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1999/02/02Amended and Approved TOWN OF BERLIN INLAND WETLANDS AND WATER COURSES COMMISSION 240 KENSINGTON RD. BERLIN, CT 06037 February 2, 1999 Chairman Michael Balinskas called the February 2, 1999 regular meeting of the Inland Wetland and Water Courses Commission to order at 7:05 p.m. in Room 8 of the Berlin Town Hall. PRESENT -Chairman Michael Balinskas, Vice Chairman Ray Jazema, Commissioners Eugene Bove, Cleveland Huggins, Robert Clark, and alternates -James Zaresky and Joseph Porcaro, and James Horbal, Agent to the IWWCC. ABSENT -Commissioner Tom Gerdis (Term expired 1/99) EXCUSED -Commissioner Ralph Simeone ACCEPTANCE OF MINUTES -1/5/99 Commissioner Porcazo made a motion to approve the minutes of 1/5/99 as written. Seconded by Commissioner Huggins. Four in favor. One abstention by Commissioner Clark. Motion passed. AUDIENCE OF CITIZENS None present. ELECTION OF OFFICERS The election of officers will be discussed at the end of this meeting. REGULAR MEETING 1. Application 99-01 Proposal by Edward Kopowski to place fill, construct a residential structure and appurtenances on Lot lA, Block 53A, 685 High Road. Attorney Guy DeFrances, Jr. from Meriden represents the applicant, Edward Kopowski. Attorney DeFrances stated that this proposal is not disturbing the wetlands. The site was staked per the commissions' request of last month. Attorney DeFrances stated that no fill would be placed on this site. Inland Wetland and Water Courses Commission - 12/1/98 Meeting -2- Mr. James Horbal stated that the site is designated as a filled area based on what happened in the past. Mr. Horbal stated that he has concerns with the surrounding homes being within close proximity to the wetlands. Mr. Horbal further stated, "I am concerned with, at some point, having to deal with issues about encroachment." Commissioners' Huggins and Porcaro would like to see buffer plantings included in this proposal. Attorney DeFrances noted that the lot conforms to all the Town's zoning requirements. Chairman Balinskas stated that there was nothing noted on the property plans in terms of violations when the property sold. Commissioner Bove stated that the fill was periodically placed from the cemetery across the street over a period of years. Therefore, feeling no action is required on the previous issue. Several members concurred with Commissioner Bove. Chairman Balinskas suggested that Attorney DeFrances return next month with a planting schedule appropriate for a wetland buffer being a minimum, in this case, of 10 feet. A statement of condition will also be placed on the plot plan. Commissioner Huggins made a motion to table Application 99-01 to the March meeting. Seconded by Commissioner Bove. All in favor. Motion passed. Attorney DeFrances will work with Staff on specifics. 2. Application 99-02W Proposal by The Checkered Flag Raceway, Inc., to place fill and construct a parking area within a wetland area on Lot 4C, Block 115, 1762 Wilbur Cross Highway. Bart Bovee, Professional Engineer of MBA Engineering, represents the applicant. Ron Edelson is present this evening. Mr. Bovee noted that there is drainage being added to the existing plan. Inland Wetland and Water Courses Commission - 2/2/99 Meeting -3- The intent of this application is to have a clear record with this plan. James Horbal, Agent to the IWWCC, noted that there was a notice of intervention filed today by Sam and Barbara Edelson. Barbara Edelson stated that since there is no significant changes to this plan, she doesn't feel that this application can be reheard within a month. Mr. Horbal stated that he spoke to Attorney Sullivan regarding the withdrawn application and he made no reference to timetable requirements or a waiting period. Mr. Ron Edelson stated that maybe the Edelson's are right and could the commission vote to hear the application and then vote to go to public hearing. Commissioner Jarema stated, "If we vote to go to a public hearing on this, we have accepted to hear it." Commissioner Porcaro asked if there were time restraints as Mrs. Edelson said? Mr. Horbal replied, "Not when an application is withdrawn." Commissioner Jarema made a motion to go to a public hearing to be held on March 2, 1999. Seconded by Commissioner Porcaro. All in favor. Motion passed. 3. OTHER BUSINESS TO COME PROPERLY BEFORE THE COMMISSION a. Application 86-02W -Berlin Commerce Park -Permit Modification Bart Bovee, Professional Engineer of MBA Engineering, represents the applicant. Mr. Bovee noted that we are proposing a modification of an original proposal. The proposal now consists of adding an expansion of up to 20,000 square feet, and widening the building to 11, 567 square feet, relocating the brook, and placing 260 feet of culvert. The Town will be responsible for maintaining the riprap inlet 15 feet off the building, and pipe maintenance. The same drainage system will be used. Chairman Balinskas asked when the work is being planned for? Mr. Bovee replied that we are going to Planning and Zoning next week. Inland Wetland and Water Courses Commission - 2/2/99 Meeting -4- Commissioner Huggins made a motion to accept the permit modifications with the following conditions - 1) maintenance and upkeep on drainage within site be maintained, 2) a portion of the drainage ditch be riprapped and 3) maintain portion of piping to run 15 feet parallel off proposed building addition. Seconded by Commissioner Porcaro. Four in favor. One abstention by Commissioner Clark. Motion passed. b. Wetland/Flood Hazard/Buffer Zone Encroachments 1. #85 Rivergate Lane George Logan, Soil Scientist with Rema Ecological Services, LLC, represents the owner of 85 Rivergate Lane. Mr. Logan stated that 770 cubic yards was placed in the flood plain area. Mr. Logan noted that the proposed plan calls for restoration of a buffer zone next to Bradley Brook. See the attached letter dated January 28, 1999. Mr. Logan stated that there will be 315 trees and shrubs, 135 live plants and 2 specialized mixes to be used for this project. Mr. Logan's client would like to split the planting times and do one planting this season and one next season. If the entire project was started soon, it could be completed by springtime. Commissioner Jarema stated that a clear bonding is in order. Chairman Balinskas stated that the buffer plantings would be acceptable if the fill is removed. Several commissioners agreed that Mr. Logan's client should be present at the next meeting to speak with him directly. 2. #84 Rivergate Lane Relates to #85 Rivergate Lane. Correspondence There was no correspondence. Inland Wetland and Water Courses Commission - 2/1/99 Meeting -5- ELECTION OF OFFICERS Vice Chairman Jarema made a motion to nominate Michael Balinskas as Chairman. Seconded by Commissioner Huggins. All in favor. Motion passed. Commissioner Huggins moved to accept by acclamation. Seconded by Vice Chairman Jarema. All in favor. Motion passed. Commissioner Huggins made a motion to nominate Ray Jarema as Vice Chairman. Seconded by Commissioner Bove. All in favor. Motion passed. Commissioner Huggins moved to accept by acclamation. Seconded by Commissioner Porcaro. All in favor. Motion passed. ADJOURNMENT Commissioner Bove made a motion to adjourn the meeting at 9:21 p.m. Seconded by Vice Chairman Jarema. All in favor. Motion passed. Respectfully submitted, "'D -~ Tina M. DeGrand' Recording Secretary cc: Commission Members James Horbal, Agent to the IWWCC I WWCC file ~ ;°~ -G Bonnie Therrien, Town Manager ~'~~' `,:~ `--`,' ~ Linda Olson, Mayor ~z~ ~ _ ~. :~, ~, ~` - ~, . - -~a - -, : ~ `~ _.. __ ^~ _ ,_ _ ~~ -~ , ..G ~1~ ,~+ ~~. ~E~~ ~~~L~G~~A~ $E~~~~+~a5~ ~.~Lr 19 Foster Street Manchester, CT 06040 (860) 649-REMA (860) 647-8397 (fax) rema8~aol.com January 28, 1999 Town of Berlin Inland Wetlands and Watercourses Commission 240 Kensington Road Berlin, CT 06037 RE: Riparian Planting Plan 85 River Gate Lane, Berlin, CT Dear Commissioners: Enclosed please find a "Riparian Planting Plan " ("the Plan") prepared by a Licensed Landscape Architect with CR3, LLP, of Simsbury, Connecticut, for the above-referenced property. Although this plan was requested of us by January 22"d, 1999, after discussions with Mr. James Horbal we got an extension till today. The enclosed plan represents, in our opinion, an excellent solution for the restoration of the riparian buffer zone. It combines environmental and aesthetic amenities and functions in a way that a previous plan, approved by the Commission, did not (see attached Plan by MBA, Inc.). For example, this plan provides threefold the types of plantings proposed (15 vs. 5), provides more than seven times the amount of trees (23 vs. 7}, and more than six times the amount of shrubs (199 vs. 32) proposed for planting. Moreover, the current Plan provides evergreen trees and evergreen shrubs, which were not provided by the previous plan, and provides exceptional vertical and horizontal heterogeneity, with the inclusions of various plant life forms and planting beds. This enhanced structural diversity will provide excellent screening to the property's brook and increase opportunities for wildlife utilization. I am looking forward to presenting the merits of this Plan in greater detail at your next meeting. Respectfully submitted, REMA ECOLOGICAL SERVICES, LLC George T. Logan, MS Certified Professional Wetland Scientist (No. 581) Registered Soil Scientist VIA HAND-DELIVERY projects I Conn 197938ERSIletter6. doc Soil & Wetland Studies • Ecology • Environmental Planning & Management • Permitting • Ecological Restoration & Habitat Mitigation • Expert Testimony