CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF THE
REGULAR MEETING APRIL 7, 2009 CORNWALL TOWN OFFICE BUILDING
Present: Regular members D. Stevenson Hedden, Adam Fischer (in 8:07PM), William Hurlburt, Celia Senzer, Doc Simont (in 8:02PM), and alternate Andrew MacDavid (in 8:05PM).
Absent: Alternate Roger Kane
Chairman Hedden called the meeting to order at 8:00 PM in the Cornwall Town Hall with a quorum established.
APPROVAL OF MINUTES: March regular meeting.
Motion Mrs. Senzer, second Mr. Hurlburt, to approve the minutes of the March meeting as presented: unanimously approved.
PENDING APPLICATIONS:
App #525 – DeForest Benjamin – “Petition for a declaratory ruling for the construction of a farm pond (previously approved – 1988 and never constructed) – 115 Furnace Brook Road.
App #138, dated December 7, 1987, DeForest and Bernadine Benjamin, applicants, approved 02/03/98 for “the construction of a farm pond” on Route 4 was referenced and made part of the record.
DeForest H. Benjamin was in attendance to represent the application. Mr. Benjamin submitted a letter of intent, dated April 7, 2009 outlining the use of the proposed pond for irrigation of Christmas tree seedlings and a potential fire pond with a dry hydrant.
Mr. Simont in 8:02PM
After review of the information on file and with consensus that the current application was consistent with the information supplied in the 1987 application and the basis for the previous approval and that the current application needed due to the time lapse between the start and finish of the permit:
Motion Mr. Hurburt, second Mrs. Senzer, to approve App #525 – DeForest Benjamin – “Petition for a declaratory ruling for the construction of a farm pond (previously approved – 1988 and never constructed) – 115 Furnace Brook Road as per the oral and written testimony of the applicant and the file of the record, including App #138. As part of the approval, the Inland wetlands enforcement officer was to be notified prior to the start of site work, to ensure that proper soil and erosion controls are in place. Motion unanimously approved
App #526 – Push’em Up Farms LLC applicant/owner – Restoration and modification of an existing agricultural pond – 192 River Road.
Dennis McMorrow P.E. and principle of Berkshire Engineering, George Malia, professional soil scientist and Tim Naylor, representatives for the property owner were in attendance to address the plans submitted for the maintenance and restoration of and improvements to the existing in-stream pond on the site.
Mr. MacDavid in 8:05PM.
In response to questions, Mr. McMorrow stated that the pond was to remain basically the same in size and that while he had no exact figure as to the amount of material to be excavated, that there were adequate capacity in the surrounding fields for the spreading and dewatering of all of the excavated material. Mr. McMorrow stated that he was willing to supply the additional information to the Land Use office once compiled.
Mr. Fischer in 8:07PM.
Mr. McMorrow addressed details of the proposed plunge pool and sites to be considered in the shallow stoned areas of the pond for the placement of fish weirs, stating that the restoration of the pond back to deeper depths would create the opportunity for use of the pond as a fishery. Mr. McMorrow outlined the method proposed to lower the pond prior to the start of work and the discharge of water out of the pond and into the intermittent and perennial streams downstream prior to finally reaching the river. Mr. McMorrow pointed out the details for the changes to the spillway as included in the plans and supporting information supplied, noting that the Cornwall Inland Wetlands Agency’s review of the application was needed prior to review by the DEP and the Army Corp of Engineers. It was agreed that the Cornwall IWWA should be notified of any changes made or conditions imposed by either the DEP or the Army Corp.
Motion Mrs. Senzer, second Mr. Hurlburt, to approve App #526 – Push’em Up Farms LLC applicant/owner for regulated “non-significant activities” associated with the restoration and modification of an existing agricultural pond – 192 River Road as the plans submitted, entitled, “Pond Restoration Plans prepared for Push’em Up Farm LLC” sheets S-1, S-2, E-1 and D1, dated 2/24/09 prepared by Berkshire Engineering’, the supporting information submitted as listed in the record and as per the oral and written testimony of the applicant and his representatives.
As part of the approval, the Agency shall be notified of any changes or additional conditions imposed by either the State of CT DEP or the Army Corp of Engineers and the Inland wetland Enforcement Officer was to be notified prior to the start of any work on the site to ensure that the erosion and sedimentation controls as specified in the plans were in place prior to the start of work. Motion unanimously approved.
NEW APPLICATIONS:
App #527 – Cornwall Housing Corporation applicant - Re-subdivision of a 9+- acre parcel into 3 parcels (2 parcel program lots and 1 elderly housing lot in a combined zone parcel – Assessors Map HO-1 – Block 03-parcel 03 - Kent Road with no proposed activities within wetlands soils. Application constitutes report to the Planning & Zoning Commission.
Information made part of the record.
Map entitled “Proposed site development Plan – 3 lot subdivision – Kent Road and Dark Entry Road, Cornwall, CT prepared by Brian Neff, dated 2/28/2009
The commission reviewed the plans as submitted with agreement that the plans as prepared for the feasibility of the site to be subdivided into 3 parcels for elderly housing and single family residences was appropriate and satisfied the concerns of the commission. With note made by staff that a report from the Agency was needed for the application to be reviewed by the Planning & Zoning Commission and that the final construction plans would be revisited by the Agency prior to the start of any construction activities
Motion Mr. Hurlburt, second Mr. Simont, that the commission has determined that App #527 – Cornwall Housing Corporation applicant - Re-subdivision of a 9+- acre parcel into 3 parcels (2 parcel program lots and 1 elderly housing lot in a combined zone parcel – Assessors Map HO-1 – Block 03-parcel 03 - Kent Road constructed as per the proposed site plan submitted, entitled “Proposed site development Plan – 3 lot subdivision – Kent Road and Dark Entry Road, Cornwall, CT prepared by Brian Neff, dated 2/28/2009” does not appear to have any impact to any wetlands and waterbodies on or around the site and that the minutes of the meeting constitute the report to the Planning & Zoning; unanimously approved.
OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.
Discussion of fees for all land use applications.
Recommendations were to be forwarded to commission members for their review.
Web Soil Survey – use of NCRS website for land use information.
Discussion deferred until the next meeting
INLAND WETLANDS OFFICER REPORT.
Written report submitted for review. The Agency briefly reviewed maps supplied by staff showing pasture land on the Cream Hill Road Gold farm being used for the processing of horse manure with concerns expressed to be communicated to the appropriate parties and commissions by staff. Reports of the Greenberg pond on Day Road appearing to be dry were to be followed up by the Inland wetlands enforcement officer.
ADJOURNMENT
Motion Mr. Simont, second Mrs. Senzer, to adjourn at 8:26PM; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson