CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
REGULAR MEETING JUNE 5, 2007, CORNWALL TOWN OFFICE BUILDING
Present: Chairman D. Stevenson Hedden, presiding; regular members, Roger Kane, Celia Senzer, Doc Simont and Alternate Adam Fischer and Andrew MacDavid.
Absent: William Hurlburt.
Chairman Steven Hedden called the meeting to order at 8:00PM with all regular members seated for the proceedings. Mr. MacDavid was seated for regular member William Hurlburt.
APPROVAL OF MINUTES: May meeting
NEW APPLICATIONS:
App #489 – Dark Forest Entry Inc. applicant – Petition for declaratory ruling for the repair of a masonry spillway, rebuilding masonry walls, etc. - Dudley Town Pond (past Pond Road)
David Colbert, representative for Dark Forest Entry, addressed the proposed plans for maintenance and repair of the structural components of a small pond located on Pond Road, a small dirt road off Bald Mountain Road. Mr. Colbert, stating that the spillway for the small pond had been constructed in the 1930’s, provided May 11, 2005 correspondence from the State of CT DEP regarding their review (based on February 28, 2005 correspondence from Dark Entry Forest) and subsequent determination that the proposed repair work would not require a DEP dam construction permit pursuant to Connecticut General Statutes 22a 403 and 22a-368. Mr. Colbert provided July 6, 2005 correspondence from the Depart of the Army Corps of Engineers as to their jurisdiction in the matter. Mr. Colbert provided plans prepared by William Colby, PE from Colby Engineering & Consultants, Goshen, stating that Mr. Colby had been engaged by the Dark Forest Entry to prepare an engineered plans and details for the repair of the spillway, repair of the existing masonry walls and the construction of the curtain drains on both sides of the spillway. In response to questions, Mr. Colbert stated that the plans included the use of existing stone on site as part of the repair process with the spillway to remain basically the same with the reconstruction expected to go the depth of the spillway and the reconstruction process from the bottom up.
In response to the information supplied, Mr. Colbert was asked to flag the road and provide visual directions for commission members to find and visit the site, provide a construction sequence and procedure for the proposed work, revise the plans to show the location of the concrete core of the spillway, and have Mr. Colby attend the next meeting to answer any additional questions as to design details and construction procedures for the proposed work.
Motion Mr. Simont, second Mrs. Senzer, to accept the application (with no determination of significance) and to table discussion of the application to the July 3, 2007 meeting. (To be listed under “Pending applications”): unanimously approved.
Oakwood Environmental Associates, Bart Clark - representative for /Benjamin Nickoll owner – Modification to Furnace Brooks Farm permit for site stabilization – Furnace Brooks Farms.
Mr. Bart Clark, PE from Oakwood Environmental Associates, Warren addressed the commission regarding proposed work on the Furnace Brook Farms site to reconstruct and stabilize a fill slope and make other corrective measures to the site as a result of recent rain events. Mr. Clark stated that he was in attendance to get direction from the commission as to the permitting process for the proposed activities.
With note made that staff member, Ms. Griswold Nelson had been on site, Mr. Clark addressed the plans to reconstruct the previously filled slope near the existing house and bring the current deteriorated areas of slope varying from 1 to 1 to 2 to 1 back to a 3 to 1 grade, working from the top down to the bottom, stating that the process would involve the moving of about 1,000 cubic yards of material. Mr. Clark stated that the reconstruction of the slope was also to be done in conjunction with modifications to the driveway going up the side hill to the upper area of the site with material to be stockpiled on site for the driveway reconstruction. In response to Mr. Clark’s testimony, the commission asked that 2 permits be submitted, one for the stabilization of the slope and the second for the driveway work and provide engineering plans including the time frame for the proposed work, stabilization measures, areas for stockpiling of material, cost estimates for the proposed work, the amount of material to be moved and a topographical map showing existing and proposed contours. The commission addressed the consideration of a commission site walk on the site upon receipt of the applications and supporting material.
Hrica Associates LLC, Ken Hrica – representative for Karen Greenberg – Modification to permit #460B for Site restoration and stabilization – Day and Flat Rocks Road.
Ken Hrica, PE and licensed surveyor with an office at 82 West Street Litchfield, provided plans (“Site Restoration Plan – dated 5/21/2007”) showing the stabilization of the site around the failed spillways on the Day and Flat Rocks Road Greenberg site, stating that the in-process plans addressed the numerous areas of disturbance on the site and the various levels of restoration to bring the site back to proper functionality. Commission members gave input as to the sequence of events in the past in the original permitting process that in part had resulted in the current issues on the site.
Mr. Hrica addressed the plans showing the stabilization on the site, outlining parts of the plans that included a temporary diversion of parts of the channel so as to stabilize and line parts of the channel, to get vegetation growing on the jute net/straw netting on the south side of the brook, to re-grade parts of the side to smooth out areas in preparation for reseeding with appropriate seed mixes for stabilization. Mr. Hrica stated that appropriate erosion and sedimentation control measures would be in place during the process, including silt fence and hay bales and a construction entrance provided in and around the area of re stabilization for the storage of equipment and supplied needed for the work.
Mr. Hrica and the commission addressed the in-process plans for the reconstruction of the spillway(s) on the site with recommendations given by commission members as to consideration of abandoning parts of the existing configuration and alternate means of controlling the water levels in the channel(s) and pond on the site.
Based on Mr. Hrica’s oral testimony and the plans provided, permission was given to move ahead on the stabilization of the site as discussed with supervision by both Mr. Hrica, site contractor Mr. Brian Malarkey, from Nova Ventures LLC, Litchfield, CT (in attendance) and staff, activities to be considered as part of the application #460B. Mr. Hrica was to submit new applications for the reconstruction of the spillway(s) on the site, application(s) to include engineered plans and details for all proposed work.
PENDING APPLICATIONS:
App #483 – Andrew Cooks/Julia Randall owners/applicants – Regulated activities for the construction of a driveway and site stabilization – 78 Whitcomb Hill Road. Accepted at the March 2007 meeting. No determination of significance.
Ms. Griswold Nelson advised the commission that the applicants were requesting a verbal extension of the application, stating that plans for the driveway were nearing completion with planned site visits between the P&Z consulting engineer and concerned parties underway to address any and all open concerns. It was stated that a curb cut approval had not been issued by the Board of Selectmen.
Motion Mrs. Senzer, second Mr. Hurlburt, to table discussion and decision on the application to the July 3, 2007 meeting. (To be listed under “Pending applications”): unanimously approved.
App #485 – Einar Lindholm applicant/Einar and Patience Lindholm owners – Activities within regulated areas for the development of a 1 lot (re-) subdivision – 238 River Road.
Accepted at the April 2007 meeting. No determination of significance.
Ms. Griswold Nelson addressed the application working through the Planning & Zoning process for subdivision with some open issues remaining. It was clarified that the Inland wetlands commission had approved the actual wetlands activities as shown on the original plans but had not issued a report on the subdivision itself.
App. #487 – Andrew Savage applicant/owner – Activities within wetlands soils for the construction of a driveway – Whitcomb Hill Road. Accepted at the April 2007 meeting. No determination of significance.
Mr. Savage addressed the commission regarding the site, with confirmation by Ms. Griswold Nelson that she had walked the site with Mr. Savage. Based on the terrain and the underbrush on the site and the difficulty of accessing the site for inspection, Mr. Savage agreed to cut a path from the road for access by the commission up to the wetlands crossing with Ms. Griswold Nelson to notify commission members when the access was created. Ms. Griswold Nelson advised the commission that a curb cut approval had not been issued by the Board of Selectman.
Motion Mrs. Senzer, second Mr. Hurlburt, to table discussion and decision on the application to the July 3, 2007 meeting. (To be listed under “Pending applications”): unanimously approved.
App # 488 – Cheryl B Thibault applicant/owner – Regulated activities for the construction of a driveway to a proposed single family residence – 15 Johnson Road. Accepted at the May 2007 meeting. No determination of significance.
Dennis McMorrow, P.E. and land surveyor from Berkshire Engineering re-addressed the commission regarding development of the .67 acre lot accessed by a 14 foot right of way to Route 4 as per the plans provided, noting that the plans remained the same with no changes requested by the commission at the last meeting. Mr. McMorrow addressed the plans showing one small crossing of wetlands needed to access the site with no feasible and prudent alternatives based on the configuration of the site and the access way.
In response to questions, Mr. McMorrow stated that he was open to changing the plans to showing a flared end outlet structure and would place the name and telephone number of the person in charge of the erosion and sedimentation controls on the plans to be filed.
Hearing no other questions or concerns and with agreement that the application represented “non-significant” activities and that no petition had been submitted to require the application to be heard in public hearing:
Motion Mr. Kane, second Mr. Hurlburt, to approve application App # 488 – Cheryl B Thibault applicant/owner – Regulated “non-significant” activities for the construction of a driveway to a proposed single family residence – 15 Johnson Road as per the oral and written testimony of the applicant and her representatives and as per the site plan provided: “Septic System Design prepared for Cheryl B Thibault, Johnson Road” by Berkshire Engineering, dated 12/04/2006” with the following conditions:
The project engineer was to provide supervision of the project at the expense of the land owner with the project engineer to provide a certificate of compliance to the Land Use office upon the completion of the project.
The name and telephone number of the persons or entity responsible for the erosion and sedimentation control measures were to be provided and made part of plans on file.
The outlet structures were to be modified to flared end.
Accordingly, feasible and prudent alternatives were considered and the commission approval of the application is based on its finding that the application represents the most feasible and prudent alternative available. 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 prior to the start of site work. Such measures are to be inspected and approved by the Inland Wetlands Enforcement Officer prior to and during all phases of the project Motion unanimously approved.
Cooks-Randall Show Cause Remediation – Show Cause/Notice of Violation – (application #474 denied/notice of violation and cease and correct order still in effect.)
OTHER BUSINESS;
Informal discussion with HFFA Housatonic Fly Fisherman Association in regards to the “Garbage Hole” renaming and redevelopment plans
Fred Monahan, representative from the Housatonic Fly Fisherman Association addressed the commission regarding proposed projects on the Housatonic River, projects in conjunction and partnership with Housatonic Valley Association and the State of CT DEP to restore and improve habitat conditions in the river, to provide handicapped access and access for emergency vehicles and equipment and address invasive species and enhancement of the river corridor. In response to the information supplied, the commission directed the association to submit applications along with engineered plans for any work to be done along or in the river. The commission asked that consideration be given to the installation of a dry hydrant for fire protection purposes.
Motion Mr. Simont, second Mrs. Senzer, to add application #490 Stephen and Victoria Montifiore property owners/CCA LLC representatives for the applicants – installation of board walks across wetlands to access an accessory building – 63 Popple Swamp Road to the agenda and to table discussion and decision on the application to the July 3, 2007 meeting. (To be listed under “Pending applications”): unanimously approved.
Motion Mr. Simont, second Mrs. Senzer, to add application #491 George Charlton applicant/owner – Petition for a declaratory Ruling for the reconstruction of a bridge crossing – 251 Furnace Brook Road to the agenda.
Based on the lack of information supplied, as compared to the information requested by the commission at the May meeting and as reflected in the minutes and the fact that the application now represented “after-the-fact” and “completed activities”:
Motion Mr. Hurlburt, second Mrs. Senzer, to the commission declined to act on and/or determine that the application #491 George Charlton applicant/owner constitutes a Petition for a declaratory Ruling the reconstruction of a bridge crossing – 251 Furnace Brook Road due to lack of information; unanimously approved.
Motion Mr. Simont, second Mr. Hurlburt, to add application #492 Denscott Pool and Spa applicant/Arthur Strassle owner – Petition for a declaratory ruling for the cleaning and maintenance of silt ponds – 195 Great Hill Road to the agenda.
Ms. Griswold Nelson advised the commission that the application proposed activities not only to clean the silt pond(s) at the bottom of the Great Hill Road driveway but to use the excavated material as part of the construction of an in-ground swimming pool on the upper section of the site (past the tennis courts). Based on the lack of information as to the amount of material to be excavated, the disposition of the material on the site and the dewatering and containment process:
Motion Mr. Hurlburt, second Mr. Simont, to table further discussion and decision on the application to the July 3, 2007 meeting. (To be listed under “Pending applications”): unanimously approved.
CORRESPONDENCE: None.
ADJOURNMENT:
Motion Mr. Hurlburt, second Mr. Kane, to adjourn at 10:15PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson