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2004/03/16 Approved Minutes INLAND WETLANDS WATERCOURSE COMMISSION A special meeting of the Inland Wetlands Watercourse Commission was called to order at 7:00 p.m. on Tuesday, March 16, 2004 in the Blanch Delaney Room, Peck Library, Berlin, CT. PRESENT: Chairman Ray Jarema, Commissioners Mark D'Amore, Frank Giuliano, Allen King, Richard Podrier, Alternate Commissioners Clyde Seiner (seated), Michelle Spacek (seated), Town Engineer, Tony Ferraro and Jim Horbal, Agent to the Commission. EXCUSED: Commissioners Ralph Simeone & Joseph Halloran PUBLIC HEARING: Application 03-I7WF (continued) Proposal by Legion Square, LLC to construct a retail shopping center in both a wetland and flood hazard zone on Lots 12,14, and 22, Block 84 Farmington Ave. & Massirio Drive. The applicant is proposing to construct a retail shopping center within an area bounded by Farmington Avenue and Massirio Drive on property currently known as the American Legion, Nation's Rent and the Town of Berlin. The proposal depicts filling along portions of the existing Nation's Rent access drive to accommodate a reconstructed entrance to the facility. The applicant is proposing significant pond-side restoration to greatly improve the habitat and aesthetic values of both the Deephouse and Town owned ponds within the project's limits. The proposal also involves a significant amount of activity within the Mattabassett River flood plain. In an effort to fully review this detailed application, the Town has outsourced an independent review of the proposal to Maguire Associates of New Britain, CT. The Maguire Group will give a response of their analysis for review at the Public Hearing. At this time, Mr. Ferraro stated that due to the complexity of this proposal, the Town has hired the Maguire Group to review the proposal. He stated that he had received 2 letters dated 3/8!2003 and 3/10/2003 from the Maguire Group, hired by the Town in review of the Inland Wetland application for the proposed Town Center Plaza Development. Inland Wetlands Watercourse Commission Page/2 The applicant and the intervenor both received a copy before tonight's meeting. Mr. Ferraro stated that the Town adheres to the FEMA insurance study done on 5/3/93. According to the study, the filling of the wetlands on the subject property will have zero impact. REPRESENTING THE APPLICATION: Attorney Thomas Cody Attorney Cody introduced Daniel Hageman and Derrick Kohl from the Maguire Group to report their findings. At this time, Attorney David Losse, representing A&P asked Mr. Kohl if the additional information on the cross-section was supplied before the hearing tonight. Mr. Kohl responded by saying that he had asked for an original backup electronic study. He received an e-mail on March 10, 2004 giving an additional point on cross-section 1ZS 30400 (copy attached). Mr. Hageman then started his presentation with the following: Wetland Delineation inventory, Evaluation and Impact Assessment: Environmental Planning Services dated October 23, 2003. Wetland Inventory Delineation Inventory, Evaluation and Impact Assessment Environmental Planning Services dated October 23, 2003, but containing additional information as presented to the Inland Wetland Commission on March 2, 2004. Application for Permission to conduct a regulated activity within and Inland Wetland or Watercourse area in Berlin: applicant Legion Square, LLC dated October 24, 2003. A plan set for retail development of Farmington Ave. and Massirio Drive, Town of Berlin. Application for Inland Wetlands Approval dated October 23, 2003, partially revised February 12, 2004 Package of 11x17"figures depicting various alternatives, site plans, mitigation cross- sections and a rendering and other information, 27 sheets. In his review he focused on wetland delineation, the removal of invasive plant species, wetland functions and values, mitigation and mitigation planting success, hydrology, soils, vegetation, invasive species management plan, de-watering wastewater, wetland cross-sections and construction sequencing. Mr. Kohl started his review with: Site plan drawings by Langan Engineering, dated 2/12/04 (reference fill) Stormwater management plan by Langan Engineering revised 2/12/04 (reference file) Mattabaissett River Flood Study by Langan engineering dated 12103/03 (reference fde) Stormwater management plan by Langan Engineering revised 2/12/04 (reference file) Inland Wetlands Watercourse Commission Page/3 In his assessment he focused on grading and drainage plans, soil erosion and sediment control plans, site details, stormwater management, a flood routing analysis, a Hec-Ras analysis and the Mattabassett River Flood Study and DEP permits. Mr. Kohl stated that although the FEMA FIS analysis and report indicates that there will be no impact to the flood level as a result of filling the wetlands in the floodplain fringe, a Flood routing analysis would confirm the conclusion in the FIS. Mr. Hageman and Mr. Kohl's findings (reference file). Chairman Jarema asked questions pertaining to outlet protection, weir height and culvert elevation. Related correspondence was submitted into the record (copies in file) in response to selected comments related to the landfill made by Mr. Hageman and selected comments related to the landfill made by Mr. Kohl of the Maguire Group dated 3/12/04. Attorney Cody then introduced Michael Klein, EPS, John Plante, PE, Langan Engineering, William Kay, PE and George Derrick, PE (discussing the flood study issues) to respond to Mr. Hageman and Mr. Kohl's findings. Mr. Klein reported that the wetland delineation was extended as requested. No new regulated activities were identified as a result of the additional flagging. Dame's Rocket and Bird's Foot Trefoil will be eliminated from the planting plan. An amended functions and values tables for the wetlands as well as an impact assessment table has been prepared. The footpath may require a short section of boardwalk or easement acquisition to complete a loop around the pond. Mr. Klein has provided for the section of the path that is on the property. The areas of enhancement, restoration and/ or creation have been determined and depicted on the plans. The mitigation plans are not final construction documents, and additional detail can be provided as a condition of approval. Additional hydrologic data will be collected at the beginning of this growing season and the final construction documents will be revised to reflect any changes. There is no doubt in mind that wetland hydrology can be established in the proposed mitigation areas. Final plans will include detailed grading and planting plans and specifications for plant growth media. The final mitigation-monitoring plan will include a requirement that any; remedial measures will be submitted to the Town of Berlin for review and concurrence. It will also include an invasive species management plan. The cross-section will be revised as requested and a detailed construction sequence including a dewatering plan will be prepared and included on the drawings. Plans will be submitted for approval upon completion of local permitting. The local wetlands permit is required in order for the Army Corps General Permit to be valid. s Mr. Klein also addressed the intervention petition filed by Attorney Losse on behalf of A&P. Inland Wetlands Watercourse Commission Page/4 Mr. Derrick discussed the flood study issues and flood routing analysis. He summarized his review by stating that even with the additional information provided, there will be no impact to the flood elevations. The flood routing analysis has similar results to the FEMA Study. The site is designed in accordance with design regulations, and the project is not in the floodway. Attorney Cody entered the different boards that were used for the presentation as exhibits (reference file). Attorney Hageman asked Mr. Hageman that in his professional opinion, if this application were approved would it meet the wetland regulations, the Flood Ordinance and standard accepted engineering practices? Mr. Hageman stated that with the revisions made, all items in question were satisfied. Based on his assumption, he would say yes as long as the applicant meets all requirements and the Town reviews the mitigation plan. Mr. Kohl responded by saying that the applicant has addressed a majority of items in question with final reviews by Town Staff. At this rime, Attorney Lose stated that he had not reviewed everything that had been filed. Attorney provided the a-mail from Langan Associates to Walter Goncarz, which was sent to Mr. Kohl regarding Hec-Ras for his review. Commissioner D'Amore moved to take a 15- minute break, seconded by Commissioner Giuliano. The morion carried unanimously. The meering reconvened. Mr. Kohl quesrioned the flood elevations. The applicant will submit a revised flood study Attorney Cody submitted related correspondence into the record (reference file) for the purpose of responding to comments and questions raised by the general public during the general public hearing dated 3!2/04 as well as to respond to the issues raised by the intervenor in this proceeding (ABcP) through its intervention petition. Mr. Goncarz, HRP Associates, representing the intervenor presented his rebuttal. He presented a brief summary (reference file) review of the plans and reports presented to the Town of Berlin Inland Wetlands Commission in support of an application by Stop & Inland Wetlands Watercourse Commission Page/5 Shop. Mr. Goncarz stated that overall the supporting, information submitted since HRP conducted its initial review of the application does not change his opinion, and that the application is deficient in meeting the requirements of an Inland Wetlands Permit. He then gave the main areas of deficiency. Hydraulic/Floodplain Depicted Quality of proposed,jill Diversion Permitting Landfill Distwbance Per»tittireg Sediment Permit for Construction/ACOE Alternatives analysis Mr. Goncarz stated that HRP provided a schematic of an alternative that allows for the substantial development of a 32,000- sq. ft. building space, and related parking without significant impact to the floodplain and wetlands. Mr. Goncarz stated that there is an alternative that can be built on this site that will allow for commercial development, and this would allow the other portions of the site to be used by the Town for recreation purposes. This would allow the Town to meet its objectives consistent with the Town of Berlin Plan of Conservation & Development and not prevent an interested applicant from developing the site. . Mr. Goncarz stated that with their revisions, the applicant has addressed concerns that were raised only half way. As part of the record, Attorney Losse included exhibits used by Mr. Goncarz For the record, Mr. Kohl stated that he was able to follow the presentation made by Mr. Goncarz. Mr. Kohl stated that he reserves the right to review the new information presented tonight. Commissioner Poudrier moved to take a 10- minute recess for the applicants to caucus, seconded by Commissioner D'Amore. The motion carved unanimously. When the meeting reconvened, Attorney Cody responded to Mr. Goncarz. Chairman Jarema then asked for comments from the public. Speakers; Michael Cassette, 323 Wethersfield Road spoke in favor of the project. Michael Horbal, 971 Norton Road & 1241 Farmington Ave. spoke in favor of the project, and questioned the intervenor's true concern for the environment based upon the conditions of the site that they occupy on Webster Square Road. Richard Cietiewicz, 70 Lower Lane spoke with concerns regarding flooding. Inland Wetlands Watercourse Commission Page16 Attorney Cody responded to comments from the public Mr. Derrick came to the podium once more and reiterated that there is no way this proposal could have an impact on the flood elevation. He compared the size of the project in relation to the size of the Mattabassett River Watershed. Attorney Cody then stated that the notion of a feasible and prudent alternative of the 32,000 sq. ft. building is not relevant. He stated that the wetland impact is at the gateway. This creates the impact not the size of the building. Attorney Cody then stated that he is comfortable with closing the public hearing. Attorney Cody then passed out a draft motion to approve Application 03-17WF. Attorney Losse then stated that Mr. Klein indicated that would there be no impact. Without knowing the proper flood elevation, we don't know if this is true. Attorney Losse then stated that he has great respect for Mr. Kay. However, DEP has permitted bizarre things to occur. He then stated that a smaller building would be more beneficial. He stated that calculations need to be done, therefore this application is incomplete. Attorney Cody responded by saying that ample evidence has been provided. He stated that this project is not a power plant. Contaminants on the site are very minor, and addressing the contaminants is a benefit. Commissioner Selner then asked Mr. Kohl questions regarding the comparison to smaller watershed on clay pit ponds. He stated that he would be more comfortable knowing what the flood elevations are within the site. Mr. Kohl stated that he reserves the right to review the new information regarding the impact on adjacent properties. Chairman Jarema called a 5-minute recess to confer with the Town Attorney. The meeting reconvened. Commissioner Giuliano moved to continue the public hearing until Tuesday, March 30, 2004 to have the Maguire Group evaluate the most recent submittal of information from Langan Associates. Commissioner King seconded the motion and it carried unanimously. Inland Wetlands Watercourse Commission Page17 ADJOURNMENT: Commissioner Spacek moved to adjourn the meeting at 11:05 p.m., seconded by Commissioner Giuliano. The motion carried unanimously. Respectfully Submitted, _.~ c> / > Marie Ralph, Recording Secretary -~ 0 0 ,~ ~ 2 '~ ~ .°~ n ~ ~ m ~ rn~ ~ n, _` ~ rn ~ ~~ v ~ n ~; -F D ~' : © ~ ~ ~ O; r=