an amendment to the application by the applicant requesting to drill a new well on the property. Bechtel asked if the well drilling truck was currently on the site. Bourne stated that no work has begun. He stated that he recently got an equity line and would like to make some of the necessary improvements. He stated he currently has a dug well located under his home. Bourne stated he revised the plan to show the well location as well as the propane tank locations. O’Donnell asked if there we any other alternative locations on the site. Bechtel stated after walking the property there were a number of reasons that other locations were not feasible. Bechtel asked if the plan showed silt fencing around the drilling area. Bourne stated
there are both hay bales and silt fencing shown on the plan. O’Donnell asked about an alternative location. Bourne stated he would have to remove a tree and he has very few healthy trees left on the property.
Griswold asked if he knew what the depth of the well would be? Bourne stated a well was recently drilled in the area and it was approximately 200 ft down. Griswold asked what would happen to the fines that come out of the well. Bourne stated that they would be removed from the site. O’Donnell asked if there were any measures that could be taken to prevent fines from reaching the lake. Bourne stated he could discuss this with the well driller. O’Donnell suggested the commission get some expert opinions on what protective measures can be taken while the drilling is happening. Bechtel stated the back yard is fairly level so containment of fines could be expanded up to closer to the house.
Bourne stated he could dig an additional hole on the site in the event things got of hand as a protective measure. Bourne again said after they dewater he would take them off site.
Bechtel suggested the hay bale area be enlarged because of its proximity to the water and it will then encompass more of the yard and the fines move in that direction. O’Donnell asked when the project would begin. Bourne stated he thought he would wait until after winter and begin in either March or April. O’Donnell asked if the applicant could notify the office prior to construction.
Bechtel made a motion to approve the application as submitted with the addition of a second collection hole and extended hay bales and that the applicant notify the commission before work is started. Evan Griswold seconded the motion. The motion passed unanimously.
Bourne asked the commission if they had any suggestions for plantings in the area that is eroding. He further stated that nothing has ever taken in that area. Griswold stated juniper would probably be the easiest. Bechtel stated that since this is not part of the
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application she suggested when he was ready to begin he approach the commission about plantings and they could review it at that time. Bechtel also supplied the applicant with a suggested plantings booklet.
09-34 HELEN FLYNN – 35 HILLSIDE ROAD – CONSTRUCTION OF A YEAR ROUND THREE BEDROOM DWELLING AND ASSOCIATED IMPROVEMENTS
Bechtel stated the commission walked the site and noted the only issue on this application was whether or not the house would have any impact on the wetland across the street. Bechtel stated after walking the site the commission did not feel there would be any impact because it is a totally level piece of property.
Bob Alfano, General Contractor for the site stated the owner has requested to move the house 10 ft forward which would put it in the regulated area to allow for more back yard area. Alfano distributed revised copies of the plan. He stated currently the house is out of the regulated area but moving it 10 ft it will place it in the regulated area. The commission reviewed the plan. Bechtel stated she did not feel this would have any additional impact.
Bechtel made a motion to approve the revised location of the house in the application as submitted. Evan Griswold seconded the motion. The motion passed unanimously.
WOODS OF OLD LYME
Hushin Muhsin arrived. Bechtel stated since he was not present when this item was discussed she explained that the abutting property owners were not notified as required in the IWWC regulations. Bechtel stated that since that did not happen the commission could not take any testimony. Bechtel stated the hearing was opened tonight but she would like to request that the application be withdrawn and resubmitted. Bechtel stated as soon as the public hearing is started there are deadlines for how much time the commission has to review the application so if we proceed with this public hearing being opened tonight then this commission cannot take testimony tonight and will not start taking testimony until the January 27th meeting which means if the commission has
questions and revisions are necessary it will all have to be done because the hearing must be closed on February 23rd. Bechtel stated she felt that timeframe might be tight. Bechtel stated if the application is withdrawn and resubmitted tonight the public hearing will still open in January but it will allow the applicant until April to keep the hearing open. Bechtel stated she thought this would be the best approach. Muhsin stated he would like to proceed with the hearing and not withdraw the application.
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ENFORCEMENT REPORT
JOSEPH AND TAMARA MCARAW – 23 TALCOTT FARM ROAD – STUATUS OF PLANTING RESTORATION PLAN
Groves stated that she contacted Attorney Sean Donlan to set up a time for the commission to walk the McAraw property. Attorney Donlan contacted the McAraw’s and they agreed to allow the commission to walk the site any Tuesday or Thursday beginning the first week in December. The commission set a site walk for Tuesday, December 1st, 2009 at 2:00 p.m.
DISCUSSION OF FORMAT AND REQUIRED FOLLOW-UP FOR AN EXPANDED ENFORCEMENT REPORT
Bechtel stated the enforcement report needs to be expanded to establish a format to help the commission with enforcement monitoring, and follow through on sites. O’Donnell agreed to work on a format.
HILLSIDE AVENUE
Bechtel stated when the commission walked Hillside Avenue there was a wetland on the other side that the neighboring property owners had been dumping into the hole. Bechtel stated she sent a letter out to the four abutting property owners stating that during a site walk the IWWC Commission noticed that there was dumping and to accept this letter as a formal notice that this activity constitutes a violation.
Bechtel stated one of the abutting property owners sent a letter back to the commission concerning the wetland. She stated this was a low area in a pasture. She stated before the property was divided into building lots it was part of a horse farm. She stated the low area was dug out so that if the horses died in the winter they could be buried. She stated it is not a wetland and she goes on to explain how the road has been flooded out and she was going to sue the town and the town agreed to do the drainage culvert and put it back under the road and allow them to fill the hole back in.
Bechtel stated if all of this information is true it is not a wetland and therefore there would be no violation. She stated it now currently serves to handle runoff so the road doesn’t flood. After much discussion the commission agreed to contact Don Fortunato to determine if it is a wetland. Groves agreed to contact him to visit the site.
Brown will research the subdivision map to get some further history on the site and provide the commission with any background information prior to the next meeting.
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OTHER BUSINESS
2010 IWWC MEETING CALENDAR
Bechtel made a motion that the 2010 meeting dates be approved. Griswold seconded the motion. The motion passed unanimously.
COMMISSION MEMBERS
Bechtel reported that neither Don Willis or Mike Moran will be continuing on the commission due to conflicts in their schedules. She also noted that she spoke with Jim Sipperly who no longer lives in town and stated he would be faxing his letter of resignation. Linda Krulikowski has also asked to serve again on the commission and that information has been forwarded to the Selectmen.
VERNAL POOLS
Bechtel stated that Robb Linde has requested information from her regarding vernal pools with regard to the regulation rewrite. Bechtel stated she sent the information to him and he will prepare some information for the next meeting with regard to the buffer zone.
ROGERS LAKE
George James submitted a report from the Old Lyme Conservation Commission stating that they consider Rogers Lake to be Old Lyme’s single most important natural resource, and believe that its future care and protection should be made a major part of the 2010 Old Lyme Town Plan of Conservation and Development.
FEES FOR APPLICANTS WHO BEGIN WORK WITH OUT A PERMIT
Discussion ensued amongst the members about how to handle this situation. The commission agreed to think about this issue and discuss it at their next meeting.
Respectfully submitted,
Kim Groves
Land Use Administrator
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