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2003/03/04Approved Minutes TOWN OF BERLIN INLAND WETLANDS 8~ WATERCOURSE COMMISSION A Regular Meeting of the Inland Wetlands Watercourse Commission was called to order at 7:05 p.m. on Tuesday, March 4, 2003 in room 8, Berlin Town Hall, Berlin CT. PRESENT: Acting Chairman Ray Jarema Commissioners Ralph Simeone, Frank Giuliano, Mark D'Amore (arrived at 7:12 p.m.) and Ralph Simeone - Alternate Commissioner Lucille Hamilton {seated) EXCUSED: Chairman Michael Balinskas, Commissioner Joseph Halloran and Alternate Commissioner Clyde Selner ABSENT: Commissioner Adam Liegeot Acceptance of Minutes-Special Meeting of February 4, 2003 Commissioner Hamilton moved to place this item at the end of the agenda, seconded by Commissioner Simeone. Motion carried 4-0-0 Audience of Citizens: None Public Hesrina Application 03-03W- Proposal by Asal Realty to discharge drains®e into a wetland area on Lot 2N and 3, Block 90, #189 8 #191 Four Rod Road. REPRESENTING THE APPLICATION: Rod Hewitt, Engineer Mr. Hewitt is proposing a new 600' road with 10 lots and catch basins. Mr. Hewitt stated that surface water presently drains #owards Sugar Maple Lane Inland Wetlands 8 Watercourse CommissioMPage 2 and out towards Four Rod Road with a small amount draining towards the railroad tracks. Mr. Hewitt addressed questions, which arose regarding wetlands soil testing of the proposed sub -division. The soil scientist's report was provided to the Commission for their review. Mr. Hewitt stated that his client owns the property across the s#reet and he has provided an easement to allow for the discharge of drainage from this sub-division. Chairman Jarema questioned the size of the contributing watershed. Mr. Hewitt responded that he anticipates 2 to 3 acres. ~Mr. Hewitt provided the figures for the 2 and 5- year storm event. Mr. Hewitt also stated that sedimentation and erosion control is provided. Several abutting neighbors raised concerns. They were Thaddeus Cichowski, Gail Waz, Henry Petroski and Fred Mechelson. Some of the neighbors stated that they already have water in their yards and did not want any more. Mr. Hewitt stated that once the road is in, a large portion of the runoff would no longer drain towards Sugar Maple. Runoff in the area would be greatly reduced. Mr. Hewitt, upon Mr. Horbal's insistence agreed to construct a yard drain and swales to draw the water from draining into the Sugar Maple neighborhood. Prior to this project, surface water gets collected in a drain and gets discharged. Commissioner Simeone moved to close the hearing, seconded by Commissioner Hamilton. The motion carried unanimously. Commissioner D'Amore moved to approve the Application with the condition that a yard drain and swales be placed as discussed and standard conditions, seconded by Commissioner Simeone. The motion carried unanimously. Res~ulsr Meeting Application 02-22WF Proposal by Rita Rizzo, et al to place fill, construct driveways and utilities within a wetland area on Lot 2, Block 11 S, Toll Gate Road. Commissioner Giuliano abstained from discussion of this Application and left the room. REPRESENTING THE APPLICATION: Inland Wetlands 8 Watercourse CommissfoMPage 3 Bart Bovee, MBA Engineering Mr. Bovee stated that he is proposing a 5-lot sub-division, allowing for the division of the estate of Freda Ziel. Mr. Bovee presented a revised plan, which reflects some changes that were concerns to the Commission members. The Applicant is proposing mitigation to offset the proposed impacts of driveway crossings and drainage improvements. The plan depicts a series of buffer plantings, to be selected. Correspondence was received from the Conservation Commission regarding the protection of the Belcher Brook. Mr. Bovee reviewed his revised plans with the Commissioners: He proposed that the wetland mitigation area be expanded across the front of Lot 2-1. Buffer plantings have been indicated along the wetland areas adjacent to the fronts of the proposed house location. There will be possible buffer plantings for Lots 2-3 and 2-4. A conservation easement has been added across the portion of Lot 2-4 that lies adjacent to the Belcher Brook and related wetlands. This is in response to concerns raised by the Conservation Commission. A proposed storm water inlet control structure has been included with the driveway culvert design on Lot 2-1. The structure has been added in response to property owners concerned with extra runoff impacting their propertles. The structure will mitigate the impact of additional storm water runoff. There has been correspondence from Robin Brautigan, 11 Toll Gate Road expressing concerns with the potential increase in runoff across her property. Mr. Bovee stated that once vegetation is established, the runoff from the upstream development decreased. Mr. Bovee stated that the Applicant would agree to a condition of approval that the proposed wetland mitigation be installed prior to the issuance of a Building Permit for any of the proposed building lots. The installation of wetland buffer plantings wilt not be required until such time as each individual building lot be developed. Mr. Bovee will work with attorneys for the correct language. Inland Wetland & Watercourse Commission/Page 4 Mr. Horba! stated that his biggest concern is the construction sequencing, but he is satisfied with Mr. Bovee's proposal. Commissioner Simeone moved to approve the Application subject to the conditions stated, seconded by Commissioner Hamilton. The motion carried 4-0. At this time, Commissioner Giuliano returned to the meeting. Applica~lon 03-02W-Proposal by Theresa Rapacky to replace an existing culvert within intermittent water course on lot 74, Block 74, #153 Longview Drive. Mr. Horbal stated that the Applicant is in the process of having surveying work done and is requesting that this item be tabled until April. Commissioner D'Amore moved to table this item, seconded by Commissioner Giuliano. The motion carried unanimously. Other Business to Come Prouerly Before the Commission a. Application 93-04W-Kensington Health Care Center-Request for Extension of Construction Commencement Period, Transfer of Existing permit and modifications to Existing Permit REPRESENTING THE APPLICATION: Attomey James Ripper and Rod Hewitt, Engineer Attorney Ripper stated that his client is proposing 32 units. Some of the units will be ranch style and some will be Townhouse style. This project will include a meeting room and will be a gated community for 55 years and older population. This project will provide a 5.6 million- dollar tax base for the Town. Attomey Ripper stated that the impact on the wetlands with this project is significantly less than with the previous project. Mr. Hewitt explained that with the previous project all wetlands were impacted. The new proposal has paved areas and parking areas. Mr. Hewitt is proposing a sedimentation structure and detention pond outside the wetland areas. This will reduce the rate of discharge in the wetlands prior to its connection to the street drainage system. ~- Inland Wetlands 8 Watercourse Commission/Page 5 Mr. Horbal stated that the previous project would require adding fill to the wetlands. Chairman Jarema stated concerns with the sequencing. He stated that this is not a simple transfer. This looks like a new project. Attorney Ripper stated that in reality, this would become a dead project if it were considered a new project. Chairman Jarema stated that there is a major change in the proposal. Mr. Horbal stated that the Town Attorney ruled that an extension is valid until such time the Commission revokes the permit. The transfer is part of the regulations. The Commission needs to be comfortable with the modifications. Commissioner Simeone moved to extend the existing permit with a 2-year extension, seconded by Commissioner D'Amore. The motion carried unanimously. Commissioner D'Amore moved to transfer the existing permit from Warm Spring Mortgage Company to Berlin Development LLC seconded by Commissioner Giuliano. The motion carried unanimously. Mr. Horbal stated that he feels that Planning & Zoning will require sidewalks. Sidewalk construction would require an encroachment into the wetland area. Chairman Jarema stated that we need to look at what is present before this Commission now. Commissioner D'Amore moved to approve the mod cations for the existing permit, seconded by Commissioner Simeone. The motion carried 41 w~h Commissioner Hamilton abstaining. b. Town of Berlin Plan of Conservatton ~ Development-Discussion Mr. Horbal stated concerns with part of the overall sequence of events and the responsibility of the Commission regarding the establishment of a 100' regulatory review area along wetlands and or watercourse areas. Mr. Horbal explained the current procedures that are followed and the Commission's ability to regulate any and ail acctivities that may impact a regulated area. Inland Wetlands & Watercourse Corrimisslon/Page 6 Mr. Horbal stated that the Plan caNs for creating pedestrian friendly areas through Town. We need clarification as to how the Town plans to develop these areas. Mr. Horbal stated that this Commission needs to comment, or these items will be accepted and included in the Planning & Zoning Guidelines. Commission members addressed items 2.22 and 2.24 of the Plan. After discussion Commissioner Hamilton moved to remove item 2.24 from the Plan of Conservation 8~ Development, seconded by Commissioner Giuliano. The motion carried unanimously. Mr. Horbal will draft correspondence to Dennis Kem, Chairman of the Plan of Conservation & Development Commission regarding the Commission's concerns. c. Correspondence Chairman Jarema discussed several items of correspondence included in the Commissioner's packets. APPROVAL OF MINUTES: Chairman Jarema stated that Alternate Commissioner Clyde Seiner submitted in writing comments and concems regarding the acceptance of the minutes and Other Business to Come Properly Before the Commission. Chairman Jarema stated that the approval of the February Minutes could be tabled until the April meeting when Commissioner Seiner is in attendance. Commissioner D'Amore stated that he has not had a chance to review Mr. Selner's comments. Commissioner Giuliano stated that Commissioner Seiner is not present for this meeting. Commissioner D'Amore noted a spelling correction of his name. The Commission took no action on Commissioner Selner's corrections. Commissioner Hamilton moved to approve the February Minutes with the spelling correction of Commissioner D'Amore's name, seconded by Commissioner Simeone. The motion carried 4-1 with Commissioner D'Amore in opposition. ADJOURNMENT: ._ ~iJ3~IJ N1~01 Commissioner Simeone moved to adjourn the meeting at 9:20 ded by commissioner Giuliano. The motion carried unanimously ,.~ ~~~~~~~,~ -, R II Submitted, 9 Z~ d b Z ~dV EOUI ~~Aarie Ral h p , ecording Secretary ~i°il~ll~ ~U~ ~~fti~33i:f