EAST LYME CONSERVATION COMMISSION
Scrolling down or clicking the bookmarks will take you to all the submitted minutes for meetings held in December
Public Hearing Minutes 63A Walnut Hill Road - Gilligan
East Lyme Conservation Commission
December 3, 2007
Members Present: Ed Hafner, Chairman; Cheryl Lozanov, Norm Bender, Rich Gallagher, Candace Bodenhofer, Alternate Members Joe Mingo, Chuck Reluga and David Higgins
Also Present: Robert D. Pfanner, Engineer for the Applicant; Kevin Gilligan, Property Owner; Keith Hayden, Conservation Enforcement Officer
Mr. Hafner had seated Mr. Higgins and Mr. Reluga as voting Alternate Members of the Commission at the first public hearing and had stated that he would not be voting on any motions made unless necessary to break a tie.
MOTION 1: Mrs. Bodenhofer moved to open the public hearing at 7:42 p.m. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
The following exhibits were entered into the public hearing record:
1. Application dated October 29, 2007.
2. Abutting property owners
3. Project narrative
4. Statewide activities reporting form
5. Soils and wetland report dated October 12, 2007
6. Petition requesting a public hearing.
7. Copy of check #7831 for $180.00.
8. Legal notice published November 21, 2007
9. Plan entitled "Proposed driveway prepared for Kevin Gilligan, 63A Walnut Hill Road, East Lyme Connecticut" dated October 25, 2007
10. Legal notice published on November 30, 2007
11. Revised plan dated 11/27/07
12. Revised wetland report dated 11/27/07
Mr. Hafner stated that evidence in favor of the application would be taken first with the applicant having first opportunity to speak.
Mr. Pfanner presented the revised plans and stated that the application is to improve the existing driveway access to the property. There is an existing wetland crossing for the driveway with a 15” CMP and a 24” CMP. The existing slope is 20%. Mr. Pfanner stated that a 100’ buffer is shown on the plan. Any tree cutting will be outside of the upland review area and there will be no work in the wetlands. The existing pipes will remain in place and be used. Mr. Pfanner stated that they are not proposing to pave the driveway; they just want to be able to access the property. There will be a paved apron and the remainder of the driveway will be gravel with filter fabric lined stone swales on the sides to control erosion. The E&S will be silt fence and hay bales and the disturbed area will be restored. The driveway will be 15’ wide.
Mr. Bender asked how big the lot is. Mr. Pfanner stated 23 acres.
Ms. Lozanov asked why the applicant is only applying for a driveway. Mr. Gilligan stated that he bought the property ten years ago and just wants to be able to access the site and use the existing building.
Mrs. Bodenhofer asked what is flowing through the culverts. Mr. Pfanner stated that it is an intermittent water course and he has never seen water flowing through it.
Mr. Hafner asked for public comments in favor of the application. There were none.
Mr. Hafner asked for other comments.
Ken Sylvestri, owner of 66 & 68 Walnut Hill Road stated that there was a statement made that this driveway is being used. He has not seen it used in 16 years. They are been accessing the site from Mountain View Road. Mr. Gilligan stated that previous owners of the property used the Mountain View Road yard to access the property.
Mark Christiansen of 66 Grassy Hill Road stated that if this is just an application for one access to the site he has no problem. There is some runoff but they have made changes so that is an improvement. If the driveway were to change to a town road he would have a problem but he does not have a big problem with this.
Richard Bengsten of 69 & 67 Walnut Hill Road stated that the stream on the site is 3-4 feet wide when it is running. The house has never been used and does not have a septic system. They want to take 20 feet off of the hill. He wondered what will happen to Joe Kwasniewski’s property if they take 20 feet off the hill.
Mr. Hafner asked Mr. Pfanner to comment. Mr. Pfanner stated that they propose to take 12 feet off of the hill to construct the driveway and there will be no impact to abutting properties.
Beverly Picazzio of 28 Grassy Hill Road noted that Mr. Pfanner had mentioned that the pipe is in good condition and she would like to know if permits were issued for those pipes. Mr. Pfanner stated he did not know if permits were issued nor did he know how long they have been there but there is no rust or deterioration on them. The pipes would have to be dug up for further evaluation.
Joe Kwasniewski of 67 Walnut Hill Road stated that Mr. Gilligan owns all along the back of his property and ľ on the side of it. All of the water up on the hill comes down across his stone wall and ˝ of the stones are on his property. He has four horses that have to dodge the stones. Stones and water are running through his property. He thinks there is more to this than meets the eye. He thinks the driveway will become a road for three properties. He does not want another driveway there.
Ken Sylvestri reviewed and handed out his comments on the project which were entered as Exhibit 13.
Kelvin Cooper of 44 Cardinal Road stated that he is very concerned about this turning into a road. New information was submitted [at this meeting] that the public had not had a change to look at. He would like to see some detail and the planting plan and excavation plan for the public to review.
Bob Hudyma of 41 Grassy Hill Road stated that the driveway looks like a ski slope. Every driveway that runs onto the road gets water velocity up and becomes a glacier. He has lived there 35 years – make sure this is no a road just a driveway.
Joe Kwasniewski stated that he is concerned for the wildlife.
Tom Kalal of 80 Grassy Hill Road stated that there is a proposed subdivision that may want to exit from this property. He is wondering why someone would want to put in a driveway to access 23 acres. If a permit is granted make it restricted so that this cannot turn into a road to access a subdivision.
John Bialowans of 69 and 15 Walnut Hill Road stated that the property owner has a right to put in a driveway but since he did work without a permit his property is getting silt. The swale will not work after a few years. I have done it and after a few years it fills up and won’t work. Mr. Bialowans stated that he has been noticing more silt on his property and he will not put up with it any more. The silt is coming from the driveway onto his property. Mr. Hayden stated that he would work with Mr. Bialowans if there is a silt problem.
The road drainage problems were discussed and it was stated that the Town Engineering Department would have to review and approve a permit for the driveway. It was suggested that it would be best if the driveway were paved in lieu of the swales. Mr. Gilligan stated that he would not be willing to incur the cost of paving the driveway.
Nancy Kalal of 80 Grassy Hill Road stated that even if the driveway is paved there will still be a sheet of ice on the road.
Mr. Hafner suggested that the hearing be continued in order for more information to be obtained and to afford the public a chance to review the documents on record.
Mr. Gilligan stated that he would like to have a decision made at this meeting. It will be less wetlands impact by lowering the grade of the driveway and he does not see if affecting the wetlands any more than it does now. Mr. Hafner noted that once the public hearing is closed the Commission cannot receive more information.
MOTION 2: Mr. Bender moved to continue the public hearing. Seconded by Ms. Lozanov.
It was requested that the drainage issue be researched and the costs of paving versus the gravel/swale option be compared.
VOTE: Motion passed unanimously at 9:05 p.m.
Respectfully submitted,
Marilyn Wright, Recording Secretary
Public Hearing Minutes 116 Flanders Road - Orvedal
East Lyme Conservation Commission
December 3, 2007
Members Present: Ed Hafner, Chairman; Cheryl Lozanov, Norm Bender, Rich Gallagher, Candace Bodenhofer, Alternate Members Joe Mingo, Chuck Reluga and David Higgins
Also Present: Keith Hayden, Conservation Enforcement Officer
Mr. Hafner had seated Mr. Higgins and Mr. Reluga as voting Alternate Members of the Commission at the first public hearing and had 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 public hearing at 7:37 p.m. Seconded by Mr. Reluga.
The public hearing was opened at 7:38 p.m.
VOTE: Motion passed unanimously.
The following exhibits were entered into the public hearing record:
1. Notice of Violation dated October 16, 2007.
2. Application dated 10-23-07
3. Plan for 116 Flanders Road, Orvedal
4. Project Narrative
5. Copy of check #170 for $180.00
6. Letter dated November 27, 2007 to applicant requesting additional information.
7. Letter from Atty. William Sweeney requesting a continuance of the public hearing.
8. Legal notice published November 21, 2007
9. Legal notice published November 30, 2007
Mr. Hayden stated that a letter dated November 28, 2007 had been received from the office of the applicant’s lawyer requesting that the public hearing be continued to the January 7, 2008 meeting of the Commission.
MOTION 2: Ms. Lozanov moved to continue the public hearing to the January 7, 2008 meeting of the Conservation Commission. Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary
Public Hearing Minutes 392 Boston Post Road – Wade
East Lyme Conservation Commission
December 3, 2007
Members Present: Ed Hafner, Chairman; Cheryl Lozanov, Norm Bender, Rich Gallagher, Candace Bodenhofer, Alternate Members Joe Mingo, Chuck Reluga and David Higgins
Also Present: Dan and Sally Wade, Applicants; Keith Hayden, Conservation Enforcement Officer
Mr. Hafner seated Mr. Higgins and Mr. Reluga 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.
Mr. Hafner stated that this is a continuation of the public hearing that was opened on November 5, 2007.
MOTION 1: Ms. Lozanov moved to reopen the public hearing at 7:07 p.m. Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
The following exhibits were entered into the public hearing record:
14. Copy of check # 1252 for $380.
15. Project Narrative dated November 5, 2007.
16. Sequence of Construction.
Mr. Hafner stated that the applicant would have first opportunity to make a presentation.
Mr. Wade stated that the site consists of two one acre lots and they are proposing to build a 40’x48’ timber frame building, gravel driveway, concrete tennis pad and install a privacy fence. The original plan called for a 40’x60’ building. Mr. Wade stated that a solar kiln had been eliminated from the plan to minimize wetland impacts as well as changing the orientation of the building, reducing the overall wetlands impacts by 546%.
Mr. Wade stated that they had met extensively with Mr. Hayden to consider feasible and prudent alternatives and this is the plan they came up with.
Mrs. Wade handed out a planting plan which Mr. Wade reviewed. Mr. Wade stated that the plan shows two restoration areas that will be raked out and planted. Lumber will be moved to the upland review area.
Mrs. Wade handed out a literature outlining how to evaluate a site for solar energy and determine passive solar building placement which Mr. Wade reviewed.
Mrs. Bodenhofer asked what will be done with the existing driveway. Mr. Wade stated that the driveway will be repaired and brought up to grade and maintained. The driveway will require about two yards of fill. Mrs. Bodenhofer questioned the need for four driveways. Mr. Wade stated that one driveway is to access the property from Boston Post Road and one to access the Dean Road lot. Eventually they will put a house on the 3 Dean Road lot for which the existing driveway will be used to access.
Ms. Lozanov asked what size the tennis court will need to be. Mr. Wade stated that it will be a 30’x39’ half-court.
Mr. Hafner asked for comments from Mr. Hayden. Mr. Hayden stated that he had contacted Mr. Snarski, Certified Soil Scientist, and discussed the application and mitigation measures with him at length. They had concluded that the proposed activities will enhance the existing wetlands functions on the site rather than create new ones. Mr. Hayden stated that the Wades had put a lot of effort into coming up with a feasible plan for the site.
Mr. Hafner asked for further comments from the applicant. Mr. Wade read the following exhibit into the hearing record:
Exhibit 17: Letter from Mr. & Mrs. Boris Churylc dated November 4, 2007
Mr. Hafner asked for comments from the audience.
Bob Hudyma of 41 Grassy Hill Road stated that he could not believe they are going to all this trouble for this application. Giving up wetlands for a ˝ tennis court.
Ms. Lozanov asked if piping will be put under the driveway for drainage. Mr. Wade stated that they will be putting in fill to fill holes from vehicles traveling over it.
Mr. Hafner asked for further comments from the public.
Mr. Wade stated that he would like to respond to Mr. Hudyma’s comment and clarify that the concrete pad is not in the wetlands.
MOTION 2: Mr. Bender moved to close the public hearing at 7:37 p.m. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary
East Lyme Conservation Commission
Members Present: Ed Hafner, Chairman; Cheryl Lozanov, Norm Bender, Rich Gallagher, Candace Bodenhofer, Alternate Members Joe Mingo, Chuck Reluga and David Higgins
Also Present: Keith Hayden, Conservation Enforcement Officer
Mr. Hafner had seated Mr. Higgins and Mr. Reluga as voting Alternate Members of the Commission at the first public 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.
None.
4. Acceptance of Minutes.
4.A. November 3, 2007 – Site Walk Notes
The site walk notes were accepted with the following amendment:
Mr. Hafner was present.
4.B. November 5, 2007 – Upper Kensington Drive – Show Cause Hearing Minutes
The minutes were accepted as submitted.
4.C. November 5, 2007 – Brockett & Lake Shore Drive – Public Hearing Minutes
The minutes were accepted as submitted.
4.D. November 5, 2007 - 392 Boston Post Road – Wade- Public Hearing Minutes
The minutes were accepted as submitted.
4.E. November 5, 2007 – Regular Meeting Minutes
The minutes were accepted with the following amendments:
Page 3, Item D should be Relocation of Septic System, not Construction of House.
Page 3, Motion 4 vote failed, not passed.
5. Ex-Officio Report.
No report.
6. Public Act 87-533 Matters (Pending Applications).
6.A. 392 Boston Post Road – Wade. Regulated Activities. Assessor’s Map 24, Lot 86.
The public hearing for this application was held and closed earlier in the evening.
Mrs. Bodenhofer stated that her concern is the filling of the holes in the driveway from Boston Post Road because it may require more fill than anticipated.
Mr. Gallagher noted that this plan is a vast improvement over the previous plan.
Mr. Higgins noted that Mr. and Mrs. Wade had made an effort to find out if there were wetlands on this property prior to purchasing it and have gone through a lot of effort to come this far. They have done a great job overall.
Mr. Hafner stated that it is not good to see wetlands filled but they are mitigating that and the site is bounded by an area already developed.
MOTION 1: Ms. Lozanov 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 Conservation Commission has considered all evidence submitted at the public hearing opened on November 5, 2007 and continued December 3, 2007 in support of the application of Daniel and Sally Wade for a permit to construct a 40' x 48' barn partially within a wetland, a 30' x 39' concrete platform and a gravel driveway partially within the surrounding upland review area as proposed on the plan entitled "Property Survey, Land of Daniel J. & Sally S. Wade and The Lorenzo White Estate, 392 Boston Post Road, 2 Dean Road a.k.a. 3 Dean Road.
Whereas the proposed regulated activity will result in the loss of approximately 840 sf of wetlands, and
Whereas the direct wetland impacts will be mitigated with the protection, restoration and enhancement of the wetland south of the existing gravel driveway on 3 Dean Road, and
Whereas the proposed activities will not adversely affect existing drainage patterns, water table or water quality, and
Whereas the construction of the barn will not pose a long term impact to the adjacent wetland and
Whereas the proposed activities will not have any impacts beyond the area for which the activity is proposed, and
Whereas the Commission finds that a feasible and prudent alternative does not exist.
THEREFOR, the Commission hereby approves the above referenced application with the following conditions:
1. No additional trees shall be removed from within the wetland. Trees may be trimmed only to the extent necessary for passive solar heating of the barn. The trimming shall be limited to the branches that extend above an imaginary line beginning 5' away from the barn extending southerly at a 25-degree angle from the horizontal. Select trees may be removed from the upland review area with the approval of the Commission or its agent to be used to construct the barn.
2. The limits of clearing shall be clearly flagged and approved in advance by the Commission or its agent.
3. Notify Conservation Agent at least 2 days prior to construction to inspect erosion controls.
4. All work in the wetlands will take place during the dry season (July and August).
5. All stockpile locations shall be shown on the plans and protected with sedimentation fence or hay bales.
6. Fill brought onto the site shall be from uncontaminated sources.
7. Notify Conservation Agent upon completion to sign off on permit.
8. Changes to the plan will require additional approval, a new plan will be submitted prior to construction.
9. Additional work beyond the permitted activities will require approval from the Commission or its agent.
10. A plant survival rate of 80% over three years will be established.
11. Hay bales will be placed as close as possible to barn to protect wetlands.
Seconded by Mr. Reluga.
VOTE: Motion passed unanimously.
6.B. 63A Walnut Hill Road – Gilligan. Construction of Driveway. Assessor’s Map 48, Lot 54.
Public Hearing continued to January 7, 2008.
6.C. 116 Flanders Road – Orvedal. Clearing to Edge of Pond. Assessor’s Map 21.1, Lot 57.
Public Hearing continued to January 7, 2008.
6.D. 26 & 30 Green Cliff Road – Phillips. Construction of House. Assessor’s Map 21.4, Lot 53, Lot 21.3, Lot 158.
Ken Petrini of DeCeasre Bentley Engineers was present to represent the applicant and stated that the plan is for construction of a residential home with a municipal sewer connection going through the adjacent property to connect to Route 161. Mr. Petrini stated that the wetlands were flagged by Don Fortunato and the house will be connected to municipal water. Mr. Petrini stated that the regulated activities include grading for the house and excavation for the sewer line. Mr. Petrini stated that the excavated soil will be stockpiled and put back in place where it was. The total wetlands activity area is approximately 310 S.F and there are no vernal pools on the site. The boulders on the site will be drilled and split – there will be no blasting.
Ms. Lozanov asked if there is an alternative path for the sewer connection. Mr. Petrini stated there is but there is a large outcropping of ledge and boulder and it would require more wetlands disturbance and clearing upgradient.
MOTION 3: Mr. Gallagher moved to accept the application as complete. Seconded by Mr. Reluga.
Ms. Lozanov stated that she would like to see more information regarding wetlands species on the site.
VOTE: Motion passed 5-1-0. Ms. Lozanov opposed.
MOTION 4: Mrs. Bodenhofer made the following motion:
WHEREAS, the East Lyme Inland Wetlands and Conservation Commission has considered all evidence submitted in support of the Application of River Road Builders for a permit to install a sewer line through approximately 310 s.f. of wetland as shown on plans entitled "Site Plan, Owners Theodore H. & Patricia Phillips and River Road Builders, Applicant River Road Builders, 26 & 30 Green Cliff Road, East Lyme Connecticut dated October 29, 2007" (Assessor’s Map 21.4 lot 53 and Map 21.3, Lot 158).
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 have a temporary impact during construction but will not have a long term adverse impact to the wetland.
e. The proposed regulated activity will not impact wetlands or watercourses outside the area for which the activity is proposed.
f. There are no preferable alternate locations on the subject parcel for the proposed activities.
THEREFOR, the Commission hereby approves the above referenced application with the following conditions:
1. The clearing limits shall be staked by a licensed surveyor and approved by the Conservation officer before any trees are removed.
2. The applicant shall notify the Conservation Agent at least 2 days prior to construction to inspect erosion controls.
3. The applicant shall notify the 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.
Seconded by Mr. Reluga.
VOTE: Motion passed unanimously.
6.E. 55 Roxbury Road – Dittner. Relocation of Septic System. Assessor’s Map 16.1, Lot 49.
Robert D. Pfanner was present to represent the applicant and reviewed that plans.
Mr. Gallagher left the meeting at this time.
Mr. Pfanner stated that the septic system must be relocated because it is on the adjacent lot which the owner wants to sell.
MOTION 5: Mrs. Bodenhofer moved to accept the application as complete. Seconded by Mr. Reluga.
VOTE: Motion passed unanimously.
MOTION 6: Ms. Lozanov made the following motion:
WHEREAS, the East Lyme Inland Wetlands and Conservation Commission has considered all evidence submitted in support of the Application of David Dittner for a permit to construct a septic system within the 100' upland review area on property located at 55 Roxbury Road as shown on plan entitled "Plot Plan property of David J. Dittner 55 and 59 Roxbury Road, East Lyme Ct dated October 30, 2007" (Assessor’s Map 16.1, Lots 48 and 49).
1. The applicant shall notify the Conservation Agent at least 2 days prior to construction to inspect erosion controls.
2. The applicant shall notify the Conservation Agent upon completion to sign off on permit.
3. Changes to the plan will require additional approval, a new plan will be submitted prior to construction.
4. Additional work beyond the permitted activities will require approval from the Commission or its agent.
Seconded by Mr. Reluga.
VOTE: Motion passed unanimously.
6.F. 59 Roxbury Road – Dittner. Construction of House. Assessor’s Map 16.1, Lot 48.
Mr. Pfanner handed out copies of the report from the Soil Scientist and reviewed the plans.
Ms. Lozanov asked if the house will have a full basement. Mr. Pfanner stated that it would not. Mr. Pfanner stated that a four bedroom house is proposed measuring 26’x38’ and being 988 S.F. and a 24’x24’ garage at 576 S.F.
MOTION 7: Mrs. Bodenhofer moved to accept the application as complete. Seconded by Mr. Reluga.
VOTE: Motion passed unanimously.
Ms. Lozanov asked if stockpiles are shown on the plan. Mr. Pfanner stated they are not but they will be located between the front of the house and the septic system.
MOTION 8: Mr. Reluga made the following motion:
WHEREAS, the East Lyme Inland Wetlands and Conservation Commission has considered all evidence submitted in support of the Application of David Dittner for a permit to construct a house and two driveways within the 100' upland review area on property located at 59 Roxbury Road as shown on plans entitled "Plot Plan property of David J. Dittner 55 and 59 Roxbury Road, East Lyme Ct dated October 30, 2007" (Assessor’s Map 16.1, Lots 48 and 49).
WHEREAS, an area of wetland on 59 Roxbury Road has been filled in by the applicant, and
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.
THEREFOR, the Commission hereby approves the above referenced application with the following conditions:
1. The applicant shall submit a restoration plan to mitigate the damage caused by filling wetlands on 59 Roxbury Road. The plan shall include: delineation of the area of wetland that was filled and to be restored, location of and type of erosion controls to be used around the area of excavation, planting plans with native indigenous species and a timetable for the proposed restorative work.
2. The wetland restoration area shall be clearly identified for future property owners by the installation of conservation tags to be supplied by the Conservation Officer.
3. The applicant shall notify the Conservation Agent at least 2 days prior to construction to inspect erosion controls.
4. The applicant shall notify the Conservation Agent upon completion to sign off on permit.
5. Changes to the plan will require additional approval, a new plan will be submitted prior to construction.
6. Additional work beyond the permitted activities will require approval from the Commission or its agent.
Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
6.G. 405 Boston Post Road – Adams. Proposed Irrigation Pond. Assessor’s Map 29, Lot 31.
Mr. Hayden stated that this application is for an as-or-right farm pond. Mr. Hayden stated that the property owner and engineer are not present but he had told them he would present the facts. Mr. Hayden stated that the property is owned by David Adams and the pond will be used by Thomas Scott for crop irrigation. Mr. Hayden stated that is was evident on the site walk that the plants are established and there will be no impact to the existing vernal pool. Mr. Hayden stated that the pond will be ˝ acre and about 6 feet deep and will be ground water fed.
It was the consensus of the Commission that the farm pond is an as-or-right use. Mr. Hayden stated that he will write a letter to the property owner informing him of this.
6.H. 89 Walnut Hill Road – Walnut Hill Chase llc. Subdivision. Assessor’s Map 52, Lots 57, 57-1, 123-1, 123.
Mr. Hafner stated that the Commission must decide whether or not to hold a public hearing on this application.
Atty. Harris was present to represent the applicant and stated that an additional parcel of land had been acquired to get secondary access to the subdivision and the parcel does not have any wetlands on it. Atty. Harris stated that the plan calls for road improvements and installation of drainage structures.
MOTION 9: Ms. Lozanov moved that a public hearing be held on this application on January 7, 2008 following the hearings at 7:00 p.m. Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
7. Old Business.
7.A. 392 Boston Post Road – Wade – Notice of Violation.
MOTION 10: Mr. Bender moved to lift the Notice of Violation. Seconded by Mrs. Bodenhofer.
VOTE: Motion passed unanimously.
7.B. 63A Walnut Hill Road – Gilligan – Notice of Violation
Public Hearing Continued.
7.C. 21 Brightwater Road – Turgeon - Superior Court Remand.
Atty. Renee Houle and Mr. Turgeon were present.
Mr. Hayden stated that he and Meg Parulis, Director of Planning, had met with Atty. Canabis, Mr. Turgeon and Town Counsel to come up with a list of conditions for approval of a permit for this site. A 665 S.F. house will be built on the site. Mr. Hayden stated that all of his concerns had been addressed.
Ms. Lozanov asked about invasive species on the site. Mr. Hayden stated that they will be left alone. Mr. Hafner stated that an additional condition of approval could be added requiring removal of invasive species. Ms. Lozanov stated removal of the invasive species would enhance the property in the future and allow for the growth of native plants which would not encroach on the fence.
It was the consensus of the Commission to add condition 12, removal of invasive species plants from the remaining wetlands.
MOTION 11: Ms. Lozanov moved to accept the following conditions for approval of a permit for this site:
1. The plan is entitled "Proposed Site Plan Design, Guy Turgeon, 21 Brightwater Road, Assessors Map #5.19, Lot #58, Niantic Connecticut, Dated April 19, 2002, Revised 5/1/02, 6/28/02, 8/5/02, 9/20/02 and 7/21/03 must be revised as follows:
a. Proposed contours at 1/2 foot intervals must be shown for all areas to be disturbed by excavation/construction activities.
b. The material excavated from the footings will be stockpiled in the middle of the construction area. Appropriate erosion and sedimentation controls protecting the stockpiled material shall be clearly shown on the plan.
c. The "stone flow diffuser" shown on the plan will be constructed following the contours of the land. The "stone flow diffuser" will function to protect the neighboring properties.
2. The setbacks shall be as shown on the plan.
3. The erosion & Sedimentation Control notes on the plan shall be strictly adhered to.
4. The footprint of the house (inclusive of the front and rear stairs, decks and patios) shall not exceed 665 square feet. Final construction drawings must be approved by the Conservation Commission or its agent prior to construction.
5. Notify Conservation Agent at least 2 days prior to construction to inspect erosion controls.
6. Notify Conservation Agent upon construction 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. A narrative shall be provided detailing the types and sizes of the construction equipment that will be utilized. The narrative shall include methods of construction and equipment locations to ensure the 10' limit of disturbance off the rear of the house is not exceeded. The narrative shall include that a mini-excavator will be used to ensure work can be done in the 10' area between the house and the wetlands so that the 10' limit of disturbance is not exceeded.
10. The concrete truck shall be "washed off" in the middle of the construction area or off site.
11. A permanent fence shall be constructed along the 10' limit of disturbance line to prevent inadvertent intrusion into the wetland. The type of fence must be reviewed by the Commission or its agent prior to construction. Permanent conservation tags shall be affixed to the fence. The tags will be supplied by the Conservation Enforcement Officer.
12. Remove the invasive plant species from the wetland to remain. Retain a wetland scientist to advise which plants should be removed and proper methods for removal. Grubbing shall not be allowed, i.e. disturbing the soil by mechanically removing the roots.
Seconded by Mr. Bender.
VOTE: Motion passed unanimously.
7.D. 116 Flanders Road – Orvedal – Notice of Violation.
Public hearing continued to January 7, 2008
7.E.. Upper Kensington Drive - Cease and Desist Order
Meg Parulis, Director of Planning, was present to clarify the fact that the Planning Commission had not required that the trails as constructed on this site be put in.
Mr. Hayden stated that the Cease and Desist Order had required that an engineer and soil scientist be hired within 30 days and the deadline was here and no submittal had been made. Mr. Hayden stated that he would recommend that an injunction be issued to enforce the regulations and seek financial penalties. The court could impose a $1000 penalty. Ms. Parulis stated that the Commission could seek legal costs as well.
MOTION 12: Ms. Lozanov moved go forward with an injunctive relief order for this site. Seconded by Mr. Bender.
Ms. Parulis stated that it should be noted that the developer of this site is well aware of the regulations and this is a willful violation.
VOTE: Motion passed unanimously.
8. New Business.
8.A. FY 08-09 Budget.
Mr. Hayden reviewed the budget as presented.
MOTION 13: Mrs. Bodenhofer moved to approve the proposed FY08-09 budget as presented. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
9. Chairman’s Report.
No report.
10. Conservation Enforcement Officer Report.
Mr. Hayden stated that he would e-mail Ms. Lozanov information regarding her question about Route 161 and the fire hydrant.
11. Adjournment.
MOTION 14: Mrs. Bodenhofer moved to adjourn the meeting at 11:21 p.m. Seconded by Ms. Lozanov.
VOTE: Motion passed unanimously.
Respectfully submitted,
Marilyn Wright, Recording Secretary