CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
SEPTEMBER 7, 2010 REGULAR MEETING - CORNWALL TOWN HALL
Present: Regular members Roger Kane, William Hurlburt and Celia Senzer, Alternate
members Doc Simont and Andrew MacDavid and Land use staff Karen Griswold Nelson.
Absent: Regular members D. Stevenson Hedden and Adam Fischer.
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 Mr. Fischer and Doc Simont for Mr. Hedden.
APPROVAL OF MINUTES: August regular meeting
Motion made by Mr. Hurlburt, seconded by Mr. Simont to approve the minutes
of the August meeting as presented: approved Mr.’s Kane, Hurlburt, Simont
and MacDavid. Mrs. Senzer abstained due to non-attendance.
PENDING APPLICATIONS:
App # 542 - Adam VanDoren (and Charlotte) co- property owners/Bruce Bennett
applicant - Regulated activities for site mitigation in response to Cease
and Correct Issued - 54 Bradford Road. Accepted at the August meeting.
Mapping entitled “Site Plan (prepared for Adam VanDoren – 54 Bradford
Road) dated August 4”, 2010” “Sedimentation Erosion Control
Plan – dated August 4, 2010” and “Mitigation Plan - dated
August 26, 2010” all prepared by CCA LLC, was submitted for the record.
Mr. Bruce Bennett, from Kent Greenhouses and representative for the VanDoren’s
was in attendance to address the matter. Mr. Bennett addressed the application
submitted at the August meeting, addressing new mapping prepared and distributed
(referenced above) to address the areas of past and present areas of disturbance
and filling in comparison to information shown on previous maps filed in the
Land Use office. Based on the information shown, it was agreed that additional
research was needed to satisfy the concerns of the commission as to the amount
of wetlands disturbed, and/or filled over the years. Mr. Bennett addressed
proposed remediation work being considered to address remediation on the Bradford
Brook stream bank as a result of the recent unpermitted site activities, proposed
remediation activities including stabilization, re-grading and widening of
part of the brook corridor. Based on the questions and concerns raised, recommendation
was to post a special meeting agenda for a commission site walk prior to the
next regularly scheduled meeting.
Motion made by Mr. Simont, seconded by Mr. MacDavid to table further discussion
of App #542 – to the October regularly scheduled meeting. (To be listed
under “Pending applications”) and to have the LUA coordinate a
special meeting site visit; unanimously approved
NEW APPLICATIONS:
App #543 – Mr. and Mrs. Philippe Selendy owner- Dirk W. Sabin –
agent for the property owners – Construction of a .16 acre pond for
farm and recreational purposes – 147 Town Street.
Dirk W. Sabin, landscape architect and environmental planner and representative
for the Selenday’s was in attendance to address the application.
Mapping entitled “Concept site Plan & Details”, “Layout
and Grading”, “Landscape and lighting site plan”, “Misc.
detail and Plant Schedule” prepared by Dirk W. Sabin submitted and distributed
prior to the meeting was referenced as part of the application submitted.
Mr. Sabin addressed the mapping supplied, pointing out areas proposed for
the siting of a 7300 square foot pond to be used for agricultural (watering
gardens in summer) and recreational activities (winter sports). Noting that
the mapping provided showed investigation of wetlands soils, Mr. Sabin stated
that the pond would be approximately 8 feet deep in the deepest part with
solid stone wall edging and an emergency shelf and would require approximately
1, 000 cubic yards of material to be excavated and moved. Mr. Sabin stated
that ground water monitoring pipes placed prior to last winter showed water
18’ below grade and that water in the proposed pond would not interface
with the stream. Addressing the vegetated nature of the property, Mr. Sabin
stated that the thicketed growth would be maintained by replanting the excavated
roots. Mr. Sabin was directed to mark the general outline of the pond for
commission members to review prior to the next meeting.
Motion made by Mr. Hurlburt, seconded by Mr. MacDavid to table further discussion
of App #543 to the October regularly scheduled meeting. (To be listed under
“Pending applications”); unanimously approved
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. No action taken to lift or amend - Notice
of Violation/Cease and Correct as issued and amended at the May 2010 to remain
in place.
INLAND WETLANDS OFFICER REPORT.
Griswold Nelson reported that the Furnace Brook farms site was nearing completion
and urged all commission members to visit the site prior to the completion
of the work and the closing of the permit. Griswold Nelson stated that the
20 Jewel Street Ditisheim/Dwy/Moore project was proceeding smoothly.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
Mr. Andrew Opgaard, co-owner of 38 Great Hill Road, property addressed the
commission regarding the release of the $10,000 erosion and sedimentation
control bond deposited with the Town of Cornwall as a condition of approval
at its February 7, 2006 regular meeting of his Inland wetlands permit #453
“to cross wetlands soils in constructing a driveway” as evidenced
in the minutes of the September 7, 2010 Inland wetlands meeting. Griswold
Nelson, noting that she had visited the site and found the site to be stabilized
and in order in terms of wetlands issues, provided documentation showing the
history of the bond, including money expended for review of the driveway prior
to construction by the town consulting engineer and road repairs costs after
a winter storm event. With agreement that the wetlands commission was satisfied
with their purview of the bond, but that the Land Use, based on funds expended
for review of the project by fee ordinance, was responsible for resolving
the differences between the balance of $4,553.70 un-expended and the $5446.30
in dispute:
Motion made by Simont, second Mr. MacDavid, to release the bond in its entirety
with acknowledgement that the balance of $5446.30 remained in dispute at this
time and is was being addressed by the Land Use office; unanimously approved.
ADJOURNMENT
Motion made by Mr. Hurburt, seconded by Mr. Simont to adjourn at 8:35PM; unanimously
approved.
Respectfully submitted,
Karen Griswold Nelson