2023-04-04
INLAND WETLANDS AND WATER COURSES COMMISSION
MEETING MINUTES
OF
APRIL 4, 2023
CALL TO ORDER:
The Inland Wetlands and Water Courses Commission Meeting was called to order by
Chairman Peter Nieman at 7:00 p.m. on April 4, 2023 in the Berlin Town Hall, Public
Works Department (Room 120), 240 Kensington Road, Berlin, CT. Additionally, the
meeting was accessible remotely through Zoom.
ATTENDANCE:
Chairman Peter Nieman, Commissioners: Gary Pavano, Rick White, Michael Cassetta, and
Bill Jackson. Absent: David Rogan and John Russo. Staff - Jim Horbal.
AUDIENCE OF CITIZENS: None.
MINUTES:
The minutes of the March 7, 2023 meeting were previously distributed for review.
Mr. David Lewczyk, 106 Brownstone Road, presented a picture to the Commissioners
and stated that he felt Mr. Stachowiak presented ‘false evidence’ at the last meeting.
Chairman Nieman requested that the minutes be tabled until the Commissioners can look
into the situation.
Commissioner Pavano made a motion to table the March 7, 2023 minutes approval for
further study, seconded by Commissioner Cassetta. The motion was unanimously
approved.
PUBLIC HEARINGS:
Commissioner Cassetta made a motion to open the Public Hearing for Application 22-
11W, seconded by Commissioner Pavano. The motion was unanimously approved.
Application 22-11W - Proposal by Teresa Dinardi to construct drainage improvements
discharging stormwater runoff within an upland review area on Lot 88-1, Block 91, # 359
Four Rod Road.
Attorney Wilson Carroll and Eric Peterson, P.E., Gardner & Peterson Associates, LLC,
were present for the Applicant.
Attorney Carroll summarized their activity since their last appearance:
- Updated the drainage plan to show additional homes on Winding Meadow Drive, up
to number 72 and the twin culverts under Winding Meadow Drive.
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- Updated the drainage plan with additional elevations to prove that discharge from
the proposed drainage system would not cause increased flooding to neighbors on
Winding Meadow Drive.
- Produced a comprehensive drainage report mapping the entire 359 Four Rod Road
watershed and modeling pre- and post-improvement watershed conditions to prove
that the proposed drainage improvements would not have any effect on the
intermittent watercourse at 359 Four Rod Road or on the twin culverts under
Winding Meadow Drive.
Mr. Eric Peterson, P.E. displayed a print and explained his additional findings:
On January 10, 2023, the Town of Berlin Inland Wetlands and Watercourse
Commission reviewed application #22-11W for an installation of a drainage
culvert at 359 Four Rod Road located within 50-feet of a regulated wetland.
The commission requested that the applicant depict additional topographic
data further east on the plan to depict the twin 30” drainage culverts that
cross under Winding Meadow Drive near house #72 and provide additional
calculations to determine any effect this application will have on the function
of the twin culverts and the properties adjacent to them. By utilizing the State
of Connecticut 2019 Orthophotography (aerial imagery) and the 2016
Capital Region Council of Government Lidar Topography, we were able to
determine the size of the watershed contributing to the twin culverts, and the
percent of impervious, grassland and woodland groundcover. From this
information we modeled the watershed to the twin culverts and the
watershed to the existing 12” culvert that currently discharges onto 359 Four
Rod Road and combined them to determine a current total peak flow to the
twin culverts. Furthermore, we added the new 18” culvert to the analysis and
modeled the total peak flow for the conditions after the 18” culvert
installation. The results of this analyses indicate that the installation of the
new culvert will not create an increase in peak flow to the twin culverts,
therefore it is our professional opinion that since there will be no increase,
we would not expect any change to the velocity or flow rate within the brook
leading to the twin culverts or to the twin culverts themselves.
Chairman Nieman asked if there were comments/questions from the Commissioners and
the audience.
Lori Primich, 52 Winding Meadow, commented that they keep calling it a ‘brook’ and it
is simply an area that catches runoff from the mountain and storms seasonally. Mr. Horbal
interjected that is referred to as an intermittent watercourse.
Tom Giove, 48 Winding Meadow, commented that it floods after a good rain in the
winter and he has to jack up his shed because of water. She came in there with a pool and
gazebo and took down arborvitae that held the water and is now going to give it to the
neighbors. It will be a big dis-service to all of us if this is voted in. What is their recourse?
Mr. Horbal answered that they can appeal to the court system. Winding Meadow was a
filled in swamp before wetlands regulations were created. The area is spongy and this
activity will not make things any worse than they already are. The engineer performed the
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analysis, as requested, on the property, not other lots, and have proven that this system will
work.
Commissioner Jackson asked Mr. Peterson for an explanation of the flows and drainage.
Commissioner Cassetta and Commissioner White additionally questioned the engineer and
he explained further drainage analysis and elevations. Chairman Nieman commented that
they must go by the information submitted to them from the professionals and must trust
that they know what will work properly.
Commissioner Pavano made a motion to close the public hearing for Application 22-
11W. The motion was seconded by Commissioner Cassetta. The motion was unanimously
approved.
Commissioner White made a motion to approve Application 22-11W with standard
conditions, seconded by Commissioner Pavano. The motion was unanimously approved.
Application 23-01W - Proposal by 175 West Main Street, LLC to construct a three lot
residential subdivision within both a wetland and upland review area on Lot 16, Block 127,
#235 Wethersfield Road.
Commissisoner Jackson recused himself from hearing this Application.
Mr. Jack Guilmartin, J.L. Surveying, Mr. Andrzej Stachowiak, P.E. and Mr. Frederick T.
Clark, P.E. and Mr. George Logan, REMA Ecological Services were all present for the
Applicant.
Mr. Guilmartin displayed prints and discussed the print revisions.
Mr. Stachowiak displayed prints and photos and addressed the previous concerns of
Trinkaus Engineering, LLC letter dated March 5, 2023 (on file). He then summarized:
A. Purview of the Planning & Zoning (P&Z) Commission.
See”Drainage/Groundwater Recharge Computations” by Frederick T. Clark P.E.
submitted.
B. Purview of the P & Z Commission – properties to the north of the site will see
reduced runoff volumes for any size of rainfall. A long French drain diverts
drainage from impervious surface of Wethersfield Road to where the Town is
currently sending all of the other Wethersfield Road drainage. For discussion on
lowering of runoff volumes see Soil Investigations done and on the
effectiveness of underground chambers see reference noted in paragraph A.
C. Purview of the P & Z Commission. See B above.
D. Information presented to the Inland Wetlands and Watercourses Commission
will be sufficient for the Commission to be able to make an informed decision.
E. The Town review process (through the various commissions) may result in
changes or modifications to our originally submitted plans. We are committed
to be in compliance with all Federal, State, and local regulations and to working
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with Town staff to address all issues that have or may come up, to the Town’s
satisfaction.
F. See E above.
Mr. Fred Clark, P.E., summarized his report (on file) for the Commissioners.
1. The wetland on subject lot (16) was filled in legally prior to the
Wetlands Act of the 1970s and it has been maintained as a mowed
lawn.
2. For the last 50 years the lot to the east ('Factory wetland lot') has
been carrying drainage from uphill properties, including subject lot by
means of a defined drainage ditch.
3. The downhill factory lot has been disturbed with various roads, drainage
piping, buildings/sheds on it and does not have a pristine wetland.
4. Drainage buildup (puddle) on subject lot was created by the downhill owner by
planting arborvitae and a berm at the property line circa 2004.
5. Soils on subject lot were tested during most adverse conditions of high
groundwater and slowest groundwater flow of the year.
6. Stormwater runoff from the subject lot onto the downstream neighbors
lots will be reduced for all storm conditions.
7. Proposed activities on subject lot do not take place in the delineated
only in its 50foot upland review area. Enhancements to the wetland are
proposed.
Mr. George Logan summarized his report (on file) which included recommendations:
The on-site delineated wetland includes a section that has been maintained as
lawn. On average, 9 to 11 inches of fine sandy fill has been placed over the pre-
existing wetland at this location.
A portion of the wetland further to the east is forested, and is part of a more
extensive wetland system, with poorly and very poorly drained soils (see
attached annotated photos). The on-site portion of the forested wetland has been
disturbed in the past, likely as part of agricultural activities (i.e., pasture), and
contains invasive shrub species.
From a wetland functions and values perspective, the on-site portion of the
wetland, having been previously disturbed and/or filled, and maintained as lawn,
does not confer to any great degree to the functions and values of the overall off-
site wetland and watercourse system. The on-site wetlands do not provide any
principal functions, and secondary functions and values such as groundwater
recharge/discharge, nutrient removal/transformation, and wildlife habitat are
limited.
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The proposed activities will not directly or indirectly alter the on-site wetland, or
impact down-gradient and off-site wetlands. Physical impacts, such as direct
filling is not proposed, and alteration of wetland hydrology, and degradation of
water quality, are not expected. In fact, even if no wetland enhancement was
proposed (see below) the on-site wetlands would continue to provide similar
functions and values pre- to post-development. With the proposed wetland
enhancement, human-use values, such as visual quality/aesthetics, educational
potential, and recreation (passive) will be enhanced.
REMA recommends a slightly different enhancement plan for the portion of the
on-site wetland that has been maintained as lawn. As is commonly understood,
productive wet meadow habitats, especially with pollinator plant species, are
becoming uncommon in Connecticut, as most meadows that are not maintained,
revert to scrub shrub and forested wetlands, often replete with invasive plant
species. The following wetland enhancement elements are recommended:
1. Define the southern limit of the on-site wet meadow wetland with a split rail
fence, maintaining an opening for access.
2. Roto-till the wet meadow portion (i.e., lawn) to a depth of 12 inches.
3. Amend soil with 1 to 2 inches of a topdressing, consisting of high quality,
leaf compost.
4. Seed and plant with native species (see attached tables).
5. After the first growing season, cut down vegetation to no closer than 4 inches
to the ground surface, once a year, either in late June or in early November.
For the above stated reasons, it is our professional opinion that the proposal before
the Commission does not constitute a significant activity, and will not result in a long-
term adverse impact to the regulated wetlands and watercourses, on-site or off-site, or
result in a significant loss of wetland/watercourse functions and values.
Chairman Nieman asked the audience if they had comments.
Mr. David Lewczyk, 106 Brownstone Road, questioned who will maintain the
conservation area and wetlands enhancements?
Mr. Guilmartin answered that the construction sequence information will be added to the
plans and Mr. Logan suggested a three year monitoring plan be incorporated. Mr. Horbal
answered that the Owner would set a bond and he would work with them to establish the
monitoring.
Lori Budney, 242 Wethersfield Road, felt that a lot of information has been given tonight
and would like time for Trinkaus Engineering to respond. Chairman Nieman replied that a
decision needs to be made tonight.
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Commissioner Pavano made a motion to close the Public Hearing for Application 23-
01W. The motion was seconded by Commissioner Cassetta. The motion was unanimously
approved.
Commissioner Pavano made a motion to approve Application 23-01W with the
following conditions:
1. That all erosion and sedimentation control devices be approved by, and installed to the
satisfaction of the Wetlands Agent prior to the commencement of construction.
2. That the construction footprint of the home on Lot #3 be “site specific” meaning any, and
all, changes of the house footprint depicted on the site plan must receive an additional
approval by the Wetlands Commission.
3. That all proposed Wetland Enhancements described in the REMA Ecological Services
Report dated April 4, 2023 be constructed prior to the issuance of a Certificate of
Occupancy and/or Bonded for Lot #3.
4. That prior to the issuance of a Certificate of Occupancy for Lot #3, a Bond must be
submitted to insure that the three (3) year monitoring inspection reports are both submitted,
and corrective recommendations are completed.
5. That all other construction related activities be installed in accordance with the submitted
plans entitled: "Boundary Map for 175 West Main Street, LLC, Lot 16 Block 127 Map 11-
1, 235 Wethersfield Road, Berlin, CT, Prepared by J L Surveying, 212 Old Brickyard Lane,
Berlin, CT, Dated 10/14/22 Revised 2/11/23, Sheets 1-4."
The motion was seconded by Commissioner Cassetta. The motion was unanimously
approved.
Commissioner Jackson returned to the meeting.
Application 23-03W – Proposal by Pistol Brook Holdings, LLC to fill a regulated area on
Lot 9, Block 72, #1709 Kensington Road.
Commissioner Cassetta made a motion to open the Public Hearing for Application 23-
03W, seconded by Commissioner Pavano. The motion was unanimously approved.
Gary Weber and Marc D’Amore, Pistol Brook Holdings, LLC and George Logan,
REMA Ecological Services, LLC were present for the application. Mr. Weber displayed a
print and explained that they are proposing to fill an approximate 1,700 square foot pond on
the site of the former Sunny Border Nursery located at the intersection of Kensington Road
and Orchard Road. The pond was originally constructed for irrigation purposes, supplying
water to both open fields and greenhouses located on the approximate 9.2 acre property.
George Logan, REMA Ecological Services, gave a quick summary of his report
characterizing the functions and values of the “as of right” non-regulated area.
The proposal would entail the filling of an isolated, man-made pond, which was used solely
for irrigation. This pond is the only regulated area within the limits of the subject site.
REMA Ecological Services investigated the irrigation pond on September 16, 2022. The
pond would receive excess water after irrigation, being in this lower landscape position,
which ensured some conservation of water. However, it would also receive excess nutrients
that would leach out from the planting beds ensuring that this pond was highly eutrophic.
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This meant that its use by wildlife, including amphibians was quite limited. Therefore, even
now, with nursery operation having been abandoned, there are limited functions and values
that this regulated resource offers. From the perspective of public health and safety, it is the
opinion of REMA that the filling of this man-made regulated resource does not constitute a
significant activity, and would not result in a significant loss of wetland/watercourse
functions and values.
Chairman Nieman asked if the Commissioners or residents had any comments.
Mr. Joseph Deloy, 1774 Kensington Road, said Marc Laviana told him that pond was
dug with a caterpiller and about 12’ deep. He is glad that the property is going to be cleaned
up.
Commissioner Cassetta made a motion to close the Public Hearing for Application
23-03W. The motion was seconded by Commissioner White. The motion was
unanimously approved.
Commissioner White made a motion to approve Application 23-03W, with Standard
Conditions. The motion was seconded by Commissioner Pavano. The motion was
unanimously approved.
REGULAR MEETING:
Application 23-04WF - Proposal by PDS Engineering & Construction Inc. Collier to
construct a building addition and related parking improvements within both an upland
review area and flood hazard zone on Lot 3A, Block 81, 400 Christian Lane.
Barton Bovee, P.E., H. E. Cole & Son, was present for the Applicant. He displayed a
print and reviewed the following report:
I. INTRODUCTION
1.1 Objective
The intent of this report is to summarize the engineering drainage analysis and
technical findings for 400 Christian Lane. The development team desires to present
to the Town of Berlin all of the pertinent site factors which have influenced the
plan; thereby making a joint effort to solidify a design proposal that ensures a
balance of quality, technical adequacy, and conservation. This document will
demonstrate that the proposed Stormwater Management plan will comply with the
Town of Berlin drainage criteria, and that there will be no significant impact on
downstream properties.
To achieve these objectives Harry E. Cole & Son (HEC) conducted an evaluation of
regulatory criteria, existing site conditions, and the proposed development plan.
Specific to this mission were the assessment of Stormwater Management
opportunities, constraints, and the various competing site factors, which are
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important to the design and layout of the project. Elements that were most critical in
developing a stormwater plan, included the following:
A.) An inventory and inspection of the site soils and surficial geology,
wetland/watercourses, surface drainage and runoff patterns, general forms of
vegetation, wildlife, and habitat values, topography-shapes, slopes and orientation,
physical constraints, surroundings.
B.) Site background and history.
C.) Zoning and land use regulations.
D.) Infrastructure capacity and demands.
E.) Off-site impacts, engineering, and construction practices.
F.) Previous Drainage Calculations.
II. EXISTING CONDITIONS
2.1 Site Location
The 4.0± acre subject site is located at 400 Christian Lane in Berlin, Connecticut.
2.2 Site Description
The current 4.0± acre project is comprised of one existing parcel currently zoned
GI-2. The parcel is previously developed with an industrial use of 1 primary
building, associate parking lot and outside storage. Soils on the site have a mix
between hydrologic ratings of B on the south/southwestern side of the property and
a rating of C on the remaining area of the property to the north/northeast. These B
type soils are composed of Udorthents-Urban land complex and the C type soils is
the Udorthents soil. As the site is previously developed, the drainage areas will only
comprise of the areas that is converted from gravel into impervious, i.e. buildings.
III. POST-DEVELOPMENT CONDITIONS
3.1 Proposed Facilities
The proposed plan will construction an addition to the rear of the existing building.
The addition will be 7,250 square foot. Majority of the building is to be constructed
within an area that is currently developed as a gravel roadway. The proposed plan
also includes the expansion of the parking lot to meet zoning requirements. The
addition building will have bathrooms that are to be connected to the existing
sanitary main located along the southern property boundary. Water service will be
provided through internal connections to the existing building.
3.2 Detention
Detention for the site will be provided in the form of retention basin for storage of
runoff from the roof leaders and adjacent parking lot. Stormwater will flow over the
parking through to the stone trench and then into the retention system. The basin is
anticipated to infiltrate and not outlet control structure is provided as the basin is
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located within the Floodway. The basin is only sized to decrease the peak flow from
the proposed development and is not included in any floodplain filling
compensation. A summary of the site flows is located in Appendix B. The summary
table depicts an overall decrease in runoff. The system is also sized to self-contain
the Water Quality Volume. These calculations can be found in Appendix C.
3.3 Floodplain Storage Volume
The site does contain a 100-yr Floodplain elevation of 45.0 through the site from
the potential flooding of the Willow Brook to the north; as well as the associated
Floodway. The building addition will be constructed outside the Floodplain, but
will have the Floodplain extended to the proposed loading dock area, similar to the
existing building’s configuration. The site will have a minor cut for the loading
dock and the proposed parking lot is to closely match the existing grade. These
calculations can be found in Appendix D.
IV. FINDINGS & CONCLUSION
Overall, the proposed building will have a stormwater system to collect the water
quality volume of the impervious area. The conveyance systems will adequately
convey runoff for all design storms. In summary, we believe the proposed
stormwater management plan has satisfied the Town of Berlin’s drainage criteria
and significant impacts to downstream properties should not occur.
Chairman Nieman asked the Commissioners if they had further questions. The
Commissioners asked a few questions of Mr. Bovee. Mr. Horbal explained that he will
work with the Applicant to remove existing structures and/or equipment from the floodway
Commissioner Cassetta made a motion to continue Application 23-04WF. The motion
was seconded by Commissioner Pavano. The motion was unanimously approved.
ADJOURNMENT:
Commissioner Cassetta made a motion to adjourn the meeting at 9:15 p.m. The
motion was seconded by Commissioner Jackson. The motion was unanimously approved.
Lecia Paonessa
Recording Secretary
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