CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY

REGULAR MEETING FEBURARY 6, 2007, CORNWALL TOWN OFFICE BUILDING

Present: Chairman D. Stevenson Hedden, presiding; regular members, William Hurlburt, Roger Kane, Doc Simont and Alternates Adam Fischer and Andrew MacDavid.

Absent: Celia Senzer,

Chairman Hedden called the meeting to order at 7:30 PM. Alternate member Andrew Mac David was seated for regular member Celia Senzer.

APPROVAL OF MINUTES:

Motion Mr. Hurlburt, second Mr. Mac David to approve the minutes of the February 6, 2007 regular meeting with the correction of “his brother-in-law” to “his mother-in-law” under application #479 and the additional language added “These minutes were generated by notes taken by Roger Kane”; unanimous approved.

NEW APPLICATIONS:

App#481 Sam and Lynn Waterston – Applicants/owners – Petition for a Declaratory Ruling for the restoration and extension of an existing farm road for farm use – 92/106 Great Hollow Road.

No one was in attendance to represent the application.

The commission reviewed the documentation provided by Mr. Waterston including January 2^nd correspondence entitled “Details of planned extension of farm road”. Mr. Kane stated that he had walked the site with Mr. Waterston and that based on his observations, that there were some trees cut and some needing to be cut. Mr. Kane stated that he saw no appearance of wetlands soils or active watercourses in the area of the proposed activities. Mr. Kane stated that from his observations, that the existing ditch would be moved some eight feet, that the extension of the road was from the bridge rebuilt some years ago and that the road, once completed would indeed be used for access to agricultural. Based on the written testimony of the applicant and the oral testimony of Mr. Kane:

Motion Mr. Kane, second Mr. Hurlburt, that the commission has determined, as per the written testimony of the applicant, that App#481 Sam and Lynn Waterston – Applicants/owners – Petition for a Declaratory Ruling for the restoration and extension of an existing farm road for farm use – 92/106 Great Hollow Road constitutes a “Use as right” for agricultural purposes according to Section 4.1a of the Cornwall Inland Wetlands and Watercourse regulations. As part of the determination, 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# 477 Colts Foot Valley – Tabled from the January meeting upon the request of the applicant.

January 22, 2007 correspondence from Northwest Conservation District was made part of the record.

Motion Mr. Kane, second Mr. Simont, to grant a 35 day extension to Colts Foot Valley for the receipt of additional information: unanimously approved

App#478. Einar Lindholm applicant/owner – Regulated activities associated with the construction of a new driveway. Written request received 2/01/2007 for a 35 day extension.

February 5, 2007 correspondence from First Selectman Gordon Ridgway was made part of the record.

Ms. Griswold Nelson advised the commission that engineered plans for the site were in the process of being prepared and would be available for the March meeting.

Motion Mr. Kane, second Mr. Simont, to grant the 35 day extension requested by Mr. Lindholm for the receipt of additional information: unanimously approved.

App#479 Roxana Laughlin owner/William Hurlburt applicant – Activities near Hollenbeck River for the construction of a driveway – access from Lake Road. Accepted at the January 2007 meeting. No determination of significance.

Mr. Hurlburt recused himself from the proceedings to act on his own behalf as applicant. Mr. Fischer was seated for Mr. Hurlburt for the application at hand.

February 6, 2007 correspondence from Mr. Hurlburt was made part of the record.

The commission reviewed the written correspondence from Mr. Hurlburt. Mr. Hedden addressed his personal knowledge of the land being used for agricultural purposes including the raising of cattle.

Based on the written testimony of the applicant and the oral testimony of Mr. Hedden,

Motion Mr. Fisher, second Mr. Kane, that the commission has determined that App#479 Roxana Laughlin owner/William Hurlburt applicant – Activities near Hollenbeck River for the construction of a driveway – access from Lake Road constitutes a “Use as right” for agricultural purposes according to Section 4.1a of the Cornwall Inland Wetlands and Watercourse regulations.

As part of the determination, 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#480 William Paley owner – Activities associated with the construction of a private road and subdivision and as part of an original approval – Poughkeepsie Road. Accepted at the January 2007 meeting. No determination of significance.

Mr. Paley addressed the plans provided as part of the application showing the replacement of one 12” culvert with a 15” culvert to comply with the zoning requirements for a private road. With agreement that all of the commission’s concerns had been addressed in part during the original approval granted for the original subdivision application:

Motion Mr. Hurlburt, second Mr. Simont, to approve the application #480 William Paley owner – Activities associated with the construction of a private road and subdivision and as part of an original approval – Poughkeepsie Road as per the oral and written testimony of the applicant and the site plans submitted, “Record subdivision Plan prepared for William Paley – Poughkeepsie Road” dated 01/27/2006 revised to 2/24/06, “Site Development Plan” dated 1/27/2006 revised to 12/5/06 and “Soil Erosion and Sedimentation Plan” prepared by Arthur Howland.

As part of the aprpoval, 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# 474 - Cooks-Randall Show Cause Remediation – Show Cause/Notice of Violation – order still in effect.

Mr. Andrew Cooks addressed the commission regarding the ongoing issues, with both Mr. Cooks and staff, Ms. Griswold Nelson advised the commission that town staff was moving forward in order to resolved the issues and that a driveway permit for the partially constructed driveway had been received with the plans to be reviewed by the Planning & Zoning commission’s engineering consultant to address the proper method to move forward.

OTHER BUSINESS;

Revocation of permits – Greenberg/Flat Rocks Road– follow up from IWEO.

Ms. Griswold Nelson addressed the commission regarding a recent site visit with the Grennberg’s to address open issues. In response to questions as to the mapping and engineering details provided to the commission during the original approval process, it was stated that the applicant’s representative had not submitted engineered plans for the two dams in questions on the site. Ms. Griswold Nelson was instructed to contact the property owners and request the submission of “signed and sealed” engineered plans for the newly created dam as well as the existing spillway currently in a state of disrepair.

CORRESPONDENCE

Copies of Habitat, “Can you Ace Your River Report Card” by Housatonic Valley Association were distributed to commission members.

Correspondence (mapping) received from Rick Stone, the Cornwall highway foreman regarding the cleaning of a silt pond on Dibble Hill Road was reviewed by the commission.

Motion Mr. Simont, second Mr. Kane, to adjourn at 8:30PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson