UNAPPROVED
OLD LYME ZONING COMMISSION
MINUTES OF SPECIAL MEETING
Tuesday, July 22, 2008
The Old Lyme Zoning Commission held a Special Meeting Tuesday, July 22, 2008 at 7:00 p.m. in the Old Lyme Zoning Office. Members present were Tom Risom, Chairman, Jane Marsh, Jane Cable, John Johnson, Ted Kiritsis (Alternate) and Patrick Looney. Also present was Ann Brown, Zoning Enforcement Officer.
1. Convene Meeting
Chairman Risom convened the meeting at 7:00 p.m.
2. Coastal Site Plan Application to construct three pump stations and sanitary sewers in Point ‘O Woods, Point ‘O Woods Water Pollution Control Authority, Inc., applicant.
Findings:
The Commission makes the following findings of fact based on the documents and testimony in the record:
1. The Point O’ Woods Association (“POW”) is a specially chartered municipal corporation having its territorial boundaries within the Town of Old Lyme.
2. POW has created a Water Pollution Control Authority (“WPCA”) under the authority of Conn. Gen. Stats. §7-245, et. Seq.; and its Charter, §1.5(8), (10), and (17).
3. POW entered into a consent order with Connecticut Department of Environmental Protection requiring that it abate water pollution resulting from substandard and malfunctioning septic systems. POW, acting by and through its WPCA, has been in exclusive control of selecting the methods by which such order shall be implemented, without any involvement by the Town of Old Lyme or any agency thereof.
4. The activities proposed by POW trigger the requirement for coastal site plan review pursuant to Conn. Gen. Stats. Section 22a-105.
5. The Commission has evaluated the activities proposed pursuant to the criteria set forth in Conn. Gen. Stats. Section 22a-106, and has received a report from the Connecticut Department of Environmental Protection, Office of Long Island Sound Programs dated June 2, 2008. Based on the materials in the record, the Commission finds that:
a. The proposed impacts of the activities set forth in the coastal site plan application will not be adverse either on the coastal resources or future water-dependent development opportunities;
b. The impacts of this application are acceptable and the application is consistent with the goals and policies of Conn. Gen. Stats. § 22a-92, specifically as set forth in Conn. Gen. Stats. § 22a-92 (b)(1), which discourages extension of sewer services “except that, when necessary to abate existing sources of pollution, sewers that accommodate existing uses with limited excess capacity may be used.”
c. In making these findings, the Commission has considered:
i. The characteristics of the site, including the location and condition of coastal resources defined in Conn. Gen. Stats. § 22a-93 (the coastal waters of the state, their natural resources, related marine and wildlife habitat and adjacent shorelands, both developed and undeveloped, that together form an integrated terrestrial and estuarine ecosystem);
ii. The potential effects, both beneficial and adverse, of the proposed activity on coastal resources and future water-dependent development opportunities; and
iii. The goals of Conn. Gen. Stats. § 22a-92.
6. The Commission takes into account in making these findings that POW has proposed these activities specifically as a result of a consent order POW entered into with the Department of Environmental Protection for the purposes of protecting the Long Island Sound from pollution. The Commission relies upon the Department of Environmental Protection’s conclusions and recommendations in making the findings set forth in this motion.
WHEREFORE, based on the foregoing findings, the Old Lyme Zoning Commission hereby grants the application of POW for a Coastal Site Plan Permit to allow Government Service in accordance with the application materials, subject to the following conditions and modifications:
POW shall be responsible for providing traffic management personnel to protect the public safety and prevent traffic congestion at its sole expense. Such personnel, and their deployment, shall be subject to the approval of the First Selectman.
There shall be no stockpiling of surplus material for more than one (1) day.
Any processing of rock or ledge removed from the trenches shall be performed only on a premises that complies with the Old Lyme Zoning Regulations, if such processing is to occur within the Town of Old Lyme.
POW shall submit the truck route(s) to be used for the hauling of any material to or from the construction site, which route(s) will be subject to the review and approval of the Commission.
There shall be a pre-construction meeting with the East Lyme and Old Lyme Inland Wetlands and Watercourses Officers, Town Engineers, Building Official, Fire Marshal, Sanitarian, and First Selectmen or their respective designee(s).
Check dams shall be used where groundwater is encountered in trenches to prevent diversion of ground water flow along the trench route.
POW’s designated engineer shall provide construction supervision to ensure compliance with the approved plans, erosion and sedimentation control, and installation of check dams, and other provisions of this Motion.
Construction work within the access road to Point O’ Woods in the area of the railroad bridge shall only be performed during non-peak season i.e., when the public water supply has been shut off; and on non-peak days or hours so as to minimize the risk of restricted emergency access.
Prior to the commencement of construction, the maintenance contract for the sewerage system shall be subject to review and approval by the Commission’s engineering consultant and attorney to assure that the maintenance as represented by POW during the public hearing will be performed.
No water connection lateral for any dwelling shall be altered to allow for winter occupancy without the approval of the Director of Health and the Zoning Enforcement Officer in accordance with Section 11.19 of the Zoning Regulations.
The approval shall be subject to the recommendations contained in the letters from the Commission’s consulting engineer, Thomas Metcalf, P.E., dated July 3, 2008 and July 10, 2008, specifically including:
a. Dewatering plans shall be submitted to Mr. Metcalf to confirm that they have been prepared (item (b) of his July 3, 2008 letter). Review by Mr. Metcalf of these plans (or any others) shall not be construed as any acceptance of responsibility for the design, oversight, or supervision of the system by Mr. Metcalf or the Town of Old Lyme.
b. In accordance with Section 4.4.6.3, the plans shall be modified as recommended by Mr. Metcalf’s letters (item 6(b) in the July 3, 2008 letter) to reflect the Boat Basin Pump Station location in the 100-year flood zone. The pump chamber chamber access manhole and critical support facilities should be elevated above the base flood elevation. Additionally, if the manhole access is within one foot of the base flood elevation it shall have a water-tight type cover and any critical support facilities within one foot of the base flood elevation be flood-proofed and/or capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy as applicable. All manholes in the 100-year Flood Zone or within one foot of the
base flood elevation must have water-tight covers.
c. A stormwater pollution prevention plan shall be prepared by a licensed professional engineer and submitted for review and approval by Mr. Metcalf prior to the start of construction.
d. Submission of an erosion and sedimentation control bond in an amount to the satisfaction of Mr. Metcalf, and in a form acceptable to the Commission’s attorney, Mark K. Branse. This may be the same bond required in accordance with the Inland Wetlands and Watercourses Commission’s approval March 3, 2008.
e. The applicant shall coordinate construction work and scheduling per item 6(f) of Mr. Metcalf’s July 3, 2008 letter.
f. A Flood Hazard Area Permit, if required under Section 4.4.7, shall be obtained prior to the commencement of construction.
12. This approval does not constitute approval of the conversion of any dwelling from seasonal occupancy to year round occupancy, now or in the future. Such conversion requires an application in accordance with Section 11.19 of the Zoning Regulations.
13. To meet the policies of CT General Statutes 22a-92 (b)(1), approval is limited to the specific capacity of the system applied for of average daily volume of 105,000 gallons for the sole purpose of addressing existing potential sources of pollution.
3. Adjourn.
At 9:36 p.m. a motion was made by John Johnson, seconded by Ted Kiritsis and voted unanimously to adjourn.
Respectfully submitted,
Susan J. Bartlett
Recording Secretary
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