2021-12-07
INLAND WETLANDS AND WATER COURSES COMMISSION
MEETING MINUTES
OF
DECEMBER 7, 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 December 7, 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, Rick White, Michael Cassetta,
Steven Biella (Alternate), Robert Izzo (remotely), and Bill Jackson (remotely). Staff - Jim Horbal.
Public present for the Public Hearing for The Preserve.
AUDIENCE OF CITIZENS: None.
MINUTES:
The minutes of the November 9, 2021 meeting were previously distributed for review.
Commissioner Rogan made a motion to approve the minutes of the November 9, 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 again 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.
IWWCC Meeting Minutes – December 7, 2021 Page 2 of 4
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.
Mr. Bovee additionally added that he and Mr. Horbal visited Mr. & Mrs. Anthony Manzi, 192
Harvest Hill Road, to look at their drainage concerns.
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
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.
Chairman Nieman asked the Commissioners if they had any additional questions or comments.
Commissioner Jackson was satisfied that the vernal pools had been addressed.
Chairman Nieman asked if there were questions from the audience. Mrs. Anthony Manzi, 192
Harvest Hill Road, was looking for assurance that drainage from the development will not affect their
property. Mr. Bovee assured Mrs. Manzi that this development will not change the existing
conditions in her 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 – December 7, 2021 Page 3 of 4
Attorney Sullivan closed in stating that only 20 acres out of 110 were going to be disturbed in this
Development and the Berlin Land Trust is pleased with the arrangements. He requested the
Commission should approve the Application.
Commissioner Rogan made a motion to close the Public Hearing for Application 21-09W,
seconded by Commissioner Cassetta. The motion was unanimously approved.
Commissioner Pavano made a motion to approve Application 21-09W with the Standard
Conditions and three additional conditions:
1. The Developer coordinate a pre-construction meeting with Town Staff, his Contractors and
Environmental Professionals.
2. The Commission requires monthly construction assessment inspection reports be submitted to
Town Staff. Any, and all, deficiencies so noted in the report shall be corrected within five (5)
days of such submission.
3. The Project be constructed in Phases, whereby 80% of each phase's structures be completed
prior to commencing construction of an additional phase.
The motion was seconded by Commissioner Cassetta, and unanimously approved.
Application 21-12WF - Proposal by The Hydrangea House, LLC to construct a retail structure with
associated improvements within both a wetland and flood hazard zone on Lot 5, Block 86, #202 Mill
Street.
Mr. Horbal explained that the Applicant is proposing to construct a second retail building on the
property of #202 Mill Street (The Hydrangea House). The proposed activities involve filling of both
wetland and floodplain areas with compensatory mitigating work for both regulated activities.
Existing parking area is being expanded with additional drainage improvements including the
installation of a stormwater cleansing devise for impervious surface run-off. Mr. Horbal discussed the
project with the Engineer and is recommending a Public Hearing be scheduled for the January
meeting due to the activity in the floodway and flood hazard zone.
Commissioner Rogan made a motion to hold a Public Hearing for Application 21-12WF at the
January 4, 2022 meeting, seconded by Commissioner Pavano. The motion was unanimously
approved.
Other Business to Come Properly Before the Commission:
155 Toll Gate Road:
Mr. Horbal reported that 155 Toll Gate Road is complete accepting a few plantings for wetland
areas that Mr. Olsen's Consultant is going to work on, with him, in the spring. The Commissioners
are satisfied with the restoration and feel it looks complete.
2022 Meeting Dates:
Commissioner Rogan made a motion to accept the 2022 Meeting Dates, as presented, seconded by
Commissioner Cassetta. The motion was unanimously approved.
IWWCC Meeting Minutes – December 7, 2021 Page 4 of 4
CORRESPONDENCE:
Mr. Horbal had previously distributed a letter from the resident at 659 Southington Road
regarding his neighbor at 711 Southington Road. Mr. Horbal contacted the property owner and
found that Commissioner Jackson had been hired to delineate the wetlands for 711 Southington
Road. Commissioner Jackson (Jackson Environmental) reported that he had flagged the area and did
not find any unpermitted activity. The Commissioners requested Mr. Horbal contact the Property
Owner to inform them that some of the Commissioners will visit the site and determine if they
should request an application come before the Commission. Commissioner Izzo requested that the
resident from 659 Southington Road be written a letter, or something, to let him know that the
Commission is looking into the situation.
ADJOURNMENT:
Commissioner Rogan made a motion to adjourn the meeting at 8:00 p.m. The motion was
seconded by Commissioner Rogan. The motion was unanimously approved.
Lecia Paonessa
Recording Secretary