EAST LYME CONSERVATION COMMISSION
Regular Meeting Minutes
September 10, 2007
Members Present: Ed Hafner, Chairman; Walt Prochorena, Cheryl Lozanov, Candace Bodenhofer, Norm Bender, Alternate Members Chuck Reluga, Joe Mingo and David Higgins
Also Present: Andy McKirdy, Ex-Officio; Keith Hayden, Conservation Enforcement Officer
Mr. Hafner seated Mr. Reluga and Mr. Mingo as voting alternate members of the Commission and 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.
None.
4. Acceptance of Minutes.
4.A. August 6, 2007 – Regular Meeting Minutes.
The minutes were accepted as submitted.
5. Ex-Officio Report.
There was no report at this time.
6. Public Act 87-533 Matters (Pending Applications).
6.a. Brockett & Lake Shore Drive – Giants Neck Improvement Club, Inc. Watershed Management Plan.
Laurie Corona was present to represent the applicant.
Mr. Hafner noted that this site was on the September 8, 2007 site walk.
Ms. Corona stated that they had prepared an extensive report on what they would like to do to maintain the pond and surrounding area. Ms. Corona stated that the report details the maintenance activities that have been taking place for the past 20 years which includes cutting the grass, trimming bushes once a year in the fall and an aeration program for the pond which helps to control algae growth. Ms. Corona stated that they want to control Lilly pad growth by raking the pond and they are looking into long-term ways to control the growth.
It was the consensus of the Commission that a public hearing should be held for this application.
Mrs. Bodenhofer questioned the need for a public hearing as the public interest or concern would be neighbors who do not seem to be concerned about the proposed activity. Ms. Corona stated that there are a few neighbors who do not want the maintenance activities but that is a minority of people. People like to fish and ice skate on the pond and there is a memory garden that is maintained.
Mr. Hafner asked who owns the pond. Ms. Corona stated that the Giants Neck Beach Association Improvement Club owns the pond.
MOTION 1: Mr. Bender moved that a public hearing be held for this application on November 5, 2007. Seconded by Mr. Reluga.
VOTE: Motion passed unanimously.
6.b. Capitol Drive & Route 156 – JAG Capitol Drive llc. Construction of Housing. Assessor’s Map 9, Lot 19.
Norman Thiebeault, P.E., was present to represent the applicant. Mr. Thiebeault stated that the Town of Old Lyme had been made aware of this application since the site is within 500 feet of that town. Mr. Thiebeault stated that the site can be accessed from Capitol Drive and Route 156 but the main access for the project will be from Route 156. The site consists of 24 acres separated by two wood swamp wetland systems. There will be a 50’ conservation easement with wetlands marker tags surrounding the wetlands. There will be 81 units of single family housing. Mr. Thiebeault stated a plan for “flex space” was approved by the Commission but this plan calls for less paved area, the roads will be narrower and 70% more of the area will be left in a natural state.
Mr. Hafner asked if there will be any direct wetlands impacts. Mr. Thiebeault stated that will not.
MOTION 2: Mr. Mingo moved that a public hearing be held on this application on October 1, 2007. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
6.c. 392 Boston Post Road – Wade. Regulated Activities. Assessor’s Map 24, Lot 86.
Dan Wade, property owner and applicant was present.
Mr. Mingo recused himself from discussion of this application and Mr. Higgins was seated as a voting alternate member of the Commission.
Mr. Wade requested, per State Statute, that Mr. Prochorena recuse himself from discussion of this application because he did not feel that Mr. Prochorena should be part of this discussion. Mr. Prochorena stated that he did not know Mr. Wade and would not know him if he saw him in Stop & Shop.
Sally Wade, property owner, stated that Mr. Mingo has stated that he has discussed this site with Mr. Prochorena over coffee.
Mr. Prochorena stated that he is not impartial [sic]. Mr. Prochorena left the meeting at this time.
Mr. Hafner seated Mr. Reluga as a voting Alternate Member at this time.
Mr. Wade stated that they bought this property in 2004 and nobody told them there were wetlands on the property. They would not have bought it if they had known. Mr. Wade stated that they have had the wetlands delineated on the site. They want to build a 40’x60’ building and put in a driveway where the existing driveway is in order to access their other property. Mr. Wade stated that they want to reconstruct a stone wall and put up a privacy fence.
MOTION 3: Mr. Reluga moved that a public hearing be held on this application on October 1, 2007. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
Mr. Mingo rejoined the meeting at this time and stated that a lawyer should have been present for the Boston Post Road application. Mr. Higgins noted that Mr. Hayden had worked hard to establish a rapport with the applicant. Mr. Hayden stated that he would consult Atty. O’Connell but he agreed with Mr. Higgins’ observation. Mr. Mingo stated that there are two public hearings scheduled for the next meeting and an attorney should be present for the whole meeting.
The Commission discussed legal representation.
7. Old Business.
a. Proposed By-Laws – Subcommittee Report
Ms. Lozanov stated that all of the proposed changes were not included in the document provided.
Mr. McKirdy arrived at this point in the meeting. Mr. McKirdy stated that the budget had finally been approved; the charter revision commission was not approved and it will soon be time to prepare for the next budget.
The Commission reviewed the revisions to the by-laws.
MOTION 4: Mr. Mingo moved to approve, as amended, the Conservation Commission By-Laws. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
7.d. Proposed Ordinance – Citations for Wetland Violations
7.e. Proposed Ordinance – Citation Hearing Board
Mr. Hafner stated that the two proposed ordinances that the Commission is seeking to have approved by the Board of Selectmen with the Board serving as a hearing board for citations. Mr. Mingo wondered if the DEP has a hearing board for citations. Mr. Hayden stated that he would look into that.
The Commission discussed ordinances in detail.
MOTION 5: Mr. Mingo moved to forward the proposed ordinances to the Board of Selectmen for their review. Seconded by Mrs. Bodenhofer.
VOTE: Motion passed unanimously.
Mr. Mingo thanked Mr. Hayden for doing a good job in preparing the Ordinances.
7.B. 392 Boston Post Road – Wade – Notice of Violation.
Public hearing scheduled for October 1, 2007.
7.C. 63A Walnut Hill Road – Gilligan- Notice of Violation.
Mr. Hayden stated that the property owner had hired an engineer but nothing had been done yet.
8. New Business.
None.
9. Chairman’s Report.
No report.
10. Conservation Enforcement Officer Report.
Mr. Hayden stated that the next segment of the Wetlands Commissioner Training is scheduled. Mr. Hafner requested that the members of the Commission be e-mailed the particulars.
11. Adjournment.
MOTION 6: Ms. Lozanov moved to adjourn the meeting at 9:07 p.m. Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary