1990/05/01 tt saiN co TOWN OF BERLIN
�ti� INLAND WETLANDS
N AN D
�-�•,�!, WATER COURSES COMMISSION
0`' 240 KENSINGTON RD. BERLIN, CT 06037
1
o"Powto ley 1 , 1990
The Ilay 1 , 1990 meeting of the Inland Wetlands and Water
Courses Commission was called to order at 7 p.m. in Room 8
of the Town Hall by Clyde Seiner, Chairman. Those in
atttendance were Commissioner Kuziak, Commissioner McCarthy,
Commissioner Murdoch, Commissioner Murphy, Chairman Seiner,
Commissioner Szczepanik and Mr. James Horbal, Agent for the
Commission. Commissioner Munson was unable to attend.
Acceptance of Minutes - Meeting of April 3, 1990_
Chairman Selner clarified the spelling of Denise Conklin' s
last name .
Moved by Commissioner Kuziak to accept the April 3, 1990
minutes as amended. Seconded by Commissioner Szczepanik.
All in Favor - Motion Carried.
New Business to Come Properly Before the Commission
Bart Bovee , representing Louis Valentine - Fox Hill Land Co. ,
would like to be added to the agenda for discussion of a
future subdivision.
f;`oved by Chairman Selner to place Louis Valentine - Fox Hill
Land Co. as Item #5 under the Regular Meeting. Seconded by
Commissioner Kuziak.
All in Favor - Motion Carried.
P U B L I C H E A R I N G S
Application 90-07W. Proposal by Frank Sataline, Sr. and
Frank Sataline , Jr. to revise the wetlands boundary on Lots
1 and 1-A, Block 29E, Lincoln Street.
Mr. Bart Bovee of NBA Engineering and Mr. George Logan of Soil
Science Environmental Services represented the applicant.
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The applicants are looking for a change of the wetlands _, ,,__ ,
boundary. The property is located due east of Frank' s Inn
on High Roads property of Mary Stern and Jane Nichols on the
south also border the property. There are approximately
57,000 square feet of wetlands and there is a seasonal water
course from the wetlands.
A Soils Report has been submitted and a large drainage ditch
between Lincoln Street and the two-family home and garage on
the property was addressed. There is a berm of 4,800 square
feet also noted on the map. The approximate size of the
property is 2 .4 acres.
Mr. Logan addressed the vegitation and feels that the wetland
area is transitional due to the development around the
property. There is mostly surface run-off on the property.
Ken Stevens asked Mr. Logan to look at the property and give
his opinion of the wetlands located on the property. D'Ir.
Logan concurs with P.-9r. Stevens decision on the wetlands that
only a small portion is wetlands as indicated on the map
presented to the Commission.
Chairman Selner questionned whether the soil is disturbed or
is it the original soil?
Mr. Logan stated that there may be evidence of a past distur-
bance .
Commissioner Szczepanik questionned whether the seasonal flow
was significant during any specific time of the year.
Yr. Logan stated he checked the roundness of the stones, the
amount of litter, the amount of matter accumulated on the banks.
Jane Nichols is an abutting property owner located on the south
side of the property. The water flow off of the back is more
than seasonal. The backyard is very wet. There seems to be
a constant trickle of water from the channel.
I. rs. Nichols stated the first time there were surveyors on
the property there was snow on the ground and the second time
the surveyors were there the ground was frozen. Children are
not allowed in the backyard as it is wet and muddy.
Fr. Austin of 30 Bernard Road stated there is a water table
at 32 feet.
Mary Stern questionned the wetlands on her property. The
Commission stated yes there is wetlands on her property.
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Mr. Austin of Bernard Lane raised several questionse
1 . What is a definition of a wetlands?
2 . Can an independent person do a study on the property
from the Commission?
3. What will happen to the flow of the water?
4. Who would be responsible for the drainage?
5. Since there is no city sewers what will happen?
6. If fill has been placed should it have been approved
by the Commission and should silt fencing be installed?
The Commission stated that soil characteristics define a wet-
land in Connecticut. There is not an independent person, from
the Commission, to do a study on the property but the Commission
places a great deal of trust in Ken Stevens ,and the Commissioners
have walked the site . An application would have to be pre-
sented showing the drainage . The Commission is not sure who
would be legally responsible for drainage . Mr. Horbal
stated that it would be hard to determine who is responsible
until a plan of development is submitted.
Pr. Bovee stated that the plans submitted would be reviewed
by Town Staff ( ie . , the Planning and the Engineering Department) .
Sewers cannot be addressed at this time.
h'ir. Bovee addressed the fill that was placed on the property
and has spoken with the Town Planner regarding the amount of
fill that was placed on the property and the amount of fill
placed did not require a permit.
Eight people attended the Public Hearing.
Pioved by Commissioner >zczepanik to close the Public Hearing
on Application 90-07W. Seconded by Commissioner kurdoch.
All in Favor - Motion Carried.
Moved by Commissioner Selner to table discussion on Application
90-07W until after Item #5 on the Agenda. Seconded by
Commissioner Murdoch.
All in Favor - Motion Carried.
P,Toved by Chairman Selner to bring Application 90-07W forward
for discussion. Seconded by Commissioner Murphy.
All in Favor - Motion Carried.
- 4 -I, oved by Chairman Selner to approve Application 90-071 as
shown on the plans entitled "Change of Wetlands riiap for
Property of Frank, Sr. and Frank, Jr. Sataline , Lots 1 and
1-A/Block 29E, Lincoln Street, Berlin, CT - I'+iBA Engineering -
Sheet 1 of 1 - Scale: 1" = 20 ' - Job No. - 89044 - Date:
April 10, 1990" with all erosion and sedimentation control
devices to be installed to the satisfaction of the gown
Engineer prior to the commencement of construction. Seconded
by Commissioner Hurdoch.
All in Favor-Hotion Carried.
Application 90-05W1 . Proposal by Joseph and Kenneth Dorio to
construct utilities and discharge drainage into both a wet-
land and flood hazard area on Lot 10, Block 107, 'Poll Gate
Road.
Chairman Selner stated there was not a legal notice for the
application.
I.'ir. Horbal, Agent for the Commission, stated that Attorney
Ripper verbally withdrew the application. Written material
has not been received and staff has not received the requested
information.
Iloved by Chairman Selner to close the Public Hearing on
Application 90-0541 Seconded by Commissioner Szczepanik.
All in Favor - Motion Carried.
Moved by Chairman Selner to deny Application 90-0541 based
on lack of information requested was not received ( flood and
flow calculations) . Denied without prejudice. Seconded by
Commissioner furdoch.
All in Favor - T,Sotion Carried.
R E G U L A R M E E T I N G
Application 90-08WF . Proposal by James R. and Lucy L. Deep-
house to fill a former clay pit pond on Lot 22 , Block 84,
Farmington Avenue .
Ir. Deephouse addressed the Commission and would like to post-
pone discussion on the application until the Commission' s
June 5 , 1990 meeting.
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1.loved by Chairman Selner to table Application 90-08WF until
the June 5, 1990 meeting based on the request of the applicant.
Seconded by Commissioner Szczepanik.
All in Favor - Motion Carried.
Application 90-09W. Proposal by Cornerstone Associates, Inc.
to discharge drainage into a water course on Lot 6-1 , Block
90, Four Rod Road.
Bart Bovee , FBA Engineering, representing the applicant.
It was formerly owned by Easco, Inc. and the plan that was pre-
sented to the Planning Commission was presented to Inland
Wetlands tonight. Conrail train tracks, Four Rod Road and
surrounding property owners were addressed. A small industrial
park is planned with scattered buildings through the site.
The applicant is seeking a permit to discharge storm water into
a seasonal crossing into a ditch that runs northerly to the
back of the tracks then to the Hatchford Brook and crosses
the railroad tracks out to Four Rod Road and drains to the
Belcher Brook. A proposed detention pond would be established
to create a "zero" impact for major storms and overflow and
outlet into the brook.
The detention pond has a storage capacity of 1 .2 feet. A
little bit of mounding would cause a berm and help control the
water. The waterflow would be 74 cfs without the detention
pond and 54 cfs with the detention pond. Sedimentation control
devices were also addressed.
T,!r. Horbal stated that the wetlands designations were removed
from the index map in 1982.
It is the intent of the developer not to go beyond 100,000
square feet of development-per r1r. Bovee.
Commissioner Kuziak questionned what type of materials would
get into the land/river from the plant -- Easco.
The site drains from south to north and would not impact the
proposed area per 1+ir. Horbal.
rioved by Chairman Selner for a Summary Ruling on Application
90-09W. Seconded by Commissioner Szczepanik.
Chairman Selner stated that this is not a major impact on the
stream.
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Fir. Horbal stated that the drainage calculations have been
preliminary and staff has found no major concerns at this
point -- staff is awaiting the final design before officially
reacting on the calculations.
All in Favor - Notion Carried.
Moved by Commissioner Kuziak to hold a Public Hearing on
Application 90-09W at the June 5, 1990 meeting. Seconded by
Chairman Selner.
The Commission would like to hear about the drainage issues
of the abutting property owners to the south.
Commissioner Kuziak - no; Commissioner McCarthy - no;
Commissioner Iurphy - no; Commissioner Murdoch - no; Commissioner
Szczepanik - no; Chairman Selner - yes.
Five - no; One - yes; Potion Denied.
Loved by Commissioner Szczepanik to table Application 90-09W
until the June 5, 1990 meeting so staff can review drainage
calculations. Seconded by Commissioner Murdoch.
Commissioner Kuziak - no; Commissioner McCarthy - no;
Commissioner Nurphy - no; Commissioner Murdoch - no; Chairman
Selner - no; Commissioner Szczepanik - yes.
Five - no; One - yes; Motion Denied.
Moved by Commissioner Kuziak to accept Application 90-09W with
approval of the storm discharge drainage calculations into
the channel for the 100 year and 25 year flood by staff and
as shown on the plans entitled "Proposed Cornerstone Indus-
trial Park - Property to be developed by Cornerstone Asso-
ciates, Inc. , - Property Known as Lot 6-1/Block 90 - Four
Rod Road, Berlin, CT - MBA Engineering - Sheet 1 of 1 - Scales
1 " = 40 ' - Job #90009 - Dates March 14, 1990" with all
erosion and sedimentation control devices to be installed to
the satisfaction of the Town Engineer prior to the commencement
of construction. Seconded by Commissioner Murphy.
All in Favor - Notion Carried.
Application 90-10W. Proposal by Northeast Utilities Service
Company to construct roadways and discharge drainage into a
wetland area on Lots 1 and 13, Block 122, Selden Street.
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The applicant is proposing a new facility on the east side of
the existing facility. A two-tier parking garage is also
being proposed. The applicant is planning to protect the
environment as it is corporate philosophy to do so.
The applicant is looking to bring in a new access road and
bring it in at the narrowest point of the wetldand. A small
addition to a parking area was addressed and a jogging trail
is also being proposed.
Chairman Selner questionned where the original mapping for the
wetland off of Selden Street came from?
Don Biondi - Planning Consultant for Northeast Utilities -
stated a soil scientist flagged the wetlands where the wet-
lands were shown on the town map ended. There seems to be an
additional three ( 3) acres of wetlands but will not be
affected by the proposed construction.
The crossing is currently 12-14 feet wide and there is a 30
rcp pipe currently there.
Tom St. Dennis - Professional Engineer and Civil Engineer for
the project - stated that the drainage system is to limit
the environmental impact on the wetlands. ghe applicant does
not want to impact the crossing at Deming Road (16 inch pipe
currently there) so two detention basins have been established
which serve the new areas as well as a portion of the old
area. One basin will be man-made and the other will be
formed by the roadway berm in the wetlands .without altering
or grading in the roadway.
loved by Chairman Selner for a Summary Ruling. Seconded by
Commissioner Szczepanik.
All in Favor - Motion Carried.
Moved by Chairman Selner to have Application 90-10W go to a
Public Hearing at the June 5, 1990 meeting so the Commission
may review the site and receive all necessary information (ie . ,
Soil Scientist Report) . Seconded by Commissioner IM'lurphy.
Chairman Selner stated he would like to see a buffer around
the wetlands for future protection.
Fr. Hiorbal stated that there may be two issues before the
Commission. One is for the activities within the regulated
areas. Discussion was also presented on re-establishment of
a wetlands boundary on a parcel of property that there is not
any activity on the property -- in the sourthern portion of
the property.
All in favor - Notion Carried.
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Application 90-12W. Re-establishment of a wetland boundary on
Lot 1 , Northeast Utilities.
Moved by Chairman Selner to have Application 90-12W go to a
Public Hearing at the June 5, 1990 meeting. Seconded by
Commissioner T:'iurdoch.
All in Favor - Notion Carried.
Application 20-11WI Proposal by the Town of Berlin to con-
struct an addition to the existing Municipal Complex within
both a wetland and flood hazard area on Lot 8 , Block 83A ,
Town Farm Lane .
Nr. Horbal represented the Town. The Town of Berlin is
requesting, through the Executive Board, permission to con-
struct an addition to the Municipal facility for storage of
ambulances, for a five-year period, on Town Farm lane.
Floodproofing of the building has been suggested to the
Executive Board and they are willing to undertake that option.
One option of floodproofing would be to construct the first
floor of the building above the floodway which would put the
structure five-six feet higher than the other structures in
the area. -- an excessive ramp would be needed to get in and
out of the building. Option 2 would be to place all mechanical
and electrical materials above the flood elevation. Option
2 is more favorable at this time .
"Zero" impact is being proposed and large garage doors are
being placed in the front and back of the building. Vehicles
would drive in the back and out the front of the building.
The first floor would be below the flood elevation of 45 feet.
Moved by Chairman Selner to accept Application 90-11W1 as
shown on the plans entitled "Engineering Department, Town
of Berlin, Berlin, CT - Addition to Town of Berlin Municipal
Garage , Town Farm Lane - Sheet 1 of 3 - Contract: PW87-01 -
Date: Tiarch 16, 1987; Revised: May 1 , 1990" with all erosion
and sedimentation control devices to be installed to the
satisfaction of the Town Engineer prior to the commencement
of construction. Seconded by Commissioner Murphy.
All in Favor - Motion Carried.
Iox Trill Subdivision - Louis Valentine
Bart Bovee , TWA Engineering, represented the applicant.
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The subdivision is located off of Spruce Brook Road and is
on Wilkes pond Road (which used to be Jarvis Lane ) . hdr.
Valentine has been to the Planning Commission with the plan
and it was approved. There would be no regulated activity in
the wetlands. The soil is_gravel and tilly. The development
would be served by sewer and water and the homes will be
approximately 30 x 60 on a 3/4 acre lot.
Pr. Bovee stated that the applicant has talked with the gown
Planner in regard to the open space subdivision and feasible
alternatives were discussed. The developer did not see a
feasible alternative due to cost.
The Commission stated there can be a problem with the road
crossing but the building of the homes so close to the
wetlands is a problem.
The developer will work with staff to resolve the problem.
Other Business to Come Properly Before the Commission
Application 84-8W - Vineyard Acres Subdivision - Jim Horbal
stated that Denise Conklin stated that Soil Conservation
Services does not have adequate staff to view the site .
Chairman Selner stated that there is still an ongoing problem.
The silt fence presently there is inadequate as it has been
washed out in several areas.
hr. Horbal stated he had been in contact with hr. Wicklund late
last week and informed him of the Commission' s concerns. He
expressed that the erosion and sedimentation controls should
be re-installed to the proper specification. Mr. Wicklund
assured Pr. Horbal he would look into and address the situation
before the meeting.
Chairman Selner stated that on Sherry Lane there is quite a
bit of asphalt and dirt that has been dumped on the site .
Chairman Selner also stated that upon investigation by Pair.
Horbal, for the Town, and Hr. Selner, for the Commission, they
found that there is an excavation activity in the vicinity
of Sherry Lane and the Vineyard Acres Subdivision which is
resulting in the discharge of run-off into a wetland without
a permit -- a violation of Chapter 440 of the Connecticut
General Statutes.
Under 22A44 of the General Statutes, he , the owner of the
property in question, is ordered to cease and desist such
activity and furthermore to be notified that the Berlin In-
land Wetlands Commission shall conduct a hearing on Tuesday,
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Nay 8, 1990 at 7 p.m. at which time the owner will be granted
an opportunity to be heard and show cause why the cease and
desist order should not remain in effect.
Loved by Chairman Selner that Earl Wicklund, Inc. cease and
desist from said excavation activity that he be notified a
hearing be conducted on Tuesday, Nay 8 , 1990 at 7 p.m. at
which time he can appear and be heard in regard to said
cease and desist. Seconded by Commissioner Murdoch.
Chairman Selner stated that there is not a permit for the
gravel operation which is discharging into and adversely im-
pacting the wetlands.
It is the feeling of staff and Chairman Selner that a permit
is needed.
All in Favor - Motion Carried.
Chairman Selner stated that it has also been found that ex-
cavation along Sherry Lane is resulting in discharge of run-
off into wetlands east of Sherry Lane and is exceeding the
scope of the wetlands permit previously issued (84-08W) .
Notice should be given to Earl Wicklund, Inc. that the Commission
will conduct a hearing on Tuesday, Nay 8, 1990 for the pur-
pose of determing if the permit (84-08W) should be suspended
or revoked.
roved by Chairman Selner that the Inland Wetlands Commission
will conduct a hearing on Tuesday, Iiay 8, 1990 for the purpose
of determining if Permit 84-08W should be suspended or re-
voked. Seconded by Commissioner Murdoch.
Chairman Selner stated that the run-off proposed in Application
84-08W is in excess of what the Commission was originally
told it would be .
The observations are based on site visits by staff and Chairman
Selner.
All in Favor - potion Carried.
Alleged Violations
Berlin 1\lotor Inn
Er. Horbal stated there has been no response from the property
owner to date .
Dioved by Chairman Selner to authorize staff to pursue the
matter. Seconded by Commissioner Szczepanik.
All in Favor - liotion Carried.
• - 11 -
Tighe Property
Attorney Piichael Zizka represnted the property owner.
The property owner is proposing removing a portion of the
fill to the floodway line as shown on the town map and es-
tablish a vegitation buffer to enhance the area.
Attorney Zizka stated he had not met with Town Attorney Sullivan
until that afternoon. What would the commission like done on
the property?
Chairman Selner stated that there has been discussion on the
absolute minimum pullback of fill that could be done to get
out of the flood hazard zone. The 38 foot flood hazard has
been discussed at great length -- based on a limited channel.
The wetlands are not of the greatest characteristics.
The distance from the road is a factor. The minimum lot size
would require a 200 foot depth for the property, although
minimum lot size would not count. A 200 foot depth would
bring you back very close to the originally marked wetland
boundary per Chairman Seiner.
Chairman Selner stated he would like to see the fill pulled
back to the original wetlands lines and then a proper grading
down into the wetlands to enhance the wetlands and surrounding
area.
There is no need to bring the fill back to where it was in
1980.
The property owner must pull the fill out of the floodway and
the Commission would like to see "zero" impact on the property.
P;r. Horbal questionned whether there had been activity on the
property after 1980. P.1r. Zizka stated that there has been
some activity on the property since 1980.
Chairman belner stated that he would like the property owner
to submit an application to the Commission. Attorney Zizka
stated he cannot give direction to the Commission as to
what he will do because the Commission has not given him any
direction.
Attorney Sullivan stated he was told by Pir. Tighe ' s attorney
in the early fall they (the Commission) would have a restor-
ation plan (Application) for the site . To this date there
has been no plan/application.
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I:'r. Horbal stated that the Commission has not been satisfied
with the plans that have been presented. Suggestions have
been made to the property owner on what the Commission would
like to see done on the property.
Commissioner Szczepanik stated that quite a bit of information
was presented at the last meeting to the Commission. It
was originally ;discussed of withdrawing all the fill to the
original property line .
Ur. Tighe stated that hr. Hewitt has submitted three proposals
to the Commission and all were rejected. lir. Hewitt has not
received any direction from the Commission.
Commissioner Kuziak referred to the February, 1990 meeting
minutes as the Commission was giving direction to the property
owner at that time .
Attorney Zizka stated that if there was an interest in re-
solving the litigation, the Commission would adopt a position.
Ioved by Chairman Selner to table action on the `] ighe Property
until the June 5, 1990 meeting. Seconded by Commissioner
Kuziak.
All in favor - kotion Carried.
Labickas Property
Ir. Horbal stated that there has been no information received
yet from DEP.
Loved by Chairman Selner to table until adequate information
is received. Seconded by Commissioner Murdoch.
All in Favor - Motion Carried.
Crenella/Dumais Property
Chairman Selner stated he did a site visit on the Crenella
Property and the stream was piped and there was excess fill
placed on the Dumais Property beyond the limit of fill allowed
as shown on the site plan and has resulted in the backing u
of water to the property of Lombardi (property to the north
and creating a ponding situation.
Ways to resolve the problem were discussed. The best way to
resolve the problem upstream would be to have Ur. Dumais
remove the fill from his property to allow the property to
drain naturally and then Ur. Lombardi could place fill to the
same location -- 30 feet from the house allowing the place-
ment of fill according to planning standards.
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There was a concern on the Dumais property for destroying
natural vegitation if the fill is removed it can be accomplished
without significantly impacting the wetlands per Chairman
Seiner.
Ir. Dumais addressed the Commission and presented his site
plan.
I> r. Dumais would be willing to construct a swail instead of
removing the fill.
Loved by Chairman Seiner to have staff supervise the construc-
tion of the swail and removal of fill from the wetlands and
the site . seconded by Commissioner McCarthy.
All in lavor - I,(otion Carried.
The Commission stated they will work with her. Crenella after
the Dumais Property has been taken care of .
Adjournment
The meeting was adjourned at 10:45 p.m.
Respectfully Submitted,a'n \ I V p
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