CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
REGULAR MEETING JUNE 2, 2009 CORNWALL TOWN OFFICE BUILDING
Present: Regular members D. Stevenson Hedden, William Hurlburt, Celia Senzer, Doc Simont and alternate Roger Kane.
Absent: Adam Fischer and Alternate Andrew MacDavid
Chairman Hedden called the meeting to order at 8:00 PM in the Cornwall Town Hall with a quorum established. Mr. Kane was seated for regular member Adam Fischer.
APPROVAL OF MINUTES: April regular meeting.
Motion Mr. Simont, second Mrs. Senzer, to approve the minutes of the April meeting as presented: unanimously approved.
NEW APPLICATIONS:
App# 528 – John Miller applicant/owner – “Use as of right” according to Section 4.2 for maintenance of an existing pond created for agricultural/recreational purposes – 186 Warren Hill Road.
Mr. Miller was in attendance to represent the application. Mr. Miller gave an overview of the process as presented in the sketches and written construction sequence as supplied, addressing the commission’s concerns that there be “no mud on the neighbor or in Prichard Brook”. With note that the pond was approximately 2 acres in size, Mr. Miller stated that the areas for distributing the spoils were adequate as shown and that the spoils were not expected to be more than earth material and vegetation. Note was made that a local contractor was prepared to do the work immediately and that there was already equipment on site
Motion Mr. Kane, second Mr. Simont, to determine that App# 528 – John Miller applicant/owner – constitutes a “Use as of right” according to Section 4.2 for maintenance of an existing pond created for agricultural/recreational purposes – 186 Warren Hill Road as per the oral and written testimony of the applicant and the file of the record, including the prior application for the construction of the pond. As part of the approval, the Inland wetlands enforcement officer was to be notified prior to the start of site work, to ensure that proper soil and erosion controls are in place. Motion unanimously approved
PENDING APPLICATIONS: None.
INLAND WETLANDS OFFICER REPORT.
Ms. Griswold Nelson advised the commission that she had become aware of changes being made to the DePolo Dibble Hill residential site, supplying information requested and received from Mr. DePolo’s consulting engineer, Pat Hackett regarding the proposed changes. Concerns were expressed regarding any changes to a site that had been presented as having little or no alternatives in terms of placement of any of the components of the site. Griswold Nelson was directed to address the erosion and sedimentation controls on the site and address the commission’s concerns regarding the changes being made without prior noticing to the Land Use office.
Griswold Nelson addressed the status of the Furnace Brook farms site, stating that TRAC’s, the site contractor was moving into phase 3 of the project. Griswold Nelson advised the commission that site engineer, Bart Clark, was properly supervising the site as required and that there had been no issues or concerns. Mr. Hurlburt stated that he had visited the site and concurred with Griswold Nelson.
Griswold Nelson addressed the status of the Karen Greenberg/Flat Rocks Road site, stating that site visits showed that the spillway /dam was completely gone (maybe during the winter), the pond down to natural levels and trees previously planted on the side of the site, as part of a wetlands permit, were missing. Noting conversations with the site manager, Brian Malarkey and the site engineer, Ken Hrica since the last meeting as to the status of the site, Griswold Nelson stated that she had been advised that many of the original trees planted had died and the remaining trees removed and re-planted on other parts of the site but that it also appeared that the owner was either not aware of or duly concerned with the status of the pond, Noting no complaints from downstream neighbors as to any damage incurred by the collapse of the dam and that the site was basically under control with many parts of the site returning to a natural status, Griswold Nelson suggested that the commission consider revisiting the permits based on the changes to the site.
Motion Mr. Simont, second Mrs. Senzer, to revoke Permits #493/494 issued to Karen Greenberg August 2007. The commission’s action is based on the commission’s determination that due to the changes to the topography of the site and in particular the deterioration and failure of the dam since Permit 493/494 was issued in August 2007, that the original dam design might no longer considered adequate and therefore all previous permitted activities, including the planting of vegetation, requires re-addressing and the submission of a new applications for all future activities.
Motion unanimously approved.
INFORMAL DISCUSSION:
Draft Recommendations in the Natural Resources section of the Plan of Conservation & Development currently under consideration by the P&Z commission as relating to wetlands, watercourse, and waterbody issues.
Ms. Griswold Nelson distributed copies of the a preliminary draft of the Natural Resources section of the Plan of Conservation, a preliminary draft that showed the recommendation to “Update Cornwall’s Inland Wetland and Watercourses Regulations to create provisions for regulating upland review areas of at least 100 feet” - (Who: Inland Wetlands Commission; When: 2009 - 2010; Priority: High)
Strategy: Currently Cornwall’s Inland Wetland and Watercourse Regulations do not include an “upland review area” or buffer area adjacent to wetlands or watercourses or define activities outside of an upland review area which are likely to have an adverse impact on wetlands or watercourses. According to the Connecticut Attorney General without these elements in the Inland Wetland Regulations an Inland Wetland Agency can not regulate impacts outside of a wetland or watercourse or upland review area” Discussion ensued as to the commission’s jurisdiction as to activities outside of the actual wetlands or watercourse with Griswold Nelson’s clarification that the statements referred to by the Connecticut Attorney General were correct. After discussion, it was agreed that model regulations for Cornwall incorporating new statutory language and the consideration of an upland review area should be prepared by staff for commission consideration.
ADJOURNMENT
Motion Mr. Kane, second Mr. Simont, to adjourn at 8:45PM; unanimously approved.
Karen Griswold Nelson