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) Kristen Rzasa Nanette Albright Fresher (’27) Staff James Sipperly, Environmental Planner REGULAR MEETING MINUTES Wednesday – July 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 Christine Raczka Joseph Carta Kristen Rzasa Nanette Albright Fresher Fred Terrasi David Pritchard Trevor Davis Jennifer Greenberg Absent: Steven Skultety Brian Gartner Jammie Middleton Public: David Winkle, Mathew Mitchell, Rich Carrela, Dominick DeMartino, Gary Dayharsh, 75 members of the public Staff: James Sipperly, Environmental Planner A. Call to Order 1. Chairman J. Carta called the meeting to order at 7:04pm and led the Pledge of Allegiance. 2. Cease and Desist Order – 350 Randolph Road – Matthew Mitchell The Commission conducted a field trip to the property on June 14, 20214. The minutes of the meeting were read into the record and photos of the site visit taken by J. Carta were reviewed. K. McClellan asked Mr. Mitchell if those pallets he placed in the wetlands were treated with creosote or other chemicals, typically they are. Ken also questioned Mr. Mitchell’s previous statement that the wood chips are for the chickens to eat, chickens don’t eat woodchips. Mr. Mitchell said the pallets were not treated and that the woodchips actually attract bugs that the chickens then eat. J. Carta stated that the wetland area was mowed since the last meeting going against the Cease and Desist order made at the last meeting to only allow the feeding of the animals and that no other activities are permitted. J. Carta also stated that the animals are in a small upland area but getting to it, you placed multiple layers of pallets in the wetlands because they are sinking in the muck and furthermore crossed a brook. Page 1 of 8  Much discussion ensued. J. Greenberg referred to the regulations regarding agricultural uses. K. McClellan stated that a permit is required for activities being conducted and that a soil scientist needs to delineate the wetlands to determine the extent of the activities already conducted. K. Rzasa stated that Mr. Mitchell should do that for his own benefit as well. It is a requirement of everyone that comes before this agency. More discussion ensued. Mr. Mitchell responded that he is looking to hire a soil scientist but it is very expensive and difficult to do. T. Davis stated that everyone knows what is required. T. Davis made a motion: To leave the Cease and Desist in order and that no activities are to be conducted except to feed the animals until we get an application. Seconded by F. Terrasi; approved unanimously. B. Public Hearing 1. Request for the proposed construction of a 50,000 SF Industrial Building with Offices and future addition within the upland review area located at 1189 and 1221 Middle Street. Applicant/Agent: Gary Dayharsh/EriKelAri, LLC, W2024-9. Attorney Rich Carrela represented the applicant and discussed the project in detail. J. Sipperly reported that the public hearing signs were installed and the town of Berlin was notified. Gary Dayharsh explained the existing site conditions and the proposed drainage system and proposed grading. There has been some misunderstandings about what is actually being proposed. Neighbors had expressed concerns that there would be a hazardous waste facility. The owner of Shellco Filters explained what his company does and that the only waste generated is basically card board boxes. Presently there are 50 employees. There will be a couple of trucks a day when the facility is up and running. Ryan Nelson, Certified Soil Scientist, delineated the wetlands on the site and explained the existing conditions. Several letters from concerned neighbors were read into the record by staff. Jessica Lienke 522 Main Street talked about the wildlife and climate change. She also talked about open space. Jennifer Walgren 43 Spruce Brook Road, talked about the Pistol Creek Open Space, wildlife and does not want runoff going into the pond. Cathy Lincoln, Spruce Brook, doesn’t want the wetlands impacted and is glad it is not going to be a waste disposal facility. Tom Drade, 866 Spruce Brook Rd reported that the pond floods over the road and it has to be closed. John Cooper, 273 Mile Lane stated that this commission should listen to these people who live in the area and know the area and what they are concerned about. Page 2 of 8 Peter Smith, 212 Smith Street, is familiar with the area and there was a fire a Dainty Rubbish and recommended the fire department what hazardous materials will be stored there. Gary Dayharsh stated that erosion and sedimentation controls were added to the plans viewed tonight. He stated that no hazardous waste of any kind will be stored or used there. There will be no pollution to the air or water. There will be no blasting. The storm water drainage is designed for a 50 year storm. Rich Carrela stated that the building cannot go further toward the road because of the property lines near the street. Eric Nelson described the storm water design and discussed the wetlands. K. Rzasa asked if comments were received from public works and staff responded no, not yet, but they were sent. C. Raczka asked about the water and oil separators and depth to ground water. E. Nelson responded that the ground water ranges from 4-10 feet on the site. F. Terrasi asked about trucks and loading areas and what the process is making the canisters and filters. N. Albright Fresher asked about the maintenance of the drainage structures and detention basin. G. Dayharsh responded that there is a page that lists that information. K. McClellan asked about E&S controls and anti – tracking pad and sweeping the street of silt. J. Carta asked for a drainage report, soils report. J. Carta also asked about the note on the plans “approximate property line” along the street. J. Carta would like to see a double row of silt fence and straw socks and asked about the infiltration system and volume relating to the size of the detention basin. Motion: To continue the public hearing to August 7, 2024 to get additional information and revised plans. Moved by K. McClellan; seconded by K. Rzasa; approved unanimously. Motion: To have a 10 minute recess @ 8:55pm. Moved by K. McClellan; seconded by K. Rzasa; approved unanimously. J. Carta called the meeting back to order at 9:10pm. C. Old Business 1. 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 J. Carta stated that the application has been on the agenda for a while and subject to several public hearings. The public hearing was closed so there will be no public comment tonight. Motion: That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered application 2024-5 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: Page 3 of 8  1. That the proposed activities are to construct a four story apartment building for 102 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 properly delineated by Mathew Davison, Professional Soil Scientist on May 19, and June 2022. A report prepared by Davison Environmental LLC, dated March 25, 2024, was submitted characterizing the inland wetlands and watercourses delineation and their functions and values. 3. That a hydrologic analysis report dated March 25, 2025 prepared by OCC Group was submitted and reviewed by the City Engineer. Tom Nigosanti, Town Engineer sent a memo dated April 1, 2024 and recommended that the rain garden near Kaplan Drive be moved more south towards Kaplan Drive to keep it out of the 100 year flood plain. He also recommended that an easement along the property line for the construction, maintenance, and use of the multi-use trail will be needed to construct this segment of the trail. (Not relevant to the IWWA) 4. 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 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. (Not relevant to the IWWA) 5. That the site development plans dated March 25, 2024 incorporate the following reductions in development activities from the previously submitted plans: Building Coverage 148 units to 102 units 38% reduction Impervious Coverage 36% reduction 230 parking spaces to 142 parking spaces Upland review area disturbance 83% reduction (2.06 acres to 0.36 acres) Upland review area development 92 % reduction (1.56 acres to 0.13 acres) 6. That there are no proposed direct impacts to the inland wetlands and watercourses on and/or adjacent to the site. 7. Storm water management will be adequate. provided by two independent underground detention systems providing for water quality, peak flow attenuation, groundwater recharge and down gradient sheet flow to the rain gardens. 8. 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 2024-5 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plan entitled: “Site Development Plans, for Proposed Apartment Building, off Kaplan Drive, Middletown, CT, to be developed by D & V Development of Middletown LLC, dated March 25. 2024, 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. All conditions required by Middletown ordinances and IWWA regulations are complied with. 2. That the Town Engineer’s comments dated April 1, 2024 be complied with. Page 4 of 8 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 July 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. 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 Page 5 of 8  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. 18. That the Town Engineer’s comments dated April 1, 2024 be adhered to. Moved by K. McClellan; seconded by T. Davis – discussion ensued. K. McClellan stated that he believes this is a horrible location for an apartment building for many reasons. Looking at the IWWA regulations and taking them into consideration, he cannot find something to not approve this. So he will be voting in favor of this motion. F. Terrasi agreed with Ken and said that the original plans have been revised and changed and they have complied with as to what the agency asked for. T. Davis that he had watched the entire video of the last meeting he did not attend. J. Carta echoed Ken’s remarks. There was a lot of input over these applications and a lot of comments from the public, applicant and agency members were received. Joe will be voting in favor. J. Carta called the vote: All those in favor; J. Carta, K. McClellan, D. Pritchard, F. Terrasi, J. Pieper, T. Davis; All opposed; K. Rzasa, C. Raczka; Any abstentions; N. Albright Fresher, J. Greenberg. Motion passes. 2. 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 approve application W2024-7 with the standard stipulations. Moved by K. McClellan; seconded by D. Pritchard approved unanimously. 3. Request to construct a 603sqft detached in-law apartment within the upland review area located at 42 Freeman Road. Applicant/Agent: Daria & Michael Durinick. W2024-8 Motion: To approve application W2024-8 with the standard stipulations and that they show E&S on the site plan prior to construction. Moved by K. McClellan; seconded by D. Pritchard; approved unanimously. Page 6 of 8 D. New Business None E. Agency Review None F. Reports of Officers and Committees J. Sipperly reported he has been continuing inspecting Big Y, Newfield Street apartments and Wesleyan ball fields. G. Public Open forum D. Winkel 418 Mile Lane asked about the survey and easement for the Red Maple Swamp parcel and staff indicated that the surveyor will start soon, everything is in place. T. Davis left the meeting at 9:40pm. Zoe Heck, 3 Huber Manner, a student and farmer read a statement regarding Lovie’s Farm and the need for a soil scientist. H. Minutes – June 5, 2024 regular meeting Motion: To approve the minutes of the June 5, 2024 meeting. Moved by K. McClellan; seconded by K. Rzasa; discussion ensued. K. Rzasa requested that the minutes reflect that the land use office and staff would work amicably with Mr. Mitchell. Approved unanimously. Minutes of special meeting on June 14, 2024. Motion: To approve the minutes of June 14, 2024 including the attached photos. Moved by K. McClellan; seconded by P. Dyka; approved unanimously with J. Greenberg 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. K. Adjournment Motion to adjourn at 9:45pm pm Moved by D. Pritchard; seconded by C. Raszka; approved unanimously Page 7 of 8 Respectively Submitted, James Sipperly, Secretary Department of Land Use Page 8 of 8