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Inlands Wetlands Commission Minutes 08/27/2013
OLD LYME INLAND WETLANDS AND WATERCOURSES COMMISSION
REGULAR MEETING
TUESDAY, AUGUST 27, 2013
MEZZANINE CONFERENCE ROOM
MEMORIAL TOWN HALL, 52 LYME STREET,
OLD LYME, CT


PRESENT WERE:  Skip DiCamillo, Janet Bechtel, Stanley Kolber, Dave McCulloch, Linda Krulikowski, Tim Rollins, Christian Tompkins, Evan Griswold and Evan Anway.

MINUTES

MINUTES OF REGULAR MEETING DATED JULY 23, 2013

Janet Bechtel made a motion to approve the July 23rd Regular Meeting Minutes as submitted.  Christian Tompkins seconded the motion.  The motion passed unanimously.

MINUTES OF SITE WALK MEETING DATED JULY 10, 2013

This item was postponed until the September meeting.

NEW BUSINESS

13-22 LAWRENCE GALBO – 27 CHAMPLAIN DRIVE – ADD PROPANE GENERATOR TO CONCRETE PAD

Karen Galbo explained that several years ago they installed a propane heating system and the proposal is to now install a generator on a concrete pad.  She noted it would be located 10 ft. off the corner of the house.  The commission reviewed the map of the site.  Bechtel asked if the commission had visited the site prior and if there was a stream that ran along the side of the house.  Galbo stated the commission issued a permit for the propane tank previously but noted she thought the rear of the property was wet and further stated the generator would be located on the opposite side of the property.

The commission set a site walk for Wednesday, August 18th at 5:45 p.m.  

13-23 LAURIE WILLIS – 50 & 52 SHORE ROAD – TRIM TREES, PUT CRUSHED STONE ON EXISTING DRIVEWAY, REMOVE STUMP FROM SWAMP, REMOVE DAMAGE TREES, SPRAY FOR PHRAGMITIES.

Laurie Willis stated she has two trees that were damage in the blizzard and need to be removed.  DiCamillo asked if the trees were located in the wetlands.   Willis stated they were within 100 ft. of the wetlands.  She also stated she would like to trim two trees and remove some stumps in the rear of the yard.  She noted if the commission determined they would not like them dug out she would be happy to just cut them low to the ground.  She also stated she would like to put crushed stone down on the existing driveway.  DiCamillo asked if the driveway was being enlarged.  Willis stated that one or two sections get muddy and mucky so they resurface the area in the spring and fall.  Willis stated she didn’t realize a permit was needed.  DiCamillo asked if the work had already been done.  Willis stated about an inch and a half of stone had been put down.  DiCamillo also asked about the removal of the phragmities.  Willis stated that Ann Brown recommended it be included on the plan but noted at this point she has no definite plans to do the removal.  She further stated that due to the encroachment of the phragmities it is over powering her yard and she would like to reclaim some of her lawn in the future.  Griswold stated at the time of the removal Willis would need to come back before the commission with a proposal and contractor who would be performing the work.  

Bechtel asked if this was the property that came in as a complaint.  Skip DiCamillo stated that was correct.  Bechtel suggested the commission also review the complaint at the site walk.  Willis stated that would be fine with her.  Willis stated the complaint was that she had filled in the wetlands and noted the only thing she has put in the wetlands is brush.  Bechtel stated the issue was whether there was a structure in the wetlands.  Willis stated there was crushed stone laid down and a boat trailer with a tarp over it and noted it is on wheels can be moved.   Bechtel asked if the boat was parked in the wetlands.  Willis stated her entire driveway and house is within 100 ft. of wetlands.  Bechtel stated any activity within 100 ft. of wetlands needs to come before this commission for discussion.  She stated this commission often discourages homeowners from parking lawnmowers in sheds when they are too close to a stream or wetland so had an application come before this commission to allow a boat to be parked on a pervious surface within the wetland the commission would of liked the opportunity to  walk the site.   Willis noted that there is only water in that area a few times a year.  DiCamillo explained that it is not the water but anything that happens within a 100 ft. buffer the commission likes to review.  

The commission set a site walk for Wednesday, August 18th at 6:00 p.m.  

PRELIMINARY DISCUSSION – GRAYBILL PROPERTIES – 151 BOSTON POST ROAD

Tony Hendriks, Professional Land Surveyor was present on behalf of Mr. Graybill’s property at 151 Boston Post Road.  Hendriks presented the commission with a property line survey/as-built that was done in 1989 by Fanner & Associates.  He pointed out the existing activity which consists of the restaurant out front, a newer building alongside, and an existing house which had a fire and is in disrepair.  He noted there are some wetlands on the property which have been recently flagged by Don Fortunato in the last week.  

Hendriks stated the existing building in disrepair and would be torn down and a new building would be constructed further back on the site and the other buildings would remain and a new parking area would be proposed.  He stated the intention is to pull back the existing parking area in a direction closer to the road.  Hendriks stated Fortunato is in the process of developing a plan that would create some newly established growth to help with any runoff from the parking lot.  He also noted a new driveway has been constructed by All Pro Automotive to gain access to provide temporary parking.  DiCamillo asked when it was constructed and noted it was within the buffer zone.  Hendriks stated he was unaware as to when the area was added.  DiCamillo stated he didn’t recall any permits being issued for the driveway.  DiCamillo asked what was being stored in the area.  Hendriks stated it was presently being used as an employee parking area.  

Bechtel stated that Mr. Graybill was aware of the commission’s restrictions with regard to parking in close proximity to the wetlands.  

The commission agreed to set a site walk for Wednesday, August 18th at 6:30 p.m.

Hendriks stated they would be filing a formal application at the September meeting.  

OLD BUSINESS
13-19 PATRICIA DEAN/ANN COOKS – 43 ROGERS LAKE TRAIL – INSTALLATION OF GARDEN SHED ON CRUSHED STONE.

Bechtel noted for the record for those who did not attend the site walk that the garden shed was located right next to the driveway and there was big huge boulder that circled around the proposed location of the shed.  She noted they were closer to the wetland but there was no impact and the property was flat.

Janet Bechtel made a motion to approve the application as submitted.  Dave McCulloch seconded the motion.  The motion passed unanimously.  

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, President of the Old Lyme Land Trust and Pam Hine, Board Member as well as a Botanist instructor at Connecticut College were present to discuss the application.  She noted this is an application to do work within the review area of the vernal pool at Watch Rock.  She noted there would be no work done in the vernal pool.  She stated at the site walk the commission discussed what would be an appropriate distance from the vernal pool that no brush management would be done.  She stated she discussed this with the contractor and he felt that 50 feet would be easily doable.  She also noted that the Chairman requested that the contractor attend the meeting.  

DiCamillo noted that the Habitat-based Management Plan was sent to all the commission members.

Michael Nadeua, owner of Plantscape Organics located in Fairfield, Connecticut was present to answer questions from the commission.  He noted they specialize in organics and they don’t really like to use herbicides.  Dave McCulloch asked how the areas would be treated mechanically.  Nadeau stated a fecon forestry mower which is a machine that is mounted on a track vehicle.  He noted the tracks are 2 ½ feet long and have very little pressure and minimize compaction.  He stated it will chip up anything you run over and grinds the stumps down to the ground.  He also noted they would be using a chain saw as well as loppers.  Griswold asked about the application once the mechanical part is completed.  Nadeau stated the plants would be mowed and then an herbicide would be painted on those plants and then the plants would be allowed to refoliate and then sprayed.  He noted for the record roundup will not be used.  

Evan Anway asked if any of the products used will go into the groundwater.  Nadeau stated he was not sure but noted there have been some issues when an over application or repeated application is applied or a broad spectrum spray is done. Christina Clayton stated they would not expect most of this to get on the ground much less seep into the ground.  Nadeau stated he did not want to be misunderstood he is not saying that this application that is planned will get into the groundwater.  He stated the reason the mowing is done first is to reduce the amount of the application to a very small amount.  He noted at the right time the leaves are still very succulent and that is the time to apply the herbicide.  He noted there is a spreader sticker that goes on the plant and the material beads up and stays on the leaves.   DiCamillo asked what impact a rain storm would have on the application.  Nadeau stated he prefers a 24 hour period of no rain.  Griswold asked about the proposed timeframe for the project.  Nadeau stated he would like to get in there as soon as possible to mow.  

Bechtel stated the commission needed to establish the radius they wanted to set back from the vernal pool.  She noted that Christina Clayton explained very well the different habitats in the area.  Bechtel also noted that she felt the Management Plan was excellent.  She further stated that when she left the site walk she did not have any real concerns about the herbicides.  She stated that down to the stump painting it is the most cost effective way.  

Nadeau noted he felt the most important issue was to protect the vernal pool.  He noted there are invasive within 50 ft. of the area.  Bechtel suggested lopping within that area to minimize the disturbance.  

Griswold asked if the meadow would be mowed and spot sprayed.  Nadeau stated that was correct.  Clayton stated they were trying to increase the size of the meadow and noted that there are not many invasive in that area.  She further noted they would be removing a couple of trees.  


Griswold suggested the meadow be mowed twice a year for a couple of years to allow the area to improve.

DiCamillo stated the commission has received correspondence from the neighbors in the area because of their concern for their shallow and dug wells.

Clayton stated that Nadeau stated earlier that his expectation for this project is that there will be a minimal amount of pesticide use.  DiCamillo asked if it would be applied once or multiple times.  Nadeau stated it would be applied once the initial time to each area which will be marked with a blue dot.  Clayton stated that Brad Robinson, pesticide program supervisor at the state Department of Energy and Environmental Protection said that the three herbicides are the most commonly used for invasive plants.  He noted that all are approved for use and typically do not spread from where they are applied.  

Griswold asked if any herbicides were being applied to the marsh area between Caulkins Road and Joel Drive.  Clayton stated they were not.  She noted the part of the plan that deals with phragmities is in that area which is not going to be done at this time. Griswold noted there is a significant amount of marsh land along Joel Drive which would provide a significant buffer.  He felt there would be little if any exchange between Watch Rock and the Caulkins Road neighborhood.  

Krulikowski stated this was not wide spraying it is targeting specific plants that need to be hit which makes a big difference.  Clayton also noted they are still spraying for mosquitoes in that area with trucks which is not selective spraying.  Nadeau stated activated charcoal could be pinned in but he felt it would be overkill for this particular project.   

Griswold asked if the area to the west of the parking lot was being treated.  Clayton stated no.  Griswold noted that this will also provide an additional buffer.  Clayton also noted they are not treating the dry coastal area which is the area right along the river.  

DiCamillo received a letter dated August 27, 2013 from Roberto & Jacquline Rodrigues of 14 Noyes Road.  DiCamillo read their questions into the record.  He noted most of been answered but addressed the others.

DiCamillo stated an extensive management plan has been provided.  He noted the project would begin the second week in September which would include the mowing and the herbicide would be painted.  At that time the plants would be allowed to regrow and sometime in the spring (late May early June) they would be sprayed.  Nadeau noted three herbicides would be used in the different areas.  With all the applications combined it would total approximately 4 ½ gallons for the total treatment.

DiCamillo asked if there would be any impact on wildlife.  He noted due to the time of the application it should have minimal impact on the birds. Clayton stated the three chemicals there does not seem to be a known impact with the exception of amphibians. She also noted the lifetime of the chemicals is very limited.  She stated they would time it very carefully to avoid nesting and migration.  

Griswold stated he would satisfied with plan and saw no threat to humans or wildlife and with the proper buffer around the vernal pool everything will be a whole lot better off without the invasive plants.  

Christian Tompkins made a motion to approve the application as submitted with the defined 50 ft. buffer around the vernal pool within which invasive can be removed by hand on a regular basis.  Evan Griswold seconded the motion.  The motion passed unanimously.


OLD LYME COUNTRY CLUB – REQUEST FOR BOND RELEASE.

Due to the fact the commission still had outstanding questions this item was postponed until the September meeting.

Sara McCracken was in attendance at the meeting.  Bechtel asked the last time she had written a report and evaluation of the property.  McCracken confirmed it was 2010.  The commission asked her to look at the Old Lyme site and report back to the commission.  McKracken confirmed she had visited the site today.   McCracken gave them a brief overview of the site.  Bechtel asked her if she would be willing to write something up as a result of her visit to the site.  Bechtel noted that McCracken had created a management and planting plan for the property and that was plan the commission used to compare to the actual work at the site.  McCracken agreed to submit a report prior to the next meeting. Kolber asked if she would include in her report the area that has wood chips down.  McCracken stated she would provide the commission a copy of the original plan.  It was noted that the commission also requested Richard Snarski attend the next meeting as he was unable to attend tonight.   



Respectfully submitted,



Kim Groves
Land Use Administrator