CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY

MINUTES OF THE

REGULAR MEETING OCTOBER 2, 2007 CORNWALL TOWN OFFICE BUILDING


Present: Regular members Roger Kane, Doc Simont, Alternates Andrew MacDavid and Adam Fischer and Land Use administrator Karen Griswold Nelson.

Absent: D. Stevenson Hedden, Celia Senzer and William Hurlburt


Vice chairman Roger Kane called the meeting to order at 7:40PM in Cornwall Town Hall. Alternate Andrew MacDavid was seated for regular member Steve Hedden and alternate Adam Fischer for regular member William Hurlburt.


APPROVAL OF MINUTES: September regular meeting.

Motion Mr. MacDavid, second Mr. Simont, to approve the minutes of the September meeting with the correction of the spelling of Mr. MacDavid’s name under the first two motions: unanimously approved.


PENDING APPLICATIONS:

App #497 – Stephen and Susan Saccardi applicants/owners – Petition for a declaratory ruling and/or regulated activities for a brook crossing for the reclamation of previously existing pasture land – 110 Warren Hill Road. Accepted at the August 7th 2007 meeting.

Stephen Saccardi addressed the commission regarding his plans to reclaim pasture land across the brook behind his single family residence. Mr. Saccardi provided a construction sequence and plans showing the areas of wetlands, the proposed access path for his farm animals to cross the brook, and the areas of proposed clearing. Mr. Saccardi stated that the brook was dry certain times of the year, pointing out areas in which he wished to move rocks to re-line a swimming hole and edges of the brook. Mr. Saccardi stated that the proposed work, using an excavator with a 30 foot reach, was to be done before winter, stating that the path was already mangled by a previous excavation. Mr. Saccardi, noting that all of the wetlands were flagged, stated that he had no intention of chopping down trees.

In response to questions, Mr. Saccardi stated that Josh Tyson was the contractor to be doing the work but that he would assume the ultimate responsibility for erosion and sedimentation controls.

Motion Mr. Simont, second Mr. MacDavid to approve the application of Stephen and Susan Saccardi applicants/owners for regulated “non-significant” activities for a brook crossing for the reclamation of previously existing pasture land – 110 Warren Hill Road as per the site plan presented “Proposed subdivision plan showing property of Gary Guilman, prepared by Peter Lamb, dated July 15, 2000” and construction sequence supplied; unanimously approved.


App #500 – Art Schor and Emanuel Stern co-applicants/owners – Petition for a declaratory ruling and/or regulated activities for pond maintenance, possible repair of a dam and removal and disposition of material in regulated wetlands areas – 74/76 Flat Rocks Road. Accepted at the September 4, 2007 meeting.

The commission tabled discussion and action on the application until the end of the meeting or the arrival of the applicant, as expected.


NEW 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.

No one was in attendance to represent the application.

Ms. Griswold Nelson advised the commission that she had visited the site and that the areas proposed for clearing were in and around wetlands soils as well as a perennial watercourse. The commission directed staff to contact the owners or their representative and have the areas proposed for clearing and for the installation of a curtain drain staked and flagged prior to the next meeting.

Motion Mr. Fischer, second Mr. Simont, to accept the application 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 and to table further discussion and decision on the application to the Wednesday, November 7th meeting. (To be listed under “Pending applications”): unanimously approved.


App#502 – Martin Horner applicant/owner – Replacement of an existing driveway culvert with a bridge – 87 Furnace Brook Road.

Mr. Brian Neff, PE with an office in Roxbury provided plans showing the proposed installation of an existing driveway culvert with a 12’ wide by 8&1/2 foot high arched bridge/culvert.

Motion Mr. Fischer, second Mr. Simont, to accept application App#502 – Martin Horner applicant/owner – Replacement of an existing driveway culvert with a bridge – 87 Furnace Brook Road and to table further discussion and decision on the application to the Wednesday, November 7th regular meeting. (To be listed under “Pending applications”): unanimously approved.


App# 503 - Samuel & Lynn Waterston applicant/owners – Regulated activities associated with driveway construction for a single family residence – Great Hollow Road.

No one was in attendance to represent the application. Plans as submitted were reviewed with concerns raised as to areas of stockpiling of the excavated material.

Motion Mr. Simont, second Mr. Fischer to accept App# 503 - Samuel & Lynn Waterston applicant/owners – Regulated activities associated with driveway construction for a single family residence – Great Hollow Road and to table further discussion and decision on the application to the Wednesday, November 7th regular meeting. (To be listed under “Pending applications”): 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.

No one was in attendance to represent the application.
Mr. Fischer advised the commission that conversations with Mr. Marino reflected his intent to expand and clean up an existing pond and consider other site improvements for creating additional sources of water for agricultural purposes. Ms. Griswold Nelson was to contact the property owners and request that the areas for pond expansion and the new silt pond be marked for inspection by commission members.

Motion Mr. Fisher, second Mr. MacDavid, to accept 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 and to table further discussion and decision on the application to the Wednesday, November 7th regular meeting. (To be listed under “Pending applications”): unanimously approved.





App #500 – Art Schor and Emanuel Stern co-applicants/owners – Petition for a declaratory ruling and/or regulated activities for pond maintenance, possible repair of a dam and removal and disposition of material in regulated wetlands areas – 74/76 Flat Rocks Road

Mr. Brian Neff stated that while he was not in attendance to represent the applicants that he had met with Mr. Schor regarding the preparation of engineered plans for future pond maintenance but that those plans were not yet even started. With note made that the pond had been restored to normal levels and Mr. Schor advised that no further draw-downs would be permitted without a permit in place, the commission asked that Ms. Griswold Nelson and Mr. Neff contact the applicants and recommend that the application be withdrawn.

Motion Mr. Fischer, second Mr. Simont, to table action on the application App #500 – Art Schor and Emanuel Stern co-applicants/owners – Petition for a declaratory ruling and/or regulated activities for pond maintenance, possible repair of a dam and removal and disposition of material in regulated wetlands areas – 74/76 Flat Rocks Road; unanimimously approved.


OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.

Update on Furnace Brook Farm application.

Ms. Griswold Nelson advised the commission of ongoing work on the site with changes to the approved plans to reflect Mr. Kane’s recommendations that a 12” pipe be replaced with a 15” pipe on the upper part of the driveway.


ADJOURNMENT

Motion Mr. Simont, second Mr. MacDavid to adjourn at 8:40PM; unanimously approved.


Respectfully submitted,


Karen Griswold Nelson