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 SPECIAL MEETING MINUTES Wednesday – August 14, 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 Joseph Carta Nanette Albright Fresher Fred Terrasi David Pritchard Trevor Davis Jennifer Greenberg Absent: Steven Skultety Brian Gartner Jammie Middleton Kristen Rzasa Christine Raczka Public: Mathew Mitchell, Rich Carrela, Gary Dayharsh, Jim Cassidy, Jeff Harvey and wife, Mike Cannata and 25 members of the public Staff: James Sipperly, Environmental Planner, Marek Kozikowski, Director of Land Use Dept. A. Call to Order 1. Chairman J. Carta called the meeting to order at 7:10pm and led the Pledge of Allegiance. Vice-Chairman K. McClellan is on his way. The agenda was modified to accommodate the public. Motion: To move item New Business to this part of the agenda and then to go to Public Open Forum. Moved by T. Davis; seconded by Fred Terrasi; approved unanimously. D. New Business 1. Proposed park improvements which include a walking trail, larger parking lot and sidewalks, and relocation of a portion of Thomas Street within 100 feet of Butternut hollow Pond located at 297 Butternut Street. Applicant/Agent Howard Weissberg/City of Middletown. W2024-11 J. Sipperly described the project generally and a full presentation will be made by Public Works at the next meeting. Motion: To accept the application and table it until September 4, 2024. Moved by T. Davis; seconded by J. Greenberg; approved unanimously. 2. Proposed construction of a single family home within the upland review area located at Mile Lane Map – Lot 10-0156. Applicant /Agent: James Cassidy/Hallisey, Pearson & Cassidy, Engineering Associates, Inc. W2024-11 Page 1 of 4 James Cassidy, PE. Described the project in detail. There will be wetland crossings and temporary disturbances to the wetlands. Motion: To accept the application and set a Public Hearing for September 4, 2024. Moved by T. Davis; F. Terrasi; approved unanimously. G. Public Open Forum Jeff Harvey whose family farmed areas off Randolph Road for years spoke about the flooding that exists in the area. A lot of development has occurred above this area and drains a portion of Route 9 as well. The CT DOT installed culverts around 1936 to alleviate the flooding. J. Harvey recommended having someone look at the culverts to determine their condition. Diana Martinez, Prospect Street asked to lift the Cease and Desist Order issued to Matt Mitchell and discussed the wetland situation today. K. McClellan arrived at 7:25pm. Motion: To combine items 2A and 2B. Moved by T. Davis, seconded by K. McClellan; approved unanimously. 2A. Cease and Desist Order – 350 Randolph Road – Matthew Mitchell 2B. Jurisdictional Ruling Request. 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. Matthew Mitchell reported that his attorney will not be present tonight. Mr. Mitchell read a letter from his Attorney Janet Brooks into the record. J. Greenberg discussed the Cease and Desist and discussed the placement of woodchips and pallets in the wetlands and the moving of the watercourse. K. McClellan stated that what was done in 1936 is irrelevant. A lot of things has changed from then. Trying to restore things to their original condition may not be possible. T. Davis is said he was concerned with pesticides and preservatives leaching into the water. Particle Board is treated with chemicals. Marek Kozikowski uploaded a video for the Commission and public to see. The video was from Mr. Mitchell’s Facebook page. The video shows work that appears to be a redirecting of the brook with continual flow as the caption states. K. McClellan stated that it appears that they were trying to contain the stream and he considers the pallets place in the wetlands as road building. F. Terrasi doesn’t agree with K. McClellan’s opinion. F. Terrasi knows the area very well. The pallets were placed in the wetlands and he saw that they were blocking flow. F. Terrasi referenced Section 6.1A and Section 6.2 of the IWWA regulations. J. Carta and T. Davis agreed with F. Terrasi. Mr. Sipperly read a draft letter regarding Mr. Mitchell’s request for a jurisdictional ruling in his farming operations. Page 2 of 4 Discussion ensued. Motion: To continue the Cease and Desist Order, however allowing Mr. Mitchell to continue his farming activities until such time a permit is submitted for the activities conducted. Moved by T. Davis; seconded by J. Carta; much discussion ensued. Motion: To withdraw my motion. Moved by T. Davis; J. Carta withdrew his seconded. Motion: That the raising of chickens, goats, bees and growing vegetables are considered farming activities as of right. Moved by K. McClellan; seconded by F. Terrasi; approved unanimously. Motion: That the wood chips were used for bedding and not fill and will not be used for anything else but bedding and that the placement of the pallets are considered road building for the farm. Moved by K. McClellan; seconded by J. Greenberg; discussion ensued. T. Davis stated that the placement of the pallets in the wetlands is not road building. J. Carta agreed as well as F. Terrasi. Vote: All those in favor, K. McClellan, J. Greenberg; opposed T. Davis, J. Carta, F. Terrasi, Paul Dyka, N. Albright Fresher. Motion Fails. Motion: That the woodchips are for bedding and can be continued to be used as such. Moved by K. McClellan; seconded by T. Davis; approved unanimously. Motion: That the placement of the pallets in the wetlands constitutes a regulated activity and a permit is required. Moved by F. Terrasi; seconded by T. Davis. Vote: all in favor, T. Davis, J. Carta, F. Terrasi, P. Dyka, N. Albright Fresher. Opposed K. McClellan, J. Greenberg; Motion is approved. T. Davis left the meeting at 9:43pm and returned at 9:47. Motion: That the video shows a berm created to keep the stream in its banks and is not a diversion of the stream. Moved by K. McClellan; seconded by J. Carta. Discussion. J. Carat thinks that K. McClellan is wrong and that there was a diversion. J. Greenberg concurred that a new channel was created that is clearly seen on the video. Vote: all in favor K. McClellan, opposed J. Carta, F. Terrasi, P. Dyka, J. Greenberg, N. Albright Fresher, abstaining T. Davis. Motion fails. Motion: That there was a stream diversion and that constitutes a regulated activity. Moved by F. Terrasi; seconded by J. Carta; vote : all in favor, J. Carta, F. Terrasi, P. Dyka, J. Greenberg, N. Albright Fresher, opposed K. McClellan, T. Davis, Motion is approved. The draft letter read into the record by J. Sipperly was reviewed. Motion: To issue the letter to Mr. Mitchell changing the wording on item 11A to read: “That the placement of wooden pallets through a wetland and the crossing of a watercourse with continual constitutes a regulated activity in the wetlands”. Moved by K. McClellan; seconded by F. Terrasi; approved unanimously. Motion: To continue the Cease and Desist Order with the modification that the wood chips can be removed and be used as their intended use as bedding. Moved by K. McClellan; seconded by F. Terrasi; vote all in favor with J. Greenberg voting no. Motion passes 6:1 Page 3 of 4  Motion: To have a recess at 9:55pm. Moved by K. McClellan; seconded by T. Davis approved unanimously. Chairman J. Carta called the meeting back to order at 10:00pm 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. G. Dayharsh went over the changes to the plans. The engineer explained the drainage system and detention pond. M. Kozikowski asked about the phasing of the two buildings. Motion: To close the Public Hearing. Moved by K. McClellan; seconded by F. Terrasi; approved unanimously. Motion: To approve application W2024-9 with the list of standard stipulations and that a bond be posted for the Erosion and Sedimentation Controls; seconded by F. Terrasi; approved unanimously. E. Agency Review None F. Reports of Officers and Committees None H. Minutes – July 3, 2024 regular meeting Motion: To approve the minutes of the July 3, 2024 meeting. Moved by T. Davis; seconded by N. Albright Fresher; Approved unanimously with F. Terrasi and P. Dyka 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. K. Adjournment Motion to adjourn at 10;19pm Moved by K. Mcclellan; seconded by F. terrasi; approved unanimously Respectively Submitted, James Sipperly, Secretary Department of Land Use Page 4 of 4