CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY

MINUTES OF THE

JULY 3, 2012 REGULAR MEETING - CORNWALL TOWN HALL

Present: Regular members D. Stevenson Hedden, Adam Fischer, Roger Kane and William Hurlburt, alternates Deborah Bennett and Jeff Lynch.

Absent: Regular member Andrew MacDavid.

Presiding chairman D. Stevenson Hedden called the meeting to order at 7:32 PM in the Cornwall Town Hall meeting room with a quorum established. Alternate member Deborah Bennett was seated for regular member Andrew MacDavid.

APPROVAL OF MINUTES: June regular meeting minutes.

Motion made by Mr. Hurlburt, seconded by Mrs. Bennett to approve the minutes of the June meeting as presented; unanimously approved.

PENDING APPLICATIONS:

A.  App#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.

Mapping entitled “Site development plan for Barlas Baylar, sheets C-1, EC1- EC-3, OSD-1, SD1-3, SDS-1, PP1, SEQ-1, TT1, TT2 and D-1, prepared by Arthur H. Howland and Associates, cover sheet dated May 15, 2012 with plans revised to June 21, 2012 as per peer review was made part of the record.

Paul Symanski, PE and principle of Arthur Howland & Associates , Jeremy Oskandy. PE and project manager from Arthur Howland for the application, and Tim Hine, site contractor were in attendance to represent the application. July 3, 2012 correspondence from Lenard Engineering, town consulting engineer, was made part of the record and addressed. It was agreed that the open issues in the correspondence could be addressed in a motion for approval.

Discussion ensued as to the construction sequence with Mr. Kane suggesting that the driveway as designed with swales would not work properly if phased and recommended that the entire driveway be paved (binder course) prior to the start of construction on the site. Mr. Lynch, a professional horticulturalist, raised concerns regarding the details for the plantings on the site being appropriate to the soil conditions and location (sun versus shade) with agreement that the adjustments for the proper planting would be made accordingly. Rye grass was also to be planted at the outlets of the driveway culverts. Concerns were raised (Hurlburt) regarding the lack of information as to erosion and sedimentation controls needed during the construction of the tennis court due to the topography. It was agreed that an E&S plan was to be submitted to the Land Use office and approved prior to the issuance of the permit. Concerns were raised (Kane) regarding the installation of electrical conduits to the existing bridge with agreement that the conduits would be between the beams. No excavation was to be within Mallard Brook. The Commission discussed a condition of approval for a performance bond to be in place prior to the start of construction in a form approved by the Land Use Office and held for at least one year after the certification of occupancy for the entire site was approved. The release of the bond was to be upon approval by the Land Use office and the Commission. The Commission advised the applicant that standard conditions of approval would include supervision of the site by the design engineer for the E&S controls and implementation of the storm water management plan and the overall construction of the site and contact information supplied so that a responsible party could be reached at all times.

Motion made by Mr. Kane, seconded by Mr. Hurlburt, to approve App#565 for regulated non-significant activities as per the plans submitted, Mapping entitled “Site development plan for Barlas Baylar, sheets C-1, EC1- EC-3, OSD-1, SD1-3, SDS-1, PP1, SEQ-1, TT1, TT2 and D1--2, prepared by Arthur H. Howland and Associates, cover sheet dated May 15, 2012 revised to June 21, 2012 as per peer review” with the following conditions:

1.  5 Items as listed in Lenard Engineering letter of 6/28/2012 shall be complied with and required changes made to the plans.

2.  A representative from Arthur H. Howland and Associates is to be responsible for the E&S controls and the implementation of storm water management plan. The Land Use office shall be provided with contact information including telephone numbers for twenty four hour availability to the responsible party’s named.

3.  A representative from Arthur H. Howland and Associates is to provide construction management at the land owner’s expense and provide a sealed letter of compliance with the approved plans prior to the issuance of a certificate of occupancy.

4.  A sedimentation and erosion plan for the area around the tennis court and accessway will be provided and approved prior to the issuance of the permit.

5.  The driveway shall be constructed as per the plans provided (sheets SD1-3) and shall be paved (binder course) in its entirety prior to the start of any construction on any the structures (single family residence, garage and pool) as shown on the plans.

6.  A $20,000 performance bond shall be posted in a manner approved by the Land Use office and shall be in place during the site construction and one year after the certificate of occupancy is issued for the single family residence. The performance bond shall be released upon approval by the Land Use office/and or the Inland Wetlands Agency.

Motion unanimously approved.

PETITION FOR DECLARATORY RULINGS. None.

NEW APPLICATIONS: None.

UPLAND REVIEWS AND APPROVAL BY AUTHORIZED AGENT. 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.

Jeff Lynch addressed his recent site visit to the VanDoren site with IWWO Griswold Nelson in response to concerns and questions raised at the June meeting as to the ongoing remediation of the site and the appearance of mowing. Mr. Lynch was to review the entire file including maps and report back to the Commission at the August meeting.

INLAND WETLANDS OFFICER REPORT.

CORRESPONDENCE AND COMMUNICATIONS RECEIVED.

Email correspondence from David Irwin, representing the DEEP forestry division and constituting a notification of a new timber harvest in the Mohawk State Forest was made part of the record and discussed. Mr. Kane was to contact Mr. Irwin regarding the pending Great Hill DOT project 31-130 and the schedule for the timber harvest as stated in the email.

OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.

ADJOURNMENT

By action of Chairman Hedden, the meeting was adjourned at 8:30PM.

Respectfully submitted

Karen Griswold Nelson