Inland / Wetlands & Water Courses Agency

REGULAR MEETING OF THE INLAND WETLANDS AND WATERCOURSES AGENCY MIDDLETOWN CONNECTICUT JUNE 6, 2018 A. Call to Order / Pledge of Allegiance The meeting was called to order at 7:02 PM with the Pledge of Allegiance. All members are voting members. Present: Commissioner Joe Carta (arrived at 7:15 PM) Commissioner Trevor Davis Commissioner Ken McClellan Commissioner Jennifer Greenberg Commissioner Constance Kisluk Commissioner Kayleigh Pratt Commissioner Phil Nettis Absent: Commissioner Robert Whitney Commissioner Jammie Middleton Commissioner David Pritchard Commissioner Fred Terrasi Commissioner Gabriel Russo Commissioner Jack Pieper Staff: Michelle Ford, ZEO & WEO Commissioner McLellan asks for a motion to change agenda to vote for a Chairman pro-tem. Motion was made by Commissioner Pritchard and seconded by Commissioner Davis. All in favor. A nomination for Commissioner McClellan for Acting Chair was made by Commissioner Pritchard. Seconded by Commissioner Greenberg. All in favor. B. Public Hearing 1. Proposed embankment stabilization to minimize polluted fill material into the stream at the northeastern portion of parcel within the 100 foot upland review area at 56 Pameacha Avenue. Applicant/agent Arcadis U.S., Inc. 18- 05 (Date of receipt 5/2/18) David Solver, Arcadis Project Manager of the application. He introduced Deb Hays, Permit Specialist with Arcadis. Mr. Solver and Ms. Hayes gave a detailed slide presentation to the Commission. 1 From the public Mr. Magnano of 65 Laurel Street and an abutter to the project. He expressed concern about erosion on his property. He stated that when the tunnel (culvert) was built it affected his property. He wants to know if after building the wall, will the water come to his lot again. Mr. Solver said that part of the stabilization wall will come on his parcel and are in the process of getting an agreement with Mr. Magnano in place. The wall would have minimal impact on capacity of stream. Mr. Solver answered many questions from the Commission. Sandy Whalley from DEEP stated she is the coordinator for RCRA corrective action program and has been involved in the project with Mr. Solver and Ms. Hayes. She is advocating for the plan. They have gone over different plans and this is the best one. Commissioner McClellan moves to close the public hearing. Commissioner Davis seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Commissioner Davis moves to approve the proposed embankment stabilization to minimize polluted fill material into the stream at the northeastern portion of parcel within the 100 foot upland review area at 56 Pameacha Avenue. Commissioner Prichard seconds the motion. Acting Chair McClellan added the following conditions:  Work with Mr. Magnano and there is no additional water flow;  Any future revisions made by the designer, DEEP, etc. should be brought to staff;  For any equipment in the stream bed, applicant should place oil booms to prevent any fluids from that equipment get into the stream;  Net zero change in flood capacity of that stream. Commissioner Nettis asks about upgradient. Staff explains the area and the problems. Commissioner McClellan states that the applicant needs to talk to Chris Holden, Deputy Director of Public Works. Commissioner Davis advocates for the project. Commissioner Davis and Pritchard agree to the conditions. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Chairman Carta takes over as Chair. C. Old Business 1. Continued: Proposed installation of two (2) hoop houses (28’ x 88’ each) and a carport (22’ x 30’) to be used for storage of farm equipment, vehicles and accessories within the upland review area at 1340 Country Club Road. Applicant/agent Jason & Jennifer Blakeslee 18-02 (Date of receipt 4/4/18; To be continued to the July meeting) Commissioner McClellan moves to continue to the July meeting. Commissioner Kisluk seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. 2  2. Proposed construction of a new concrete precast bridge to replace old deteriorating bridge within regulated wetlands and 100 foot upland review area at 80 Stantack Road. Applicant/agent Dino Pandolfo/Meriden Motorcycle Club 18-04 (Date of receipt 5/2/18) Staff explained that this application comes from a Cease & Desist order for doing work within regulated wetlands. Dino Pandolfo explained that he didn’t know that he should have taken out a permit for this work. He then presents the application and explains the project. Staff states history of the lot and explains applicant’s cooperation and net benefit of project. Commissioner Nettis asks if the water comes from auto parts runoff. Dino Pandolfo said it was mountain runoff. Commissioner McClellan asks if work would be done by hand. Mr. Pandolfo said yes. A discussion ensues. Commissioner Nettis moves for approval for the proposed construction of a new concrete precast bridge to replace the old deteriorating bridge within regulated wetlands and 100 foot upland review area at 80 Stantack Road. Commissioner McClellan seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. D. New Business 1. Proposed subdivision including grading and installation of lawn in the Upland Review Area on (Map 10, Lot 0028) on Ridgewood Road. Applicant/agent Sunwood Development Corp. c/o Joan C. Molloy, Esq. 18- 06 (Date of receipt 6/6/18) Commissioner McClellan moves to schedule a public hearing in July for a proposed subdivision including grading and installation of lawn in the Upland Review Area on (Map 10, Lot 0028) on Ridgewood Road. Commissioner Nettis seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. E. Agency Review None F. Reports of Officers and Committees and WEO Report Staff updates the Commission regarding the Cease & Desist Order for Monarca Drive. She explains that the owner and representative have both reached out to her and promised they would remove the material. She has not heard from an engineer regarding how they would like to remove the material. Commissioner McClellan discusses fines and suggests staff check with the General Council. 634 Newfield Street - Staff updates Commission regarding Middletown Toyota. She explains at this time this is as good as it’s going to get considering her work load. At this time the property is stabilized. If it does become worse, they can look back on the order and go from there. 1075 Newfield Street – Staff states that they had a productive meeting with the owner, his engineer, soil scientist and Army Corps of Engineers. The purpose of the meeting was for the Army Corps of Engineer assess whether or not it was within federal jurisdiction. A few days after the meeting they determined that it was in their jurisdiction. So it was determined that Army Corp was going to take the lead and we are waiting to see what plans they have. 3 G. Public Open Forum None H. Minutes – May 2, 2018 Commissioner McClellan moves for approval of the minutes of May 2, 2018. Commissioner Pritchard seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 5 affirmative votes with Commissioners Nettis and Pratt abstaining. I. Communication and Bills None J. Adjournment Commissioner Pritchard moves for adjournment at 8:51 PM. Commissioner McClellan seconds the motion. The chair calls for the vote. The chair states the matter passes unanimously with 7 affirmative votes. Respectfully submitted, Michelle Ford Zoning and Wetlands Enforcement Officer 4