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1993/06/01 Amended Minutes. See minutes of July 6, 1993 for corrections. • o� OEatI CO TOWN OF BERLIN 3� '�jti� INLAND WETLANDS ° '� ���"' 9, WATER COURSES COMMISSION �ti-5),P\'10h 240 KENSINGTON RD. BERLIN, CT 06037 �pORAT�` June 1, 1993 The regular meeting of the Inland Wetlands and Water Courses Commission was called to order at 7:07 p.m. by Chairman McCarthy. PRESENT - Commissioner Argazzi; Commissioner Balinskas; Commissioner Colburn; Commissioner Collis; Commissioner Daigle; Commissioner Ferraro; Chairman McCarthy and Mr. James Horbal, Agent for the Commission. ACCEPTANCE OF MINUTES Meeting of May 4, 1993 Commissioner Collis stated that on Page 6 Paragraph 1 the word "see" should be added. Commissioner Ferraro stated on Page 2 Paragraph 3 the word is "mean" sea level. Chairman McCarthy stated on Page 2 the last paragraph the following sentence could be left out: with all erosion and sedimentation control devices to be installed to the satisfaction of the Town Engineer prior to the commencement of construction. Commissioner Argazzi stated that on Page 7 Paragraph 3 he voted no. Moved by Commissioner Collis and Seconded by Commissioner Ferraro to accept the minutes as amended. All in Favor - Motion Carried. Minutes of May 11, 1993 Commissioner Daigle stated that on page 2 Paragraph 4 there is a $10 agency review fee. Commissioner Argazzi stated that Page 2 Paragraph 4 $50 for a Public Hearing plus a $100 for a filing fee. Moved by Commissioner Ferraro and Seconded by Commissioner Collis to accept the minutes as amended. - 2 - Commissioner Argazzi - yes; Commissioner Balinskas - abstain; Commissioner Colburn - did not arrive until after the vote; Commissioner Collis - yes; Commissioner Daigle - yes; Commissioner Ferraro - yes; Chairman McCarthy - yes. Five - yes and One abstain - motion carried. PUBLIC HEARING APPLICATION 93-06W - Proposal by the Berlin Land Trust to amend the Inland Wetlands and Water Courses Commission Regulations of the Town of Berlin. The Commission chose to extend the public hearing, at the May 11 meeting, until a formal review of the regulations was received from the Department of Environmental Protection. A copy of DEP's review was given to the Commission for review. Peter Desorcy Vice President of the Berlin Land Trust and stated that the Land Trust is in favor of the changes proposed before the Commission. Clyde Selner stated he just received the response from DEP this afternoon and he went over the response so that his questions and concerns could be clarified. Commissioner Colburn asked Mr. Selner if the changes affected the outcome of the Berlin Land Trust's Proposal. Mr. Selner stated the changes would be insignificant. Bart Bovee of MBA Engineering and resident on Steepleview Drive. Mr. Bovee is opposed to the changes of the regulations made by the Berlin Land Trust. The changes seem to make it more difficult for a homeowner to install something on their property (ie. , shed, swing set, etc. ) . Mr. Selner addressed Mr. Bovee's concerns at this time. Discussion then ensued between the Commission, Mr. Bovee and Mr. Selner regarding the proposed changes of the regulations by the Berlin Land Trust. Raymond Bradley of Southington stated he agreed with Mr. Bovee. Mr. Bradley stated he owns property in the Town of Berlin and the changes would make it difficult for him to develop the property that he owns. Chairman McCarthy stated he was disappointed that DEP did not go into greater detail about buffers. He asked Mr. Horbal to resurrect the material the Commission had drawn up several years ago regarding buffers in surrounding towns. - 3 - Moved by Chairman McCarthy and Seconded by Commissioner Colburn to close the Public Hearing. All in Favor - Motion Carried. Moved by Chairman McCarthy and Seconded by Commissioner Ferraro to table Application 93-06W until the July 6, 1993 meeting. All in Favor - Motion Carried. REGULAR MEETING APPLICATION 93-11W - Proposal by Assaad Michel Bachour to place fill and construct a residential dwelling within a wetland area on Lot 3C, Block 118, Toll Gate Road. Robert Brown of Rod Hewitt's office represented the applicant. The applicant is proposing construction of a residential dwelling within a wetland along the west side of Toll Gate Road, approximately 500 feet south of the intersection of Orchard Road and Toll Gate Road. This lot was initially included within a previously approved subdivision and deemed unbuildable at that time due to the wetland conditions within it. Staff is waiting to receive a wetlands report and proposed house location for the proposal. This is not an approved building lot. Commissioner Colburn would like an opportunity to look at the area. Moved by Commissioner Collis and Seconded by Commissioner Balinskas to table Application 93-11W until the July 6, 1993 meeting. Commissioner Ferraro would like to receive a copy of the proposed plan to review. All in Favor - Motion Carried. APPLICATION 93-12WP - Proposal by Howard Asal Construction Company to place fill and construct a residential dwelling within a wetland area on Lot 24, Block 133, Berlin Street. Robert Brown of Rod Hewitt's office represented the applicant. Howard Asal, the applicant, was also present. The applicant is proposing construction of a residential structure within a previously designated non-encroachment area along the north side of Berlin Street, approximately 400 feet west of the intersection of Redwood Lane and Berlin Street. Staff is still waiting for a wetlands report on the field location of the wetlands. The wetlands line and non-encroachment line were addressed at this time and ratios of land exchange have been discussed so that the proposed home could have a backyard. The applicant is proposing a 4-1 land ratio exchange allowing the applicant to bring in roughly - 4 - 2 feet of fill and grade it back to the limit line which is roughly 1,900 square feet. Another line would be moved and would allow an exchange of 7, 500 feet. Discussion ensued with Staff, the Commission and the Applicant about the encroachment line, the wetlands line and placement of the home on the property and what was originally approved in the 1980's when the subdivision came before the Commission for initial approval. A neighbor stated that when the original application went through in the 1980 's Mr. Hewitt had stated that there was wetlands on the property and the property was not buildable. They (the neighbors) are willing to pay to have another Soil Scientist come in and test/flag the property. Mr. Asal would not be agreeable to have the abutting property owners pay for a Soil Scientist to test/flag the property. Staff recommended that if the commission has concerns about the application, that the application go to Public Hearing. Commissioner Argazzi stated he will vote against this application unless there is something vastly improved presented to the Commission and Mr. Asal's denying the request of the abutting property owners to pay for a soil scientist to come in and test/flag the property does not help. Commissioner Ferraro stated he does not fell comfortable with the application. Even if the wetlands shown are correct, what is proposed before the Commission is the filling of a partial wetland (1,900 square feet) and that is detrimental to the wetlands. Moved by Commissioner Ferraro and Seconded by Commissioner Argazzi to deny Application 93-12WF without prejudice. Commissioner Colburn asked if the application should go to a public hearing first. Commissioner Argazzi agrees with Commissioner Ferraro and does not feel comfortable approving the lot unless there are some major changes. All in Favor - Motion Carried. APPLICATION 93-13 - Proposal by the Fox Hill Land Company to construct a residential subdivision on Lots 3-1, Block 141, Wilks Pond Road. Attorney Richard Pentore represented the applicant. The applicant is requesting to appear before the Commission in an attempt to rectify the legal constraints placed upon him by other intervening - 5 - parties. The Commission received correspondence which will further justify his request. The applicant is requesting the Commission table the application this evening so that Mr. Selner, who is an intervenor, would have time to prepare for it. The application has been appealed to the Superior Court, Attorney Slater was here representing the Appeals. Attorney Slater stated that the pending appeals are from the Planning Commission as well as the Inland Wetlands Commission. Moved by Chairman McCarthy and Seconded by Commissioner Colburn to table Application 93-13 to the July 6, 1993 meeting. All in Favor - Motion Carried. OTHER BUSINESS TO COME PROPERLY BEFORE THE COMMISSION a. Application 92-16W - Bethany Covenant Church - extend one year construction period. The applicant is requesting the Commission to extend the one year construction commencement period on the previously approved application due to financial and several other reasons as stated in the correspondence submitted to the Commission. Moved by Commissioner Colburn and Seconded by Commissioner Balinskas to grant the request of the Bethany Covenant Church, Application 92-16W, to extend the one year construction period on the previously approved application. All in Favor - Motion Carried. b. Application 92-10W - Checkered Flag Raceway - extend one year construction period. Ron Edelson, the applicant, appeared before the Commission. The applicant is requesting the Commission to extend the one year construction commencement period on the previously approved application due to financial constraints. Moved by Commissioner Colburn and Seconded by Commissioner Daigle to grant the request by Mr. Edelson of the Checkered Flag Raceway, Application 92-10W, to extend the one year construction period on the previously approved application. All in Favor - Motion Carried. c. Lot 14-9, Block 71, Steepleview Drive - Discussion - 6 - Bart Bovee represented the applicant. The applicant is requesting the Commission to review and approve the proposed house location which is necessitated as a result of the conditions placed upon this subdivision under Application 89- 09W. Moved by Chairman McCarthy and Seconded by Commissioner Balinskas to approve the Preliminary Sketch Layout; Plot Plan for Mark and Cynthia Paladino; Lot 14-9/Block 71; Steepleview Drive, Berlin, CT; Date: May 25, 1993 ; Scale: 1" = 40' ; Map Prepared by MBA Engineering, Berlin, CT and with all erosion and sedimentation control devices to be installed to the satisfaction of the Town Engineer prior to the commencement of construction and the non-encroachment line be noted on the final plot plan. All in Favor - Motion Carried. d. Lot 14-10, Block 71, Steepleview Drive - Discussion Bart Bovee represented the applicant. The applicant is requesting the Commission to review and approve the proposed house location which is necessitated as a result of the conditions placed upon this subdivision under Application 89- 09W. Commissioner Colburn would like to see the encroachment line flagged and silt fence and hay bails established. Moved by Commissioner Colburn and Seconded by Commissioner Collis to approve the Plot Plan for Farr Building Company, Inc. ; Lot 14-10/Block 71; Stillmeadow Lane, Berlin, CT; Date: May 25, 1993; Scale 1" = 40 ' ; Map Prepared by MBA Engineering and with all erosion and sedimentation control devices to be installed to the satisfaction of the Town Engineer prior to the commencement of construction and with the following conditions: 1. That silt fencing and hay bails be installed along the non-encroachment line. 2 . The non-encroachment line be noted on the final plot plan. 3 . Commission members review and okay the plan. Moved by Commissioner Ferraro and Seconded by Chairman McCarthy to amend the original motion to include that the plan be revised to reflect the contours be changed so that the cross slop from the easterly end of the home to the wetlands do not exceed 3 - 1. - 7 - All in Favor of the amended motion. Regarding the original motion made by Commissioner Colburn and Seconded by Commissioner Collis the following was the vote: Commissioner Argazzi - yes; Commissioner Balinskas - yes; Commissioner Colburn - yes; Commissioner Collis - yes; Commissioner Daigle - yes; Commissioner Ferrara - yes; Chairman McCarthy - no. Six - yes; One - no - the motion has been carried. e. Correspondence There was no correspondence presented at this time. f. Lot 5h/Lot 12 Bart Bovee represented the applicant, Farr Construction Company. This is a piece of property located on the corner of West Lane and Chamberlain Highway and the Planning Commission would like a sidewalk established on this property. The applicant is asking the Commission to look at the area as there is roughly 600 square feet of wetlands involved. The proposal will be brought before the Commission at the next meeting. ADJOURNMENT The meeting was adjourned at 10: 10 p.m. Respectfully Submitted V0 Sandy DeVivo