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2005/05/03 I, I ,- L l F!L1HG r-ECc .. . ZuDS JUN III A q: 2L1 J -', ",' r I e_: - ..~ : ( S c: F" i': 1 C ~'~ INLAND WETLANDS W ATERCOURSE'C~$~ON TOWN ctEf\;'\----.. A regular meeting of the inland Wetlands Watercourse Commission was called to order at 7:00 p.m. on Tuesday, May 3, 2005 in room 8, Berlin Town Hall, Berlin, CT. PRESENT: Chairman Ray Jarema, Commissioners Michael Balinskas, Richard Poudrier, Alternate Commissioners Patrick Serra (seated), Scott Williams (seated), and Jim Horbal, Agent to the Commission. EXCUSED: Commissioners Allen King, Mark D' Amore, Frank Giuliano and Ralph Simeone. APPROV AL OF MINUTES: Commissioner Balinskas moved to approve the minutes with a few amendments, seconded by Commissioner Serra. The motion carried unanimously. AUDIENCE OF CITIZENS: Thomas Gerdis, 69 Seymour Road would like to see the ponds on Farmington Ave. filled m. Chairman Jarema informed the audience of the changes in the agenda. He stated that applications 05-03WF and 05-07W have been postponed until the June meeting. Chairman Jarema then read the Legal Notices. PUBLIC HEARING: Application 03-17WF-Proposal by Legion Square, LLC to construct a retail shopping center in both wetland and flood hazard zone on Lots #12, 14 and 22, Block 84, Farmington A venue and Massario Drive. The applicant is requesting the Commission to review and approve revisions to its existing permit for the Stop & Shop Supermarket proposal. These revisions are proposed as a result of permitting requirements established by the Army Core of Engineering (1) Removal of the control structure (weir) in the westerly pond. (2) Replacements of the circular cross culverts beneath the boulevard entrance with twin box culverts and (3) the Inland Wetlands Watercourse Commission Pagel2 elimination of subsurface storm-water management controls beneath the parking area. The Town's third party consultant has reviewed these changes. REPRESENTING THE APPLICATION: Attorney Tom Cody, Robinson & Cole, John Plante, Langan Engineering and Tim Mahoney. Attorney Cody submitted the proof of mailings to the abutters. Attorney Cody stated that the appeal filed by The Great Atlantic & Pacific Tea Company had been withdrawn. He also stated that there were discussions with DEP regarding a water diversion permit. DEP informed the applicant that the permit process is backlogged. Attorney Cody stated that his client felt that a water diversion permit would require an excessive amount of time to secure, thus minor changes were proposed in an effort to avoid that permit process. Mr. Plante concurred that if the design is adjusted, there is no need for a permit, The proposed revision to the existing wetland permit is a minor revision that relates to the storm-water management design for the project. The revision includes redesign of the hydraulic connection between the two ponds that are separated by the driveway that enters the project site from Farmington A venue. The proposed revision consists of substituting twin 5 foot-by-14 foot box culverts for the previously proposed weir and culvert combination. The bottom 12 inches of the proposed culverts will be filled with natural earth material to provide a natural-bottom hydraulic connection between the two ponds to the south of the site. This revision will result in the environmental benefit of providing for a continuous hydraulic connection between the ponds, which will enable existing aquatic life to move freely between the two sources. The proposed revision arises out of the determination by the Connecticut DEP that no water diversion permit would be required for this project. In conjunction with that determination, it was decided that the proposed revision would result in an environmental benefit for the project. With the proposed revision, the increases in pond elevations during the floods related to the 10,25 and 100 year storm events will actually be reduced slightly from that which was previously approved for the project. Moreover, the results reported within our previous flood impact studies are not affected by the revision thafis now being proposed. The proposed revision is minor in nature and will have an insignificant impact on the analysis and reports that were previously submitted in conjunction with the wetland permit application for the project. In fact, a slight environmental benefit will result from this revision. SPEAKING WITH CONCERNS: Inland Wetlands Watercourse Commission Pagel3 Henry Pistelnak, Four Rod Road Dave Galati, 53 Ledge Drive Tom Gerdis, 69 Seymour Road Commissioner Balinskas stated that the Board has zero tolerance for any impact to flood elevations. ST AFF COMMENTS: Mr. Horbal stated that the recommendations, listed by the Maguire Group should be part of the motion. Commissioner Balinskas moved to close the Public Hearing, seconded by Commissioner Poudrier. The motion carried unanimously. Commissioner Balinskas moved to approve the modifications with consideration given to the recommendations by the Maguire Group, seconded by Commissioner Poudrier. The motion carried unanimously. Application 05-02WF - Proposal by Benjamin Ancona to construct a residential structure alongside wetland area and within a flood hazard zone on Lot #67, Block 91, Lower Lane. The applicant is proposing to construct a residential structure along the west side of Lower Lane, adjacent to house #152 Lower Lane. Portions of the property contain wetlands, watercourses and flood plain/floodway zones. The Commission requested a review and comment from the various local agencies involved with public safety. REPRESENTING THE APPLICATION: Attorney Elton Harvey, Benjamin Ancona, Anthony Ancona, PE. Attorney Harvey stated that the Commission raised concerns regarding safety issues. Mr. Ancona reviewed the proposal with the Commission. Commissioner Balinskas asked Mr. Ancona for his qualifications. After discussion, it was noted that this type of application was the first to be worked on by Mr. Ancona. However, Mr. Ancona stated that he has communicated with FEMA. He stated that the net impact is minimal. He also stated that there is very low risk. Inland Wetlands Watercourse Commission Page/4 Commissioner Poudrier inquired about the property to the rear of the existing houses along Lower Lane. Mr. Ancona stated that his client owns the property to the rear of those houses. Commissioner Poudrier raised concerns regarding the movement of equipment in the rear. It was noted that the work in the rear of the property is to mitigate and to make the water flow better. Commission members questioned the proposal and its net impact on flood storage. Attorney Harvey stated that he would bring in documentation to insure zero tolerance. Attorney Harvey stated that he had written to the different safety agencies. He stated that he heard back from the Chief of Police. A serious flood may prevent police officers from providing medical and law enforcement services. The fire department has a flat bottom boat and scuba team. SPEAKING IN OPPOSITION: Charles Satkowski, 152 Lower Lane Richard Cieniewicz, 71 Lower Lane Attorney Harvey asked the two residents if they knew of any incidents that had occurred during a flood regarding safety issues. Mr. Cieniewicz responded "Not yet". Commissioner Balinskas raised questions regarding if safety agencies need to be involved in the permitting process. Chairman Jarema stated that detail is needed on the quantity of fill. Commissioner Balinskas stated that the applicant should provide some type of wetland buffer adjacent to the proposed improvements. Attorney Harvey stated that the buffer was proposed on the original plan. Commissioner Balinskas stated that a buffer is needed that doesn't impact the flood flow. Commissioner Williams moved to continue the Public Hearing until July, seconded by Commissioner Serra. The motion carried unanimously. It was noted that Attorney Harvey waived the rights to the prescribed time limitations on the Commission's actions. Application 05-03WF-Proposal by Frank .t\lhfrt fu ~QI1iP1Wt p8iidentiaJ itructures alongside wetland area on Lot 4F -I, Block 12F , Woods Edge Court. Inland Wetlands Watercourse Commission PagelS The applicant is proposing to obtain approval to construct residential structures on two previously reconfigured pieces of property on Woods Edge Court. Woods Edge Court was originally approved as a residential subdivision by this Commission in 1988 under application 88-18W as a 12-10t subdivision. The Commission at that time some six months earlier denied an application for subdivision of this property due to the potential to adversely impact a wetland and watercourse along the southerly end of the property. The developer recognized those impacts and redesigned the project to avoid those concerns and thus received approval under application 88-18W. Since that time, Mr. Horbal has had numerous conversations with the public regarding the intent of the Commission's approval and the placement of a residential structure on lot #4 of the subdivision. Lot #4 was a very large lot located off the cul-de-sac of Woods Edge Court. The northwest portion of lot #4 contained approximately 42,000 sq.-ft of non- wetland/non-flood prone area. This was the area considered developable under the application 88-18W. The remaining portion of lot #4 contained approximately 188,000 sq.-ft. of what was considered non-developable land due to the extent of the watercourse, wetland and flood plain areas within the parcel. In 2002, Mr. Albert subsequently re- established the boundary lines on lot #4 to create two separate and distinct parcels of property. The first created a buildable parcel in the northwest portion of lot #4 adjacent to lot 4J and the remaining portion of the parcel was added to the existing lot 4F. Lot 4 was transferred to a new owner and a new home was built. Now the applicant is attempting to secure an additional building site within the remaining area of the original lot that is surrounded by a watercourse, wetlands and flood prone land. This application was postponed until the June meeting. Application 05.04F.Proposal by James M. Shirley to construct a residential addition within the floodway on Lot 212, Block 91, #60 Lower Lane. The applicant is proposing an addition to an existing residential structure located with the floodway of the Mattabassett River, opposite Lower Lane Dairy. Lower Lane along the street frontage of this home will have several feet of water over the road surface during a 100-year storm event. The Commission requested reviews and comments from the various local agencies involved with public safety. REPRESENTING THE APPLICATION: Jim Shirley, Bart Bovee, MBA Engineering Mr. Bovee stated that a plan was submitted with revised grades. The addition will fall in the same location as the existing deck. Mr. Bovee stated that he understands the Commission's concerns, however, this is an existing house. The addition is not impacting the floodway. The elevation of the addition has been brought up 1 ft. The Inland Wetlands Watercourse Commission Page6 addition will be 25x12' to accommodate a parent. The applicant has received a variance from the ZBA Commission. Mr. Horbal asked if the applicant had considered going up with the addition. Mr. Bovee stated that the applicant could not go up because it would go to a 3-story residence. Again Commissioner Balinskas referred to clarifications regarding safety. He stated that he needed an interpretation of the Inland Wetland regulations. It was noted that the Town would not be able to participate in the NFIP insurance program if it did not start enforcing a specific FEMA guideline regarding structures in the flood plain, that are actually located in the flood way portion of the FEMA map. There were no proponents or opponents for this application. Commissioner Balinskas moved to table this application until the June meeting pending clarification of the regulations, seconded by Commissioner Williams. The motion carried unanimously. Application 05-05WF-Proposal by Midsun Group, Inc. to construct age restricted housing and appurtenances within both a wetland and a flood hazard zone on Lots 12 and 13, Block 90 #378 Four Rod Road. The applicant is proposing to construct a mixed use industrial/age restricted housing complex along the west side of Four Rod Road, approximately 400 feet south of the intersection of Four Rod Road and Winding Meadow lane. This is the former High- Speed Machine property. The proposal depicts the construction of single family residential structures to the west and north of the existing industrial building. Several regulated areas are proposed to receive direct impacts with the present layout. REPRESENTING THE APPLICATION: Tom Carlone, Architect, Bart Bovee, MBA Engineering, Brian Golumbiewski Mr. Carlone stated that approving this application would be an economic component for the Town. The present Southington business would move to Berlin, possibly creating jobs if the company grows. The site and the abandoned building would be cleaned up. Mr. Carlone gave an overview of the project involving the various soils on the property. He described the difficult wetlands along with the vegetation that survive in those Inland Wetlands Watercourse Commission Page7 wetlands. He stated that the applicant would disturb the contaminated areas. However, it would be monitored. Mr. Carlone stated that he would like to see a conservation easement with signage. He would also like a year round buffer planting. Mr. Golumbiewski gave an outstanding presentation regarding the different wetland areas. Mr. Bovee stated that he is proposing drainage and water run-off. Mr. Bovee stated that he is cognizant of the DEP regulations. Mr. Carlone spoke about the integrity of Midsun Group. SPEAKING WITH CONCERNS: Tom Laskar, Wildermere Road Henry Pistelnak, 335 Four Rod Road Richard Cieniewicz, Lower Lane Mr. Laskar asked about the contaminants on the property. Mr. Carlone stated that there are petroleum solvents in the ground, along with mud contaminants from the dumping of clay pots. The site has been monitored. The site will be cleaned up. Commissioner Balinskas asked about construction sequencing. Mr. Carlone stated that the first step would be to move into the building. The second step would be the environmental cleanup. The residential development would begin when economically viable. Mr. Bovee stated that he would provide the Commission with a phasing proposal. STAFF COMMENTS: Mr. Horbal asked about the large vernal pool on the property, how it would be protected with setbacks and buffer plantings. Commissioner Balinskas moved to continue the Public Hearing until the June meeting, seconded by Commissioner Serra. The motion carried unanimously. Inland Wetlands Watercourse Commission PagelS Application 05-06WF - Proposal by Carrier Enterprises, inc. to construct a residential subdivision within both a wetland and flood hazard zone on Lot lOB, Block 108 Wildermere Road. The applicant is proposing construction of a 3-10t re-subdivision of property along the north side of Wildermere Road between the intersection of Tree Hill Road and Jeffrey Lane. This property was originally proposed for development in conjunction with the Wildermere Road subdivision back in the late 1980s. The Commission at that time deemed that the area was not suitable for construction as it was proposed. The area contains both significant wetland and floodplain corridors, which the project proposed disturbing. REPRESENTING THE APPLICATION: Bart Bovee, MBA Engineering Mr. Bovee stated that the property is comprised of 26 acres with significant wetlands and a flood hazard zone located on it. The property has been on the market for several years. Only 3 lots would be able to be developed. A common driveway is needed for the properties. Mr. Bovee stated that Bill Jackson, Soil Scientist submitted a report depicting the delineation of the wetlands. The potential impact is less than 5000 sq. ft. STAFF COMMENTS: Mr. Horbal stated that there have been 2 different opinions from professionals regarding the wetland delineation. First the elevation was 6200 sq.- ft. and now it appears to be less than 5000 sq. ft. Mr. Horbal also asked if the disturbance for the construction of sanitary sewers is included with the delineation area. Mr. Bovee stated that there would only be a temporary impact. Mr. Bovee stated that there is a large portion that would be dedicated as open space. He stated that the square feet of the proposed homes would be 3,000 to 4000 sq. ft. The homes would be custom built. SPEAKING WITH CONCERNS: Betty Laskar, Wildermere Road and Mark Holmes, 146 Wildermere Road Their concerns were the existing standing water and the edge work landscaping. Inland Wetlands Watercourse Commission Page/9 Chairman Jarema stated that house locations were needed, center line of driveway, driveway elevation, flagging and plot plan and re-notice separate hearings for sq. ft. delineation. Commissioner Williams moved to continue the Public Hearing, seconded by Commissioner Serra. The motion carried unanimously. REGULAR MEETING: Application 05-07W-Proposal by Shuttle Meadow Development to construct age restricted housing alongside a wetland, construct utilities and discharge drainage into a wetland area, on Lot 4, lot 1A1, Part of Lot 78, Block 29E. The applicant is proposing to develop an age-restricted housing development to the rear of an area bounded by Farmington Ave., Lincoln Street and High Road. The proposal depicts the discharge of storm-water run-off into the wetland, construction of utilities into the wetland and construction of a large multi-unit building alongside the wetland. Commissioner Balinskas moved to postpone the Public Hearing until the June meeting due to public interest, seconded by Commissioner Serra. The motion carried unanimously. Application 05-08F-Proposal by Richard Bennett to construct a single family home within a flood hazard zone on Lots 16 & 17, Block 91, Pleasant Avenue. The applicant is proposing construction of a single-family residential structure at the southerly end of Pleasant Ave. along the westerly side of the street. The property lies within the flood plain of the Mattabassett River. REPRESENTING THE APPLICATION: Richard Bennett and Bart Bovee, MBA Engineering Mr. Bovee stated that the flood elevation is 46.5', and the street elevation is 45.96'. The area of impact is approximately 2100 sq. ft. No basement is proposed on this property. The mitigation area in the back is about 1 1/2 ft. STAFF COMMENTS: Mr. Horbal stated that an emergency vehicle would be able to navigate in 1 1/2 ft. of water. Mr. Horbal asked that all mitigation be completed before a Certificate of Occupancy is given. Inland Wetlands Watercourse Commission Page/lO Commissioner Balinskas moved to approve the application on the condition that all mitigation is completed before a Certificate of Occupancy is given. Commissioner Poudrier seconded the motion and it carried unanimously. OTHER BUSINESS TO COME PROPERLY BEFORE THE COMMISSION: #590 Wethersfield Road-Wiolette Kacperski-Notice of Violation: #274 Norton Road-Paul & Erik Haynes, Notice of Violation: Lot 47, Block 91-Bruce Avenue, Brandy Properties, Notice of Violation: Mr. Horbal stated that no new information has been given on the above violations. Application 96-02F-#77 Worthington Ridge, River Run Kennels, Notice of Violation: Mr. Horbal stated that he noticed non-permitted activity at #77 Worthington Ridge. He notified the Town Planner. He has not heard back from the Town Planner. CORRESPONDENCE: None ADJOURNMENT: Commissioner Serra moved to adjourn the meeting at 10:50 p.m., seconded by Commissioner Williams. The motion carried unanimously. 'Respectfully. Submitted, /' .lf~ Marie Ralph, Recording Secretary