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 Christine Raczka (’27) Nanette Albright Fresher (’27) Kristen Rzasa Staff James Sipperly, Environmental Planner REGULAR MEETING MINUTES Wednesday – April 3, 2024 Meeting held in person only, Municipal Building, Common Council Chambers 7:00pm A video tape of this meeting was recorded. Present: Paul Dyka Jack Piper Ken McClellan Trevor Davis Joseph Carta Christine Raczka David Pritchard Jennifer Greenberg Kristen Rzasa Absent: Steven Skultety Brian Gartner Fred Terrasi Public: Gary Dasyharsh, David Winkle, Alan Rubacha, Bob Doane, Dominick DeMartino, Lennie Leibenhaut, Mathew Waterman, 47 members of the public Staff: James Sipperly, Environmental Planner A. Call to Order 1. Chairman J. Carta called the meeting to order at 7:01pm and led the Pledge of Allegiance. 2. Election of Officers B. Public Hearing 1. Request for the proposed construction of a 99,000 SF Manufacturing Building with an Office and Warehouse within the upland review area and a proposed road crossing through a wetland system located at o Middle Street (map – lot 03-0209). Applicant/Agent: Gary Dayharsh/Delta Building Corp. W2024 J.Sipperly, staff reported that he received and email today from Gary Dayharsh, representing the applicant requesting an extension of the Public Hearing because the engineer and soil scientist could not attend the meeting tonight. Gary Dayharsh confirmed this request an apologized to the many members of the public in attendance. J. Sipperly stated that the best thing to do is wait to hear testimony from their team before the public asks questions. J Sipperly further stated that if any members of the public would like to speak could do so. No one wished to speak at this time. Motion: to table item B1 and continue the Public Hearing on May 1, 2024. Moved by K.McClellan; seconded by K. Rzasa, approved unanimously. Page 1 of 6  C. Old Business 1. Request for the proposed renovation of two practice fields, one field to be replaced with synthetic turf, the other field to be reshaped both within the upland review area located at 170 Long Lane. Applicant /Agent: Alan Rubacha/Wesleyan University. W2024-1 Alan Rubacha, Facilities Manager and Project Manager at Wesleyan University and his project team were present to answer questions. J. Sipperly reported that there is a grass field south of the existing track where they would like to build a new turf field and modify the existing grass field. The new turf field is made of a new product that has a net O carbon base material and no carbon footprint and requires no watering and is permeable. The project does not have any impact directly to the wetlands. There will be proposed construction activity in the 100’ upland review area, right up to the adjacent wetlands. This is for the proposed detention pond and outlet structure. J. Carta asked about the specific uses of each field and the discharge points. There were no other questions. Motion: IWWA APPLICATION W 2024-1 Applicant/Agent Alan Rubacha/Wesleyan University Draft Motion: That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered application 2024-1 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 renovate two practice fields, one field to be replaced with synthetic turf and the other field to be reshaped and graded both within the upland review area. 2. That a Wetlands and Watercourses Report from Tighe and Bond’s Soil Scientist Mathew Regan dated November 2023 was submitted. Total area of impacted regulated area is 1.6 acres. There is no proposed activities within the wetlands and/or watercourses. 3. That a stormwater pollution prevention plan dated January 2024 prepared by Catella Engineering LLC was submitted and reviewed by Tom Nigosanti. 4. That a memo from the City Engineer, Tom Nigosanti dated January 26, 2024 indicated that this application meets their requirements. 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 2024-1 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plan entitled: Page 2 of 6 “Wesleyan University, Middletown, CT, Synthetic Turf Field, January 5, 2024 sheets C1-C4, S1 & S2, and D1 – D6, scale as shown, prepared by Catella Engineering, 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 April 3 2029 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 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. Page 3 of 6  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 filling of the isolated wetland area and 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. Moved by K. McClellan; seconded by J. Greenberg, approved unanimously D. New Business 1. Request to modify wetlands permit 2023-7 to expand the parking lot and drainage system within the upland review area located at 100 Centerpoint Drive. Applicant/Agent Lennie Leibenhaut/Tall Properties, LLC W2024 -3 Henry Thomas, PE discussed the modifications in detail. J. Sipperly recommended that the Commission accept the application and set a Public Hearing for May 1, as this is a significant activity and the original application required a Public Hearing. Motion: To accept the application and set a Public Hearing for May 1, 2024. Moved by D. Pritchard; seconded by J. Pieper, approved unanimously. 2. Request to construct the proposed groundwater and storm water drainage system located at 96 Elizabeth Lane. Applicant/Agent: Robert Doane, Jr./Doane Engineering, W2024-4 Bob Doane PE, explained the project in detail. This was a dispute between two neighbors that ended up in court. A court settlement sparked this design and is court ordered. Bob Doane designed a detailed drainage system to correct the problem. The wetland line is over 100’feet from the work. After much discussion the commission decided no permit was required and that staff can approve this administratively. Motion: That no permit is required and that staff can review and coordinate this project. Moved by K. McClellan; seconded by K. Rzasa approved unanimously. Page 4 of 6 3. Request to construct a four-story apartment complex and parking lot within the upland review area located at Kaplan Drive (Map-Lot: 09-0017 & 10-0147). Applicant/Agent: Dominick DeMartino/D&V Development of Middletown, LLC. W2024-5 Attorney Dennis Ceneveva represented the applicant who also is in attendance. Atty. Ceneveva discussed the proposed application and the modifications made from the original permit that was withdrawn. There was discussion as to when to hold the Public Hearing a two have already been scheduled for May. J. Carta asked the applicant what he would prefer and D. DeMartino replied June would be fine. Motion: To accept the application and schedule it for a Public Hearing on June 5, 2024. Moved by K. McClellan; seconded by K. Rzasa, approved unanimously. 4. Request to remove accumulated silt and cattails to restore pond area and depth at 208 freeman Road. Applicant/Agent: Mathew Waterman. W2024-6 J. Sipperly reported that a similar request was approved in 2004 and the pond needs to be dredged again. M. Waterman presented the plans in detail and described how the pond would be dredged and where the spoils would be placed. Ian Cole, Soil Scientist, submitted a detailed report and mapping. J. Sipperly, Ian Cole and M. Waterman met at the site recently. Discussion ensued. Motion: To accept the application and table it for the May meeting for a decision. Moved by K. McClellan; seconded by D. Pritchard, approved unanimously. E. Agency Review 1. Request to erect a 12’x 20’ shed on a gravel base abutting the Military Museum for storage of retired military equipment located at 200 Walnut Grove Road. SPR2024-13 K. McClellan recused himself as a member of the Commission at 8:11pm. J. Sipperly gave an overview of the project and stated he knows this area very well. There is a small depression that is wet with wetland grasses and shrubs to the left of the museum entrance. K. McClellan, President of the Military Museum showed maps and details of the proposed shed. The shed will go behind the existing museum. Motion: That no permit is required for this project. Moved by D. Pritchard; seconded by K. Rzasa, approved unanimously. K. McClellan rejoined the commission at 8:17pm. F. Reports of Officers and Committees J. Sipperly reported that the Land Use Department received a bond in the amount of $51,980 for the Pickleball project discussed earlier this evening. G. Public Open forum Tyler ? President of the Friends of Pameacha Pond Group, submitted a letter that the commission received. He also made a quick presentation on the objectives of this group to save the pond and repair the dam. H. Minutes - February 7, 2024 regular meeting Motion: To approve the minutes of the February 7, 2024 meeting. Moved by K. McClellan; seconded by K. Rzasa; approved unanimously. Page 5 of 6  I. Communication and Bills 1. Dam Removal Information – Save the sound. This information was sent to the Commission members 2. Friends of Pameacha Pond Letter. This letter was sent to the Commission members. 3. Memo regarding Middlefield Street This email was received April 2, 2024 from Kathy Dwyer and was distributed to Commission members tonight. J. MIWWA regulation amendments J. Sipperly reported that the committee, J. Sipperly, J. Greenberg, K. McClellan and J. Carta met and went through more than half of the sections. A meeting will be scheduled in April to finish the review and then it will go to the commission and the Ordinance Study Committee. K. Adjournment Motion to adjourn at 8:35pm Moved by K. McClellan; seconded by K. Rzasa; approved unanimously Respectively Submitted, James Sipperly, Secretary Department of Land Use Page 6 of 6