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:
A. 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.
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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.)
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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.
B. 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:
A. 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.
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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. Note
was 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.
A. 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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