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EAST LYME CONSERVATION COMMISSION
Scrolling down or clicking the bookmarks will take you to all the submitted minutes for meetings held in June
SHOW CAUSE HEARING MINUTES JUNE 4, 2007 EAST LYME CONSERVATION COMMISSION
1. Cease and Desist Order Issued to Scacciaferro for construction of new outlet to a pond located on property on Boston Post Road, Assessor’s Map 30.3, Lot 14.
Members Present: Ed Hafner, Chairman; Walt Prochorena, Cheryl Lozanov, Candace Bodenhofer, Norm Bender, Rich Gallagher, Alternate Members Chuck Reluga, Joe Mingo and David Higgins
ALSO PRESENT: Keith Hayden, Conservation Enforcement Officer and Michael Scanlon III, L.S., of DiCesare Bentley Engineers
Mr. Hafner seated Mr. Reluga as a voting Alternate Member of the Commission and stated that he would not be voting on any motions made unless necessary to break a tie.
MOTION 1: Ms. Lozanov moved to open the hearing at 7:05 p.m. Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
Mr. Scanlon stated that Mr. Scacciaferro, the property owner, had met with him earlier in the day and stated that Mr. Scacciaferro informed him that he had opened a channel from the pond on his property causing a problem on other people’s properties. Mr. Scanlon stated that he had not had time to visit the site or come up with a remediation plan and requested time to survey the site and come up with a grading and planting plan.
Mr. Hafner asked Mr. Hayden for comments. Mr. Hayden stated that because the water has been lowered it is adversely affecting abutting properties and suggested that sand bags could be placed to temporarily remediate the problem. Mr. Hafner asked Mr. Scanlon if that was OK with him. Mr. Scanlon stated that he does not want to bring in equipment; he would like a couple of days to do a temporary repair. He should have something to present to the Commission by the next meeting. Mr. Hafner asked Mr. Hayden if that was OK with him. Mr. Hayden stated that he would like to see something done sooner than later because plants are being deprived of water. Mr. Scanlon stated that he could have something for Mr. Hayden to review by the end of the week.
Mr. Hafner stated that this site was on the site walk and there is a path leading up to the breach area.
Mr. Prochorena stated that he got the story that if the pond is restored to the previous condition the owner’s house would be flooded again and he would not want that to happen. He could see waiting a week or two to come up with a plan.
Mr. Hafner stated that Mr. Scanlon could work with Mr. Hayden in the coming weeks to have a plan to present at the next meeting. It was the consensus of the Commission that would be feasible and the Cease and Desist Order would remain in effect in the meantime.
MOTION 2: Ms. Lozanov moved that the Cease and Desist Order remain in effect until the next meeting of the Commission and a temporary plug will be put in so that the flow of water is not affecting abutting properties. Seconded by Mr. Gallagher.
VOTE: Motion passed unanimously.
MOTION 3: Mrs. Bodenhofer moved to close the Show Cause Hearing at 7:22 p.m. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary
REGULAR MEETING MINUTES JUNE 4, 2007 EAST LYME CONSERVATION COMMISSION
Members Present: Ed Hafner, Chairman; Walt Prochorena, Cheryl Lozanov, Candace Bodenhofer, Norm Bender, Rich Gallagher, Alternate Members Chuck Reluga, Joe Mingo and David Higgins
ALSO PRESENT: Keith Hayden, Conservation Enforcement Officer and Michael Scanlon III, L.S., of DiCesare Bentley Engineers
Mr. Hafner had seated Mr. Reluga as a voting Alternate Member of the Commission at the Show Cause Hearing and had stated that he 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.
Joe Kwasniewski of 67 Walnut Hill Road stated that he was present again for the wildlife behind him. There was a farm and now there will be houses built there. Wildlife has been brought in there over the course of years and they have multiplied. There are deer, rabbits, raccoons and possums. He is here for the Town to buy that property right now so the animals will have a place to go. Mr. Kwasniewski stated that he is here for the animals and to speak for them.
4. Acceptance of Minutes.
4.A. May 5, 2007 – Site Walk Notes.
The site walk notes were accepted with the following amendment:
Under Commission members present Ms. Lozanov’s name was spelled incorrectly.
4.B. May 7, 2007 – Regular Meeting Minutes. The minutes were accepted with the following amendment:
Page 5, Item 10, first sentence should read, “Ms. Lozanov stated that there is Town-owned open space with wetlands next to her house where the owner is throwing empty containers and trees on public property.”
5. Ex-Officio Report. None.
1. Public Act 87-533 Matters (Pending Applications.)
6.A. 8 Darrows Ridge Road – Seeman. Construction of House. Assessor’s Map 44, Lot 8-4.
This site was on the May 5, 2007 site walk.
Bob D. Pfanner was present to represent the applicant and reviewed the plan and stated that there is an existing disturbance in the wetlands area. The property owner will replant the area as shown on the plans. Mr. Pfanner stated that a 2000 SF area will be graded around the building and the septic system will be in the front of the house which will not have a whole full basement. There will be a walkout in the back with a small deck. There will be silt fence around the whole perimeter of the site.
Mr. Hafner asked for Mr. Hayden’s comments. Mr. Hayden stated that he would like to see the stock piles shown on the plans. Mr. Hayden stated that the planting plan is OK as it is.
Mr. Hafner asked if a few trees could be planted. Mr. Pfanner stated that there is an existing tree canopy.
MOTION 1: Mr. Prochorena moved to accept the application as complete. Seconded by Mrs. Bodenhofer.
VOTE: Motion passed unanimously.
MOTION 2: Ms. Lozanov made the following motion:
WHEREAS, the East Lyme Inland Wetlands and Conservation Commission has considered all evidence submitted at the meeting held on June 4, 2007 in support of the application of William and Ellen Seeman for a permit to construct a deck within the 100' upland review area and plant Mountain Laurel and Rhododendron shrubs to correct a previous wetlands violation as shown on the plan entitled "Plot Plan Darrows Ridge Lot 4 Prepared for William Seeman, #8 Darrows Ridge Road, East Lyme, Connecticut dated May 7, 2007" (Assessor’s Map 44, Lot 8-4).
WHEREAS, the Commission finds that the proposed activity will not affect existing drainage patterns, water table, water quality, or wildlife habitats and
WHEREAS, the potential danger of erosion and siltation mitigated through the use of proper erosion controls, and,
THEREFOR, the Commission hereby approves the above referenced application with the following conditions: 1. A stockpile location shall be shown in the front yard, protected by silt fence. 2. Notify Conservation Agent at least 2 days prior to construction to inspect erosion controls for each phase of construction. 3. Notify Conservation Agent upon completion to sign off on permit. 4. Changes to the plan will require additional approval, a new plan will be submitted prior to construction. 5. Additional work beyond the permitted activities will require approval from the Commission or its agent. 6. Native non-invasive trees will be planed with concurrence of the Conservation Enforcement Officer and so as not to block the view of the pond. 7. Any fill brought on the site will be from a clean source. 8. Plantings will have an 80% survival rate after one year and will be replaced as necessary.
Seconded by Mrs. Bodenhofer.
VOTE: Motion passed unanimously.
6.B. 44 Grassy Hill Road – Walnut Hill Chase llc. Permit Modification. Assessor’s Map 48, Lot 52.
Mr. Hafner stated that this application was withdrawn.
8. Old Business.
a. Proposed By-Laws.
Mr. Hafner stated that this matter was discussed at the last meeting and it was going to be discussed with the Town Attorney present and he wishes to discuss it at a later date. Mr. Hafner stated that formation of a subcommittee to review the by-laws had been discussed and asked for volunteers. Mr. Mingo, Mr. Prochorena and Ms. Lozanov volunteered to be on the subcommittee.
9. New Business. None.
10. Chairman’s Report. None.
11. Conservation Enforcement Officer Report.
Mr. Hayden stated that he administratively approved an application for a permit in the Hathaway Subdivision on Upper Pattagansett Road and they propose to put in a rain garden to improve drainage.
Mrs. Bodenhofer asked about the saw mill operation at Boston Post and Dean Roads. Mr. Hayden stated that he is trying to get in touch with the property owner.
Mr. Hayden stated that he had a call on Brookfield Drive where someone was putting debris in the brook and they would remove the debris.
Mr. Hayden asked Ms. Lozanov to let him know when she would like to meet to look at the property near her house where the neighbor is littering.
Mr. Mingo stated for the record that he has been dealing with Mr. Scacciaferro on his pond.
Mr. Reluga stated that two or three meetings ago Mr. Hayden was going to check up on fines. Mr. Hayden stated that he gave the information to the Director of Planning and he will follow-up on it.
MOTION 3: Mr. Prochorena moved to adjourn the meeting at 7:59 p.m. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary
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