CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
AUGUST 3, 2010 REGULAR MEETING - CORNWALL TOWN HALL
Present: Regular members D. Stevenson Hedden, Roger Kane, William Hurlburt and, Alternate members Doc Simont and Andrew MacDavid and Land use staff Karen Griswold Nelson. Absent: Regular members Adam Fischer and Celia Senzer
Vice chairman Roger Kane called the meeting to order at 7:30 PM in the Cornwall Town Hall with a quorum established. Alternate Andrew MacDavid was seated for Adam Fisher and Doc Simont for Celia Senzer.
APPROVAL OF MINUTES: July regular meeting
Motion made by Mr. Hurburt, seconded by Mr. MacDavid to approve the minutes of the July meeting with the addition of Doc Simont being seated for Adam Fisher and the correction of Robert and Joan McGuire’s address from 335 Cream Hill Road to 333 Cream Hill Road; unanimously approved.
PENDING APPLICATIONS:
App #535- Roxanna & Ledlie Laughlin owner/Lenz Electric applicant – Installation of a micro hydro system within a stream – Fox Road/Ford Hill Road. (Application accepted at the April special meeting).
No one was in attendance to address the application. Griswold Nelson advised the commission that a partial telephone message had been sent by Mr. Lenz but that it was unclear as to his intentions. Based on the lack of information needed to approve the application and the timing of the submission of the application
Motion made by Mr. Simont, seconded by Mr. MacDavid to DENY without prejudice Application 535 due to lack of information: unanimous approved.
Steve Hedden in 7:40PM. Mr. Hedden assumed his position of chairman.
App #538 – Adam VanDoren (and Charlotte s) co- property owners/Bruce Bennett applicant for activities to “as stated on the application” to remove debris between the house and road side meadow- 54 Bradford Road. (Accepted at the June 1 regular meeting.)
August 3, 2020 email correspondence from Bruce Bennet from Kent Greenhouses, stating in part, “since the scope of the work has changed, we suggest that the application #538 is no longer relevant and that we would like to either withdraw or modify the application” was made part of the record.
New application #542 was made part of the record. After discussion, and with agreement that the withdrawal of the pending application and the acceptance of the new application would allow access to the site:
Motion made by Mr. Simont, seconded by Mr. Kane, to accept the withdrawal of App #538 as per the email submitted and accept App #542 incorporating the record of previous applications and new information: unanimously approved.
As part of the acceptance of the new application, it was requested that staff direct the applicant to provide information and mapping showing the conditions on the previous mapping submitted for the house construction prepared by David Wilson plotted against the current information being submitted so as to assist the Commission in determining how much the site has changed (and benefited from non-permitted activities) and the amount of disturbance to wetlands.
App#539- Lance Patterson (and Andrea Bernardi) co-owners- “After the fact” application for activities within regulated areas” including removal, re-grading and deposition of material near or in possible within wetlands soils” in response to June 2, 2010 “Cease and Correct Order” issued – 19 Wright Hill Road.
July 27, 2010 correspondence from Conn-Soil as to site investigation of the 19 Wright Hill Road site was made part of the record. Griswold Nelson advised the commission that she had been on site and open areas of the site were stable with new vegetation growing. With agreement that the information provided addressed the concerns of the commission:
Motion made by Mr. Kane, seconded by Mr. Hurlburt to LIFT the Cease and Desist order issued on June 2, 2010 and to approve App#539 for “after- the -fact activities as presented: unanimously approved.
NEW APPLICATIONS: Accepted under Agenda item “Pending Applications - B.”
PENDING ENFORCEMENT ACTIONS:
SHOW CAUSE HEARING: Notice of Violation – Cease and Correct - Adam and Charlotte S. VanDoren – 54 Bradford Road – Regulated activities including - Removal and deposition of material within wetlands soils, alteration of wetlands soil, activities within a watercourse, and the possible crossing of a watercourse without permits.
Motion made by Mr. Simont, seconded by Mr. Kane, to UPHOLD the Notice of Violation/Cease and Correct issued by the IWEO on June 2, 2010: unanimously approved.
Notice of Violation – Cease and Correct issued June 2, 2010 - Lance Patterson (and Andrea Bernardi) Activities within regulated areas” without a permit – 19 Wright Hill Road.
Lifted under Agenda item “Pending Applications – C”
INLAND WETLANDS OFFICER REPORT.
Griswold Nelson reported that correspondence had been sent to the Hollenbeck Club regarding the activities undertaken on the Cornwall section of the Hollenbeck River as part of the Hollenbeck Club WHIP program with direction and clarification given of the commission’s expectation that an after-the-fact application was to be submitted
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
July 15, 2010 correspondence received from Northwest Conservation District regarding Docket No. #402- Cellco Partnership d/b/a Verizon Wireless for the construction, maintenance and operation of a telecommunications facility located at 16 Bell Road Extension.
Griswold Nelson advised the commission that the July 15th correspondence referenced had been submitted by the Town under its intervener and made part of the record of the public hearing for the Verizon cell tower held in Cornwall Town Hall on July 20. Griswold Nelson addressed questions posed, concerns raised and response comments made at the hearing that indicated that the plans submitted and reviewed by Northwest Conservation District and other interested parties were not final plans but preliminary plans and that the applicant would be addressing any and all concerns in the final plans to be submitted to the Siting Counsel prior to “implied” approval. Griswold Nelson addressed concerns raised in the community as to the conduct of the Siting Counsel during the pre-hearing and hearing process.
OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
ADJOURNMENT
Motion made by Mr. Kane, seconded by Mr. Simont to adjourn at 8:20PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson, Secretary