CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
REGULAR MEETING NOVEMBER 4, 2009 CORNWALL TOWN HALL
Present: Regular members D. Stevenson Hedden, Adam Fischer, Doc Simont, Alternates Andrew MacDavid and Roger Kane and Land use staff Karen Griswold Nelson.
Absent: Celia Senzer and William Hurlburt.
Chairman Hedden called the meeting to order at 7:30 PM in the Cornwall Town Hall with a quorum established. Mr. Kane was seated for regular member William Hurlburt and Mr. MacDavid for regular member Celia Senzer.
Motion Mr. Simont, second Mr. Kane to amend the agenda: unanimously approved.
Motion Mr. Simont, second Mr. Kane to amend the agenda to act on “Pending Applications: prior to “New Applications” and to add App #532 – Arthur Schor – lowing of Hawkins Pond to maintain the residential well located with the pond – Flat Rocks Road: unanimously approved.
APPROVAL OF MINUTES: October regular meeting.
Motion Mr. Simont, second Mr. Kane to approve the minutes of the October meeting with the correction of “without any excavation within 33 feet of the brook” under the motion to accept App #530: unanimously approved.
PENDING 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.
Mapping made part of the application and subsequent discussion.
“Site Plan prepared for David Strettell and Anne Christensen- 55 Warren Hill Road Route 45- Cornwall, CT” dated September 1, 2009 as revised 10/7/2009 “to add additional E&S controls measures”.
Ronald George, PE from CCA LLC, Litchfield and Timothy Egan, builder for the project were in attendance to represent the application. Addressing changes made to the plan, as shown on the revised plan submitted, Mr. George pointed out areas in which silt fence had been added to address concerns regarding building materials and/or erosion into the brook, noting that the worse case scenario for the project was that the entire foundation might need to be replaced. With remarks from the site contractor, Mr. Egan that the site would be maintained diligently, the commission agreed that all concerns had been addressed.
Motion Mr. Simont, second Mr. Fisher to approve 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 as the plans submitted, entitled, “Site Plan prepared for David Strettell and Anne Christensen- 55 Warren Hill Road Route 45- Cornwall , CT” dated September 1, 2009 as revised 10/7/2009 “to add additional E&S controls measures” the supporting information submitted as listed in the record and as per the oral and written testimony of the applicant and his representatives.
As part of the approval, the Inland wetland Enforcement Officer is to be notified prior to the start of any work on the site to ensure that the erosion and sedimentation controls as specified in the plans were in place prior to the start of work. Motion unanimously approved.
NEW APPLICATIONS:
A. App #531- Sunset View LLC applicant/owner – Review of plans for two single family residences on 2 lots served by a common driveway –344 Furnace Brook Road.
No activities proposed within regulated areas – report needed as part of special permit application to Planning & Zoning Commission.
Mapping entitled “Site Development Plan for proposed single family residence - Furnace Brook Road, prepared for Sunset View LLC, by Arthur Howland and Associates, dated September 30, 2009” (including cover sheet and overall site development plan, proposed sanitary disposal system, E&S controls and detail sheet) and supporting information including “Letter of authorization, Listing of abutting property owners, Preliminary progress print showing proposed Lot line revisions by Ronald McCarthy, LLS dated October 5, 2009, copy of Natural Diversity database review, and DEP reporting form made part of the record.
Paul Szymanski, PE and principle of Arthur Howland and Associates was in attendance to represent the application. The commission and Mr. Szymanski discussed the proposed development of the site for two residence s (one existing and one proposed), the zoning regulations regarding shared driveway and the interpretation of the zoning regulations for shared driveways (to be revisited) and the plan as being presented being overlaid and in addition to the current site development as part of a previously approved wetlands and zoning permit for restoration of a slope and site development.
Note was made of site visits by staff (and commission members) and observations of the site, as currently under development as part of plans prepared by Bart Clark of Oakwood Engineering, being in compliance with the site development plans approved.
Motion Mr. Simont, second Mr. Kane, that after review of plans of mapping and supporting information made part of App #531- Sunset View LLC applicant/owner for two single family residences on 2 lots served by a common driveway –344 Furnace Brook Road, that the report to the Planning & Zoning Commission was that the Inland Wetlands commission had not concerns with the proposal as presented: unanimously approved.
App#532 – Arthur Schor applicant/owner – “Use of right” application to drain Hawkins Pond for repair of residential well located within the pond - 55 Flat Rocks Road.
Mr. Schor and contractor/friend Samuel Tanuis were in attendance to address the matter.
Mr. Schor addressed the need to drain Hawkins Pond to access and maintain the well located within the pond serving the single family residence on the site, outlining the location and particulars of the in-pond well. Stating that the pump casing was located maybe twenty feet from the dam and the well tiles located in the pond, Mr. Schor addressed his wishes to drain the pond to access the well and correct the electrical shorting issue that he was experiencing with the well pump and change the foot valve, stating that the alternative was to drill a new well on the site, a costly matter in his estimation based on the lack of issues that he had experienced with the current in-pond well set-up.
Griswold Nelson referenced conversations that afternoon with DEP fisheries biologist Robert Orciari, stating that Mr. Orciari had addressed concerns with the impact of an uncontrolled drawdown of the pond on the brown trout population and spawning grounds located downstream of the pond and the need to ensure that if and when the pond was drained, that a continual flow of water be released through the spillway even as the pond was lowered so as to not again impact the downstream water level needed to ensure the viability of the downstream spawning grounds and fish population. Griswold Nelson recommended that the property owner, Mr. Schor personally interface with the DEP so as to ensure that all proper procedures were being following for any lowering or maintenance of the state registered dam and pond and that the lack of communication between the property owner and the DEP could not only put the property owner at risk of being in violation with state procedures and standards but the town agency for failure to comply with proper procedures. Griswold Nelson recommended that the Cornwall agency not move ahead with the granting of any permit without acknowledgment from the DEP that proper procedures were being followed.
Based on the recommendations of staff
Motion Mr. Fischer, second Mr. Simont, that App#532 – Arthur Schor applicant/owner – “Use of right” application to drain Hawkins Pond for repair of residential well located within the pond - 55 Flat Rocks Road be accepted, and that the following procedure for the application be followed:
The applicant is to provide procedures for the draining and refilling of the pond and the monitoring of the flows through the spillway.
Repairs are to be made to the existing well set up to prevent reoccurrence.
The Agency/Land use office is to receive a response from the DEP as to whether any state permitting is needed.
As part of the motion, the commission empowered the Inland wetlands enforcement officer and the commission chair to grant the permit upon the receipt of the information requested. Motion unanimously approved.
INLAND WETLANDS OFFICER REPORT.
INFORMAL DISCUSSIONS:
Discussion ensured as to commission procedures for the convening of meetings with the consideration of changes to current procedures, in light of the lack of a vice chair. The bylaws were to be re-addressed.
Mr. MacDavid and Griswold Nelson addressed recent conversations with the Cornwall Land Conservancy during which the questions of the maintenance and construction of nature trails and bridges and other assorted wetlands related activities as part of the Conservancy stewardship program arose. Griswold Nelson addressed the receipt of information from Hector Prud’homme with recommendations that an application might not be needed but that the information, including mapping etc. be made part of the record on an informational basis.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
Meeting dates for the year 2010.
Motion by unanimous vote to approve the following meeting dates for the year 2010, all meetings to commence at 7:30PM in Cornwall Town Hall: January 5, February 2, March 2, April 6, May 4, June 1, July 6, August 3, September 7, October 5, (Wednesday) November 3 and December 7.
Regulation revisions – consideration of public hearing dates.
Based on the request of staff, consideration of review of the new proposed regulations and the setting of public hearing dates was deferred until the new year.
Mr. Kane advised the commission of his work with the Town of Cornwall highway department in the overseeing of grant monies to make improvements and repairs to the drainage on Great Hollow and Great Hill Road, especially in the area of the Opgaard driveway.
ADJOURNMENT
Motion Mr. Kane, second Mr. Simont, to adjourn at 9:02PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson