2013-06-04
INLAND WETLANDS AND WATERCOURSES COMMISSION
MEETING MINUTES OF JUNE 4, 2013
A meeting of the Inland Wetlands and Water Courses Commission was called to order by Vice-
Chairman Michael Cassetta at 7:10 p.m. on June 4, 2013 in Room 8 of the Town Hall, Berlin, CT.
ATTENDANCE:
Vice-Chairman Michael Cassetta, Commissioners Peter Nieman, Kate Boucher, Thomas Niemiec,
Robert Nieman, Mark Rochette, and Alternate- Marc Laviana (seated). Absent: Michael Balinskas.
Staff: James P. Horbal.
AUDIENCE OF CITIZENS:
None.
REGULAR MEETING
Application 13-01WF
Proposal by Southington Road Associates, LLC to discharge drainage and
–
construct a seven lot residential subdivision alongside a wetland, watercourse, and flood hazard zone
on Lot 12A/Block 15, # 57 Southington Road.
Vice-Chairman Cassetta requested final remarks from Mr. Inga, Engineer for the Developer.
Commissioner R. Nieman asked for a point of order. The hearing was closed last month so no new
information can be submitted. Commissioner Cassetta and Mr. Horbal commented that there were
unanswered questions/requests by the Commissioners last month, and Mr. Inga is available to answer
those questions. Mr. Inga stated that there will be no impact to the wetlands or the review area. The
design reflects all the suggestions that they are going to include in their application. Commissioner
Cassetta commented that the Commission requested forebays be installed and wanted an explanation.
Mr. Inga answered that he is not going to use forebays. The water will be taken through pipes.
Commissioner R. Nieman questioned whether test pits were dug specifically by the lower catch basin.
Mr. Inga answered that various areas were tested and all the soils for the area are the same. If the
Commission wants to require a specific site as a condition of approval, they will test it.
Commissioner Rochette questioned how the location of the lower catch basin was determined. Mr.
Inga answered that was the area of least impact on the property. Commissioner Laviana added that
there is an existing basin there now.
Commissioner Cassetta questioned the flow of the water to that detention pond. Mr. Inga answered
that the 25 year flood has nothing. The 100 year flood has some flow but they will deal with the
requirements set by the State.
A motion was made by Commissioner R. Nieman to table Application 13-01WF until the July 2,
2013 meeting. The motion was seconded by Commissioner Laviana and unanimously approved.
Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 2 of 7
Application 13-04W–
Proposal by the Town of Berlin to reconstruct an existing culvert along an
un-named water course within Berlin Street located approximately 250’ west of the intersection of
Berlin Street and Redwood Lane.
Mr. Dennis Garceau of WMC Consulting Engineers, presented the project to the Commissioners
following the summary submitted with the application (below).
WMC Consulting Engineers has been retained by the Town of Berlin to prepare design plans for the replacement of a
cross culvert under Berlin Street. The culvert conveys an unnamed tributary to the Mattabesset River and is located
approximately 0.35 miles east of Mill Street (Route 372). The downstream section of the existing structure is in very poor
condition and is proposed to be replaced this summer.
The tributary flows in a northerly direction under Berlin Street with an upstream contributing drainage area of
2
approximately 0.19 mi (122 acres). The existing cross culvert consists of two distinct sections- an upstream 42 inch
RCP portion which is in good condition and a downstream stone masonry conduit approximately 5 feet wide by 3.5 feet
high which is beginning to collapse (see enclosed photos). The upstream channel is protected with modified riprap and
appears to have been previously channelized and straightened. The downstream channel, which is more overgrown with
vegetation, also has a straight alignment but lacks the formal riprap protection.
The proposed replacement culvert is a 64 inch by 43 inch corrugated steel aluminized pipe arch with manufactured flared
end sections. The existing manhole will be replaced with a new 10 foot diameter concrete manhole to maintain the
existing change in culvert alignments as well as handle the two existing 15 inch storm drains. An intermediate riprap
apron will be installed at the culvert outlet for erosion protection. The proposed road geometry will essentially match the
existing roadway.
Proposed project impacts are estimated to be:
Impacts
2
Temporary CT Wetland Impacts195 ft (0.0045 acres)
2
Permanent CT Wetland Impacts11 ft (0.0003 acres)
2
Total CT Wetland Impacts206 ft (0.0048 acres)
2
Temporary CT Watercourse Impacts18 ft (0.0004 acres)
2
Permanent CT Watercourse Impacts647 ft (0.0148 acres)
2
Total CT Watercourse Impacts665 ft (0.0152 acres)
2
Total CT Impacts (Wetlands & Watercourse)871 ft (0.0200 acres)
Permanent Fill within CT Wetlands & WatercourseTotal- 47 cy
Earth Fill- 30 cy
Streambed Material- 6 cy
Riprap- 8 cy
Granular Fill- 3 cy
2
Disturbance in 50ft Upland Review Area4575 ft (0.1050 acres)
Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 3 of 7
Projects impacts will primarily be within the street right-of-way. However, portions of the proposed work will extend
onto the following abutting private properties:
Upstream- Multi owner Complex, Stony Mill Lane, 17-1-145-27
Downstream- Amy & Robert Balko, 7 Redwood Lane, 17-1-133-24
During construction, Berlin Street will be closed to traffic through the project site. Construction will be performed by the
Town Public Works Department and is scheduled to start July 2013 during typical low flow periods so that the stream
flows can be pumped around the work site. The project is anticipated to take 1-2 months to complete.
The plans depict recommended erosion and sedimentation controls as well as a water handling plan and details in
accordance with the 2002 Connecticut Guidelines for Soil Erosion and Sedimentation Control. Effective control
measures are expected to be installed and maintained throughout the duration of the project. Recommended measures
include:
Perimeter sedimentation control systems (ie, silt fence and/or hay bales)
Upstream and downstream cofferdams to temporarily bypass stream flows around the work site
A pump sized to handle the estimated “average spring flow” (315 GPM recommended)
Pumping settling basin
Formalized pump intake
Stabilized construction entrance
In accordance with the ConnDOT Drainage Manual, this culvert is classified as a “Small Structure” with a 50 year design
frequency. The 50 year discharge was estimated using the USGS StreamStats application. Hydraulic conveyance for
both existing and proposed crossings was computed using the FHWA HY-8 computer program, version 7.30. The
following table summarizes the hydrologic and hydraulic design data:
2
Drainage Area0.19 mi (122 ac)ConnDOT “Small Structure”
Design Discharge Frequency50 Year
Design Discharge47 cfsBy USGS StreamStats
Recommended Min. Roadway Freeboard1 ftTo edge of roadway
Existing 50Yr Upstream Flood Elevation65.55 ftBy FHWA HY-8 program
Existing 50Yr Roadway Freeboard±2.5 ft>1 ft, OK
Existing 50Yr Culvert Outlet Velocity9.9 fpsBy FHWA HY-8 program
Proposed 50Yr Upstream Flood Elevation65.28 ft<Existing, OK
Proposed 50Yr Roadway Freeboard±2.7 ft>1 ft, OK
Proposed 50Yr Culvert Outlet Velocity9.5 fps<Existing, OK
Vice-Chairman Cassetta questioned the length of time for the project and how the road closure would
be handled. Mr. Garceau answered that it will take a couple of months, and Mr. Horbal responded
that the Town will help notify the public through notices and would prefer to perform the work during
the summer not only to take advantage of lower water tables, but to avoid the school traffic and bus
schedules during the summer. The detour would keep traffic on Main St. to Mill St. and back.
Vice-Chairman Cassetta questioned the time frame of the application approval and necessity for a
public hearing. Mr. Horbal suggested that, from a Staff point of view, due to public interest, it would
be best to hold a public hearing. The application cannot be approved tonight due to the standard
Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 4 of 7
ordinances, so conducting the hearing next month would allow the public to ask questions etc. and a
decision could be made to close the hearing and make a determination at that time.
A motion was made by Commissioner Rochette to schedule a Public Hearing for Application 13-
04W, due to public interest, for the July 2, 2013 meeting. The motion was seconded by
Commissioner R.Nieman and unanimously approved.
Application 13-05W
-Proposal by Mark Holmes to construct recreational improvements within an
Upland Review Area on Lot 42/Block 108, 146 Wildermere Rd.
Mr. Bart Bovee was present with Mr. Holmes to explain the application. Mr. Bovee had previously
submitted a site plan and explained that Mr. Holmes had constructed an asphalt basketball court for
recreational purposes in an area that he was unaware was in the wetlands upland review area. The
homes in that area of Wildermere Rd. were part of a subdivision from the 1980’s and Mr. Holmes
was not aware of any restrictions. Mr. Bovee reported that someone reported Mr. Holmes to the
Town, so Mr. Holmes came in and spoke to Staff and subsequently submitted an application to
request a permitted use of the property in the rear of his home. The home is serviced by public
sanitary so it was brought to Mr. Holmes attention that he might be requested to sign a waiver with
the water and sewer department stating that if they had to dig under the court, (the Town) would not
be responsible for the damages incurred. Mr. Horbal added that there are manholes nearby and it
would be unlikely that the need would occur. Commissioner R. Nieman questioned if there were
plans for a fence. Mr. Holmes answered, no. Commissioner Nieman added that a variance would
likely be needed if there were plans for a fence. Commissioner Rochette questioned Mr. Bovee if
there was any known negative impact, or possible future negative impact, to the area. Mr. Bovee was
not aware of any. Commissioner R. Nieman stated that he knows from the history of the area that it
was indeed an established grass lawn prior to becoming a basketball court.
A motion was made by Commissioner Rochette to table Application 13-05W until the July 2, 2013
meeting. The motion was seconded by Commissioner R. Nieman and unanimously approved.
Application 13-06F-
Proposal by Philip Molski to construct an addition to a residential dwelling
within the floodway of a Flood Hazard Zone on Lot 4C/Block 91, 114 Burnham Street.
Mr. Bart Bovee was present with Mr. Molski to present the Application. Mr. Molski is requesting
permission to construct a 450 sq. ft. addition to a residential structure located adjacent to the
Mattabassett River which FEMA mapping indicates is within the floodway. This property was before
the Commission several years ago for a garage and some mitigation was performed because of the
low elevation, but this addition is above the 100 year storm elevation. Mr. Bovee added that since
this application is strictly a floodway matter, it could be approved tonight so the homeowner could
move on with the project. Mr. Bovee added that when flooding is seen in this area, the bridge is still
actually above the water and the water passes over to the side of the property.
Vice-Chairman Cassetta questioned the suggestion of a public hearing. Mr. Horbal answered that
when the public sees activity in this area, they will possibly have questions. Commissioner Laviana
questioned how much higher than the 100 year storm elevation this area is. Mr. Horbal answered
about a foot. Commissioner Rochette questioned impacts on the Mattabassett River and Mr. Bovee
said there were none. This is an existing structure that has withstood time. FEMA changed the
elevation levels but it didn’t change where the house has always been. They are keeping the same
footprint but adding the addition. All erosion control measures would be taken during construction.
Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 5 of 7
A motion was made by Commissioner R. Nieman to schedule a Public Hearing for Application 13-
01WF, due to public interest, for the July 2, 2013 meeting. The motion was seconded by
Commissioner Niemiec and unanimously approved.
Application 13-07WF
-Proposal by Richards Machine Tool Company to construct a 4,000 sq. ft.
addition to an Industrial Facility with associated appurtenances with both an Upland Review area
and Flood Hazard Zone on Lot 13/Block 84, 80 Massirio Drive.
Mr. Bart Bovee represented the Applicant and provided the following information (submitted in the
application):
The applicant requests approval for proposed site improvements on the subject property. The
property lies along Massirio Drive and is abutted to the southeast and southwest by the Town of
Berlin (Veteran's Park) and by Veteran's Drive to the north west. The property lies within designated
Flood Hazard Zone, with a 1% chance (100 year) flood elevation on 44'. The site also lies adjacent
to inland wetland located to the southeast, on land of the Town of Berlin. The 50 foot upland review
area extends into the subject property.
The proposed development plan includes the expansion of the existing building, with a 4,032 (+/-)
Sq. Ft. addition. The existing finished floor of the existing building is +/- 42.0 feet. The floor grade
of the existing building will be raised to a grade of 44 feet, and will match the floor grade of the new
addition. The plan also proposes the removal of an existing building (+/-1,200 Sq. Ft.) at the front of
the site. The net impact will require the filling of approximately 150 CY of flood storage volume, to
raise the floor to a grade even with the established 100 year flood grade (elev. 44 feet). Upon
completion, the proposed building will be fully flood proofed, which is not the present condition. It is
estimated that proposed improvements along the exterior of the building to provide access to the
raised building will require an additional 50 CY of flood storage lose. These improvements would
include stairs, handicap access ramps and loading capabilities. The total flood storage loss would
be approximately 200 CY.
The improvement of the site will also require the reconstruction of the parking areas. The existing
parking area is a combination of old bituminous pavement and compacted gravel. Existing storm
water runoff flows directly into the adjacent wetlands, without any pre-treatment of any kind. Due to
the low grade of the site, it is not possible to installed underground storm water collection and
treatment structures. The proposed grading and drainage plan proposes a storm water renovation
area (approximately 500 Sq Ft. in area) adjacent at the lowest point on the parking area. This area
lies within the 50 foot wetland upland review area, and will lies within 12 feet of the adjacent
wetlands. In all, approximately 3,000 Sq. Ft. of construction activity will take place within the upland
review area. Grading of the parking area will be balanced with existing conditions, including the
removal of the front building.
During a previous application for the Stop & Shop development by Legion Square, LLC, the IWWCC
accepted testimony that any filling and related loss of flood storage in the area of the Flood Hazard
Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 6 of 7
Zone will not significantly impact the overall flood elevation. The application has attached
documentation (from the Stop & Shop application) to support this testimony, and believes the minor
impact of the proposed raising of the building floors will not impact the overall flood elevation.
During the proposed construction required for the project, all proper and necessary sedimentation
and erosion control measures shall be utilized and shall be implemented as shown on the submitted
Erosion and Sediment Control Plan.
The Commissioners were familiar with the property location and had some general questions. Mr.
Bovee added that they will try to continue working while the construction is commencing. The
Planning and Zoning Department is pleased to have the area cleaned up. Commissioner R. Nieman
questioned the size of the building and needing to raise the roof. Mr. Bovee answered that the owner
is indeed hoping to grow the business enough to need a larger space and would like the option of
splitting the area in the future. Commissioner Cassetta questioned how this plan works into the
proposed park area. Mr. Horbal answered that there is still no design for the park area but in an ideal
situation, he would like to see a walking trail about 10’ wide that would be in a non-wetland area.
Mr. Bovee commented that there would not be a grade change in the area. Commissioner Cassetta
questioned the placement of the fencing. Mr. Bovee answered that it would be removed around the
front, but the back fence would remain and provides some security to the business. Mr. Bovee will
retain the designer to get a past hydrology report for the area. Commissioner R. Nieman requested
that the information be shared with the Commissioners as soon as possible so it can be reviewed
before the meeting. Commissioner Laviana questioned Staff on the suggestion to hold a public
hearing. Mr. Horbal answered that due to public interest, the property is in the center of town, within
a flood plain, and in the central business district, it would be advised and won’t affect the time frame
by waiting until next month.
A motion was made by Commissioner Rochette to schedule a Public Hearing for Application 13-
07WF, due to public interest, for the July 2, 2013 meeting. The motion was seconded by
Commissioner R. Nieman and unanimously approved.
OTHER BUSINESS TO COME PROPERLY BEFORE THE COMMISSION:
Application 11-06WF – Estates of Berlin, LLC – Request for Permit Modification
Vice-Chairman Cassetta requested a report from the Applicant.
Attorney Michael Bonanno of Jacobs, Walker, Rice & Barry, LLC and Land Surveyor John
Wagenblatt (LRC Group) were present for the Developer to request another permit modification.
Attorney Bonanno reported that the development has changed design groups and recently found a
significant discrepancy in one of the proposed road locations in Phase 3 and Mr. Wagenblatt would
like to present a proposal that would decrease the impact to the existing neighbors, and would have
no impact on the wetlands. Vice-Chairman Cassetta requested the bi-weekly status report from the
design team. Commissioner R. Nieman asked Staff if they are current with the reporting. Mr. Horbal
answered, no. Attorney Bonanno and Mr. Wagenblatt apologized and said they would submit them.
Mr. Wagenblatt explained that there was a significant vertical error from the previous design group.
It would be very costly to the developer to have to blast so extensively. The unit locations will not
change and the grading will remain within the original impact but the slope will change to 2:1 and a
detention basin will become longer but within the original tree line. Mr. Wagenblatt presented a
Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 7 of 7
cross-section (at the request of the Town Engineer). The first floors are higher on both sides of the
road. Commissioner Cassetta questioned how much higher the road is going to be. Mr. Wagenblatt
answered 17’ higher. This will minimize dealing with the ledge. Mr. Wagenblatt also explained the
impact to the drainage (using the drawings). They are adding another set of catch basins to the west.
They will still be blasting for sanitary and a few of the foundations. They are saving a few trees in
one area. Commissioner R. Nieman suggested that he would like to take a walk in the area.
A motion was made by Commissioner R. Nieman to table Application 11-06WF until the July 2,
2013 meeting. The motion was seconded by Commissioner Boucher and unanimously approved.
Mr. Horbal commented that at the meeting with Staff, it was suggested that the area might be flagged
(at the center line of the road, every 50’) so the Commissioners could see the impact. Commissioner
R. Nieman does not want phase 3 to be started before this other work begins.
Application 04-06WF – 85 Great Oak Drive – Notice of Violation
Mr. Horbal was approached by Jack Guilmartin prior to the meeting tonight and reported that he has
been retained by the Raynock’s to present their application and will make preparations for the July
meeting. Ms. Tina Berger was present at the meeting to represent her mother but there was no
further discussion. The Commissioners agreed on the postponement.
MINUTES:
The minutes of the May 7, 2013 meeting were previously distributed for review. The Secretary was
requested to further research and document more of the meeting. A motion was made by
Commissioner R. Nieman to table the approval of the minutes until the July meeting. The motion
was seconded by Commissioner Laviana and the motion was unanimously approved.
CORRESPONDENCE:
Vice-Chairman Cassetta called attention to the brochure that was mailed to the Commissioners.
Mr. Horbal requested a volunteer to accompany him on violation investigations. Several
Commissioners agreed to help when called upon.
ADJOURNMENT
:
Commissioner R. Nieman moved to adjourn the meeting at 8:35 p.m. The motion was seconded by
Commissioner Laviana. The motion was unanimously approved.
Lecia Paonessa
Recording Secretary