OLD LYME INLAND WETLANDS AND WATERCOURSES COMMISSION
PUBLIC HEARING AND REGULAR MEETING
TUESDAY, JANUARY 22, 2013
PRESENT WERE: Robb Linde, Janet Bechtel, Skip DiCamillo and Linda Krulikowski. Attorney Mark Branse was present for the Public Hearing.
MINUTES OF REGULAR MEETING DATED NOVEMBER 27, 2012
Janet Bechtel made a motion to approve the minutes as submitted. Skip DiCamillo seconded the motion. The motion passed unanimously.
MINUTES OF SITE WALK MEETING DATED DECEMBER 8, 2012
Janet Bechtel made a motion to approve the site walk minutes as submitted. Linda Krulikowski seconded the motion. The motion passed unanimously.
PUBLIC HEARING
PROPOSED AMENDMENTS TO THE OLD LYME INLAND WETLANDS AND WATERCOURSE REGULATIONS.
Chairman Linde stated that all the members had received a copy of Attorney Branse’s comments dated December 14, 2012 of his review of the proposed regulations. He also noted the commission received a letter from Penny Sharp dated January 21, 2013 outlining her review of the proposed regulations changes.
Ann Brown read the Legal Notice into the record that was placed in the New London Day on January 8, 2013 and January 15, 2013.
Brown described in general the changes that have been made to the regulations. She stated for some time the commission has been working on revising the regulations. She noted the majority of the changes were to bring the regulations up to date and coordinate with statutory requirements.
Brown further noted that the commission proposed several changes of substance. She stated there is an upland review area of 100’ feet in most circumstances, but the commission calls out specifically for 400’ feet for vernal pools. Therefore if anyone came in with activities within 400’ of a vernal pool the commission is claiming jurisdiction but the commission still reserves the right to increase that jurisdiction if circumstances are such that a particular watercourse might be threatened by the proposed activities outside that area. She stated the commission has also created a specific definition of a “Buffer Area”. Brown read the definition of “Buffer Area” into the record. She noted that definition also includes reference to Section 6.7. She
stated that 6.7 is a section where there are very specific changes that are different from the states model regulations and most other towns. She stated in that section the buffer is discussed and the fact the commission would like to keep a vegetated area either unmowed or with shrubbery around watercourses. She noted the commission has done this in practice and most applicants have been cooperative but this makes it clear in the regulations that it is an expectation of the commission.
Brown noted that Attorney Branse has reviewed the regulations. She also noted that they were sent to the state for their review as required by state statute and placed on file in the Town Clerk’s Office as well as the Land Use Office. Linde also noted there was some clean-up to become current with the DEEP as well as some suggestions from Attorney Branse.
Bechtel stated the commission was in agreement that all Attorney Branse’s comments be incorporated into the document. Bechtel further stated that she found Penny Sharpe’s letter very complimentary as to what the commission is trying to achieve. Linde also noted that he felt Sharpe’s letter was a wonderful piece of supporting evidence.
Linde had a couple of administrative items with regard to Branse’s comments. The commission reviewed and made the appropriate administrative changes to the document. Linde also noted that he felt that the language in Appendix C was a wonderful addition to the regulations with regard to fees being paid by the applicant.
The public in attendance at the meeting had no comment.
Janet Bechtel made a motion to close the public hearing. Skip DiCamillo seconded the motion. The motion passed unanimously.
MOTION TO MODIFY THE AGENDA
Robb Linde made a motion to add two additional items to the agenda.
- Vote on the proposed Inland Wetlands and Watercourse Regulations
- Election of Officers of the Commission
Janet Bechtel seconded the motion. The motion passed unanimously.
NEW BUSINESS
13-1 RICHARD BATTALINO – 240-1 SHORE ROAD – TEMPORARY SELF STORAGE CONTAINERS THAT ARE RESTINGON CRUSHED STONE.
Richard Battalino was present to discuss his proposal with the commission. Battalino stated he was proposing to put in temporary above ground storage sheds on top of crushed stone. Battalino noted the proposed area for the storage sheds was highlighted in yellow on the site plan. Battalino noted there is a chain link fence around the property and all the proposed work would be inside the fenced in area.
Linde asked what types of things would be stored in the containers. Battalino stated the contents would be the same as what is currently stored in the existing units such as bikes, furniture, car parts etc.
Bechtel asked how many containers are proposed. Battalino stated the maximum would be approximately (12) ten by ten containers. He noted he would probably start with three containers.
Bechtel asked if the units would be similar to pods. Battalino stated that was correct. The units are dropped from trucks and placed on the stone. He also noted the units would not be coming on and off the property.
The commission agreed to set a site walk for Saturday, February 23, 2013 at 8:30 a.m.
13-2 OLD LYME LAND TRUST – 132 FOUR MILE RIVER ROAD – STAIRWAY STRUCTURE AND WALKWAY ACROSS THE WETLANDS
Mike Kiernan stated over the last six years the Old Lyme Land Trust has been purchasing property. He noted the problem until recently the parcel under discussion was not accessible. He noted they recently acquired access to this area. He noted one of the challenges with this corridor off of Four Mile River Road is that when you reach a certain point there is a big drop down to a level area. Therefore, they are proposing to build a stairway/ladder down to the area. He also noted that once you reach the bottom of the slope it is approximately 75 feet to the wet area which is one of the tributaries to the Three Mile River. He also noted this is the area where they would like to install 3 or 4 sections of Boardwalk.
The commissions agreed to set a site walk for Saturday, February 23, 2013 at 9:00 a.m. and agreed to meet at the Exit 71 Commuter Lot.
OLD BUSINESS
12-20 CONSTANCE M. AYARS – 107 BOSTON POST ROAD – REMOVAL OF VEGETATION WITH AN EXISTING INLAND WETLAND AREA TO CREATE A WET BOTTOM POND.
Michael Harkin, Professional Engineer and Principal in Harkin Engineering located in Killingworth, Connecticut was present to discuss the proposal. Harkin noted the application was submitted back in November and on December 8th a site walk was held. He noted at that time the commission requested the upland boundary be staked which he did. He noted that both he and Mr. Snarski were present at the site walk.
He stated the plan is for a 4,900 sq. ft. pond. He noted all the erosion controls are shown on the plan. He stated the material will be used on the site. He noted at the last meeting the commission requested that the existing vegetation be identified as well as how the project will be constructed. He further stated the commission requested that a 10 ft. buffer be provided between the area that is under construction and the restoration area. Harkin stated they provided a 25’ foot buffer which is shown on the revised plans.
Harkin read Richard Snarski, Registered Soil Scientist letter received on January 11, 2013 into the record identifying the vegetation.
Janet Bechtel made a motion to approve the application as submitted. Skip DiCamillo seconded the motion. The motion passed unanimously.
12-21 ROBERT AND TONI JUDGE – 27 & 31 ROGERS LAKE TRAIL – DEMOLITION OF A NON-CONFORMING HOUSE AT 31 ROGERS LAKE TRAIL. COMBINING THE LAND AND CONSTRUCTION OF A BUILDING WITH ATTACHED GARAGE AND INSTALLATION OF A NEW SEPTIC SYSTEM.
Mike Harkin, Professional Engineer and Principal in Harkin Engineering located in Killingworth, Connecticut were present to discuss the proposal. Harkin stated this property is an existing non-conforming lot with a non-conforming house. He stated the proposal is to tear one of the houses down and combine the back property into one to make it less non-conforming and to add an addition off of the garage.
Harkin noted the addition is not going any further water ward. He also noted they are taking the existing septic system which is adjacent to Rogers Lake and putting it in the front of the property street side.
Harkin also noted they have provided a rough buffer as well as hay bales and silt fencing. He also noted all the mechanicals will also be placed on the street side.
Linde asked Harkin to point out the location of the dock. Harkin pointed out the dock on the site plan. He also noted the commission may see this project again in the future because all of the rip-rap is caving in along the shore side of the property. Linde asked Harkin if he was stipulating that there will not be any change to the buffer area unless they submit an application to the commission. Harkin stated there is no work proposed outside of the silt fencing. Linde asked if there was a note on the plan stating that. Harkin stated that Note 22 indicates that on the plan. Harkin stated for the record that any future work subsequent that is not shown on the plan will come back before the commission.
Bechtel stated it was a good site walk and noted there were a couple of trees that need to come down. She stated he was very clear as to the location of the proposed addition. Bechtel stated the only thing that was closer to the lake was a proposed set a stairs. Bechtel stated it was a good plan.
Bechtel made a motion to approve the application as submitted with no change to the buffer. Skip DiCamillo seconded the motion. The motion passed unanimously.
VOTE ON THE PROPOSED INLAND WETLANDS AND WATERCOURSE REGULATIONS
Janet Bechtel made a motion to approve the Inland Wetlands and Watercourse Regulations revised at the November Meeting and further modified at tonight’s meeting of 1/22/13 and set an effective date of February 1, 2013. Robb Linde seconded the motion. The motion passed unanimously.
ELECTION OF OFFICERS
Robb Linde made a motion to elect Skip DiCamillo as Chairman of the Inland Wetlands and Watercourse Commission. Janet Bechtel seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
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