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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 - 2 - 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 - 3 - 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 - 4 - 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. - 5 - 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