MINUTES OF THE
OCTOBER 5, 2010 REGULAR MEETING - CORNWALL TOWN HALL
Present: Regular members, D. Stevenson Hedden, Adam Fischer, William Hurlburt, Roger Kane, Alternate members Doc Simont and Andrew MacDavid and Land use staff Karen Griswold Nelson.
Absent: Regular member Celia Senzer
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 Celia Senzer.
APPROVAL OF MINUTES: September regular meeting
Motion Mr. Hurlburt, second Mr. Kane to approve the minutes of the September
meeting as amended to read, secretary Roger Kane not Vice chairman Roger Kane
called the meeting to order, top of page 1 Selendy not Selenday on the bottom
of page 1, and showed water 18” (inches) not 18’ (feet) below
grade, page 2; 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. Accepted at the August meeting.
Mr. Bruce Bennett, representative for the VanDoren’s was in attendance
to address the application.
Mr. Bennett addressed the application at hand with input from Commission members
as to observations in the field during the 54 Bradford Road site walk special
meeting preceding the regular meeting that evening. Mr. Bennett addressed
the previously submitted site plan prepared showing remediation and mitigation
along the stream bank, including plantings in areas of non-wetlands soils.
Questions were posed by Mr. Hedden to the Agency as to whether the Agency
had jurisdiction in and/or wished to require plantings as mitigation activities
in non-wetlands soils. Mr. Bennett addressed plants to be used along the bank
for bank stability, noting that to properly reconfigure the bank to the 2
to 1 grading proposed would require track equipment to pull soil back and
recast it in upland areas, resulting in the need for stabilization and re-vegetation
in some fashion. Mr. Bennett stated that the process, with or without the
plantings proposed in the upland areas, would require tracking equipment to
cross areas of wetlands soils. The overall site was discussed in terms of
remediation for the current violations with discussion as to the previous
remediation plan (App #456 – 2006) also approved in response to violations.
Mr. Bennett stated that while the original planting plan had been implemented
according to the plans previously approved, the planting of smaller plants
was not winning the battle with deer, adding that the planting of 2”
plus caliper trees might help the process. After discussion, it was agreed
that the plans for the mitigation of the bank in the current application could
move forward for permitting with the condition that a construction sequence
for crossing the wetlands be supplied to the Land Use Office and that the
permitting for the remediation in the previously remediated area be re-opened.
Motion made by Mr. Fischer, seconded by Mr. Kane to approve App #542 relating
to the bank remediation according to mapping submitted entitled “Site
Plan (prepared for Adam VanDoren – 54 Bradford Road) dated August 4”,
2010” “Sedimentation Erosion Control Plan – dated August
4, 2010” and “Mitigation Plan - dated August 26, 2010” all
prepared by CCA LLC with the following conditions:
1. The Land Use Office be authorized to review the construction sequence
for the wetlands crossings and,
2. The mitigation of the stream bank and proposed planting be implemented
from the top of the slope, on the 466 line to the stream edge.
Motion unanimously approved.
Mr. Bennett was directed to review the previous remediation plan approve d
(App #456), assess the area for plants that are remaining and gone, and present
new plans to the Commission for their review. Mr. Hurlburt recommended that
consideration be given to the re-establishment of swamp vegetation and that
if possible, recommended plantings are kept native and original to the site
as opposed to reasons relating to the beautification of the site.
App #543 – Mr. and Mrs. Philippe Selendy owner- Dirk W. Sabin –
agent for the property owners – Construction of a .16 acre pond for
farm and recreational purposes – 147 Town Street. Accepted at the September
meeting.
Dirk W. Sabin, landscape architect and environmental planner and representative
for the Selendy’s was in attendance to address the application. Mr.
Sabin submitted plans entitled “Property/Boundary survey – Map
prepared for Philippe Selendy and Jennifer M. Hooper, 147 Town Street, dated
October 10, 2010” for the record.
Discussion ensued as to the area of the deed restriction shown on the new
mapping supplied and its areas of overlap with the proposed activities with
agreement that a new map with the pond and the deed restricted area shown
together be supplied as part of any approval. In response to questions, Mr.
Sabin outlined that the spoils from the excavated pond, estimated to be between
800 and 1,000 cubic yards would be placed and de-watered on the site with
approximately 250 cubic yards to be trucked off site and the balance placed
in the upland meadow. Mr. Sabin outlined the procedure for the pond construction,
as shown on the plans including plans for pumping of water and dewatering
of the area of the pond. In response to questions regarding timing, Mr. Sabin
stated that a late October start was preferred. With agreement that concerns
had been addressed and appropriate conditions discussed and agreed upon
Motion made by Mr. Hurburt, seconded by Mr. Kane to approve App #543 as per
the oral and written testimony of the applicant and the plans provided with
the following conditions:
1. The Land Use Office will be informed of the person responsible for erosion
and sedimentation controls before the start of construction.
2. New mapping will be provided showing the pond location with the areas of
the deed restriction.
Motion unanimously approved.
NEW APPLICATIONS: None.
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 action taken to lift or amend - Notice
of Violation/Cease and Correct as issued and amended at the May 2010 to remain
in place.
INLAND WETLANDS OFFICER REPORT.
CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
The Agency re-addressed the Opgaard bond issue discussed at the September
meeting with direction given to Griswold Nelson,
Motion made by Mr. Hurlburt, seconded by Mr. Fischer to have Attorney Perley
Grimes address the issue of the dispersal of bonds and the right, if any,
of other Land Use boards or the Town having access to the bond money for other
purposes than originally designated: unanimously approved.
ADJOURNMENT
Motion made by Mr. Fischer, seconded by Mr. Hurlburt to adjourn at 8:50PM;
unanimously approved.
Respectfully submitted
Karen Griswold Nelson