CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
AUGUST 2, 2011 REGULAR MEETING - CORNWALL TOWN HALL
Present: Regular members D. Stevenson Hedden, Adam Fischer, Roger Kane, Celia
Senzer and William Hurlburt, Alternate member Andrew MacDavid, and Land Use
staff Karen Griswold Nelson.
Absent: Alternate member Doc Simont
Chairman Hedden called the meeting to order at 7:30 PM in the Cornwall Town Hall with a quorum established.
APPROVAL OF MINUTES: July regular meeting and April and May special meeting
minutes.
Motion made by Mr. Hurburt, seconded by Mr. Kane to approve the minutes listed
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.
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 submitted for the record:
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
August 2011.
Drainage report revised to June 6, 2011
August 2, 2011 correspondence from Torrington Area Health
Correspondence from the Housatonic Railroad.
Correspondence prepared by Allied Engineering including a proposed sequence
of events and anticipated engineer inspection, proposed incremental bond release,
proposed maintenance bond, and driveway construction estimate dated August
2, 2011.
July 29, 2011 infiltration analysis report prepared by Allied Engineering.
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 open issues from
the July wetlands meeting.
Mr. Johannesen addressed the matter of the driveway shown partially constructed
on the abutting (Xatzis) property, referencing maps showing a historic right
of way crossing not only the Hart and Xatzis properties but other properties
along Railroad Street. Mr. Johannesen stated that matter had been investigated
by surveyor Mathis Kiefer and based on the fact that the right of way was
historic and not filed on any deeds, that no easement was needed.
Mr. Johannesen addressed the submission of additional information requested
(as referenced above) including the change of the plans to show the C2 catch
basin recommended by Mr. Kane, and the information as to bonding, phasing
and times as requested by the Land Use office.
Mr. Johannesen stated that while he had talked to town officials (Ridgway
and Vanicky) regarding the road, that he did not yet have written correspondence.
Mr. Johannesen stated that the global stability analysis study referenced
in the Lenard correspondence had been undertaken and that the report was favorable.
Griswold Nelson acknowledged conversations with Ulrick LaFosse, senior principle
from Geodesign Incorporation, the environmental firm responsible for the study
and his verbal acknowledgment of a favorable report to be written and submitted.
Mr. Hedden addressed the lack of a written report and his recommendation that
the written report be received and forwarded to Lenard Engineering prior to
final action by the Agency.
Mr. Johannesen agreed to the extension of the consideration of the application
to the September 6th meeting for the record to be completed.
Motion made by Mr. Kane, seconded by Mr. Fischer, to accept the request for
the extension of the decision on App#550 to the September 6th meeting and
to table any additional discussion until that time: unanimously approved.
NEW APPLICATIONS
App #551- Janet Tenney owner/Towne and Aurell Excavating applicant –
Petition for a declaratory ruling - Pond maintenance for restoration of fish
habitat – 319 Sharon Goshen Turnpike.
Based on the nature of the request,
Motion made by Mr. Hurlburt, seconded by Mr. Kane to determine that App#551
constitutes as a “use as of right” (according to Section 4.1 a);
unanimously approved.
Mr. Robert Pepler, friend of, speaker for and POA for Janet Tenney addressed
the deteriorated condition of the trout pond on the Tenney property and the
request to restore the pond according to the same rules and in the same fashion
as Mr. Tenney had done some 19 years ago. Mr. Pepler stated that the proposed
process to deepen and widen the pond would help restore the trout population.
Mr. Pepler stated that AJ Towne of Towne and Aurell, Inc. from Bantam had
been contracted to do the work.
A J Towne, principle of Towne and Aurell addressed the July 28th, 2011 correspondence
submitted for the record detailing the construction sequence and proposed
erosion and sedimentation control measures and addressed the consideration
of taking the spoils to the stump dump at the Town of Cornwall gravel bank
on Sharon Goshen Turnpike.
Commission member Roger Kane stated that he had asked by First Selectman Gordon
Ridgway to the look at the bridge accessing the Town gravel ban, stating that
while there was lots of room for the spoils, the deck of the existing bridge
was “shot”.
Mr. Towne addressed the reasoning for seeking an off-site area for the spoils,
stating that the deposition of the spoils on the property could harm the trees
on the site and would also be difficult in terms of access.
General discussion ensued as to the process of using the town gravel bank
for the deposition of the spoils with input from Mr. Towne that he was willing
to install steel plating over the bridge deck during the process and would
work with the town regarding insurance coverage and any claims or damage.
Mr. Kane agreed to interface with the town highway department and the Board
of Selectmen regarding the matter.
Based on the information presented; the Commission conditioned the “use
as of right” permit to include compliance with the July 28th correspondence
submitted, to notify the Land Use coordinator prior to the start of work and
to provide a 24 hour emergency telephone number.
App#552 – Julie Scott owner – Petition for a declaratory ruling for pond maintenance – 52 Cream Hill Road.
Mr. Tom Breakell, contractor and Goshen resident, was in attendance to represent
the application. Mr. Breakell stated that he and AJ Towne from Towne and Aurell
were working together to undertake the Scott project.
Mr. Towne submitted July 28, 2011 correspondence for the record detailing
the construction sequence and erosion and proposed sedimentation control measures
and addressed the consideration of taking the spoils to the stump dump at
the Town of Cornwall gravel bank on Sharon Goshen Turnpike in the same fashion
as proposed for the Tenney pond.
After discussion of alternative considered for the placement of the spoils
on the Scott property and the preference to take the spoils to the town gravel
bank in the same fashion as proposed for the Tenney application;
Motion made by Mr. Kane, seconded by Mr. Fischer, to determine that App#552
constitutes a “use as of right” (according to Section 4.1 a) with
conditions to include compliance with the July 28th , 2011 correspondence
submitted, to notify the Land Use coordinator prior to the start of work and
to provide a 24 hour emergency telephone number ; unanimously approved.
App#553 – Mohawk Mountain Ski Area Inc. applicant/owner – Petition
for a declaratory ruling for maintenance of existing drainage structures-
46 Great Hollow Road.
Mr. Hedden recused himself from discussion of the application.
Bart Clark, PE and principle from Oakwood Environmental, Warren CT, represented
the application. Mr. Clark addressed the plans provided to maintain and repair
existing drainage structures (Lodge and driveway culverts) as shown on mapping
submitted entitled “Mohawk Ski Area – septic system repair Great
Hollow Road, dated July 26, 2011. It was noted that the plans as provided
contained a written construction sequence and a soil erosion control and sediment
control narrative. With agreement that all concerns had been satisfied;
Motion made by Mr. Hurburt, seconded by Mr. Fischer to determine that App#552
constitutes a “use as of right” (according to Section 4.1 c) with
conditions to include compliance with the map submitted and to provide a 24
hour emergency telephone number ; unanimously approved.
Mr. Hedden returned to the proceedings.
App#554 – Town of Cornwall applicant/owner – reconstruction of
the bridge and piers over the gravel bank access road – off Route 128.
Based on the information supplied:
Motion made by Mr. Kane, seconded by Mr. Fischer, to determine that App#554
constitutes a use as of right (according to Section 4.1c); unanimously approved.
Mr. Kane recused himself to act as the representative for the town on the
application.
Mr. Kane addressed proposed plans to reconstruct the bridge deck on the existing
steel framed bridge in the access road to the town gravel bank, adding that
upgrades to materials and design were also being considered. With agreement
that the information supplied was appropriate for the reconstruction only
project, the Commission recommended that a more detailed construction sequence
be supplied. Based on the Commission’s understanding that Mr. Kane would
be overseeing the design plans, it was agreed that a more extensive re-construction
plan, if and when considered, would require a re-visit to the Commission for
consideration and approval.
Griswold Nelson advised the Commission of a visit from Sam Waterston earlier
that day regarding some agricultural activities being considered on the Waterston
Great Hollow Road property and the lack of time to prepare and submit an application
for consideration that evening. Mr. Kane stated that he had been on site with
Mr. Waterston that day to review the activities discussed and it was his opinion
that the activities including re-grading in the fields to consolidate swales
for potential pasture land as well as other maintenance activities were indeed
agricultural in nature and were best undertaken in the near future so as to
take advantage of dry weather.
With overall consensus that the applications considered and approved that
evening were time sensitive based on current and soon changing weather conditions,
it was agreed that the work proposed by Mr. Waterston, was similar in nature
and should be allowed. The Land Use office and Mr. Kane were to communicate
the Commission’s appreciation for his due diligence in notifying the
Commission and the Land Use office of the proposed activities
PENDING 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 set for public hearing 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 change.
INLAND WETLANDS OFFICER REPORT.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
ADJOURNMENT
Motion made by Mr. Hurlburt, seconded by Mr. Kane to adjourn at 8:55PM; unanimously
approved.
Respectfully submitted,
Karen Griswold Nelson