CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY

MINUTES OF THE

DECEMBER 4, 2012 REGULAR MEETING - CORNWALL TOWN HALL

Present: Regular members D. Stevenson Hedden, Roger Kane, Andrew MacDavid and William Hurlburt, alternates Deborah Bennett and Jeff Lynch and Land Use staff Karen Griswold Nelson

Absent: Adam Fischer.

Also present; Gordon Ridgway, First Selectman.

Presiding chairman D. Stevenson Hedden called the meeting to order at 7:30 PM in the Cornwall Town Hall offices with a quorum established. Jeff Lynch was seated for regular member Adam Fischer and Mrs. Bennett allowed to participate in the proceedings.

APPROVAL OF MINUTES: November regular meeting minutes.

Motion made by Mr. Hurlburt, seconded by Mr. Kane to approve the minutes of the November meeting as presented: unanimously approved.

PENDING APPLICATIONS:

  1. App#576 – Michael Trapp owner/Oakwood Engineering agent – retaining wall reconstruction/repair from 2011 storms – 7 River Road.

Information made part of the record:

  • Hydraulic Analysis of Mill Brook, prepared by Lenard Engineering, dated November 7, 2012.
  • November 30, 2012 correspondence from Oakwood Environmental Associates representing response to Lenard November 7th correspondence.
  • Plans entitled “Michael Trapp – Vicinity Maps and preconstruction conditions, Retaining Wall Layout and Retaining wall layout – Sections and details, prepared by Oakwood Engineering dated 7/30/2012” revised to November 6th revised to include change to plans - Insert - named Figure 9 – showing rock wall as build upper end dated 0506/01/2012 with note stating “this stone will be moved back and lowered so that the top is approximately the height of the line indicated. The stone is approximately 4 feet square and 6 inches thick”.

Bart Clark, PE and principle of Oakwood Engineering and representative for Michael Trapp was in attendance to represent the application. Mr. Clark gave an update as to the status of the application, addressing his response to the hydrology study prepared by Lenard Engineering as referenced. Noting areas of disagreement and agreement, Mr. Clark stated while there remained some disagreement , there was agreement that there was a small to moderate impact on the stream bed as a result of the current design as implemented on the Trapp property. Mr. Clark stated that based on conversations and meetings with both staff, David Battista from Lenard Engineer and chairman Hedden, there was agreement that a method of mitigation was to create a small opening in the rock wall on the Trapp property that would result in water flow from a 50 year plus storm event to overtop the wall and provide the necessary relief valve. Mr. Clark, addressed the insert (as referenced above) that showed the actual cap stone, its dimensions and the move of the 4 foot square by 6 inch thick stone back 4 feet to create the opening that would create such a drop for water to overtop the wall that much sooner.

Discussion ensued as to the connection between the Trapp project and the Town of Cornwall connection and discussions between town officials regarding insurance, appropriate traffic controls during the construction of the Trapp retaining wall, and bonding, all topics under discussion with final details to be worked out.

There was general agreement that all concerns and questions regarding the actual construction of the retaining wall had been satisfied.

In response to questions from Mr. Hurlburt as to the reasoning behind the move of the stone, Mr. Clark stated that the location of the stone showed that it was at the actual high point in the flood elevations as reflected in the Lenard report.

In response to questions regarding the connection of the Trapp retaining wall to any town project to repair the town section of the bridge area, Mr. Clark addressed the proposed design for the connection of the Trapp section to the town section with coordination between the two separate projects that would provide appropriate protection for all parties involved.

Hearing all questions and concerns address and in order to open discussion of the approval of the applications

Motion made by Mr. Kane, seconded by Mr. Hurlburt to approve App#576 – Michael Trapp owner/Oakwood Engineering agent – retaining wall reconstruction/repair from 2011 storms – 7 River Road as per the oral and written testimony of the applicant and his representatives, and the revised plans provided, Plans entitled “Michael Trapp – Vicinity Maps and preconstruction conditions, Retaining Wall Layout and Retaining wall layout – Sections and details, prepared by Oakwood Engineering dated 7/30/2012” revised to November 6th revised to include change to plans - Insert - named Figure 9 – showing rock wall as build upper end dated 0506/01/2012 with note stating “this stone will be moved back and lowered so that the top is approximately the height of the line indicated. The stone is approximately 4 feet square and 6 inches thick”

After discussion of the motion, Mr. Kane, seconded by Mr. Hurlburt, to amend the motion to add the following conditions:

  1. Prior to the start of any construction, names, addresses and telephone numbers of the parties responsible for erosion and sedimentation controls shall be supplied to the Land Use Office.All erosion and sedimentation controls measures are to be in place and inspected by the IWWO or authorized agent prior to the start of any construction.
  2. At the land owners expense, the design engineer shall be on site at all times when any work is being done in the water and at least daily, for the balance of the project.
  3. The hemlock trees “temporarily heeled in” last season will be removed and/or replaced when the tree trucks reach 10” in caliper to prevent them from washing out and plugging the Mill Brook downstream of the Trapp property in the event of a large storm.
  4. A performance bond, in the amount of $100,000.00 total, in an acceptable combination of cash and surety bonds (recommended $40 thousand cash and balance surety) will be provided and in place prior to the start of any construction. The form of the bonding will be at the discretion of the Land Use coordinator. Once construction is out of the water, the form of the bond held will be at the discretion of the Land Use Coordinator. (It was the Agency’s finding that the amount and combination of the bonds to be held and released in a manner as stated will provided the Town the protection to immediately address any negative impact to the stream in the case of catastrophic failure and ultimately complete the project in an appropriate fashion should the project for some unforeseeable reason be abandoned.)
  5. Prior to the start of any work on the site, legal agreements between the Town and Mr. Trapp addressing traffic control for River Road, permission to access and use town property for the improvements on the Trapp property and appropriate bonding and insurance shall be provided and reviewed and approved by Town legal counsel, and signed
  6. The lattice work and fence on the down side of the Trapp property shall be removed.
  7. As part of the approval, the applicant/owner shall work with the Town of Cornwall to consider and design a connection between the proposed retaining wall on the Trapp property and the proposed wall on the Town property, design subject to approval by agreement between the Town’s and Mr. Trapp’s design engineers. The timing for the proposed Town improvements shall not delay or bar the improvements to the Trapp property.

Motion, as amended, unanimously approved.

  1. App#580 – Rachel Matsudiara- applicant/owner – Regulated activities for the construction of a single family residence – 31 Popple Swamp Road.

Yoshihiro Matsudiara, representative for Rachel Matsudiara was in attendance to represent the application.

Hearing no concerns or questions from the Commission,

Motion made by Mr. Kane, seconded by Mr. MacDavid to approve App#580 – Rachel Matsudiara- applicant/owner – Regulated “non-significant” activities for the construction of a single family residence – 31 Popple Swamp Road as per the oral and written testimony of the applicant and the plans provided entitled “Subsurface Sewage Disposal System – the Matsudaira residence – 31 Popple Swamp Road, prepared by Brian Neff, dated February 15, 2010” and “Soil Erosion and Sedimentation Control Plan – the Matsudaira residence – 31 Popple Swamp Road, prepared by Brian Neff, dated October 26, 2012” with the following conditions:

  1. Prior to the start of any construction, names, addresses and telephone numbers of the parties responsible for erosion and sedimentation controls shall be supplied to the Land Use Office.
  2. All erosion and sedimentation controls measures are to be in place and inspected by the IWWO or authorized agent prior to the start of any construction.

Motion unanimously approved.

PETITION FOR DECLARATORY RULING. None.

NEW APPLICATIONS:

  1. Request for modification to Permit #575 Barlas Baylor applicant/owner – Activities within regulated areas for the construction of a single family residence, accessory structures and a driveway within regulated areas – 64 Whitcomb Hill Road.

Griswold Nelson advised the Commission that the request to modify the permit so as to not require the paving of the driveway prior to construction had been withdrawn that afternoon.

Tim Hine, home builder for Mr. Baylar, was in attendance to ask the Commission as to the reasoning behind the request for paving prior to site construction, siting reasons for not paving. After discussion, Commission consensus was that the insistence that the site be paved at this time was based on to be expected “muddy” site conditions during the winter and early spring months that supported their original belief that the site and the contractor was better served by having a paved accessway in place prior to the onset of such unavoidable conditions.

UPLAND REVIEWS AND APPROVAL BY AUTHORIZED AGENT.

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.

Deferred until the next regularly scheduled meeting.

INLAND WETLANDS OFFICER REPORT.

Griswold Nelson advised the Commission that it appeared that the Selendy project had been completed and that a request for a certificate of compliance with the site plans submitted was being requested from the design engineer, Dirk Sabin.

Griswold Nelson advised the Commission of recent conversations with town counsel Perley Grimes regarding the Nash/Yancopoulus pond situation and the continued lack of maintenance despite the State of CT DEEP order to maintain both the outlet structure and the spillway. Notewas made that a file was being prepared for Mr. Grimes, Discussion ensued as to the ultimate remedy for the matter, a solution that would provide the opportunity for the Inland Wetlands Agency and/or Town to intervene and require the appropriate maintenance of the property to protect the town road and surrounding properties at the expense of the property owner and not the Town. The matter was to be revisited.

CORRESPONDENCE AND COMMUNICATIONS RECEIVED.

OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.

  1. Commission response to October 18, 2012 correspondence from the State of Connecticut Siting Council regarding the approval of the D&M Plan for the 16 Bell Road Extension telecommunications facility.

November 6th correspondence forwarded to the Siting Counsel was made part of the record with hopes of an expected response at the next meeting.

ADJOURNMENT.

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

Respectfully submitted

Karen Griswold Nelson

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