CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
NOVEMBER 17, 2011 SPECIAL MEETING - CORNWALL TOWN HALL
Present: Regular members D. Stevenson Hedden, Roger Kane, Celia Senzer and
William Hurlburt, Alternate members Andrew MacDavid and Doc Simont and Land
Use staff Karen Griswold Nelson.
Absent: Regular member Adam Fischer
Chairman Hedden called the meeting to order at 7:35 PM in the Cornwall Town Hall meeting room with a quorum established. Mr. MacDavid was seated for regular member Adam Fischer.
APPROVAL OF MINUTES: October 4th regular and October 6 special meeting minutes.
Motion made by Mr. Kane, seconded by Mr. MacDavid to approve the minutes of
the October regular and special meetings as presented: unanimously approved.
PENDING APPLICATIONS:
App#555 – Town of Cornwall applicant/owner – Emergency repair
of the bridge on Lower River Road over Mill Brook – Lower River Road.
Mr. Kane, Commission member and town representative overseeing the repair
and/ or reconstruction of the Lower River Road bridge, stated that the bridge
was open to all legal loads with the only work remaining to install new hand
rails. Mr. Kane addressed changes to the plans from originally approved including
recommendation from DEEP fisheries division representative Don Mysling to
use native stone rip-rap under and around the bridge and to create a deep
water pool and include other design features in the stream bed for fish habitat.
Mr. Kane stated that the placement of large native rocks around the bridge
had been compliments of abutting property owners Tim and Tony Locke. Mr. Kane
spoke for the collaborative efforts on the part of all persons and entities
involved to complete the project in record time.
No further action taken or required.
App#556 – Michael Trapp applicant/owner – restoration of banks
and repair to stone wall impacted by recent floods – 7 River Road.
Michael Trapp and Mary Dezenutis were in attendance to represent the application.
Griswold Nelson gave an overview of the status of the application, referencing
conversations with town engineering representative David Battista from Lenard
Engineering and project engineer for the applicant, Jason Dismukes in recent
days. Griswold Nelson stated that the plans necessary for the consideration
of the application, including the survey of the stream channel necessary for
the study of the hydrology and design of the streambed remediation had not
been completed and that it was the recommendation of all involved that any
work to be done, including the movement of rocks in the stream bed be considered
after the information from the survey and study had been compiled and submitted
to the Commission.
In response to Ms. Dezenutis’s requests that the maintenance work being
requested to move rocks within the stream bed could be approved by staff,
Griswold Nelson stated that any work in the stream bed was only within the
purview of the Commission to approve. Mr. Hedden affirmed the Commission’s
position as the entity responsible for the approval of the proposed activities
being discussed.
Griswold Nelson addressed email communications with DEEP fisheries division
representative Don Mysling that afternoon and arrangements confirmed for Mr.
Mysling to meet Commission members and all interested parties on site, at
8:30AM on Tuesday, November 29th.
Motion made by Mr. Hurlburt, seconded by Mr. MacDavid to table discussion
of App#556: unanimously approved.
App#557 – Kent Greenhouses applicant/Nick and Caroline Daifotis owners
– “Emergency” repair for damage to pond banks and stream
banks, reinforce stream banks (all damage due to recent storm events) –
55 Popple Swamp Road.
Griswold Nelson stated that the emergency repair as presented in the application
had been successfully completed. Note was made of Commission members Messrs.
Kane, MacDavid and Simont and staff member Griswold Nelson convening an October
6th “emergency” site visit at 55 Popple Swamp Road site after
the October 6th meeting at the Lower River Bridge during which time the details
of the application had been reviewed and approved. No further action taken.
NEW APPLICATIONS:
App#558 – Sam Waterston applicant/owner – Petition for a declaratory
ruling for the reconstruction of a bridge over Tanner Brook for access to
farm land – 106 Great Hollow Road.
Mapping entitled “Birds Eye and Tanner Brook Farms Bridge replacement
– 106 Great Hollow Road prepared by Oakwood Environmental Associates,
dated 11/02/2011, including a Soil Erosion and Sedimentation Control Narrative”
was made part of the record.
Bart Clark, PE and principle of Oakwood Environmental, was in attendance to
represent the application. Mr. Clark submitted November 15, 2011 correspondence
from abutting neighbor James Woodruff showing support for the “a.s.a.p.”
repair of the bridge, a bridge accessed by a shared driveway between Mr. Woodruff
and the Waterston’s.
Mr. Clark outlined the proposed replacement of the wooden bridge, stating
that the new 24foot wide bridge span would be wider than the original bridge
and supported by new cast concrete abutments. Mr. Clark addressed the laminated
decking material, the design for the gravity walls and wing walls, and other
design details, stating that the assessment needed by a structural engineer
for the approval of the wood deck bridge design was expected to be completed
within the week.
Motion made by Mr. Kane, seconded by Mr. Hurburt to determine that App#558
constitutes a “use as of right” according to Section 4 of the
Cornwall Inland & Watercourses regulations” with the condition that
the bridge design specifications approved by the structural engineer were
to be submitted to the Land Use office and available for review; unanimously
approved.
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.
INLAND WETLANDS OFFICER REPORT.
Griswold Nelson addressed the receipt of two new “Petition for Declaratory
Ruling” applications for emergency repair” applications and asked
that discussion of said applications be part of her report.
App#559 – George Charlton/applicant owner – Petition for a declaratory
ruling” for repair of storm damage- 251 Furnace Brook Road.
Mr. Charlton was not in attendance to represent the application.
Griswold Nelson stated that she had been on site to review the damage to the
Furnace Brook Bridge crossing to the Charlton residence. It was stated that
the work needed to repair the bridge crossing involved the replacement of
earth materials and concrete between the two bridge sections that had been
washed out by Tropical storm Irene. It was agreed that the work that Mr. Charlton
was proposing (not yet done) to do was basic maintenance and could be authorized
by staff. The application was to be listed on the next agenda.
App#560 – Wayde Wolfe applicant/owner – Petition for a declaratory
ruling” for repair of storm damage – 145 Popple Swamp Road.
Mr. Wolfe was in attendance to represent the application.
Griswold Nelson and commission member Doc Simont stated that they had both
on site to review the damage to the riverside property as shown in the photographs
and mapping supplied.
Mr. Wolfe addressed his wishes to add fill from a Cherry Hill Road site (Mag
Cooley’s parent’s house) to low spots on his property to correct
damage from flood waters during Tropical storm Irene. Mr. Wolfe stated that
he had access to equipment needed for the work and asked that he be allowed
to start immediately in light of imminent weather conditions.
It was agreed that the work that Mr. Wolfe was proposing to do could be addressed
by a “correct and restore” order from staff with the application
to be listed on the next agenda.
Motion made by Mr. Kane, seconded by Mrs. Senzer for staff to authorize a
Correct and Restore for App#560 so that Mr. Wolfe could proceed with the work;
unanimously approved.
Griswold Nelson addressed issues with the Town Street/Selendy property and work undertaken under the directive and with the approval of the property owner’s landscape architect, Dirk Sabin during marginally appropriate times. Griswold Nelson stated that she had contacted Mr. Sabin as to her concerns as to work near wetlands immediately before predicted heavy rain events and during times of high water table conditions due to storm events and his findings that the timing of the work being done was appropriate. Griswold Nelson addressed her understanding that other work including a possible well being drilled was being considered and that it was her recommendation that the approval be re-visited. It was agreed that Mr. Sabin would be directed to attend a future wetlands meeting to address the condition of the site and the status of work done and a time frame for the balance of the work to be completed.
Griswold Nelson stated that the DEEP dam safety division had been contacted regarding the Commission’s concerns regarding the lack of maintenance work being done on the Popple Swamp Road/Yancopoulus property.
Mrs. Senzer asked that one of her last wishes, that the beaver dam on Cogswell Road not be knocked down, be made part of the record.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
Commission members Doc Simont and Celia Senzer advised the Commission that
they were not seeking re-appointment to the Commission.
With concerns as to “who will correct Karen’s typo’s if we don’t have Doc” and “who will protect the birds, butterflies and beavers if we don’t have Celia”, the Commission asked that the minutes reflect its appreciation to both Doc Simont and Celia Senzer for their many years of faithful service to the Cornwall Inland Wetlands and Watercourse Agency (as completely spelled out for Celia) and the Town of Cornwall at large.
OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
A. Wetlands Agency application revisions based on compliance with new regulations.
Copies of new application forms for both “Regulated Activities”
and Petitions for Declaratory Rulings, both corrected to reflect the language
of the newly amended regulations were made part of the record.
B. Meeting dates for year 2012.
Motion made by Mr. Hurburt, seconded by Mr. Kane, to approve the meeting dates
of Tuesday January 3rd, February 7th , March 6th, April 3rd, May 1st, June
5th, July 3rd, August 7th, , September 4th, October 2nd,, November 6th,, and
December 4th, all meetings to held in Cornwall Town Hall (and/or the Town
Offices) commencing at 7:30PM
ADJOURNMENT
Motion made by Mr. Hurlburt, seconded by Mr. Kane to adjourn at 8:45PM; unanimously
approved.
Respectfully submitted,
Karen Griswold Nelson