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 – June 5, 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 Christine Raczka Joseph Carta Kristen Rzasa Nanette Albright Fresher Fred Terrasi David Pritchard Absent: Steven Skultety Brian Gartner Jammie Middleton Jennifer Greenberg Trevor Davis Public: David Winkle, Mathew Mitchell, Dominick DeMartino, Dave Carson, George Cotter, Ian Cole, Matt Davison, Dennis Cenevava, Rich Carrela, 100 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. Chairman Carta would like to amend the agenda. Motion: To add under New Business #3 Gary Dayharsh/ErikelAri, LLC, 1189 Middle Street, W2024-9, and to move New Business items to the beginning of the agenda. Moved by K. McClellan; seconded by D. Pritchard; approved unanimously D. New Business 1. Request to place a 10 ft. by 12’ shed within the upland review area located at 58 Pond Place, Applicant/Agent: Albert & Rose McPherson, W2024-7 Motion: To accept the application and schedule it for action on July 3, 2024. Moved by K. McClellan; seconded by F. Terrasi; approved unanimously 2. Request to construct a 603sqft detached in-law apartment within the upland review area located at 42 Freeman Road. Applicant/Agent: Daria & Michael Durinick. WE2024-8 Page 1 of 5  Motion: To accept the application and schedule it for action at the July 3, 2024 meeting. Moved by K. McClellan; seconded by N. Albright Fresher; approved unanimously 3. Request to construct a new proposed 50,000sqft building, Applicant/Agent: Gary Dayharsh/ErikelAri, LLC, 1189 Middle Street, W2024-9, Attorney Rich Carrela represented the applicant. This is the same applicant for application W2024-2 but at a different location on Middle Street. Motion: To accept the application and due to the public interest to schedule a Public Hearing for July 3, 2024. Moved by K. McClellan; seconded by N. Albright Fresher; approved unanimously. 2. Cease and Desist Order – Randolph Road (map-lot: 43-0312) Matthew Mitchell J. Carta asked J. Sipperly to read the Cease and Desist Order into the record, which he did. J. Carta explained the regulations and what is required to resolve this enforcement action. M. Mitchell explained his version of what transpired. M. Mitchell claims there are no wetlands on his property because of the GIS maps. J. Carta reported that those GIS maps are general in nature and that a Certified Soil Scientist needs to map the wetlands and watercourses on the property. Much discussion ensued. Representatives of the farm also spoke to the Cease and Desist being removed. Much more discussion ensued. J. Sipperly recommended a field trip to view the property to see the wetlands/watercourses disturbance. Motion: To set a field trip for June 14, 2024 at 6:00pm to view the property. Moved by K. Rzasa; seconded by K. McClellan; approved unanimously. Motion: To continue the Cease and Desist Order and the only work to be done on the property is to feed the animals. Moved by K. McClellan; seconded by K. Rzasa; approved unanimously. 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. W2024-2 J. Sipperly reported that the applicant and representatives are not present yet again tonight, therefore he recommends to deny the application without prejudice. J. Carta stated that this item will be denied, therefore no one really needs to speak in less they really want to. No one spoke from the public. Motion: To close the Public Hearing. Moved by D. Pritchard; seconded by K. Rzasa; approved unanimously. Motion: To deny without prejudice application W2024-2. Moved by K. McClellan; seconded by F. Terrasi; approved unanimously. Page 2 of 5 2. 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 Ceneva represented the applicant. This is a new application with new plans and additional information. Dave Carson, PE, described the new plans in detail. George Cotter PE, went over the drainage calculations and storm drainage design in detail. The new plans are based on previous comments from the commission and the public. The plans meet the new stormwater manual changes adopted March 31, 2024. There is a hydrodynamic separator, underground detention, a level spreader and 3 rain gardens. P. Dyka asked about maintenance of the structures which G. Cotter replied. K. Rzasa asked about a wetlands discrepancy, Ian Cole, Soil Scientist answered that there is no discrepancy and explained the wetland areas in detail. D. Winkel 418 Mile Lane discussed the drainage system and footing drains. Karen Brennan 261 Mile Lane talked about flooding in December. Bob Ranno 992 Ridgewood Road wants to know what it will look like in 7-10 years. Paul Turren 565 Newfield Street read a letter from his daughter Sophie, not to build there. Lauren Rochette 332 Mile Lane submitted photos of flooding. Peter Winewski Birchwood Lane, is a construction manager and explained that the water has to go somewhere and will create more flooding. D. Bottti, Newfield Street farmer, said the soils in this area are all clay and all the houses that were built have made it worse. Everything is wet longer. Kathleen Kennedy, Castanea Court, stated that mile Lane really floods and Kaplan Drive has eroded and collapsed two times. Dino Denatano, Mile Lane talked about silt in Kaplan Drive from flooding. Motion: To take a 10 minute recess at 9:25pm. Moved by K. McClellan; seconded by K. Rzasa; approved unanimously. J. Carta called the meeting back to order at 9:35pm. Scott Lamb, live a couple streets back and is experiencing flooding from the high school. D. Winkel, asked about soil conditions and if the soils were tested where the underground storage will be going. Resident at 216 Mile Lane cannot cut his grass and his insurance went up 14% due to the wetness there. Page 3 of 5 The applicant’s team responded to the questions from the public. J. Sipperly read Tom Nigosanti’s, PE memo into the record. J. Carta asked about questions from the Supplemental Data report. J. Carta asked about the subsurface storage areas. K. McClellan asked about the erosion and sedimentation control plans. Motion: To close the Public Hearing. Moved by K. McClellan; seconded by D. Pritchard; approved unanimously. K. McClellan stated he is conflicted about this application. J. Sipperly stated that he will prepare a draft motion for consideration at the next meeting. Motion: To table this application until the next meeting held on July 3, 2024. Moved by K. McClellan; seconded by K. Rzasa; approved unanimously. C. Old Business 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. G. Public Open forum Larry Winkler 65 Peppercorn Lane had questions about detention basin maintenance around Cranberry Lane. H. Minutes – May 1, 2024 regular meeting Motion: To approve the minutes of the May 1, 2024 meeting. Moved by K. McClellan; seconded by K. Rzasa; approved unanimously with D. Pritchard and N. Albright Fisher abstaining 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 Page 4 of 5 Motion to adjourn at 11:15 pm Moved by K. McClellan; seconded by F. Terrasi; approved unanimously Respectively Submitted, James Sipperly, Secretary Department of Land Use Page 5 of 5