1995/04/04 Approved Minutes
The April 4, 1995 Regular Meeting of the Inland Wetlands and Water Courses
Commission was called to order at 7:03 p.m. in Room 7, Town Hall, by Chairman Michael
Balinskas. Present: Commissioners Paul Argaz7i, David Colburn, Robert Estabrook, Jr.,
James McCarthy, Ralph Simeone, and Charles Warner, and Assistant Town Enginner
James Horbal, Agent to the Commission. (Mr. Colburn left the meeting at 10:20 p.m.)
A motion to approve the minutes as amended of the February 7, 1995 meeting was made
by Mr. Warner, seconded by Mr. Simeone, and carried 5 to 0, with Mr. McCarthy
abstaining and Chairman Balinskas not voting.
Review of the March 7, 1995 meeting was tabled.
Audience of Citizens
Barton Bovee, P.E., MBA Engineering, requested that discussion of 424 Berlin Street
(Pedemont Construction)be added to the agenda. A motion to add Piedmont
Construction Co. as Item 4d and move correspondence to 4e was made by Mr. McCarthy,
seconded by Mr. Warner. Mr. Colburn was in opposition of adding the item due to the
length of the meeting. Mr. McCarthy stated the item involved installation of a security
motion. The motion carried 5 to 1; Voting in favor: Commissioners Argazzi, Estabrook,
McCarthy, Simeone, and Warner. Voting in opposition: Commissioner Colburn.
Chairman Balinskas was not required to vote.
PUBLIC HEARINGS
1. Application 95-03 Proposal by Lucy Grala to construct drainage
improvements and outlet drainage into a wetland area on Lot 9, Block 71, Norton
Road/Still Meadow Lane.
This hearing is a continuation from March 7, 1995. The hearing was reopened at 7:17
p.m. The notice of public hearing appeared on the Berlin News Page of the New Britain
Herald on Friday, February 24, 1995 and March 3, 1995. The following was submitted:
The Inland Wetlands and Water Courses Commission for the Town of Berlin will hold a
public hearing in Room 8 of the Town Hall, 240 Kensington Road, Berlin, CT, on
Tuesday, March 7th, to consider the following: A proposal by Lucy Grala to construct
improvements and outlet drainage into a wetland area on Lot 9, Block 71, North Road,
Stillmeadow Lane. At this meeting interested persons may be heard. Written
communications may be received. Copies of the application, maps, and documents
relating to this hearing are open for inspection at the Office of the Town Enginner in
Room 8 of the Town Hall. Dated in Berlin, CT, February 24, 1995.
Attorney John Matulis,whose law practice is at 165 West Main Street in New Britain and
a resident of Beckley Road, Berlin, representing the applicant, stated Mr. Barton Bovee
would present the proposal for the applicant.
Mr. Barton Bovee, P.E., MBA Engineering, representing the applicant, stated Town
Engineer Morgan Seelye, Assistant Town Engineer James Horbal, and he had met and
Berlin IWWC-April 4, 1995 Regular Meeting-2
discussed concerns of the drainage system. He referenced his letter to Mr. Horbal dated
March 30th which revises the application to reflect three changes to the application,
specifically: (1) modifications to the outlet structure; (2) enlargement to the renovation
area; and (3) the design of one lot in accordance with zoning requirements. He referenced
April 4th correspondence with resubmitted drainage computations. He stated Town
Engineer Seelye and he have different opinions in regard to existing conditions. In
response to staff comments, Mr. Bovee stated additional stormwater retention and a pipe
requiring an overflow outlet structure are now proposed for the site and the design will be
for a hundred year storm retention. He reported the Water Control Commission is still
reviewing consideration of a water pump station or grinder pumps for the site.
Mr. Bovee responded to further questions by the commissioners.
Mr.Matulis stated a concern that some revisions that will be reflected on a set of prints
which have not yet been submitted. Mr. Bovee and Mr. Horbal concured that whatever
minor items need to be submitted to refine the drainage system will be submitted.
No one from the audience wished to address the commission.
A motion to close the hearing for Application 95-03 was made by Mr. McCarthy,
seconded by Mr. Simeone, and carried unanimously.
A motion to approve with conditions Application 95-03 Proposal by Lucy Grala to
construct drainage improvements and outlet drainage into a wetland area on Lot 9, Block
71, Norton Road/Still Meadow Lane was made by Mr. Massirio The conditions are as
follows: (1) Final sizing and location of the detention pond and outlet structures are to be
reviewed and approved by staff; (2) All conditions of correspondence dated
March 30, 1995 and April 4, 1995 from MBA Engineering to the Town of Berlin be made
a part of this approval, and (3) Standard condtions of approval; (4) Approval contingent
upon final review and approval of the plans by the Engineering Department. The motion
was seconded by Mr. Warner and carried unanimously.
2. Application 95-04F Proposal by the City of New Britain to construct a
• baseball stadium and related appurtenances with within a flood hazard zone on Lots
4, 5, and 6, Block 23A, New Britain Road/Route 71.
Chairman Balinskas opened the public hearing at 7:37 p.m. He read the Notice of Public
Hearing which appeared Friday, March 24, 1995 and March 31, 1995 in the Berlin News
Page of the New Britain Herald.
Mr. Peter Ledger Director of Parks and Recreation for the City of New Britain,
addressed the commission and stated he would address the following in his presentation:
The location of the stadium on the site with regard to the revised floodway limits and the
existing floodplain limits; discussion of the existing elevations in relationship to the brook;
changes in the floodway limits which were addressed based on the City's application
approval with the Federal Emergency Management Agency; the effects on the level of the
brook and any flooding upstream, on the site, and downstream by locating the facility in
•
Berlin IWWC-April 4, 1995 Regular Meeting-3
the park; mitigation efforts which have been considered regarding the displacement of
storage area and review of specific details that will indicate any impact in the floodplain
will be solely on the property of the City of New Britain's Willow Brook Park.
He stated the majority of the construction, except for the playing field, will be in the Town
of Berlin; the playing field will be filled about 2 to 2-1/2 feet and the surfaces of the
stadium to 3-1/2 feet or more.
Mr. Peter Kueny, P.E., McGuire Group, One Court Street, New Britain, CT representing
the City of New Britain. He reported: McGuire Group had prepared a hydrology study
for the site. He explained the City of New Britain Flood Insurance Study is dated 1981
and the Town of Berlin's study was published by the FEMA in 1980, later revised to May
3, 1993. The revised study was a result of the U.S. Geological Service's study on the
effects of urbanization and flooding - one of the areas was Willow Brook. Flood
discharges were doubled for the Willow Brook site. As a result, FEMA revised the
studies for both communities. A study for New Britain was initiated but was never
completed or may still be in the process of completion. The studies do not match between
the communities showing a height difference of two feet for the site. The applicant met
with the Department of Environmental Protection on several occasions; DEP
recommended the City meet with FEMA in Boston. FEMA recommended requesting a
revision to the mapping, using FEMA's application process for revising the floodplain as
well as the floodway. As a result, a number of computer models were utilized. As a
result, the floodplain lines were re-established. He further reviewed the process for
obtaining map revisions for both the Town of Berlin and the City of New Britain. He
spoke about the siting of the field in the middle of a flood plain. He stated his opinion
there will be no negative impact on the Town of Berlin.
Mr. Clarence Corbin, City Engineer, for the City of New Britain, reviewed options for the
site. He stated any activity involving mitigation would entail material out of the wetlands
and within the floodway area and was an alternative which was rejected and a major sewer
line for the City is located through the tennis court area and the area could not be
considered. An area which has a tributary may be a possible site for mitigation.
Mr. Ledger stated a calculation that about twenty percent of the water in Willow Brook
comes from the Hungerford site; a damming structure had been considered. He stated the
opportunity to mitigate does not exist because of the the low area of the site which is
surrounded by highway and other facilities. He stated New Britain's research and studies
of the site for the project have been thorough, with both the Department of Environment
Protection Department and the Department of Economic Development, major funding
sources, being satisfied with the City's findings. Mr. Led ger stated some surrounding
buildings, including the ticket booth, will be removed.
Mr. Kueny and Mr. Ledger explained the application process to DED and DEP, a
process which has taken four to six months.
Berlin IWWC-April 4, 1995 Regular Meeting-4
In response to Mr. McCarthy's question, Mr. Kueny stated FEMA has approved the Berlin
side of the project; however, the New Britain side has multiple owners, and individual
letters of endorsement have not been received. In lieu of this, FEMA has given those
property owners a 90 day period in which to respond to the published information.
April 6th and April 13th, 1995 were stated to be the dates of public notice in the New
Britain Herald. Mr.Ledger stated Schallers's and Arute Brothers, abutting property
owners, will be notified.
Mr. Horbal stated Mayor Peters has submitted a letter stating agreement with the
computions requesting amendments to the official mapping. He stated staff concurs with
the computations.
Mr. Vincent Durante, Pheasant Run, Kensington, questioned the possibility of increasing
or decreasing the flooding of New Britain Road due to the project.
Mr. Kueny responded the elevation of New Britain Road is undesirable, even though the
State of Connecticut has installed a more efficient culvert..
Mr. Paul Lastauskas, resident of Kensington, stated the commission should look to the
future and try to anticipate future development of the site and work to lessen the impact
on the site.
•
Mr. Clyde Selner, (no address stated), questioned the difference in the maximum 100 year
flood elevation and the flood of the walkway underneath the highway.
Mr. Kueny responded approximately an elevation of 186, stating he was unsure the
walkway to be higher.
Mr. Selner questioned the effect of the flood level for businesses on New Britain Avenue
[Road] and the Conrail [railroad] tracks, considering the nine percent runoff of the
proposed activities at Hungerford Park.
Mr. Balinskas stated the response to his question could only be made relative and
pertinant to the application of the City of New Britain.
Mr. Kueny reviewed probable situations which may occur; stating some increase may
occur, however inconsequential.
Mr. Ledger the nine percent increase to be no longer valid. He further stated the 720
paved parking designations will increase to 910. Mr. Ledger stated the paving area will
be lower than the existing parking lot, almost at existing grade and will be part of the
swale.
Areas of possible areas of mitigation were discussed. The applicant stated 24,000 c.y. of
fill willl be placed in Berlin; 43,000 will be filled on the site.
Berlitr IWWC-April 4, 1995 Regular Meeting-5
Mr. Horbal requested Mr. Corbin clarify for the record the increase of the previously
stated 3": increase of flooding for the approximate area of the existing football field and
the proposed stadium and ending with the essential beginning flood elevation at Karbonic
Way. He further stated that all increases will be within Willowbrook Park and within the
immediate area of the athletic fields. Mr. Corbin concurred; Mr. Corbin further stated the
field elevation may have been made 2 feet higher and that this plan was refused and stated
in a flood, this area will remain for storage. Mr. Balinskas asked if the City of New
Britain would be the only Berlin property owner affected by any upstream impacts by this
change. Mr. Kueny responded affirmatively.
A motion to close this public hearing was made by Mr. Argazzi; seconded by
Mr. McCarthy,and carried unanimously.
After further discussion, a motion to approve Application 95-04F Proposal by the City of
New Britain to construct a baseball stadium and related appurtenances within a flood
hazard zone on Lots 4, 5, and 6, Block 23A, New Britain/Route 71 was made by Mr.
Simeone, seconded by Mr. Warner, and carried unanimously.
Mr. Ledger stated an application to amend wetlands mapping in Hungerford Park has
been filed with staff and requested the commission accept the application and schedule a
public hearing.
Mr. Balinskas stated the item was on the agenda.
The meeting broke at 9:18 p.m.
The meeting reconvened at 9:26 p.m.
REGULAR MEETING
Application 95-05W Proposal by Charles G. Leonhardt to construct a pond within a
wetland on Lot 25Bd, Block 71, Orchard Rd.
Dr. Leonhardt stated his opinion, in continuation of testimony given at the last meeting,
that there would be little or no impact by his construction of a 3/4 acre pond in a wetland
area; stating it would be 1/500 surface area of the wetlands extending from the Hatchery
to Norton Road. He stated he had met with Mr. Horbal and the Fire Marshall and it was
their opinion that 25-30 houses may be provided fire protection. Mr. Horbal stated the
site had been visited; that the Fire Marhsal had suggested relocating the pond further
south, closer to Mr. Leonhardt's home and roadway to install a "dry hydrant". Mr. Horbal
stated the responsibilty of installation of the hydrant would be the town's.
Mr. Colburn stated the existing area to be a "perfect wetlands" and his opposition to the
project. Mr. McCarthy stated DEP's evaluations of wetlands, including flood control ,
Berlin IWWC-April 4, 1995 Regular Meeting-6
ecological integrity, support of wildlife habitat, nutrient retention, education potential,
visual, esthetic equality and stated his support of the project because of no destruction of
the wetlands, and has potential for opening of evaluation methods within the wetlands, in
addition to its safety purposes. Mr. Colburn stated there was no commitment from the
town to install a dry hydrant. Dr. Leonhardt stated the project to be a waterway and the
commission's responsiblity is to protect both the waterways and wetlands. In response to
Mr. Colburn's concerns, Mr. Balinskas asked the probability of the town's installing a dry
hydrant. Mr. Horbal stated, in view of Mr. Waznia's opinion, a high probability exists that
a dry hyrant will be installed.
A motion to approve Application 95-05W Proposal by Charles G. Leonhardt to construct
a pond within a wetland on Lot 25Bd, Block 71, Orchard Road with the following
conditions was made by Mr. Simeone and seconded by Mr. Estabrook:
1) That the applicant will provide the town with an easement to gain access to
the fire pond at such time as a dry fire hydrant protection system is installed
within the pond;
2) Including standard conditions.
Mr. McCarthy motioned to amend this motion with the following:
3) That the pond be relocated in a southerly direction to the wetland border to
access excavation from the southerly border and not to create a wetlands
crossing and better facilitate the dry fire hyrant construction.
4) That any, and all, excess fill materials be placed outside the wetland area;
5) Staff approval of plans in meeting standard conditions.
The motion to amend was seconded by Mr. Argazzi.
The motion to amend carried four to one (Mr. Colburn voting in opposition).
Mr. Colburn stated his opposition to the application due to the destruction of wetlands,
the lack of formal plans, areas for mitigation not being presented, and lack of written
intention of Berlin to install a dry hyrant
The original motion was voted upon; the motion carried four to one, Mr. Colburn voting
in opposition.
Application 95-06W Proposal by the City of New Britain to establish a wetlands
boundry on Lot 77, Block 23, Farmington Avenue/Pheasant Run.
Mr. Balinskas stated the commission received on this date a letter of intervention
regarding this application.
Mr. Peter Ledger, Director of Parks and Recreation, City of New Britain, stated the
application pertains specifically to the Hungerford Park site for which the Berlin IWWC
has previously granted a permit. Mr. Ledger stated an intermittent watercourse has been
identified on the site; the court has requested the site be reviewed. He stated consultants
have done this and the City of New Britain is requesting a public hearing in order to
amend the wetlands map previously submitted regarding Hungerford Park. A motion to
Berlin IWWC-April 4, 1995 Regular Meeting- 7
schedule a public hearing for Application 95-06W was by made by Mr. Warner, seconded
by Mr. Simeone. The motion carried unanimously to schedule the hearing for
May 2, 1995.
Application 95-07W Proposal by Warm Springs Mortgage Co., Senior Quarters
Management Co. to place fill and discharge stormwater into a wetland area on Lot
61A, Block 24A, New Britain Road.
This application has been withdrawn by the applicant
OTHER BUSINESS TO COME BEFORE THE COMMISSION
Item a. Lot 15, Block 141, Wilbur Cross Highway
An informal discussed ensued.
Mr. Peter Alter, Glastonbury, CT., spoke on behalf of the owners of the property. He
stated the following: the property consists of approximately 17-1/2 acres. He stated he
had met with Mr. Horbal and Town Planner Brian Miller to discuss possible development
of the site. The wetlands have been field located; two parallel bands of wetlands divide
the site into three distinct pieces. The site in commerically undevelopable without
significant wetlands activity, approximately 2.4 acres. A conceptual plan, showing three
buildings, has been prepared. Areas for possible mitigation have been indicated on the
map. A zone change may pursued. He stated the applicant was looking direction from the
commission before proceeding with development of the property.
Mr. Horbal stated development on the Wilbur Cross Highway is limited due to the depth
of the parcels; this is one of the largest parcels left that is individually owned that has
depth.
Mr. Alter further described the parcel and the conceptual plan for development.
Mr. Horbal stated the property abuts the Fox Hill residential project with is an open space
development. Mr. Barton Bovee, P.E., MBA Engineering, stated developing this property
as conceptually presented would provide a'greenbelt' area.
Consensus of the commission was the item should be tabled to allow the commission to
walk the site and for input from the Economic Development Department, Planning
Department and Executive Board to be requested.
b. Saw Mill Drive- Release of Site Bond
Mr. Horbal stated the bond was origianlly posted for an area of concern on the site, an
area of encroachment in terms of grading, loaming and seeding. The item was tabled to
allow the commissioners time to visit the site.
c. Lot 3C, Block 83, Deming Road - Discussion
• Berlin IWWC-April 4, 1995 Regular Meeting-8
Mr. Barton Bovee, P.E., MBA Engineering, representing the prospective developer
Mr. Berube, reviewed the site and a conceptual plan and stated the property owners are
hoping to develop the site with small buildings for light manufacturing or office warehouse
uses and associated parking. He stated the wetlands have not yet been identified.
Mr. Berube stated one of the intentions of development was to improve aesthetics of the
area. The item was tabled to allow the commissioners time to visit the site. No concerns
were stated by the commissioners.
d. Pedemont Construction
Mr. Barton Bovee, P.E., spoke on behalf of the property owner, regarding two parcels of
property on Berlin Street and stated the following: The property has been leased within
the last several weeks for on-site storage and needs to be enclosed with a 6 foot chain link
security fence,which would built on a portion of the property which would include a
floodway. There are some discrepancies between the FEMA and town map for the area.
Future potential for development of the site may be a different use. Basing his opinion on
the FEMA mapping, Mr. Horbal stated the fence's construction in the floodway creates an
obstacle which has the potential to accumulate debris and stated he is not in favor of its
being built. Mr. Bovee stateda type of breakaway fence may be an alternate
consideration. Stating no issues to be brought before the commission, Mr. McCarthy
motioned to have the property owner submit a design for a break away fence to be
submitted, considered, and approved by staff Mr. Simeone seconded the motion. The
motion carried unanimously.
Correspondence
Mr. Balinskas stated correspondence regarding the potential Wal-Mart site in Cromwell
and correspondence from Attorney Stephen J. Anderson to Mr. Clyde Selner regarding
Freedom of Information had been received.
A motion to adjourn was made by Mr. Warner, seconded by Mr. Argaz7i and carried
unanimously. The meeting adjourned at 11:27 p.m.
Respectively submitted,
Frances M. Semnoski
Acting Recording Secretary
_ 7