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1992/02/04 Approved As Amended 6ERLIN C04, TOWN OF BERLIN 4::titt tit INLAND WETLANDS.. AND --, .ti r ° �?s, WATER COURSES COMMISSION ti5E� 0y 240 KENSINGTON RD. BERLIN, CT 06037 °'9PORATEV\1 - February 4, 1992 The regular meeting of the Inland Wetlands and Water Courses Commission was called to order at 6: 35 p.m. by Vice-Chairman Joe Szczepanik. PRESENT - Commissioner Colburn; Commissioner Collis; Commissioner Daigle; Commissioner Ferraro; Commissioner Kuziak; Commissioner Szc'zepanik and Mr. James Horbal, Agent for the Commission ABSENT - Commissioner McCarthy Mayor Peters welcomed the new Commission members and thanked Commission members for their service and stated that his door is open if anyone has questions. Mayor Peters also stated that he is an ex-officio member of the Commission (he can give input to the Commission but cannot vote) . Mayor Peters gave the Commission a handout stating the purpose of the Inland Wetlands Commission. Mayor Peters would like to strengthen the communication between the various boards and commissions in the Town of Berlin. It was also suggested that specialists/consultants could possibly be hired, if necessary, instead of just using the Town Attorney. It was also suggested that the Commission members vote on the issue not the individual. All violations should be enforced fairly. ELECTION OF OFFICERS Commissioner Kuziak stated he would be interested in the position of Chairman. The purpose of the Chairman is to facilitate the meeting. Commissioner Szczepanik stated he is not interested in the position of Chairman or Vice-Chairman as he has been on the Commission for several years and feels someone else should assume the position of Vice-Chairman. Commissioner Ferraro stated that he is not interested in the position of Chairman or Vice-Chairman as he does not have the adequate time to devote to the duties of the position. Commissioner Collis suggested waiting until the next meeting so the Commission members could get to know each other and wait to meet - 2 - all the members as Commissioner McCarthy was not at the meeting. Commissioner Colburn stated he has no desire to be Chairman or Vice-Chairman and would like to wait on making a decision until the next meeting. If necessary Commissioner Colburn would volunteer for Vice-Chairman. Commissioner Daigle stated he would like to see how the Commission operates before a decision is made. Moved by Commissioner Szczepanik to postpone discussion of Election of Officers until Item 3b on the agenda. Seconded by Commissioner Kuziak. All in Favor - Motion Carried. ACCEPTANCE OF MINUTES - MEETING OF JANUARY 7, 1992 Commissioner Szczepanik asked Sandy DeVivo to check the tapes of the January 7, 1992 meeting regarding the motions made on pages 2 and 3 . On Page 9 Commissioner Colburn conditioned the motion for approval on Application 92-2W not Commissioner Szczepanik. Moved by Commissioner Kuziak and seconded by Commissioner Colburn to accept the minutes of January 7, 1992 as amended. All in Favor - Motion Carried. NEW BUSINESS TO COME PROPERLY BEFORE THE COMMISSION Mr. Horbal asked that discussion of Application 90-10 - Northeast Utilities - be added as Item 3c to the agenda. Moved by Commissioner Kuziak and Seconded by Commissioner Colburn to add Application 90-10 to the agenda as Item 3c. All in Favor - Motion Carried. PUBLIC HEARING Application 91-20W - Proposal by Joseph and Stanley Wisniowski to discharge drainage into a wetland area on Lot 4 , Block 73, Kensington Road. The applicant is proposing an affordable residential housing subdivision on the site of the present J & S Gravel Excavation located along the east side of Kensington Road, approximately 2, 000 feet south of the intersection with Norton Road. The site will receive high density development and extensive erosion and sedimentation controls will be required due to the complexity of 3 - the site. The applicant has revised the road pattern and these revisions should lessen the project's impacts on the existing seasonal watercourse which traverses the site. Rod Hewitt represented the applicant and stated there are 14 1/2 acres on the site and there will be 30 single family homes on the site. There will be six (6) affordable lots within the development. Mr. Hewitt addressed the drainage area around the system and the detention area around the site. Regarding the sedimentation and erosion control plan, silt fencing will be placed to control the run-off during construction. Hay bails will also be placed in certain areas. There will be a 3 1/2 acre open space easement given to the Town of Berlin. Alan Beets, Landscape Architect of Windsor - described the various plantings that would be done around the site. The plan was to develop something near the wetlands or easement area for plantings that would be beneficial to the habitat (ie. , for mammals, etc. ) . Buffer plantings will be placed along the Crooked Brook. The area of the conservation easement zone will be predominately existing red maple trees and has also been supplemented with deciduous and evergreen variety of plantings and wetland materials to mitigate the impact. In the meadow zone there is a specific grass mixture that will be used to suit the area. Ken Stevens and George Logan of Soil Science and Environmental Services addressed the various environmental issues on the issues. Ken Stevens stated the impact of the wetlands is minimal. The largest wetland is a flood plain soil. The other two wetland areas are disturbed. One is a dove sediment basin presumably formed by the farm in the area and the other is a sunk bowl area formed presumably by the installation of the railroad. The area is an aquifer recharge area. The water infiltrates into the ground and only during a larger storm would it reach the railroad tracks. George Logan went over the report that was submitted to the Commission regarding the project. The applicant had asked Soil Science and Environmental Services to describe the wetland resources that were on the site, evaluate the site and review the plans. Following the construction of the development there will be a reduced amount of pollutants coming through the site. - 4 - The habitat will be improved with the development of the mitigation plan. A shallow marsh zone has been established as well as a meadow zone, wet meadow zone and a flood plain area above the meadow zone. Mr. Logan also addressed vegetation and hydrology as well as monitoring of the mitigation system. Rod Hewitt stated that the Commission has seen most of the alternatives that have been proposed for this project and he addressed the variations that have been presented/established since December. Commissioner Colburn had several questions regarding the report that was submitted (ie. , Page 39; Page 41 and Page 42) . The erosion and sedimentation control devices in the gravel area have not been maintained. Commissioner Daigle questioned the flow of the water through the site. Rod Hewitt stated the run-off from the developed area would be reduced. The detention pond is slowing the run-off down. The detention pond is sized for the 100 year storm. Mr. Hewitt stated soil will not be removed from the site or added to the site. Commissioner Szczepanik asked if this was the first proposal for the site? Mr. Hewitt responded that this presentation was not the first proposal for the site and this is the most feasible and prudent alternative that has been presented to the Commission. Staff is still in the process of reviewing the package that was presented (including drainage and storm water calculations) . Commissioner Colburn is concerned with the town maintaining the detention area. John Kristopik of North Hollywood, CA asked several questions for his mother who lives on Kensington Road. Would any other development in the future affect the detention area that would be established by this proposed development. Mr. Hewitt stated that an additional detention area would be placed on the north side of Kensington Road for additional development in the future. Bart Bovee of 85 Steeplechase Road - would the maintenance of the d - 5 - ponds require more help than the Town of Berlin could handle. Ken Stevens explained the maintenance of how the ponds would be handled. Rod Hewitt stated there are three pools and the first pool would collect most of the sediment. Seb Cippolla of Crooked Brook Lane - what is the intent of the 3 1/2 acre easement of land that will be donated to the Town of Berlin. Commissioner Szczepanik stated that a developer will try to balance the economics of a development. The Town will try to maintain open space around brooks. Mr. Hewitt stated this area will be used as a passive recreation area. Mr. Cippolla of Crooked Brook Lane questioned the drainage/seepage and a lot of soil movement in the area. What area did Mr. Logan specifically look at? Mr. Logan stated it was the area adjacent to the drainage swail and the area of the drainage swail. Ken Stevens stated the greatest recharge areas would be the sand and gravel areas. Mr. Cippolla asked about the trees and vegetation that would be planted in the area. What is the time frame? Mr. Alan Beets stated the planting time frame would be from April to July and then from September to the end •of October. It is a seasonal operation depending on the temperatures. Mr. Stevens stated the entire gravel area would be regraded and seeded with a conservation mix of material. Commissioner Szczepanik stated there is a grading plan with the application as Mr. Cippolla had questioned the grading of the area. Mr. Hewitt briefly went over the grading of the area. There will be separation between buildings with trees. Clyde Selner of 32 Edgerly Street stated that the wetlands are as protected as a development of this intensity would allow but the application is incomplete as there were no feasible and prudent alternatives presented to the Commission for this application. On January 24, 1992 the material that was on file at the Town Hall does not really resemble what has been presented to the public and the commission this evening. - 6 - Attorney Tom DeMille, represented the applicant. Attorney DeMille addressed statue 8-30G regarding affordable housing. The applicant is trying to meet the need of affordable housing in the Town of Berlin. The concern of the Commission should be the regulated activity in the wetlands. The applicant has been extremely sensitive to the environment and there have not been any alternatives suggested to the applicant in regard to the regulated activity in the wetlands. Clyde Selner stated the indirect affects are a concern and the human element is a concern. There are alternatives for the layout of the houses on the site. Roughly twenty people attended the Public Hearing for this application. Moved by Commissioner Kuziak and Seconded by Commissioner Daigle to table the Public Hearing of Application 91-20W until the March 3, 1992 meeting. All in Favor - Motion Carried. REGULAR MEETING Application 92-1W - Proposal by Charles H. Munson to fill in a wetland area on Lot 1A, Block 53A, 685 High Road. The applicant is proposing to fill the remaining portion of his property located along the northeast side of the intersection of High Road and Copper Beach Court. The site will be filled and graded in such a manner so as to provide for the flow of water through his property from an adjacent pond. This filling is being performed in anticipation of the construction of a future three car garage on the site. At the January 7, 1992 meeting the Commission gave the applicant sixty days to provide the Commission with a detailed plan of his proposal. Mr. Horbal stated the applicant's plan is not yet complete and Mr. Munson would be making a presentation before the Commission at the March 3 , 1992 meeting. Moved by Commissioner Szczepanik and Seconded by Commissioner Colburn to table discussion of Application 92-1W until the March 3, 1992 meeting. All in Favor - Motion Carried. APPLICATION 92-4W - Proposal by Frank, Sr. and Frank, Jr. Sataline to install drainage within a waterway on Lots 1 and 1A, Block 29E, Lincoln Street. Bart Bovee represented the applicant. The applicant is proposing - 7 - a three lot subdivision along the east side of Lincoln Street on a site located between the intersection of High Road and Farmington Avenue. The site was previously before the Commission in 1990 at which time the Inland Wetlands boundary was established via the public hearing process. The regulated activity being proposed at this time involves the culverting of an existing seasonal watercourse/drainage ditch running along the street line of the property. The culverting has been reviewed and accepted by staff as proposed. Moved by Commissioner Szczepanik and Seconded by Commissioner Kuziak to approve Application 92-4W as shown on the plans entitled "Proposed Residential Subdivision, Property of Frank Sr. and Frank Jr. Sataline; Property Known as Lots 1 and lA/Block 29E, #314-316 Lincoln Street Berlin, CT; MBA Engineering, Inc. , 1263 Wilbur Cross Hwy, Suite II, Berlin, CT 06037; Job No. 89044; Scale: 1" = 20 ' ; Sheet: 1 of 2 and 2 of 2 ; Date: January 23 , 1992" with all erosion and sedimentation control devices to be installed to the satisfaction of the Town Engineer prior to the commencement of construction. Commissioner Colburn - no; Commissioner Collis - yes; Commissioner Daigle - yes; Commissioner Ferraro- yes; Commissioner Kuziak - no; Commissioner Szczepanik - yes. Four - yes; Two - no; Motion is carried. OTHER BUSINESS TO COME PROPERLY BEFORE THE COMMISSION a) Correspondence The only correspondence was from Mayor Peters and if anyone is interested in the seminar on February 28, 1992 , please contact Jim Horbal at Town Hall. Mr. Horbal stated that a letter was sent to Mr. Nielsen regarding a sedimentation and erosion control violation in the gravel area. The situation should be taken care of by the end of next week. The Berlin Conservation Commission sent a letter to the Commission regarding the New Britain Machine Property. Mr. Horbal stated this issue would be more suitable for the Fire Marshall. b) Application 90-10 - Northeast Utilities A letter from Northeast Utilities regarding the situation was given to the Commission. Mr. Horbal stated Staff was contacted by the site manager of the construction project stating that they were made aware of - 8 - an oversite on the plans and on the construction of the project of sedimentation structures that were not properly referenced and the structures were deleted from the plans. Staff met with the project manager and discussed the problem and the requirements that the Commission requires. Northeast Utilities came up with an alternative to prevent tearing up of the project and starting all over. Staff visited the site and felt comfortable with the alternative that was presented by Northeast Utilities as long as there was proper maintenance by Northeast Utilities. The Commission advised staff to write a letter to Northeast Utilities advising them to bring in a revised plan to the Commission for a formal approval. c) Election of Officers This issue will be addressed at the March 3, 1992 meeting. It was also suggested that the next meeting would start at 6:30 p.m. Adjournment The meeting was adjourned at 10: 05 p.m. Respectfully Submitted, Sandy DeVivo