AREGULAR MEETING OF THE CORNWALL INALDN WETLANDS AND WATERCOURSES AGENCY WILL BE HELD AT PM ON TUESDAY, 1996, IN THE CORNWALL TOWN HALL.

CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY

MINUTES OF THE

REGULAR MEETING DECEMBER 4, 2007 CORNWALL TOWN OFFICE BUILDING

Present: Regular members D. Stevenson Hedden, William Hurlburt, Roger Kane, Alternates Andrew MacDavid and Adam Fischer and Karen Griswold Nelson.

Absent: Celia Senzer and alternate Adam Fischer.

Chairman Hedden called the meeting to order at 7:35PM in Cornwall Town Hall. Alternate Andrew MacDavid was seated for regular member Celia Senzer.

APPROVAL OF MINUTES: November regular meeting

Motion Mr. Hurlburt, second Mr. Kane to approve the minutes of the November meeting as presented; unanimously approved.

PENDING APPLICATIONS:

App #501 John and Mary Louise Rubin applicants/owners – Regulated activities for land clearing and the installation of a curtain drain for the expansion of lawn area- 43 Ballyhack Road. (Accepted at the October 2, 2007 regular meeting).

Ms. Griswold Nelson advised the commission of conversations with Mrs. Rubin that day and her stated intent to not move forward with the proposal to construct a curtain drain on the property until additional thought was given to an overall site improvement plan. Ms. Griswold Nelson addressed Mrs. Rubin’s stated wishes to do minimum maintenance of lawn and pasture areas and removal of trees without any plans to grub or fill wetlands soils, activities considered normal maintenance.

Motion Mrs. Simont, second Mr. Hurlburt, to deny App #501 John and Mary Louise Rubin applicants/owners – Regulated activities for land clearing and the installation of a curtain drain for the expansion of lawn area- 43 Ballyhack Road based on the commission’s determination that the application has substantially changed and the activities currently being undertaken, as per the oral testimony of staff, are outside of the purview of the commission: unanimously approved.

App#502 – Martin Horner applicant/owner – Replacement of an existing driveway culvert with a bridge – 87 Furnace Brook Road. (Accepted at the October 2, 2007 regular meeting)

Mr. Brian Neff, PE and representative for the applicant, addressed new plans provided, entitled “Concrete Bridge Abutment Details - dated 11/19/2007 prepared by Brian Neff, licensed engineer” showing details for the design of the arch culvert including changes from the original proposed design (as verbally stated) for the wing wall to now go straight back and reduce the amount of rebar in the wing wall.

In response to questions from Mr. Kane as to whether consideration had been given to keying the rebar into the footings, Mr. Neff gave design details to support the design as presented. In response to questions, Mr. Neff outlined the construction sequence, as stated on the plans previously submitted, entitled “Driveway Culvert Replacement Plan – dated 8/22/2007 prepared by Brian Neff” adding that the water from the excavated area was to pumped out and discharged back to the main part of the Horner property and some of the excavated material to be transported off site and the balance to be stockpiled in the upland area until needed. Mr. Neff estimated that the time frame for the completion of the project was one month and that he was to be responsible to name the person in charge of erosion and sedimentation controls as well as personally be the design engineer responsible for the submission of a certificate of substantial completion once the project was finished.

With agreement that the maps submitted would be re-labeled as sheet 1 of 2 and sheet 2 of 2:

Motion Mr. Simont, second Mr. Hurlburt, to approve App#502 – Martin Horner applicant/owner – Replacement of an existing driveway culvert with a bridge – 87 Furnace Brook Road as per the oral and written testimony of the applicant’s representative and as the plans presented, “Driveway Culvert Replacement Plan – dated 8/22/2007 – sheet 1 of 2 - prepared by Brian Neff” and “Concrete Bridge Abutment Details - dated 11/19/2007 – sheet 2 of 2 prepared by Brian Neff, licensed engineer” with the following conditions:

The design engineer was to provide sufficient project supervision of the project and upon completion of the project, to provide a “Certificate of Substantial Completion” to the Land Use office.
The maps provided were to be re-numbered sheets 1 of 2 and 2 of 2 for clarity.
Prior to the start of construction, the Inland Wetlands Officer was to be notified of the person responsible for the installation and maintenance of the erosion and sedimentation controls as specified on the plans provided as well as the timing for the work to ensure that proper soil and erosion controls are in place prior to the start of any site work. Such measures are to be inspected and approved by the Inland Wetlands Enforcement Officer prior to and during all phases of the project in conjunction with the design engineer supervising the project.

Motion unanimously approved.

App# 503 - Samuel & Lynn Waterston applicant/owners – Regulated activities associated with driveway construction for a single family residence – Great Hollow Road. (Accepted at the October 2, 2007 regular meeting)

November 18, 2007 correspondence from commission member Celia Senzer was made part of the record.

With note made that the area of wetlands being crossed was the same access way as part of the permit granted for the construction of the farm pond and with agreement that the plans as provided satisfied all of the concerns of all of the commission:

Motion Mr. Hurlburt, second Mr. Kane, to approve App# 503 - Samuel & Lynn Waterston applicant/owners – Regulated activities associated with driveway construction for a single family residence – Great Hollow Road as per the plans provided, “Driveway Plan (and septic system for new residential construction) on Great Hollow Road – prepared by Russell Moresi, PE for Samuel Waterston dated September 12, 2007”.

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 prior to the start of site work. Such measures are to be inspected and approved by the Inland Wetlands Enforcement Officer prior to and during all phases of the project. Motion unanimously approved.

App# 504 – Mark and Joy Marino applicants/owners – Regulated activities including 1. Expansion of an existing pond, 2. the creation of a silt pond and 3. improvements for water collection – 26 Johnson Road (Accepted at the October 2, 2007 regular meeting)

A construction sequence entitled “Procedure and silt management – prepared by Mark and Joy Marino” was made part of the record.

Ms. Griswold Nelson advised the commission that she had visited the site on November 26^th with Sean Hayden from Northwest Conservation District to address the concerns as stated by commission member Celia Senzer that the area for the proposed pond expansion was wetland soils. Ms. Griswold Nelson advised the commission that investigation of the area by Mr. Hayden showed that the area was disturbed soils and the only area that clearly was still wetlands soils was the area of the proposed well. Ms. Griswold Nelson addressed on-site conversations between Mr. Hayden, Mr. Marino and herself regarding the consideration of lining the pond for better water containment prior to digging the well in the wetlands. Mr. Marino stated that while he was considering the options discussed with Mr. Hayden that he wished that the option of digging the well remain part of the application being considered. A written report from Mr. Hayden verifying Ms. Griswold Nelson’s verbal testimony was to be made part of the file.

With agreement that all concerns had been satisfied:

Motion Mr. Kane, second Mr. Hurlburt, to approve App# 504 – Mark and Joy Marino applicants/owners – Regulated activities including 1. Expansion of an existing pond, 2. the creation of a silt pond and 3. improvements for water collection – 26 Johnson Road as per the oral and written testimony of the applicants/owners and as per the site plan provided with the following conditions:

The name and telephone number of the persons or entity responsible for the erosion and sedimentation control measures were to be provided and made part of plans on file.

Accordingly, feasible and prudent alternatives were considered and the commission approval of the application is based on its finding that the application represents the most feasible and prudent alternative available. 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 prior to the start of site work. Such measures are to be inspected and approved by the Inland Wetlands Enforcement Officer prior to and during all phases of the project.

Prior to final action on the application, Attorney Peter Ebersol, on behalf of abutting neighbors Joan and Paul Rogala, raised questions regarding the overflow of the pond on the Marino property being in the same location as the original stream channel and the possibility of additional water, as a result of the pond expansion, increasing water flow to the Rogala property. In response, Mr. Hedden gave an overview of the site, citing the historic development of the Marino site and surrounding area, including the parts of the land once used for sand and gravel removal. Mr. Hedden, in response to the stated question as to whether increasing the size of the pond would increase the flow to the Rogala property, stated that in his opinion that the same water flow as existing since the “earth cooled” would not be increased but rather could possibly be somewhat reduced. In response to Mr. Ebersol’s stated concern as to possible negative impact to his client’s property, Mr. Hedden reiterated that any increase, if at all possible, would be negligible.

Motion called and unanimously approved.

App #505 - Andrew Savage applicant/owner – Activities within wetlands soils for the construction of a driveway to a single family residence– Whitcomb Hill Road. (Accepted at the November 7, 2007 regular meeting.).

December 4, 2007 review correspondence from Northeast Consulting was made part of the record.

Mr. George Johannesen, PE and principle of Allied Engineering Assoc. LLC re-addressed the application, stating that revised mapping being supplied that evening addressed concerns raised by Northeast Consulting. Mr. Johannesen addressed the investigation of the site for water drainage to the town road, citing the 3 points used as part of the investigation. Mr. Johannesen stated that the plunge pools as shown, if causing any changes from existing conditions, would result in a slight decrease in the drainage. In response to questions as to the reason for the requests for additional information for “headwall depth calculations for the culverts” as stated in the Northeast review letter, Mr. Johannesen stated that such information was needed to comply with Planning & Zoning driveway requirements.

With agreement that all concerns had been satisfied and that the file showed preliminary approval from the First Selectman’s Office for the driveway cut:

Motion Mr. Hurlburt, second Mr. Simont, to approve App #505 - Andrew Savage applicant/owner – Activities within wetlands soils for the construction of a driveway to a single family residence– Whitcomb Hill Road as per the oral and written testimony of the applicant and his representative and the site plans supplied, Sheets “C-1 “Proposed Plan and Profile, prepared for Kim Savage Realty” dated 10/19/07 revised to 11/29 and 12/04 for “added pull-off per town engineer, “C-2 “Existing drainage areas” dated 11/29/2007. “C-3 - proposed drainage areas” dated 11/29/2007, “ES-1 – Proposed erosion and sedimentation control plan” dated 10/19/2007 and “ES -2 - Proposed erosion and sedimentation control plan” dated 10/19/2007 all prepared by Allied Engineering Assoc. LLC, Torrington, CT. with the following conditions:

The design engineer was to provide sufficient project supervision of the project and upon completion of the project, to provide a “Certificate of Substantial Completion” to the Land Use office.
The name and telephone number of the persons or entity responsible for the erosion and sedimentation control measures were to be provided and made part of plans on file.

Motion unanimously approved

App #506 – Joseph Ellis owner/Brian Neff applicant – Activities within wetlands soils for the construction of a driveway to a single family residence – Town Street (intersection of Lake Road)

(Accepted at the November 7, 2007 regular meeting.)

Mr. Brian Neff, PE and representative for the applicant, addressed revised plans prepared, stating that the revisions were in response to changes recommended by Gordon Ridgeway regarding the driveway connection to the town road and drainage. In response to questions, it was clarified that the plans as provided still showed all of the piping from the residence to the septic fields skirting the wetlands soils with an access road as part of the design.

Motion Mr. Kane, second Mr. Hurlburt, to approve App #506 – Joseph Ellis owner/Brian Neff applicant – Activities within wetlands soils for the construction of a driveway to a single family residence – Town Street (intersection of Lake Road as per the oral and written testimony of the applicant and his representative and the site plans supplied, “Proposed site Plan – The Ellis Residence, Town Street” dated 11/4/2007” and revised prepared by Brian Neff” with the following conditions,

The name and telephone number of the persons or entity responsible for the erosion and sedimentation control measures were to be provided and made part of plans on file.

Motion unanimously approved.

App #507 – Eric Elwell – 3 Lot subdivision with activities within wetlands soils as part of a private road for access to residential lots – 189 Great Hill Road. (Accepted at the November 7, 2007 regular meeting.)

Mr. Simont recused himself from the proceedings.

Mr. Brian Neff, PE and representative for the applicant, addressed the new map made part of the file entitled “Soil and erosion control Plan, prepared by Brian Neff, dated 11/26/2007. Mr. Neff addressed the changes needed to change the existing driveway to a private road for access to the proposed subdivision lots, including the widening of the roadway from 12 feet to 16 feet. Mr. Neff stated that as part of the proposal, the to-be reconfigured existing driveway would be moved further away from the pond in order to increase the radius so as comply with zoning requirements for curvature. Mr. Neff stated that plans proposed no new incursions into wetlands soils and the roadway as proposed was to remain graveled.

In response to Mr. Kane’s requests, it was agreed that the mapping would be renumbered. With agreement that all concerns had been answered:

Motion Mr. Kane, second Mr. Hurlburt, to approve App #507 – Eric Elwell – 3 Lot subdivision with activities within wetlands soils as part of a private road for access to residential lots – 189 Great Hill Road as per the oral and written testimony of the applicant and his representative and the site plan supplied Sheet 1 “Proposed site development Plan – 3 Lot Subdivision – 189 Great Hill” dated 11/3/2007 and Sheet 2, “Soil and erosion control Plan, prepared by Brian Neff, dated 11/26/2007” with the following conditions:

The name and telephone number of the persons or entity responsible for the erosion and sedimentation control measures were to be provided and made part of plans on file.
The maps provided were to be re-numbered sheets 1 of 2 and 2 of 2 for clarity

NEW APPLICATIONS:

App #508 – Paul and Joan Rogala – “After-the-fact” activities within wetlands soils – 11 Johnson Road.

Mr. Simont returned to the proceedings.

Ms. Griswold Nelson advised the commission that the application was in response to a Cease and Desist order issued based on written complaints from neighbors and observations of clearing within wetland soils during site visits to the Marino property and surrounding area.

Attorney Peter Ebersol, legal representative for Paul and Joan Rogala addressed the past history of the land as part of the application, stating that the land across the street from the single family (rental) residence had been used for agricultural purposes for many years. Mr. Ebersol provided mapping showing the outline of the property (in red), the barn on the property used for the housing of horses by the Rogala’s tenants and areas of proposed and completed clearing for pasture land for the tenant’s horses. Mr. Ebersol addressed the impact of beaver activity on the property over the years and what appeared to be in increase in wetlands perhaps as relating to beaver activity.

As relating to the after-the-fact activities, Mr. Ebersol addressed the Rogala’s decision to enlarge the pasture area on the site and the subsequent hiring of a local contractor, Mr. Gary Hall, to cut down high grasses and small bushes (no trees) and to leave the cut material in piles on the site. Mr. Ebersol addressed the Rogala’s intent to restore the land and the topography back to original condition as previously used for livestock, noting the use of the site before for 17 horses.

Mr. Russell Hotchkiss, Mrs. Rogala’s father and previous owner of the property, addressed the commission regarding the previous use and condition of the site.

Mr. Ebersol, stating that the commission had permission to go on the site to view the work already done and the nature of the wetlands, addressed the Rogala’s wishes to cut more brush and clear additional areas as shown on the mapping provided. Mr. Ebersol stated though that no additional cutting would be done until the commission had approved the activities.

The floor was opened to the public for comment.

Mark Marino, 26 Johnson Road, raised concerns regarding the brush piles being burned. In response, Mr. Ebersol agreed that there would be no burning on the site. Mr. Marino addressed his issues with the lack of permits for activities in areas that were, in his belief, obviously wetlands and the application requesting additional cutting within wetlands soils for use by horses belonging to tenants.

Lydia Leeds, 24 Johnson Road, noting Mr. Ebersol’s references to commission member’s visiting the site, suggested that Mr. Ebersol’s requests were appropriate and should be followed.

Motion Mr. Simont, second Mr. Hurlburt, to accept App #508 – Paul and Joan Rogala – “After-the-fact” activities within wetlands soils – 11 Johnson Road and to table further discussion and decision on the application to the January 2, 2008 regularly scheduled meeting. (To be listed under “Pending applications”): unanimously approved.

ENFORCEMENT ACTIONS:

CEASE AND DESIST- – Activities within regulated areas without a permit – Joan and Paul Rogala owners – 11 Johnson Road.

With acknowledgement that an application had been submitted and accepted in response to the Cease and Desist order issued and based on oral testimony from the property owner and their legal representative Mr. Ebersol that no additional cutting of brush and no burning of piles would be done prior to action on the application as accepted, there was no further discussion of the matter with the order to remain in place as presented.

CEASE AND CORRECT – Janette Diller and Jeff Stone – 70 Kent Road.

The commission discussed the Kent Road situation and the lack of response to the order (faxed) and previous conversations between the Land Use office, the road supervisor and neighbors for attention to be paid to the ongoing situation, a situation that included clearing, un-stabilized disturbed areas, a lack of maintenance to the erosion and sedimentation controls on site, and an accessory structure constructed without any permits. Commission members were to visit the site and review the overall site and address the course of action including the consideration of legal intervention to correct the matter.

CORRECT AND RESTORE – H. Steve Hedden, representative for Mohawk Mountain Ski Areas- Activities within regulated areas for emergency repair as a result of beaver activity – Great Hollow Road.

Mr. Hedden addressed the “emergent” situation to clear piping impacted by beaver activity for snow making purposes for Mohawk Mountain with note made by staff that such a “Correct and Restore” process would be used for such situations in the future.

OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.

Meeting dates for the year 2008.

Motion Mr. Hurlburt, second Mr. Simont, to approve the meeting dates of Wednesday January 2, Tuesday February 5, Tuesday March 4, Tuesday April 1, Tuesday May 6, Tuesday June 3, Tuesday July 1, Tuesday August 5, Tuesday September 2, Tuesday October 7, Wednesday November 5, and Tuesday December 2, meetings from April-Sept. to commence at 8:00 p.m. in Town Hall and meetings from Oct.-March to commence at 7:30 p.m. in Town Hall; unanimously approved.

Election of Officers.

Motion Mr. Hurlburt, second Mr. Simont to nominate Mr. Hedden as chairman of the Inland wetlands agency for the year 2008. Hearing no other nominations from the floor or disagreement from Mr. Hedden with the exception of expressed appreciation, nominations were closed and Mr. Hedden named chairman.

December 3, 2007 correspondence from Brian Skarstad, President of the Yelping Hills Association to Karen Griswold Nelson as relating to the possible purchase of land from the Scovilles was made part of the record. With acknowledgment that both Ms. Griswold Nelson and Mr. Hedden had been on site to review the area, it was agreed that the association should submit an application for the proposed change to the parking area based on its close proximity to the Cream Hill Lake.

Motion Mr. Hurlburt, second Mr. Simont to adjourn at 9:10PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson