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1995/04/04 Approved Minutes The April 4, 1995 Regular Meeting of the Inland Wetlands and Water Courses Commission was called to order at 7:03 p.m. in Room 7, Town Hall, by Chairman Michael Balinskas. Present: Commissioners Paul Argaz7i, David Colburn, Robert Estabrook, Jr., James McCarthy, Ralph Simeone, and Charles Warner, and Assistant Town Enginner James Horbal, Agent to the Commission. (Mr. Colburn left the meeting at 10:20 p.m.) A motion to approve the minutes as amended of the February 7, 1995 meeting was made by Mr. Warner, seconded by Mr. Simeone, and carried 5 to 0, with Mr. McCarthy abstaining and Chairman Balinskas not voting. Review of the March 7, 1995 meeting was tabled. Audience of Citizens Barton Bovee, P.E., MBA Engineering, requested that discussion of 424 Berlin Street (Pedemont Construction)be added to the agenda. A motion to add Piedmont Construction Co. as Item 4d and move correspondence to 4e was made by Mr. McCarthy, seconded by Mr. Warner. Mr. Colburn was in opposition of adding the item due to the length of the meeting. Mr. McCarthy stated the item involved installation of a security motion. The motion carried 5 to 1; Voting in favor: Commissioners Argazzi, Estabrook, McCarthy, Simeone, and Warner. Voting in opposition: Commissioner Colburn. Chairman Balinskas was not required to vote. PUBLIC HEARINGS 1. Application 95-03 Proposal by Lucy Grala to construct drainage improvements and outlet drainage into a wetland area on Lot 9, Block 71, Norton Road/Still Meadow Lane. This hearing is a continuation from March 7, 1995. The hearing was reopened at 7:17 p.m. The notice of public hearing appeared on the Berlin News Page of the New Britain Herald on Friday, February 24, 1995 and March 3, 1995. The following was submitted: The Inland Wetlands and Water Courses Commission for the Town of Berlin will hold a public hearing in Room 8 of the Town Hall, 240 Kensington Road, Berlin, CT, on Tuesday, March 7th, to consider the following: A proposal by Lucy Grala to construct improvements and outlet drainage into a wetland area on Lot 9, Block 71, North Road, Stillmeadow Lane. At this meeting interested persons may be heard. Written communications may be received. Copies of the application, maps, and documents relating to this hearing are open for inspection at the Office of the Town Enginner in Room 8 of the Town Hall. Dated in Berlin, CT, February 24, 1995. Attorney John Matulis,whose law practice is at 165 West Main Street in New Britain and a resident of Beckley Road, Berlin, representing the applicant, stated Mr. Barton Bovee would present the proposal for the applicant. Mr. Barton Bovee, P.E., MBA Engineering, representing the applicant, stated Town Engineer Morgan Seelye, Assistant Town Engineer James Horbal, and he had met and Berlin IWWC-April 4, 1995 Regular Meeting-2 discussed concerns of the drainage system. He referenced his letter to Mr. Horbal dated March 30th which revises the application to reflect three changes to the application, specifically: (1) modifications to the outlet structure; (2) enlargement to the renovation area; and (3) the design of one lot in accordance with zoning requirements. He referenced April 4th correspondence with resubmitted drainage computations. He stated Town Engineer Seelye and he have different opinions in regard to existing conditions. In response to staff comments, Mr. Bovee stated additional stormwater retention and a pipe requiring an overflow outlet structure are now proposed for the site and the design will be for a hundred year storm retention. He reported the Water Control Commission is still reviewing consideration of a water pump station or grinder pumps for the site. Mr. Bovee responded to further questions by the commissioners. Mr.Matulis stated a concern that some revisions that will be reflected on a set of prints which have not yet been submitted. Mr. Bovee and Mr. Horbal concured that whatever minor items need to be submitted to refine the drainage system will be submitted. No one from the audience wished to address the commission. A motion to close the hearing for Application 95-03 was made by Mr. McCarthy, seconded by Mr. Simeone, and carried unanimously. A motion to approve with conditions Application 95-03 Proposal by Lucy Grala to construct drainage improvements and outlet drainage into a wetland area on Lot 9, Block 71, Norton Road/Still Meadow Lane was made by Mr. Massirio The conditions are as follows: (1) Final sizing and location of the detention pond and outlet structures are to be reviewed and approved by staff; (2) All conditions of correspondence dated March 30, 1995 and April 4, 1995 from MBA Engineering to the Town of Berlin be made a part of this approval, and (3) Standard condtions of approval; (4) Approval contingent upon final review and approval of the plans by the Engineering Department. The motion was seconded by Mr. Warner and carried unanimously. 2. Application 95-04F Proposal by the City of New Britain to construct a • baseball stadium and related appurtenances with within a flood hazard zone on Lots 4, 5, and 6, Block 23A, New Britain Road/Route 71. Chairman Balinskas opened the public hearing at 7:37 p.m. He read the Notice of Public Hearing which appeared Friday, March 24, 1995 and March 31, 1995 in the Berlin News Page of the New Britain Herald. Mr. Peter Ledger Director of Parks and Recreation for the City of New Britain, addressed the commission and stated he would address the following in his presentation: The location of the stadium on the site with regard to the revised floodway limits and the existing floodplain limits; discussion of the existing elevations in relationship to the brook; changes in the floodway limits which were addressed based on the City's application approval with the Federal Emergency Management Agency; the effects on the level of the brook and any flooding upstream, on the site, and downstream by locating the facility in • Berlin IWWC-April 4, 1995 Regular Meeting-3 the park; mitigation efforts which have been considered regarding the displacement of storage area and review of specific details that will indicate any impact in the floodplain will be solely on the property of the City of New Britain's Willow Brook Park. He stated the majority of the construction, except for the playing field, will be in the Town of Berlin; the playing field will be filled about 2 to 2-1/2 feet and the surfaces of the stadium to 3-1/2 feet or more. Mr. Peter Kueny, P.E., McGuire Group, One Court Street, New Britain, CT representing the City of New Britain. He reported: McGuire Group had prepared a hydrology study for the site. He explained the City of New Britain Flood Insurance Study is dated 1981 and the Town of Berlin's study was published by the FEMA in 1980, later revised to May 3, 1993. The revised study was a result of the U.S. Geological Service's study on the effects of urbanization and flooding - one of the areas was Willow Brook. Flood discharges were doubled for the Willow Brook site. As a result, FEMA revised the studies for both communities. A study for New Britain was initiated but was never completed or may still be in the process of completion. The studies do not match between the communities showing a height difference of two feet for the site. The applicant met with the Department of Environmental Protection on several occasions; DEP recommended the City meet with FEMA in Boston. FEMA recommended requesting a revision to the mapping, using FEMA's application process for revising the floodplain as well as the floodway. As a result, a number of computer models were utilized. As a result, the floodplain lines were re-established. He further reviewed the process for obtaining map revisions for both the Town of Berlin and the City of New Britain. He spoke about the siting of the field in the middle of a flood plain. He stated his opinion there will be no negative impact on the Town of Berlin. Mr. Clarence Corbin, City Engineer, for the City of New Britain, reviewed options for the site. He stated any activity involving mitigation would entail material out of the wetlands and within the floodway area and was an alternative which was rejected and a major sewer line for the City is located through the tennis court area and the area could not be considered. An area which has a tributary may be a possible site for mitigation. Mr. Ledger stated a calculation that about twenty percent of the water in Willow Brook comes from the Hungerford site; a damming structure had been considered. He stated the opportunity to mitigate does not exist because of the the low area of the site which is surrounded by highway and other facilities. He stated New Britain's research and studies of the site for the project have been thorough, with both the Department of Environment Protection Department and the Department of Economic Development, major funding sources, being satisfied with the City's findings. Mr. Led ger stated some surrounding buildings, including the ticket booth, will be removed. Mr. Kueny and Mr. Ledger explained the application process to DED and DEP, a process which has taken four to six months. Berlin IWWC-April 4, 1995 Regular Meeting-4 In response to Mr. McCarthy's question, Mr. Kueny stated FEMA has approved the Berlin side of the project; however, the New Britain side has multiple owners, and individual letters of endorsement have not been received. In lieu of this, FEMA has given those property owners a 90 day period in which to respond to the published information. April 6th and April 13th, 1995 were stated to be the dates of public notice in the New Britain Herald. Mr.Ledger stated Schallers's and Arute Brothers, abutting property owners, will be notified. Mr. Horbal stated Mayor Peters has submitted a letter stating agreement with the computions requesting amendments to the official mapping. He stated staff concurs with the computations. Mr. Vincent Durante, Pheasant Run, Kensington, questioned the possibility of increasing or decreasing the flooding of New Britain Road due to the project. Mr. Kueny responded the elevation of New Britain Road is undesirable, even though the State of Connecticut has installed a more efficient culvert.. Mr. Paul Lastauskas, resident of Kensington, stated the commission should look to the future and try to anticipate future development of the site and work to lessen the impact on the site. • Mr. Clyde Selner, (no address stated), questioned the difference in the maximum 100 year flood elevation and the flood of the walkway underneath the highway. Mr. Kueny responded approximately an elevation of 186, stating he was unsure the walkway to be higher. Mr. Selner questioned the effect of the flood level for businesses on New Britain Avenue [Road] and the Conrail [railroad] tracks, considering the nine percent runoff of the proposed activities at Hungerford Park. Mr. Balinskas stated the response to his question could only be made relative and pertinant to the application of the City of New Britain. Mr. Kueny reviewed probable situations which may occur; stating some increase may occur, however inconsequential. Mr. Ledger the nine percent increase to be no longer valid. He further stated the 720 paved parking designations will increase to 910. Mr. Ledger stated the paving area will be lower than the existing parking lot, almost at existing grade and will be part of the swale. Areas of possible areas of mitigation were discussed. The applicant stated 24,000 c.y. of fill willl be placed in Berlin; 43,000 will be filled on the site. Berlitr IWWC-April 4, 1995 Regular Meeting-5 Mr. Horbal requested Mr. Corbin clarify for the record the increase of the previously stated 3": increase of flooding for the approximate area of the existing football field and the proposed stadium and ending with the essential beginning flood elevation at Karbonic Way. He further stated that all increases will be within Willowbrook Park and within the immediate area of the athletic fields. Mr. Corbin concurred; Mr. Corbin further stated the field elevation may have been made 2 feet higher and that this plan was refused and stated in a flood, this area will remain for storage. Mr. Balinskas asked if the City of New Britain would be the only Berlin property owner affected by any upstream impacts by this change. Mr. Kueny responded affirmatively. A motion to close this public hearing was made by Mr. Argazzi; seconded by Mr. McCarthy,and carried unanimously. After further discussion, a motion to approve Application 95-04F Proposal by the City of New Britain to construct a baseball stadium and related appurtenances within a flood hazard zone on Lots 4, 5, and 6, Block 23A, New Britain/Route 71 was made by Mr. Simeone, seconded by Mr. Warner, and carried unanimously. Mr. Ledger stated an application to amend wetlands mapping in Hungerford Park has been filed with staff and requested the commission accept the application and schedule a public hearing. Mr. Balinskas stated the item was on the agenda. The meeting broke at 9:18 p.m. The meeting reconvened at 9:26 p.m. REGULAR MEETING Application 95-05W Proposal by Charles G. Leonhardt to construct a pond within a wetland on Lot 25Bd, Block 71, Orchard Rd. Dr. Leonhardt stated his opinion, in continuation of testimony given at the last meeting, that there would be little or no impact by his construction of a 3/4 acre pond in a wetland area; stating it would be 1/500 surface area of the wetlands extending from the Hatchery to Norton Road. He stated he had met with Mr. Horbal and the Fire Marshall and it was their opinion that 25-30 houses may be provided fire protection. Mr. Horbal stated the site had been visited; that the Fire Marhsal had suggested relocating the pond further south, closer to Mr. Leonhardt's home and roadway to install a "dry hydrant". Mr. Horbal stated the responsibilty of installation of the hydrant would be the town's. Mr. Colburn stated the existing area to be a "perfect wetlands" and his opposition to the project. Mr. McCarthy stated DEP's evaluations of wetlands, including flood control , Berlin IWWC-April 4, 1995 Regular Meeting-6 ecological integrity, support of wildlife habitat, nutrient retention, education potential, visual, esthetic equality and stated his support of the project because of no destruction of the wetlands, and has potential for opening of evaluation methods within the wetlands, in addition to its safety purposes. Mr. Colburn stated there was no commitment from the town to install a dry hydrant. Dr. Leonhardt stated the project to be a waterway and the commission's responsiblity is to protect both the waterways and wetlands. In response to Mr. Colburn's concerns, Mr. Balinskas asked the probability of the town's installing a dry hydrant. Mr. Horbal stated, in view of Mr. Waznia's opinion, a high probability exists that a dry hyrant will be installed. A motion to approve Application 95-05W Proposal by Charles G. Leonhardt to construct a pond within a wetland on Lot 25Bd, Block 71, Orchard Road with the following conditions was made by Mr. Simeone and seconded by Mr. Estabrook: 1) That the applicant will provide the town with an easement to gain access to the fire pond at such time as a dry fire hydrant protection system is installed within the pond; 2) Including standard conditions. Mr. McCarthy motioned to amend this motion with the following: 3) That the pond be relocated in a southerly direction to the wetland border to access excavation from the southerly border and not to create a wetlands crossing and better facilitate the dry fire hyrant construction. 4) That any, and all, excess fill materials be placed outside the wetland area; 5) Staff approval of plans in meeting standard conditions. The motion to amend was seconded by Mr. Argazzi. The motion to amend carried four to one (Mr. Colburn voting in opposition). Mr. Colburn stated his opposition to the application due to the destruction of wetlands, the lack of formal plans, areas for mitigation not being presented, and lack of written intention of Berlin to install a dry hyrant The original motion was voted upon; the motion carried four to one, Mr. Colburn voting in opposition. Application 95-06W Proposal by the City of New Britain to establish a wetlands boundry on Lot 77, Block 23, Farmington Avenue/Pheasant Run. Mr. Balinskas stated the commission received on this date a letter of intervention regarding this application. Mr. Peter Ledger, Director of Parks and Recreation, City of New Britain, stated the application pertains specifically to the Hungerford Park site for which the Berlin IWWC has previously granted a permit. Mr. Ledger stated an intermittent watercourse has been identified on the site; the court has requested the site be reviewed. He stated consultants have done this and the City of New Britain is requesting a public hearing in order to amend the wetlands map previously submitted regarding Hungerford Park. A motion to Berlin IWWC-April 4, 1995 Regular Meeting- 7 schedule a public hearing for Application 95-06W was by made by Mr. Warner, seconded by Mr. Simeone. The motion carried unanimously to schedule the hearing for May 2, 1995. Application 95-07W Proposal by Warm Springs Mortgage Co., Senior Quarters Management Co. to place fill and discharge stormwater into a wetland area on Lot 61A, Block 24A, New Britain Road. This application has been withdrawn by the applicant OTHER BUSINESS TO COME BEFORE THE COMMISSION Item a. Lot 15, Block 141, Wilbur Cross Highway An informal discussed ensued. Mr. Peter Alter, Glastonbury, CT., spoke on behalf of the owners of the property. He stated the following: the property consists of approximately 17-1/2 acres. He stated he had met with Mr. Horbal and Town Planner Brian Miller to discuss possible development of the site. The wetlands have been field located; two parallel bands of wetlands divide the site into three distinct pieces. The site in commerically undevelopable without significant wetlands activity, approximately 2.4 acres. A conceptual plan, showing three buildings, has been prepared. Areas for possible mitigation have been indicated on the map. A zone change may pursued. He stated the applicant was looking direction from the commission before proceeding with development of the property. Mr. Horbal stated development on the Wilbur Cross Highway is limited due to the depth of the parcels; this is one of the largest parcels left that is individually owned that has depth. Mr. Alter further described the parcel and the conceptual plan for development. Mr. Horbal stated the property abuts the Fox Hill residential project with is an open space development. Mr. Barton Bovee, P.E., MBA Engineering, stated developing this property as conceptually presented would provide a'greenbelt' area. Consensus of the commission was the item should be tabled to allow the commission to walk the site and for input from the Economic Development Department, Planning Department and Executive Board to be requested. b. Saw Mill Drive- Release of Site Bond Mr. Horbal stated the bond was origianlly posted for an area of concern on the site, an area of encroachment in terms of grading, loaming and seeding. The item was tabled to allow the commissioners time to visit the site. c. Lot 3C, Block 83, Deming Road - Discussion • Berlin IWWC-April 4, 1995 Regular Meeting-8 Mr. Barton Bovee, P.E., MBA Engineering, representing the prospective developer Mr. Berube, reviewed the site and a conceptual plan and stated the property owners are hoping to develop the site with small buildings for light manufacturing or office warehouse uses and associated parking. He stated the wetlands have not yet been identified. Mr. Berube stated one of the intentions of development was to improve aesthetics of the area. The item was tabled to allow the commissioners time to visit the site. No concerns were stated by the commissioners. d. Pedemont Construction Mr. Barton Bovee, P.E., spoke on behalf of the property owner, regarding two parcels of property on Berlin Street and stated the following: The property has been leased within the last several weeks for on-site storage and needs to be enclosed with a 6 foot chain link security fence,which would built on a portion of the property which would include a floodway. There are some discrepancies between the FEMA and town map for the area. Future potential for development of the site may be a different use. Basing his opinion on the FEMA mapping, Mr. Horbal stated the fence's construction in the floodway creates an obstacle which has the potential to accumulate debris and stated he is not in favor of its being built. Mr. Bovee stateda type of breakaway fence may be an alternate consideration. Stating no issues to be brought before the commission, Mr. McCarthy motioned to have the property owner submit a design for a break away fence to be submitted, considered, and approved by staff Mr. Simeone seconded the motion. The motion carried unanimously. Correspondence Mr. Balinskas stated correspondence regarding the potential Wal-Mart site in Cromwell and correspondence from Attorney Stephen J. Anderson to Mr. Clyde Selner regarding Freedom of Information had been received. A motion to adjourn was made by Mr. Warner, seconded by Mr. Argaz7i and carried unanimously. The meeting adjourned at 11:27 p.m. Respectively submitted, Frances M. Semnoski Acting Recording Secretary _ 7