UNAPPROVED
OLD LYME WATER POLLUTION CONTROL COMMISSION
REGULAR MEETING
Thursday, January 20, 2011
The Old Lyme Water Pollution Control Commission held a Regular Meeting on Thursday, January 20, 2011 at 7:30 p.m. in the first floor Conference Room of Memorial Town Hall. Those present were Dimitri Tolchinki, Chairman, George James, Mervin Roberts, Roger Breunig (arrived at 7:41 p.m.), Keith Czarnecki and Aimee Eberly. Also present was Ron Rose, Sanitarian, Brian Curtis, Nathan Jacobson and Ron Ochsner, Commission Counsel.
Audience Members: Rich Calitro, Lynn Learman Dan McFadden and Mark Gilbert.
Chairman Tolchinski called the Meeting to order at 7:35 p.m.
Chairman’s Report
Chairman Tolchinski distributed a Chairman's Report that the Commission read silently, as follows:
As a new Chairman of WPCA and as a member of WPCA for more than 13 years, and as a resident of Old Lyme since 1984, I see the scope of work we have before us.
During these 27 years I have seen so many rapid changes have happened in our town. Some times the Administration, Commissions and Committees cannot keep up to provide the changes in the regulations and ordinances on time. That creates many frictions and misunderstandings between the Town and the homeowners. I can remember during all these 27 years the “seasonal use only” has been a bone of contention. It created many bitter feelings from people living in the beach area. These zoning actions only cause more and more people to try to live in their houses year round. The town has lost this fight every time, and the cost of it passed to the taxpayers. I am sure if the Zoning Commission will leave them alone, more people will use their houses in the summer only. In
the last 10 years with combination of the enforcement of the new Health, Building and Fire Codes and with the zoning actions, but without offering any solutions, leads the homeowners to look for the way to protect their properties.
WPCA should do everything possible to keep our water clean in any event. To do that we would need to establish next:
- To monitor the water quality we need to have more surface and sub-surface checking points.
- To reveal sources of pollution including inadequate, failed or malfunctioning septic systems we would need to monitor these checking points.
- To revise the pump-out program and to provide available service by a professional person for a small fee to inspect the septic to determine if it needs to be pumped and to reveal structural problems before they cause pollution.
- To offer homeowners a “SOLUTION” to the problems of inadequate septic system components we should have all repaired systems and all new systems approved by a Professional Engineer (P.E.).
- Each such system should have on file in the Town Sanitarian's Office scaled drawings which also show the maximum water table elevation and elevation of all parts of the system, and (of course) the location with reference to property lines and existing wells.
- If, for some reason it is not possible to repair or replace an existing septic system using available technology, the WPCA should be ready to offer to discharge the wastewater from that property in to a community system, which should be available at that time.
- To make all the repairs affordable for the improvement of the troubled septic system, the town should have money available for the homeowner on the long-term with a low interest.
If Old Lyme is to continue to recycling its water, every effort must be made to reduce or eliminate the possibility of pollution caused by inadequate, malfunctioning or failed septic systems. TIME IS RUNNING OUT.
The Beach Communities are working right now with the DEP, and if we are not ready to make an offer to the beach communities to satisfy their needs before June 2011, we will see more sewers in this town, and we would have no one to blame but ourselves. Let's start to work in this direction to help every homeowner in our town to have the proper solution if there is a septic problem.
Dimitri Tolchinski, Chairman of WPCA
He stated that he understands there are strong words in his report. Chairman Tolchinski stated that he has to put out what he thinks needs to be done. He noted that the smallest lot in Old Lyme is 50' x 25' and has a duplex; he noted that the property is not large enough for a septic system and he indicated that problems such as this need to be solved. He noted that the Beach Associations are meeting with the DEP.
Mr. Tolchinski stated that perhaps 30 or 40 homes in Old Colony Beach need help. He indicated that the Town has a parcel of land at the end of Old Colony and across the Shore Road that is currently owned by the Town of Old Lyme and previous was used for church parking. He indicated that he believes this land, which is three quarters of an acre, could be used for septage treatment. Chairman Tolchinski explained that he would like to help the beach area homeowners and he believes that the time limit is the end of May, at which point in time the beaches will make a decision.
Mr. Rose stated that everyone is on the same page. He stated that he has heard a lot about what Old Saybrook has done when in fact they have done very little but hire a lot of people and spend a lot of money. Mr. Rose stated that someone with a 25' x 50' lot cannot get a septic system on it and they knew that when they bought it. He stated that this is putting the onus on the Health Department. Mr. Rose stated that Bob Scully from the State Health Department has stated that if they want to use an alternate system they should take it to Massachusetts and test it there for five years. He noted that the beaches are meeting with the DEP about putting sewers in. Mr. Rose stated that the DEP's plan is to take Clinton, Westbrook and Old Saybrook and put in a pump station and pump it across the
river to Old Lyme; then hook up the beaches in Old Lyme and bring it to New London. He stated that one thing Mr. Tolchinski's plan is overlooking is how to get the septage to the treatment plant, whether it is the Town parcel or another parcel and who will maintain the plant. Mr. Rose stated that the DEP says they want to help but they are tying the Town's hands. He indicated that 100 test holes can show there are no nitrates in the water and the DEP will say no, that's not the story. He stated that DEP wants treatment done on the individual properties which is not possible on some of the small lots. Mr. Rose stated that Mr. Tolchinski has a good idea but they have to look at the overall picture; he noted that the State has their own agenda.
Mr. Tolchinski stated that he wants to help people, he does not want to question why they bought their homes. He stated that no one ever put in the record that these homes were a problem. He noted that the problems are not just the homeowners but the Town's also. He stated that these people pay property taxes. Chairman Tolchinski stated that the previous class action lawsuit by the property owners proved that the Town was wrong and we don't want to continue the same way. He stated that these houses still flush their toilets and no one can condemn them. Ms. Eberly stated that they could be condemned if they are failing. Chairman Tolchinksi stated that he doesn't want to do that, he wants to help them. He stated that the Town might sell the lot to Old Colony Beach
with the restrictions to use it for the septic System and private parking only.
Mr. Tolchinski explained that he would like to visit the Town lot with Brian Curtis from Nathan Jacobson engineering to see what they have. He stated he would get permission if they need to dig tests holes. He indicated that they would start with no expense; he will use his backhoe to dig the test holes at no charge to the Town. Mr. Tolchinski stated that if the engineering calculations show that it will solve the problem they could offer it as a solution to Old Colony Beach. He stated that if this works they can go bigger. He stated that he knows that there is 20 acres next to White Sands Beach owned by the same family that donated 103 acres of land on Buttonball Road to the Town. Mr. Tolchinski stated that this family might allow use of this land for a leach field for White
Sands Beach. He indicated that there the land has a “no build” easement and has only one tree growing on it; a leach field will not effect the use of this land. He questioned what would be wrong with White Sands Beach using this land as a leaching field.
Mr. Czarnecki questioned why the WPCA would accept responsibility for homeowners who purchased a piece of property that had Ordinances and Laws. He stated that if people bought their homes under a certain Zoning Regulation they must take responsibility; no one should take responsibility for them. Mr. Czarnecki stated that the people bought them knowingly, or passed them on or however it was. Mr. Tolchinski stated that the laws and ordinances of today were brought in much later then the houses were built. He asked what Mr. Czarnecki would do for the homeowner who cannot fix the problem. Mr Czarnecki replied that he would do nothing and would leave it the way it is; they are not able to be year round.
Chairman Tolchinski stated that he is not talking about year round or seasonal, he is saying that the septic system should be working properly even if it is used for 9 months or less. Ms. Eberly stated that under the Health Code if a person has a working septic system or cesspool the Health Department cannot make them fix it. Ms. Eberly stated that the WPCA, under the Regulations, reviews community systems. She stated that if the land were to be used next to the Church, how would the septage get to the lot. Chairman Tolchinski stated that the engineer would answer that. Ms. Eberly stated that she does not think the three-quarter acre lot will support as many homes as Mr. Tolchinski might think it will. Chairman Tolchinski indicated that an engineer would determine what it could support. Ms. Eberly stated that she is telling Mr. Tolchinski, as a professional, that she does not believe that lot will hold as much as he thinks it may hold. Mr. Tolchinski stated that based on the
engineer, they may have to help less people, but they can help. Ms. Eberly questioned how they would determine whom they would help.
Mr. Rose stated that he has never shut some one down because they spend nine weeks at their cottage in the summertime or if they came down for Easter. Mr. Rose stated that what's bothering him is that they are trying to find a solution to someone else's problem. Mr. Rose stated that the beach area deeds say that people must take care of their night soils, which is an outhouse. He indicated that they also say that they must comply with the codes of the Town of Old Lyme and the State. Mr. Rose pointed out that the information is in the deeds and he does not believe the Town should fix their problems. If someone wants to fix their system they can come and talk to him about it.
Mr. Breunig questioned whether Mr. Tolchinski's example is the only lot in Town that could benefit from a community system or if there are others. Mr. Tolchinski stated that the WPCA needs to come up with something durable if they don't want sewers in Town. Mr. Tolchinski stated that he spoke with George Hicks and Mr. Hicks stated that he is working with the beaches. He noted that Old Lyme Shores and Old Colony Beach came up with $40,000.00 plus an additional $50,000.00 from DEP. Mr. Tolchinski stated that they have begun a study that will be done by April. He noted that they are not having difficulty finding money. Mr. Tolchinksi stated that assuming that the people were not smart in buying these homes with the small lots, he still does not understand why the Town would only let them
use the house for only nine months and not pay attention that their septic systems are not working properly. He stated that the septic systems should be in compliance with the Code, regardless of the length of time the house is in use.
Chairman Tolchinski stated that there are many cesspools in Town and the septage will never come up; they will “never fail.” Ms. Eberly stated that the Town of Old Lyme does not have an Ordinance to eliminate cesspools. Mr. Tolchinski stated that he would like to have such an Ordinance and he would like to offer people a solution. Ms. Eberly questioned what they would do for someone who had a cesspool on four acres of land. Chairman Tolchinski stated that they would have to upgrade their septic systems to the Code.
Mr. Breunig stated that it makes sense to test these two properties and determine what their capacity really is. He noted that if the capacity is not large enough they could consider other things such as using land under the streets and in the alleyways.
Roger Breunig made a motion to engage Nathan Jacobson Associates and have them give an assessment of the two properties and how many houses they support and provide a cost estimate to transfer to that property.
Mr. Roberts stated that the Health Department talks about sewage coming to the surface; the DEP uses a formula, there does not need to be pollution, the lot just needs to be less than a specific size and it is a given that you are polluting. Mr. Roberts questioned whether the Town would run afoul with the State if they provided this solution to the beach area homes.
Mr. Roberts stated that there are people with large tracts of land that would be happy to take water that has already gone through a septic tank and is ready to go into a leach field and spray it on an agricultural field as is done in Massachusetts and Rhode Island. He questioned whether that could be done in Connecticut. Mark Gilbert, 67 Browns Lane, stated that it was done for quite awhile in the Town of Kent in Connecticut. He noted that they aren't doing it any longer only because the farm closed.
Mr. Breunig restated his motion. Mr. James seconded the motion.
Mr. James stated that the Xenon system at the high school was originally intended to purify the water and use it to irrigate the sports fields. He noted that it never was done, buy they had the permit to do it.
Chairman Tolchinski stated that he told George Hicks what he is proposing and Mr. Hicks indicated that it was a good idea. Chairman Tolchinski stated that he would like to try the proposal. He noted that the parking lot would remain a parking lot. Mr. Tolchinski stated that he is sorry if people think his idea is aggressive but he feels time is running out.
Mr. Curtis stated that it is a good time of year to evaluate the lots because we are going into a high groundwater period. Mr. Roberts questioned whether Mr. Curtis is ready to go forward if the motion is passed. Mr. Curtis replied that he is ready to begin testing.
The Commission voted on the motion, which passed unanimously.
Steve Dix stated that they should look at how the roads were used in the community and how they might be used as available space for septics. He noted that this is something that they might want to consider.
Chairman Tolchinski reiterated that the three-quarter acre lot would not change in use at all; it would still be a parking lot. He stated that they also discussed using this property for gray water and keeping the solids on the home sites. Mr. Dix questioned why they wouldn't do the opposite. Mr. Tolchinski stated that they would do whatever is better.
Mr. Curtis stated that many times the limiting factor on a lot is the nitrogen, not the ground water. He stated that for this reason, if the wastewater were treated to remove nitrogen the capacity of the lot would be increased.
Chairman Tolchinski stated that he invited the beach communities to the meeting and he does not see anyone present. He stated that maybe they will start coming when they hear that the Town is doing something.
An unidentified audience member questioned who would own the community system. Chairman Tolchinski replied that the way it worked with Point 'O Woods is that they own the system. Mr. Breunig questioned whether this is because they are a municipality. Mr. Roberts stated that all of the beach communities are a little different but he thinks they all have some type of charter from the State.
It was again questioned who would own the community system and Chairman Tolchinski stated that it would be all worked out. He stated that this all would have to be approved at a Town Meeting. He indicated that he thinks the beach that would benefit from it should own it. Chairman Tolchinski stated that it would be good, as Mr. James suggested, to have all the beach communities have their own WPCA's.
Chairman Tolchinski stated that he spoke with the Chairman of the Rogers Lake Association today and he is very concerned about Rogers Lake in regards to water quality and septic systems that are in close proximity to the lake. He noted that they might want to start looking for a parcel of land near Rogers Lake.
Mr. James stated that the Pesticide Committee met last evening and one of the things they are short of is cheap nitrates to apply to the fields. He noted that this would be an ideal substitute for leaf mulch. He noted that they are planning to use chicken manure, which is bad. Mr. James stated that there are 180 acres near Rogers Lake that are owned by the State and could be a source of land. He noted that the gray water question is crucial.
Mr. Curtis stated that he did a wastewater proposal at the golf course. He noted that criteria were established and accepted by the State. Mr. Curtis stated that it has to be treated to a high degree. Mr. James asked Mr. Curtis to find out what the criteria are and whether they could be met in Old Lyme.
Mr. Rose stated that he feels they are being threatened by the beach communities that they will work with the State if the Town does not give them what they want. He noted that the beach communities have not asked the Town for anything. Mr. Tolchinski stated that the beach communities are not going to ask for anything. He indicated that if the WPCA can offer a solution where the water will stay in Old Lyme, everyone will be happy. Mr. Rose stated that if they are given a system to help with their three bedroom house they will then want a five bedroom house. He indicated that the State will then want sewers. Mr. Rose stated that they are chasing their tail here. Mr. Tolchinski stated that most likely the homes will not be used year round but they will be year round on the registry.
Chairman Tolchinski stated that there appears to be a miss communication that he is trying to do something that no one needs.
Mr. Czarnecki stated that Point 'O Woods approached their problem because they were polluting. He questioned whether any of these other beaches were polluting. He questioned why they were addressing the issue when there is no problem. Chairman Tolchinski stated that there might be a problem. Mr. Czarnecki stated that it does not make sense to pursue. He questioned whether they wanted year round use. Chairman Tolchinski questioned why Point 'O Woods got sewered. Mr. Czarnecki stated that they got sewers because a few people wanted them and got testing that said they were polluting, despite the testing data that the Town had to the contrary. He stated that he has a house in Point 'O Woods and that the costs there were extraordinary and many people are moving out. Mr.
Czarnecki stated that the ramifications were not explained to these people and now 30 percent have sold and 40 percent are on the market. He noted that there assessments just came out and it is over $20,000 for a single family home; $600 a year for maintenance and this is above the bond money they received from each homeowner to put the sewers in. Mr. Czarnecki stated that he thinks the WPCA is just reacting rather than planning and at this point there is nothing to defend. He stated that they are anticipating and accommodating which almost implies guilt and the Town has done nothing wrong; there is no pollution and the Ordinances say that the homes are not year round. He questioned why they are taking the same approach as Point 'O Woods, noting that now most people there are wondering what happened – what sounded like a good idea now is forcing many to sell.
Mr. James stated that it is the legal issue. He indicated that he is being sued right now as a prior member of the Zoning Commission. Mr. James stated that he would like the now the strategy and the implications to this group by what is happening in Town now.
Attorney Ochsner explained his understanding of the Zoning matter, noting that he was not directly involved. Mr. Rose stated that the Zoning Commission is considering dropping the seasonal issue and letting it be handled by the Health Department and the WPCA. Mr. Czarnecki stated that there is still no present problem. Mr. Rose stated that it will come. Mr. Czarnecki stated that anticipation is good but questioned whether they were providing a solution to year round or pollution.
Mr. James stated that it does not hurt to get information for “if” and “when.” Mr. Rose agreed. Chairman Tolchinski suggested that they move on as the agenda is rather long.
Rogers Lake
Mr. James stated the subdivision application has been withdrawn for the time being. He indicated that for now he would like to focus their attention on phosphorus. Mr. James indicated that he has been working with the Inland Wetlands Commission to try to get a program for phosphorus abatement or controls. Chairman Tolchinski stated that they could take some time on this now that the application has been withdrawn.
Area of Special Concern
Chairman Tolchinski asked Mr. Curtis to spend a couple hours driving around Town next week to look at areas and discuss this.
Regulations
Chairman Tolchinski stated that they have until June to come up with new Regulations. He asked everyone to review the Regulations to see what should be changed to make things easier and more flexible. Chairman Tolchinski stated the Commission wanted to eliminate cesspools. He noted that they must first think of a solution before they ask to have cesspools eliminated.
Preparing New Budget
Chairman Tolchinski stated that the budget for the Commission is $24,613.00. He noted that they have used $10,548.00 and have $14,064.00 left. He indicated that he does not know if there are outstanding bills. Chairman Tolchinski stated that there will be a lot of money spent on engineering and would like to talk at the next meeting about designating an area of special concern and Jacobson can do some testing of the ground during high ground water in March and April. He noted that there are currently 35 wells and many more are needed. Mr. Tolchinski stated that they need to double their budget to about $50,000.00. He noted that the budget will be voted on at the Town Meeting on January 24.
Mr. Czarnecki stated that the budget states for July 2010 through January 2011. He indicated that they are now going into a new year. Chairman Tolchinski replied that the budget year goes through June. Mr. Czarnecki stated that the Commission has $14,000 left until July and questioned whether Chairman Tolchinski is asking for more money for the January to July 2011 time frame. Chairman Tolchinski replied that the increase would be for July 2011 to June 2012 budget year. He indicated that he is asking for this money at the January 24, 2011 meeting. He indicated that he would like a motion to increase the budget to $50,000.00. Mr. Breunig stated that he will have to plead his case to the Finance Board and explain the additional line items. Chairman Tolchinski indicated that he
will and will ask other Commission members to attend.
Mr. Curtis stated that the existing test wells are located near the beach areas and do not show a pollution problem. He noted no chronic violations. Mr. Breunig questioned where the additional wells would be placed. Mr. Curtis stated that the WPCA has mentioned an area of special concern with a higher level of monitoring to be sure there are no failing septic systems. Mr. Curtis stated that it can also give data on ground water so when someone wants to replace a septic system outside of the high groundwater time of year, they would have the data.
Mr. Czarnecki questioned the process, noting that they will need a description of work from Mr. Curtis before they can determine how much additional money to ask the Board for. Mr. Breunig stated that Old Lyme starts ahead of many other times in setting their next year's budget.
A motion was made by Dimitri Tolchinski to ask the Board of Finance to increase the budget to $50,000.00. Seconded by Mervin Roberts; so voted unanimously.
Minutes
A motion was made by Roger Breunig seconded by Keith Czarnecki and voted unanimously to approve the minutes of December 2, 2010 and January 6, 2010 Special Meetings.
Sanitarian’s Report
None.
Any New or Old Business
Mr. Roberts stated that he is glad that this did not pass last May because on re-reading it there are places in it where the DEP could say, there, you are polluting. He indicated that he would like to see any kind of these areas stricken out when its in a document that we are producing. Chairman Tolchinski agreed. He indicated that it was only proposed; it never passed. Mr. Roberts stated that if the Commission approves something they should never say that they are polluting and there are some things in here that imply that we are polluting. Mr. Roberts stated that he will take the next month to edit the document.
Chairman Tolchinski introduced a potential WPCA Member, Dan McFadden. Chairman Tolchinski asked for the Board's support in nominating him as an alternate member to the Board of Selectmen. He noted that the WPCA has nine members and three alternates.
A motion was made by Mervin Roberts.
Mr. Roberts questioned whether Mr. Dix would become a member again. Chairman Tolchinski stated that Mr. Dix is always welcome to come back.
Mr. James stated that he has a request from the Conservation Commission. He explained that at the January 2007 Dave McCulloch reported the use of pesticides on the fields at Town Woods. Mr. James went on to read a portion of the minutes from the January 2007 meeting. He explained that the Ad Hoc Pesicide Committee stopped meeting and the Conservation Commission took up the issue when the new State Law prohibiting the use of pesticides on Elementary and Middle School fields took effect.
Mr. James stated that the Town has gone organic on the District 18 fields, but now is requiring the elementary school kids to use the town fields for three years during the high school renovation project. He noted that the Conservation Commission wrote a letter to the Selectmen to have the Town's playing fields maintained without pesticides and arranged a trip for them to Branford to see other such fields. He noted that last evening the Selectmen has put together a committee of interested parties and the issues involved were discussed. He noted that the issue for the WPCA is ground water contamination.
Mr. James stated that the playing fields are very flat and some are near wetlands. He noted that organic treatment is 25 percent less expensive over 5 years. Mr. James stated that the WPCA must stress to the Selectmen of both Lyme and Old Lyme that use of pesticides are on fields will contaminate groundwater. Mr. Roberts stated that he feels they should be active on this subject. Chairman Tolchinski stated that maybe this is a good place for a test well. Mr. James stated that he believes there is one there. Mr. Curtis replied that there is a test well there but he doesn't test for pesticides. Mr. James gave Mr. Curtis the list of pesticides so that he could test for specific pesticides.
Chairman Tolchinski stated that Mr. Curtis should test for pesticides and prove that there is a problem before the WPCA writing a letter. Mr. Rose questioned how they could prohibit the use of approved pesticides. Mr. James stated that the State Law prohibits the use of them on elementary school fields and the Town is scheduling these same kids to play on Town fields that are sprayed with pesticides.
The meeting adjourned at 9:16 p.m. on a motion by Roger Breunig; seconded by Mervin Roberts and voted unanimously.
Respectfully Submitted,
Susan J. Bartlett
Recording Secretary
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