The site of the proposed Big Y Express at the western end of Halls Rd. in Old Lyme. Map courtesy of the Halls Rd. Improvement Committee.

OLD LYME — Around 50 people joined Tuesday’s Public Hearing for the proposal presented by Big Y Foods for a gas station/convenience store at 99 Halls Rd. and 25 Neck Rd., which was hosted Tuesday via Webex by the Old Lyme Inland Wetlands and Watercourses Commission (IWWC).

According to the application submitted to the IWWC, the proposal is for a 2,100 sq. ft. convenience mart and a gas station on a site surrounding Essex Savings Bank that is currently vacant and partially cleared. The application states that the fuel system consists of six dispensers under a protective canopy and two double wall fiberglass underground fuel tanks with electronic monitoring.

The IWWC’s role is to assess whether there is potential for significant impact to the watercourses located on the property proposed for the development. Commission Chairman Rachael Gaudio stressed both at the Feb. 23 meeting of the IWWC and at this meeting that it is not under this commission’s purview to consider zoning, planning or traffic matters.

The Commission had received written responses from the project engineer for the applicant, Ryan Scrittorale, PE, of Alfred Benesch & Co. to comments by the IWWC engineer Thomas Metcalfe and soil scientist Eric Davison of Davison Environmental. These have been published on the Town website at this link.

Since Martin Brogie, of Martin Brogie, Inc., the applicant’s soil scientist, was not able to attend the meeting due to being hospitalized for COVID, the applicant’s attorney, Robin Pearson, requested that the hearing be continued until next month.

The commission heard testimony from Dr. Michael W. Klemens, who has a PhD in Ecology/Conservation Biology. He was introduced by Marjorie Shansky, the attorney representing the intervenor at  85 Halls Road, LLC.

Krewson said that a major problem he was facing in terms of assessing the environmental impact of the proposed project was that “We don’t know where the boundary of the vernal pool is … we need to understand where the vernal pool is … to determine what is present in the vernal pool.” He noted that the most recent data available is from 2006, but emphasized, “There needs to be a lot more detail.”

He noted, “Wood frogs are a unique and special case. They are actually involved in nutrient recycling,” adding, “We need to see robust data on biodata.” Klemens said he would assume, “The majority of the migration comes from the north,” but stressed again, “We need to know [what is at the vernal pool.]”

The owner of the adjoining property Brain Farnham at 29 Neck Rd. responded to comments that he was not permitting access to his property to inspect the vernal pool. He said, “There are diucks in that pond. It’s their breeding season. That’s why I’m resisting people walking on my property.”

Gaudio countered that, as someone who had obtained two bachelor’s degrees, one in Biological Sciences and the second in Wildlife Conservation and Mangement, prior to attending law school and receiving a Masters in Environmental Law and Policy, she understood Farnham’s concerns. She stated, however, “I don’t think a scientist would go out and be a big impact [on the property or duck nests],” noting the inspection would primarily involve walking around the edge of the pool and looking for evidence of wildlife.

Chairman Gaudio agreed to continue the hearing until Tuesday, April 27, at 6 p.m., when it will be held again via Webex. She urged all parties, including members of the public, to submit any further comments by the end of the day on April 26.

The Public hearing will likely be closed on April 27, but the IWWC will not necessarily vote on the proposal at that meeting.

Editor’s Note: The full Minutes of the meeting have now been published on the Town of Old Lyme website at this link.