1992/09/14 Approved Minutes
r.EaLIN co TOWN OF BERLIN
32 �li titit, INLAND WETLANDS
�k n AND
° '° WATER COURSES COMMISSION
ti, s1' 10h 240 KENSINGTON RD. BERLIN, CT 06037
F.p o� September 14 , 1992
ORATE P
The Special Meeting of the Inland Wetlands and Water Courses
Commission was called to order at 7:03 p.m. by Vice-Chairman
McCarthy.
PRESENT - Commissioner Balinskas, Commissioner Colburn,
Commissioner Ferraro, Vice-Chairman McCarthy, Commissioner
Szczepanik and Mr. James Horbal, Agent for the Commission ABSENT -
Commissioner Collis, Commissioner Daigle.
1. ALLEGED VIOLATION - LOT 22, BLOCK 84, FARMINGTON AVENUE
Marty Garston, Manager of Chapman Equipment stated that the
fence has been put up as requested by the Commission.
Mr. Horbal stated the Staff received the plans at 4:30 p.m.
this afternoon just as Staff was leaving for the day. Staff
has not yet had a chance to review the plans properly.
Additional fill has been placed in the pond without a permit.
The fill that was addressed by Mr. Deephouse that was spread
into the pond and levelled out was brought into the area
roughly two years ago. At that time Staff advised Mr.
Deephouse not continue with any work in the area. Mr. Horbal
stated he talked to Mr. Hewitt, Engineer for Mr. Deephouse,
and Mr. Hewitt indicated that perhaps a balancing of the area
took place. Staff did not agree with Mr. Hewitt at this time.
Commissioner Ferraro asked what the flood plain elevation for
the area was.
Mr. Horbal stated the elevation was 45 or 46.
Mr. Garston stated Mr. Hewitt mentioned it was 46.
Commissioner Szczepanik suggested that Rod Hewitt look at the
plan as the Commission would need more information from Mr.
Hewitt.
Commissioner Ferraro suggested starting at the edge of the
pond and take out a certain amount of material at a
guesstimate of what the original volume of the mound was.
Commissioner McCarthy stated that Staff has to have a chance
to review the plans.
Mr. Horbal stated that Staff could work with Mr. Hewitt to
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clear up the area.
Commissioner Colburn asked about a 3 - 1 slope from the edge
of the water.
Staff will work with Mr. Deephouse and Mr. Hewitt on this
issue.
Commissioner Szczepanik would like to see an after-built plan.
Vic Salsey of 39 Surrey Lane, Kensington and has a business at
40 Willard Avenue in Berlin is in approximate vicinity of the
Deephouse Pond. Mr. Salsey is looking to have the applicant
fined as there was fill placed into the pond.
Mayor Peters stated the fill was not placed into the pond on
purpose and Mr. Deephouse/Chapman Equipment should not and
would not be fined for this placement of fill into the pond.
2. APPLICATION 92-22WF - Waterway Maintenance, Farmington Avenue
to Mill Street, Town of Berlin.
Mr. Horbal, Assistant Town Engineer, made the presentation to
the Commission. Mr. Horbal stated the maintenance will not
eliminate the flooding altogether but it will help ease the
area of flooding by removing branches, cutting back brush and
open up the ditch.
Doug Cooper of DEP has contacted Staff and asked Staff to
obtain permits from DEP for the maintenance of this waterway.
Commissioner Ferarro stated that the first two items on the
agenda were maintenance type activities but they were not
major concerns of the Commission and appreciated the Town
bringing these items to the attention of the Commission.
Moved by Commissioner Colburn and Seconded by Commissioner
Ferraro to accept Application 92-22WF 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 Town place silt fences as needed.
Mayor Peters stated that as an ex-officio member of the
Commission he would like to accompany Mr. Horbal and hand
deliver the permit applications to DEP.
All in Favor - Motion Carried.
3 . APPLICATION 92-23WF - Waterway Maintenance, rear of Robindale
Drive, Town of Berlin.
Mr. Horbal, Assistant Town Engineer, made the presentation to
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the Commission. There are a number of areas where the stream
is starting to divert itself due to trees, branches, shrubs,
etc. The Town would like to clear the area so that the stream
can reestablish its original water course.
Thomas Heavren, 155 Robindale Drive, stated he moved into the
area about 7 years ago. The river has changed drastically due
to the dam break several years ago which changed the flow of
the river and the river seemed to fill in also at this time.
The second thing that changed the river in the past few months
was the heavy rain in June and the flow of the river has now
stagnated. There is a growth of algae and there was
practically no movement of the river. There is also drainage
going into the river (ie. , salt and sand from the streets
during the winter) .
Loren Dickenson of 91 Robindale Drive, supports having the
river cleared and the river seems to be getting worse every
year. Mr. Dickenson stated that the problems seemed to start
in 1982 when there was heavy rain for three or four days and
the culvert collapsed and a couple of years later the culvert
collapsed again.
Commissioner Szczepanik stated that this area has seen a great
amount of disturbance and it will only get worse.
Mayor Peters stated that the Town has bonded for sidewalks
since 1985 and it is time to look at a long-term flood control
plan for the Town of Berlin and bond for this plan over a
period of time.
Commissioner Colburn would like to see cosmetic items done
before the major work is done.
Moved by Commissioner Colburn and Seconded by Commissioner
Balinskas to approve Application 92-23WF with all erosion and
sedimentation control devices to be installed to the
satisfaction of the Town Engineer prior to the commencement of
construction.
Commissioner Balinskas - yes; Commissioner Colburn - yes;
Commissioner Ferraro - yes; Vice-Chairman McCarthy - yes;
Commissioner Szczepanik - abstain.
Four - yes; One abstain - Motion Carried.
4 . APPLICATION 92-24W7 - Extension of storm drain, rear of 36
Surrey Lane, Town of Berlin.
Mr. Horbal, Assistant Town Engineer, made the presentation.
After listening to the tapes and talking with Mr. Seeyle, Mr.
Horbal was under the impression that the Commission would walk
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the site as there was some concern in regard to the work that
was done as the contractor started the work before he was
supposed to.
Commissioner Ferraro asked why the application was received
so late by the Commission.
Mr. Horbal stated that the fiscal year started July 1 and the
contract went out to bid in July and the contract was awarded
the middle of August so the first meeting to bring this to the
attention was the September meeting. The work stopped and has
not continued at the request of the Commission.
Commissioner Colburn does not understand why it was done and
cannot understand why the Town would want to do it. If it
came before the Commission before it was done, he would not
approved it. Commissioner Colburn feels it is the wrong thing
to do.
Commissioner Ferraro concurs with Commissioner Colburn but the
damage has been done and it will not do the environment any
good to take the pipe out and bring the area back to the way
it was previously.
Moved by Commissioner Szczepanik and Seconded by Commissioner
Ferraro to accept Application 92-24WF with all erosion and
sedimentation control devices to be established to the
satisfaction of the Town Engineer prior to the commencement of
construction.
Commissioner Balinskas - yes; Commissioner Colburn - no;
Commissioner Ferraro - yes; Vice-Chairman Mccarthy - yes;
Commissioner Szczepanik - yes.
Four - yes; One - no - Motion Carried.
5. CORRESPONDENCE
Vice-Chairman went over the correspondence that was received:
1. Vice-Chairman McCarthy's letter to Mayor Peters on the
Fox Hill Subdivision.
2 . August 18 letter from Bill Voelker to Mayor Peters on Fox
Hill Subdivision.
3 . A letter from Mayor Peters to Vice-Chairman McCarthy on
the Fox Hill Subdivision.
4 . The revised plans for the Fox Hill Subdivision.
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Commissioner Ferraro asked if the Commission has comments on
the Fox Hill Subdivision, could they be incorporated into the
subdivision plans.
Mr. Horbal stated that the Fox Hill Subdivision is not legally
obligated to do so.
Mayor Peters stated that if the Commission wants to discuss
the Fox Hill Subdivision that it must be placed on the agenda.
Vice-Chairman McCarthy asked that Commission members contact
him with comments on the Fox Hill Subdivision and if the plans
should be discussed at the next meeting. Vice-Chairman
McCarthy will relay those concerns on to Mr. Horbal.
Mr. Horbal asked that if the Commission wants to change the
policy of how things are done, maybe this should be discussed
at the next meeting.
Commissioner Ferraro stated he is satisfied with the policy
that is already established between the Commission and Staff
and does not see a need to change the current procedures.
Mayor Peters referred the Commission to the Town Charter in
regard to changes in the regulations, the Executive Board
would entertain any changes from the Inland Wetlands
Commission only. Any recommendations from any other person
than the seven Inland Wetlands Commissioners will not be
entertained.
5. A memo from Jim Horbal to Mayor Peters regarding the six
year plan.
6. Two concerned neighbor letters were submitted to the
Commission - unsigned - regarding Fox Hill Subdivision.
7 . A letter to Earl Wicklund from the McGuire Group.
8. Municipal Inland Wetlands Training Program - October 13 ,
1992 .
6. ADJOURNMENT
The meeting was adjourned at 9 p.m.
Respectfully Submitted,
Sandy DeVivo