MINUTES OF A REGULAR MEETING OF THE CORNWALL INLAND WETLANDS AND WATERCOURSES AGENCY HELD ON MAY 2, 2006

A Regular Meeting of the Cornwall Inland Wetlands and Watercourses Agency was held at 8:00 pm on Tuesday, May 2, 2006, at the Cornwall Town Office Building. Present were: Chairman D. Stevenson Hedden, presiding; members, William Hurlburt, Roger Kane, Celia Senzer, and James Laporta, and alternates Adam Fischer and Andrew MacDavid. Also present were Land Use Administrator Karl Nilsen and Land Use Clerk Colin Gold.

No alternates were needed at the outset of the meeting.

The Minutes of the Regular Meeting of April 4, 2006 were approved with the following amendments: Application #463 was mislabeled #464.

OLD BUSINESS

Application #455 Paul L. Cornell, Ballyhack Road (James & Susan Vanicky, Applicants)

Subdivision review and wetlands crossing for a driveway

Peter Ebersoll, Jim’s attorney indicated that Jim would withdraw his subdivision application and tonight’s meeting would only be for the regulated activity of wetlands crossing for a driveway. Karl reported that he made a site visit and everything seemed to be in order. Roger Kaine made a motion to approve the wetlands crossing and it was seconded. The motion carried unanimously.

Application #460 Karen Greenberg, Flat Rocks Road, (Tom Martinsen, Applicant)

To repair dam, clear wooded area and create new pond

Tom Martinsen submitted a plan for the location of tree plantings, and assured the Commission that he had verbal approval from Wes Marsh, of the DEP Dam Safety Division, to start his dam renovation project. The Commission did have numerous questions about the dimensions and materials Tom would be using. There were also concerns about the tree cuttings and plantings that he planned to carry out. Erosion was first on the mind of many Commission members, as well as removing native species in favor of more aesthetically pleasing ones. Steve Hedden clarified that if the application was accepted, both the dam renovation and tree removal would be included, as they are part of the same application. The motion made by Bill Hurlburt to table the issue pending detail on what trees would be left and to flag a scheme for water diversion around the dam was carried. Steve reiterated that the dam component of the application could be withdrawn and resubmitted, and since it is maintenance, it would not have to wait a month.

Application #462 Whitcomb Hill Associates, Whitcomb Hill Road

(Patrick Hackett, Applicant)

To construct a driveway and bridge

Pat Hackett appeared before the Commission. Since the driveway is at a 12-15% grade, the entire driveway will have to be paved. The Commission had some issues with runoff and drainage/erosion of the driveway while construction was taking place. Steve requested a construction procedure. Karl said that from a zoning enforcement standpoint, without a detailed construction procedure, this scenario would not be feasible. He also informed Pat that a letter requesting a 35 day extension would be needed. Pat submitted this letter to the Clerk. A motion to table was carried.

Application #463 Stephen & Victoria Montifiore, Popple Swamp Road,

(Kent Horticultural Services, Applicant)

To add to and modify an existing dwelling

Darryl from Ken Greenhouse, the Engineer and the Montifiores were present. Their application had been modified and now only includes a small addition and to fix a portion of the existing roof. They will be rethinking the outbuilding, and the ZBA setback application had been withdrawn. Bill Hurlburt’s motion to approve as modified was carried as long as a silt fence was in place before construction began.

Application #465 Glen O’Brien, Town Street, (Michael Trapp, Applicant)

To construct an inground pool

The Commission was told that the stream crossing details were not yet available for the permanent foot bridge. The Commission requested a construction procedure and notified the applicant that it would be prudent to involve an engineer in the process. The motion to table was carried. Steve advised that the application should be modified to include a stream crossing.

NEW BUSINESS

Show-Cause Hearing Julia Randall & Andrew Cooks, Whitcomb Hill Road

Karl summarized that the driveway was constructed without the benefit of a wetlands or driveway permit. Fred Laser, the builder, explained that the access drive was created in order to access the site, but that further engineering would be needed. Steve requested that the owners hire an engineer and present an application to the Commission. Karl advised that standards for a town driveway must be met and Gordon would have to sign off for a driveway cut.

Informal Discussion Vivian Ditisheim, Jewel Street

Steve notified Ms. Ditisheim that the IWC does not engage in informal discussions, they only hear applications. He advised her to consult an engineer.

Application #466 Robert and Barbara Whitford, College Street

Subdivision review

Bart Clark and Barbara Whitford appeared before the Commission. Bart told the Commission that there was not wetlands impact, so all he needed was a signoff for the subdivision review. The motion to accept was carried.

COMMUNICATIONS NONE

ADJOURNMENT

The Meeting was adjourned at 10:00.

Colin Gold, Clerk