CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
SEPTEMBER 6, 2011 REGULAR MEETING - CORNWALL TOWN HALL

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

PUBLIC HEARING:
Amendments to the Cornwall Inland Wetlands & Watercourse Regulations to bring the current regulations into statutory compliance, reformat to the recommended DEP model regulations, establish a 150 foot upland review area, add language for Low Impact Development practices, and to establish standards for “use as of right” applications.
The entire proceedings were recorded on audio tape and are available in Town Hall.
Chairman Hedden called the meeting to order and opened the public hearing at 7:37 PM in the Cornwall Town Hall with a quorum established.
Information made part of the record:
Proposed draft regulations as prepared and put forth by the Agency for consideration.
Legal notice as published in the Waterbury Republican on August 26th and September 2, 2011 with note made that copies of the proposed draft regulations were available for review in the Town Clerk’s Office and the Land use office and a notice of the meeting posted on the Town web site.
Copies of the draft regulations as forwarded to the Department of Environmental Protection on July 21, 2011 in compliance with the statutory requirement that such draft regulations be sent 35 days prior to the opening of the public hearing.
August 4, 2011 correspondence from the DEEP acknowledging receipt of the regulations

In addition, it was stated that the following information on file in the Land Use was used in the preparation of the regulations and was being made part of the record of the hearing:
Inland Wetlands and Watercourses Model Municipal Regulations – Fourth edition – May 1, 2006
State of Connecticut Department of Environmental Protection June 30, 1997 correspondence from Charles E. Berger, Director, Inland Wetlands Water Resources Division to Municipal Inland Wetlands Agencies regarding a guide to the “upland review area”.
Copies of Cornwall Inland wetlands and Watercourse agency bylaws as enacted in 1975.
Excerpts from the empowering statutes - Sec 22a-36 – 42.
Copies of Section 1-1q of the State statutes – definition of agriculture and farming.
Correspondence from Lenard Engineering to the Town of Colebrook Land Use review Committee as part of a Farmington River grant for the incorporation of Low Impact development language into land use regulations.
The floor was opened to the Commission for comment and questions.
Doc Simont addressed the nature of the changes, stating that the changes to regulations that had not been updated since the 1970’s were major in scope. Mr. Simont, noting the difficulty of trying to adjust the current regulations to the model regulations, stated that the regulations as prepared were in general conformance with the model regulations recommended by the DEP.
Celia Senzer raised question regarding some of the verbiage and addressed some typographical and clerical corrections, with the agreement that the changes were not substantial in nature and would not require re-noticing the public hearing.
Hearing no comments from the public raising objections to the regulations as prepared and with comments only relating to the time and energy needed in the process of revising the regulations, Mr. Hedden acknowledged and commended the Commission on the time and work spent on the preparation of the draft regulations.
Motion by action of the chairman to close the public hearing at 7:45PM.
The regular meeting was opened at 7:45PM. Regular members seated: D. Stevenson Hedden, Celia Senzer and William Hurlburt and alternate members Doc Simont seated for Roger Kane and Andrew MacDavid seated for Adam Fischer.

APPROVAL OF MINUTES: August regular meeting minutes.
Motion made by Mr. Hurburt, seconded by Mr. MacDavid, to approve the minutes of the August regular meeting with the correction of the second listing of the Hart application and the change from Julie to Julia Scott owner on App #552; unanimously approved.

PENDING APPLICATIONS:
App #550 – 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.
A draft motion prepared by staff was made part of the record.
Staff stated that documents submitted to the Land Use office for the August 9th Planning and Zoning meeting by the applicant’s representative had been made part of the record and were referenced in the motion. With agreement that all of the information requested by the Commission had been submitted and properly reviewed:
Motion made by Mr. Hurlburt, seconded by Mr. Hurlburt to put the draft motion for App#550 as prepared on the table for discussion.
As stated, to approve App #550 – 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 as per Revised plans entitled, “Existing Overall Site Plan”, “Proposed Overall Site Plan”, “Existing and Proposed Drainage Areas “, all maps prepared for Stephen Hart, Lot 1 Railroad Street, revised in part through August 2011 and supporting information, including a Drainage Report prepared by Allied Engineering revised to June 6, 2011, August 2, 2011 correspondence from Torrington Area Health and the revision to driveway grading in relationship to the well with a modification to sheet C-2 (revised to July 29, 2011), August 2, 2011 correspondence from the Housatonic Railroad, August 2, 2011 correspondence prepared by Allied Engineering including a proposed sequence of events and anticipated engineer inspection, proposed incremental bond release, proposed maintenance bond, and driveway construction estimate, July 29, 2011 infiltration analysis report prepared by Allied Engineering, August 9, 2011 correspondence from First Selectman Gordon Ridgway and submitted information regarding the amended turning radius of the upper driveway area for emergency vehicle access and an August 3, 2011 global stability analysis prepared by GeoDesign Inc. of Middlebury Connecticut, stating in summation, “the slope will be stable”
With the following conditions:
1. A cash bond, in a form and amount acceptable to the Land Use Office and the Town of Cornwall consulting engineer shall be submitted to the town for all site improvements, including storm water management system, the driveway, the septic and building site area including the retaining walls, prior to the start of any site construction. It is understood that the bond can and will be released in phases contingent upon the submission and approval by the Land Use office and the Town of Cornwall consulting engineer of certificates of completion by the property owner’s consulting engineer and as referenced in the “proposed incremental bond release” as referenced above.
2. A cash bond, in a form and amount acceptable to the Land Use Office and the Town of Cornwall consulting engineer shall be submitted to the town for erosion and sedimentation control measures. It is understood that the bond can and will be released in phases contingent upon the submission and approval by the Land Use office and the Town of Cornwall consulting engineer of certificates of completion by the property owner’s consulting engineer.
3. A maintenance bond shall be posted as per the “proposed maintenance bond” as referenced above.
4. The property owner/applicant’s consulting engineer shall be responsible for on-site supervision during all phases of construction as specified in the “proposed sequence of events and anticipated engineer inspection” as referenced above.
5. Any changes to the plans, including changes to the location of the septic system, home or driveway corridor, will require the re-submission of stamped engineered plans to the Inland Wetlands agency for review and approval.
After discussion and the addition of condition 6
6. A change in the project engineer will require the submission of stamped engineered plans by the new project engineer and subject to review and approval by the Inland Wetlands agency.
Motion, by unanimous vote to approve as amended.
Amendments to the Cornwall Inland Wetlands & Watercourse Regulations bring the current regulations into statutory compliance, reformat to the recommended DEP model regulations, establish a 150 foot upland review area, add language for Low Impact Development practices, and to establish standards for “use as of right” applications.
After discussion and with agreement that typographical and clerical corrections addressed by Mrs. Senzer would be corrected by staff,
Motion made by Mr. Simont, seconded by Mr. Hurlburt, to approve the Amendments to the Cornwall Inland Wetlands & Watercourse regulations as presented with the exception of typographical and clerical corrections addressed by Mrs. Senzer corrected by staff with an effective date 15 days after publication of the legal notice: 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.
Griswold Nelson stated that she had visited the site and would be photographing the entire area (as had been done in the previous spring 2011/winter2010-2011/fall 2010) so as to document the record as to the progress of the restoration project.

INLAND WETLANDS OFFICER REPORT.
Acknowledgement was made of the impact of recent rain events and tropical storm Alice on the wetlands and watercourses in Cornwall, -- “all of Cornwall is “wet land”.

CORRESPONDENCE AND COMMUNICATIONS RECEIVED.
David Battista, PE from Lenard Engineering apprised the Commission of conversations that evening at the Board of Selectman’s meeting as to plans being considered to repair the Lower River Road Bridge over the Mill Brook impacted by tropical storm Irene. Mr. Battista was reminded that the Inland Wetlands Agency maintains jurisdiction over the erosion and sedimentation controls needed during the repair activities.

September 6, 2011 email correspondence addressed to the Land Use Office from David Irvin, from the DEEP forestry division regarding forestry activities in the Mohawk State Forest in Goshen and Cornwall was made part of the record.

OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.

ADJOURNMENT
Motion made by Mr. Simont, seconded by Mr. Hurlburt to adjourn at 8:25PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson