2007/07/10
INLAND WETLANDS AND WATER COURSES COMMISSION
A regular meeting of the Inland Wetlands Watercourse Commission was called to order by Chairman
Ray Jarema at 7:00 p.m. on Tuesday, July 10, 2007 in Room 8 of the Berlin Town Hall, Berlin, CT.
PRESENT: -
Chairman Ray Jarema, Commissioners Richard Poudrier, Michael Balinskas, Neil Young, Frank
Giuliano, and Jim Horbal, Agent to the Commission. EXCUSED: Commissioners Mark D'Amore and
Patrick Serra ABSENT: Alt. Commissioners Steve Joslyn and Matt Cohen
APPROVAL OF MINUTES:
M. Balinskas moved to approve the minutes of the June 5, 2007 meeting as presented, seconded by
R. Poudrier. The motion passed four (4) in favor with one abstention.
AUDIENCE OF CITIZENS: None
PUBLIC HEARING:
R. Jarema presented the legal notice regarding Application 07-02W continued from June:
Proposal by Reservoir Hills, LLC to discharge drainage in wetland area on Lot 24, Block 12,
Reservoir Road.
REPRESENTING THE APPLICATION:
Jack Gilmartin and Fred Clark, engineers from Hewitt Engineering, spoke for the applicant. They
submitted for the file all the requested information from the Commissioners. Mr. Clark explained that
the Best Management Practices and General Water Pollution Control notes have been added to the plans.
The work sequence for the vortechnics have been added to the supplemental notes. The drainage
computations were provided on a supplemental colored copy noting the respective alpha designations.
They recently had a meeting with the Town Engineer who went through all his requirements (on file)
and met all those specifications. The piping calculations show that sufficient capacity exists to handle a
25 year storm. The outlet pipe from CB7 to the pond will be/has been increased from 15" to 18" to flow
at less than full rather than under a nominal, otherwise acceptable surcharge. The additional concern by
the Town Engineer was to add an additional perforated pipe outlet to the south will be/has been added to
further limit the northerly peak discharge to true point existing peak discharges.
R. Jarema wanted clarification of the dates of the latest plans submitted so that everyone is clear on the
direction and amount of the flow. The plans submitted to the Commission dated July 10, 2007 will
stand. The detention basin planting scheme will still be in place. Mr. Clarke affirmed that the detention
basin planting scheme prepared by the Soil Science and Environmental Services, Inc. will be in place.
M. Balinskas commented that in terms of trying to as closely match the pre and post-development flow
off the site, this plan actually sounds like its pretty close to matching anything that has been presented so
far.
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R. Jarema wanted clarification on the pipe size and easement and wants a marker to keep people from
the area. J. Gilmartin said they could add the markers like they did for Shuttle Meadow Development.
M. Balinskas was concerned that on the erosion sediment control plan that there is a construction fence
at the 100' buffer and no construction any closer to that stream. Is this a pretty straight forward
backhoed trench putting some gravel in and getting out of the area? F. Clark said that they shouldn't
need to take more than a day and a half to install the pipe. M. Balinskas wants to make clear that the
men don't go to the east of the easement. You'll be placing an additional silt fence along the rear of the
property? F. Clark said yes.
R. Jarema wants clarification on the plans for the plantings. F. Clark said July 6, 2007 and this will be
presented to the Planning and Zoning Commission as well.
R. Jarema asked if there were further questions from the public. Everything is clear with the Town
Engineer.
M. Balinskas moved to close the hearing for Application 07-02W, seconded by N. Young. The motion
passed unanimously.
J. Horbal added that in regard to the letter from Soil Science that they recommended that all erosion
control structures be inspected on a weekly basis and immediately after each one inch rainstorm until the
site is stabilized with grass and the reports be made available to the Town of Berlin. Failure to maintain
erosion and sedimentation control structures could adversely impact wetlands in the area of the cul-de-
sac and detention basin where the wetlands are the closest. Additional inspections of the area should be
conducted during the growing season for two subsequent years to ascertain survival rates. J. Horbal
wants to ascertain that these reports are submitted to the Town. N. Young wanted to know if the
mechanism is in place to enforce these measures. J. Horbal wants to see a bond or something of
assurance. M. Balinskas will add to the motion that regular reporting must be submitted to the Town
according to the recommendations of the Soil Scientist.
M. Balinskas moved to accept Application 07-02W with standard conditions and the planting scheme by
Soil Science be incorporated with the soil and erosion control methods along the easterly boundary of
the property, and regular reporting to the Town as set forth by the Soil Science recommendation.
seconded by R. Poudrier. The motion passed unanimously.
REGULAR MEETING:
R. Jarema introduced the continuance of Application 07-06W -Proposal by Shuttle Meadow
Development, LLC to construct a residential structure and related appurtenances alongside a
wetland area at Lot 4-15 Conklin Way.
REPRESENTING THE APPLICATION:
Thomas Coccomo, 24 Norton Lane, presented a revised plan dated 7/9/07 (on file) showing the re-
positioning of the proposed home holding the back line and all activity is now further away from the
back of the property. He asked if a deck or patio falls close to the wetlands, what permission does he
need. F. Giuliani said everything should be built within reason.
N. Young made a motion to approve the location of the home at Lot 4-15 Conklin Way according to the
plan dated 7/9/07, seconded by F. Giuliani. The motion was approved unanimously
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R. Jarema presented the legal notice for Application 07-07WF -
Proposal by Depot Crossing, LLC to construct a commercial development and discharge drainage
into a regulated area on Lots #1, lA, and lAA, Block 80, Farmington Avenue.
REPRESENTING THE APPLICATION:
Jeff Johnson, BL Companies, mentioned that the hearing was closed last month and he was available for
additional questions.
No further questions were asked.
N. Young moved to accept Application 07-07WF with standard conditions, seconded by M. Balinskas.
The motion carried unanimously.
R. Jarema presented the notice regarding Application 07-08WF:
Proposal by TSI Associates, LLC to construct an industrial building addition with related
improvements within both a wetland and flood hazard zone on Lot 2, Block 83A, #101 Massirio
Drive.
REPRESENTING THE APPLICATION:
Bart Bovee, MBA Engineering, representing the applicant, but the owner of TSI Associates was also
present. The existing building is down closer to the bend from the Town property and is about 14,000
square feet in size and built in 1991. They are proposing to add an additional 9,600 sq. ft. Portions of
the site contain both wetlands and flood hazard zones which will be disturbed to provide for additional
parking within the building expansion. The drainage system will be discharging into a proposed
vortechnics unit prior to its discharge into the wetland to the rear of the property. Approximately1,200
sq. ft. of wetland will be disturbed and mitigated to provide for the expansion. Mr. Bovee explained
some of his mitigation plan but fully anticipates going to public hearing with the proposal after speaking
to Mr. Horbal. Mr. Horbal stated that due to the design with the filling of wetlands and the potential for
a minimal amount of mitigation, knowing the visibility of what we're dealing with here (future plans for
parks and the general Town Center concept), he feels it should go to public hearing. It won't hold up the
process because we have the intervener status to deal with.
R. Jarema agreed but out of curiosity asked Mr. Bovee a question about the mitigation plan. Mr. Bovee
explained the vortechnics unit and another alternative of working along the edge of the wetlands and
stabilizing with rip rap to balance the area.
M. Balinskas asked if Mr. Bovee had given any thought to flipping your water and sending it north to
the tip of that building Swale and let the water just naturally run across, renovate through and come back
through underneath the drive at the entrance? Mr. Bovee answered that he had not considered it yet, but
he would look at the potential. Mr. Horbal explained that in the long run, he feels the vortechnics unit
will be a benefit and would rather keep it. M. Balinskas suggested doing both, and Mr. Bovee will look
in to the suggestion. Mr. Bovee is planning on improving the water quality for the area with the plan.
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F. Giuliani moved to go to public hearing with Application 07-08 WF, seconded by N. Young. The
motion carried with four (4) in favor and one (1) opposition.
R. Jarema asked M. Balinskas why he was in opposition. M. Balinskas commented that in terms of
changing the existing wetlands area from just a low area to a detention area or a stormwater area.. .
Mr. Bovee explained that he can't retain, it's not allowed. He said there will be stabilization issues.
Mr. Balinskas wants it to discharge so that it goes then west and wrap around the building because it
looks like you have this existing RCP across the driveway that then goes back into the water course.
Mr. Balinskas was looking at all the renovation area. J. Horbal asked if it can be done grade wise.
R. Jarema asked if the town property can benefit from the mitigation. Mr. Horbal commented that the
Town probably isn't far enough along in the big scheme of planning to say what the mitigation should
be. He prefers not to attach dollar figures to mitigation items.
R. Jarema told Mr. Bovee they would continue the discussion at the public hearing.
R. Jarema presented the notice regarding Application 07-09W:
Proposal by John McKeon, to construct a residential garage alongside awetland/water course
area on Lot 43, Block 15, 154 Stockings Brook Road.
REPRESENTING THE APPLICATION:
Mr. McKeon, property owner, and Jim Horbal to introduce the proposal to construct a detached garage
alongside his existing residence located at #154 Stockings Brook Road. Although the garage will be
located approximately 25 feet from Stockings Brook, there is a considerable change in grade + 10'
between Stockings Brook and the proposed garage which should help to minimize the potential for
disturbance to Stockings Brook.
Mr. McKeon originally applied for a variance with zoning but was sent back to Wetlands. He had the
Town Sanitarian out to locate the septic system and find the reserve area.
Mr. Jarema mentioned that it's a water course issue. They just need to go out and see the area before
next month. Mr. McKeon may need to bring in fill to keep the structure level.
Mr. Balinskas said the biggest concern will be slope stabilization. We don't want any blowouts.
Mr. Poudrier wanted to know how far he was from the brook to the golf course. The answer was one
fourth to one half mile.
Mr. Jarema said the size was 24' x 26'. Mr. McKeon pointed out the encroachment and the leaching
field.
M. Balinskas made a motion to table Application 07-09W until August, seconded by N. Young. The
motion passed unanimously.
OTHER BUSINESS TO COME PROPERLY BEFORE THE COMMISSION:
a) #81 Ledge Road-Notice of Violation and b) #88 Ledge Road-Notice of Violation
Mr. Horbal reported that the Commission recommended that Mr. Pethigal seek the advice of the Soil
Conservation Services. Mr. Jarema referenced the report from Connecticut River Coastal Conservation
District (Wendy Goodfriend) and asked if Mr. Pethigal was willing to follow that advice. Mr. Pethigal
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wanted to address the two pieces of property separately as the reports were addressed. Mr. Pethigal
represented his daughter's property at 88 Ledge Road. Everyone agreed with all the recommendations
for her property.
Mr. Jarema said that the property at 81 Ledge Road was more involved. Mr. Pethigal met with Wendy
Goodfriend for a couple of hours and she said a Soil Scientist would really need to delineate the
wetlands. Mr. Pethigal agreed that he wants to fill and smooth the area.
M. Balinskas still wants to get a clear report from a Soil Scientist to delineate the wetlands on the
property. Mr. Pethigal doesn't want to spend the money on a survey.
R. Jarema said the other option is to leave the property alone except for mowing.
Mr. Pethigal wants to use his property without aggravation.
R. Jarema asked if Mr. Pethigal is wanting to use the property for agricultural purposes.
M. Balinskas stated the Commission's responsibility is to discern what is wetlands regardless of how it
got to this point.
Mr. Pethigal said he tried to address this in a calm, rational way. Appointments were cancelled because
of the snow. They have never come out to see the property since March. I wanted to get this resolved in
an upfront manner. Then someone calls up and says I'm in violation because I have over 100 yards of
fill on the property. Then I got another violation from the same person saying I was running a
construction business from my property.
R. Jarema said he was sympathetic and felt his pain, but the fact of the matter was that there was some
clear cutting done and fill down on your property. We mentioned to you two months ago that you could
go to the Conservation District for advice.
Mr. Pethigal feels he is being watched and targeted by Mr. Horbal because he is in the construction
business and brought in fill and goes to the assessors office to see if I'm paying taxes on my business
because he has been busting me on this from the start and won't go to my meetings, so I'm very
frustrated. Mr. Jarema asked Mr. Pethigal to calm down and keep the third party information at hand
and leave Mr. Horbal out of the picture. The construction business is not the focus at this point. Ms.
Goodfriend made some good suggestions and we think the testing will be a minimal cost.
Mr. Pethigal said he will look into the cost and get back to the commission, but does not want to deal
with Mr. Horbal. Mr. Jarema will put you on the August agenda.
Mr. Jarema ordered an approval letter to Diane Pethigal and copy to Mr. Pethigal to clarify that he spoke
in behalf of his daughter (property at 81 Ledge Rd.) to follow the suggestions by Wendy Goodfriend.
N. Young moved to accept the recommendations of the Connecticut River Coastal Conservation District
for 88 Ledge Road, seconded by F. Giuliani. The motion carried unanimously.
Correspondence:
Mr. Horbal received a letter from BL Companies regarding Beckley Farms. One of the units foundation
was staked outside the box putting it four feet closer to the curb line but has no impact on the existing
wetlands.
Mr. Horbal said there was a meeting with Midsun Group regarding 378 Four Rod Road -Hatchery
Brook Homes to approve an extended ranch home for Lot #13 and it was approved by Mr. Horbal.
Mr. Horbal reported that there is a community near Middletown Road (on the east side of the turnpike)
that wants to clean and maintain the small pond there and he authorized the clean-up because it was
essentially constructed as a detention area for stormwater impacts on that sight. It was a wetlands
creation.
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Mr. Horbal received a request from Richard Hayes (the Stop & Shop developer), to clean and grade the
open area around the Town Center Park area, so the Town will be working with him in the near future.
Mr. Balinskas was wondering if the Commission was going to have input in the overall scheme of the
Town Center Park. He has seen a solar lighting product that is being used to help prevent digging in the
wetlands.
Mr. Horbal said he would keep the Commissioners informed of meetings.
Mr. Jarema noted the letter from DEP regarding 176 White Oak Drive not handling pesticides properly.
Mr. Jarema wants to send the Mayor a copy of the Commission's findings against Central CT Lawn
Service to let him know that they had dealt with them in the past regarding improper storage of their
equipment. Mr. Horbal will take care of some correspondence to the Mayor.
Mr. Horbal reported the findings at Victoria Court.
ADJOURNMENT:
F. Giuliani moved to adjourn the meeting at 8:50 p.m., seconded by N. Young. The motion carried
unanimously.
The next scheduled meeting will be August 7, 2007 at 7:00 p.m.
Respectfully Submitted,
Lecia Paonessa
Recording Secretary
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