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1992/05/04 , Amended minutes. See May 12, 1992 minutes for corrections. r soli ti TOWN OF BERLIN �, INLAND WETLANDS 'iA AND ° c WATER COURSES COMMISSION tics, ' 240 KENSINGTON RD. BERLIN, CT 06037 O�'°ORATE0 - May 4, 1992 The speci al meeting of the Inland Wetlands and Water Courses Commission was called to order at 7:02 p.m. by Chairman Kuziak. PRESENT - Commissioner Colburn; Commissioner Collis; Commissioner Daigle; Commissioner Ferraro; Chairman Kuziak; Commissioner McCarthy and Mr. James Horbal, Agent for the Commission PUBLIC HEARINGS 1. Application 92-9W - Proposal by the Fox Hill Land Company to discharge drainage into a wetland area on Lot 3-1, Block 141, Wilks Pond Road. Bart Bovee represented the applicant. The applicant is proposing a fifty (50) lot residential, affordable housing subdivision along the west side of Wilks Pond Road. The proposal depicts the discharge of storm water runoff into two separate areas of field located inland wetlands within limits of the proposed site. The remaining runoff generated from within the site will be discharged into an existing drainage system within Wilks Pond Road. The applicant also proposes to establish a forty foot buffer in an attempt to protect the on- site wetlands. The site is 35.8 acres in size. There are two extensive wetlands: the wetlands to the west is 3 .9 acres and the wetlands to the north is 3 . 1 acres. There will be no filling of the wetlands. R43 is the current zone for the area. The Zoning Commission has approved the plan as affordable housing -- Section 6. 10 of the regulations. There will be a large area of open space with easements to the wetlands. The drainage discharge is being proposed to go into the existing watersheds. Commissioner McCarthy asked if any of the grades on the lots are being changed on the northern side. Mr. Bovee stated there would be some filling of the lots and they would be staying within five feet of the easement lines. The homes would have walkout basements. Commissioner Colburn asked the diameter of the cul-de-sac. - 2 - Mr. Bovee indicated that the cul-de-sac is 65 feet. Commissioner Colburn suggested making the cul-de-sac a normal sized one. Salvatore Massina, 187 Somerset Drive, addressed the drainage structures to the east of the parcel. Is the applicant reducing the size of the watershed. Mr. Bovee stated the watershed will be reduced and the drainage structures to the east of the parcel were also addressed. Mr. Massino asked if the detention areas had been calculated for the 25, 50 and 100 year flood. Mr. Bovee stated that the information could be obtained but he did not have this information with him tonight. Mr. Massino also gave the Commission an Environmental Impact Report from Michael Kline, Environmental Services of New Hartford, CT and he read it into the record. Pete DeSarcy, 237 Toll Gate Road, is Vice President of the Berlin Land Trust and submitted a letter/report dated May 4, 1992 from the Berlin Land Trust to the Commission requesting that the application be denied for the following reasons: 1. The application does not include any alternatives to altering wetlands as required in Section 7.4F of the Berlin Inland Wetlands Regulations. 2 . The Berlin Land Trust believes there are economic and feasible alternatives to developing this area - Section 10.3 of the regulations was referred to at this time. 3 . Foreign substances released by neighboring residences will upset the natural ecosystem. 4. The intense nature off the development will increase the runoff in this area. The Berlin Land Trust recommends denial of the application as it does not include any alternative plans for the site and because there are feasible alternatives in the design and economic sense that would be less harmful to the wetlands. Barbara Edelson, 195 Spruce Brook Road, supports denial of the application with the information that has been submitted to the Commission. Mr. Valentine, who owns the property, stated that he is • - 3 - donating the wetlands to the Town of Berlin and does not want to be penalized for donating something to the Town. Mr. Bovee addressed the shifting of the road 20 feet in regard to the slope. Regarding the sedimentation ponds, the applicant is trying to work with Staff in this regard. The applicant is willing to take direction from staff/the Commission in regard to this issue. There is no activity in the wetlands area. George Peplo, Spruce Brook Road, is in favor of the application as there is motorcycle trails behind his home that are very annoying. The fertilizers in this area would be much less than what is used at Sage Park. Roseanne Mancini, 33 Somerset Drive, questioned how someone gets the depth requirement eliminated and no setback requirement. Chairman Kuziak stated that was a Zoning issue not a Wetlands Issue. Lawrence Mancini, 33 Somerset Drive, stated he supports the denial of the application for the reasons given. Barbara Edelson, 195 Spruce Brook Road, spoke to someone in the highway department who said the soil was poor gravel to silt like. Ed Gaffney, 44 Canterbury Drive, will someone guarantee that the drainage will not hinder any homes in the valley area? Mr. Gaffney also supports denial of the application. Susan Mouchi, 15 Canterbury Road, supports denial of the application as there are other viable alternatives that would have less impact on the wetlands. John Nappi, 138 Somerset Drive, supports denial of the application based on the environmental impact that was presented by Sal Mancino. Commissioner Colburn asked if there were a certain number of lots that Mr. Valentine must have. Mr. Valentine stated that he cannot loose one lot. Moved by Commissioner Ferraro and Seconded by Commissioner McCarthy to close the Public Hearing on Application 92-9W. All in Favor - Motion Carried. 2 . Application 92-8W - Proposal by the Mooreland Hill Trust to - 4 - establish the inland wetland boundary on Lot 5, Block 51, Chamberlain Highway. Rod Hewitt, Professional Engineer/Land Surveyor and Joyce Rabbie, Soil Scientist, represented the applicant. The applicant is proposing construction of a two lot subdivision along the east side of the Chamberlain highway directly opposite Vineyard Drive. The proposal calls for construction and grading alongside an intermittent stream. The site has been examined by a soils scientist and the wetland limits have been plotted on the proposed plans. Staff is recommending that the wetland boundary be re-established for the record, since there is such a significant change from those wetlands shown on the Town of Berlin index map. One lot fronts on the Chamberlain Highway and the other is a rear lot. The soils are not wetlands soils. There is no activity in the wetlands. Mrs. Rabbie indicated that she submitted a report to the Commission dated April 6, 1992 . The drainage ditch has seasonal water but it does not have wetlands soil in the area. At approximately 71 Gallpen Lane there is a drainage divide. The applicant is asking for a change in the wetland map as the map appears to be incorrect from what is currently on the property. Commissioner Colburn asked that if the boundary is changed will the stream be altered. Mr. Hewitt stated the driveway has been moved to keep it away from the swail. Commissioner Ferraro asked if a joint driveway had been considered. Mr. Hewitt stated that the area from the front lot would be joined with the area from the rear lot and would make a joint driveway. Moved by Commissioner Ferraro and Seconded by Commissioner McCarthy to close the Public Hearing for Application 92-8W. Commissioner Colburn would like to see the driveway changed and a protection area around the intermittent stream. All in Favor - Motion Carried. 3 . Application 92-6W7 - Proposal by James Deephouse to place fill in both a wetland and flood hazard area on Lot 22, Block 84, Farmington Avenue. - 5 - Rod Hewitt represented the applicant. The applicant is proposing to fill a portion of a former clay pit pond located along the north side of Farmington Avenue opposite its intersection with Lower Lane. The proposal depicts filling approximately two thirds of the pond's surface. The limit of fill would coincide with limits of fill previously permitted along abutting properties. A flood zone map was also shown to the Commission. The proposal is to fill the front portion of the pond for future development and leave the rear portion of the pond as a wetlands area. Also being proposed is extending the drainage from Farmington Avenue and along the west property line. Vic Salci of 39 Surrey Lane owns a business on Willard Avenue. Mr. Salci showed pictures to the Commission of flooding of his property in 1978/1987/1989. If Farmington Avenue is being developed then a Flood Control Program is needed. Commissioner Ferraro is concerned about the loss of water storage in the pond area. Thomas Curtis is in favor of the application and he showed pictures to the Commission of the Farmington Avenue area 50 years ago. William Norton stated that the filling done by Mr. Curtis was done before the Inland Wetlands Commission came into existence. Mr. Hewitt referred to the Inland Wetlands Regulations (9. 02 .04 - filling of ponds and clay pits) . Moved by Commissioner McCarthy and Seconded by Commissioner Daigle to close the Public Hearing for Application 92-6WF. All in Favor - Motion Carried. 4. Application 92-7WF - Proposal by the Town of Berlin to place fill in both a wetland and flood hazard area on Lot 22, Block 84, Farmington Avenue. Mr. James Horbal, Assistant Town Engineer, represented the Town of Berlin. The Town of Berlin is requesting permission to fill aportion of the Deephouse pond located along the north side of Farmington Avenue opposite its intersection with Lower Lane. This filling is being requested, and if granted will provide for the construction of sidewalks within this area of Farmington Avenue. Construction of this segment of sidewalk will close the gap within this area and allow safe passage for pedestrians along Farmington Avenue from Porters Pass to V - 6 - Massirio Drive. Commissioner Daigle asked if a pedestrian bridge had been considered. Mr. Horbal stated the Town of Berlin had not looked into this issue. The Town does not own the property. The property is owned by the Stated of Connecticut and Mr. Deephouse. Moved by Commissioner Ferraro and Seconded by Commissioner Collis to close the Public Hearing on Application 92-7WF. All in Favor - Motion Carried. 5. Miscellaneous Chairman Kuziak informed the Commission of the Munson Property on High Road. The fill that has been placed on the property is outrageous. Chairman Kuziak would like the Commission to issue a cease and desist order to Mr. Munson and have him appear before the Commission so the situation can be rectified. Moved by Commissioner Collis and Seconded by Commissioner Colburn to send the cease and desist letter to Mr. Munson at 685 High Road and request Mr. Munson to appear before the Commission. All in Favor - Motion Carried. Chairman Kuziak stated the money for training has been returned to the budget. Commissioner Colburn would like to see some buffer requirements in the Inland Wetlands Regulations. Adjournment The meeting was adjourned at 10: 12 p.m. Respectfully Submitted, o .t..j V vo Sandy DeVivo j,. taf qc) -q r • PROPOSED FOX HILL RESIDENTIAL SUBDIVISION A NEIGHBORHOOD AFFORDABLE HOUSING DEVELOPMENT Designed in Accordance with Section 6.10 of the Town of Berlin Zoning Regulation SITE INFORMATION, PROPERTY IS LOCATED IN AN R-43 RESIDENTIAL ZONE TOTAL AREA 35.802 Acres PROPOSED LOTS 50 Lots 10 Lots to be Designated as Affordable Housing Units AVERAGE LOT SIZE 21541 Sq. Ft. OPEN SPACE WEST AREA DEDICATED OPEN SPACE TO TOWN OF BERLIN 4.77 Acres AREAS OF CONSERVATION EASEMENTS _ SUBTOTAL - WEST AREA v 67 Acres NORTH AREA DEDICATED OPEN SPACE TO TOWN OF BERLIN 2.52 Acres AREAS OF CONSERVATION EASEMENTS 0.73 Acres SUBTOTAL - NORTH AREA 3.25 Acres TOTALS DEDICATED OPEN SPACE TO TOWN OF BERLIN 7.29 Acres AREAS OF CONSERVATION EASEMENTS .1.63 Acres TOTAL OF ALL AREAS 8.92 Acres WETLANDS AREAS WEST AREA 3.93 Acres(±) NORTH AREA 3.10 Acres(t) TOTAL 7.03 Acres(±) DRAINAGE AREAS PEAK STORM FLOW AREA WATERSHED AREA (25 YEAR STORM), NORTH AREA (C) 7.75 Acres(t) t 13.5 CFS WEST AREA (A) 3.5 Acres(±) ±8.2 CFS (B) 4.8 Acres(±) t 8.8 CFS Subtotal 8.3 Acres(±) EAST AREA To Detention Pond 2.6 Acres(±) To Exist. Drainage 2.1 Acres(