Inland / Wetlands & Water Courses Agency
Regular MeetingMiddletown, CT · August 2, 2023
Minutes
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 – August 2, 2023
Meeting held in person only, Municipal Building, Common Council Chambers
7:00 P.M.
Present: Joseph Carta
Paul Dyka
Fred Terrasi
Jack Piper
Ken McClellan
Jennifer Greenberg
Brian Gartner
Absent: David Pritchard
Kristen Rzasa
Jammie Middleton
Steven Skultety
Trevor Davis
Public: Rich Reynolds, PE, Lennie Leibenhaut, David Lord, Soil Scientist, Henry Thomas, LA, Eric
Sokol Project Manager, Burns and MacDonald and 8 members of the public
Staff: James Sipperly, Environmental Planner
A. Call to Order
J. Carta, Chairman called the meeting to order at 7:03 pm and led the Pledge of Allegiance.
B. Public Hearing
1. (Continued) Request for Kaplan Drive access to construct two identical four story apartment
complex buildings at Map-Lot: 10-0147 Mile Lane. Applicant/Agent: D&V Development
of Middletown, LLC, 2023-6
Joe Carta explained that the Commission has received a letter from the applicant requesting a
continuance to the September 6, 2023 regular meeting due to the fact that Dave Carson, PE is
on vacation and not in attendance tonight.
Motion: To continue the Public Hearing until September 6, 2023. Moved by K. McClellan;
seconded by B. Gartner; approved unanimously
Page 1 of 4
2. Request to construct an indoor and outdoor pickleball court facility at Industrial Park Road,
Map-Lot 05-0052 in the IT Zone. Applicant/Agent Tall Properties, LLC/Lennie Leibenhaut.
2023-7
Henry Thomas, PE and LA introduced Lennie Leibenhaut who gave a history of pickleball in
CT and the nation. Lennie also talked about the zone change and the history of this site which
was previously approved by this commission in 2006 for several buildings.
Henry Thomas then gave an overview of the site layout and introduced Rich Reynolds, PE with
the LRC Group. Rich explained in detail the site drainage and wetland disturbances.
David Lord, Soil Scientist is now taking over the project for Rich Snarski who no longer can
work on this project. Mr. Lord submitted a written report dated July 31, 2023 outlining the
existing wetlands and the proposed disturbance filling an existing detention basin created
around 1980’s.
The existing detention has invasive species all around its edges and the new detention basin will
be planted with all native species.
K.McClellan asked about the area of the existing basin and comparing it to the area of the
proposed basin. R. Reynolds responded that they can modify the basin to make it larger which
will be better for the wildlife that may use it.
J. Greenberg asked about the timeline for the mitigation plan and would it be done in a dry time
of year. R. Reynolds responded that it would be done in a drier time and would take about 1
month to construct.
F. Terrasi asked about shortening the building on the NE side and shift it further away from the
wetlands. There are zoning issues that would prevent that H. Thomas responded.
P. Dyka asked about maintenance of the basins and drainage system. J. Sipperly responded that
is a comment from the T. Nigasanti, City Engineer who recommended they be inspected and
clean twice a year.
J. Carta asked about alternatives like doing the project form the previous approvals involving
other buildings. L. Leibenhaut answered and explained that the business model for the complex
has changed. J. Carta asked about oil and water separators and R. Reynolds explained that they
can be added.
J. Piper asked about shifting the parking and eliminating the rear parking area of 24 cars and
shifting them to the front and side of the building. That’s not feasible due to setback lines.
Motion: To continue the Public Hearing until the September 6, 2023 meeting. Moved by K.
McClellan; seconded by F. Terrasi; approved unanimously
C. Old Business
None
Page 2 of 4
1. D. New Business
Review of the proposed stabilization plans of the eroded riverbank at 1866 River Road.
Applicant/Agent: Eric Sokol/ Burns and McDonnell, Inc. 2023-8
Eric Sokol, Project Engineer explained the project in detail and stated that the CT DEEP is ok
with the project as well as the U.S. Army Corps of Engineers. The project will be re-
establishing a portion of a badly eroded river bank containing security fences and underground
piping. Wetlands are over 1500 feet away. The project will also be removing two areas of
invasive species.
P. Dyka asked about the work done in the spring, as he kayaks there. E. Sokol replied that that
was only temporary in nature.
J. Greenberg asked if this activity needs to be permitted by this Commission. J. Sipperly
responded that it could go either way. The Connecticut River is a watercourse and as staff he
determined that the Commission has jurisdiction and the fact that this would be highly visible to
users of the river an application would be required. The applicant agreed.
Motion: To accept the application and schedule it for action at the next meeting on September
6, 2023. Moved by K. McClellan; seconded by B. Gartner; approved unanimously.
E. Agency Review
None
F. Reports of Officers and Committees
J. Sipperly reported that he has visited, Big Y site, Phedon Parkway and Pameacha Pond sewer
project.
G. Public Open forum
None
H. Minutes of July 5, 2023 and July 8, 2023 (site walk)
The minutes were reviewed. No comments or corrections. Motion: To approve the minutes of July
5, 202. Moved by K. McClellan; seconded by B. Gartner approved unanimously
The minutes of July 8, 2023 were not available and tabled.
I. Communication and Bills
None
J. MIWWA regulation amendments
This item is still pending as the subcommittee has not met. J. Carta recommended changing the
requirements of posting signs for Public Hearings – that they be two sided and perpendicular to
the road.
Page 3 of 4
Motion to adjourn at 8:55pm
Moved by K. McClellan; seconded by B. Gartner
approved unanimously with J. Greenberg abstaining
Respectively Submitted,
James Sipperly, Secretary
Department of Land Use
Page 4 of 4
Agenda
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 Kristen Rzasa
Vacant
Vacant
Staff James Sipperly, Environmental Planner
REGULAR MEETING
AGENDA
WEDNESDAY August 2, 2023
MUNICIPAL BUILDING – COUNCIL CHAMBERS
7:00 P.M.
A. Call to Order
1. Pledge of Allegiance
B. Public Hearing
1. Continued: Request for Kaplan Drive access to construct two identical four story
apartment complex buildings at Map-Lot: 09-0017 Newfield Street and Map-Lot: 10-
0147 Mile Lane. Applicant/Agent: D&V Development of Middletown, LLC. 2023-6
Postponed by Applicant. Rescheduled to September 6, 2023.
2. Request to construct an indoor and outdoor pickleball court facility at Industrial Park
Road (Map-Lot: 05-0052) in the IT zone. Applicant/Agent: Tall Properties,
LLC/Lennie Leibenhaut. 2023-7
C. Old Business
D. New Business
1. Review of the proposed stabilization plans of the eroded riverbank at 1866 River
Road. Applicant/Agent: Eric Sokol/Burns and McDonnell, Inc. 2023-8
E. Agency Review
None
F. Reports of Officers and Committees
G. Public Open Forum
H. Minutes – July 5, 2023
July 8, 2023
I. Communication and Bills
J. MIWWA regulation amendments
If you require special accommodations for any meeting, please call the ADA Coordinator at (860) 638-4540, (voice) or (860)
638-4812 (TDD/TTY), or the Town Clerk’s Office at (860) 638-4910 at least ten (10) days prior to the scheduled meeting.
K. Adjournment
Alternate Member Seating: Jack Pieper; Paul Dyka
If you require special accommodations for any meeting, please call the ADA Coordinator at (860) 638-4540, (voice) or (860)
638-4812 (TDD/TTY), or the Town Clerk’s Office at (860) 638-4910 at least ten (10) days prior to the scheduled meeting.
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