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2005/09/06 --......... INLAND WETLANDS WATERCOURSE COMMISSION A regular meeting of the Inland Wetlands Watercourse Commission was called to order at 7:00 p.m. on Tuesday, September 6,2005 in room 8, Berlin Town Hall, Berlin, CT. PRESENT: Chairman Ray Jarema, Commissioners Richard Poudrier, Michael Balinskas, Frank Giuliano, Alternate Commissioner Scott Williams and Jim Horbal, Agent to the Commission. EXCUSED: Commissioners Allen King, Mark D' Amore and Alternate Commissioner Patrick Serra. APPROVAL OF MINUTES-MEETING OF AUGUST 2.2005: This item was postponed until the October meeting due to lack of Commissioners from the August meeting. AUDIENCE OF CITIZENS: Attorney Dennis Kern asked the Commission if there has been any investigation on the part of the Town regarding the property north of Silver Ridge development. Attorney Kern focused on the brook flow to the east. He asked if the Town had determined the level of impairment. Attorney Kern stated that he would appreciate it if Staff could go out and assess the brook to see if remediation is necessary. Attorney Kern stated that now is the time to do this before other developers come in. Mr. Horbal stated that the Town does not have funds to provide experts. Attorney Kern stated that the stream has been impacted. Mr. Horbal stated .that he had advised the developer of the upstream project. He also stated that he had talked to the contractors and had walked the site. However he did not go downstream. , ~~ ~ Chairman Jarema suggested that cr. Coastal Conservation take a look at the R~jct. ~ ~~:::~; g Attorney Kern stated that the Land Trust would have to find the resources if t4f5Towtf( cannot. L. c. -- L_ ~n:.i ( - / ~ ('- ) \<~~ \ .! , ~ ....,1 ,-.: 0~ u -D I l- e...:> C> \~_,,,i. "'~. ~ '\ '., ......J '~-}>\ c:: X' '>oj t..:.1 I .:" a:J ~~'~-~.~ -',~ \ " " -:: .,-Q "" Lf"') ~::::lI C;:::::J c-.. --'"'" Inland Wetlands Watercourse Commission Pagel2 Bart Bovee, MBA Engineering commented that the Zoning Enforcement Officer made a visit to the subject property. Mr. Bovee and Mr. Horbal will review the site. Commissioner Poudrier moved to have Mr. Bovee and Mr. Horbal study 1200' of stream, which Attorney Kern will identify, seconded by Commissioner Giuliano. The motion carried unanimously. Mr. Bovee then asked to add an item to the agenda, a modification to Permit 97-15W. Mr. Bovee stated that he would like to modify the roadway and realign the road. After discussion, Commissioner Poudrier asked if this should be a new application. Mr. Bovee stated that his client is in a bind to get the road approved to secure CHFA financing. Commissioner Balinskas moved to add this item to the agenda, seconded by Commissioner Williams. The motion carried 4-1-0 with Commissioner Poudrier in opposition. PUBLIC HEARING: Application OS-07W: Proposal by Shuttle Meadow Development to construct age restricted housing alongside a wetland, construct utilities and discharge drainage into the wetland area, on Lot 4, Lot AI, and Lot 78, Block 29E, Farmington Avenue and Lincoln Street. The applicant is proposing construction of an age-restricted housing project to the rear of properties bounded by Farmington A venue, Lincoln Street and High Road. The applicant revised (August 30,2005) the project layout for the 3rd time its original submission on May 3, 2005. The latest revision relocates the main access point onto Farmington A venue rather than High Road, and its emergency access off High Road, rather than Lincoln Street. These changes were precipitated from comments of the police Commission and Fire Marshall's office. As of this writing, we have yet to review those changes. The applicant will make a complete presentation on the latest proposal. REPRESENTING THE APPLICATION: Attorney Peter Evans, Fred Clark, Phil Barlow, Jack Gilmartin and Thomas Coccomo. Mr. Caccomo stated that the Police Commission had reviewed the plans and indicated that the only allowable egress that they would approve would be on Farmington Ave. __";i> Inland Wetlands Watercourse Commission Pagel3 Since the Police Commission meeting, Mr. Coccomo revised his plans, which he shared with the Commissioners. Chairman Jarema stated that the Farmington Ave. entrance was the original plan. Attorney Evans stated that his client was trying to avoid the wetlands. Mr. Gilmartin discussed the new plans with the Commissioners. The entrance would be on Farmington Ave. with an emergency access on High Road. Mr. Gilmartin stated that the buildings would remain and a caretaker would live on site. Mr. Gilmartin addressed the noted comments from the Town Engineer. Attorney Evans stated that the Town Engineer's recommendations could be conditions of the approval. Mr. Clark stated that he had talked to the Town Engineer this very afternoon. Mr. Gilmartin stated that there is no direct impact to the wetlands. His client is 50' away. The retaining wall at issue has been moved 5' closer to the wetlands. Attorney Evans then discussed the fences around the compensatory basins that were suggested at the last meeting. He stated that the fences create a legal issue that a new standard would have to be met. He stated that this is an age-restricted development. He stated that it would be ill advised to establish fences for this project. Mr. Barlow, landscape architect stated that he would preserve as much vegetation as possible. He described the plants that would be used. The entire site would be seeded, and good size nursery stock would be used. The path construction would be made of wood chips. SPEAKING IN OPPOSITION: Thomas Zigmont, 311 Lincoln Street His concerns included safety in regards to the retention pond, the 42" pipe that was proposed. He presented photos showing the amount of water that flows when there is a 30- minute storm. . He also stated that there is a watercourse on the property. Mr. Ken Stevens, Soil Scientist stated that in 1990 there was a watercourse. Mr. Horbal retained the plans from the file to show the watercourse. Mr. Clark addressed some of the concerns. He stated that this project is not contributing to increase the peek flow. Mr. Clark also stated that there are no watercourses on the property . ~. Inland Wetlands Watercourse Commission Page/4 Attorney Evans stated that Staff and Mr. Stevens re-mapped the wetlands, plus another agency hired by the Town. He stated that 2 soil scientists agreed to the regulated areas on site. Commissioner Poudrier moved to close the Public Hearing, seconded by Commissioner Giuliano. The motion carried unanimously. Commissioner Balinskas moved to approve the application with the condition that the Town Engineer's comments are adhered to and all standard conditions are met. Commissioner Poudrier seconded the motion. Commissioner Balinskas stated that the fencing would be a Planning & Zoning issue. The motion to approve carried unanimously. At this time, Chairman Jarema called for a 5-minute recess. REGULAR MEETING: Application OS-03WF: Proposal by Frank Albert to construct residential structures alongside wetland areas on Lot 4F-l, Block 12F, Woods Edge Court. 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-lot 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 n 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 ~if.-" Inland Wetlands Watercourse Commission PagelS lot that is surrounded by a watercourse, wetlands and flood prone land. It is Mr. Horbal' s opinion that the expanding development coupled with previous infringements and secondary impacts pose a threat to significantly impact this wetland and watercourse. The applicant submitted a detailed legal opinion which this Commission requested review and comment from the Town Attorney. Attorney Robert Weber commented that he did not particularly agree with all aspects of the opinion, and re-emphasized that board members may consider any and all evidence presented to them during the decision making process on this application. REPRESENTING THE APPLICATION: Attorney Ken Slater. Chairman Jarema stated that the Commission had asked the Town Attorney for clarification to the comments made by Attorney Slater at the last meeting. At this time, Attorney Slater stated that he had no further comments. After discussion, Commissioner Balinskas moved to deny this application without prejudice. The suitability of activity is too close to the wetlands. The impact to the wetlands is not suitable according to Section 10.2F of the Wetland regulations. The motion to deny was seconded by Commissioner Giuliano. Commissioner Balinskas stated that he is not comfortable with trying to fit a house in this spot. There are too many impacts. STAFF COMMENTS: Mr. Horbal stated the Town Attorney did not agree with all the items written by Attorney Slater. The motion to deny without prejudice carried 4-1-0 with Chairman Jarema in opposition. Application 05-04W: Proposal by Charles Paonessa to construct a residential addition and related appurtenances alongside a wetland area on lot 10, Block 17, #1906 Chamberlain Highway.. The applicant is proposing to construct an addition to a residential structure located along the westerly side of the Chamberlain Highway at house #1906 which is slightly north of the South Kensington Fire House. Placement of the addition is highly restrictive due to the difficulty of reconstructing the existing septic system. There are no direct impacts proposed. A dense vegetative buffer will be established along the wetland area adjacent -' Inland Wetlands Watercourse Commission Pagel6 to the improvements. As requested by the Commission, the applicant has revised the plan to reflect the location of the existing functioning septic system. REPRESENTING THE APPLICATION: John Adams, PE Mr. Adams gave a brief overview. He stated that his client is required by the Health Department to provide the future reserve area for the septic system. STAFF COMMENTS: Mr. Horbal asked about the vegetation barrier. Mr. Adams stated that the vegetati ve construction barrier would be made up of arborvitae and balsam fir, pulling the proposed addition and future septic system away from the wetlands. A thorough review is being done by the sanitarian. Commissioner Balinskas had concerns regarding the vegetation buffer. His concerns were fir and arborvitae bushes versus berry bushes. Mr. Horbal stated that this issue is not critical at this point. Commissioner Poudrier moved to approve this application with all standard conditions met, seconded by Commissioner Williams. The motion carried unanimously. Application 05- WF: Proposal by national Sign Corporation and Hassmann Realty Assoc., LLC to construct streamside improvements along Crooked Brook on Lot 3, Block 107, #708 Four Rod Road. The applicant is proposing to undertake a significant landscaping renovation project along Crooked Brook at #'780 Four Rod Road. The property lies along the West Side of Four Rod Road opposite the intersection of Wildermere Road and Four Rod Road. They have consulted with the Connecticut River Coastal Conservation District and incorporated their comments into the project design. REPRESENTING THE APPLICATION: Russ Hassman Mr. Hassman reviewed the proposal with the Commissioners. He stated that he had contacted Connecticut Coastal Conservation (Wendy Goodfriend). He stated that Ms. - Inland Wetlands Watercourse Commission Pagel7 Goodfirend submitted her report. Mr. Hassman stated that he is adopting all of her recommendations. Machinery would be used for the landscaping. Commissioner Poudrier moved to approve the application, seconded by Commissioner Giuliano. The motion carried unanimously. Application 05-16W: Proposal by Coccomo Bros., LLC to place fill, and construct a driveway crossing within a wetland area on Lot 13, Block 74B, Summit Wood Drive. The applicant is proposing to construct a residential dwelling along the easterly side of Summit Wood Drive between house numbers 215 and 321. The activities involve the construction of an access driveway across a field -delineated wetland and potential service line connects to an on-site septic system. The applicant has yet to provide staff with a complete field delineation of on-site wetlands assessment. REPRESENTING THE APPLICATION: Thomas Coccomo and Jack Gilmartin, Hewitt Engineering Mr. Gilmartin stated that this site is for a house for Mr. Coccomo. Mr. Gilmartin stated that his client is looking for a driveway crossing across the wetlands. Mr. Gilmartin stated that he had visited the site with the sanitarian. The site was re-tested and met with her satisfaction. The delineation of the wetlands has been completed, however it is not indicated on the plans in front of the Commissioners. Commissioner Balinskas stated that he is confused as to where the wetlands are. Mr. Gilmartin highlighted the area. STAFF COMMENTS: Mr. Horbal asked for detail of the crossing. Mr. Gilmartin provided the information. Commissioner Balinskas asked why cross where you indicated? Mr. Gilmartin commented that the soil conditions are not acceptable. His client hit ledge 14" down. There is only 1 spot for the septic system. Commissioner Balinskas asked what could be done to fill as little as possible. Mr. Gilmartin explained. Chairman Jarema asked if other options had been pursued. ----;;."". Inland Wetlands Watercourse Commission PagelS Commissioner Balinskas stated that Mr. Coccomo should try to get some type of mitigation and create a wetland habitat. Commissioner Balinskas moved to table this item pending infonnation on another location and mitigation. Commissioner Giuliano seconded the motion and it carried unanimously. Application 05-17WF: Proposal by Mark Investments, Inc. to construct commercial retail improvements within both a Wetland and Flood Hazard Zone on numbers 145, 147 and 149 Burnham Street and numbers 974, 980 and 994 Farmington Avenue. The applicant is proposing the construction of a 15,000 sq.- ft. retail development (Walgreen's) along the southwest corner of the intersection of Farmington A venue and Burnham Street. The westerly boundary of the property lies along the Mattabassett River. Portions of the site lie within the 100- year flood plain. The proposal depicts the discharge of drainage into the Mattabassett River and activities to provide for compensatory storage in the flood hazard zone. REPRESENTING THE APPLICATION: Attorney Richard Pentore, Jeff Johnson and John Novak from BL Companies Attorney Pentore stated that this project consisted of a Walgreen's pharmacy. The existing buildings would come down. There would be no direct impact on the wetlands. There would be construction activity. The stonn-water runoff would be reduced 20%. There would be less impervious surface on the proposed site vs. existing conditions. Mr. Novak gave details of the drainage system STAFF COMMENTS: Mr. Horbal stated that the parking spaces issue would be a Planning & Zoning issue. The applicant is 10okiI1g for a permit for the discharge of drainage in the Mattabassett River, and a flood hazard permit. Chairman.Jarema suggested a Public Hearing for this application. Commissioner Giuliano moved to go to a Public Hearing, seconded by Commissioner Poudrier. The motion carried 4-1-0 with Commissioner Balinskas in opposition. ~.JiF'~ Inland Wetlands Watercourse Commission Page/9 OTHER BUSINESS TO COME PROPERLY BEFORE THE COMMISSION: SVEA Social Club-999 Kensington Road-Notice of Violation This office was recently notified of a potential violation on the property (999 Kensington Road). Upon inspection, it was determined that a substantial amount of fill has been placed along the downstream side of the driveway/causeway of Swede's Pond. The property has been notified to appear to show cause for their actions. Mr. Horbal suggests that the Commission require an As-Built plan be prepared by the property owner to more accurately identify the disturbance. REPRESENTING THE VIOLATION: Dave Lund, President of the SVEA Club and Jack Dudec Mr. Horbal stated that he had received a call stating that activity is taking place on the SVEA property. It was determined that a significant amount of fill had been placed along the downstream side of the pond's spillway. Mr. Lund stated that DEP inspected the dam, and the Club is in the process of coming up with an emergency operations plan. Trees have been cut down. STAFF COMMENTS: Mr. Horbal suggested that the Club not receive any more fill until a further assessment of the present activity was assessed. Permits are required. Mr. Lund stated that DEP comes out every couple of months to inspect. Mr. Horbal stated that he would work with Mr. Lund. The club is performing work to stabilize the pond's spillway in accordance with a work order from DEP. The State DEP has been routinely inspecting the work Mr. Horbal will report back at the October meeting. Commissioner Poudrier suggested that the complaints are channeled to Mr. Horbal, and he would follow up. 97-15W-MERIT CORP: MODIFICATION TO PERMIT REPRESENTING THE MODIFICATION: Bart Bovee, MBA Engineering Mr. Bovee explained to the Commission that he is looking for a modification for the relocation of the driveway. The proposed amendments to the existing permit include an addition of a new 25,000 square foot commercial/office building to be constructed along the properties of the Berlin Turnpike frontage. The development of the new building -----.;.,.. Inland Wetlands Watercourse Commission Page/10 would include the construction of new parking areas, as well as the realignment of the approved driveway to the senior housing presently underway at the rear of the property. No additional wetland filling is proposed with this modification. The only impacts to the existing wetlands include storm water discharges, similar to the designs originally approved. He stated that time is of the essence in order to acquire CHF A financing. He stated that in the previous approval, the driveway came out on the Berlin Turnpike. Mr. Horbal expressed concerns with confusion over the true location of what was the existing farm road crossing. He stated that he is very uncomfortable using the existing farm road. Chairman Jarema stated that formal permit modifications need to be considered. Mr. Bovee asked for a conceptual letter of approval, and he would submit 2 applications at the next meeting. Mr. Horbal again expressed deep concerns with Staff approval and sign off of the requested permit modifications. Commissioner Poudrier stated to Mr. Bovee that he has placed Mr. Horbal and this Commission in a terrible spot by asking this of them, to modify the permit requirements at this time. Staff was directed to meet with the applicant to develop a strategy to address the modifications. Other Violations: Mr. Horbal stated that there is nothing new on other violations. The Commissioners discussed taking the violators to small claims court, however the Town Attorney is reluctant to go to small claims court. ADJOURNMENT: Commissioner Giuliano moved to adjourn the meeting at 10: 15 p.m., seconded by CommissiGner Williams. The motion carried unanimously. Marie Ralph, Recording Secretary