Regular Meeting Minutes   March 3, 2008

East Lyme Conservation Commission

Members Present:  Cheryl Lozanov, Chairman Pro-Tem; Candace Bodenhofer, Norm Bender, Chuck Reluga, Laurie Corona, Keith Hall

Also Present:  Andy McKirdy, Ex-Officio; Keith Hayden, Conservation Enforcement Officer

Ms. Lozanov had seated Mr. Hall and Mrs. Corona as voting Alternate Members at the previous hearing and had stated that she would not be voting on any motions made unless necessary to break a tie.

1.         Pledge of Allegiance.

2.         Additional Agenda Items.

None.

3.         Public Delegations.

Creig Peterson of 56 Walnut Hill Road stated that he’s here to express his displease, dismay and disappointment with the last Conservation Commission meeting.  At that meeting he presented evidence that an applicant for a subdivision had not completed his application form . . .

Mr. Hayden interjected that this dialogue could not continue because the public hearing on the application had been closed.

Mr. Peterson made the following statement, “Since the public hearing is now closed, all I can do at this point is to express my extreme displeasure, dismay and disappointment toward a commission that seems to be unwilling and/or unable to uphold its own regulations.  Having served on Town commissions myself, I know this is a rather thankless job but if you can not fulfill your legal functions you are doing more harm to the environment by remaining on the Commission than if you asked to be replaced by someone who would.”

Mark Christiansen of 66 Grassy Hill Road stated that there are discrepancies in the [Gilligan public hearing] minutes.  Atty. Harris stated that this is discussing what happened during a public hearing that is now closed.  Mr. Christiansen stated that the minutes are inaccurate.  Joan Kwasniewski-Bengtson stated that the minutes are inaccurate and she wants what she said corrected.  The minutes are wrong,  She wants it corrected.

Bonnie Dombrowski of 103 Walnut Hill Road stated that what she said in the minutes is not correct and her address is wrong.

4.         Acceptance of Minutes.

a.         January 7, 2008 – Regular Meeting Minutes

Tabled to the April 7, 2008 meeting.

b.         February 4, 2008 – 116 Flanders Road – Public Hearing Minutes

MOTION 1:        Mr. Reluga moved to approve the minutes with the following amendment:

                        Lori Corona should be spelled, “Laurie.”  Seconded by Mrs. Bodenhofer.

VOTE:               Motion passed unanimously.

c.         February 4, 2008 – 63A Walnut Hill Road – Gilligan – Public Hearing Minutes

MOTION 2:        Mr. Bender moved to approve the minutes with the following amendment:

                        Lori Corona should be spelled, “Laurie.”  Seconded by Mrs. Corona.

VOTE:               Motion passed unanimously.

d.         February 4, 2008 – Walnut Hill Chase – Public Hearing Minutes

Tabled to the April 7, 2008 meeting.

e.         February 4, 2008 – Regular Meeting Minutes

MOTION 3:        Mr. Reluga moved to approve the minutes with the following amendments:

                        Lori Corona should be spelled, “Laurie.”  Seconded by Mrs. Corona.

Page 1, Item 3, first line should read, “Mark Christiansen of 66 Grassy Hill Road stated that the would like to “talk” about drainage basins . . .”  Penultimate sentence should read, “He stated that he would like to express his grave concern about the suitability of so many catch basins.”

Page 2, Motion 1, Vote should read, “3-2-0.”

Page 2, Motion 3, first sentence should read, Whereas, the East Lyme Conservation Commission has considered “all” evidence.

Page 3, Item 10, the Grassy Hill address is 98 Grassy Hill Road.

Seconded by Mrs. Bodenhofer.

VOTE:               Motion passed unanimously.

5.         Ex-Officio Report.

Mr. McKirdy had no report.

6.         Public Act 87-533 Matters (Pending Applications).

a.         63A Walnut Hill Road – Gilligan.  Construction of Driveway.  Assessor’s Map 48, Lot 54.

MOTION 4:        Mrs. Bodenhofer moved to accept the application as complete.  Seconded by Mr. Reluga.

VOTE:               Motion passed 3-0-2.  Mr. Bender and Mrs. Corona abstained.

Ms. Lozanov asked for comments from the Commission.

Mr. Bender noted that conflicting testimony had been received saying the project poses no impacts and there was much discussion that did not address the wetlands application.  It is a complex situation.

Ms. Lozanov stated that the proposed driveway itself must be considered; that is what the application is for.  The applicant has shown that there will be no harm to abutting properties. 

Ms. Lozanov asked Mr. Hayden if neighbors would be notified prior to any blasting taking place.  Mr. Hayden stated that it is his experience and a pre-blast survey of surrounding properties is usually conducted. 

Ms. Lozanov reiterated that the Commission can only consider what happens in the wetlands and upland review areas; other concerns should be addressed with the proper authorities.

MOTION 5:        Mrs. Bodenhofer made the following motion:

WHEREAS, the East Lyme Conservation Commission has considered all evidence submitted at the public hearing held on December 3, 2007 and March 3, 2008 in support of the application of Kevin Gilligan for a permit to construct a driveway and perform grading partially within the upland review area as proposed on the plan entitled "Proposed Driveway Prepared for Kevin Gilligan, 63A Walnut Hill Road, East Lyme, dated October 25, 2007.

Whereas the applicant has demonstrated that the proposed activity will not directly impact the adjacent wetlands, and

Whereas the proposed activities will not adversely affect existing drainage patterns, water table or water quality and

Whereas the potential danger of erosion and siltation are minimized during construction by the implementation of proper erosion and sedimentation controls. 

THEREFOR, the Commission hereby approves the above referenced application with the following conditions:

1.  The limits of clearing shall be clearly flagged by a licensed surveyor and approved in advanced by the Commission or its agent. 

2.  Notify Conservation Agent at least 2 days prior to construction to inspect erosion controls. 

3.  If the excavated material will be stockpiled within the upland review area, all stockpile locations shall be shown on the plans and protected with sedimentation fence or hay bales.

4.  The remaining vegetation south of the existing culverts shall remain.  The area in and adjacent to the wetland where the vegetation has been removed shall be planted in accordance with the comment 3 on page 3 of the soils report dated October 12, 2007.

5.  Changes to the plan will require additional approval, a new plan must be submitted and approved by the Commission or its agent prior to construction.

6.  Additional work beyond the permitted activities will require approval from the Commission or its agent.

7.  If any of the work authorized by this permit requires a zoning, planning, or building permit, no work may take place until all required permits are approved and in place.

8.  Erosion controls shall be maintained and remain in-place until all disturbed soils are stabilized with vegetation and the Commission or its agent approves their removal.

9.  Any sedimentation controls that have to be removed to facilitate daily work activities shall be replaced and/or reinstalled at the end of each work day.

10.  Notify Conservation Agent upon completion to sign off on permit.

11.  A track pad will be added to the driveway during construction.

12.  As a last resort blasting will be done using the least invasive to neighbors method possible.

13.  The culverts on the property will be cleared of leaves.

14.  An inspection report for plant survival will be submitted for an 80% survival rate.

Seconded by Mr. Reluga.

VOTE:               Motion passed 2-1-2.  Motion passed 2-1-2.  Aye:  Mrs. Bodenhofer, Mr. Reluga.  Nay:  Mr. Bender.  Abstained:  Mr. Hall, Ms.  Corona.

b.         116 Flanders Road – Orvedal.  Clearing to Edge of Pond.  Assessor’s Map 21.1, Lot 57.

Ms. Lozanov noted that Mr. Orvedal had provided the information that the Commission had requested.

MOTION 6:        Mr. Bender moved to accept the application as complete.  Seconded by Mrs. Bodenhofer.

VOTE:               Motion passed unanimously.

MOTION 7:        Mrs. Bodenhofer made the following motion:

WHEREAS, the East Lyme Conservation Commission has considered all evidence submitted at the public hearings held on December 3, 2007, February 4, 2008 and March 3, 2008 in support of the application of Benjamin Orvedal for an after the fact permit to remove rocks from within a wetland, construct a wall, steps, landscaped areas and a stone walkway within the upland review area as

proposed on the plan entitled "116 Flanders Road, Orvedal, Regulated Activities, Dated October 23, 2007 as revised. 

Whereas the applicant performed regulated activities in and adjacent to a wetland without obtaining a wetland permit, and

Whereas the applicant has shown that the proposed activities will not adversely affect existing drainage patterns, water table or water quality and

Whereas the construction of the wall, steps, walkway and landscaped areas will not pose additional impacts beyond what has been disturbed to date. 

THEREFOR, the Commission hereby approves the above referenced application with the following conditions:

1.  Notify Conservation Agent at least 2 days prior to construction to inspect erosion controls. 

2.  Notify Conservation Agent upon completion to sign off on permit.

3.  Changes to the plan will require additional approval, a new plan will be submitted prior to construction.

4.  Additional work beyond the permitted activities will require approval from the Commission or its agent.

5.  The seasonal dock shown on the plan dated 12-7-07 (exhibit 14) is not authorized by this permit.  A future dock will require a separate application that includes approval by the land owner (the DEP).

            Seconded Mr. Reluga.

VOTE:               Motion passed unanimously.

c.         89 Walnut Hill Road – Walnut Hill Chase llc.  Permit Modification, Subdivision.  Assessor’s Map 52, Lots 57, 57-1, 123-1, 123.

Ms. Lozanov stated that she has concerns that this property tends to be pretty wet but the expert stated that there will not be any flooding. 

Mrs. Bodenhofer stated that it should be kept in mind that this is a permit modification and the wetlands are across the street from the property.  The applicant has proposed changes to improve the condition of the road. 

MOTION 8:        Mrs. Bodenhofer made the following motion:

WHEREAS, the East Lyme Inland Wetlands and Conservation Commission has considered all evidence submitted at public hearings held on February 4, 2008 in support of the Application of Walnut Hill Chase, llc for a permit modification to

Replace the retaining wall supporting Walnut Hill Road adjacent to a wetland, outlet storm water into the adjacent wetland, and construct drainage improvements along Walnut Hill Road and within 100' of a wetland.  All activities and conditions previously approved under Permit No. 07-05 and Permit Modification No. 07-05M still apply.  The approved plans are entitled " Volume I - Plans For Walnut Hill Chase, Open Space/Cluster Subdivision at 40 & 44 Grassy Hill Road and Walnut Hill Road Rear, & 89 Walnut Hill Road, East Lyme, CT, dated November 9, 2007 as amended.

(Assessor’s Map 52, Lots 57-1, 57, and 123-1 and Assessor's Map 48, Lot 54).

WHEREAS, the Commission finds that the applicant has successfully demonstrated that the proposed activities that are the subject of this permit modification will not have any measurable impacts to the down gradient wetlands, and 

WHEREAS, the applicant has demonstrated that there will be no increases to the rate of storm water flow or volume resulting from the proposed work

THEREFOR, the Commission hereby approves the above referenced application with the following conditions:

1.  Additional erosion controls shall be installed down gradient of the proposed storm water basin.  The erosion controls shall be approved by the Conservation Officer.

2.  If any of the work authorized by this permit requires a zoning, planning, or building permit, no work may take place until all required permits are approved and in place.

3.  Notify Conservation Agent at least 2 days prior to construction to inspect erosion controls for each phase of construction.

4.  Notify Conservation Agent upon completion to sign off on permit.

5. Changes to the plan will require additional approval, a new plan will be submitted prior to construction.

6. Additional work beyond the permitted activities will require approval from the Commission or its agent.

7. Work will be done during the dry season.

8. BMPs such and rain gardens, drains, pervious driveways and roof leaders will be considered.

9. A name and phone number for person responsible for drainage maintenance will be provided.

10. A plant survival rate of 80% report shall be submitted to the Town for five years.

Seconded by Mr. Reluga.

VOTE:               Motion passed 2-0-3.  Aye:  Mrs. Bodenhofer, Mr. Reluga, Abstained:  Mr. Bender, Mrs. Corona, Mr. Hall.

d.         24 Pattagansett Drive – Danila.  Permit Modification, Dock.  Assessor’s Map 30.2, Lot 113.

Mr. Danila was present and stated that he wants to put a dock on the pond by using the least invasive means and materials possible.  The dock will be constructed of aluminum and plastic which will not erode into the water.  Mr. Danila stated that the dock will provide recreational access to the lake.  Mr. Danila stated that he is working with a landscape architect on a planting plan. 

It was the consensus of the Commission that a public hearing would not be required for this application. 

7.         Old Business.

a.         63A Walnut Hill Road – Gilligan – Notice of Violation.

MOTION 9:        Mrs. Bodenhofer moved to lift the Notice of Violation for this property.  Seconded by Mr. Reluga.

VOTE:               Motion passed 4-0-1.  Abstained:  Mrs. Corona.

b.         116 Flanders Road – Orvedal – Notice of Violation.

MOTION 10:      Mrs. Bodenhofer moved to lift the Notice of Violation for this property.  Seconded by Mr. Reluga.

VOTE:               Motion passed unanimously.

c.         Upper Kensington Drive - Cease and Desist Order.

Mr. Hayden stated that he had met with Meg Parulis, Paul Formica, Jeff Torrance, Bob Pfanner and Ted Harris at this site.  The owner indicated that within two weeks they would have a plan ready for review which did not happen.  Mr. Hayden stated that he was told today that Mr. Torrance will meet with his engineer and the Commission will have a plan for the next meeting. 

This site will be on the next site walk.

d.         Proposed Wetlands Ordinance – Fines for Wetlands Violations.

Mr. Hayden handed out the proposed ordinances and review the schedule of fines which was then discussed. 

MOTION 11:      Mrs. Corona moved to approve and forward to the Board of Selectman the Ordinance for Fines and Wetlands Violations.  Seconded by Mrs. Bodenhofer. 

VOTE:               Motion passed unanimously.

8.         New Business.

a.         2 Ferro Court – Pfanner.  Cease and Desist Order.