2021-11-09
INLAND WETLANDS AND WATER COURSES COMMISSION
MEETING MINUTES
OF
NOVEMBER 9, 2021
CALL TO ORDER:
The Inland Wetlands and Water Courses Commission Meeting was called to order by Chairman
Peter Nieman at 7:00 p.m. on November 9, 2021 in the Berlin Town Hall, Public Works Dept. Room
120, 240 Kensington Road, Berlin, CT. Additionally, the meeting was accessible remotely through
Zoom.
ATTENDANCE:
Chairman Peter Nieman, Commissioners: David Rogan, Gary Pavano, Robert Izzo, and Steven Biella
(Alternate) (Remotely). Absent: Rick White, Michael Cassetta, and Bill Jackson.
Staff - Jim Horbal. Public present for the Public Hearing for The Preserve.
AUDIENCE OF CITIZENS: None.
MINUTES:
The minutes of the October 5, 2021 meeting were previously distributed for review.
Commissioner Rogan made a motion to approve the minutes of the October 5, 2021 meeting,
seconded by Commissioner Pavano. The motion was unanimously approved.
PUBLIC HEARINGS:
Application 21-09W - Proposal by The Preserve SM, LLC to construct a 76 Unit Residential
Development with associate improvements within regulated wetland areas on Lot 1, Block 10, West
Lane.
Attorney Tim Sullivan- Wisniowski & Sullivan, Bart Bovee. P.E.- Harry E. Cole & Son, Joe
Klepacki, George Logan-REMA, Jennifer Beno- Biologist/Wetland Scientist (remotely), Scott
Stevens- Soil Science & Environmental Services (remotely), were all present for the application.
Attorney Sullivan briefly explained that the Developer is proposing to construct a 76 Unit
Residential Development along the north side of West Lane on undeveloped land of the Shuttle
Meadow Golf Club.
Mr. Bovee additionally explained some of the revisions to the plans (using a new diagram) and
these items will be added to the notes. He will explain his proposal on phasing after the other
speakers.
Mr. George Logan, REMA Ecological Services, presented the wetland mitigation plan in the form
of a wetland restoration and enhancement rather than wetland creation. The report was distributed to
the Commissioners and explains that concentrations of two species of invasive plants were identified
and are straight-forward to control. Control measures shall be supervised by an Ecologist (or Wetland
Scientist) over a three year period with annual reports in October to the Wetlands Commission. Mr.
Logan's report additionally suggested that a pre-implementation meeting shall take place at least one
month prior to plan implementation, between the Wetland Scientist, the Site Contractor, Landscaper,
and the Wetland's Agent. Mr. Logan clarified that the REMA Ecological final report that will be
IWWCC Meeting Minutes – November 9, 2021 Page 2 of 4
submitted for the DEEP Permit will be submitted by the end of November and should be considered
supplemental and not holding up approval for their permitting.
Mr. Bovee explained his proposal to build the development in phases:
Phase 1
Buildings 1,2,12-17 (Multi-Family) & 101-103 & 127-128 (Single-Family) – 23 total units
Construction of Don’s Way (Sta 0+00 to State 15+00 and Brightway (Sta 0+00 to 5+00)
Wetlands Culvert Crossing
Storm Water Detention Basins #1 & #2
Water Main Connection (West Main Street)
Sanitary Force Main Connection from Harvest Hill Drive includes wetland crossing.
Sanitary sewer connection including pump station and detention tanks, as required.
Golf Cart Path including Bride over wetlands. Connection to SMCC subject to coordination with Club
and owner.
Construction of trail head parking w/ driveway and related storm drainage.
Proposed Invasive Plant Removal within site
All E&S control measure related to Phase 1 activities.
Phase 2
Buildings 3 – 13 (Multi-Family) 30 total units
Construction of Don’s Way (Sta 15+00 to end)
Storm Water Detention Area #3
Construction of Cart Shed & Community Garden area
Construction of trail head parking w/ driveway and related storm drainage.
All E&S control measure related to Phase 2 activities.
Removal of Phase 1 E&S control measures as impacted areas for stabilized.
Phase 3
Building 104-112 and 126 (Single-Family) 10 total units
Construction of Brightway (Sta 5+00 to end)
Storm Water Detention Area #4
All E&S control measure related to Phase 3 activities.
Removal of Phase 1 and 2 E&S control measures as impacted areas for stabilized.
Phase 4
Buildings 113 to 125 (Single-Family) 13 total units
Construction of Sunningdale (Sta 0+00 to end)
Connection to Cart Shed and Storm Water Detention Area #3
All E&S control measure related to Phase 4 activities.
Removal of all E&S control measures as impacted areas for stabilized.
Chairman Nieman, and Staff requested that Mr. Bovee further depict the phasing by color-coding
the proposed areas and further detail the strategy by next month.
Chairman Nieman asked if there were questions from the audience. Mr. \[& Mrs.\] Anthony
Manzi, 192 Harvest Hill Road, commented that his property sits where the sewer connection will take
place and it is a very worrisome idea to them. He wants people to come to the property and see how
backed up the water gets during a storm. He offered pictures as proof. Mr. Bovee assured Mr. Manzi
that they will look at the drainage and would like to look at his pictures when he comes to visit. Mr.
Bovee again explained that this development will not change the existing conditions in his
neighborhood from the flows already coming from Ragged Mountain. The new development will
actually help divert, and retain, some of the flows.
IWWCC Meeting Minutes – November 9, 2021 Page 3 of 4
Commissioner Rogan made a motion to continue the Public Hearing for Application 21-09W until
the December 7, 2021 meeting, seconded by Commissioner Pavano. The motion was unanimously
approved.
Application 21-11W - Proposal by Kevin Budney to construct a Distribution Warehouse and
associated improvements within both a regulated wetland and upland review area on Lot 9A, Block
154, #131 New Park Drive.
Commissioner Pavano made a motion to open the Public Hearing for Application 21-11W,
seconded by Commissioner Rogan. The motion was unanimously approved.
Mr. Alan Bongiovanni, The Bongiovanni Group, Scott Stevens, Registered Professional Soil
Scientist (remotely), and Jennifer Beno- Biologist/Wetland Scientist (remotely) were available to
speak about the application. Mr. Bongiovanni explained that the Applicant is proposing to construct
an industrial building with associated improvements adjacent to its existing manufacturing facility on
New Park Drive. The new facility is located on property of the former driving range on the Berlin
Turnpike. This parcel was continuously groomed and maintained despite the fact that it contained
regulated wetland soils. The current proposal depicts disturbances within both a small area of
regulated wetlands and its associated upland review area along with a proposal to mitigate its
impacts.
The Commissioners had a few questions for Mr. Bongiovanni. Chairman Nieman questioned if
there was a gas line on that property. Mr. Bongiovanni answered, yes there is and it will be noted on
the plans. Mr. Horbal questioned what kind of traffic would be generated there and Mr. Bongiovanni
answered that box trucks (30' - 40') would be driving there. He added that the building will not have
plumbing, only electrical. Mr. Horbal asked about the wetlands mitigation plan and Mr. Bongiovanni
answered that there will be plantings, per the erosion and sedimentation plans in the basins and
monitoring and reporting will be done as requested. Mr. Horbal additionally asked about the
Construction Sequencing and Mr. Bongiovanni answered that they are trying to get through Planning
and Zoning and would like to proceed this season before the ground freezes. They will bond for any
mitigation that might be necessary in order to obtain a certificate of occupancy.
Commissioner Pavano made a motion to close the Public Hearing for Application 21-11W,
seconded by Commissioner Rogan. The motion was unanimously approved.
The Commissioners requested that in addition to the Standard Conditions of Approval, the
proposed wetland mitigation activity within the southwest portion of the property be completed, or
bonded, prior to the issuance of a Certificate of Occupancy for the Warehouse Facility, and the
Applicant provide a bi-yearly (spring and fall) Inspection Report to the Commission on the condition
of the wetland mitigation area, and perform all corrective actions no later than October 15th each
year, for a three (3) year period following the completion of the wetland mitigation activity.
Commissioner Pavano made a motion to approve Application 21-11W with the discussed
conditions, seconded by Commissioner Rogan. The motion was unanimously approved.
IWWCC Meeting Minutes – November 9, 2021 Page 4 of 4
Other Business to Come Properly Before the Commission:
Application 06-14WF- Proposal by Pistol Creek Associates, LLC, c/o Krame Development Co., to
construct utilities, roadways and discharge drainage into a wetland and flood hazard zone on Lots #35
and 40, Block 142; Lots 4&5, Block 155; and Lots 1, 1A and 1B, Block 156, North and South of
Spruce Brook Road. Permit modifications- one year extension.
Mr. Horbal received a letter from Thomas Daly, P.E., SLR International Corporation, Cheshire, CT
on behalf of his client, Rio Vista Associates, LLC (William Krame) requesting a one-year extension to
the construction commencement period \[for the above-referenced project\].
Commissioner Rogan made a motion to approve a one-year extension to the construction
commencement period for Application 06-14WF, seconded by Commissioner Pavano. The motion
was unanimously approved.
CORRESPONDENCE:
Mr. Horbal reported that the 155 Toll Gate Road project is complete but has not heard from Mr.
Olsen.
Commissioner Rogan made a motion to have Staff contact Corporate Counsel for a
recommendation on obtaining the final information from Mr. Olsen, seconded by Commissioner
Pavano. The motion was unanimously approved.
ADJOURNMENT:
Commissioner Pavano made a motion to adjourn the meeting at 8:15 p.m. The motion was
seconded by Commissioner Rogan. The motion was unanimously approved.
Lecia Paonessa
Recording Secretary