CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY

MINUTES OF THE

REGULAR MEETING JANUARY 2, 2008 CORNWALL TOWN OFFICE BUILDING

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

Absent: Doc Simont and Alternate Adam Fischer.

Chairman Hedden called the meeting to order at 7:35PM in Cornwall Town Hall. Alternate Roger Kane was seated for regular member Doc Simont

APPROVAL OF MINUTES: December regular meeting.

Motion Mr. Kane, second Mr. Hurlburt, to approve the minutes of the meeting with the inclusion of Doc Simont in the list of attendees and the correction of Mr. Hedden’s name in the “Correct and Restore order”: unanimously approved.

PENDING APPLICATIONS:

App #508 – Paul and Joan Rogala – “After-the-fact” activities within wetlands soils – 11 Johnson Road. (Accepted at the December meeting)

The commission discussed the particulars of the application with Mr. and Mrs. Rogala and their legal counsel, Attorney Charles Ebersol including the impact of beaver activity on and around the site. Mr. Hedden addressed the status of the road as shown on the mapping supplied, stating that his site walk showed that road was not clearly defined and that the site was quite wet and contained standing pockets of water in areas of proposed agricultural activities. With recommendations that the road be flagged, it was commission consensus that the proposed and ‘after the fact” clearing of tall grasses, brush and small trees was related to the use of the site for agricultural activities including the restoration of agricultural land for the pasturing of horses. It was also commission consensus that any changes to the road including any filling, excavation or raising of grade for access would require the submission of an application for regulated activities. Mr. Hedden suggested that the cut brush be left to rot on site with explicit direction given that any burning of brush piles would require permits from the Selectman’s Office and was not within the purview of the Inland wetlands agency to grant.

Motion Mr. Hurlburt, second Mr. MacDavid, to approve App #508 – Paul and Joan Rogala – “After-the-fact” and proposed activities limited to the cutting of tall grasses, brush and small trees within wetlands soils (as shown on mapping supplied) as part of the restoration of agricultural land for agricultural purposes– 11 Johnson Road as per the oral and written testimony of the applicant and their legal representatives: unanimously approved.

NEW APPLICATIONS: None.

ENFORCEMENT ACTIONS:

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

Motion Mr. Hurlburt, second Mr. Kane, to lift the CEASE AND DESIST – Activities within regulated areas without a permit – Joan and Paul Rogala owners – 11 Johnson Road based on the submission and approval of an application for said activities: unanimously approved.

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

Based on site visits by commission members to view the existing conditions at 70 Kent Road, including disturbed and non-stabilized areas of the site near wetlands and watercourses and possibly within regulated areas, the commission directed staff to consult with town counsel regarding legal measures to be considered so as to legally access and stabilize the site if the property owners fail to comply with the enforcement order issued.

OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.

Lynn Fowler and Phil Hart from the Housatonic River Commission addressed the commission regarding imminent activities being proposed by the DEP near the “garbage hole” south of the covered bridge and within regulated areas including the construction of a bolder deflector and a handicapped fisherman’s ramp. Mrs. Fowler and Mr. Hart addressed the River Commission’s issues with the proposed activities and asked for input from the Inland Wetlands commission based on the proximity of the activities in and around the river.

Based on the lack of the submission of a formal application by the DEP and the commission’s stated purview in terms of action only on formal applications, commission consensus was that the commission lacked the information necessary to make an informed decision in terms of possible impact to the river.

INLAND WETLANDS OFFICER REPORT.

None.

ADJOURNMENT

Motion Mr. Kane, second Mr. Hurlburt, to adjourn at 8:03PM: unanimously approved.

Respectfully submitted,

Karen Griswold Nelson