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2013-06-04 INLAND WETLANDS AND WATERCOURSES COMMISSION MEETING MINUTES OF JUNE 4, 2013 A meeting of the Inland Wetlands and Water Courses Commission was called to order by Vice- Chairman Michael Cassetta at 7:10 p.m. on June 4, 2013 in Room 8 of the Town Hall, Berlin, CT. ATTENDANCE: Vice-Chairman Michael Cassetta, Commissioners Peter Nieman, Kate Boucher, Thomas Niemiec, Robert Nieman, Mark Rochette, and Alternate- Marc Laviana (seated). Absent: Michael Balinskas. Staff: James P. Horbal. AUDIENCE OF CITIZENS: None. REGULAR MEETING Application 13-01WF Proposal by Southington Road Associates, LLC to discharge drainage and – construct a seven lot residential subdivision alongside a wetland, watercourse, and flood hazard zone on Lot 12A/Block 15, # 57 Southington Road. Vice-Chairman Cassetta requested final remarks from Mr. Inga, Engineer for the Developer. Commissioner R. Nieman asked for a point of order. The hearing was closed last month so no new information can be submitted. Commissioner Cassetta and Mr. Horbal commented that there were unanswered questions/requests by the Commissioners last month, and Mr. Inga is available to answer those questions. Mr. Inga stated that there will be no impact to the wetlands or the review area. The design reflects all the suggestions that they are going to include in their application. Commissioner Cassetta commented that the Commission requested forebays be installed and wanted an explanation. Mr. Inga answered that he is not going to use forebays. The water will be taken through pipes. Commissioner R. Nieman questioned whether test pits were dug specifically by the lower catch basin. Mr. Inga answered that various areas were tested and all the soils for the area are the same. If the Commission wants to require a specific site as a condition of approval, they will test it. Commissioner Rochette questioned how the location of the lower catch basin was determined. Mr. Inga answered that was the area of least impact on the property. Commissioner Laviana added that there is an existing basin there now. Commissioner Cassetta questioned the flow of the water to that detention pond. Mr. Inga answered that the 25 year flood has nothing. The 100 year flood has some flow but they will deal with the requirements set by the State. A motion was made by Commissioner R. Nieman to table Application 13-01WF until the July 2, 2013 meeting. The motion was seconded by Commissioner Laviana and unanimously approved. Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 2 of 7 Application 13-04W– Proposal by the Town of Berlin to reconstruct an existing culvert along an un-named water course within Berlin Street located approximately 250’ west of the intersection of Berlin Street and Redwood Lane. Mr. Dennis Garceau of WMC Consulting Engineers, presented the project to the Commissioners following the summary submitted with the application (below). WMC Consulting Engineers has been retained by the Town of Berlin to prepare design plans for the replacement of a cross culvert under Berlin Street. The culvert conveys an unnamed tributary to the Mattabesset River and is located approximately 0.35 miles east of Mill Street (Route 372). The downstream section of the existing structure is in very poor condition and is proposed to be replaced this summer. The tributary flows in a northerly direction under Berlin Street with an upstream contributing drainage area of 2 approximately 0.19 mi (122 acres). The existing cross culvert consists of two distinct sections- an upstream 42 inch RCP portion which is in good condition and a downstream stone masonry conduit approximately 5 feet wide by 3.5 feet high which is beginning to collapse (see enclosed photos). The upstream channel is protected with modified riprap and appears to have been previously channelized and straightened. The downstream channel, which is more overgrown with vegetation, also has a straight alignment but lacks the formal riprap protection. The proposed replacement culvert is a 64 inch by 43 inch corrugated steel aluminized pipe arch with manufactured flared end sections. The existing manhole will be replaced with a new 10 foot diameter concrete manhole to maintain the existing change in culvert alignments as well as handle the two existing 15 inch storm drains. An intermediate riprap apron will be installed at the culvert outlet for erosion protection. The proposed road geometry will essentially match the existing roadway. Proposed project impacts are estimated to be: Impacts 2 Temporary CT Wetland Impacts195 ft (0.0045 acres) 2 Permanent CT Wetland Impacts11 ft (0.0003 acres) 2 Total CT Wetland Impacts206 ft (0.0048 acres) 2 Temporary CT Watercourse Impacts18 ft (0.0004 acres) 2 Permanent CT Watercourse Impacts647 ft (0.0148 acres) 2 Total CT Watercourse Impacts665 ft (0.0152 acres) 2 Total CT Impacts (Wetlands & Watercourse)871 ft (0.0200 acres) Permanent Fill within CT Wetlands & WatercourseTotal- 47 cy Earth Fill- 30 cy Streambed Material- 6 cy Riprap- 8 cy Granular Fill- 3 cy 2 Disturbance in 50ft Upland Review Area4575 ft (0.1050 acres) Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 3 of 7 Projects impacts will primarily be within the street right-of-way. However, portions of the proposed work will extend onto the following abutting private properties:  Upstream- Multi owner Complex, Stony Mill Lane, 17-1-145-27  Downstream- Amy & Robert Balko, 7 Redwood Lane, 17-1-133-24 During construction, Berlin Street will be closed to traffic through the project site. Construction will be performed by the Town Public Works Department and is scheduled to start July 2013 during typical low flow periods so that the stream flows can be pumped around the work site. The project is anticipated to take 1-2 months to complete. The plans depict recommended erosion and sedimentation controls as well as a water handling plan and details in accordance with the 2002 Connecticut Guidelines for Soil Erosion and Sedimentation Control. Effective control measures are expected to be installed and maintained throughout the duration of the project. Recommended measures include:  Perimeter sedimentation control systems (ie, silt fence and/or hay bales)  Upstream and downstream cofferdams to temporarily bypass stream flows around the work site  A pump sized to handle the estimated “average spring flow” (315 GPM recommended)  Pumping settling basin  Formalized pump intake  Stabilized construction entrance In accordance with the ConnDOT Drainage Manual, this culvert is classified as a “Small Structure” with a 50 year design frequency. The 50 year discharge was estimated using the USGS StreamStats application. Hydraulic conveyance for both existing and proposed crossings was computed using the FHWA HY-8 computer program, version 7.30. The following table summarizes the hydrologic and hydraulic design data: 2 Drainage Area0.19 mi (122 ac)ConnDOT “Small Structure” Design Discharge Frequency50 Year Design Discharge47 cfsBy USGS StreamStats Recommended Min. Roadway Freeboard1 ftTo edge of roadway Existing 50Yr Upstream Flood Elevation65.55 ftBy FHWA HY-8 program Existing 50Yr Roadway Freeboard±2.5 ft>1 ft, OK Existing 50Yr Culvert Outlet Velocity9.9 fpsBy FHWA HY-8 program Proposed 50Yr Upstream Flood Elevation65.28 ft<Existing, OK Proposed 50Yr Roadway Freeboard±2.7 ft>1 ft, OK Proposed 50Yr Culvert Outlet Velocity9.5 fps<Existing, OK Vice-Chairman Cassetta questioned the length of time for the project and how the road closure would be handled. Mr. Garceau answered that it will take a couple of months, and Mr. Horbal responded that the Town will help notify the public through notices and would prefer to perform the work during the summer not only to take advantage of lower water tables, but to avoid the school traffic and bus schedules during the summer. The detour would keep traffic on Main St. to Mill St. and back. Vice-Chairman Cassetta questioned the time frame of the application approval and necessity for a public hearing. Mr. Horbal suggested that, from a Staff point of view, due to public interest, it would be best to hold a public hearing. The application cannot be approved tonight due to the standard Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 4 of 7 ordinances, so conducting the hearing next month would allow the public to ask questions etc. and a decision could be made to close the hearing and make a determination at that time. A motion was made by Commissioner Rochette to schedule a Public Hearing for Application 13- 04W, due to public interest, for the July 2, 2013 meeting. The motion was seconded by Commissioner R.Nieman and unanimously approved. Application 13-05W -Proposal by Mark Holmes to construct recreational improvements within an Upland Review Area on Lot 42/Block 108, 146 Wildermere Rd. Mr. Bart Bovee was present with Mr. Holmes to explain the application. Mr. Bovee had previously submitted a site plan and explained that Mr. Holmes had constructed an asphalt basketball court for recreational purposes in an area that he was unaware was in the wetlands upland review area. The homes in that area of Wildermere Rd. were part of a subdivision from the 1980’s and Mr. Holmes was not aware of any restrictions. Mr. Bovee reported that someone reported Mr. Holmes to the Town, so Mr. Holmes came in and spoke to Staff and subsequently submitted an application to request a permitted use of the property in the rear of his home. The home is serviced by public sanitary so it was brought to Mr. Holmes attention that he might be requested to sign a waiver with the water and sewer department stating that if they had to dig under the court, (the Town) would not be responsible for the damages incurred. Mr. Horbal added that there are manholes nearby and it would be unlikely that the need would occur. Commissioner R. Nieman questioned if there were plans for a fence. Mr. Holmes answered, no. Commissioner Nieman added that a variance would likely be needed if there were plans for a fence. Commissioner Rochette questioned Mr. Bovee if there was any known negative impact, or possible future negative impact, to the area. Mr. Bovee was not aware of any. Commissioner R. Nieman stated that he knows from the history of the area that it was indeed an established grass lawn prior to becoming a basketball court. A motion was made by Commissioner Rochette to table Application 13-05W until the July 2, 2013 meeting. The motion was seconded by Commissioner R. Nieman and unanimously approved. Application 13-06F- Proposal by Philip Molski to construct an addition to a residential dwelling within the floodway of a Flood Hazard Zone on Lot 4C/Block 91, 114 Burnham Street. Mr. Bart Bovee was present with Mr. Molski to present the Application. Mr. Molski is requesting permission to construct a 450 sq. ft. addition to a residential structure located adjacent to the Mattabassett River which FEMA mapping indicates is within the floodway. This property was before the Commission several years ago for a garage and some mitigation was performed because of the low elevation, but this addition is above the 100 year storm elevation. Mr. Bovee added that since this application is strictly a floodway matter, it could be approved tonight so the homeowner could move on with the project. Mr. Bovee added that when flooding is seen in this area, the bridge is still actually above the water and the water passes over to the side of the property. Vice-Chairman Cassetta questioned the suggestion of a public hearing. Mr. Horbal answered that when the public sees activity in this area, they will possibly have questions. Commissioner Laviana questioned how much higher than the 100 year storm elevation this area is. Mr. Horbal answered about a foot. Commissioner Rochette questioned impacts on the Mattabassett River and Mr. Bovee said there were none. This is an existing structure that has withstood time. FEMA changed the elevation levels but it didn’t change where the house has always been. They are keeping the same footprint but adding the addition. All erosion control measures would be taken during construction. Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 5 of 7 A motion was made by Commissioner R. Nieman to schedule a Public Hearing for Application 13- 01WF, due to public interest, for the July 2, 2013 meeting. The motion was seconded by Commissioner Niemiec and unanimously approved. Application 13-07WF -Proposal by Richards Machine Tool Company to construct a 4,000 sq. ft. addition to an Industrial Facility with associated appurtenances with both an Upland Review area and Flood Hazard Zone on Lot 13/Block 84, 80 Massirio Drive. Mr. Bart Bovee represented the Applicant and provided the following information (submitted in the application): The applicant requests approval for proposed site improvements on the subject property. The property lies along Massirio Drive and is abutted to the southeast and southwest by the Town of Berlin (Veteran's Park) and by Veteran's Drive to the north west. The property lies within designated Flood Hazard Zone, with a 1% chance (100 year) flood elevation on 44'. The site also lies adjacent to inland wetland located to the southeast, on land of the Town of Berlin. The 50 foot upland review area extends into the subject property. The proposed development plan includes the expansion of the existing building, with a 4,032 (+/-) Sq. Ft. addition. The existing finished floor of the existing building is +/- 42.0 feet. The floor grade of the existing building will be raised to a grade of 44 feet, and will match the floor grade of the new addition. The plan also proposes the removal of an existing building (+/-1,200 Sq. Ft.) at the front of the site. The net impact will require the filling of approximately 150 CY of flood storage volume, to raise the floor to a grade even with the established 100 year flood grade (elev. 44 feet). Upon completion, the proposed building will be fully flood proofed, which is not the present condition. It is estimated that proposed improvements along the exterior of the building to provide access to the raised building will require an additional 50 CY of flood storage lose. These improvements would include stairs, handicap access ramps and loading capabilities. The total flood storage loss would be approximately 200 CY. The improvement of the site will also require the reconstruction of the parking areas. The existing parking area is a combination of old bituminous pavement and compacted gravel. Existing storm water runoff flows directly into the adjacent wetlands, without any pre-treatment of any kind. Due to the low grade of the site, it is not possible to installed underground storm water collection and treatment structures. The proposed grading and drainage plan proposes a storm water renovation area (approximately 500 Sq Ft. in area) adjacent at the lowest point on the parking area. This area lies within the 50 foot wetland upland review area, and will lies within 12 feet of the adjacent wetlands. In all, approximately 3,000 Sq. Ft. of construction activity will take place within the upland review area. Grading of the parking area will be balanced with existing conditions, including the removal of the front building. During a previous application for the Stop & Shop development by Legion Square, LLC, the IWWCC accepted testimony that any filling and related loss of flood storage in the area of the Flood Hazard Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 6 of 7 Zone will not significantly impact the overall flood elevation. The application has attached documentation (from the Stop & Shop application) to support this testimony, and believes the minor impact of the proposed raising of the building floors will not impact the overall flood elevation. During the proposed construction required for the project, all proper and necessary sedimentation and erosion control measures shall be utilized and shall be implemented as shown on the submitted Erosion and Sediment Control Plan. The Commissioners were familiar with the property location and had some general questions. Mr. Bovee added that they will try to continue working while the construction is commencing. The Planning and Zoning Department is pleased to have the area cleaned up. Commissioner R. Nieman questioned the size of the building and needing to raise the roof. Mr. Bovee answered that the owner is indeed hoping to grow the business enough to need a larger space and would like the option of splitting the area in the future. Commissioner Cassetta questioned how this plan works into the proposed park area. Mr. Horbal answered that there is still no design for the park area but in an ideal situation, he would like to see a walking trail about 10’ wide that would be in a non-wetland area. Mr. Bovee commented that there would not be a grade change in the area. Commissioner Cassetta questioned the placement of the fencing. Mr. Bovee answered that it would be removed around the front, but the back fence would remain and provides some security to the business. Mr. Bovee will retain the designer to get a past hydrology report for the area. Commissioner R. Nieman requested that the information be shared with the Commissioners as soon as possible so it can be reviewed before the meeting. Commissioner Laviana questioned Staff on the suggestion to hold a public hearing. Mr. Horbal answered that due to public interest, the property is in the center of town, within a flood plain, and in the central business district, it would be advised and won’t affect the time frame by waiting until next month. A motion was made by Commissioner Rochette to schedule a Public Hearing for Application 13- 07WF, due to public interest, for the July 2, 2013 meeting. The motion was seconded by Commissioner R. Nieman and unanimously approved. OTHER BUSINESS TO COME PROPERLY BEFORE THE COMMISSION: Application 11-06WF – Estates of Berlin, LLC – Request for Permit Modification Vice-Chairman Cassetta requested a report from the Applicant. Attorney Michael Bonanno of Jacobs, Walker, Rice & Barry, LLC and Land Surveyor John Wagenblatt (LRC Group) were present for the Developer to request another permit modification. Attorney Bonanno reported that the development has changed design groups and recently found a significant discrepancy in one of the proposed road locations in Phase 3 and Mr. Wagenblatt would like to present a proposal that would decrease the impact to the existing neighbors, and would have no impact on the wetlands. Vice-Chairman Cassetta requested the bi-weekly status report from the design team. Commissioner R. Nieman asked Staff if they are current with the reporting. Mr. Horbal answered, no. Attorney Bonanno and Mr. Wagenblatt apologized and said they would submit them. Mr. Wagenblatt explained that there was a significant vertical error from the previous design group. It would be very costly to the developer to have to blast so extensively. The unit locations will not change and the grading will remain within the original impact but the slope will change to 2:1 and a detention basin will become longer but within the original tree line. Mr. Wagenblatt presented a Inland Wetlands and Water Courses Commission Minutes – June 4, 2013 Page 7 of 7 cross-section (at the request of the Town Engineer). The first floors are higher on both sides of the road. Commissioner Cassetta questioned how much higher the road is going to be. Mr. Wagenblatt answered 17’ higher. This will minimize dealing with the ledge. Mr. Wagenblatt also explained the impact to the drainage (using the drawings). They are adding another set of catch basins to the west. They will still be blasting for sanitary and a few of the foundations. They are saving a few trees in one area. Commissioner R. Nieman suggested that he would like to take a walk in the area. A motion was made by Commissioner R. Nieman to table Application 11-06WF until the July 2, 2013 meeting. The motion was seconded by Commissioner Boucher and unanimously approved. Mr. Horbal commented that at the meeting with Staff, it was suggested that the area might be flagged (at the center line of the road, every 50’) so the Commissioners could see the impact. Commissioner R. Nieman does not want phase 3 to be started before this other work begins. Application 04-06WF – 85 Great Oak Drive – Notice of Violation Mr. Horbal was approached by Jack Guilmartin prior to the meeting tonight and reported that he has been retained by the Raynock’s to present their application and will make preparations for the July meeting. Ms. Tina Berger was present at the meeting to represent her mother but there was no further discussion. The Commissioners agreed on the postponement. MINUTES: The minutes of the May 7, 2013 meeting were previously distributed for review. The Secretary was requested to further research and document more of the meeting. A motion was made by Commissioner R. Nieman to table the approval of the minutes until the July meeting. The motion was seconded by Commissioner Laviana and the motion was unanimously approved. CORRESPONDENCE: Vice-Chairman Cassetta called attention to the brochure that was mailed to the Commissioners. Mr. Horbal requested a volunteer to accompany him on violation investigations. Several Commissioners agreed to help when called upon. ADJOURNMENT : Commissioner R. Nieman moved to adjourn the meeting at 8:35 p.m. The motion was seconded by Commissioner Laviana. The motion was unanimously approved. Lecia Paonessa Recording Secretary