CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY
REGULAR MEETING MAY 1, 2007, CORNWALL TOWN OFFICE BUILDING
Present: Chairman D. Stevenson Hedden, presiding; regular members, Roger Kane, Celia Senzer, Doc Simont and Alternate Adam Fischer and Andrew MacDavid.
Absent: William Hurlburt.
Chairman Steven Hedden called the meeting to order at 8:00PM with all regular members seated for the proceedings. Mr. MacDavid was seated for regular member William Hurlburt.
APPROVAL OF MINUTES: April meeting.
Motion Mr. Kane, second Mr. Simont to approve the minutes of the April meeting with the correction of “generated by notes taken” to “generated from notes taken”: unanimously approved.
NEW APPLICATIONS:
App # 488 – Cheryl B Thibault applicant/owner – Regulated activities for the construction of a driveway to a proposed single family residence – 15 Johnson Road.
Dennis McMorrow, P.E. and land surveyor from Berkshire Engineering addressed the commission regarding development of the .67 acre lot accessed by a 14 foot right of way to Route 4. Mr. McMorrow provided plans showing the proposed 10 foot wide driveway and the wetlands as field delineated by George Malia, certified soil scientist. Noting the difficulty of constructing a 10 foot driveway in a 14 foot wide corridor, Mr. McMorrow addressed the areas of proposed grading on the abutting property owned by Tracy Hewat, providing a document from Tracy Hewat, (23 Johnson Road) to John Keilty (Ms. Thibault’s husband) regarding the granting of a easement for such grading. Mr. McMorrow addressed the manmade watercourse and/or perennial stream on the site and the plans to modify the existing 30” culvert for the watercourse, stating that the plans proposed some fill in the wetlands as well as areas of riprap around the outlets. Mr. McMorrow pointed out the proposed siting of a modest sized two bedroom house, stating that the existing foundation was to be removed. Mr. McMorrow addressed the areas for the gravity fed septic site and well, noting that the separation distance from the wetlands to the septic had been grandfathered.
John Keilty addressed letters to abutting neighbors regarding the development of the site and the receipt of one response from Tracy Hewat. In response to questions, Mr. Keilty, stated that most of the 700 foot long driveway was on the existing truck/farm road.
Motion Mrs. Senzer, second Mr. Simont to accept the application (with no determination of significance) and to table discussion of the application to the June 5, 2007 meeting. (To be listed under “Pending applications”): unanimously approved.
PENDING APPLICATIONS:
App #483 – Andrew Cooks/Julia Randall owners/applicants – Regulated activities for the construction of a driveway and site stabilization – 78 Whitcomb Hill Road. Accepted at the March 2007 meeting. No determination of significance.
May 1, 2007 correspondence from abutting neighbor Patrick Mulberry was made part of the record.
The commission was advised by staff that engineered plans provided by the Cooks-Randall engineer of record, Pat Hackett, were being reviewed by the P&Z commission’s consulting engineer, Rich Calkins from Northeast Consulting, LLC and that the process for the approval of the access, including a curb cut from the First Selectman and a Zoning permit for access to the single family residence was moving forward.
Andrew Cooks and Julia Randall addressed the commission regarding their ongoing work on the site to stabilize and seed open areas with input from staff that the site was being monitored for compliance. Based on the oral testimony of the staff and Mr. Cooks and Ms. Randall, no additional information was requested.
Motion Mr. Simont, second Mr. Mac David to table discussion and decision on the application to the June 5, 2007 meeting. (To be listed under “Pending applications”): unanimously approved.
App #485 – Einar Lindholm applicant/Einar and Patience Lindholm owners – Activities within regulated areas for the development of a 1 lot (re-) subdivision – 238 River Road.
Accepted at the April 2007 meeting. No determination of significance.
Staff advised the commission that Mr. Lindholm was working on completing final plans for consideration and subdivision approval by the Planning & Zoning commission. In response to clarification by staff that the Planning and Zoning Commission was asking for a report on the overall subdivision, it was stated that the commission would render such a report upon receipt of a clear and complete plan with final details for site development.
Motion Mr. Kane, second Mr. Simont, to table discussion and decision on the application to the June 5, 2007 meeting. (To be listed under “Pending applications”): unanimously approved.
App. #486 - Peter Ripley applicant/owner – Petition for declaratory ruling for pond maintenance – College Street. Accepted at the April 2007 meeting. No determination of significance.
Mr. Ripley was not in attendance to address the application.
Based on the oral and written testimony of the applicant and the mapping provided, the commission agreed that the application as presented represented maintenance. Accordingly,
Motion Mr. Kane, second Mrs. Senzer to determine that the application of Peter Ripley applicant/owner – Petition for declaratory ruling for pond maintenance – College Street constitutes as “use as of right” according to Section 4.1d d. - Uses incidental to the enjoyment and maintenance of a residential property. Such incidental uses shall include maintenance of existing structures and landscaping, but shall not include removal or deposition of significant amounts of material from or into a wetland or watercourse”. As a condition of the determination, spoils from the pond were to be stockpiled and/or spread in non-wetlands soils. As part of the determination, the Agency/Inland wetlands Enforcement Officer was to be notified 10 days prior to the start of site 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: unanimously approved.
App. #487 – Andrew Savage applicant/owner – Activities within wetlands soils for the construction of a driveway – Whitcomb Hill Road. Accepted at the April 2007 meeting. No determination of significance.
Staff advised the commission that the applicant was requesting additional time so as to provide additional information about the wetlands crossing.
Motion Mr. Kane, second Mr. MacDavid, to table discussion and decision on the application to the June 5, 2007 meeting. (To be listed under “Pending applications”): unanimously approved.
Cooks-Randall Show Cause Remediation – Show Cause/Notice of Violation – (application #474 denied/notice of violation and cease and correct order still in effect.).
See discussion under Pending application #474.
OTHER BUSINESS;
Revocation of permits and open permit #460B - Greenberg/Flat Rocks Road. Discussion with owner/applicant’s representative regarding activities allowed under Permit # 460B and information required for new permits for new site activities based on recent rain events.
Mr. Brian Malarkey, representative and principle of Nova Ventures LLC, Litchfield, Ct, addressed the commission regarding the Greenberg Flat Rocks Road site, stating that he was assuming the responsibility of overseeing the work as well as working with Mr. Kenneth Hrica, PE and licensed surveyor from Hrica Associates, Goshen, a professional engineer recently hired by Ms. Greenberg to provide an engineered plan for stabilization and remediation of the site. Mr. Malarkey and the commission discussed the status of the one permit open, #460B for stabilization of the site and the revoked permits for the repair of the dam and spillway. The commission gave input as to information that they would need as part of the new permitting process, including an engineered plan for the reconstruction of the spillway destroyed by the recent rain event, the stabilization of the banks and surrounding areas to the pond and streams, a construction sequence for the proposed work and an erosion and sedimentation control plan. Staff was to provide information in the Land Use files for Mr. Malarkey and was to work with both Mr. Hrica and Mr. Malarkey to move the process forward.
CORRESPONDENCE
April 20, 2007 correspondence from Jim Terrall to Steve Hedden in regards to the repair of the George Charlton - 251 Furnace Brook Road “bridge footing repair” was made part of the record. Concerns were raised as to the level of information supplied, with correspondence to be forwarded to Mr. George Charlton requesting that an application for “Petition for a declaratory ruling be submitted with the application to contain information as to 1. The volume of concrete to be placed in the footing, 2. a detailed construction sequence, 3. Measures for protection of Furnace Brook during the construction process, and a more detailed erosion and sedimentation control plan.
ADJOURNMENT
Motion Mr. Kane, second Mrs. Senzer to adjourn at 9:35Pm; unanimously approved.
Respectfully submitted,
Karen Griswold Nelson