CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
APRIIL 5, 2011 REGULAR MEETING - CORNWALL TOWN HALL
Present: Regular members Roger Kane, Adam Fischer (in 8:00PM), Celia Senzer,
Alternate members Doc Simont and Andrew MacDavid and Land use staff Karen
Griswold Nelson.
Absent: Regular members D. Stevenson Hedden and William Hurlburt.
Secretary Roger Kane called the meeting to order at 7:36 PM in the Cornwall Town Hall with a quorum established. Mr. Simont was seated for regular member D. Stevenson Hedden and Mr. MacDavid was seated for regular member William Hurburt.
APPROVAL OF MINUTES: February special meeting
Motion made by Mrs. Senzer, seconded by Mr. MacDavid to approve the minutes
of the February meeting as presented: unanimously approved.
PENDING APPLICATIONS:
App #544 – 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. Accepted at the January meeting based on
the receipt of fee.
No one was in attendance to represent the application. Griswold Nelson advised
the Commission that revised plans and review response correspondence had been
delivered to the Land Use office that afternoon by a representative from Allied
Engineering and that the town’s consulting engineer, Lenard Engineering,
had not received or reviewed the revised plans as of yet.
Motion made by Mrs. Senzer, seconded by Mr. MacDavid, to table discussion
of App#544 until the May regularly scheduled meeting: unanimously approved.
App #545 – Reginald Auchincloss applicant-owner – After-the-fact
activities within regulated areas including site clearing and woods management
associated with the renovation of an existing single family residence –
8 Town Street.
Griswold Nelson advised the Commission of verbal communications with Mr. Auchincloss
regarding the application and his stated intent to not pursue permitting for
any activities other than those currently completed. Griswold Nelson stated
that she had been on the site that day and that the overall site was stabilized
with vegetation and trees planted. It was also noted that the area in which
tree harvest equipment had crossed the stream showed no evidence of erosion
over the winter months
Motion made by Mrs. Senzer, seconded by Mr. MacDavid to approve App#545 for
the after-the-fact activities only with no further activities in terms of
woods management or timber harvesting without the submission of a new application:
unanimously approved.
NEW APPLICATIONS. None.
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 permit.
Motion made by Mr. Simont, seconded by Mrs. Senzer to continue the Show Cause
hearing and keep the Notice of Violation in place: unanimously approved.
NOTICE OF VIOLATION - CORRECT AND RESTORE - George and Karen Yancopoulos
-71 and 73 Popple Swamp Road – Assessors Map CO6-02-10 - Lack of proper
maintenance within regulated areas, including a waterbody and watercourse,
resulting in the discharge of water over a town road and flooding of downstream
and abutting properties
April 5 correspondence received from Mr. Yancopoulus was made part of the
record. After discussion, consensus was that the issues raised in the letter
regarding the condition and deterioration of the town road was to be referred
to the Board of Selectman. It was also stated that any changes to the existing
design or grade of the road, i.e. the addition of road fill material and/or
water management devices such as swales (activities beyond maintenance) were
to be brought to the Commission for review and approval. It was noted that
if Mr. Yancopoulos was maintaining the spillway properly, that he was complying
with the directives of the Commission as part of the “Correct and Restore”
issued.
Adam Fischer in 8:00PM.
INLAND WETLANDS OFFICER REPORT.
Griswold Nelson addressed town wide issues as a result of recent storm events,
including the blow-out of the Great Hill/Opgaard driveway into the town road.
Griswold Nelson addressed her intent to start on several open issues, including
improvements to the Mark Davis/Dibble Hill Road situation.
Discussion ensued as to the consideration of an April workshop meeting with
Attorney Perley Grimes to review and move forward on the Inland Wetlands regulation
amendments with agreement that the evening of choice was April 26th at 7:30PM.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED
A. January 31, 2011 correspondence from Torrington Area Health regarding the
proposed repeal of the 75 foot wetlands setback enacted by the Heath District
in 1979.
The matter was to be revisited after further research.
B. Email notification correspondence from DEP forestry division regarding
activities in Cornwall.
For FOI purposes, Griswold Nelson addressed the receipt of electronic information
from the DEP regarding DEP forestry projects in Cornwall and the forwarding
of that information to Commission members via email and snail mail
C. DEP spring training program dates. Information on file in the Land Use office.
Mr. Kane advised the Commission of the intent of the Town of Cornwall to
resurface and make drainage improvements to Great Hill Road and Perkins Road
up to the intersection of Eli Bunker Road. Mr. Kane stated that 30”
culvert pipes would be installed along with 160 feet of underdrain with the
work to be done both by the highway department and a private contractor.
ADJOURNMENT
Motion made by Mr. Fischer, seconded by Mr. MacDavid to adjourn at 8:30PM;
unanimously approved.
Respectfully submitted
Karen Griswold Nelson