EAST LYME CONSERVATION COMMISSION
Scrolling down or clicking the bookmarks will take you to all the submitted minutes for meetings held in November
| Public Hearing I, November 5, 2007 |
| Public Hearing II, November 5, 2007 |
| Regular Meeting, November 5, 2007 |
| Show Cause Hearing, November 5, 2007 |
PUBLIC HEARING MINUTES Brockett & Lake Shore Drive
EAST LYME CONSERVATION COMMISSION
NOVEMBER 5, 2007
Members Present: Ed Hafner, Chairman; Ron Nichols, Candace Bodenhofer, Norm Bender, Rich Gallagher, Seated Alternate Member Chuck Reluga
Also Present: Laurie Corona, 18 Brockett Road, representing the applicant; Keith Hayden, Conservation Enforcement Officer
1. Brockett & Lake Shore Drive – Giants Neck Improvement Club, Inc.
Watershed Management Plan.
MOTION 1: Ms. Lozanov moved to open the public hearing at 7:52 p.m. Seconded by Mr. Nichols.
VOTE: Motion passed unanimously.
The following exhibits were entered into the public hearing record:
1. Permit application dated 8/22/07
2. DEP Reporting Form
3. Legal Notice of Public Hearing published on 10/25/07
4. Legal Notice of Public Hearing published on 11/2/07
5. Letter of support from Marilyn Horton, President, Giants Neck Beach Association dated 11/1/07
6. Upper and Lower Nehantic Lake Watershed Management Plan.
Mr. Hafner stated that evidence in favor of the application would be hear first with the applicant having first opportunity to speak.
Ms. Corona stated that they are trying to make residents in the area aware of good housekeeping practices in maintaining the ponds.
Mr. Hafner asked if some homeowners maintain lawn to the edge of the water. Ms. Corona stated that some do and it’s been that way for many years.
Ms. Lozanov asked for discussion on mitigation of invasive species. Ms. Corona stated that the bamboo will be cut and they do not plan on any chemical treatments at this time.
Ms. Corona reviewed the Watershed Management Plan and fielded questions from the members of the Commission.
It was requested that the plan include the requirement that the Conservation Commission be contacted in the event chemicals are used on the pond.
Mr. Nichols and Mrs. Bodenhofer commended the association for preparing such a comprehensive long-term plan.
Regarding the culvert pipe, Ms. Corona stated that they are investigating options for clearing it.
Ms. Corona reviewed an e-mail from Atty. Joseph Eremita expressing that he does not want the condition of the ponds to deteriorate into a muddy swamp.
Mr. Hafner asked for comments in opposition or neutral regarding the application. There were none.
MOTION 2: Mrs. Bodenhofer moved to close the public hearing at 8:27 p.m. Seconded by Ms. Nichols.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary
PUBLIC HEARING MINUTES 392 Boston Post Road – Wade
EAST LYME CONSERVATION COMMISSION
NOVEMBER 5, 2007
Members Present: Ed Hafner, Chairman; Ron Nichols, Candace Bodenhofer, Norm Bender, Rich Gallagher, Seated Alternate Member Chuck Reluga
Also Present: Keith Hayden, Conservation Enforcement Officer; Dan & Sally Wade, applicants
2. 392 Boston Post Road – Wade. Regulated Activities. Assessor’s Map 24, Lot 86.
MOTION 1: Ms. Lozaonov moved to open the public hearing at 8:35 p.m.. Seconded by Mr. Nichols.
Mrs. Bodenhofer noted that she is three houses down from the subject property and although she feels she can be objective in consideration the application she would step down if the applicant wished. The Wades stated that they were OK with Mrs. Bodenhofer remaining seated.
VOTE: Motion passed unanimously.
The following exhibits were entered into the public hearing record:
1. Notice of Violation dated June 13, 2007
2. Permit Application dated August 23, 2007
3. DEP Reporting Form
4.&5. Legal Notices of Public Hearing dated 10/25/07 and 11/2/07
6. Narrative of proposed activities
7. Soil Report dated 8/21/07
8. Map of Aquifer Protection Area
9. Flood Insurance Rate Map
10. Stream Flow Report
11. Property survey plan
12. Mailing Receipts
Mr. Hafner stated that a letter from the Wade’s attorney dated November 1, 2007 had been received asking that the public hearing be postponed or continued. Mr. Hafner stated that the contents of the letter are questioning some legalities regarding members of the Commission meeting amongst themselves and sitting in on particular applications.
MOTION 2: Mr. Bender moved to continue the public hearing. Seconded by Mr. Reluga.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary
REGULAR MEETING MINUTES NOVEMBER 5, 2007
EAST LYME CONSERVATION COMMISSION
Members Present: Ed Hafner, Chairman; Ron Nichols, Candace Bodenhofer, Norm Bender, Rich Gallagher, Seated Alternate Member Chuck Reluga
Also present: Keith Hayden, Conservation Enforcement Officer
1. Pledge of Allegiance.
2. Additional Agenda Items.
Mr. Hayden stated that there was an application that was not put on the agenda.
The following items was added to the agenda:
6.h. 15 & 19 Chesterfield Road – GPF Flanders Plaza, ll. Parking Lot Permit Modification. Assessor’s Map 31.1, Lots 54 & 55.
3. Public Delegations.
None.
4. Acceptance of Minutes.
a. October 1, 2007 – Regular Meeting Minutes
The minutes were accepted with the following amendment:
Page 5, Item 10, fifth paragraph should read, “Mr. Gallagher suggested that the gravel be sampled.
5. Ex-Officio Report.
No report.
6. Public Act 87-533 Matters (Pending Applications).
a. Brockett & Lake Shore Drive – Giants Neck Improvement Club, Inc. Watershed Management Plan.
Public Hearing Scheduled for November 5, 2007.
MOTION 1: Mr. Nichols moved to accept the application as complete. Seconded by Mr. Gallagher.
VOTE: Motion passed unanimously.
MOTION 2: Mr. Nichols made the following motion:
WHEREAS, the East Lyme Conservation Commission has considered all evidence submitted at the public hearing held on November 5, 2007 in support of the application of the Giants Neck Improvement Club, Inc., for a permit to perform maintenance activities in and around both the upper and lower Nehantic lakes as proposed in the "Upper and Lower Nehantic Lake Watershed Management Plan" dated August 2007.
WHEREAS, the Commission finds that the applicant has successfully demonstrated the following:
a. The proposed activities will not adversely affect existing drainage patterns, water table or water quality.
b. Implementation of the management plan will protect, preserve, and enhance the suitability of the area for recreational and aesthetic enjoyment.
THEREFOR, the Commission hereby approves the above referenced application with the following conditions:
1. All association members shall be notified that the "Upper and Lower Nehantic Lake Watershed Management Plan" (The Plan) has been approved and will be implemented. Copies of The Plan shall be made available for association members to review.
2. Changes to The Plan and/or additional work beyond the permitted activities will require approval from the Commission or its agent.
Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
b. 392 Boston Post Road – Wade. Regulated Activities. Assessor’s Map 24, Lot 86.
Public Hearing continued to December 3, 2007.
Mr. Hafner stated that the Commission could consider the applicant’s request for a waiver of the application fees.
It was the consensus of the Commission in accordance with the wetlands regulations and deference to other applicants, the fees not be waived.
MOTON 3: Mr. Nichols moved that the request for a waiver of the fees for this application not be waived based on the Inland Wetland Regulations. Seconded by Mrs. Bodenhofer.
VOTE: Motion passed unanimously.
c. 26 & 30 Green Cliff Road – Phillips. Construction of House. Assessor’s Map 21.4, Lot 53, Lot 21.3, Lot 158.
Mr. Hafner stated that the Commission must decide whether or not to hold a public hearing on this application.
Ken Petrini, of DiCeasre Bently Engineering was present to represent the applicant.
Mr. Petrini stated that the lot is .5 acre in size and the wetlands have been delineated on the site. The wetlands are on Lot #26. Mr. Petrini stated that the plans call for the use of hay bales and silt fence. Mr. Petrini stated that the house will be connected to municipal sewers because the lot cannot sustain a septic system.
It was the consensus of the Commission that a public hearing would not be necessary for this application.
Mr. Hafner stated that the site will be on the next site walk.
d. 55 Roxbury Road – Dittner. Construction of House. Assessor’s Map 16.1, Lot 49.
e. 59 Roxbury Road – Dittner. Construction of House. Assessor’s Map 16.1, Lot 48.
Bob Pfanner, P.E., of Pfanner & Associates was present to represent the applicant. Mr. Pfanner stated that the applicant lives in house #55 and the septic system needs to be replaced.
Mr. Hafner noted that this site was included in the November 3, 2007 site walk.
Mr. Pfanner stated that the limits of clearing are shown on the plans and silt fence is included also.
It was the consensus of the Commission that a public hearing would not be necessary for this application.
f. 63A Walnut Hill Road – Gilligan. Construction of Driveway. Assessor’s Map 48, Lot 54.
Mr. Pfanner was present to represent the applicant and reviewed the plans for cutting down the steep slope of the driveway.
Mr. Nichols asked if there will be fill in the wetlands. Mr. Pfanner stated there would not be.
MOTION 4: Ms. Lozanov moved that a public hearing be held for this application. Seconded by Mr. Gallagher.
VOTE: Motion passed 3-4-0. Aye: Mr. Reluga, Mr. Gallagher, Ms. Lozanov. Nay: Mr. Bender, Mrs. Bodenhofer, Mr. Nichols, Mr. Hafner.
g. 116 Flanders Road – Orvedal. Clearing to Edge of Pond. Assessor’s Map 21.1, Lot 57.
Ben Orvedal, property owner and applicant, was present.
Mr. Orvedal stated that he had “plucked” granite slabs from the pond with a backhoe and placed them on the lawn of the property. Mr. .Orvedal stated that the slabs were not natural to the pond. Mr. Orvedal stated that he excavated a pathway to the slabs on the lawn.
Mr. Orvedal stated that his application is in response to a Notice of Violation.
Mr. Hayden stated that the Notice of Violation requires that Mr. Orvedal apply for a permit to restore the site.
It was pointed out the Mr. Orvedal is a property developer and is well aware of what activities require a permit.
MOTION 5: Mr. Nichols moved that a public hearing be held for this application. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
h. 15 & 19 Chesterfield Road – GPF Flanders Plaza llc Parking Lot Permit Modifications. Assessor’s Map 31.1, Lots 54 & 55.
Atty. Ted Harris was present to represent the applicant and stated that the activity will be in the upland review area.
Bob DeLuca of CLA Engineers stated that the building has been turned 90 degrees to reconfigure the landing area. and fencing was added. All drainage flows will be directed to catch basins.
Mr. Hayden stated that the parking lot island were previously vegetated and now they have been eliminated.
MOTION 6: Mrs. Bodenhofer moved to approve the permit modifications as submitted. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
7. Old Business.
a. 392 Boston Post Road – Wade – Notice of Violation.
Public Hearing continued.
b. 63A Walnut Hill Road – Gilligan – Notice of Violation
Application pending.
c. 21 Brightwater Road – Turgeon - Superior Court Remand.
Mr. Hayden stated that he had met with the lawyer representing this case and the Town Attorney and it will be on the December 3, 2007 agenda.
8. New Business.
a. 116 Flanders Road – Orvedal – Notice of Violation
Public Hearing pending.
b. Grassy Hill Road & Walnut Hill Road – Walnut Hill Chase – Subdivision Review
Request withdrawn.
c. Proposed 2008 Meeting Schedule
MOTION 7: Mrs. Bodenhofer moved to approve the following 2008 meeting schedule:
Meeting Schedule 2008
Regular Meetings Start at 7:00 p.m.
January 7, 2008 January 5, 2008
February 4, 2008 February 2, 2008
March 3, 2008 March 1, 2008
May 5, 2008 May 3, 2008
June 2, 2008 May 31, 2008
August 4, 2008 August 2, 2008
September 8, 2008 September 6, 2008
October 6, 2008 October 4, 2008
November 3, 2008 November 1, 2008
December 1, 2008 November 29, 2008
Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
9. Chairman’s Report.
Mr. Hafner noted that The Habitat newsletter had some very interesting articles.
10. Conservation Enforcement Officer Report.
Mr. Hayden stated that he had approved an application for a pool at 3 Mallard Circle and a deck at 27 Cottage Lane.
Mr. Hayden stated that the Board of Selectmen had asked the Town Attorney to review the proposed ordinances and he had combined them into one document.
Mr. Hayden stated that the dam on Clarks Pond will be rebuilt and the activity falls under the jurisdiction of the DEP.
Mr. Reluga expressed concern that there are many dams that should be looked at to determine their value. Mr. Hafner suggested that a subcommittee could be formed to look into it.
11. Adjournment.
MOTION 8: Mr. Gallagher moved to adjourn the regular meeting at 10:10 p.m. Seconded by Mr. Nichols.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary
EAST LYME CONSERVATION COMMISSION
MONDAY, NOVEMBER 5, 2007
1. Cease and Desist Order Issued to New England National for work at Lot 20, Upper Kensington Drive, Assessor’s Map 39, Lot 10-1.
Members Present: Ed Hafner, Chairman; Ron Nichols, Candace Bodenhofer, Norm Bender, Rich Gallagher, Seated Alternate Member Chuck Reluga
Also Present: Keith Hayden, Conservation Enforcement Officer; Jeff Torrance, Atty. Ted Harris
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.
Atty. Harris explained what had happened on the site: an existing pipe was replaced on an old wood road and subdivision approval had required that the developer made the deeded open space accessible by foot and this activity was included in the plan that was previously approved by the Conservation Commission. Atty. Harris stated that Mr. Torrance would explain what took place on the site.
Mr. Torrance reiterated that there was a requirement that the open space was required to be reasonably passable by foot and that was why they had cleared the site. Mr. Torrance stated that Mr. Hayden and Ms. Parulis, Director of Planning think he has some devious plan to clear the property to allow access to another parcel of land which is not true; they just want to access the open space.
Mr. Hayden stated that he and the Director of Public Works met with Mr. Torrance on the site to review what was done. Mr. Hayden stated that every wetlands permit Mr. Torrance had ever received clearly stated that any changes or deviations from the approved plans required approval by the Conservation Commission. Mr. Hayden stated that the area cleared is wide enough for a 200 ton dump truck to pass through not a pedestrian path. Mr. Hayden stated that this is a clear violation of the wetland regulations and Mr. Torrance clearly knows what the wetlands regulations are. Mr. Hayden stated eh would recommend that the Cease and Desist Order be upheld and the area be restored.
The following exhibits were entered into the record:
1. Photographs of the site.
2. Lot line revision plan
3. Aerial photo taken in November 2006
Mr. Torrance discussed why he felt that he was not in violation of his wetlands permit.
Atty. Harris stated that they could apply for a permit for the work that had taken place.
Mr. Hafner asked how much impact activities had taken place on the site. Mr. Hayden stated that the path crosses the wetlands, wetlands have been filled and a pipe was placed in the wetlands. Mr. Hayden stated that he would not recommend that a permit be issued and the C&D lifted. He would recommend that the site be restored and the fill be removed.
Mr. Hafner asked if there was anything Mr. Hayden would like to see done immediately. Mr. Hayden stated that there should not be any vehicles going through the area and no activity should be taking place. Mr. Torrance stated that Mr. Hayden requested silt fence which they had put up.
Mr. Gallagher requested that the site be included on the next site walk.
Mr. Nichols stated that a plan should be presented for the entire site. Ms. Lozanov stated that it should be clear that this is a foot path, not a road.
MOTION 1: Mr. Nichols moved that the Cease and Desist Order remain in effect. Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary