Inland / Wetlands & Water Courses Agency

Chair Joseph Carta Vice-Chair Ken McClellan Members Fred Terrasi Trevor Davis Inland Wetlands David Pritchard Jammie Middleton Jennifer Greenberg Brian Gartner And Alternates Steven Skultety Jack Pieper Vacant Paul Dyka Watercourses Agency Vacant Vacant Kristen Rzasa Staff James Sipperly, Environmental Planner MEETING MINUTES Wednesday – November 2, 2022 Meeting held in person only, Municipal Building, Common Council Chambers 7:00 P.M. Present: Ken McClellan Joseph Carta Paul Dyka David Pritchard Jennifer Greenberg Jammie Middleton Brian Gartner Absent: Fred Terrasi Jack Pieper Kristen Rzasa Trevor Davis Steve Skultety Public: None Staff: Gary Middleton, Assistant City Planner A. Call to Order J. Carta, Chairman called the meeting to order at 7:00 pm and led the Pledge of Allegiance. B. Public Hearing None C. Old Business 1. Subdivision to create five residential building lots at665 Ridgewood Road (Map/Lot: 10- 0008). Applicant/Agent: Hubbard Properties, LLC. 2022-9 P. Benjamin, Professional Engineer is not present at the meeting tonight. J. Carta summarized the application. Motion: IWWA APPLICATION W 2022-9 Applicant/Agent Hubbard Properties, LLC That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered Page 1 of 4 application 2022-9 with due regard to the criteria enumerated in Section 22a-41 of the Connecticut General Statutes and Section 8 of the Inland Wetlands & Watercourses Regulations of the City of Middletown finds the following: 1. That the proposed activities is to create 5 residential building lots. 2. That there will be a temporary disturbance of 120sqft to the inland wetlands and intermittent watercourse on site due to the installation of a sanitary sewer pipe for lots 4 &5. 3. That the inlands wetlands and watercourses on the site were delineated by Eric Davidson, Certified Soil Scientist and are shown correctly on the plan referenced below. 4. That the proposed work, as specified and conditioned below, is in conformance with the purposes and provisions of said sections and furthermore, will not have a significant adverse effect on the adjacent inland wetlands and watercourses. Therefore, permit # W 2022-9 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plan entitled: “Property of Hubbard Properties, LLC as subdivided creating lots 1,2,3,4 & 5, 665 Ridgewood Road, Middletown CT, scale 1”=40’, dated 09 March 2022, revised May 17, 2022 sheets 1-5, Prepared by Bascom & Benjamin, LLC” This Permit is issued by the Agency subject to the following conditions and/or modifications as follows: 1. If the authorized activity is not completed within five (5) years from the date of approval by the Agency that is, on or before November 2, 2027 said activity shall cease and, if not previously revoked or specifically extended, this Permit shall be null and void. 2. The permittee shall notify the Wetlands Officer immediately upon the commencement of work and upon its completion. 3. Prior to the commencement of any site work, the Permittees and/or their agent shall properly install any and all sedimentation and erosion (S&E) control measures as depicted on the site plans approved by the Agency. Changes to S&E controls may be made in order to accommodate field conditions so long as they provide equal or greater protection against S&E into the regulated wetlands and upland review area. 4. A copy of the plans approved by the Agency shall be kept at the job site for the duration of construction activities as approved herein. 5. During construction, as represented to the Agency, no material shall be stockpiled within the regulated area or in areas other than those depicted on the site plans approved by the Agency. 6. The City reserves the right to inspect the site work area at any time from commencement to conclusion of the property to ensure permit conditions and compliance with the regulations is being met. 7. All sedimentation and erosion control devices shall remain in place until the end of construction and the site is deemed stabilized by the City’s Wetlands Enforcement Officer or other authorized agent of the Land Use Department. An inspection can be scheduled by calling 860-638-4590. 8. All work, including all regulated activities conducted pursuant to this authorization, shall be consistent with the terms and conditions of this Permit. Any structures, excavation, fill, Page 2 of 4  obstructions, encroachments, and/or regulated activities not specifically identified and authorized herein shall constitute a violation of this Permit and may result in its modification, suspension, or revocation. Upon initiation of the activities authorized herein, the Permittees accept and agree to comply fully with all terms and conditions of this Permit. 9. No equipment or material including, without limitation, fill, construction materials and/or debris, shall be deposited, placed, and/or stored in any regulated area, on or off site, unless specifically authorized by this Permit. 10. The authorizations and activities set forth in this Permit are not transferable without the written consent of the Agency or its Authorized Agent. 11. In evaluating this application, the Agency has relied on information provided by the Permittees. If such information subsequently proves to be false, deceptive, incomplete and/or inaccurate, this Permit may be modified, suspended, or revoked by the Agency. 12. If applicable, flagging associated with the wetland boundary shall remain until the completion of construction activities and shall not be removed until all work is complete and the site is stabilized. 13. The Permittee shall employ best management practices, consistent with the terms and conditions of this Permit, to control stormwater discharge, to prevent erosion and sediment migration beyond the work area(s), and to otherwise prevent pollution of inland wetlands and watercourses. The Permittees shall immediately inform the City’s Inland Wetlands Enforcement Officer of any problems related to activities in the regulated area, which have been impacted during the course of, or caused by, the authorized work. 14. This Permit is subject to, and does not detract from, any present or future property rights or other rights or powers of the State of Connecticut, and conveys no property rights in real estate or material nor any exclusive privileges, and is further subject to any and all public and private rights and to any federal, state, or local laws or regulations pertinent to the property or activity affected hereby. 15. Nothing in these regulations shall obviate any requirement for the Permittee to obtain any other assent, permit, or license required by law and/or regulation by the Government of the United States, the State of Connecticut, or any other political subdivisions thereof. Obtaining such assents, permits, and/or licenses is solely the responsibility of the Permittee. 16. That any storage of fuel, oils and other chemicals on the site shall be stored in a secondary co to prevent the possibilities of spills and/or leaks. 17. That the sanitary sewer pipe installation will be performed during dry conditions between June 1 and September 3. Dry conditions will be verified prior to commencement of construction activities by the Environmental Planner. Moved by K. McClellan; seconded by D. Pritchard There was an amendment made to add stipulation #17 to the motion for approval, Moved also by K. McClellan; seconded by D. Pritchard; approved unanimously. D. New Business None E. Agency Review None Page 3 of 4  F. Reports of Officers and Committees None G. Public Open forum None H. Minutes of September 7, 2022 The minutes were reviewed as received. On page 3, third paragraph, “want” should be “what” Motion: To approve the minutes of September 7, 2022 as amended. Moved by K. McClellan; seconded by D. Pritchard; approved unanimously I. Communication and Bills None J. Adjournment Motion: To adjourn at 7:12 pm. Moved by D. Pritchard; seconded by Brian Gartner Approved unanimously. Respectively Submitted, James Sipperly, Secretary/Environmental Planner Department of Land Use Page 4 of 4