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Inland / Wetlands & Water Courses Agency

Regular Meeting

Middletown, CT · August 2, 2023

AgendaMinutes

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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