East Lyme Wetlands Agency Sets Hearing On 48-Unit Flanders Road Development

EAST LYME, CT — The East Lyme Inland Wetlands Agency unanimously scheduled a public hearing on a proposed 48-unit residential development on Flanders Road and continued hearings on a 13-lot subdivision and a Corey Lane home after raising questions about stormwater, wetlands and other environmental issues.

The agency also voted 6-0 at its Sept. 1 meeting to allow Inland Wetlands Agent Gary Goeschel to administratively approve or deny an application for a roughly 1,000-square-foot addition on Marshfield Road.

48 Apartments Proposed On Flanders Road

283 BPR LLC is seeking wetlands approval for a six-building, 48-unit residential development at 225 and 235 Flanders Road.

The proposal calls for demolishing an existing single-family home at 235 Flanders Road and constructing the residential buildings, a paved driveway and parking lot, utility connections and stormwater management improvements.

Attorney Harry Heller, representing the applicant, said access would be from Briarwood Drive and that the development area would not drain toward the wetlands because of the property's topography. Plans also include a subsurface infiltration system.

Heller said the development would consist of 48 one-bedroom apartments in an age-restricted community. A separate text amendment pending before the Zoning Commission would allow 25 percent of the units not to be age-restricted, according to the minutes.

Gregory McIntire moved to hold a public hearing on the application, with alternate member John Vilcheck seconding. The motion passed 6-0.

The agency also scheduled a site visit for Oct. 3.

Mayfield Terrace Subdivision Hearing Continued

The agency took no final action on a proposed 13-lot subdivision on approximately 19.5 acres north of Mayfield Terrace.

Oz Enterprises LLC is seeking permission for regulated activities within the 300-foot upland review area associated with construction of the subdivision road.

Heller said no activity is proposed in wetlands or watercourses and little work would occur within 100 feet of the regulated resources, including the riparian wetlands along the Latimer Brook watershed corridor.

He said the project's stormwater system is designed around infiltration rather than detention, with water returned to the ground. Heller said any change in hydrology from the project would not affect wetlands or watercourses.

Agency member Ryan Williams raised concerns about the amount of maintenance required for the infiltration basin.

Heller said a homeowners association would maintain the basin after the road is transferred to the town. Goeschel said establishment of an association is required and that the town would be responsible for cleaning catch basins, not maintaining the stormwater basin. If homeowners failed to maintain it, the town could perform the work and charge the costs back to them.

Goeschel suggested requiring the association to submit an annual report documenting its maintenance activities.

Chair Kristen Chantrell also questioned protections for conservation easements on several lots. Heller said restrictions against clearing could be made a condition of approval, while Goeschel said the site plans already include a conservation easement prohibiting disturbance in that area.

During public comment, Donald Danila of Pattagansett Drive, a member of the Niantic River Watershed Committee and East Lyme Commission for the Conservation of Natural Resources, submitted a prepared statement.

Michael Bennett of Quailcrest Road also submitted written material and raised questions.

Jeremy Burchard of Quailcrest Road asked what maintaining the stormwater basins could cost if the homeowners association failed to do the work.

Heller estimated an association could budget approximately $8,000 annually, which he said would be more than sufficient for periodic sediment removal.

The agency voted 6-0 to continue the public hearing until its Oct. 6 meeting.

Corey Lane Home Raises Drainage Concerns

The agency also continued a public hearing on a proposed three-bedroom home at 55 Corey Lane.

Engineer Will Walter of Alfred Benesch & Co. said the latest design includes a linear rain garden behind the house to treat stormwater, a measure previously requested by the agency.

Vilcheck had raised concerns about the property's elevation and possible effects of runoff on neighboring properties. Walter said swales on both sides of the property would carry water.

Vorey Lane resident Dawn Kelley opposed the project, citing environmental concerns and potential effects on neighboring property.

Walter said the developer had been unaware of the wetlands when the lot was cleared. He said the house's size and location comply with zoning regulations and its placement is constrained by septic system standards.

Goeschel said the town's online GIS system carries a warning that it should not be used to establish property or wetlands boundaries and that a filed A-2 survey is the appropriate source. He said an A-2 survey exists for the property and that a builder's lack of knowledge about the wetlands did not excuse failing to research their boundaries.

Goeschel also said the property is a legal building lot dating to a 1970s subdivision. Referring to previous case law, he said the agency could regulate what is built but could not indefinitely prevent development of the lot.

Members discussed additional drainage measures, vegetation and an updated site and planting plan. McIntire moved to table the application and keep the hearing open until Oct. 6. Vilcheck seconded, and the motion passed 6-0.

Marshfield Road Addition Could Be Approved Administratively

Seth Paine presented plans for an approximately 1,000-square-foot addition to an existing home at 34 Marshfield Road.

Paine said the addition would be built on piers, limiting ground disturbance primarily to holes needed for the supports. He also submitted a plan to mitigate runoff.

The agency voted 6-0 to authorize Goeschel to approve or deny the application administratively.

The agency approved its Aug. 4 minutes 5-0-1, with Chantrell abstaining.

Goeschel also reported that he continued working on an enforcement matter at 9 Rocco Drive. A neighboring property owner had asked about clearing backyard vegetation and was advised of wetlands regulations and requirements. No formal enforcement action was taken at the meeting.

The Sept. 1 meeting began at 7 p.m. at East Lyme Town Hall, 108 Pennsylvania Ave., and adjourned at 9:45 p.m.