APPROVED
OLD LYME WATER POLLUTION CONTROL AUTHORITY
REGULAR MEETING
THURSDAY, February 15, 2007
The Old Lyme Water Pollution Control Authority met on Thursday, February 15, 2007 at 7:30 p.m. at the Old Lyme Memorial Town Hall. Those present and voting were Tom Risom (Chairman), Mervin Roberts, Dimitry Tolchinsky, Joe O’Connor, Mike Dickey, and Louisa Grogan. Also present was Ron Rose, Sanitarian and Brian Curtis, WPCA Engineering Consultant.
Chairman Risom called the meeting to order at 7:35 p.m.
Four Ponds Subdivision
Attorney Salvatore DiGlio, Steve McDonald and Jamin Lorenzo were present to explain the community septic system proposed for Four Ponds Subdivision. Chairman Risom stated that the WPCA Regulations require that proposed community septic system must be reviewed by the WPCA. He explained that it is the WPCA’s role to be sure that the Town is not encumbered by any expense or hazardous condition in case the management authority running the septic system defaults. Chairman Risom stated that the WPCA will not comment on the engineering that the developer has decided upon. He noted that the WPCA will forward the community septic system plans to their consulting engineer who will advise the commission as to the appropriate bond amount.
Attorney DiGlio stated that he has been communicating with the Commission’s counsel, Mike Wells. He explained that the site is located on the Boston Post Road and consists of 83 mostly wooded acres. Attorney DiGlio stated that the property is unique in that it contains four sizable man-made ponds on the property. He noted that the plan is unique in that it creates its own environment; it will not be seen except for the entranceway on the Boston Post Road. Attorney DiGlio stated that the proposed road is a private road. He indicated that they are proposing a planned residential cluster development with 28 homes and a club house that contains a large living room, kitchen and library. Attorney DiGlio stated that they are also considering an outdoor swimming pool. Attorney
DiGlio explained that there will be walking trails through the 20 acre nature preserve along the four ponds. He noted that most of the homes are orientated so that they have views of one of the ponds.
Attorney DiGlio stated that a homeowner’s association will be formed to maintain the community sewage system, along with the private road, trails, landscaping and the clubhouse. He pointed out the community septic system on the site plan and noted that they are proposing this development because they feel it has less impact on the natural assets of the property. Attorney DiGlio stated that if this development is approved, the entire 83 acres will be held by the homeowner’s association subject to the terms of the declaration. He indicated that the homeowner’s association will be a non-stock corporation as required by Statute and will consist only of the unit owners. Attorney DiGlio stated that the declaration states that no C.O.’s will be issued and no portion of the
community sewage system will be operated without the necessary permits from DEP. He stated that the homeowner’s association will have to provide periodic inspection and evaluation reports to the Town Engineer, from a licensed professional engineer and comply with all recommendations of the Town Engineer.
Attorney DiGlio stated that there will be a permanent fund and a repair and replacement fund established in separate savings account passbooks in the name of the Town of Old Lyme as escrow agent and only the Town Treasurer shall have the sole authority to remove funds, subject to the approval of the WPCA. He explained that Statute requires that the availability of funds in the accounts be of actuarial adequacy. Attorney DiGlio stated that “actuarial adequacy” is for the WPCA to determine. He stated that he proposes $15,000.00 in the permanent fund appears to be adequate in that typically the annual cost for the inspections, evaluations and reports would be in the 10 to 12 thousand dollar range. Attorney DiGlio stated that they are proposing $100,000.00 for the repair and replacement
fund, four payments over a two-year period. He explained that he has been advised that the cost of the components of the system is in the 70 to 80 thousand dollar range if all components stopped working properly at the same time, which is an unlikely scenario. Attorney DiGlio stated that they propose an initial payment of $30,000.00 to be paid prior to the issuance of the first C.O., followed by a second payment of $30,000.00 within 12 months or prior to the issuance of the tenth C.O. and two $20,000.00 payments to be made in the second year. Attorney DiGlio stated that since the declaration was submitted they have spoken with realtors and now realize that their expectations of building and selling ten homes in the first year is ambitious and typically, in this price range, it would be five or six homes in the first year.
Chairman Risom noted that the Commission members have not seen the revised covenants. He questioned whether there would be a community water system. Attorney DiGlio indicated that they will have individual wells. He noted that in case of power failure, homeowners’ will have to depend on their own generators.
Chairman Risom questioned whether they will be installing a Xenon System. Attorney DiGlio indicated that Xenon is a generic term for the type of system. He stated that that is the type of system they will be using. Chairman Risom stated that the school system has to bring in septage from the other schools to feed the system. He indicated that he could not comment on whether $100,000.00 is enough.
Mr. Roberts questioned whether this system could be operated if only one or two homes sell in the first year. Mr. McDonald stated that the system is sized for the worst case scenario. He explained that that initially, the system may have to be fed.
Brian Curtis stated that there are several things the WPCA needs to think about. He indicated that the permit fund should be available to protect the financial interests of the Town, if for whatever reason the Association is not operating the system effectively. Mr. Curtis stated that a system of this size is quite costly, as was the high school system. He indicated that it would be helpful if the applicant’s engineer gave the WPCA a breakdown of all the various costs so that they can evaluate what will be a reasonable amount to set aside. Mr. Curtis stated that it is highly unlikely that everything will go wrong in one year but they would want enough to cover major components.
Chairman Risom questioned the timeline for the project. Attorney DiGlio stated that they are hoping to begin the project in the spring. Chairman Risom questioned the proper name for the proposed system. Mr. McDonald replied that they are called MBR’s or membrane bio-reactors.
Chairman Risom noted that the geese on the ponds will be dumping nitrogen into the ground water. Mr. McDonald stated that they install groundwater monitoring wells prior to the installing the system. He indicated that in another instance the pre-construction water test showed high levels of nitrogen in the ground water and after plant construction the nitrogen in the groundwater went down because of the quality of the effluent being released.
A motion was made by Dimitry Tolchinski, seconded by Joe O’Connor and voted unanimously to accept the application of Four Ponds for a community septic system.
Conservation Commission Presentation
Chairman Risom stated that that Dave McCulloch would be giving a presentation on the effects of pesticides on children. The Commission watched the twenty-minute presentation.
Mr. McCulloch stated that the Town of Lyme is planning to go organic. He indicated that it can be done easily, simply teaching the grounds people how to use the proper materials. He explained that in Hudson, Canada, they passed an ordinance that disallows pesticide use for cosemetic purposes on lawns. Mr. McCulloch stated that it eventually went to court and the Town was upheld, resulting in a great many cities and towns in Canada going pesticide free for cosmetic purposes. He noted that in the United States there is a law that will not allow Towns to ban the use of pesticides, but Towns can choose to restrict the use on their own land. Mr. McCulloch stated that there is a move to have Old Lyme pass an ordinance to ban pesticides on Town land and playing fields.
Chairman’s Report
Chairman Risom reported that there are two vacancies on the WPCA and requested that anyone knowing some one interested in the vacancies should let him know.
Treasurer’s Report
Ms. Grogan stated that she has one invoice for Jacobson that she has not processed because she is not sure who to charge. Mr. Rose stated that it should be charged to the Health Department. He indicated that he should receive all bills for water testing.
Mr. Roberts noted that Ms. Swaney will be keeping all WPCA records and documents. He indicated that all letters and miscellaneous paperwork given to Sue Bartlett at the WPCA meetings will be passed along to Mr. Swaney.
At 9:43 p.m., Mr. Tolchinsky made a motion to adjourn. Mr. Roberts seconded; so voted unanimously.
Respectfully submitted,
Susan J. Bartlett
Clerk
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