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2022-08-02 INLAND WETLANDS AND WATER COURSES COMMISSION MEETING MINUTES OF AUGUST 2, 2022 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 August 2, 2022 in the Berlin Board of Education Conference Room, 238 Kensington Road, Berlin, CT. Additionally, the meeting was accessible remotely through Zoom. ATTENDANCE: Chairman Peter Nieman, Commissioners: David Rogan, Gary Pavano, Rick White, and Steven Biella (Alternate)- Seated. Absent: Michael Cassetta, Bill Jackson and John Russo. Staff - Jim Horbal. AUDIENCE OF CITIZENS: None. MINUTES: The minutes of the May 3, 2022 meeting and the July 5, 2022 meeting were previously distributed for review. Commissioner Pavano made a motion to approve the minutes of the May 3, 2022 meeting, seconded by Commissioner Rogan. The motion was unanimously approved. Commissioner Rogan made a motion to approve the minutes of the July 5, 2022 meeting, seconded by Commissioner White. The motion was unanimously approved. PUBLIC HEARINGS: Chairman Nieman read the Public Hearing Notice into the record and requested a motion to open the Public Hearing. Commissioner Rogan made a motion to open the Public Hearing for Application 22-07WF, seconded by Commissioner Pavano. The motion was unanimously approved. Application 22-07WF - Proposal by The Town of Berlin, Public Works Department, to construct Drainage Improvements within both a Regulated Wetland and Flood Hazard Zone adjacent to #85 Meadow Lane. Mr. Jim Cassidy, Hallisey, Pearson, & Cassidy Civil Engineers & Land Surveyors, and George Logan, REMA Ecological Services, were present for the Town of Berlin. Mr. Cassidy explained that the Town is proposing to construct an outlet for a new drainage system and riprap outlet protection at the intersection of Belcher Brook and Meadow Lane. The purpose of this project is to address inadequacies in the Town’s existing drainage system that is causing flooding to properties along Meadow Lane. Activity #1: The total impact to the wetlands for the construction of the riprap outlet protection would be approximately 108 square feet (or about 20 linear feet of Belcher Brook). IWWCC Meeting Minutes – August 2, 2022 Page 2 of 5 The outlet protection would consist of riprap stone and the amount of material to be deposited would be approximately six (6) cubic yards. Activity #2: The total regulated activity in the 50’ upland review area for the construction of the storm drainage system would be 975 sq. feet. The duration of construction for both activities would be two (2) weeks. Mr. George Logan, REMA Ecological Services, was additionally retained by the Town to assess the wetlands/ecological conditions at the property. He summarized the submitted report (on file0: It is our professional opinion that the proposed roadway drainage improvements will not result in significant or adverse indirect, short-term and long-term impacts to wetlands and watercourses, including down-gradient or downstream regulated resources. Following the proposed work, the on-site wetlands and watercourse will provide similar if not enhanced functions and values as are provided under existing conditions. Chairman Nieman asked if there were any questions from the Commissioners. Chairman Nieman questioned when the project would take place, and Mr. Horbal answered that the Town is acquiring funding at this point and doesn’t have a start date. Mr. Horbal added that there was no correspondence or calls from the Public following notices and advertisement. Commissioner Rogan made a motion to close the Public Hearing for Application 22-07WF, seconded by Commissioner White. The motion was unanimously approved. Commissioner Rogan made a motion to approve Application 22-07WF, with Standard Conditions, seconded by Commissioner Pavano. The motion was unanimously approved. Application 22-08WF - Proposal by The Town of Berlin, Public Works Department, to perform Regulated Activities in conjunction with the Edgewood Road Bridge (over John Hall Brook) Replacement Project. Commissioner Rogan recused himself from this Application. Commissioner Pavano made a motion to open the Public Hearing for Application 22-08WF, seconded by Commissioner White. The motion was unanimously approved. Mr. Erik Jarboe, P.E., AI Engineers, was present for the Town of Berlin. Mr. Jarboe gave a power- point presentation to the Commissioners and explained the project. Edgewood Road Bridge which currently spans John Hall Brook, was built in 1920 and has been rated in “Poor Condition” and structurally unsafe. The bridge is located just downstream of the Hallmere Reservoir spillway along the southerly end of Edgewood Road. The new structure is designed as a three-sided box culvert with a natural stream-bed bottom. The new bridge will be thirty feet wide and will allow for safer foot traffic. Mr. Jarboe explained that the bridge will be pre-cast pieces, probably placed with a small crane and can be set into place in a short period of time. Chairman Nieman asked if there were further questions from the Commissioners and for Staff comments. Commissioner White questioned the impact to the wetlands for the project. Mr. Jarboe answered that the areas on the bank are pretty rough and the reconstruction with rip-rap and plantings should actually help the fish. They will follow all erosion control methods. Chairman Nieman questioned when the project would take place, and Mr. Horbal answered that the Town is seeking funding for help with the replacement at this time. IWWCC Meeting Minutes – August 2, 2022 Page 3 of 5 Commissioner White made a motion to close the Public Hearing for Application 22-08WF, seconded by Commissioner Pavano. The motion was unanimously approved. Commissioner White made a motion to approve Application 22-08WF, with Standard Conditions, seconded by Commissioner Pavano. The motion was unanimously approved. Commissioner Rogan again joined the meeting. REGULAR MEETING: Application 22-05WF - Proposal by The Town of Berlin, Public Works Department, to perform Regulated Activities in conjunction with the Kensington Road Bridge Replacement Project. Mr. Horbal reported that the Public Works Department has secured the services of Weston and Sampson for the reconstruction of the Kensington Road Bridge, which currently spans the Mattabassett River just south of Brook Street. It has been rated to be in “Poor Condition” and had its vehicular load rating reduced. The existing combination box/corrugated steel culvert structure lies adjacent to the “Hartford Line” Railway, and downstream of the Railroad Pond Dam. The new structure is proposed to be constructed as a series of four-sided box culverts. Native river-bottom material will be placed within them, in an effort to allow certain fish species to access the fish ladder at the base of the Railroad Pond Dam. The work will be staged in sections to allow thru-traffic along Kensington Road. Additional State and Federal environmental permits must be secured prior to the beginning of the project. Commissioner Rogan made a motion to approve Application 22-05WF, with Standard Conditions, seconded by Commissioner Pavano. The motion was unanimously approved. Application 22-06WF- Proposal by Stanchem Polymers, Inc. to construct an accessory structure building within an Upland Review Area on #401 Berlin Street. Mr. Stephen Benben, P.E., Triton Environmental, was present for the Applicant. He summarized from his presentation last month: Stanchem is proposing to construct a new detached accessory structure located northwest of the existing scale and scale house in an area currently used to store tanker trucks and flatbed trailers. The structure will be used to stage up to 8 tanker trucks used by StanChem to store finished products. The structure will replace the current practice of storing the tanker trucks outside exposed to the elements. The structure will be partitioned to provide StanChem with additional storage for various dry raw materials used in the existing operations. The structure will not include any office space or bathrooms. The overall dimensions of the structure will be 61’-4” by 161’-4” and approximately 28 feet high. Construction materials will consist of concrete masonry block (CMU) anchored to a concrete slab. The slab will be sloped towards the back of the structure in order to contain any potential spills. The slab will be supported by conventional poured-in-place concrete spread footings. The structure will be serviced by electricity to operate indoor lighting fixtures and heat during winter operations. The proposed underground electrical service is anticipated to be extended from the existing electrical service from a nearby utility connection south of the proposed structure. The utility trench will installed through a previously developed portion of the facility. The structure will not be serviced by water. IWWCC Meeting Minutes – August 2, 2022 Page 4 of 5 The proposed structure will be located outside of the delineated wetland areas onsite and sufficient space has been provided to allow for the excavation of the structure footings in order to not disturb the wetland areas. Additionally, StanChem is proposing to install new landscaping within the disturbed Upland Review area between the new structure and the wetlands to provide a vegetated buffer. The plantings will consist of 24 total native shrubs including Winterberry Holly, Red-Osier Dogwood, and High Bush Blueberry spaced 8 feet-on-center on the west and north sides of the structure (see sheet C2.0). Additionally, within the upland area disturbance area, a native New England restoration seed mix will be utilized, which contains native and naturalized grasses that germinate quickly to stabilize recently disturbed soils. Chairman Nieman asked if there were any further questions from the Commissioners. Mr. Horbal commented that he has been working with Stanchem on this application for the past few months to assure the proper placement of the building, etc. and is fine with the proposal. He felt that the plantings will make a nice buffer for the neighbors. Commissioner Pavano made a motion to approve Application 22-06W, seconded by Commissioner White. The motion was unanimously approved. Application 22-09WF - Proposal by Kevin Kolstad to construct a Truck Leasing Facility within both an Upland Review Area and Flood Hazard Zone on Lot 83-28-1A, Block 3, Webster Square Plaza. Kevin R. Johnson, P.L.A, ASLA, Close, Jensen & Miller, P.C., Mr. Kevin Kolstad, applicant, and Chris Zibbideo, P.E., were present for the Applicant. Mr. Johnson displayed prints and explained that Webster Square Enterprise Truck Rental Facility is a renovation of an existing 1,800 SF tenant space for an office area and truck wash bay. Renovations also include the exterior site pavement improvements between buildings for truck parking. New spaces within the building include office areas, a handicap restroom, man door to truck parking area, as well as a truck wash bay with a large overhead door toward the back of the building connecting to the existing exterior drive. Chairman Nieman asked if the Commissioners had any questions and if Staff had comments. Commissioner Rogan made a motion to approve Application 22-09WF, with Standard Conditions, seconded by Commissioner White. The motion was unanimously approved. Other Business to Come Properly Before the Commission: Application 96-16W – Silver Ridge Owners Association – Request for Permit Modification. Attorney Gregory McCracken, Jacobs, Walker, Rice & Barry, LLC, Claude Lamontagne, president of Silver Ridge Owners Association, Inc., and Roger Mathieu, a director of the Association. Attorney McCracken summarized the letter sent from his Firm: This firm represents the Silver Ridge Owners Association, Inc., which is the unit owners’ association for Silver Ridge, a single-family and multi-family development on Wilbur Cross Highway declared as a common interest community under the Connecticut Common Interest Ownership Act. On January 1, 1997, the Town of Berlin Inland Wetlands and Water Courses Commission voted to approve Application 96-16W for regulated activities affecting inland wetlands and watercourses, which G.B.A., LLC submitted as the developer. G.B.A. completed its activities under the permit, and it completed the development of Silver Ridge several years ago. IWWCC Meeting Minutes – August 2, 2022 Page 5 of 5 After completion of development, the Association undertook the staking of the back boundaries of the house sites in Silver Ridge where they abut areas designated on the site plan for conservation easement areas and for recreational use areas, and the Association reviewed these areas and the requirements of the Town of Berlin Zoning Regulations and the special permit for Silver Ridge. To resolve discrepancies between the special permit and Silver Ridge as developed, the Association prepared a revised site plan for Silver Ridge, which it intends to submit to the Town of Berlin Planning and Zoning Commission for approval. The Association believes that the revised site plan proposes a nonregulated operation and use under Section 4.4 of the Town of Berlin Inland Wetlands and Water Courses Regulations. As I mentioned, any regulated activities were completed under the permit issued for Application 96-16W, and the delineation of the inland wetlands and watercourses is no different between the site plan under the foregoing application and the revised site plan. A copy of the revised site plan is attached. The Association therefore requests this Commission’s determination that the proposed use is a nonregulated use of a wetland and watercourse under its Regulations. Chairman Nieman asked the Commissioners if they had further questions and Staff for comments. Mr. Horbal said that he was comfortable with the revised site plan (surveyor certification dated March 23, 2022), as presented. Commissioner Rogan made a motion to approve permit modifications to Application 96-16W, seconded by Commissioner Pavano. The motion was unanimously approved. Chairman Nieman asked Mr. Horbal for a status on the Southington Road plantings and the Toll Gate Road completion of plantings, and he said he will visit the sites in the near future. Deming Road Complaint Mr. Horbal distributed an anonymous letter received about clearing, filling and equipment on Deming Road (across from the Home Depot plaza) and explained that since it wasn’t signed and no return address, he wouldn’t normally respond, but since he knew the area, he drove to the property and spoke to the new owner, offering guidelines, and to be on alert for further correspondence. ADJOURNMENT: Commissioner Rogan made a motion to adjourn the meeting at 8:30 p.m. The motion was seconded by Commissioner Biella. The motion was unanimously approved. Lecia Paonessa Recording Secretary