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2009-09-01 INLAND WETLANDS AND WATER COURSES COMMISSION SEPTEMBER 1, 2009 MEETING MINUTES The monthly meeting of the Inland Wetlands and Watercourses Commission was called to order by Chairman Michael Balinskas at 7:00 p.m. on Tuesday, September 1, 2009 in Room 8 of the Berlin Town Hall, Berlin, CT. ATTENDANCE: Chairman Michael Balinskas, Commissioners Neil Young, Richard Poudrier, Mike Cassetta, Fred Pindar, Patrick Serra, Steven Alessi-Alternate (seated), Mark Rochette-Alternate (not seated), and Jim Horbal, Agent to the Commission. MINUTES: The minutes of the July 7, 2009 meeting had been previously mailed with the monthly packets. The minutes were approved by unanimous consent. AUDIENCE OF CITIZENS: Mr. Jim Horbal requested that the Commission add an application by the Town of Berlin for the Veterans Memorial Park at Massirio Drive to the agenda. The application number would be 09-06WF. Commissioner Balinskas entertained a motion to allow the application as item number 2 on the agenda, allowing the other items to follow in order. Commissioner Cassetta moved to add Application 09-06WF to the agenda. Seconded by Commissioner Young. The motion was passed unanimously. REGULAR MEETING Application 09-05WF - Proposal by the Town of Berlin to replace the Beckley Road Bridge which . lies within both a wetland and flood hazard zone Mr. Horbal explained that the Town realizes the impact on the wetlands and flood plain at this bridge. MBA Engineering is preparing all the calculations to make a full presentation next month. th Mr. Horbal suggested that this application be moved to a public hearing for the October 6 meeting in order to hear concerns from the neighbors and those impacted by this project. Commissioner Serra moved to hear Application 09-05WF in a public hearing on October 6, 2009. Seconded by Commissioner Pindar. The motion was passed unanimously. Application 09-06WF - Proposal by the Town of Berlin to construct a pedestrian bridge, boardwalk, observation deck and related appurtences in both a wetland and flood hazard zone on Lot 14, Block 84, Massirio Drive- Veterans Memorial Park. Mr. Horbal explained the application and due to the impact to the wetlands and a flood plain, he would recommend that it go to public hearing next month. There will be a pedestrian bridge, boardwalk, observation deck, gazebo, aerated fountains, and the memorial for the Veterans all in this area. Page 1 of 4 Commissioner Poudrier moved to hear Application 09-06WF in a public hearing. Seconded by Commissioner Young. The motion was passed unanimously. OTHER BUSINESS TO COME PROPERLY BEFORE THE COMMISSION: Notice of Violation - Peter and Anthony Niro - 809 Spruce Brook Rd. a) There was no representation for the violation, but Mr. Bongiovanni spoke with Mr. Horbal by phone today (9/1/09) and said they had failed to prepare another application and would be prepared next month. Notice of Violation - Edward, Gary, and Richard Riedel - 1059 High Road b) Mr. Horbal reported that he had been out to the property, and it looks as though there is some stabilization beginning to take place. Commissioner Poudrier questioned the fill that looked to be placed there just recently. There is some broken equipment near it. The silt fencing is only three quarters of the way across and there is activity down below that Mr. Poudrier questioned. Commissioner Young commented that he did exactly what the Commission asked of him. Put up the silt fencing and stabilize the area. Mr. Riedel explained that he was told he could have enough fill placed there to level out the area provided it didn’t go over the edge. He explained that he put silt fencing up on the upper area and an area down below. He also had it flagged and didn’t need to. Mr. Riedel explained that he frequently asked Mr. Horbal if he could place fill on the property and it was okay. Mr. Horbal clarified that as long as it didn’t go into a wetland area, but if it encroached into a wetland, that would become a problem. Mr. Horbal explained that the silt fence doesn’t run the length of the property, but it isn’t all near a wetland. Mr. Balinskas questioned if the conditions have indeed been met. Mr. Poudrier still questioned the placement of fill. Mr. Riedel reported that he was just trying to correct the washed out area. The roller belongs to the renter. Mr. Young has been by twice and felt that enough growth has come in to stabilize the area. Mr. Pindar reported that he saw the same situation that Mr. Horbal saw. The property abuts New Britain and material is constantly being dumped there, so he asked New Britain to post signs there. Commissioner Poudrier suggested that if Mr. Riedel didn’t want fill placed on his property, he should ask them to stop the activity. Mr. Riedel had the fill placed there to stop the wash out. Mr. Balinskas asked that the silt fencing is in place and stabilization has taken place so we can take it off the agenda, but it has the potential to show up again. Mr. Riedel said he can’t control dumping on the abutting property. Mr. Poudrier would like to monitor the area for a while. The violation will be taken off the agenda. Notice of Violation - Paul Califiore, 61 Stillmeadow Lane, Berlin c) Mr. Horbal explained the submitted plan with the Commissioners, and Mrs. Califiore was present. Mr. Horbal explained that the print clearly shows activity in an encroachment area set forth by previous land developers. Commissioner Poudrier had been out to the site and didn’t feel there was much of an impact on the area. Chairman Balinskas reminded the Commissioners that there should not be any activity in the designated encroachment area. Mrs. Califiore said they were Page 2 of 4 never informed of any restrictions on the property at the time of their purchase. Mr. Horbal suggested that they speak with their attorney and see what he has to offer as a resolution. Mrs. Califiore had no resolution. There is a shed, a deck, and masonry work all in the encroachment area. Chairman Balinskas suggested that all the Commissioners take a look at the property before the next meeting. There is no room for mitigation on the property. The violation will be continued. Notice of Violation - Boston & Maine Corporation - rear New Britain Road d) Representatives from the Boston & Maine Corporation were present to hear concerns regarding the train track area on New Britain Road (most specifically near the doctor’s office and restaurant nearby that flood with heavy rains). After a brief discussion, it was decided that each piece of property affected by the flooding would be looked at individually for a solution, and someone from Boston & Maine would keep the Commissioners informed of the progress. There seems to be two property owners who have encroached enough on the property to cause this flooding, and they will likely end up in a legal dispute concerning the matter before it is finally corrected. Northeast Utilities – 61 Massirio Drive – Discussion e) Mr. Horbal received a letter from the project manager with Vanasse Hangen Brustlin, Inc. (VHB) that included the Site Maintenance Plan for the above state project. A detailed description of the activity is stated in the letter (on file in the office). There should be no significant impact to a wetlands during the restoration at the former ABC Supply building. Appropriate erosion control methods will be used to protect the wetlands and the drainage system along Massirio Drive in that immediate area will be cleaned of debris and sediment. #127 Worthington Point Road – Discussion f) Contractor Michael Nadeau was present with the property owner, Kathleen Welch, to explain about the proposal to demolish the existing house and build a new one (twice the square footage) in the same area. Mr. Horbal explained that when the permit came across his desk, he was concerned about the potential impact to the wetlands and wanted the Commission to look at the plans. After a discussion of the possibilities, it was decided that the contractor would install all necessary erosion control measures suggested by Mr. Horbal before proceeding with the construction. Correspondence g) – Mr. Horbal explained that he had to send a letter to a resident at 36 Surrey Lane regarding some streamside encroachment into Hatchery Brook requesting that the materials all be removed by September 15, 2009 or face a violation. Page 3 of 4 Meeting Schedule Discussion h) – Mr. Horbal had previously mailed the Commissioners a request to cancel the November 3, 2009 meeting due to it being an election night and other conflicts. He requested that a special meeting be scheduled for Tuesday, October 27, 2009 in its place. The change was accepted by unanimous consent. IWWCC Regulations Review Process - i) The Commissioners spent time reviewing the regulations. ADJOURNMENT: Commissioner Serra moved to adjourn the meeting at 8:50 p.m., seconded by Commissioner Young. The motion passed unanimously. Lecia Paonessa Recording Secretary Page 4 of 4