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 – May 1, 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 Kristen Rzasa Nanette Albright Fresher Fred Terrasi Absent: Steven Skultety Brian Gartner Jammie Middleton Kristen Raczka Public: Lennie Leibenhaut, Rich Reynolds, Henry Thomas, David Winkle, Mathew Waterman, 14 members of the public Staff: James Sipperly, Environmental Planner A. Call to Order 1. Chairman J. Carta called the meeting to order at 7:03pm and led the Pledge of Allegiance. 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 again until the June 5, 2024 meeting. Motion: To table item B1 and continue the Public Hearing on June 5, 2024. Moved by K.McClellan; seconded by K. Rzasa, approved unanimously. 2. 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, presented the application modifications in detail. H. Thomas also briefly discussed the original proposal that was approved. The larger detention pond will provide more Page 1 of 6 habitat and provide more diversity for native plantings and wildlife habitat. The two southern small isolated wetlands will be filled. The need for additional parking is for the addition of a restaurant which is now typical for this type of facility. There will 12 courts in the building and 8 courts outside. There will be 72 additional spaces. .06 acres of wetlands will be filled. H. Thomas discussed the drainage. J. Carta read Soil Scientist David Lord’s letter dated April 23, 2024 into the record. No members of the public wished to speak. K. Rzasa asked about parking in the rear of the building. J. Carta asked about the catch basins and R. Reynolds PE, responded that the catch basins have deeper sumps and they have hooded structures to trap pollutants. J. Carta asked about the underground storage towards the street and r. Reynolds said that that was eliminated and re-directed to the basin and less water will be leaving the basin than originally designed. H. Thomas stated that the construction will be the same as previously approved. The dumpster location was discussed and that location will be curbed. N. Albright Fresher asked about salting the parking lot and water source for fire protection. Motion: To close the Public Hearing. Moved by K. Rzasa; seconded by J. Pieper; approved unanimously. C. Old Business 1. 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 at the previous meeting, M. Waterman explained the project in detail and referred to a report prepared by Soil Scientist Ian Cole. J. Sipperly recapped the overall project and M. Waterman is present to answer any additional questions. K. Rzasa asked if there was something that could be done upstream to capture the silt. J. Sipperly responded that this watercourse receives storm water from Aircraft Road and due to the topography and nature of the brook and noting can be done and the siltation takes about 20 years to happen. Motion: Draft Motion: IWWA APPPLCATION W 2024-6 Applicant/Agent Matthew Waterman That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered application 2024-6 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 construction activities to dredge an existing silted in pond is necessary to maintain open water conditions for wildlife and migratory birds. Page 2 of 6  2. That the area to be dredged is approximately 0.10 acre in size and the material will be removed from the pond and deposited and spread in an adjacent meadow once the material dries out. 3. That the proposed work shall be done during a dry time of year and verified by the Environmental Planner. Said work shall be completed in one day. 4. That there will be no increase in the physical foot print of the pond. 5. That no machinery will be driven into the pond or stream channel. All work will be completed from the dry shoreline. 6. That upon final grading, all exposed soils shall be seeded with a New England Roadside wetland seed mix, similar to existing vegetation along the edges of Freeman Road. 7. 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 2024-6 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plan entitled: “Pond Restoration Proposal, 208 Freeman Road, Middletown, CT, dated 2/26/2024, sketch not to scale, prepared by Matthew Waterman” 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 1, 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 Page 3 of 6  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 remove 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. Moved by K. McClellan; seconded by T. Davis; approved unanimously 2. 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 J. Sipperly stated that since the Public Hearing is closed and all of the Agency member’s questions have been answered the Agency could vote on this tonight. Discussion ensued. Motion: To move approval of the modification of application 2023-07 with the original list of stipulations and conditions including that the dumpster area be fully enclosed and curbed and that staff continues to monitor the current work and proposed future work. Moved by K. McClellan; seconded by Page 4 of 6 K. Rzasa. K. McClellan stated that he is voting in favor of this because the 2 isolated wetland areas do not provide any functions and that the increase water into the detention basin will provide better wildlife habitat. J. Carta asked about direct sheet flow from the parking water into the pond. R. Reynolds responded that there is a rip rap level spreader before the detention pond to collect contaminants. Furthermore he added that the catch basins all have deep sumps and hoods to also aid the trapping of floatables. R. Reynolds stated that they can add one more hood on the catch basin in the newer parking area. The mover and seconded concurred with this friendly amendment. F. Terrasi asked about the swale along the highway. R. Reynolds stated that this will not be affected by this plan and it only handles water from the highway. Approved unanimously. 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 This item is scheduled for a Public Hearing to be held on June 5, 2024. D. New Business None E. Agency Review None F. Reports of Officers and Committees J. Sipperly reported he has been inspecting Big Y, Newfield Street apartments and Wesleyan ball fields. J. Sipperly also reported on the pallets off Randolph Road in a wetland. A notice of violation will be sent certified mail and requesting the owner to appear at the next meeting. G. Public Open forum David Hinckle 418 mile Lane asked about the Red Maple Swamp. J. Sipperly said that the property is being surveyed and as map will be prepared. D. Winkle also asked about the drainage report for Kaplan Drive. H. Minutes - February 7, 2024 regular meeting Motion: To approve the minutes of the April 3, 2024 meeting. Moved by K. McClellan; seconded by K. Rzasa Discussion, remove the s in Dayharsh, second paragraph from the bottom of page 1, it is and not an, page 5 Tyler Eckstrom, 20 Lakeside Avenue. Page 5 of 6  Approved unaimously I. Communication and Bills None J. MIWWA regulation amendments J. Sipperly reported that the committee, J. Sipperly, J. Greenberg, K. McClellan met and reviewed more sections. One more meeting will be needed to finish the review and then it will go to the commission and the Ordinance Study Committee for review. J. Sipperly mentioned that M. Kozikowski is working on a wetland map using the USDA soil Survey criteria and state statutes. A suggestion of the committee. K. Adjournment Motion to adjourn at 8:25 pm Moved by K. McClellan; seconded by F. Terrasi; approved unanimously Respectively Submitted, James Sipperly, Secretary Department of Land Use Page 6 of 6