EAST LYME, CT — The East Lyme Inland Wetlands Agency closed a public hearing Nov. 9 on a proposed 48-unit residential development at Flanders Road but postponed a decision until its next meeting after approving a waiver allowing the applicant to omit a required alternatives analysis.
The proposed development by 283 BPR LLC involves demolishing an existing single-family home at 235 Flanders Road and constructing six residential buildings at 225 and 235 Flanders Road.
The project includes a paved driveway, parking, utility connections and stormwater management improvements.
The commission voted unanimously, 6-0, to grant the waiver under Section 7.3 of its regulations. It then voted unanimously to table the application decision until its next meeting.
Attorney Harry Heller, representing the applicant, told commissioners that revised stormwater engineering addressed concerns raised during the previous meeting about flooding on neighboring properties and potential effects on the central wetlands system.
Heller said the stormwater report prepared by H&H Developments found modest increases in peak runoff rates and volume during certain smaller storm events but reductions in runoff reaching the wetlands during more intense storms.
He said the design would capture runoff through an enclosed drainage system.
Seamus Moran, a professional engineer with H&H Engineers, described the proposed drainage changes, including redirecting runoff into a stormwater management system, eliminating part of the existing driveway and restoring that area with topsoil and seed.
Moran said the changes would reduce runoff volumes and peak rates associated with flooding events while maintaining existing drainage conditions during lower-intensity storms.
He also discussed the property's topography and drainage patterns on neighboring land.
Commissioner John Vilcheck raised concerns about an adjoining optical store property where water reportedly accumulates and has caused damage.
Moran said the proposal would redirect water away from that area through the stormwater system.
Heller also showed commissioners the proposed location of a 20-foot easement and discussed a revised wetlands buffer.
The applicant's revised plans reduce the buffer from 47 feet to 37 feet in an area affected by aquifer protection requirements and town engineer comments.
Several residents spoke against aspects of the development, focusing on potential flooding, stormwater runoff, wetlands protection and the proximity of buildings to neighboring properties.
Martha Goodloe, president of the Chapman Woods Association, said residents were concerned that clearing vegetation and changing drainage patterns could increase water entering a stream near the development.
Goodloe said Chapman Woods has approximately 95 residents and that existing flooding and icing have created problems for residents using a shared driveway that also serves a day care facility.
She cited previous expenses residents incurred to repair pipes and divert groundwater and surface runoff.
Goodloe asked the commission to require additional protections for the stream and neighboring properties if the application is approved.
She also questioned the proposed reduction in the wetlands buffer and the placement of buildings E and F, suggesting that the buildings be relocated or eliminated.
Goodloe opposed the applicant's request to waive the alternatives analysis and asked commissioners to consider reducing the number of buildings and parking spaces.
William Wardlaw of 3 Carlisle Lane raised concerns about the visibility of the proposed buildings from neighboring homes, potential effects on property values and the loss of wildlife habitat.
Edna Pinaud of 2 Amberly Lane said she had observed the nearby stream overflow and questioned whether removing trees and adding impervious surfaces would worsen runoff.
Kathy Monticello of 3 Bittersweet Lane questioned how excess water entering the stream would be controlled.
Jennifer Gartsu of 24 Damon Heights Road said her property had experienced repeated water damage and expressed concern about additional runoff from the development.
Joe Santovasi, a certified professional geologist and licensed environmental professional who lives at 6 Bittersweet Lane, questioned whether the proposed infiltration system could adequately address potential groundwater and surface water contamination.
Santovasi specifically raised concerns about per- and polyfluoroalkyl substances, commonly known as PFAS, which can be difficult to remove from water.
Dave Masopust of 6 Hawthorn Lane asked who would ensure that the development's stormwater management system was properly maintained, particularly if the property changed ownership.
Heller said approximately 2.4 acres of clearing would alter runoff patterns, but the proposed engineered system was designed to manage and treat stormwater.
He said the applicant's position was that the revised plans would not adversely affect regulated wetlands or watercourses.
Moran described the proposed drainage system, including catch basins, culverts and a bioretention basin designed to treat surface water.
He said the system had been revised following discussions with the town engineer because of the property's location within an aquifer protection area.
Goeschel said the development's owner would be responsible for operating and maintaining the stormwater system because the apartments would be rental properties rather than individually owned units.
He suggested the commission could require maintenance and cleaning reports to be submitted to the town as a condition of approval.
Moran said the system was designed for residential use and that different requirements could apply to industrial development.
Heller also addressed the requested waiver of the feasible alternatives analysis, citing legal decisions referenced in his written submission.
He argued that the commission could grant the waiver if the evidence in the record demonstrated that the proposed regulated activity would not adversely affect wetlands or watercourses.
The applicant did not agree to surrender the possibility of using the eastern portion of the property in the future.
Chairwoman Kristen Chantrell said concerns involving the aquifer and other zoning matters would also be considered by the appropriate town agencies.
After closing the public hearing, the commission considered the applicant's request to waive the requirement under Section 7.5G that feasible alternatives be diagrammed on the site plan.
Vilcheck moved to grant the waiver, citing the town engineer's referral and correspondence, the applicant's revised soil scientist report and updated plans.
Chantrell seconded the motion.
The waiver passed unanimously, 6-0.
The commission's motion specifically stated that the waiver did not eliminate its obligation to consider other applicable requirements under Section 10.2(ii) of the wetlands regulations and Connecticut General Statutes Section 22a-41.
Vilcheck requested a revised list of proposed approval conditions before the next meeting.
Commissioner Doreen Rhein moved to table the application decision until the next meeting. Ryan Williams seconded.
The motion passed unanimously, 6-0.
The commission did not approve the 48-unit development.
Commissioners unanimously approved the minutes of their Oct. 6 meeting, 6-0.
The commission also unanimously approved its proposed 2027 regular meeting schedule following a motion by Vilcheck, seconded by Phyllis Berger.
Goeschel reported that he was monitoring a notice of violation involving 9 Rocco Drive.
He also said he would email commissioners copies of the agency's standard operating procedures for review and comment.
A previously requested letter of support for an Open Space and Watershed Land Acquisition grant involving Oswegatchie Hills was no longer necessary because the required five letters of support had been obtained.
The special meeting began at 7:01 p.m. in the upper-level conference room at East Lyme Town Hall, 108 Pennsylvania Ave., Niantic.
Members present were Chantrell, Berger, Vilcheck, Williams and Rhein. Carlo Lombardo joined at 7:10 p.m.
Inland Wetlands Agent Gary Goeschel and Recording Secretary Jessica Laroco also attended.
The commission adjourned at 9:40 p.m.
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