OLD LYME INLAND WETLANDS AND WATERCOURSES COMMISSION
PUBLIC HEARING AND REGULAR MEETING
TUESDAY, JULY 27, 2010
PRESENT WERE: Janet Bechtel, Robb Linde, Linda Krulikowski, Dave McCulloch, Evan Griswold, Sabine O’Donnell, and Skip DiCamillo.
MINUTES OF MEETING DATED JUNE 22, 2010
Linda Krulikowski made a motion to approve the minutes with a correction on Page 2 (second paragraph) last word “arbor” should be changed to “arborist”. Robb Linde seconded the motion. The motion passed unanimously.
MINUTES OF SITE WALK MEETING DATED JULY 1, 2010
Janet Bechtel made a motion to approve the minutes. Sabine O’Donnell seconded the motion. The motion passed unanimously.
ELECTION OF OFFICERS
Janet Bechtel made a motion to appoint Robb Linde as Chairman of the Inland Wetlands and Watercourses Commission. Evan Griswold seconded the motion. The motion passed unanimously.
Evan Griswold stated that Janet Bechtel has been an outstanding Chairman and noted that she was the most hard working well prepared Chairman of any board or commission he had ever served on. The commission thanked her for her services.
PUBLIC HEARING
10-11 BABASULI – 20 GRASSY HILL ROAD – CONSTRUCTION OF A VEHICLE PULL-OFF AND PARKING AREA
Joe Wren, Professional Engineer, stated at the last meeting he received hand handwritten comments from Richard Snarski, Soil Scientist but noted Mr. Snarski has since followed up with an official letter dated June 14, 2010. Mr. Wren read the letter into the record and provided the commission with a copy.
Wren reviewed the changes that had been made to the plans since the June Meeting. He noted they were relatively minor in nature and were based on comments that he received by Mr. Metcalf. He noted that generally most of the comments were not wetlands related but safety and engineering related but they did affect the plans slightly in a couple of areas.
Wren stated that Metcalf requested that the parking area be shortened. He stated this has been completed and noted that vehicles traveling north could either cross and park facing north or they could down and turnaround. Wren stated Metcalf wanted to minimize the footprint as much as possible and eliminate the possibility of a third vehicle. He stated the plans now reflect two parallel parking spaces that comply with the regulations.
Wren stated Metcalf requested details on the construction staging areas and those details and construction sequencing are provided on the second sheet of the plans.
Wren stated that the present layout could have created problems with regard to the overhead wires and the exposed utility pole therefore, the pole will be relocated behind the new stone retaining wall to eliminate any potential problems.
Wren stated he provided a detail for the land area out to the gutter which will be constructed of stone pavers. He also noted that details have been added to the plan for the crushed stone areas.
Wren noted on previous applications a lot more land was being used for the improvements however in this proposal there is adequate area reserved should the septic require upgrading and/or replacing.
Wren also noted details for the railing have been provided for safety.
Wren stated that both Ann Brown and Metcalf expressed a desire to have some way to delineate the edge of the pavement so it is not an extension of the road. He stated there is 12’ from the edge of the pavement to the wall which is wider than what currently exists on Lyme Street by 3 or 4 feet. He also noted that a timber guardrail will be provided.
Wren noted that Metcalf requested that a plan be created to minimize u-turns. He stated there is no way to prevent it entirely but the guardrail will minimize it.
Wren stated that Metcalf requested some additional materials be more specified on the plan for the crushed stone and the retaining wall and that information has been added.
Paen stated Metcalf also required that the area be staked out by a licensed surveyor and also an as-built be provided after construction. Wren noted the applicant has agreed to provide that information.
Wren also noted he has submitted a Driveway Permit application with the Board of Selectmen and has also reviewed the project with Ed Adanti, Director of Public Works.
O’Donnell asked if the Babasuli’s still intended to construct the stonewall. Wren stated that was correct as they were stone masons by trade. O’Donnell asked if they would be doing other work on the site. Wren stated that was unclear but either way the notes provided on the plan will have to be followed regardless of the contractor.
Linde noted that Mr. Metcalf has sent a letter to the commission indicating he has not yet had an opportunity to review the revisions to the plan addressing Mr. Metcalf’s comments.
Linde stated at the last meeting Mr. Hendriks suggested that there might be reason to be concerned about the accuracy of the plan. Wren stated his recollection was the question was asked specifically if Mr. Hendrik’s map was accurate and his response was that it was accurate. Wren stated he did find one interesting thing and that was that the stonewall seemed to be a little bit too far from the road, so when his surveyor added the elevations he took shots along the road. He noted that this data was added to the plan and it didn’t match the Hendriks survey and those corrections have been made and reflected on the plan. Linde clarified that those changes are shown on the plan. Wren indicated that was correct.
Wren also noted that he spoke to Mr. Metcalf about the use of the survey and stated he also concurred that when a surveyor has been compensated for his work then it becomes the property of the applicant.
Evan Griswold made a motion to close the public hearing. Skip DiCamillo seconded the motion. The motion passed unanimously.
NEW BUSINESS
10-17 JUDGES FARM – 3 OLD SHORE ROAD – REQUEST FINDING OF AGRICULTURAL USE – EXEMPT FROM PERMIT OR RECEIVE PERMIT APPLICATION FOR CLEARING WITHIN THE REVIEW AREA
Martin Griswold, owner of Judges Farm presented his plan for the commission to review. He noted they are proposing to clear the last portion of Judges Farm. He noted back in the early 90’s they received approval to dredge a portion of the pond/bog but at that time
Pageey were only able to reach the eastern half from the cleared area. He stated their present desire is to clear some additional area of the woods on the eastern half of the pond to create a sunny growing area while still leaving the majority of the big oaks to maintain a shaded growing area.
Evan Griswold stated there was at one time an extensive dewatering pile on the site. Martin Griswold stated there was a big pile when the area was originally dredged. He stated that initially they were hoping to use the pond for irrigation purposes but since it was not suitable a well is proposed on the plan outside of the growing area. He stated there is currently one well and noted he had been told they would be unable to get a very deep well so it may require an above ground pump which would need a shed and that structure would not be suitable in a growing area. Therefore the only change in the plan is to move the well to the south side.
O’Donnell asked what the growing area distance would be from the bog. Griswold stated they would leave 20 to 30 feet on either side of the bog. Krulikowski asked if a soil study of the area had been done. Griswold stated the area is very sandy gravel below the top soil.
Brown stated the applicant has requested that the commission make a finding no jurisdiction because it is an agricultural use with nothing being put into or out of the wetlands. Brown stated the applicant has submitted an application in the event the commission felt differently about the property use.
O’Donnell asked if this use falls under the regulations as part of the farming regulation. Brown stated that is correct and noted that this regulation also mirrors the state statutes.
Griswold once again stated that this is a very flat area that they would like to use to expand their growing area. Linde clarified that the topography was flat. Griswold stated the area would only require minor grading if any. He further noted that once the fabric was placed on the soil there would be no disturbance. He also noted the disturbance would not be up to the edge of the bog. Linde asked how long the silt fence would need to be in place. Griswold stated depending on how much of the soil is disturbed he would leave it in place till the area is secured with the fabric but he felt no longer than two months.
O’Donnell stated it is her understanding the commission would make a determination that it is under their jurisdiction or not and if the commission determines it is not under their jurisdiction they cannot regulate how the plan is implemented. Brown stated if there is not a permit the commission does not regulate. Brown stated if the commission determined there was something running into the bog they could issue an enforcement.
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O’Donnell stated she interpreted the regulations to say “the following operations and uses shall be permitted in any wetlands and watercourses as a right” which means if they are part of a nursery or farm then the commission does not have jurisdiction. Brown stated that was correct. O’Donnell stated then the commission does not regulated how they are planting or what they are doing in the wetlands. Brown stated that was correct.
Linde stated at DEP training the example was used …..was how the forestry was conducted did come under the wetland review….in other words they did not have the right to cut in roads and destroy the wetlands as part of the forestry activity….Brown stated that was true and this proposal was not in the wetlands either. Linde stated it can be a permitted by right use. Brown stated as long as the applicant follows what is described there is no issue.
Brown stated if the use is permitted by right the commission does not regulate the activity. O’Donnell stated if it is part of his nursery operation then the commission does not regulate the activity and the commission would only get involved it something happened at the site if it was not related to the nursery operation. Brown agreed.
Dave McCulloch made a motion to make a finding of no jurisdiction. Skip DiCamillo seconded the motion.
DISCUSSION
Bechtel stated if indeed the motion carries that this is a permitted agricultural use does the permit include only this activity or any activity on this parcel. Brown stated it would before what is specifically shown on this plan.
Dave McCulloch amended his motion to make of finding of no jurisdiction on the plan presented before the commission. Skip DiCamillo seconded the motion. The motion passed unanimously.
Evan Griswold recused himself and did not vote on the application. The application fee was returned to the applicant.
10-18 RICK HYMAN – 44 CORSINO AVENUE – INSTALLATION OF NEW SEPTIC SYSTEM AND NEW FOUNDATION FOR THE HOUSE
Groves informed the commission that neither the engineer nor the property owner were able to attend the meeting but requested that a site walk be set.
The commission set a site walk for Monday, August 2, 2010 at 6:30 p.m.
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OLD BUSINESS
10-16 – SUBDIVISION – RICHARD BATTALINO – 160 MILE CREEK ROAD – PROPOSED REVISED NEW LOT AND PROPROSED SINGLE FAMILY HOUSE. CONSTRUCTION OF A NEW DRIVE TO EXISTING HOUSE.
Brown reported that she received a phone call from Tony Hendriks stating that Don Fortunato had gone back out to the site and marked the wetlands but this information has not yet been put on the map. Therefore he requested this application be tabled until the August meeting.
Bechtel recused herself from this application.
10-04 – DONNA SCOTT – 43-1 SAUNDERS HOLLOW ROAD – PERMIT FOR EXISTING DECK
Brown reported that a new map was submitted to the Land Use Office today. Robb Linde noted that the commission also received a letter from Donna Scott with regard to the project. The commission reviewed the correspondence and plan.
Brown stated when the applicant first came into the zoning office the application was to rebuild the existing deck without redoing any footings, however if it was determined at the time of construction the footings were in need of repair the applicant would be required to submit a wetlands application. Brown stated in the meantime the applicant began installing an underground tank and then came in and submitted a permit for that installation and in the meantime the footings had already been replaced and a second story deck was constructed so all of this additional work was added to the permit. Brown stated the commission then set a site walk and noted they had built the steps down to a hot tub platform which had not received a permit. Therefore, the commission requested a detail survey to locate
all the structures and as well as the brook on the plan.
Linde stated one of the issues is the location of the hot tub and the other is the applicant has done some work to try to ameliorate the impact of the hot tub location. Linde read the letter from Donna Scott to Ann Brown into the record. Linde noted that further work has now been done at the site without the commission’s approval. :Linde also requested that Brown notify the applicant of the next meeting date and confirm that she has received that information. Brown stated that when she spoke to Ms. Scott today she
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indicated she expected to be away at the end of August on vacation with her children and would probably not be available for the August meeting.
The commissions agreed to set a site walk for Monday, August 2, 2010 at 7:00 p.m. and requested that Brown contact her as well as her contractor to be present when the commission visits the site.
Linde noted that during the site walk the commission is there to see what is present on the site and understand it but stated that no action will be taken.
Bechtel asked if the commission should propose an additional date in the event the applicant is unable to attend. Brown agreed to contact the applicant and if it was determined she was not able to attend she would set up an alternative date for the commission to walk the site.
10-10 – WILLIAM AND DEBRA LACY – 34 & 35 SHORE ACRES ROAD – PROPOSED HOUSE AND DRIVEWAY LOCATION
Brown reported that Mr. Hendriks contacted her today and requested this application be continued until the August meeting. Brown reported that there are a number of serious zoning issues with this particular proposal and noted there are also items that are not on the plan that she felt should be included such as the septic system and the 100’ review area is not marked, therefore, Mr. Hendriks will be modifying the plan for the August meeting. Brown noted commission has received a 65 day extension to act on the application. .
OLD BUSINESS
Dave McCulloch made a motion to amend the agenda to add the Babasuli application. Evan Griswold seconded the motion. The motion passed unanimously.
BABASULI – 20 GRASSY HILL ROAD
Bechtel recused herself from the application.
Dave McCulloch made a motion to approve the application as presented. Linda Krulikowski seconded the motion.
PagDISCUSSION
Griswold noted the commission has reviewed several applications for this property and felt this was the most reasonable proposal and will be an improvement to the sightlines in the area. Linde also noted the commission did receive a letter from a Certified Soil Scientist indicating that there would be no impact either short-term or long-term to the wetlands.
The motion passed unanimously.
The meeting adjourned at 8:30 p.m.
Respectfully submitted,
Kim Groves
Land Use Administrator
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