OLD LYME INLAND WETLANDS AND WATERCOURSES COMMISSION
REGULAR MEETING
TUESDAY, JULY 23, 2013
MEZZANINE CONFERENCE ROOM
MEMORIAL TOWN HALL, 52 LYME STREET,
OLD LYME, CT
PRESENT WERE: Skip DiCamillo, Stanley Kolber, Dave McCulloch, Linda Krulikowski, Tim Rollin, and Evan Anway.
MINUTES
MINUTES OF REGULAR MEETING DATED JUNE 25, 2013
Stanley Kolber made a motion to approve the July Regular Meeting Minutes as submitted. Linda Krulikowski seconded the motion. The motion passed unanimously.
MINUTES OF SITE WALK MEETING DATED JULY 10, 2013
Dave McCulloch made a motion to approve the Site Walk Meeting minutes as submitted. Evan Anway seconded the motion. The motion passed unanimously.
NEW BUSINESS
13-19 PATRICIA DEAN/ANN COOKS – 43 ROGERS LAKE TRAIL – INSTALLATION OF GARDEN SHED ON CRUSHED STONE.
Patricia Dean stated that she was proposing to place a 10 x 12 shed on her property. It will be located approximately 25 feet from the house and about 44 feet from the wetlands. She noted the shed would be placed on a crushed stone pad. DiCamillo asked if there would be any excavation involved in the placement of the shed. Dean stated other than leveling the area and placing the stone there was no other disturbance proposed. Krulikowski asked if there was ever flooding in that area. Dean noted the shed was located on an area of higher ground.
The commission set a site walk for Wednesday, August 7, 2013 at 5:45 p.m.
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July 23, 2013
13-20 CATHERINE M. LANGAN – 88 GRASSY HILL ROAD – INSTALLATION OF 500 GALLON UNDERGROUND PROPANE TANK AND INSTALLATION OF UNDERGROUND UTILITIES.
Catherine Langan stated she purchased this home a couple of weeks ago. She stated she would like to install an underground ground propane tank. She also noted there is currently a telephone poll in close proximity to the driveway which is located in an unsafe location and therefore she would like to eliminate the pole and install underground service to the home. Langan distributed photographs to the commission of the proposed tank location. She noted it was approximately 65 feet from the lake. She noted there is presently a garden in this relatively flat area. Brown stated that as indicated on her application the excavation for the tank is very small and therefore she wondered if the commission would allow an administrative permit to be issued. Brown stated that Ms. Langan agreed
to keep a 10 ft. buffer area along the brook that would only be mowed once or twice a year. Langan noted that the area under discussion is currently all overgrown and further stated she was not interested in increasing her lawn. Brown stated the house is currently under renovation and the property owner would like to get the work done so she can move out of her rental. Brown explained that she would leave a rough area along the lake edge therefore eliminating grass up to the lake edge. Brown noted she had not visited the site. DiCamillo asked if the commission wanted to visit the site in two weeks. Brown noted that they would hold her up an additional two weeks plus the 15 day appeal period. Kolber asked the applicant if the difference of two weeks made a difference to her renovation plans. Langan explained she is currently renting and anxious to get into the house. Brown explained the project will take two days to complete and
the excavated dirt would be stored away from the creek and blocked with hay bales to prevent runoff into the creek. She further stated the tank will be installed approximately 63 feet from Jesse’s Creek and 10 ft from the house and abandoned well. The trench will be approximately 18 inches deep and noted that hay bales will also be placed to the creek side. The remaining dirt will be spread evenly over the ground where the new septic system is located and then reseeded. Brown read the proposed work as outlined on the application into the record.
Dave McCulloch made a motion to authorize an Administrative Permit to be issued with the condition that a 10 ft buffer remain along Jesse’s Creek. Linda Krulikowski seconded the motion. The motion passed unanimously.
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July 23, 2013
13-21 – OLD LYME LAND TRUST – 45 SHORE ROAD –WATCH ROCK PRESERVE. RESTORE THE MOIST COASTAL FOREST AND OLD FIELD HABITAT
Stanley Kolber recused himself from the discussion on this application.
Christina Clayton explained the proposed activity to be done on the 26 acre Watch Rock Preserve. She noted several years ago a Management Plan was completed by the Connecticut River Coastal Conservation District. Clayton stated in April they received a $24,000.00 grant from USDA. She noted the work would be done professionally.
Clayton stated there is one very small vernal pool located on the property. She noted much of the work called for on the plan relates to what is called “ Coastal Moist Forest”. She noted the understory has been completely overrun over a 20 year period with invasive plants. She stated the plan calls for using a fecon mower with spot applications of roundup. She noted the vernal pool appears in the northwestern part of the property. She stated they will be sensitive to any direction the commission provides and noted no work will be done in the pool.
The commission agreed to set a site walk for Wednesday, August 7th at 6:15 p.m.
OLD BUSINESS
13-17 ROBERT & TONI JUDGE – 27 & 31 ROGERS LAKE TRAIL- DEMO REMAINING PORTION OF CONCRETE WALL AND INSTALL NEW VINYL SHEET PILE WALL.
Brown noted that Michael Harkin was unable to attend the meeting. DiCamillo noted that the commission walked the site.
Krulikowski asked about the vinyl sheet pile wall. McCulloch noted that the engineer provided pictures at the walk. Brown noted the proposal is to remove the concrete wall entirely and the rip-rap if the commission desires.. Brown stated the sheets would be put in at the face of the existing wall. McCulloch stated at the walk they discussed leaving some rip-rap.
Dave McCulloch made a motion to approve the application with addition of rip- rap along the toe of the wall. Linda Krulikowski seconded the motion. The motion passed. Evan Anway abstained.
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IWWC – July 23, 2103
OLD LYME COUNTRY CLUB – REQUEST FOR BOND RELEASE.
DiCamillo asked if the representatives from the Country Club were present. Brown stated she told them it was not necessary to attend the meeting. Brown noted the commission has a report from Richard Snarski about the status of the wetland plantings and what he recommends. Brown stated Snarski indicated in his report he feels things are going well but he recommends more work. Mr. Lane (representative of the Old Lyme Country Club) has stated they will continue to do work including the maintenance of the phragmites. Brown further stated that one of the conditions of that approval was the lights in the parking lot were to be painted out to be gentler on whatever species live there and noted that has been completed. Brown stated the parking lot has been constructed but not exactly how it was
approved. She stated one of the plans to open up the area was not approved by Army Corps. She stated the two islands were installed but they were a plowing problem including the light post that was in the island people continually were backing into it. Brown also noted that the parking lot surface has held up. DiCamillo expressed concern about the lack of plantings. Brown stated a report was provided to the commission with regard to the plantings. DiCamillo suggested the commission visit the site. Kolber asked if the original approved plan was available. Brown stated she would make that available. Kolber also asked for what purpose the bond was posted. Brown stated it was an Erosion and Sedimentation Control bond. Kolber asked if the commission requires a certification from the applicant that all the work is completed. Brown stated the commission has received an update from Richard Snarski. Kolber stated
he thought it might make sense to have someone responsible for the organization or the property to certify that work has been completed in accordance with the approved plan.
The commission agreed to walk the site on August 7th at 6:45 p.m.
ENFORCEMENT REPORT
Brown stated the issue tonight is 50 Shore Road. She stated she received a complaint about filling in the wetlands along with other complaints that do not have any bearing on this commission. She stated the first complaint she received was a zoning complaint that a structure cover/ boat shade) was under construction without permits. She stated through the enforcement process the property owner and her tenant have modified his cover by attaching wheels and therefore does not meet the definition of structure under the zoning regulations.
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July 23, 2013
Brown stated the neighbors took issue with the interpretation of the regulations and appealed the decision to the Zoning Board of Appeals. She stated the Zoning Board of Appeals agreed that the shade for the boat was no longer a structure with the attachment of wheels. She further stated the neighbors have appealed that decision to Superior Court.
Brown stated in the meantime they have complained that there is filling in the wetlands along with the storage of a boat/sun shade and trailer in the wetlands. Brown stated she would contact the property owner to ask for permission to visit the site. She stated when she was there inspecting the wheels there seemed to be some gravel but she needs to inspect again. She noted she would report back to the commission if she feels it needs a permit. DiCamillo asked if it was in the wetlands. Brown stated there certainly is marsh around it but whether it is inland or tidal she was not sure. Brown also noted that it was unclear how close the wheels or the filling was to the wetlands.
DiCamillo asked if the commission could walk the site. Brown stated the owners would have to grant the commission permission and she would contact the property owners and ask them if they would allow the commission to visit.
McCulloch asked if a wetlands boundary had ever been established. Brown stated that was unclear. She noted we have received some mapping from Mr. Nixon and Ms. Lage.
DiCamillo stated the commission would need to determine if it is an inland wetlands and if indeed there is fill and what exactly is stored in that area.
DiCamillo stated he would like to visit the site on August 7th at 7:00 p.m.
Kolber asked if the enforcement officer was allowed to enter the property without permission. Brown stated she does not have the right to enter a property without permission. Kolber asked if a Cease and Desist Order was issued would permission still be required. Brown stated that was correct. Brown stated you can look from public property and neighbor’s property but if the owner denies access permission would have to be granted through the judge.
Brown stated this property owner has been cooperative in the past. She further stated the tenant owns the sun/shade. DiCamillo asked if the boat was stored under the structure. Brown stated the purpose was to shield the boat. Krulikowski asked if it was still on wheels. Brown stated it was the last time she visited the site. DiCamillo asked if there was any protected land around the area. Brown stated she did not know.
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July 23, 2013
TOWN PARK ON HARTFORD AVENUE
McCulloch expressed concern that the proposed Town Park to be located on Hartrford Avenue may be adjacent to wetlands. Brown discussed this issue with the Selectmen. She noted when the project moves forward it will be going through all the necessary commissions for approval.
Respectfully submitted,
Kim Groves
Land Use Administrator
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