CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
JUNE 1, 2010 REGULAR MEETING - CORNWALL TOWN HALL
Present: Regular members D. Stevenson Hedden, Celia Senzer Alternate members Doc Simont and Andrew MacDavid and Land use staff Karen Griswold Nelson.
Absent: Regular members Adam Fischer, Roger Kane and William Hurlburt.
Chairman Hedden called the meeting to order at 7:32 PM in the Cornwall Town Hall with a quorum established. Mr. Simont was seated for William Hurlburt and Mr. MacDavid seated for Roger Kane.
APPROVAL OF MINUTES: May regular meeting.
Motion made by Mr. Simont, seconded by Mr. MacDavid, to approve the minutes of the May meeting with the correction of “reporting an excavator on the 54 Bradford Road site” to “reporting a backhoe on the 54 Bradford Road site” page 2; unanimously approved.
PENDING APPLICATIONS:
App #535- Roxanna & Ledlie Laughlin owner/Lenz Electric applicant – Installation of a micro hydro system within a stream – Fox Road/Ford Hill Road. (Application accepted at the April special meeting)
Faxed correspondence from applicant Mark Lenz from Lenz Electric dated June 1, 2010 requesting a 35 day extension for consideration of the application was made part of the record.
Motion made by Mrs. Senzer, seconded by Mr. Simont, to grant the 35 day extension for App# 535 as requested by the applicant: unanimously approved.
App #536 – Vivian H. Ditisheim and David Dwy applicant/owners – Petition for a declaratory ruling for maintenance of drainage ditches and restoration of pond – 20 Jewel Street (Application accepted at the May regular meeting)
Co-owner applicant/David Dwy and contractor/excavator Gary Ocain were in attendance to represent the application.
Additional information including mapping, soils information and a construction sequence was submitted for the record.
The commission discussed the process proposed to restore the pond and drainage ditches to its previous state in terms of size and natural features (open water) as shown in the photographs made part of the file. Questions were raised as to the amount of and deposition of the excavated material from the pond and drainage ditches, the timing of the process, and the location of the pond as relating to the abutting property. It was agreed that restoration of the existing waterway, as shown on the mapping provided, would involve work partly on the abutting property owned by Lee Moore and Leslie Middlebrook. Mr. Dwy was instructed to have the abutting neighbors apply for a permit for the same activities as being requested in order for the process to move forward.
With agreement that the activities being proposed constituted maintenance of residential property:
Motion made by Mrs. Senzer, seconded by Mr. Simont, that the Commission has determined that App #536 – Vivian H. Ditisheim and David Dwy applicant/owners – Petition for a declaratory ruling for maintenance of drainage ditches and restoration of pond – 20 Jewel Street, as per the oral and written record of the file including photographs and a written construction sequence, constitutes a“Use as of right” according to Section 4.2 for maintenance of residential property.
As part of the determination, the Commission stated that no work could be untaken without the submission and approval of a similar application from the abutting property owner and that the Inland Wetlands Enforcement Officer was to be notified prior to the start of any construction activities on the site. Motion unanimously approved.
App #537- John and Catherine McMahon – Demolition of an existing residence (within 8 feet of wetlands soils) and construction of a new residence within 24 feet of wetlands soils – 246 College Street. Application accepted at the May regular meeting.
Dennis McMorrow, PE and principle of Berkshire Engineering, was in attendance to represent the application.
Mr. McMorrow re-addressed the plans in general, clarifying that the plans called for the replacement of the septic tank, not the entire system as stated in the minutes of the May meeting. Mr. McMorrow listed the regulated activities as the removal and replacement of the existing home and septic tank, grading, and installation of silt fence. Mr. McMorrow stated that the wetlands were already staked out on the site and the Torrington Area Health approval was pending. With agreement that all concerns and questions had been answered:
Motion made by Mr. Simont, seconded by Mrs. Senzer, to approve App #537- John and Catherine McMahon for regulated non-significant activities including the demolition of an existing residence (within 8 feet of wetlands soils) and construction of a new residence within 24 feet of wetlands soils, replacement of a septic tank and other associated construction activities at 246 College Street as per the oral and written testimony of the applicant and their representative and as per site plan entitled “Site Plan and B100- a Plan prepared for Cathy McMahon, 246 College Street” dated 4/13/2010 by Berkshire Engineering” with supporting information including a construction sequence and erosion and sedimentation control plan
As part of the approval, the Inland wetland Enforcement Officer was to be notified prior to the start of any construction activities on the site. Motion unanimously approved
NEW APPLICATIONS:
Modification to App #499/Ben Nickoll owner and App 513 – Sunset View LLC applicant/owner – Furnace Brook Farm – 344 Furnace Brook Road for changes to the pond design and drainage as shown in the plans made part of the applications.
Bart Clark, PE and principle of Oakwood Engineering and Stuart Tracy, president of TRACS and site contractor were in attendance to address the request for modification.
Site plan entitled “Sunset View LLC- Furnace Brook Farm, dated 4/27/07 revised to 5/27/2010 prepared by Oakwood Environmental Consultants” with correspondence addressed to Karen Nelson, dated may 27, 2010 was made part of the record.
Mr. Clark, noting that work was currently being done on phase 4 and 5 of the project with some remaining work being done on the toe of the fill slope (phase 1), addressed the clean up work in the hedgerow around the pond and the realization during that work of the need to make modifications to the spillway and surrounding area so to better address Stormwater management. Mr. Clark stated that the modification being requested would change and lower the elevation of the spillway of the lower sediment basin by one &1/2 feet, would allow the removal of several dead trees and would allow the addition of rip-rap swale to make use of and re-direct the water coming down the hill into the lower basin. Mr. Clark stated that the improvements would also result in the water being fresher in the pond. In response to questions from Mr. Simont as to the modifications resulting in the reduction of water capacity in the pond, Mr. Clark stated that the change would result in water going over the spillway sooner, noting that the pond only provided marginal detention to handle peak flows.
Mr. Clark addressed the consideration of a reduction in the $30,000 cash bond being held on the project to $15,000 with agreement from staff, based on site visits and observations of the balance of the work remaining to be done and the stability of the site, that the bond could be reduced by half.
Motion made by Mrs. Senzer, seconded by Mr. MacDavid to grant the request for modifications to the App #499 and App 513 – Sunset View LLC/Ben Nickoll owner – Furnace Brook Farm – 344 Furnace Brook Road as per the plans provided and the oral and written testimony of the applicant’s representative; unanimously approved.
Motion made by Mr. Simont, seconded by Mrs. Senzer, to approve the reduction of the bond to $15,000 as per the request of the property owner Ben Nickoll/Sunset View Farms LLC for App #499 and App 513 – Sunset View LLC/Ben Nickoll owner – Furnace Brook Farm – 344 Furnace Brook Road as the site engineer and contractor, Mr.’s Clark and Tracy, had done everything that the agency has asked and directed them to do: motion unanimously approved.
Modification to App #530- David Strettell and Annie Christensen applicants/owners originally approved for activities within 100 feet of a watercourse for the demolition and rebuilding of a single family residence – 55 Warren Hill Road for deposition of material within 100 feet of a watercourse.
Timothy Egan, builder/general contractor for the project was in attendance to represent the request for the modification. Mr. Egan addressed work done over the winter months that resulted in some excess gravel, cement debris and rock left on the site. Mr. Egan stated that many tri-axles of material had already been removed but was seeking permission to use the balance on site to fill and do some grading within 100 feet of the brook. Mr. Egan was instructed to flag those areas that he wished to deposit the fill.
Motion Mr. Simont, seconded by Mrs. Senzer, to table further discussion on the modification to the July regularly scheduled meeting. (To be listed under “Pending applications”); unanimously approved
PENDING ENFORCEMENT ACTIONS.
SHOW CAUSE HEARING: SHOW CAUSE HEARIING
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.
Mr. Bruce Bennett, representative for the VanDoren’s was in attendance to address the matter. Mr. Bennett addressed the application complete with a report from soil scientist Cynthia Rabinowitz and mapping submitted that day. The file of the previous enforcement action including mapping for the property division was made part of the record of the application by staff. Mr. Bennett addressed work done on the site to install erosion and sedimentation controls to correct and stabilize designated areas of the site in accordance with the Cease and Correct order including hay bales along the brook, seeding in disturbed areas and silt fence. Discussion ensued as to the plans for stabilization and corrective measures in and around Bradford Brook, the deposition of soil and excavated debris, the actual activities that had occurred on the site in the recent and not so recent past and any other additional information that might be needed as part of the application.
Motion made by Mr. Simont, seconded by Mrs. Senzer to uphold the Notice of Violation/Cease and Correct as issued and amended at the May 2010 meeting: unanimously approved.
Motion made by Mr. Simont, seconded by Mrs. Senzer, to amend the agenda to add and accept Application #538 – Adam Van Doren owner/Bruce Bennett applicant for activities to “as stated on the application” to remove debris between the house and road side meadow; unanimously approved.
Motion made by Mr. Simont, seconded by Mrs. Senzer to table further discussion on App #538 – Adam Van Doren owner/Bruce Bennett applicant for activities to “as stated on the application” to remove debris between the house and road side meadow to the July regularly scheduled meeting. (To be listed under “Pending applications”); unanimously approved
Mr. Bennett was directed to have soil scientist Rabinowitz prepare a plan for remediation of the brook.
INLAND WETLANDS OFFICER REPORT.
Ms. Griswold Nelson reported activities on Cream Hill Road on the McGuire property to make modifications to the driveway in an area that appeared to have drainage and/or wet areas and collaboration with the public works department to address the situation based on the location of the work being done in the town right of way.
Issues were raised as to the appearance of work being done on Flat Rocks Road near the Arthur Schor spillway. The matter was to be followed up by the Land Use office.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
Review of correspondence regarding an application being filed with the Connecticut Siting Council for a proposed telecommunications facility at 16 Bell Road Extension.
The commission addressed correspondence prepared by the Board of Selectmen regarding the proposed Bell Road Extension telecommunication facility, correspondence that included an attached copy of September 10, 2009 correspondence to Ms. Sandy Carter, regulatory Manager of Verizon Wireless from the Inland wetlands agency. It was agreed that the concerns regarding the gravel road remained the same and that there was no need to make additional comment or take further action at this time.
ADJOURNMENT
Motion made by Mr. Simont, seconded by Mr. MacDavid to adjourn at 9:15Pm; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson