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 – September 6, 2023 Meeting held in person only, Municipal Building, Common council Chambers 7:00pm A video tape of this meeting was recorded. Present: Joseph Carta Fred Terrasi Jack Piper Ken McClellan Brian Gartner David Pritchard Kristen Rzasa Trevor Davis Absent: Jammie Middleton Steven Skultety Brian Gartner Jennifer Greenberg Paul Dyka Public: Rich Reynolds, PE, Lennie Leibenhaut, David Lord, Soil Scientist, Henry Thomas, LA, Eric Sokol Project Manager, Burns and MacDonald, David Lord, Soil Scientist, Dominick DiMartino, Dave Carson, P.E., and 32 members of the public Staff: James Sipperly, Environmental Planner A. Call to Order J. Carta, Chairman called the meeting to order at 7:07 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 J. Sipperly presented an overview of the time line and the field trip that was conducted on July 8, 2023. D. Carson explained the proposed changes to the site plan and the reason for those changes due to comments from the City Engineer, staff and Commission members. D. Carson also explained the history of the project and the need for the public hearing. T. Davis asked about the proposed bike path and its proposed location. D. Carson replied that the bike path was moved entirely on this property and the trees along the property line will be saved. Page 1 of 11 Sixteen members of the public asked various questions regarding the project. Motion: To take a 10 minute recess. Moved by K. McClellan; seconed by K. Rzasa; approved unanimously. Recess at 8:32pm Chairman J. Carta reconvened the meeting at 8:42pm. D. Carson stated that he was not going to respond or answer any more questions from the public and will not be adding anything further. Chairman Carta was not pleased with that response. Motion: To close the Public Hearing. Moved by K. McClellan; seconded by K. Rzasa; approved unanimously. Discussion ensued. J. Sipperly read the following draft motion into the record. IWWA APPLICATION W 2023-6 Applicant/Agent: D&V Development of Middletown, LLC Request for Kaplan Drive access to construct two identical four story apartment complex buildings Draft Motion: That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered application 2023-6 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 are to construct two four story apartment buildings for 148 units and associated site improvements including paved parking areas and driveways, stormwater management systems and utility services. 2. That the inland wetlands and watercourses on the site were delineated by Mathew Davison, Professional Soil Scientist on May 19, and June 2022. A second Certified Soil Scientist, George Logan, verified the delineation and visited the site several times in late winter and early spring of 2023 and again on May 31, 2023. A wetland assessment dated November 1, 2022 was submitted by Davison and a habitat enhancement & impact minimization plan dated May, 2023 was submitted by Logan. 3. That a hydrologic analysis report dated October 12, 2022, revised March 13, 2023 prepared by OCC Group was submitted and reviewed by the City Engineer. As a result of comments from the Town Engineer dated March 28, 2023 and comments from commission members during the public hearings, a supplemental data report dated May 15, 2023 prepared by OCC Group was submitted that addressed the Town Engineer’s previous comments. 4. That the commission conducted a field trip to the site on July 8, 2023 and 15 members of the public attended as well. 5. The overall development parcel encompasses 19.20 acres of a 45 acre site which is subject to a land transfer agreement with the City of Middletown. Under this agreement 4.82 acres of Page 2 of 11  city owned land will be transferred to the developer in exchange for 25.63 acres to be deeded to the city of Middletown for open space. 6. There will be 1.56 acres in the 100’ upland review altered for the development and 0.36 acres of wetlands will be enhanced by means of native species plantings and invasive plants removal in an existing agricultural field. 7. That there are no proposed direct impacts to the inland wetlands and watercourses on and/or adjacent to the site. 8. That an initial concept plan for the development envisioned 3 buildings based on a layout form GIS data and previously prepared plans for the proposed Municipal Golf Course on this site. This alternative was abandoned based on additional field work which included topography survey and new wetland delineations. 9. Furthermore, a row of parking was eliminated and the retaining wall was moved further away from the wetlands. 10. That his concept plan is the preferred feasible and prudent alternative that exists and 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 2023-6 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plan entitled: “Site Development Plans, Two Building Apartment Complex, off Kaplan Drive, Middletown, CT, to be developed by D & V Development of Middletown LLC, Dated October 12, 2022 revised thru May 15, 2023, prepared by OCC Group, LLC sheets 1-19 with varied sheet numbers/letters combinations. 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 September 6, 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 Page 3 of 11  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 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. 17. That a bond calculated by the Town Engineer covering the erosion and sedimentation control measure costs, including the proposed wetland mitigation work costs shall be submitted to the City of Middletown using a bank check or money order prior to the commencement of construction activities. Motion: To approve the application with the draft language read by staff. Moved by K. McClellan; seconded by K. Rzasa. Discussion ensued. K. McClellan stated he would be voting no and denying the application and stated several reasons for Page 4 of 11 his decision. K. Rzasa stated that she will be voting no as well for the same reasons and there was no reply to her comments about service dogs being in the apartments. T. Davis stated that there is no impact to the wetlands by this project. F. Terrasi stated that he could vote in favor for this project. J. Carta mentioned comments from George Logan at the July meeting and feels that some wetlands may have been missed. J. carta requested a third party review and it was not granted and is not in favor of this application. J. Carta called the vote all in favor: Fred Terrasi Trevor Davis All against: J. Carta K. McClellan D. Pritchard J. Piper K. Rzasa Motion is fails and the application is denied. 2. (continued) 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 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. It was expanded in size due to previous commission members comments. H. Thomas also reported they lost 4 parking spots and changed the dumpster location. D. Lord, Soil Scientist presented a detail plan regarding the detention basin. Page 5 of 11  Motion: To close the public hearing Moved by k. McClellan; seconded by D. Pritchard; approved unanimously. J. Sipperly read the following draft motion into the record: IWWA APPLICATION W 2023-7 Applicant/Agent: Tall Properties, LLC/Lennie Leibenhaut Request to construct an indoor and outdoor pickleball court facility at Industrial Park Road (Map-Lot 05-0052) in the IT zone. Draft Motion: That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered application 2023-7 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: 11. That the proposed activities are to construct an indoor and outdoor pickleball facility with associated site improvements including paved parking areas, driveways and utilities. 12. That the lot area is 5.7 acres that includes, 0.676 acres of wetlands of which 0.214 acres will be altered. A total of 1.57 acres of impacted regulated area will be affected. There is 3 wetland areas on the property. 13. That the inland wetlands and watercourse were originally delineated by Rich Snarski. That David Lord, Soil Scientist has taken over the soil scientist role for this project and submitted reports dated July 31, 2023, August 23,2023 and August 24, 2023 explaining wetland functions and values, wetland impact analysis and wetland mitigation. 14. An additional report dated January 26, 2023 was submitted by Soil Scientist Anthony Zemba also verified the wetland delineation on site. 15. That wetland resource A is an existing detention basin that was constructed in the 1980’s and measures 0.214 acres. This project proposes to fill the existing basin and replace its functionality with a properly sized stormwater wetland detention basin. The plans have been modified to enlarge the basin at the request of the commission to better provide habitat for wildlife. 16. A detailed plan provides the methodology to successfully convert the existing basin to the proposed basin that will lessen the impact on amphibians that may utilize the existing basin. 17. That the proposed basin will be planted with native trees and shrubs and a wetland seed mix that will improve the habitat for wildlife in the area. 18. That the plans and drainage calculations were reviewed by the Town Engineer and comments dated July 21, 2023 were received from Tom Nigosanti. 19. That a letter from the LRC Group dated July 24, 2023 addressed the comments of Tom Nigosanti and the plans were modified to reflect those his comments. 20. That the proposed filling of the existing detention basin will have a temporary impact to the wetland as the existing wetland detention basin is constructed. That the detailed construction sequence outlined in David Lord’s report dated August 24, 2023 will be strictly adhered to. Page 6 of 11  21. That a yearly monitoring report outlining the successful survivability of the plantings shall be done for a period of three years and shall be submitted to this agency. Therefore, permit # W 2023-7 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plan entitled: “Pickleball Park of CT, proposed recreational facility, Centerpint Drive, Middletown CT, dated June23, 2023, revised July 21, 2024, scale as shown on sheets 18, with varied sheet numbers/letters combinations.” This Permit is issued by the Agency subject to the following conditions and/or modifications as follows: 18. If the authorized activity is not completed within five (5) years from the date of approval by the Agency that is, on or before September 6, 2028 said activity shall cease and, if not previously revoked or specifically extended, this Permit shall be null and void. 19. The permittee shall notify the Wetlands Officer immediately upon the commencement of work and upon its completion. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. The authorizations and activities set forth in this Permit are not transferable without the written consent of the Agency or its Authorized Agent. Page 7 of 11  28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. That a bond calculated by the Town Engineer covering the erosion and sedimentation control measure costs, including the proposed wetland mitigation work costs shall be submitted to the City of Middletown using a bank check or money order prior to the commencement of construction activities. Motion: To move the draft motion read by staff. Moved by f. Terrasi; seconded by K. Rzasa; approved unanimously. Motion: To take a 5 minute recess. Moved by K. Rzasa; seconded by D. Pritchard; approved unanimously J. Carta reconvened the meeting at 10:35pm C. Old 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. Page 8 of 11 J. Sipperly was asked to read a draft motion into the record. IWWA APPLICATION W 2023-8 Applicant/Agent: Eric Sokol/Burns and McDonnell, Inc. Review of the proposed stabilization plans of the eroded CT riverbank at 1866 River Road Draft Motion: That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered application 2023-6 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: 22. That the application is to stabilize an existing erosional problem along the banks of the CT River at the Middletown Power Plant at 1866 River Road. 23. That the stabilization of the riverbank will restore original conditions and profiles of the 2006 Regulatory model. This will be done regrading and slope profile reconstruction using Envirolok Bags filled with stone and organic material to promote vegetation growth using deep rooted grasses and low profile vegetation. 24. That the proposed construction activities will prevent erosion and sedimentation along the banks and into the CT River and further will not have a significant adverse effect on the adjacent wetlands and watercourses on the site that are approximately 1,475 ft away from the actual project sight. Also noting that the CT River is defined as a major watercourse in Middletown. Therefore, permit # W 2023-8 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plans outlined in application materials listed as Appendix A – E including a report received on July 21, 2023 and on site plans entitled: “Middletown Power LLC, Riverbank Stabilization 1866 River Road, Middletown CT, dated July 18, 2023, scale as shown, sheets 1-8, prepared by Burns and McDonnell” This Permit is issued by the Agency subject to the following conditions and/or modifications as follows: 35. If the authorized activity is not completed within five (5) years from the date of approval by the Agency that is, on or before September 6, 2028 said activity shall cease and, if not previously revoked or specifically extended, this Permit shall be null and void. 36. The permittee shall notify the Wetlands Officer immediately upon the commencement of work and upon its completion. 37. 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 Page 9 of 11  to accommodate field conditions so long as they provide equal or greater protection against S&E into the regulated wetlands and upland review area. 38. 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. 39. 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. 40. 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. 41. 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. 42. 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. 43. 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. 44. The authorizations and activities set forth in this Permit are not transferable without the written consent of the Agency or its Authorized Agent. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. Page 10 of 11  50. 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. Moved by K. Rzasa; seconded by K. McClellan; approved unanimously Trevor Davis left at the second break. D. New Business None E. Agency Review It was the consensus of the commission to allow the Water and Sewer to replace manholes and frames around Pameacha Pond. 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 8, 2023 (site walk) and August 2, 2023 regular meeting July 8, 2023 – Motion: To approve the minutes. Moved by J. Piper; seconded by F. Terrasi Approved unanimously with Ken, Kristen and Dave abstaining August 2, 2023 – Motion: To approve the minutes. Moved by K. McClellan; seconded by F. Terrasi. Approved unanimously with Dave and Kristen abstaining 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. K. Adjournment Motion to adjourn at 10:55pm Moved by K. McClellan; seconded by K. Rzasa; approved unanimously Respectively Submitted, James Sipperly, Secretary Department of Land Use Page 11 of 11