EAST LYME CONSERVATION COMMISSION
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Public Hearing Minutes October 1, 2007
East Lyme Conservation Commission
Capitol Drive & Route 156 – JAG Capitol Drive llc
Assessor’s Map 9, Lot 19
Members Present: Cheryl Lozanov, Chairman Pro-Tem; Ron Nichols, Rich Gallagher, Norm Bender, Alternate Members Joe Mingo, Chuck Reluga and David Higgins
Ms. Lozanov seated Mr. Mingo, Mr. Reluga and Mr. Higgins as voting alternate members of the Commission and stated that she would not be voting on any motions made unless necessary to break a tie.
Also Present: Normand Thibeault, P.E., representing the applicant.
The public hearing was opened at 7:01 p.m.
The following exhibits were entered into the public hearing record:
1. Permit Application dated 8/31/07
2. DEP Activity Reporting Form.
3. Wetland Evaluation
4. Project Narrative
5. Proposed Conservation Easement
6. Sequence of Construction
7. Notification of Old Lyme of Project within 500' of Town Line.
8. Legal notice published 9/20/07
9. Drainage Report dated September 2007
10. Plans entitled Proposed 81 Unit Townhouse Development, dated 9/1/2007.
11. Legal notice published 9/28/07
12. Certificates of Mailing
13. Revised Drainage Report
14. Maintenance Plan – New
Mr. Thibeault stated that a plan was previously approved for this site which involved more activity than the currently proposed plan which includes 81 units of residential housing. Mr. Thibeault reviewed the plan and stated that there will be no activity within the wetlands or 50 feet of it. There will be a 14 acre conservation easement. Mr. Thibeault reviewed the drainage system. Mr. Thibeault stated that the development will be located in the center of the site and the impervious surface will be reduced by 80% from the previously approved plan. Mr. Thibeault stated that the site will be served by municipal water and sewer to prevent nitrogen overload.
Mr. Reluga asked how much of the entire site will be impervious surface. Mr. Thibeault stated about 7-8%.
Mr. Hayden stated that he had met with Mr. Thibeault and all of his comments had been incorporated into the current plan.
Scott Chester stated that Map 9, Lot 1 is zoned light industrial and asked if a waiver will be obtained for a residential use. Atty. Harris stated that would be a question for the Zoning Commission. Mr. Chester asked if the road would be privately owned and plowed by private contractors. Atty. Harris stated that was correct. Mr. Mingo stated that questions should be addressed to the Chairman. Mr. Chester asked how many parking spaces there will be. Mr. Thibeault stated that would be addressed by the Zoning Commission. Mr. Chester stated that if there are not enough parking spaces people will be parking in the wetlands area. Ms. Lozanov stated that the Commission has addressed those impacts with what is shown on the plans and Mr. Chester’s questions are good ones but should be addressed by the Planning and Zoning Commissions.
Ms. Lozanov asked for comments in favor of the application.
Joan Bengtson of 69 Walnut Hill Road stated that her question is do you all have what is on the plans in front of you. She wants to make sure the Commission has all the information up to date.
Bob Gadbois if 358 Boston Post Road stated that he kept hearing about fertilizers and he does not believe anyone will watch what fertilizers will be used. Mr. Thibeault stated that they are recommending that Audubon approved fertilizers be used and that can be worked into the plans and there will be a management company in charge of the upkeep of the facilities.
Ms. Lozanov stated that if the owners have an area to plant she would like the plantings to be native non-invasive species and would also like the wetlands delineated by wetlands marker tags.
Barbara Johnston of 35 Seacrest Avenue stated that she would like to know if this is the only area where they are proposing condos. Ms. Lozanov stated that the site is one parcel. Ms. Johnston stated that she wonders if the development will increase in size over time and why would you not go to Zoning first. Ms. Lozanov stated that the application goes to Conservation first to see if it is feasible for the proposed use in that area and after that the application goes to Planning and Zoning.
Ms. Johnston stated for the record that she is against this use.
MOTION 1: Mr. Mingo moved to close the public hearing at 7:55 p.m. Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary
REGULAR MEETING MINUTES OCTOBER 1, 2007
EAST LYME CONSERVATION COMMISSION
Members Present: Cheryl Lozanov, Chairman Pro-Tem; Ron Nichols, Rich Gallagher, Norm Bender, Alternate Members Joe Mingo, Chuck Reluga and David Higgins
Also Present: Keith Hayden, Conservation Enforcement Officer; Andy McKirdy, Ex-Officio
Ms. Lozanov had seated Mr. Mingo, Mr. Reluga and Mr. Higgins as voting alternate members of the Commission at the previous public 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.
None.
4. Acceptance of Minutes.
4.a. September 8, 2007 – Site Walk Notes
MOTION 1: Mr. Mingo moved to accept the site walk notes as submitted. Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
b. September 10, 2007 – Regular Meeting Minutes
MOTION 2: Mr. Reluga moved to accept the minutes with the following amendment:
Page 3, second line should read, “Mr. Hafner seated Mr. Higgins as a voting Alternate Members at this time.” Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
5. Ex-Officio Report.
Mr. McKirdy stated that he had brought the proposed ordinances for fines to the attention of the Board of Selectmen and they were not aware of them. Mr. Hayden stated that the Ordinances were forwarded to the First Selectman earlier in the day.
6. Public Act 87-533 Matters (Pending Applications).
6.a. Brockett & Lake Shore Drive – Giants Neck Improvement Club, Inc. Watershed Management Plan.
Public Hearing scheduled for November 5, 2007
6.b. Capitol Drive & Route 156 – JAG Capitol Drive llc. Construction of Housing. Assessor’s Map 9, Lot 19.
Ms. Lozanov noted that the public hearing for this application had been held and was closed.
MOTON 3: Mr. Nichols moved to accept the application as complete. Seconded by Mr. Mingo.
VOTE: Motion passed unanimously.
MOTION 4: Mr. Mingo made the following motion:
WHEREAS, the East Lyme Conservation Commission has considered all evidence submitted at the public hearing held on October 1, 2007 in support of the application of Jag Capital Drive, llc for a permit to construct portions of driveways, parking, and condominiums, and 2 detention basins within the 100' upland review area associated with a proposed 81 Unit Townhouse Development on 25.3 acres on property located at the southern end of Capitol Drive, Assessor's Map 09.0, Lot 19.
WHEREAS, the Commission finds that the applicant has successfully demonstrated the following:
a. The proposed activity will not affect existing drainage patterns, water table or water quality.
b. The potential danger of erosion and siltation are minimized by the implementation of proper erosion and sedimentation controls during construction.
c. The project does not change the suitability of the area for recreational or aesthetic enjoyment.
d. The proposed regulated activity will not impact wetlands or watercourses outside the area for which the activity is proposed.
e. There are no preferable alternate locations on the subject parcel for the proposed activities.
f. Further impacts to wetlands will be avoided by protecting the wetlands and upland review areas with Conservation Easements.
THEREFOR, the Commission hereby approves the above referenced application with the following conditions:
1. The Developer shall post a bond in an amount sufficient to cover the cost of the plants in the 2 detention basins. The plant survival rate shall be 90% after 1 year and 80% after 2 years. Replanting shall take place if the survival rates fall below the thresholds listed herein. The Developer shall submit an annual report to the Conservation Commission detailing the condition of the 2 basins and the annual survival rate of the plants.
2. The Developer must develop a phased construction plan to be approved by the Conservation Commission or its agent. The Developer must phase the work such that the entire project site is not stripped of all vegetation (trees and ground cover). Work cannot proceed to the next construction phase until vegetative cover stabilizes all disturbed areas in the current phase. The Conservation Officer must inspect and approve the vegetation prior to the Developer performing any construction activities for the next phase.
3. The topsoil can only be stripped and stockpiled from areas where construction is taking place.
4. The protected conservation areas must be clearly delineated to prevent inadvertent intrusion into these areas by construction activities.
5. Notify Conservation Agent at least 2 days prior to construction to inspect erosion controls for each phase of construction.
6. Notify Conservation Agent upon completion to sign off on permit.
7. Changes to the plan will require additional approval, a new plan will be submitted prior to construction.
8. Additional work beyond the permitted activities will require approval from the Commission or its agent.
9. No top soil will be removed from the property, it must stay on-site.
10. All plantings will be noninvasive native species plants.
11. Audubon Society approved fertilizers will be used.
12. Wetlands marker tags will be placed to delineate conservation easement/wetlands areas.
Seconded by Mr. Nichols.
VOTE: Motion passed 5-0-1, Mr. Gallagher abstained.
6.c. 392 Boston Post Road – Wade. Regulated Activities. Assessor’s Map 24, Lot 86.
Dan and Sally Wade, property owners, were present.
Mr. Hayden stated that the previously submitted application for this site was withdrawn and a new one was submitted; therefore the Commission must decide whether or not a public hearing will be held for this application. Mr. Hayden stated that the Wade’s had also submitted a letter requesting a waiver of the application fees. Ms. Lozanov read the letter dated September 20, 2007 into the meeting record.
Mr. Mingo stated that the letter is not part of the agenda items for discussion or the permit application. Mr. Mingo stated that he was not going to recuse himself because he has not seen the application yet. The letter is not part of the permit.
Mr. Wade stated that this is not working. Mr. Mingo had a personal interest in this property and wanted to purchase it.
Ms. Lozanov stated that the Commission could waive the application fees or not. Mr. Mingo stated that should be decided by the Board of Selectmen. Mrs. Wade stated that the Selectmen had directed them to approach the Conservation Commission.
Mr. Nichols suggested that consideration of the letter could be a separate item and the Commission should decided whether or not to hold a public hearing.
Mr. Mingo stated that he wants to be on record that all accusations against him are false. At a public hearing he can say anything he wants. Mr. Wade stated that he has recordings of Mr. Mingo discussing his property with Mr. Prochorena.
Mr. Mingo recused himself from the discussion at this time.
Ms. Lozanov asked for comments on the request for the fees to be waived. Mr. Bender stated he would prefer to table the request until the next meeting. It was the consensus of the Commission to table consideration until the November 5, 2007 meeting.
Mr. Wade noted that the regulations state that the fees must be paid by a certain date. The Commission discussed payment of fees and when they are due if not waived.
Mr. Wade stated that he is proposing to fill 4161 S.F. of wetlands to put in a barn and gravel driveway to access the property and harvest trees within the wetland and upland review area . The wood will be used for the barn construction and cord wood. The plan also calls for a concrete tennis pad. The previous plan was to fill in 15,000 S.F. of wetlands.
Mr. Nichols asked if this could be done without filling the wetlands. Mr. Wade stated that would not be feasible because the building will be solar and moving it would put it over the setback requirements.
MOTION 5: Mr. Nichols moved that a public hearing be held for this application on November 5, 2007 following the first public hearing scheduled for 7:00 p.m.. Seconded by Mr. Gallagher.
VOTE: Motion passed unanimously.
Mr. Mingo was seated again at this time.
7. Old Business.
7.a. 392 Boston Post Road – Wade – Notice of Violation.
Public Hearing scheduled for new application.
7.b. 63A Walnut Hill Road – Gilligan – Notice of Violation
Mr. Hayden stated that no action had taken place on this site for a few months but he talked to their engineer and they signed a contract with the property owner and they will have an application before the Commission at the next meeting.
7.c. 21 Brightwater Road – Turgeon - Superior Court Remand.
Atty. Ed O’Connell, Town Counsel, was present and gave the history of the legal proceedings associated with this site dating back to 2000. Atty. O’Connell stated that Meg Parulis, Director of Planning will be present at the next meeting of the Commission to address what should be done next to approve the application.
8. New Business.
8.a. Walnut Hill Properties llc – Walnut Hill Country Club.
Request for Extension of Permit No. 02-48.
Atty. Ted Harris was present to represent the applicant and stated that five years ago a permit was issued which will expire in November. The applicant has been before the DEP and still needs permits from them. Atty. Harris stated that they are requesting an extension for five years. Atty. Harris stated that the Commission is obligated to grant the extension of the permit if there are no changes to the plans.
Mr. Mingo stated that he would like for there to be a caveat that if there are any changes to the regulations the Commission can apply them to this permit. Atty. Harris stated that can’t be done.
MOTION 6: Mr. Nichols moved to extend this permit for five years. Seconded by Mr. Reluga.
VOTE: Motion passed 3-2-1. Aye: Ms. Lozanov, Mr. Reluga, Mr. Nichols. Nay: Mr. Mingo, Mr. Bender. Abstained: Mr. Higgins.
9. Chairman’s Report.
None.
10. Conservation Enforcement Officer Report.
Mr. Hayden had no report.
Mr. Mingo stated that he would like to make a comment about the fire at the school bus parking lot and he thinks some contaminants got into the ground water and wetlands there. He feels the gravel should be removed.
Mr. Hayden stated that he received the report from the Assistant Fire Marshall and the DEP that indicated it was negligible amount of chemicals that got to the parking lot.
Mr. Hayden stated that he did not think the regulations allow for soil testing on private property and questioned who would pay for the testing. Mr. Nichols suggested that a letter be sent to the Superintendent of Schools requesting that the soil be testing for contaminants in the area. Mr. Hayden noted that the area is about 30-40 feet from the flagged wetlands on a gravel surface.
Mr. Gallagher suggested that the gravel be removed.
Mr. Reluga noted that there were articles in the newspaper regarding Route 11 wetlands and wondered if the Commission should express their concern about wetlands issues and Route 11 and their displeasure about it. Mr. Reluga suggested a letter be written to the Board of Selectmen or the DEP.
Mr. Nichols suggested that the Director of Planning could talk to the Commission about Route 11.
Mr. Hayden asked Mr. Reluga if he would like to draft a letter. Mr. Reluga stated he would do that.
11. Adjournment.
MOTION 7: Mr. Nichols moved to adjourn the meeting at 9:15 p.m. Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary