CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
REGULAR MEETING OCTOBER 6, 2009 CORNWALL TOWN HALL
Present: Regular members Celia Senzer, Doc Simont, William Hurlburt and Alternates Andrew MacDavid and Roger Kane and Land use staff Karen Griswold Nelson.
Absent: D. Stevenson Hedden and Adam Fischer.
Senior member Simont called the meeting to order at 7:42 PM in the Cornwall Town Hall with a quorum established. Mr. Kane was seated for regular member D. Stevenson Hedden and Mr. MacDavid seated for regular member Adam Fischer. .
APPROVAL OF MINUTES: September regular meeting.
Motion Mr. Hurburt, second Mr. Kane, to approve the minutes of the September meeting as presented; unanimously approved.
NEW APPLICATIONS:
App #530- David Strettell and Annie Christensen applicants/owners – Activities within 100 feet of a watercourse for the demolition and rebuilding of a single family residence – 55 Warren Hill Road.
Peter Himmelstein, architect, PC from New York, Michael Greer, PE from CCA LLC, Litchfield and Timothy Egan, builder for the project were in attendance to represent the application.
Mr. Greer gave an overview of the property, stating that the wetlands on the 4.89+- acre parcel of land on the south side of Warren Hill, had been investigated by wetlands soils scientist Eric Davidson and field located by CCA LLC. Referencing a wetlands report submitted, Mr. Greer stated that the site was not in the flood hazard zone.
Mr. Greer, Mr. Himmelstein and Mr. Egan addressed the proposed demolition of the existing single family residence and the following rebuilt with the possibility of expansion of some parts of the existing footprint. Stating that the existing foundation was to be used as much as possible, Mr. Egan addressed the sequence of events in the investigation of the foundation for future use.
In response to questions regarding the proximity of the foundation to the perennial stream (brook) on the site (approximately 33 feet at the closest point) and protection of the stream during the process, it was noted that information had been submitted as to proposed erosion and sedimentation controls to be used during the process of demolition and reconstruction. Mr. Greer addressed the consideration of additional measures that might be considered during the overall process with the matter to be revisited at the next meeting.
Motion Mr. Hurlburt, second Mr. MacDavid to accept the App #530- David Strettell and Annie Christensen applicants/owners – Activities within 100 feet of a watercourse for the demolition and rebuilding of a single family residence – 55 Warren Hill Road and to table further discussion to the November regularly scheduled meeting.
In response to questions raised by staff as to the consideration of any of the demolition proceeding prior to the next meeting, the commission stated that as part of the acceptance of the application, the applicant /owner was granted permission to move forward with any and all parts of the demolition of the existing structure that could be done without any excavation within 33 feet of the brook: motion unanimously approved. (To be listed under “Pending applications”)
PENDING APPLICATIONS: None.
INLAND WETLANDS OFFICER REPORT.
INFORMAL DISCUSSIONS:
Regulations revisions – distribution of draft copy and set special meeting dates for review and public hearing.
Griswold Nelson addressed the revised regulations prepared, giving an overview of the basic changes and the process for amending the current regulations. Griswold Nelson advised the commission of other changes that could be incorporated into the regulations including pre-application informal review as suggested by Curtis Rand from the Salisbury Inland wetlands commission and language to include references to the DEP storm water manual as evidenced in regulations in Harwinton. Griswold Nelson was to include the additional language for consideration at the special meeting to be scheduled.
New State of CT fees, effective October 1st for all land use applications – recommendations for October town meeting.
Griswold Nelson advised the commission of the recent changes in state mandated fees to be collected as part of all Land Use permits, (Zoning, ZBA and Inland wetlands) stating that as of October 1, 2009, as part of the newly enacted state budget, the $30.00 DEP fee ($28.00 to the state DEP fund and $2.00 to the town) had been increased to $60.00 ($58.00 to the state general fund and $2.00 to the town). Based on the current fee of $30.00 being collected that had included the DEP fee and any required noticing, the agency agreed to authorize Griswold Nelson to address the matter.
Motion Mr. Hurlburt, second Mr. Simont, to authorize staff to work with the town to incorporate changes to the fee ordinance to cover the increased state fee: unanimously approved.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
Griswold Nelson addressed September 23, 2009 correspondence from Attorney General Richard Blumenthal (addressed to the Executive director of Cellco/dba Verizon Wireless) received from the Selectman’s office (Mailed to commission members as part of their package.) as relating to the proposed telecommunication facilities on Bell and Popple Swamp Road. Griswold Nelson stated that review of the Siting Counsel web site showed that no formal applications had been submitted as of yet and that the intervener status, as discussed at the September meeting would be considered if and when, but not until, a formal application was submitted to the Siting Counsel. The matter was to be revisited.
Kathleen and Peter O’Flinn and Tom Brasheres were in attendance. In response to their request to speak regarding the Cream Hill Road, Sweet Peet” operation, based on the lack of an application and no public comment on the agenda, and based on recommendations from legal counsel and commission chairman Steven Hedden’s instructions to staff, no testimony was allowed.
Correspondence received that day from Kathleen and Peter O’Flinn, Cream Hill Road, was made available to all commission members.
ADJOURNMENT
Motion by unanimous vote to adjourn at 8:30PM: unanimously approved.
Respectfully submitted,
Karen Griswold Nelson, secretary for the commission