CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
JULY 5, 2011 REGULAR MEETING - CORNWALL TOWN HALL
Present: Regular members D. Stevenson Hedden, Adam Fischer, Roger Kane and
Celia Senzer, Alternate members Andrew MacDavid (in 7:43PM) and Doc Simont
and Land Use staff Karen Griswold Nelson.
Absent: Regular member William Hurlburt
Chairman Hedden called the meeting to order at 7:38 PM in the Cornwall Town Hall meeting room with a quorum established. Mr. Simont was seated for regular member William Hurlburt.
APPROVAL OF MINUTES: June regular meeting minutes.
Motion made by Mr. Kane, seconded by Mr. Fischer to approve the minutes of
the June regular meeting as presented: unanimously approved.
PENDING APPLICATIONS:
App #550 – Allied Engineering Associates applicant/Stephen Hart owner
– Construction of a single family residence on land with activities
uphill of regulated areas – 10.25 acre lot (Assessors map – HO3-03-20)
with access from Railroad Street.
Information made part of the file by staff.
Revised plans “Existing Overall Site Plan”, “Proposed Overall
Site Plan”, “Existing and Proposed Drainage Areas “ all
maps prepared for Stephen Hart, Lot 1 Railroad Street, revised in part through
June 28, 2011.
Lenard Engineering correspondence dated June 10th and June 14th, 2011.
Allied Engineering correspondence dated June 30, 2011
George Johannesen, PE and principle from Allied Engineering Associates and
representative for Mr. Hart, addressed the revised plans submitted to construct
a single family residence on the 10.08 acre site, addressing areas of concern
listed in the Lenard Engineering June 14 correspondence. Mr. Johannesen gave
an overview of his June 30th correspondence that that addressed areas of concern
that had been addressed in the revised plans submitted. Mr. Johannesen stated
that it appeared that Lenard Engineering was satisfied with the revised drainage
calculations, noting no additional comments shown. Mr. Johannesen addressed
the “global stability analysis” study recommendations, stating
that the applicant was asking that it be a condition of approval, a condition
and request that the P&Z Commission was satisfied with.
Discussion ensued as to the issues raised by Lenard as to the global stability
of the site and the concerns of the Inland Wetlands Agency (“the Agency”)
and in particular those by Mr. Hedden. Mr. Johannesen gave an overview of
the water management on the site, the research undertaken to address the stability
of the overall site, and conversations with the manufacturer of the retaining
walls shown on the plans. Mr. Hedden addressed his personal wishes that all
of the areas of concern shown in the Lenard letter be addressed, stating his
personal belief that the request for the global stability analysis as a condition
of approval was not appropriate and that the study had to be supplied prior
to approval by the Agency.
Discussion ensued as to design details including the sizing and capacity of
pipes and other areas of concern previously expressed by the Agency, including
the proposed work in and around the railroad culvert under Railroad Street.
In response, Mr. Johannesen provided July 5, 2011 email correspondence from
Matthew Boardman (Housatonic Railroad) that addressed Mr. Boardman’s
overview of the proposed plans.
(Andrew MacDavid in 7:43PM)
Mr. Johannesen stated that he had also talked to highway supervisor James
Vanicky and First Selectman Gordon Ridgway regarding the private road and
access for fire protection and fire truck and they had expressed no concerns.
Mr. Johannesen was advised to have written confirmation of his conversations
for the record.
Mr. Simont questioned if watershed information had been submitted and pointed
out the maps showed the driveway going over the neighbor’s property
and therefore requiring an easement with note made that the matter would also
be brought to the P&Z Commission as well.
Mr. Hedden re-addressed his overall concerns and re-expressed his wishes to
see satisfaction of conditions put in writing and submitted for the record
and all conditions of concern (both Agency and as stated in the Lenard correspondence)
satisfied prior to approval. Mr. Hedden spoke to his wishes to see a maintenance
plan submitted for the overall detention system and a method of inspecting
the slope (“right to access” with notification) after the site
was completed. Mr. Hedden addressed the slope in general, a slope that he
deemed “remarkably unstable” based on his personal observations.
Mr. Hedden addressed the Agency’s wishes to see the consideration of
bonding and the amount of bonding needed to address the construction of the
driveway, deeming the biggest risk to the site as that being during the construction
of the driveway. Mr. Johannesen estimated that the cost of the driveway was
nearing $200,000. It was stated that the bonding that would be required as
a condition of approval could be reduced as phases were successfully completed.
Mr. Kane addressed his wishes to see the consideration of a double type C
catch basin at the Railroad Street culvert instead of a standard CL catch
basin proposed. Mr. Kane also raised questions regarding access for the construction
of the septic system Mr. Johannesen stated that letters were available showing
that septic installers could access the upper site with said written information
to be submitted.
(Mrs. Senzer out- 8:10 PM)
In response to questions regarding septic approval for the design changes
shown, Mr. Johannesen was to submit all correspondence from Torrington Area
Health.
Mr. Hedden, addressed item 4 on the June 30 Allied correspondence, stating
that an infiltration analysis, complete with an engineer’s signature
and stamp needed to be prepared and submitted in the form of a report.
Mr. Hedden addressed the consideration of supervision of the site by a professional
qualified to implement any approved plan and in particular, constant and full
time supervision during the installation of the entire driveway corridor and
water management system. Mr. Johannesen stated that such would be considered
and addressed in writing.
In wrap up as to conditions of approval that the Agency would be addressing
as part of their consideration for approval or denial, the following were
cited: 1. Driveway easement (over the abutting property), 2. Written confirmation
from the fire department as to fire protection access. 3. Final approval from
Torrington Area Health as to the septic design shown, 3. Infiltration analysis
as referenced in the June 14 Lenard correspondences, 4. Maintenance plan for
after construction maintenance 5. Bonding (“the big one” 6. The
“right to access” with certain notification 7. The consideration
of a different culvert design as proposed by Mr. Kane and 8. Site supervision
by a professional qualified to implement the plan.
Motion made by Mr. Kane, seconded by Mr. Fischer to table discussion of App#550 until the August 2, 2011 regularly scheduled meeting; unanimously approved.
NEW APPLICATIONS.
Amendments to the Inland Wetlands and Watercourse Regulations to re-format
and bring regulations into statutory compliance and establish an upland review
area – draft amendments prepared to be set for public hearing.
Motion by unanimous consensus of the Commission to set the Inland Wetland regulations for public hearing on September 6, 2011
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
INLAND WETLANDS OFFICER REPORT.
Re: June 2, 2011 – Letter of Concern sent to the State of Connecticut
Dam Safety Division re: 71 and 73 Popple Swamp Road including State registered
dam #269 Popple Swamp Road
Mr. Hedden (and Griswold Nelson) addressed a site visit by the State of Connecticut Dam Safety Division the previous week (June 30) and the findings by the safety officer as to necessary maintenance of the Yancopoulus dam and surrounding property including removal of vegetation and a tree on and near the spillway and the cleaning and maintenance of the outlet structure., It was stated that the State agency had assumed jurisdiction over the matter based on the hazard rating of the dam and pond.
Griswold Nelson addressed conversations with representatives for the Rogala property on Johnson Road and the discussion as to the consideration of moving the existing right of way to a location that might better address and minimize impact to wetlands on the site. Griswold Nelson was directed to advise the property owners that field delineation of the wetlands oils and an engineering plan would be needed for commission consideration but that the consideration appeared to have merit and should be followed up on.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
ADJOURNMENT
Motion made by Mr. Fischer, seconded by Mr. Kane to adjourn at 8:50Pm; unanimously
approved.
Respectfully submitted,
Karen Griswold Nelson