CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY

MINUTES OF THE

REGULAR MEETING MAY 6, 2008 CORNWALL TOWN OFFICE BUILDING

Present: Regular members D. Stevenson Hedden, William Hurlburt, Celia Senzer, Doc Simont, alternates Andrew MacDavid and Roger Kane.

Absent: Regular member Adam Fischer.

Chairman Hedden called the meeting to order at 8:00PM in Cornwall Town Hall with a quorum established.

APPROVAL OF MINUTES: April regular meeting.

Motion Mr. Hurburt, second Mr. Kane, to approve the minutes of the April meeting as presented: unanimously approved.

PENDING APPLICATIONS:

App 511 – Einar Lindholm applicant/owner– Construction of a single family residence with activities within regulated areas– report to Planning and Zoning for subdivision approval.

Einar Lindholm applicant/owner addressed the commission regarding the plans to return to the original design previously approved so as to allow modifications to the bottom of Old Waller Road for improved access for fire and emergency equipment. Mr. Lindholm addressed the areas of excavation to provide a greater turning access for the larger fire trucks with note made that the new proposed areas of disturbance on the northeast side of the road were all in areas of non-regulated soils. The commission discussed the nature of discontinued road and the survey as provided showing ownership of the road for the various abutting property owners.

With agreement that the maps as provided were originally approved by the commission, Mr. Hedden requested that Mr. Lindholm withdraw his current application from consideration and therefore, the original approval constituting the report to the Planning & Zoning Commission for subdivision consideration was to be made part of the Lindholm subdivision Planning & Zoning file.

NEW APPLICATIONS:

App 512 – H. R. DePolo architect – applicant/owner – Site activities associated with the construction of a single family residence near Mill Brook – Corner of Dibble Hill Road and Route 128.

William Manasse, legal representative for H. R. DePolo, addressed the nature of the 1.1. acre lot, stating that the lot constituted the combination of two parcels that predated zoning. Mr. Manasse stated that the application as presented proposed no activities within regulated areas, pointing out that the plans as provided showed the installation of a subsurface sewerage system as approved by Torrington Area Health complying with current health code. Mr. Manasse stated that the plans as presented showed that there was no feasible and prudent alternative in terms of the site development.

Patrick Hackett, PE and professional engineer for the applicant, addressed the plans as provided in terms of the construction of the septic system, providing an erosion and sedimentation control plan and construction sequence plan. Mr. Hackett addressed particulars of the construction of the two bedroom single family residence with its own well and septic (not a guest house- Hedden), pointing out that there was to be no poured foundation. The commission discussed the difficulty of the site development based on the topography including steep slope. Based on the information supplied, the commission requested that the location of the house and the septic system be flagged as well as the location of the silt fence to be required during the construction of the site.

Mr. Manasse addressed the timing of the application, pointing out that the application did not appear on the minutes of the previous meeting and in his opinion, based on the statutes, had been received at the previous meeting. In response to questions as to whether the receipt of the application was prior to the posting of the agenda (previous Wednesday or Thursday) Mr. Manasse recommended that the wording of the statutes be addressed in terms of the timing.

Motion Mr. Simont, second Mr. Hurlburt to accept App 512 – H. R. DePolo architect – applicant/owner – Site activities associated with the construction of a single family residence near Mill Brook – Corner of Dibble Hill Road and Route 128 and to table further discussion and decision on the application to the June regularly scheduled meeting. (To be listed under “Pending applications”)

App 513 – Sunset View LLC applicant/owner – Stabilization of an existing fill slope, deposition of excavated material to re-construct a driveway, removal of accumulated sediment from an existing pond and abandonment of a small sediment pond – Furnace Brook Farm – 344 Furnace Brook Road.

Bart Clark, PE and principle of Oakwood Environmental Associates and engineering representative for the applicant, noting previous applications in front of the commission for previous activities, addressed plans provided showing the correction and remediation of an un-stabilized and unprotected fill slope near the extremely large riding ring, noting areas of surface slumping and lack of vegetation. Mr. Clark stated that the stabilization of the slope included modifying the slope back to a 3 to 1 grade and the removal and the use of the excavated material on the site to reconstruct the existing driveway to a proper and gentle graded driveway up to the top of the property. Noting that the amount of material to be excavated would exceed the amount of material to configure the driveway, Mr. Clark stated that excess material was to remain on site. Mr. Clark addressed the proposed sequence to remove material from the fill slope with an excavator and establish areas of benching so as to access the lower parts of the fill slope with excavation equipment and trucks.

In response to questions as to whether areas of cribbing would be removed, Mr. Clark stated that the in some areas, the cribbing would be removed and some areas, would remain with site conditions being taken into account. In response to questions, Mr. Clark stated that all excavation and associated activities would remain within the boundaries of the site and addressed water management on the reconfigured site.

Mr. Clark stated that as part of the closing out of the project, the applicant wished to fill in an existing pond, modify an existing pond and create a swale for water quality

With agreement that 5,000 yards was needed for the re-configuration of the driveway with 8,000 to 10,000 cubic yards as part of the plans to modify the slope to a 3 to 1 grade, Mr. Clark stated that entire project was expected to take the better part of the summer (more than 6 to 8 weeks)

In response to the information presented, Mr. Hedden asked that the top of the slope be staked for the boundary of the proposed construction as well as the locations of the culverts, boundaries of construction and all components of the drainage.

Mr. Simont raised concerns regarding the water management on the slope based on the past record of the site and asked that previous application be reviewed in comparison to the new proposal, noting that he was intending to revisit the issue a the next meeting. Mr. Clark addressed components of the original design and issues on the site since with reiteration by Mr. Simont that the matter needed to re-addressed in depth at the June meeting.

Mr. Kane addressed other issues as relating to water management including flow rates and velocity of discharge water from a 12” pipe into the swale and the pair of basins with calculations for the watershed area and volume of water to be provided for the June meeting.

Mr. Hedden re-addressed his request for location information (stakes and flags) for proposed activities on the site, including the 100 foot stations, the location of culverts, drainage and the driveway/road. Mr. Clark re-addressed various site design components and preventive measures to be taken in light of the current situation of the site.

It was stated that commission members had permission to access the site for individual site walks with arrangement made for staff to have locks for site visits. Stuart Tracy, principle of TRACS, Inc. from New Preston and site contractor and Mr. Clark were to take care of the arrangements.

Motion Mr. Hurlburt, second Mr. Kane, to accept App 513 – Sunset View LLC applicant/owner – Stabilization of an existing fill slope, deposition of excavated material to re-construct a driveway, removal of accumulated sediment from an existing pond and abandonment of a small sediment pond – Furnace Brook Farm – 344 Furnace Brook Road and to table further discussion and decision on the application to the June regularly scheduled meeting. (To be listed under “Pending applications”)

OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.

Mrs. Senzer addressed activities on the Conservation Land Trust property on Rattlesnake Road, stating the town highway crew had removed/destroyed a beaver house and breeched a dam without seeking permission from the Inland Wetlands Commission. Mr. Hedden addressed his knowledge of the activities “after-the-fact”, his discussions with town staff and the agreement reached that the Land Trust (Denny Frost with input from consultants) would be submitting a proposal to try to stabilize the water at an appropriate level. The commission discussed long term and ongoing issues with communications between the Commission, Land Use staff and the town highway department with directive given that current Land use staff was to reinstate the past practice of weekly communications between the highway department and Land Use staff as to ongoing and proposed projects that could and would have impact on the wetlands and watercourse in Cornwall.

INLAND WETLANDS OFFICER REPORT. None.

ADJOURNMENT

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

Respectfully submitted,

Karen Griswold Nelson