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EAST LYME CONSERVATION COMMISSION
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July Regular Meeting Minutes, held on June 30, 2008 East Lyme Conservation Commission
Members Present: Ed Hafner, Chairman; Candace Bodenhofer, Cheryl Lozanov, Chuck Reluga, Norm Bender, Rich Gallagher, Seated Alternate Member Phyllis Berger, Non-Seated Alternate Members Keith Hall and Laurie Corona
Also Present: Keith Hayden, Wetlands Enforcement Officer
1. Pledge of Allegiance.
2. Additional Agenda Items.
The following items was added to the agenda:
4.E. June 2, 2008 – Holmes Road – Orvedal – Subdivision – Public Hearing Minutes.
3. Public Delegations. None.
4. Acceptance of Minutes.
a. May 31, 2008 – Site Walk Minutes
The minutes were accepted as submitted.
All of the following minutes should reflect the fact that Phyllis Berger was seated; not Laurie Corona.
b. June 2, 2008 – 115 Roxbury Road – Show Cause Hearing Minutes
The minutes were accepted with the following amendment:
Ms. Lozanov asked if the water was tested closer to where the house is located on the hill. The answer was no.
c. June 2, 2008 – 163 Chesterfield Road – Show Cause Hearing Minutes
Ms. Lozanov requested that the minutes reflect that a bulldozer was used on the site.
d. June 2, 2008 – Regular Meeting Minutes
The minutes were accepted with the following amendment:
Page 2, Motion 1 should read, “Mr. Gallagher moved to accept the application as complete.”
Page 4, Item 7.A., third paragraph should read, “Chairman Hafner stated their fining powers would be invoked on July 1, 2008 and he wondered if this matter drags on that we could use the fines.”
5. Ex-Officio Report. No report.
6. Public Act 87-533 Matters (Pending Applications).
a. Permit No. 06-02 – Transfer Request. Niantic Real Estate llc to New England National llc.
Atty. Ted Harris was present to represent the applicant. Atty. Harris stated that a permit for a subdivision on this site was granted in 2006 and a portion of the property was sold to New England National llc.
Mr. Hafner noted that requests for permit modifications are now being treated as an application would be and the Commission should decide on whether or not to have a public hearing to allow time for public review.
Ms. Lozanov asked if this company name will be on all the permits for this property. Atty. Harris stated that it is just for this parcel.
It was the consensus of the Commission that a public hearing would not be required for this application.
b. Darrows Ridge Road, Lot 29. New England National llc. Permit Modification Request, Permit 06-02.
Ed Wenke, P.E., Clint Webb and Atty. Ted Harris were present to represent the applicant.
Atty. Harris stated that the original permit for this was for a covered bridge to access six lots. Now they are proposing to install a culvert crossing for the intermittent stream.
Mr. Wenke stated that this application proposes the installation of a single 24” diameter HDPE culvert at this crossing location as an alternative to the previously approved bridge construction. Mr. Wenke further reviewed the Site Engineer’s Report dated June 20, 2008. Mr. Wenke then presented a revised plan B dated June 25, 2008 and reviewed the changes therein.
Ms. Lozanov asked how the installation of the culvert will affect road drainage. Mr. Wenke stated that it will not change.
Mr. Webb stated that the area does not appear to be wetlands any more but the engineer worked from the originally flagged wetland boundaries.
Ms. Lozanov noted that there is a lot of silt where the water is supposed to flow.
Ms. Lozanov asked if the roads will be curbed. Mr. Webb replied no.
Mr. Hafner stated that he thinks there should be a public hearing because there is fill being put in the wetlands on the site.
MOTION 1: Mr. Bender moved that a public hearing be held for this application on August 4, 2008. Seconded by Ms. Lozanov.
Mr. Gallagher noted that the impact to the wetlands had already been done. Mr. Hayden stated that the fill and grading for the access driveway were not permitted under the original permit. Mr. Bender stated that he thinks the impacts are significant.
VOTE: Motion passed unanimously.
Mr. Hafner stated that agenda item 8.A. would be addressed at this point in the meeting.
8. New Business.
a. Determination of Permitted Use As-of-Right – Lumber Harvest, Rocco Drive.
Jennifer Haddad of the Perma Treat Corporation in Durham, Connecticut was present and stated that there will be a stream crossing in the area of the existing cart path where a temporary bridge will be placed. Ms. Berger asked what alternative there is to access the site if the bridge crossing is not allowed. Ms. Haddad stated that the only option is to not go in there at all. The bridge will span the entire stream bed.
Mr. Bender asked if there will be any work done on the site at a later dated such as harvesting fire wood. Ms. Haddad stated that if that were done it would not be done by her company. Someone would have to get another permit.
Mr. Reluga asked if there were vernal pools on the site. Mr. Hayden stated that there were a lot of puddles on the road but that was in the spring and this work will take place in the dry season.
Ms. Haddad stated that the bridge will be put in place by the grapple of the log splitter and further explained how the crossing will work.
Ms. Lozanov asked if they ever had a bridge collapse. Ms. Haddad replied no and this will be a new bridge.
Mr. Hafner suggested that this application could be agent approved. Mr. Hayden stated that this could be considered an as-of-right use which does not require a permit.
Ms. Haddad stated that it is not their practice to mark or clear trees along the edge of the stream.
It was decided that Mr. Hayden would administratively approve a permit for the stream crossing.
7. Old Business.
a. Cease and Desist Order – New England National - Upper Kensington Drive - Issued November 1, 2007.
Mr. Hayden stated that there has been no activity on this site and no plans have been submitted.
b. Cease and Desist Order – Benjamin – 115 Roxbury Road. Issued June 4, 2008.
Mr. Benjamin and his son were present. Mr. Benjamin stated that he would like to correct the area that the Commission has issues with and would also like to maintain the brook to keep it free of debris so that it will not flood the property again. He wants to put in a pipe to keep the debris out. Mr. Benjamin stated that the Town Engineer suggested that he put in a 16” 20 foot long pipe in the channel.
Mr. Hayden stated that the fill should be pulled out and the wetlands soil put back where it was.
Mr. Benjamin stated that he feels the soil is contaminated. Mr. Hayden explained the scientific reasons for the soil discoloration which in turn explained why the soil is not contaminated. Mr. Benjamin insisted the soil is contaminated. Mr. Hafner suggested that Mr. Benjamin have the soil tested at his own expense as the Town could not test on private property. Mr. Bender stated that the UConn Cooperative Extension could provide information on companies that do testing.
Mr. Benjamin stated that he wants to be able to access the rear area of his property. Ms. Lozanov suggested that a bridge be put in the access the rear of the property. The bridge versus a pipe was further discussed.
Mr. Hafner stated that it seems that Mr. Benjamin is willing to restore the disturbed wetland area and apply for a permit to cross the stream.
Ms. Lozanov stated that she would like to site walk the property again. Mr. Hafner stated that Mr. Hayden would work with Mr. Benjamin to correct the C&D and start the permitting process.
c. Cease and Desist Order – Calkins – 163 Chesterfield Road. Issued June 4, 2008.
Mr. Calkins presented a restoration plan prepared by Don Fortunato, Certified Soil Scientist, which Mr. Hayden reviewed. Mr. Hafner asked if Mr. Hayden was pleased with the plan. Mr. Hayden stated that he is and the stumps will be removed from the site.
8. New Business.
b. Discussion of Revised Regulations.
Mr. Hayden handed out copies of the revisions to the regulations and reviewed that changes as noted in the “changes” section of the regulations.
Mr. Hall asked how the storm water regulations will be enforced. Mr. Hayden stated that he will use them as a guideline for reviewing applications but they will be administered as part of the Planning Regulations. The members of the Commission discussed the proposed changes and Mr. Hayden stated that he would send the revised regulations to the DEP for review and then a public hearing could be held.
MOTION 2: Mr. Gallagher moved to hold a public hearing on the regulations revisions at the September 8, 2008 meeting of the Commission. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
c. Discussion of Revised Bylaws.
Mr. Hayden handed out copies of the revisions to the bylaws and reviewed that changes.
MOTION 3: Mr. Bender moved that the bylaws be changed to read, “A special meeting of the Commission can be called by the Chairman or Vice Chairman of the Commission with 24 hours notice to the Town Clerk.” Seconded by Mrs. Bodenhofer.
VOTE: Motion passed 5-1-1. Aye: Mr. Hafner, Mrs. Bodenhofer, Mrs. Berger, Mr. Reluga, Mr. Bender. Nay: Ms. Lozanov. Abstained: Mr. Gallagher.
9. Chairman’s Report.
No report.
10. Conservation Enforcement Officer Report.
Mr. Hayden handed out copies of The Habitat and reviewed other various correspondence.
Mrs. Berger requested that pictures be taken on site walks for later reference. Mr. Hayden stated that could be done.
11. Adjournment.
MOTION 4: Mr. Bender moved to adjourn the meeting at 9:18 p.m. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary
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