CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
JANUARY 4, 2011 SPECIAL MEETING - CORNWALL TOWN HALL

Present: Regular members, D. Stevenson Hedden, Roger Kane, Celia Senzer, Alternate members Doc Simont and Andrew MacDavid and Land use staff Karen Griswold Nelson.
Absent: Regular members Adam Fischer and William Hurlburt

Chairman Hedden called the meeting to order at 7:35 PM in the Cornwall Town Hall with a quorum established. Mr. MacDavid was seated for regular member Adam Fischer and Mr. Simont seated for regular member Bill Hurburt.

APPROVAL OF MINUTES: November regular meeting.
Motion made by Mr. Kane, seconded by Mr. Simont to approve the minutes of the November meeting as presented: unanimously approved.

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.
Photographs of the site, taken by Land Use staff, showing late fall site conditions and the field flagging of existing and new plantings and November 30, 2010 email correspondence from Kent Greenhouses was made part of 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 re-planting of 53 native species to replace those plants that had not thrived from the initial remediation plan (as addressed in the November 30th correspondence referenced) and the re-grading, restoration and re-planting of the river bank. In response to questions, Mr. Bennett stated that the plantings, including conservation size trees and native plants, along the sides of the clearing, as opposed in the center, would serve to create a canopy along the sides of the clearing, adding that plants had been sprayed for deer.
Mr. Hedden addressed his wishes to see the Cease and Correct in place until the Commission saw the “fruits of Bruce’s (Mr. Bennett) labor”, adding his wishes to have the order stay in place until a full canopy was restored and back to the way it was before. In response to Mr. Bennett’s requests to weed whack in the spring/summer, Mr. Hedden recommended that Mr. Bennett come back in June with the request.
Commission consensus was to support Mr. Hedden’s recommendations that the Cease and Correct (Agenda item under Pending Enforcement Actions) stay in place until formal action by the commission to modify and/or lift.

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 November meeting.
January 4, 2011 correspondence from the Land Use office to Mr. Hart, requesting the submission of review fees and application fees, as well as addressing the submission of a undated check for the wetlands application at hand was read into the record. With agreement based on the date of the check, the application was complete as of January 4, 2011
Motion made by Mr. Simont, seconded by Mr. Kane, to accept App#544 as of January 4, 2011: unanimously approved.
Motion made by Mr. Simont, seconded by Mr. MacDavid, to table discussion of App#544 until the February regularly scheduled meeting: unanimously approved. . (To be listed under “Pending applications”)

NEW APPLICATIONS:
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.
No one was in attendance to represent the application.
Motion made by Mr. Simont, seconded by Mrs. Senzer, to accept App #545; unanimously approved.
Motion made by Mr. Simont, seconded by Mr. MacDavid to table discussion of App #545 until the February regularly scheduled meeting.; unanimously approved. (To be listed under “Pending applications”)

App #546 – Cornwall Housing Corporation applicant/owner – Construction of a ten unit elderly affordable housing project – report required as part a Special Permit application to the P&Z Commission – no disturbance within wetlands soils – Kent Road.
Maps entitled “Proposed site plan – elderly housing project – Kent Road (Route 7) prepared by Brian Neff, dated 12/10/2010 revised to 1/3/2011” and “Soil erosion and sediment control plan – elderly housing project – Kent Road (Route 7) prepared by Brian Neff, dated 12/30/2010) were made part of the record.
Brian Neff, PE with an office in Roxbury, CT and representative for the Cornwall Housing Corporation was in attendance to represent the application. Mr. Neff gave an overview of the project site, stating that the site contained wetlands soils, that the application proposed some grading within 50 feet of wetlands soils, and that the wetlands soils were up gradient from the proposed activities. Mr. Neff, pointing out the proposed E&S controls as shown on the plans supplied on the lower part of the site, stated that none were proposed on the upside due to the elevation. Mr. Neff stated that the plans as prepared proposed no additional drainage to the wetlands, reiterating that the plans proposed no activities within wetlands soils.
There was discussion as to the design of the building as shown being set into the embankment, the location and design of the storm water and roof drains, the storm water infiltration system and the connections to the state highway drainage. Mr. Kane asked that design features shown regarding the connection to the state highway drainage system be re-visited.
Motion made by Mr. Kane, seconded by Mr. MacDavid, to accept App #546 and to table further discussion until the February regularly scheduled meeting; unanimously approved. (To be listed under “Pending applications”);

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.

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
November 24, 2010 correspondence from the Land Use office was made part of the record.
Griswold Nelson gave an overview of the events leading up to and after the issuance of the Correct and Restore order, noting conversations with Palmer Construction, the property owner and the property owner’s caretaker regarding the proper and timely resolution of the matter. With note made that it appeared that the corrective work undertaken by the caretaker had resolved the situation (water over the town road and onto abutting properties) for the time being, it was noted that maintenance would be needed on both a regular and “as-needed-now” basis to keep the situation in check. It was suggested that the caretaker’s number be given to the Land Use office in the case of an emergency situation but that should the situation worsen, the Inland Wetlands Commission could request that the Town go in to correct the situation based on the dangers posed to persons using Popple Swamp Road.

INLAND WETLANDS OFFICER REPORT.

CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
1. November 5, 2010 correspondence from the State of CT. DEP to David and Hanna Grossman, Flat Rocks Road regarding Lincoln Pond Dam – 3rd request for maintenance work.
The correspondence was reviewed with agreement that the matter was between the Grossman’s and the DEP but that any activities under the jurisdiction of Commission would require that permits be submitted to the Commission for review and approval.

OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
1. Set meeting dates for year 2011.
Motion made by Mrs. Senzer, seconded by Mr. Simont to accept the meeting dates for the year 2011 as the 1st Tuesday of the month, January 4, February 1, March 1, April 5, May 3, June 7, July 5, August 2, September 6, October 4, November 1 and December 6, meetings to commence at 7:30PM in Cornwall Town Hall; unanimously approved.

ADJOURNMENT
Motion made by Mr. Kane, seconded by Mr. Simont, to adjourn at 8:20PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson