CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
JULY 6, 2010 REGULAR MEETING - CORNWALL TOWN HALL
Present: Regular members D. Stevenson Hedden, Roger Kane, William Hurlburt and Celia Senzer, Alternate members Doc Simont and Andrew MacDavid and Land use staff Karen Griswold Nelson.
Absent: Regular members Adam Fischer,
Chairman Hedden called the meeting to order at 7:30 PM in the Cornwall Town Hall with a quorum established. .
APPROVAL OF MINUTES: June regular meeting.
Motion made by Mrs. Senzer, seconded by Mr. Simont, to approve the minutes of the June meeting as presented: 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 represent the application.
Motion made by Mr. Simont, seconded by Mr. Kane to move App #535 until the end of “Pending applications” or the arrival of the applicant; unanimously approved.
Modification to App #530- David Strettell and Annie Christensen applicants/owners originally approved for activities within 100 feet of a watercourse for the demolition and rebuilding of a single family residence – 55 Warren Hill Road for deposition of material within 100 feet of a watercourse. (Accepted at the June 1 regular meeting.)
Mr. Timothy Egan, builder/general contractor for the project was in attendance to represent the request for the modification. Mr. Hedden and Mrs. Senzer stated that they had both personally visited the site.
Based on site inspections, Mr. Hedden suggested that there were other places to move the excess earth materials on the site than that area along side of the brook. In response, Mr. Egan addressed points of resistance to certain other areas on the site with final consensus on the part of the commission and the applicant that the landowner would be better served to move the material elsewhere than next to the brook or haul it off site.
Motion made by Mrs. Senzer, seconded by Mr. Kane, to deny Modification to App #530- David Strettell and Annie Christensen applicants/owners originally approved for activities within 100 feet of a watercourse for the demolition and rebuilding of a single family residence – 55 Warren Hill Road.
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.)
Darrell Sherniske, landscape designer/project manager for Kent Greenhouses and replacement representative for the applicant, Bruce Bennett was in attendance to represent the application.
Mr. Sherniske addressed developments in the application to remediate the site, stating that the remediation along the stream bank, based on soil scientist, Cynthia Rabinowitz’s suggestions, was expected to be more compressive and possibly requiring engineering.
Mr. Sherniske and commission members reviewed mapping and site plans found in previous files for the subject property in comparison to mapping provided showing the field delineations of the wetlands by Ms. Rabinowitz with agreement that a better level of mapping showing wetlands soils compared to the location of the existing structures and the location of the walls was needed to better assess the situation and mitigate the issues. Other areas of discussion included the consideration of original wetlands plants being re-established in the areas of disturbance, the need for a construction sequence, and the method of stabilizing the banks including the re-vegetation with original plants. Based on the need for additional information and the time needed to acquire said information, Mr. Sherniske requested an additional 35 days for the consideration of the application.
Motion made by Mr. Kane, seconded by Mr. Simont, to accept the request for the extension of App#538 based on the time needed to provide additional information: unanimously approved.
NEW APPLICATIONS:
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.
Darrell Sherniske, landscape designer/project manager for Kent Greenhouses and replacement representative for Bruce Bennett was in attendance to represent the application.
Mr. Sherniske addressed the submission of the application in response to a June 2, 2010 “Cease and Correct” issued by Griswold Nelson. Mr. Sherniske and commission members discussed the site activities that had resulted in the enforcement action being taken and the subsequent activities to stabilize the site and add water management devices including a shade rain garden to manage roof drains. Griswold Nelson raised concerns regarding the construction of a stone wall in what appeared to be wetlands soils as well as drainage ditches that was directing water on and around the site, recommending that the applicants be required to field delineate the wetlands and watercourses on the site. It was agreed that such would be undertaken and that additional information regarding E&S controls and water management on the site be supplied.
Motion made by Mr. Kane, seconded by Mr. Simont to table further discussion of 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 to the August regularly scheduled meeting. (To be listed under “Pending applications”); unanimously approved
App#540 – Lee Moore applicant/owner (in conjunction with App #536 – Vivian H. Ditisheim and David Dwy applicant/owners) – Petition for a declaratory ruling for maintenance of drainage ditches and restoration of pond – 20 Jewel Street.
David Dwy was in attendance to represent the application for his adjoining property owner. Lee Moore.
With agreement that the activities being proposed constituted maintenance of residential property and that the application submitted fulfilled the requirement of App #536 that the owners of property being impacted by limited activities from that application submit a similar application:
Motion made by Mrs. Senzer, seconded by Mr. Simont, that the Commission has determined that #App#540 – Lee Moore applicant/owner (in conjunction with App #536 – Vivian H. Ditisheim and David Dwy applicant/owners) – Petition for a declaratory ruling for maintenance of drainage ditches and restoration of pond – 20 Jewel Street as per the oral and written record of the file including photographs and a written construction sequence, constitutes a “Use as of right” according to Section 4.2 for maintenance of residential property.
As part of the determination, the Commission that the Inland Wetlands Enforcement Officer was to be notified prior to the start of any construction activities on the site. Motion unanimously approved.
Motion made by Mr. Simont, seconded by Mr. Kane to add App#541 – Coltsfoot Valley Association owner/Dan Gracey applicant - Petition for a Declaratory Ruling/and or regulated activities” to install a portable temporary bridge for access to the west side of Valley Brook to cut brush from the base of Coltsfoot Mountain to the stream edge” – lots 3 & 4 of the Coltsfoot Valley Subdivision to the agenda based on information from staff that the application had been received on July 1st after the packages had been prepared and the agenda posted: unanimously approved.
Dan Gracey, applicant and contractor for the proposed activities, was in attendance to represent the application.
Mr. Gracey addressed his plans to install a hand constructed portable wood bridge (two sections of 6’ x 6’ with threaded logs) to access land west of Valley Brook to return the land to the appearance of pasture land. Noting that the result of removing the vegetation from the side of the brook to the base of the mountain, by brush hog, was related to aesthetics as well as functionality, Mr. Gracey stated that the work would also provide better walking access on that side of the brook for recreational usage as well. Mrs. Senzer raised her concerns regarding the impact to the property being used by beavers. The matter of agricultural uses and the relationship to current and past usage as defined in the regulations was discussed.
Motion made by Mr. Hurburt, seconded by Mr. Kane, that the Commission has determined that App#541 – Coltsfoot Valley Association owner/Dan Gracey applicant - Petition for a Declaratory Ruling” to install a portable temporary bridge for access to the west side of Valley Brook to cut brush from the base of Coltsfoot Mountain to the stream edge” – lots 3 & 4 of the Coltsfoot Valley, as per the oral and written record of the applicant, constitutes a “Use as of right” according to Section 4.1 for agricultural purposes, 4.2 maintenance of residential property and use of property for recreational purposes; approved by Mr.’s Hedden, Kane, Hurlburt, Simont and MacDavid. Opposed by Mrs. Senzer.
The commission returned to 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). With agreement that the application might be better served by granting additional time for all of the regulatory review needed on a state and federal level,
Motion made by Mr. Simont, seconded by Mrs. Senzer, to table further discussion of App#535- to the August regularly scheduled meeting. (To be listed under “Pending applications”); unanimously approved
PENDING ENFORCEMENT ACTIONS.
SHOW CAUSE HEARING: SHOW CAUSE HEARIING
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 as issued and amended at the May 2010 meeting: 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.
Motion made by Mr. Simont, seconded by Mrs. Senzer, to Uphold the Notice of Violation/Cease and Correct issued by the IWEO on June 2, 2010 with modifications as allowed: unanimously approved.
INLAND WETLANDS OFFICER REPORT.
June 22, 2010 Information from Todd Bobowick, Resource Conservationist from the Natural Resources Conservation Services section of the USDA to Nick Boyden of the Hollenbeck Club regarding conservation enhancements to be undertaken on the Cornwall section of the Hollenbeck River as part of the Hollenbeck Club WHIP program, emailed and distributed to commission member was made part of the record. The commission discussed the information, with input from staff, with direction from the commission that the Hollenbeck Club be advised in writing that any future activities proposed as part of this or any other similar project was to be brought to the Cornwall Inland Wetlands Agency with copies of the original application for consideration prior to the start of any activities.
Griswold Nelson addressed the July 20, 2010 public hearing being conducted by the Connecticut Siting Council 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, stating that the correspondence previously prepared and submitted by the Inland wetlands commission had been made part of the Town of Cornwall intervener correspondence.
Griswold Nelson advised the commission that work had commenced under the supervisor of site engineer, Mr. Brian Neff on the replacement of an existing driveway culvert with a bridge as part of Application 502, issued: December 2007 to Martin Horner for land located at 87 Furnace Brook Road.
In response to requests from Griswold Nelson, Mr. Kane addressed activities being done on the front part of the 335 Cream Hill Road property owned by Robert and Joan McGuire to address site and road water management. Mr. Kane, noting that he had been requested to design and oversee plans for the activities, stated that the work did not involve any activities within wetlands soils but rather was addressing existing drainage features and issues as relating to the current and past town road design.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
Email correspondence from Joseph Saluti, 13 Yelping Hills Road regarding activities near wetlands.
Griswold Nelson addressed correspondence received in response to concerns raised by neighbors as to activities within regulated areas on the 13 Yelping Hills Road Saluti property, noting that she had been on site to discuss the matter with the site contractors, Timothy and Tony Locke as well as discussing the matter with Mr. Saluti on the phone. It was agreed that based on the information supplied, the commission had no purview in the matter.
OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
ADJOURNMENT
Motion Mr. Kane, second Mr. Hurlburt to adjourn at 8:57PM; unanimously approved
Respectfully submitted,
Karen Griswold Nelson