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1998/05/05 ,. Amended and Approved Minutes F ORLIN co. TOWN OF BERLIN „it ti� INLAND WETLANDS 3 4:41,4 AND ° '" '' WATER COURSES COMMISSION �2�o R /�' 240 KENSINGTON RD. BERLIN, CT 06037 RPpRAtEO 1 MAY 5, 1998 The May 5, 1998 regular meeting of the Inland Wetland and Water Courses Commission was called to order at 7:06 p.m. in Room 8 of the Berlin Town Hall by Commissioner Ray Jarema. PRESENT- Chairman Michael Balinskas, Vice Chairman Ray Jarema, Commissioners Ralph Simeone, Cleveland Huggins, Joseph Porcaro - alternate, Tom Gerdis, Gene Bove, and Mr. James Horbal - Agent to the IWWCC. ABSENT- Commissioners Connie Marshall and Mark Morin. ACCEPTANCE OF MINUTES Commissioner Jarema made a motion to approve the minutes of 3/3/98 as written. Seconded by Commissioner Simeone. Four in favor. Two abstentions - one by Commissioner Gerdis and the other by Commissioner Bove. Motion carried. Commissioner Huggins made a motion to approve the minutes of 4/7/98 as written. Seconded by Commissioner Jarema. Four in favor. Two abstentions- one by Commissioner Gerdis and the other by Commissioner Bove. Motion carried. AUDIENCE OF CITIZENS None present. PUBLIC HEARING Chairman Balinskas read the legal notice that was printed in The Herald for this public hearing. James Horbal, Agent to the IWWCC, stated that the public hearing was open last meeting and we the commission received several comments from the public. The hearing is being continued this evening. Mr. Horbal noted that the property being spoken of is Lot 67J, Block 91, Lower Lane. There was a misprint on the agenda. 1. Application 98-05WF Proposal by Benjamin Ancona to construct a residential dwelling within a flood hazard zone on -2- Lot 67J, Block 91, Lower Lane. Commissioner Marshall was seated at 7:14 p.m. Commissioner Porcaro was unseated for this evening's meeting. Dr. Antonio Ancona, Engineer, stated that the applicant is proposing a raised ranch which will be outside the floodway. It is in a once every 100 year flood plain area. He further stated that the construction will not impact the neighbors. The house will be built with footings, and pilings and will not have a basement. Mr. Horbal stated, "In any given year there is a 10% chance of a storm reaching the height elevation." It was further noted that, "FEMA looks at it as the lowest habitable area must be flood proof." Mr. Antonio Ancona stated that 45.8 is the flood elevation level. Commissioner Huggins stated that"Mr. Ancona's front yard will be a swamp like it is now." Chairman Balinskas noted, "It's at elevation 42 now and has to be brought up to 47.5 to meet the FEMA regulations. Where is the fill coming from? Are you excavating the material out of the rear of the property and moving it to the front?" Mr. Ancona replied, "Yes." Dr. Antonio Ancona stated, "100 cubic yards of fill will be moved." Commissioner Jarema asked what the brook elevation was? Mr. Horbal replied, "39 or 40 feet." Mr. Horbal noted that the sanitary sewer service is provided by the Worthington Fire District for this area. Water is also provided by them. Chairman Balinskas asked, "Are you the minimum distance off the lot line?" Dr. Antonio Ancona replied, "Yes, almost twice as much." Chairman Balinskas stated, "I am concerned about the floodway." Mr. Horbal replied, "That issue has been rectified. Currently we're looking to submit this to DEP and seek a technical aspects of safety viewpoint." -3- Mr. Horbal made reference to section 5 - item 2 of the document entitled"An Ordinance Established Flood Plain Regulation for the Town of Berlin, CT." Mr. Horbal suggested that the public hearing be continued so that Staff may seek technical assistance from the State DEP. Vice Chairman Jarema made a motion to continue the public hearing to 6/2/98. Seconded by Commissioner Bove. All in favor. Motion carried. New drawings will be provided to the commission next meeting. 2. Application 98-09W Proposal by the Fox Hill Land Company, LLC to discharge drainage into a wetland area on Lot 3-1X, Block 141, Wilks Pond Road. Chairman Balinskas read the legal notice that was printed in The Herald for this public hearing. Bait Bovee, Professional Engineer of MBA Engineering, and Lou Valentine, President of Fox Hill Land Company, are both present this evening. Mr. George Logan, Soil Scientist, submitted topographies of the land within and adjacent to the Fox Hill Residential subdivision off Wilks Pond Road, Berlin. Mr. Logan stated that most of the property impact is in an area considered to be a wet meadow/shrub swamp. Mr. Horbal noted that the proposed plan is satisfactory with Staff and meets our concerns. The latest plan seems to enhance the wetlands. Vice Chairman Jarema made a motion to continue the public hearing to 6/2/98. Seconded by Commissioner Simeone. All in favor. Motion carried. 3. Application 98-08W Proposal by Allan R. Borghesi to place fill and construct drainage in a wetland area on Lot 11-C, Block 153, 114 New Park Drive. Mr. Allan Borghesi, part owner of 114 New Park Drive. A letter was received from Michael F. Gragnolai, Environmental Consultant, for this project. -4- The letter noted that the"wetland is characterized as a Palostrine scrub shrub wetland as described by Cowardin, et al, and (1979). Chairman Balinskas commented that we have not heard any offers of a specific mitigation area. Mr. Borghesi noted that he does not see an area that can be mitigated. Commissioner Simeone asked, "Are we looking at about 3,500 square feet?" Mr. Borghesi replied, "That's correct." Commissioner Huggins closed the public hearing at 9:00 p.m. Seconded by Commissioner Jarema. All in favor. Motion carried. Commissioner Gerdis made a motion to grant permission to fill the area with the following conditions: The area must consist of a strong buffer planting plan to be established from the outlet back around the U-shape; install a sedimentation structure at the last accessible structure outlet into the watercourses, and install a hooded style traps; all of the above to be approved by Staff Seconded by Commissioner Huggins. All in favor. Motion carried. Commissioner Bove made a motion to recess at 9:05 p.m. Seconded by Commissioner Huggins. All in favor. Motion carried. The Commission reconvened at 9:16 p.m. REGULAR MEETING 1. Application 97-23WF Proposal by Carl A. Ciarcia, Jr., to place fill, utilities and construct a roadway within a wetland area on Lot 2, Block 118, Orchard Road. Commissioner Huggins made a motion to table Application 97-23WF until 6/2/98. Seconded by Commissioner Simeone. All in favor. Motion carried. 2. Application 98-06F Proposal by Joseph L. Pandolfe to create a vehicle storage area in both a wetland and flood hazard area on Lot 2A, Block 76A, 525 Christian Lane. -5- Fred Clark is the Civil Engineer on this project. Joseph Pandolfe, the applicant, is present this evening. Mr. Clark stated that there is a 40 foot lawn area in the front of the property. A reduction of the impervious area of about 6,000 square feet. Mr. Pandolfe noted that the DMV and DEP monitors them and they don't have any violations. The dismantling of vehicles takes place on the property and stays within the requirements set by DMV and DEP. Commissioner Jarema asked if they were required to take a permit from DEP? Mr. Pandolfe replied no. Chairman Balinskas asked if there is a way to manage the subsurface oils. Mr. Clark stated that the vehicles come in and are dispersed to the proper areas immediately. Mr. Horbal commented, "It sounds as if the State monitors the site." Commissioner Gerdis made a motion to approve Application 98-06F. Seconded by Commissioner Bove. All in favor. Motion carried. 3. Application 97-15W - Revision to Existing Permit Bart Bovee, Professional Engineer of MBA Engineering represents the applicant. Mr. Bovee stated that the vernal pool is subject to the Army Corps'jurisdiction. The buyer is interested in moving the project through. There will be 2,700 square feet less of an impact on the wetlands than on the original proposal. Mr. Bovee added that there will be supplemental buffers around the vernal pool. Chairman Balinskas suggested guard rails be placed along the parking lot to prevent people from parking their vehicles on the grass. Commissioner Simeone made a motion to allow revisions to the existing permit with the following conditions. A double siltation fence be installed, construction fencing be installed and a guard rail be placed along the edge of the wetland. Seconded by Commissioner Jarema. Five in favor. One abstention by Commissioner Gerdis. -6- Motion carried. 4. Application 98-07WF Proposal by Shelco Filters/Robert LeConche to construct a manufacturing facility in a flood hazard area and discharge drainage into a wetland area on Lot 3B, Block 81, Christian Lane. Fred Clark, Engineer, represents the applicants and is present this evening. Robert and Debra LeConche, applicants, are both present this evening. Mr. LeConche stated that the parcel is about 6.5 acres and is located on the easterly side of Christian Lane. Willow Brook is on the southerly border. Mr. Clark submitted a report by Ken Stevens, Soil Scientist, for this project. Mr. Clark noted that the proposal consists of planting 377 shrubs on the site. Drainage is reasonably optimum for the site. A flap valve at the outlet and a hooded valve at the area of the catch basin will be installed. Chairman Balinskas stated that he was concerned about the drainage pipe going into the brook. Commissioner Marshall agreed. Mr. Horbal suggested that an 8x10 catch basin with baffles be installed as the sedimentation structure for this project. Mr. Clark agreed to this. Commissioner Gerdis made a motion to approve Application 98-07W with the stipulation that an additional sedimentation structure be installed and an as built drawing be submitted with the plan. Seconded by Commissioner Jarema. All in favor. Motion carried. 4. Application 98-10W Proposal by the City of Meriden to make improvements to its Water Treatment Plant and discharge backwash water into a regulated area on Lot 19, Block 19, Chamberlain Highway. Jim Erickson and David Lowman are employees of the City of Meriden. The applicant is enlarging and improving its present lagoon system to provide a higher degree of -7- treatment to the overflow water which discharges to Cat Hole Brook. These improvements are mandated by the DEP general permit process. Mr. Erickson stated that the lagoons will discharge into one area. These improvements will make the discharge waters cleaner. Commissioner Jarema asked what type of materials are settling and how deep are the lagoons. Mr. Erickson replied that the types of materials that are settling are silt and sand. The lagoons are 8 feet deep. Every 2-5 years the lagoons get cleaned out. Mr. Erickson stated that this meets all of DEP's requirements except the residual chlorine and aluminum factors. He further noted that the residual chlorine and aluminum factors should be taken care of through this procedure. It was noted that the entire site is located in Berlin. Commissioner Simeone made a motion to table Application 98-10F to the next meeting of 6/2/98. Seconded by Commissioner Jarema. All in favor. Motion carried. 5. Application 98-11F Proposal by the Town of Berlin to build a sand/salt storage facility within a flood hazard zone on Lot 14, Block 84, Massirio Drive. Jim Horbal stated that the Town is looking to bring the site up to date. The DEP states that municipalities bring their sites up to current standards. Mr. Horbal noted that the shed will store about a 1/2 year supply of various materials for the Town. The current site on Massirio Drive is our primary site. Mr. Horbal noted that he will have a full presentation at the next meeting. Mr. Horbal stated, "The facility would be 64x148 and will be constructed at elevation 46. Presently the site is at elevation 42." Commissioner Gerdis made a motion to have this item go to public hearing on 6/2/98. Seconded by Commissioner Bove. All in favor. Motion carried. -8- 6. OTHER BUSINESS TO COME PROPERLY BEFORE THE COMMISSION a. Application 97-05W- Transfer of Permit Mr. Manthey sold the development as a package and is requesting that the permit be transferred to that developer. Commissioner Bove made a motion to transfer the permit to the current owner. Seconded by Commissioner Gerdis. All in favor. Motion carried. c. #31 Pebble Brook Court-Discussion Mr. Carl Casserino would like to build a small pond on his property to enhance the area. His intent is to leave the rear of the property natural and to build a burm. Mr. Horbal suggested to the applicant to find out if there's any springs on the property to create a pond. Mr. Casserino will return next month with an application. d Wetland/Flood Hazard/Buffer Zone Encroachments 1. #92 Wildermere Road 2. #102 Wildermere Road 3. #127 Wildermere Road 4. #73 Jeffrey Lane 5. #42 Still Meadow Lane 6. #224 Norton Road Mr. Horbal gave commission members an overview of the wetland/flood hazard/buffer zone encroachments on the above noted properties. A letter will be sent to the above property owners. I. -9- ADJOURNMENT Commissioner Bove made a motion to adjourn the meeting at 11:15 p.m. Seconded by Commissioner Marshall. All in favor. Motion carried. Respectfully submitted, 44, 21( Tina M. DeGrandi Recording Secret cc: Commission Members James Horbal, Agent to the IWWCC IWWCC file Bonnie Therrien, Town Manager Linda Olson, Mayor c c7 - r r v • •_''� rf