2009-03-03
INLAND WETLANDS AND WATER COURSES COMMISSION
MARCH 3, 2009 MEETING MINUTES
CALL TO ORDER:
The meeting of the Inland Wetlands and Water Courses Commission was called to order by
Commissioner Michael Balinskas at 7:05 p.m. on Tuesday, March 3, 2009 in Room 8 of the
Berlin Town Hall, Berlin, CT.
Present: Commissioners Michael Balinskas, Neil Young, Fred Pindar, Michael Cassetta, Patrick
Serra, Mark Rochette-Alternate (Seated), Steven Alessi-Alternate (Seated), and Jim Horbal,
Agent to the Commission.
Absent: Richard Poudrier, and Antonio Peronace
Commissioner Balinskas requested some additions to the agenda.
Commissioner Serra moved to change correspondence to the last item, and add 3e (meeting
schedule changes) to the agenda, seconded by Commissioner Pindar. The motion passed
unanimously.
Commissioner Pindar moved to add 3f (review of regulations) to the agenda, seconded by
Commissioner Cassetta. The motion passed unanimously.
APPROVAL OF MINUTES:
Commissioner Young moved to approve the February 3, 2009 minutes, seconded by
Commissioner Rochette. The motion passed unanimously.
Commissioner Serra moved to table the minutes of the December 2, 2008 meeting and the
January 6, 2009 meeting, seconded by Commissioner Pindar. The motion passed unanimously.
AUDIENCE OF CITIZENS:
Commissioner Balinskas invited anyone from the audience to speak.
Public Works Director and Town Engineer, Arthur Simonian, introduced himself to the new
Commissioners, gave his credentials, and offered his support on projects where needed.
Attorney Dennis Kern introduced himself to the new Commissioners as President of the Berlin
Land Trust and emphasized that the Wetlands Commission (as far as the Berlin Land Trust is
concerned) is one of the most important Commission's to them in helping them deal with
Environmental interests in our Town. He offered assistance in training expenses for workshops
for Commissioners due to the importance of understanding State Statutes as they apply to the
Regulations which they must administer.
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PUBLIC HEARING:
Application 09-01WF
– Proposal by the Town of Berlin to replace the Beckley Road Bridge
which lies within both a wetland and flood hazard zone.
REPRESENTING THE APPLICATION
Mr. Bart Bovee, of MBA Engineering, sent correspondence regarding the status of the project.
He has received the raw hydraulic channel and flow data from the FEMA Flood Insurance Study
(FIS). Unfortunately, the data provided are printed copies from the original flood study
computer generated outputs, and are not in any electronic format. Transposing and adjusting the
data into an older computer flood flow model (Hec-2) has taken far long time than he had
originally anticipated. Once the Hec-2 model is correctly functioning, he will electronically
export the data into the New Hec-Ras model, that is required by the Army Corps of Engineeers
(ACOE) and the CT DEP, generating the required reports. He will not have the final flow
models and analysis completed before the March meeting. He does anticipate having the
analysis within the next two weeks so he can make the formal submissions to the ACOE and
DEP, and have a completed package for the IWWCC for the April meeting.
Commissioner Serra moved to continue the Public Hearing on Application 09-01WF until the
April 14, 2009 special meeting, citing the above referenced information by the Engineer,
seconded by Commissioner Cassetta. The motion passed unanimously.
Application 09-02W
– Proposal by Peter Niro to place fill in a wetland area on Lot #19, Block
144, 809 Spruce Brook Road.
REPRESENTING THE APPLICATION
Mr. Alan Bongiovanni (licensed Land Surveyor in the State of Connecticut), of the BGI Group
in Newington, sent correspondence regarding the application.
Since the last meeting, he has directed Soil Science and Environmental Services to 1.) Certify the
limits of wetlands as shown on our map 2.) provide an assessment of the remaining wetlands on
site as well as an assessment of the work already done, and 3.) review the existing property to
determine if there are any potential areas for wetlands mitigation. This work is scheduled to be
completed prior to the April wetlands meeting. He has also contacted Wendy Goodfriend to
arrange a meeting to discuss Best Management Practices for on-going maintenance and operation
of this farm operation, and any recommendations she may have to enhance the work already
done. The owner, Mr. Niro, contacted Art Simonian with regard to potential offsite mitigation
areas. Before the next meeting, Mr. Niro will also be exploring options for management of the
animal waste.
Mr. Niro was available to answer questions, and requested that the hearing be continued to next
month.
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Commissioner Serra moved to continue the Public Hearing for Application 09-02W until the
April 14, 2009 special meeting citing the above mentioned information, seconded by
Commissioner Young. The motion passed unanimously.
REGULAR MEETING:
Other Business Come Properly Before the Commission:
a) 809 Spruce Brook Rd. Violation - Peter and Anthony Niro
Chairman Balinskas explained to the Commissioners that this violation is what initiated the
previously discussed application, so this will remain open until the application is resolved.
Commissioner Alessi moved to table the violation until next month, seconded by Commissioner
Pindar. The motion passed unanimously.
b) 1059 High Road Violation - Edward, Gary, and Richard Riedel
Mr. Gary Riedel was present to inquire as to what it would take to be dismissed from this
violation. Mr. Horbal commented that the Commission knew the stabilization was in place, but
that the weather was the biggest factor in compliance.
Chairman Balinskas will need to continue the violation until stabilization is complete, but there
won't be a need for Mr. Riedel to report back to the Commission until Mr. Horbal has reported
that the area looks stable.
Commissioner Serra moved to table the violation until next month, seconded by Commissioner
Cassetta. The motion passed unanimously.
c) 2009 Municipal Inland Wetland Commissioner's Training Program
Mr. Horbal mailed each Commissioner the brochure regarding the up-coming training seminars
and requested that as many attend as possible. Registration forms can be submitted to the
secretary for further processing.
d) 274 Norton Road - Release of Certificate
Mr. Horbal had been requested to release the above referenced property for the records. He
made a site visit and found the area of concern to be satisfactory, and is therefore asking the
Commission to release the property.
Commissioner Serra moved to release the certificate for 274 Norton Road, seconded by
Commissioner Alessi. The motion passed unanimously.
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e) Meeting Schedule
Mr. Horbal suggested that the Commission consider moving the April meeting to the following
Tuesday (April 14, 2009) due to the fact that April 7th will be the annual Town Hearing for the
budget, and he would be required to be there (and others might also like to be there) instead.
Commissioner Young moved to re-schedule the April meeting until April 14, 2009, seconded by
Commissioner Alessi. The motion passed unanimously.
Mr. Horbal also mentioned that he will be out of town for the regularly scheduled May meeting,
and requested that it be moved to May 12, 2009.
Commissioner Alessi moved to re-schedule the May meeting until May 12, 2009, seconded by
Commissioner Cassetta. The motion passed unanimously.
f) Regulation Revisions Discussion
Chairman Balinskas led a discussion with the Commissioners about spending time at a meeting
to get the regulations revised. The secretary has drafted the revisions from the State model
regulations and is ready for the Commissioners to give further direction. It was decided to try to
devote some time next meeting to reviewing Sections 1-6.
g) Correspondence
The Commissioners were notified by the Connecticut Freedom of Information Commission that
the re-scheduled continued hearing was withdrawn by complainant John Luddy.
ADJOURNMENT:
Chairman Cassetta moved to adjourn the meeting at 7:50 PM, seconded by Commissioner
Pindar. The motion passed unanimously.
Lecia Paonessa
Recording Secretary
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