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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. - 2 - 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. - 3 - 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. - 5 - 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. - 6 - 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. - 7 - 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. - 8 - 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. - 9 - 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, - 10 - 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. - 12 - 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. - 13 - 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 � r O 1` r