INLAND WETLANDS AND WATERCOURSES COMMISSION
REGULAR MEETING
JANUARY 25, 2011
PRESENT WERE: Chairman Robb Linde, Janet Bechtel, Dave McCulloch, Sabine O’Donnell and Skip DiCamillo.
MINUTES
Skip DiCamillo made a motion to approve the November 30, 2010 minutes as submitted. Sabine O’Donnell seconded the motion. The motion passed unanimously.
NEW BUSINESS
11-1 JOSEPH AND TAMMY MCARAW – 23 TALCOTT FARM ROAD – REMOVE DEAD AND DANGEROUS TRESS, MANY OF WHICH HAVE FALLING LIMBS
Joseph McAraw reviewed a map of the area with the commission orienting them to site. The map also indicated the 15 trees to be removed. Mr. McAraw also presented the commission with photographs of the area.
The commission set a site walk for Saturday, February 12, 2011 at 8:00 a.m.
11-2 THOMAS KUNKLER – 7 SANDALWOOD LANE – ADDITION WITHIN 100’ OF THE REGULATED AREA
Adam Pietrowicz stated the proposal is to do a 39’ x 10’ addition to the rear of the house. He stated the all the soils from the excavation will be removed from the site. He noted there is a paved area on the side of the house and all of the equipment would be located in this area during construction. He noted the addition would be constructed on a slab. He also stated the equipment would be on the site for approximately 3 weeks but expected the project to take approximately 3 months. The commission reviewed a map of the area as well as photographs.
The commission set a site walk for Saturday, February 12, 2011 at 8:45 a.m.
11-3 MATT WARD – 23 CROSS LANE – GRADING AND DRAINAGE WITHIN 100’ OF THE REGULATED AREA
Matt Ward stated he had repeated flooding problems on his property over the last 4 years. Therefore, he stated that previously his driveway was located on Champlain Drive but he
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has relocated it to Cross Lane. He noted he did receive a driveway permit for this activity. The commission reviewed the map of his property that was submitted with his application.
Ward stated he wanted to prevent any further flooding and also wanted to fill the previous driveway location with fill/topsoil and plant grass. He noted there was a previous drain in the driveway, which he was, told ran from the driveway east towards the backyard and drainage easement. He stated upon further inspection it was revealed it was a small dry well and did not lead anywhere as previously informed. Therefore, he removed the insufficient dry well and then connected the two north side gutter downspouts from the house. He stated the two gutter downspouts were then connected to a drainage pipe that ran 94 feet east towards the drainage easement. Therefore, he indicated that the remaining proposal is to connect this drainage pipe to the drainage easement drain currently used by the town.
Robb Linde asked who was helping with the engineering on the project. Ward indicated that his friend was an excavator and was assisting him through the process. Linde asked the applicant if he was digging a 100’ ft. trench to deal with the drain off from 2 roof leaders. The applicant indicated that was correct. Brown clarified that most of it was installed. Ward stated that was correct. McCulloch asked how much the grade was raised around the building. Ward indicated it was at least 2 feet.
O’Donnell asked the applicant to clarify where the wetlands were on the map. Ward pointed out the area on both his map as well as the Town Assessor’s map. Bechtel noted that although the stream is shown on the property there is no wetland delineation on the property. Ward indicated that was correct. Bechtel also asked if the area had been soil tested. Ward indicated it had not.
Linde stated if the application had come before the commission prior to work being done the commission would have requested that an engineer map out the property and wetland locations. He further stated that once the commission visits the site they may still require an engineer to layout the site. Linde further stated that the map needs to show the 100’ line from the stream and pond as well as a replanting plan for the area which will adequately protect the wetlands and watercourses. Ward stated he had planned on creating a 5 foot buffer of wood chips and 4 to 6 feet of hydro-seeded grass that would not be mowed.
McCulloch also indicated that the site should be stabilized prior to any further work being done at the site. He also suggested that wells be placed around the few remaining trees so he did not loose them.
The commission set a site walk for Saturday, February 12, 2011 at 9:15 a.m.
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11-4 BRIAN GRENIER – 7 MILE CREEK ROAD – ADDITION TO HOUSE OF A 5’ X 8’ MUDROOM
Grenier oriented the commission to the site. He stated he measured from the proposed location of the addition to the wetlands and it was approximately 103 feet . Brown also noted that these wetlands have not been marked by a soil scientist. Brown stated that Mr. Grenier thinks they are inland wetlands but noted there is a tidal influence in that area but it is unclear what the mix of wetlands are. Brown also noted that the addition was located in the corner of the building. She also asked the commission if they would consider an Administrative Permit. She also noted that this proposal is as far away from the wetlands as you can get and noted that part of the house and garage are in between any of the proposed activity.
Grenier also noted that no footings would be required for the addition because there were already sonitubes.
The commission set a site walk for Saturday, February 12, 2011 at 9:30 a.m.
11-5 NANCY MANVILLE – 31 SILL LANE – ADDITION WITHIN 100’ OF A REGULATED ZONE
Dave Tiffany stated his parents purchased the property last year and need to get a downstairs shower for medical reasons. He stated the proposal is to construct a 9 x 8 addition within the front yard setback. He noted the actual wetlands are more than a 100’ away but the poorly drained soils are within approximately 85 feet. He further stated that any sediment that would come from the construction would have to cross two retaining walls, established plantings, a driveway, berries, myrtle and then the wetlands. Therefore he felt there was no chance of any impact on the wetlands. He further stated he would install hay bales and silt fence. Tiffany asked if the commission would consider allowing Ann Brown to issue an Administrative Permit. Linde stated he would like to visit
the site.
The commission set a site walk for Saturday, February 12, 2011 at 8:30 a.m.
OTHER BUSINESS
ENFORCEMENT REPORT
DON BRODEUR – HARTUNG PLACE
Joe Wren stated that Mr. Brodeur has asked him to get involved in this project as a result of the violation issued for the site. Wren stated there were two tri-axles of boulders that
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were brought to the property and placed near the wetland. He said it is unclear at this point as to whether the wetlands are inland or tidal. Wren presented the commission with some aerial photographs as well as a map of the area. Wren stated at the rear of the property where the boulders are placed is approximately Elevation 5. Wren noted that high tides is approximately Elevation 4 and typically you need that fluctuation to support the tidal vegetation. He further stated with the amount of snow on the ground at this point it is difficult to determine the type of wetlands on the site.
He further stated that the boulders brought to the site were clean and had no sand or silt mixed in and therefore felt there would be no erosion. Wren stated the reason the boulders were brought to the site is for a future septic repair. Wren stated that the property is approximately 170’ long and the distance from the wetlands to the house is approximately 80’, therefore the boulders are within the regulated area. Wren stated it was his opinion that they were not really damaging the wetlands.
Linde asked if the intent was to submit a plan to the commission for review. Wren stated it was Mr. Brodeur’s intention to do the project within a year or so. Wren stated, however, an application could be submitted for the septic system and fill in the next couple of months.
Linde thanked the applicant for responding to the Notice of Violation. Wren indicated that he would need a couple of months to put a plan together. Linde asked the applicant to give Ann Brown, Enforcement Officer and update on the project prior to the April meeting. Brown also noted that there were zoning issues that needed to be satisfied with regard to the project as well. Bechtel asked Mr. Brodeur if he had any plans to move the boulders prior to an application being submitted to the commission. Brodeur stated they will not be moved prior to any approvals being granted.
PRELIMINARY DISCUSSION – RFP – PROPOSED DEVELOPMENT PLAN OFF LYME STREET
Henry Resnikoff, Real Estate Developer, Essex, CT introduced the proposal which is located across the street from The Lyme Art Academy on 39 acre parcel to be subdivided into three lots. He stated he would be working with Bob Doane, Engineer; Richard Snarski, Soil Scientist, and Chris Weber, Landscape Architect. He stated the proposal consists of creating housing for faculty and students of the academy. He also noted if they are not filled from within that population they will be opened up to the public. He stated he has negotiated a deal with the Lyme Art Academy to develop a privately owned set of apartments. He stated they intend to subdivide the land into three lots. He stated the academy would retain the front lot and rear lot. He stated they would be purchasing the
area in between that is outlined on the map. He noted the green areas shown on the map are the conservation easement areas as required under the subdivision regulations. He noted the wetlands are all flagged and Richard Snarski will confirm all the locations.
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He stated the proposal is about 1,000 feet back from Lyme Street. He noted they are negotiating with Regional School District 18 to create an emergency access through their property for emergency vehicles. He stated the road will be built to town standards but they intend to retain ownership of the road. He stated there will be six two bedroom townhouse units in each of the buildings. He noted they will need approval for one small wetland crossing to access the units. He further stated the goal is to have a formal application to the commission by March. He also noted he has had discussions with the Open Space Committee, Fire Chief, and Fire Marshal.
Bob Doane discussed the base map that was being presented to the commission. Doane stated they will be constructing a roadway into the site to serve all three lots. He also noted there is one wetland crossing as well as other regulated activity within the 100’ review line. He also noted in discussions with the Fire Chief he would like a fire pond on the property. He stated they tried to honor the 100’ review areas with the buildings but there are some driveways within the review area. He stated they will be starting to test the property as soon as the DEP is available to come out to the site. He stated they would like to do the testing along the property line and depending on the results that they get they may have to meander around the property. He stated the wetland
section is a relatively flat area and it looks man made and feels the machinery will be able to step across the ditch. He also noted if necessary he would stabilize the area.
Linde asked if an application would be submitted to dig the test holes? Doane stated they were not planning on it. Linde stated that there have been applications where the commission did regulate the digging of test holes. Doane stated it is very difficult to commit to specific locations on the site. Doane also noted that there are some cart paths throughout the property and they do plan on following those paths. He also stated that the holes would be backfilled as soon as the testing was complete. Doane also offered to notify Ann Brown, when the testing begins. Brown also asked Doane to contact her with regard to the staging area to be sure the zoning regulations are satisfied. Doane stated test holes would need to be done throughout the property to satisfy the
subdivision regulations. The commission determined it was not necessary to permit the digging of the test holes.
Linde stated the commission will be interested as part of the application the sedimentation and erosion control, drainage, paved areas as well as how these areas will impact the wetlands and what protection will be provided, details on the wetland crossing, stockpile locations. Resnikoff stated they are prepared to provide all that information in their submittal to the commission. Linde also noted that our town engineer will be reviewing the plans and the commission may ask for a wetlands expert to review it as well.
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PRELIMINARY DISCUSSION – THE WOODS OF OLD LYME – OLD LYME HEIGHTS.
The applicant was not present at the meeting.
Mr. Linde thanked everyone for their dedication in reviewing the Woods of Old Lyme application as it came through last time and their flexibility in scheduling a special meeting. Bechtel clarified that the plan was withdrawn. Linde indicated that was correct.
Brown stated it was their intent to make a preliminary presentation this evening.
Linde stated that his position as Chair is that all fees and bills will be up to date before the commission accepts a new application. Brown stated they currently owe approximately $16,000.00 in review fees. Linde stated the commission will not accept an application from them until they are up to date on their fees due to the town.
Linde asked the commission if they were willing to waive the application fee not the costs or expenses associated with the new application but the application fee itself. Linde stated he felt it was a minor thing because it was essentially the same application. Bechtel stated she felt the application fees cover some of the administrative costs. O’Donnell concurred. Discussion ensued and the commission agreed not to waive the fee.
George James asked as to the status of the application. Linde explained the prior application was withdrawn and there is currently no application before the commission. He stated at that time a new application is received the commission will have to determine if a public hearing is appropriate and if there is one there will be an opportunity for the public to comment at that time.
George James asked if the commission would entertain a comment from the Conservation Commission at this time. James stated they were concerned about the water quality and volume of runoff and submitted written correspondence for the commission to review.
Brown stated the applicant wanted to attend to discuss some issues and preferences of the commission such as swales or pipes, etc. She stated they really wanted to get some further direction from the commission.
Linde stated given the feelings of the commission with regard to fees and the like he stated they are asking for input that would not be binding but certainly could limit or shape how we regulated the property. Therefore, Linde stated he would like all the fees
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paid prior to any preliminary discussions. Brown stated there were actually complaints that Tom Metcalf never really provided any input on this subject. Brown explained that his fees were the vast majority of expense due to the town because of the numerous reviews that he had done on the project.
Linde stated that Tom Metcalf responded in a timely manner to all the changes in the application that they submitted. He further stated that he and Metcalf spoke about the application and Metcalf stated specifically that there were a large number of issues that he was trying to deal with the applicant’s engineer on because he did not want to embarrass the engineer and he did not want to cause any problems. Linde stated that Linde told Metcalf specifically that as long as he and the engineer were making progress that Linde did not need to have a detailed report of all the things that needed to be done. Linde also stated that the neighbor’s engineer and wetlands expert echoed exactly the same types of concerns that Metcalf raised with him. He further stated that Metcalf was in no way
shape or form delinquent or caused a delay to this application. He also stated that any delays that he saw in the application were due to the applicant not submitting a complete application in the first place. He stated this position was supported by Metcalf’s comments, public comments and well known certified engineers at the Public Hearing as well as Penny Sharp’s comments.
ADMINISTRATE PERMITS
Brown distributed copies of the policy as well as the regulation. Discussion ensued but no action was taken.
ADJOURNMENT
Respectfully submitted,
Kim Groves
Land Use Administrator
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