AREGULAR MEETING OF THE CORNWALL INALDN WETLANDS AND WATERCOURS

CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY

MINUTES OF THE

REGULAR MEETING SEPTEMBER 4, 2007, CORNWALL TOWN OFFICE BUILDING

Present: Chairman D. Stevenson Hedden, regular members Roger Kane, William Hurlburt, Alternate Andrew MacDavid and Land Use administrator Karen Griswold Nelson.

Absent: Celia Senzer, Doc Simont and alternate Adam Fischer.

Chairman Steven Hedden called the meeting to order at 8:00PM in Cornwall Town Hall. Alternate Andrew MacDonald for regular member Celia Senzer.

APPROVAL OF MINUTES:

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

PENDING APPLICATIONS:

App #492 Denscott Pool and Spa applicant/Arthur Strassle owner – Petition for a declaratory ruling for the cleaning and maintenance of silt ponds – 195 Great Hill Road. Accepted at the June 5, 2007 meeting.

Mr. Kane prefaced the discussion by stating, based on personal experience as an abutting neighbor to the site, that the removal of 60 cubic yards might be difficult to achieve.

Mr. Steven Romano, representative from Denscott Pool and Spa, addressed the overall application, providing a construction sequence (dated September 4, 2007) for commission consideration. After review of the plans provided, questions were raised regarding the single culvert pipe shown under the driveway with observations made that while a second pipe was in evidence, that the lower pipe was the one in need of repair. Discussion ensued as to the timing of the work with agreement that based on the current dry conditions, that work could begin immediately and if not, upon notification to the Land Use office, to ensure that all erosion and sedimentation measures were in place.

Motion Mr. Kane; second Mr. Hurlburt, to approve application App #492 Denscott Pool and Spa applicant/Arthur Strassle owner – Petition for a declaratory ruling for the cleaning and maintenance of silt ponds – 195 Great Hill Road as per the oral and written testimony of the applicants and their representatives and as per the site plan and construction sequence provided.

Accordingly, feasible and prudent alternatives were considered and the commission approval of the application is based on its finding that the application represents the most feasible and prudent alternative available. As part of the approval, 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 #497 – Stephen and Susan Saccardo 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 7^th 2007 meeting.

Mr. Hedden stated that he had visited the site that afternoon

Mr. Stephen Saccardo addressed the commission regarding his proposal to cross the brook behind his single family residence in order to reclaim pasture land. Addressing his wishes to also reline the brook channel as part of the process, Mr. Saccardo stated that he would not be clearing in wetlands areas nor did he intend to pasture animals (livestock) in wetlands areas.

Based on his site visit, Mr. Hedden recommended that the wetlands on the site be re-flagged and that the areas proposed to be cleared and the path of the crossing be staked out. Mr. Hedden suggested that the proposed area of the crossing be reconsidered based on the topography of the site.

Motion Mr. Kane, second Mr. Hurlburt, to table further discussion of App #497 – Stephen and Susan Saccardo applicants/owners for regulated activities for a brook crossing for the reclamation of previously existing pasture land – 110 Warren Hill Road to the October 2, 2007 regular meeting: unanimously approved.

App #498 – Longview Holdings LLC owner/David Wilson PE agent- Construction of a .5 acre pond in a non-wetlands pasture area – South Road. Accepted at the August 7, 2007 meeting.

Mr. David Wilson, agent for the owners, addressed the plans provided to create a .5. acre 12’ to 14’ deep, 70 to 100 feet wide pond complete with an emergency spillway for use in conjunction with agricultural activities (watering of large animals) on the overall site. The construction sequence, outlining the removal and disposition of some 3500 yards of material, and made part of the plans was reviewed with agreement that all concerns had been answered and that the application was complete.

Motion Mr. Hurlburt, second Mr. Kane, to approve App #498 – Longview Holdings LLC owner/David Wilson PE agent- Construction of a .5 acre pond in a non-wetlands pasture area – South Road as per the oral and written testimony of the owners and their agent and as per the site plan submitted, “Farm Pond, Longview Holdings LLC prepared by David Wilson, dated August 2, 2007.”

Questions were raised regarding the consideration of the pond for fire protection. In response, Mr. Wilson stated that a dry hydrant, as shown in the plans and specified as #9 in the construction sequence, would be installed with a 6” connection but based on the location, that the pond was not readily accessible for public use.

App #499 – Ben Nickoll owner/Andre La Fontan applicant – Re-grading and remediation for water management on the Furnace Brook Farms site – 344 Furnace Brook Road. Accepted at the August 7, 2007 meeting.

Mr. Bart Clark, professional engineer and principle of Oakwood Environmental Associates and representative for the property owners, gave an overview of the application and developments on the site since the submission of the application, including some grading by Mr. LaFontan and the installation of temporary check dams in the swale on the bottom slope of the site (between the residence and the blacksmith shop). Mr. Clark stated that the scope of the application was being limited to work to be done in the area between the residence to the connection to Route 4 with plans for the remediation and reconstruction of the deteriorated slope behind the existing residence to be addressed later based on the timing and scope of the work to be done.

Mr. Clark addressed details as shown on the map submitted for the record that evening, entitled, “Sunset View LLC – Driveway Drainage Plan” dated 9/4/2007 pointing out that his calculations showed that 2&1/2 acres of land would drain to Catch basin 1 and that the installation of 12” perforated pipe below 12” of earthen cover as part of the earthen swale would handle the drainage as calculated. In response to the verbal information supplied, it was requested (Mr. Kane) that drainage calculations be supplied.

It was stated that TRACS from New Preston, represented by Stuart Tracy in the audience, would be undertaking the work on the site in the near future and would be the contact person for the Land Use office for erosion and sedimentation controls.

Motion Mr. Hurlburt, second Mr. Kane, to approve App #499 – Ben Nickoll owner/Andre La Fontan applicant – Re-grading and remediation for water management on the Furnace Brook Farms site – (between the residence to the connection to Route 4) - 344 Furnace Brook Road as per the oral and written testimony of the applicant and the site plan presented, “Sunset View LLC – Driveway Drainage Plan” dated 9/4/2007

Approval is contingent upon the submission and approval of the Drainage calculations by the Land use office.
The project engineer was to provide supervision of the project at the expense of the land owner with the project engineer to provide a signed certificate of compliance to the Land Use office upon the completion of the project.

As part of the approval, 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.

NEW APPLICATIONS:

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.

No one was in attendance to represent the application.

Ms. Griswold Nelson advised the commission that the application was in response to the recent complete and sudden emptying of the pond, an activity that had resulted in complaints from the DEP fisheries department to the Land Use office regarding the downstream impact. Ms. Griswold Nelson, referencing conversations on site with Mr. Schor, stated that some work to remove weeds and vegetation in the pond had already been started but that the pond had been re-filled that weekend based on the “emergent” need to restore the pond to a level that would reach an in-pond pump house used to supply water to the residences. Discussion ensued as to future plans, as expressed by the property owners to remove additional vegetation in the pond, to excavate silt and debris from the pond, to reshape the banks and to possibly repair the existing concrete dam.

Based on the information supplied, the commission agreed that the application as submitted was to restore the pond to its original state and that any additional and/or future repairs would require additional information accompanied by proper permits. It was commission consensus that any proposed repairs to the dam would require the submission and approval of an engineered plan by an engineer experienced in dam repair and the submission of information as to the registration of the pond with the DEP and that any additional maintenance for activities in and around the pond would require the submission of a second application with information included as to construction sequence and procedures and erosion and sedimentation controls.

Motion Mr. Kane, second Mr. MacDavid, to accept application App #500 – Art Schor and Emanuel Stern co-applicants/owners for 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 and to table further discussion and decision on the application to the October , 2007 meeting. (To be listed under “Pending applications”): unanimously approved.

Einar Lindholm applicant/co-owner – Report to the Planning & Zoning commission for feasibility of a one lot subdivision – 238 River Road.

The commission discussed the application with agreement that previous review of the application showed approval of the regulated activities as shown on the plans supplied (two crossings) with consensus by the commission, that the minutes of the meeting, constituted the report to the Planning & Zoning commission for consideration of subdivision approval.

It was stated that any additional activities as part of the subdivision approval, including changes to the roadway, that could result in direct impact to the wetlands on the site would require re-review and modification by the Inland wetlands commission.

OTHER BUSINESS PROPER TO COME BEFORE THE COMMISSION.

August 27, 2007 correspondence from Ben Gray addressed to Inland Wetlands commission was made part of the record. Concerns raised in the letter as to possible impact to wetlands near the Cornwall Village Post Office from the disposition of Town Highway department road sand were addressed by Mr. Hedden. Mr. Hedden stated that he was aware of the situation and that measures had been taken to stop any more road sand from being deposited in the area and that all disturbed areas were being seeded and stabilized. It was suggested that the salt in the materials distributed was negligible.

ADJOURNMENT

Motion Mr. Kane, second Mr. Hurlburt, to adjourn at 9:30PM; unanimously approved.

Respectfully submitted,

Karen Griswold Nelson

Land Use administrator