CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
MAY 4, 2010 REGULAR MEETING - CORNWALL TOWN OFFICE
Present: Regular members D. Stevenson Hedden, Roger Kane, Alternate members Doc Simont and Andrew MacDavid and Land use staff Karen Griswold Nelson.
Absent: Regular members Adam Fischer, Celia Senzer and William Hurlburt.
Chairman Hedden called the meeting to order at 7:35 PM in the Cornwall Town Offices with a quorum established. Mr. Simont was seated for Celia Senzer and Mr. MacDavid seated for William Hurlburt.
APPROVAL OF MINUTES: April regular and special minutes.
Motion made by Mr. Kane, seconded by Mr. MacDavid to approve the minutes of the April regular meeting as presented: 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)
No one was in attendance to represent the application.
Motion made by Mr. Simont, seconded by Mr. Kane to table discussion on App #535- Roxanna & Ledlie Laughlin owner/Lenz Electric applicant – Installation of a micro hydro system within a stream – Fox Road/Ford Hill Road until the arrival of the applicants or to the June regularly scheduled meeting. (To be listed under “Pending applications”); unanimously approved.
NEW APPLICATIONS:
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.
Mr. Dwy was in attendance to represent the application. Mr. Dwy submitted photographs of the site, stating that the site, formerly owned by Frank Bailey, fronted on Jewel Street and extended all the way to Bolton Hill Road. Discussion ensued as to the drainage on the site, including the pipe that went all the way to Bolton Hill Road, the natural progression of the pond in the past years especially since the 1989 tornado to fill in and the request being submitted to maintain the site and restore the site to more of its original state, including the restoration of the pond. With agreement that the project being considered was maintenance in nature but major in scope, Mr. Dwy was advised to get additional information as to the amount of material to be removed to restore the pond, the method of removing the material, the treatment and placement of the excavated material and the amount of the backyard expected to be restored. It was noted that the project involving grading around the foundation was basically complete.
Motion made by Mr. Simont, seconded by Mr. MacDavid to accept 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 and to table further discussion to the June regularly scheduled meeting. (To be listed under “Pending applications”); 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.
Mapping made part of the application: “Site Plan and B100- a Plan prepared for Cathy McMahon, 246 College Street” dated 4/13/2010 by Berkshire Engineering with supporting information
Dennis McMorrow, PE and principle of Berkshire Engineering, was in attendance to represent the application. Mr. McMorrow addressed the site in general, stating that the site was a 90 acre parcel on the north side of Candy Land Farms LLC with an existing 2 bedroom house in a state of disrepair and located as shown on the maps provided. Noting that the wetlands on the site had been investigated and field delineated, Mr. McMorrow stated that the septic system servicing the residence was surrounded by wetlands soils. Mr. McMorrow addressed the proposal to demolish the existing residence and replace the residence with a new relocated “guest house” residence in a more conforming fashion, remove the existing septic system and replace with a new code compliant system with a wetlands crossing and create a modest driveway for access. Mr. McMorrow stated that the regulated activities included activities relating to the removal of the existing residence and septic system, the placement of footing drains and culvert replacement for the driveway. Mr. Simont raised concerns regarding the location of the reserve septic system and any permit granted as per the plans submitted showing approval for the wetlands crossing needed to access and use the reserve area.
Motion made by Mr. Kane seconded by Mr. Simont to accept App #537- John and Catherine McMahon – Regulated activities involved in the demolition of an existing residence and construction of a new residence, the installation of a driveway and septic system - 246 College Street and to table further discussion to the June regularly scheduled meeting. (To be listed under “Pending applications”); unanimously approved.
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.
The entire proceedings were recorded on audio tape and are available in Cornwall Town Hall.
Information made part of the record:
April 29, 2010 Notice of Violation/Cease and Correct and April 30, 2010 Show Cause Hearing
Photographs taken by Land Use officer on April 22nd and May 4, 2010.
Land Use records for previous violations and permitting – 54 Bradford Road.
Adam and Charlotte VanDoren property owners, Mira and John VanDoren abutting property owners, and Bruce Bennett, owner of Kent Greenhouses were in attendance to address the matter.
Ms. Griswold Nelson addressed the scenario of events leaving to the enforcement action, referencing a phone call from William Hurlburt on April 22nd reporting an excavator on the 54 Bradford Road site undertaking activities within wetlands soils. Noting that she had been on the site that afternoon, after the excavator had been removed from the site, Griswold Nelson referenced photographs taken showing the excavation and disturbance of wetlands soils, activities on the banks of and possibly in the brook on the site and the appearance of materials deposited within wetlands soils. Referencing photographs taken that day, Griswold Nelson stated that while silt fence had been installed, there was need for additional erosion and sedimentation controls measures on the disturbed banks of the brook. Note was made of the enforcement order mandating the installation of erosion and sedimentation control measures under the supervision of the IWEO or a commission representative and no receipt of phone calls to the office prior to the installation of the silt fence on the site. Discussion ensued as to the extent of the work undertaken in regulated areas, the previous plans approved for restoration of the wetlands in the now newly disturbed areas, and the appearance of fill within wetland soils and of equipment in the brook.
Based on the issues raised by both commission members and IWEO Griswold Nelson, it was agreed that the property owners were to have the entire area field investigated and flagged for wetlands soils by a professional soil scientist, to work with the IWEO to have proper erosion and sedimentation controls installed on the site, and to submit an application for after-the-fact-activities and a restoration plan.
Mr. Bennett stated that he would be acting as the contact person and representative for the property owners with the IWEO with agreement to meet on site later that week to assess the situation.
Motion made by Mr. Simont, seconded by Mr. Kane to UPHOLD the 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 with the modification that additional erosion and sedimentation control measures be installed as per the agreement between the owners’ representatives, Mr. Bennett and the IWEO; unanimously approved.
INLAND WETLANDS OFFICER REPORT.
Griswold Nelson advised the commission that work had commenced on Furnace Brook Farms and that the Harry DePolo Dibble Hill Road site was nearing completion.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
ADJOURNMENT
Motion by action of the chairman to adjourn at 8:35PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson