OLD LYME INLAND WETLANDS AND WATERCOURSE COMMISSION
REGULAR MEETING
AUGUST 24, 2010
PRESENT WERE: Robb Linde, Janet Bechtel, Dave McCulloch, Skip DiCamillo and Linda Krulikowski.
Chairman Linde called the meeting to order at 7:30 p.m.
MINUTES OF MEETING DATED JULY 27, 2010
Janet Bechtel made a motion to approve the minutes as submitted. Dave McCulloch seconded the motion. The motion passed unanimously.
MINUTES OF SITE WALK MEETING DATED AUGUST 2, 2010
Dave McCulloch made a motion to approve the minutes as submitted. Linda Krulikowski seconded the motion. The motion passed unanimously.
NEW BUSINESS
10-20 MIAMI BEACH ASSOCIATION – RECONSTRUCTION OF EXISTING ROAD WITHIN WETLANDS BUFFER INCLUDING GRADING OF ROAD FOR PROPER DRAINAGE. INSTALLATION OR REPAIR OF DRIVEWAY APRON. TOPSOIL, RAKE, SEED, MULCH ALL DISTURBED AREAS.
Mike Girard, Chairman of the Roads Committee for the Miami Beach Association stated he submitted an application at the request of Ann Brown. He reported every year the association repairs a section of road within the Miami Beach Association. He stated he drew the plans for the improvements and assumed that the wetlands were located from the edge of the pavement out. He stated the work include reclaiming the base and installing new black top. Mr. Girard stated the drainage will continue to go in the same places it has always gone and noted there is only catch basin on the road and the remainder sheet drains off. He stated the area was very flat with a pond located at the end of the road. He stated in the last 100 feet of road the proposal is to raise the grade about 6 to 8 inches
to get the water to continue to flow properly.
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Mr. Girard stated they would like to finish the project by the end of September in an effort to re-seed the area by October 1st, 2010. Mr. Girard asked if a permit was necessary since he was not going into the wetlands or changing anything.
Linde asked who designed the improvements. Mr. Girard stated he did. He stated he was an excavation contractor but noted he would not be doing the improvements and reported the association would be reviewing three bids for the proposed work.
Girard stated Ann Brown asked how the road would be raised. Mr. Girard stated he submitted information that shows that the road will be raised approximately 3 inches (taking the base that is there and grounding it all up to go from a 6” gravel base to an 8” gravel base) then top it, compact it and pave over the top of it.
Linde asked what would keep the project from getting the extra three inches. Girard stated if the area grades of the existing homes were too low or drainage issues would be created, however he felt these additional 3 inches would keep the water flowing the same way it has always flowed. Girard also noted that he has been building roads for thirty years. He stated last year he designed and reconstructed a section of Lincoln Road and Corsino Road.
Bechtel asked Girard for clarification of his statement indicating there was ponding at the end of the road. Bechtel and Girard reviewed the photographs submitted as part of the application. Bechtel asked what the grade change would be through this area. Girard stated it would be approximately 8” at the far end and zero at the other end.
Linde asked Mr. Girard to point out the silt fence locations on the plan. Mr. Girard stated they would be placed at both ends right at the edge of the pavement. Girard reviewed the colored map with the commission which showed the areas of disturbance, silt fence location, and new paved aprons. He also noted that the road that goes to Sound View Beach which is a short section (Liberty Street) the proposal is to narrow it to 12 ft. He stated it will still be maintained as an emergency access. Linde asked if the Fire Department approved that reduction. Girard stated there is no access through this area because there is a gate and which is locked but noted that 12 ft would be perfectly adequate for a fire truck.
Linde asked if gravel would be brought into the site to raise the road. Girard stated the gravel that is removed from Liberty Street will be used and if any additional is necessary he will bring in just enough to meet the grade. Linde asked if any materials would be stockpiled at the site. Girard stated nothing will be stockpiled and everything will be ground in place. He stated he felt the project would be completed within two weeks although he noted one month on his application to be safe.
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Linde asked if he felt the silt fence would be adequate in a heavy rain to keep the debris out. Girard stated he would be willing to install two rows of silt fence, haybales, or both silt fence and haybales. Linde stated he would like to see haybales as well as a silt fence.
Linde stated that with regard to the necessity of a permit for the proposed work he felt that given the location of the wetlands he felt it was important that all the erosion controls be in place and the only way to do that is for the commission to regulate the activity.
Bechtel asked how far the proposed road work and silt fence would be from the wetlands. Girard stated the silt fence would be right up to the wetlands.
The commission discussed whether a site walk was necessary or whether an administrative permit would be possible. Linde stated he felt the scope of the project was too large for an administrative permit and the parameters the commission had set for administrative permits were exceeded. The commission determined a site walk was not necessary as they were very familiar with this area due to prior permits in this area.
Linde stated after discussion with the members and in the interest of protecting the wetlands he felt the activity should be permitted. It was also agreed the applicant did not need to attend the September meeting.
10-21 WOODS OF OLD LYME, LLC AND OLD LYME HEIGHTS, LLC – OLD STAGECOACH ROAD – PROPOSED CONSTRUCTION OF A 38 LOT SUBDIVISION LOCATED IN AN RU-80 ZONE
Groves stated that Mr. Metcalf sent an email to the Land Use Office requesting that the applicant provide him with a detailed list of what has been changed on the plans since his last review in an effort to save both time and money. Linde stated as of today the list of changes has not been provided to the office.
Linde stated the applicant has submitted revised plans and at the request of the applicant this application will be received by the commission tonight. Based on information submitted in previous applications the commission stated that it was likely that there would be a public hearing for this application based on the potential for significant impact to the wetlands.
10-22 TALCOTT FARM ASSOCIATION – TALCOTT FARM ROAD AND CATBRIAR LANE – REMOVAL OF TREES
David Primo, President of the Association, stated there are currently a lot of dead limbs overhanging the road which could be dangerous should they fall down. Therefore, he
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stated over a month ago they had Dick Raymond from the DEP Forestry Division visit and walk the area. Primo stated at that time Mr. Raymond pointed out quite a number of
trees that were hazardous in terms of structure. He stated there is as many as 50 trees but this proposal is for the trees that pose the greatest problem because of there location. He further noted that these trees are either located directly in the wetlands or the 100’ setback. He stated they are currently in the process of marking the trees and getting estimates.
Primo stated he spoke with Ann Brown and she told him to fill out an application for a permit but thought it could be handled administratively. He said she further explained the things to be concerned about when working in and around a wetland area.
Primo stated if any of the trees do come down they will totally block access to the community. He noted this would include the access road for emergency vehicles.
Linde asked who identified the trees to be removed. Primo stated that Mr. Raymond from the Division of Forestry. Linde asked what criteria was used for identifying the trees. Primo stated that Mr. Raymond walked the association property with several members of the Association and verbally explained everything. Primo stated they have not yet received a report. Primo also said there is some question amongst the members of the association as to whether these trees need to come down, therefore a meeting has been scheduled for September 17, 2010 for Mr. Raymond to explain to the members about each of the trees and why they should be removed. Primo said the vast majority of the trees show obvious signs but there are a few that are not real obvious at a glance. He also welcomed the
commission to attend that meeting.
The commission agreed to set a site walk for Tuesday, September 7, 2010 at 6:00 p.m. Linde requested that a copy of the written report be provided to the commission about the 17 trees to be removed.
OLD BUSINESS
10-16 SUBDIVISION – RICHARD BATTALINO – 160 MILE CREEK ROAD – PROPOSED REVISED NEW LOT AND PROPOSED SINGLE FAMILY HOUSE. CONSTRUCTION OF NEW DRIVE TO EXISTING HOUSE
Groves noted that revised plans were delivered to the office at 4:00 p.m. today, therefore staff has not had an opportunity to review the plans. The applicant granted the commission an extension.
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Linde asked staff to consult with counsel to determine if the Inland Wetlands Commission needs to be concerned about any of the legal aspects of the ownership or anything else concerning this property prior to making a decision.
10-4 DONNA SCOTT – 43-1 SAUNDERS HOLLOW ROAD – PERMIT FOR EXISTING DECK
The commission set a site walk for Tuesday, September 7, 2010 at 5:30 p.m.
10-10 WILLIAM AND DEBRA LACY – 34 & 35 SHORE ACRES ROAD – PROPOSED HOUSE AND DRIVEWAY LOCATION
The applicant submitted a letter formally withdrawing the application.
10-18 RICK HYMAN – 44 CORSINO AVENUE – INSTALLATION OF A NEW SEPTIC SYSTEM AND NEW FOUNDATION FOR HOUSE.
Rick Hyman was present to discuss the application. He noted his engineer was not able to attend the meeting and also apologized for not being able to be in attendance when the commission walked the site. The commission indicated they had all visited the site.
Mr. Hyman stated they are currently trying to correct the existing septic system and noted that the foundation had been replaced 12 years ago but it is already showing signs of failure. He stated due to all the improvements that have been done to the surrounding properties in the area over the last 10 years they are getting a lot of additional drainage onto their property.
McCulloch asked what material would be used for the foundation. Mr. Hyman stated it would be a poured concrete foundation with a crawl space. McCulloch asked if the house would have to be raised to do the work. Mr. Hyman stated he thought it would have to come up 2 ft.
McCulloch asked Mr. Hyman if had discussed this proposal with the Health and Zoning Department. Mr. Hyman stated that both departments have reviewed the proposal but no approvals have been granted. He further stated he was told that this commission would be his first step in the approval process.
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Bechtel stated it was a tough site to work with and it had its own inherent problems but she felt that map explains the project and felt the work needed to be done.
Bechtel made a motion to approve the application. McCulloch seconded the motion. The motion passed unanimously.
The applicant asked about the Zoning Board of Appeals submission and approval process. As a result of that discussion Linde stated he would write a letter to the Zoning Board of Appeals indicating there was a need to raise the structure in order for the septic to function properly.
OTHER BUSINESS
PLAN OF DEVELOPMENT
The commission discussed the Plan of Development and agreed they would review the document and forward their comments to the Planning Commission prior to their September 9, 2010 meeting.
WETLANDS REGULATION REWRITE
Linde asked the members if they were interested in beginning the rewrite process again. Bechtel stated the regulations were basically done but the question was whether or not the vernal pool language would be included. Linde stated he would review the vernal pool information and the commission would discuss it at the next meeting.
Respectfully submitted,
Kim Groves
Land Use Administrator
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