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 – May 3, 2023 Meeting held in person only, Municipal Building, Common Council Chambers 7:00 P.M. Present: Brian Gartner Joseph Carta Paul Dyka David Pritchard Jennifer Greenberg Fred Terrasi Jack Piper Trevor Davis Ken McClellan Absent: Steven Skultety Kristen Rzasa Jammie Middleton Public: Chris Holden, Public Works Director, Ian Cole, Sal Monarca, Brian Panico Staff: James Sipperly, Environmental Planner A. Call to Order J. Carta, Chairman called the meeting to order at 7:05 pm and led the Pledge of Allegiance. B. Public Hearing None C. Old Business 1. Request to construct a 12,000 sf CMU storage building in the upland review area at 2175 South Main Street. Applicant /Agent: AMI Sports, LLC 2023-2 J. Sipperly requested that the applicant, Sal Monarca, present the application again because a few members were not at the last meeting. Sal Monarca and his engineer presented the site plan and reviewed the clean roof water discharge to the existing drainage swale. There were no questions from the commission members. J. Sipperly was asked to read a draft motion for consideration. IWWA APPLICATION W 2023-2 Applicant/Agent AMI Sports, LLC Draft Motion: Page 1 of 7 That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered 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 construct a 12,00sf CMU storage building in the upland review area at 2175 South Main Street. 2. That the inland wetlands and watercourses were delineated by George Logan, REMA Ecological Services and shown correctly on the plans referenced below. 3. 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 2023-2 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plan entitled: “Improvement Location Survey Prepared for AMI Sports LLC, 2175 South Main Street, Middletown, CT, scale 1”=40’, dated 3/22/22, revised 5/24/22 and 03/27/23, prepared by Richard Mihok, PE/LS. 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 May 2, 2028 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, obstructions, encroachments, and/or regulated activities not specifically identified and authorized herein shall constitute a violation of this Permit and may result in its Page 2 of 7  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 container to prevent the possibilities of spills and/or leaks. 2. Request to place millings /gravel to park 20-50 cars for a new used car dealership within the upland review area at 1397 Newfield Street. Applicant /Agent: Joshua Freeman/Freeman Enterprises LLC. The applicant is not in attendance tonight. J. Sipperly stated that a basic plan was submitted and told the applicant that it would have to be designed by a professional. 3. Request to construct a trucking terminal with a 8,100 sf building with 8 loading docks on Timber Ridge Road (map –Lot 01-0018), applicant/Agent: Harpreet Sandhu/TBS Plus, LLC 2023-4 J. Sipperly reported that the Commission had a field trip to the property on April 19, 2023. J. Sipperly also reported that he received comments from the town Engineer, Tom Nigosanti and that those comments have been addressed. Brian Canado, P.E., presented the plans in detail and addressed the comments from T. Nigosanti. There will be 1.98 acres of pervious pavement and .95 of upland review disturbance. Page 3 of 7 Ian Cole, Soil Scientist gave his report. There are no wetlands to be disturbed. Bradley Brook is the watercourse that flows through the property. T. Davis asked about moving the building and because of the grade they cannot. J. Carta asked about the drippings of oil, gas and truck fluids. B. Panico responded that there could be an oil and water separator on the hooded catch basin. K. McClelland reported that he does not like the amount of disturbance in the upland review area. T. Davis agreed and stated because of that reason and the location of the building he will be voting against this application tonight. J. Sipperly was asked to read the motion into the record. IWWA APPLICATION W 2023-4 Applicant/Agent Harpreet Sandhu/TBS Plus, LLC Draft Motion: That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered application 2023-4 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 construct 8,100sf building with 8 loading docks on Timber Ridge Road (Map-Lot: 01-0018) 2. That the inland wetlands and watercourses were delineated by Ian Cole, Professional Registered Soil Scientist and shown correctly on the plans referenced below. A complete soils report was submitted and dated March 14, 2023. 3. That all the comments from City Engineer, Tom Nigasonti have been addressed in a letter to him dated May 1, 2023 from Barton Bovi, Senior Engineer from Harry E. Cole and Son. 4. That the IWWA conducted a field site visitation on April 19, 2023 to view the site conditions and proposed activities. 5. 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 2023-4 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plan entitled: “Proposed Trucking Terminal, Lot #7 – 370 Timber Ridge Road, Middletown, CT, Scale as shown, dated February 27, 2023, revised through May 1, 2023, prepared by Harry E. Cole & Son Engineering” 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 May 2, 2028 said activity shall cease and, if not previously revoked or specifically extended, this Permit shall be null and void. Page 4 of 7 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, 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 Page 5 of 7  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 parking lot lights be shielded with hoods so that the light does not escape the site and protects the wildlife corridor along the Bradley Brook area. Also a non- reflective surface should be on the parking lot surface. 18. That a hooded outlet structure and water and oil separator be installed on the type 2 catch basin with a 4’ sump before the detention pond. Moved by K. McClellan; seconded by J. Piper, approved unanimously with B. Gartner and J. Greenberg abstaining with T. Davis voting opposed. D. New Business None E. Agency Review None F. Reports of Officers and Committees J. Sipperly reported that he conducted some inspections of various locations including the Big Y site, Ridgewood road and Mile Lane subdivision, Pameacha Pond sewer project, and checked on the Wesleyan dirt pile. G. Public Open forum None H. Minutes of April 5, 2023 and April 19, 2023 The minutes of April 5 were reviewed. Revisions are: that Kristen Rzasa name should be removed from the absent list, and that K. McClellan be added to the absent list. Motion: To approve the April 5 minutes as amended. Moved by J. Greenberg; seconded by P. Dyka; approved unanimously with K. McClellan and B. Gartner abstaining. The minutes of April 19, 2023 were reviewed. Motion: To approve the minutes of the field trip on April 19, 2023. Moved by K. McClellan; seconded by T. Davis; approved unanimously with J. Piper, B. Gartner, D. Pritchard, F. Terrasi and J. Greenberg abstaining. I. Communication and Bills J. Greenberg finished revising the wetland regulations but the subcommittee has not met yet. J. Adjournment Motion to adjourn at 8:30pm Moved by K. Rzasa; seconded by f. Terrasi Passed unanimously. Page 6 of 7 Respectively Submitted, James Sipperly, Secretary Department of Land Use Page 7 of 7