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 – September 4, 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 Pieper 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: Gary Dayharsh, Jim Cassidy, David Winkel, Mike Cannata, Howard Weissberg and 5 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. K. McClellan would like to amend the agenda to accommodate the Acting Public Works Director who has another meeting tonight. Motion: To amend the agenda and move item C1 to this portion of the meeting. Moved by K. McClellan; seconded by J. Pieper; approved unanimously. C. Old 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. W2024-10 Howard Weissberg, Acting Public Works Director presented the plans in detail. 1160’ of trails will be installed around the pond. The parking lot will be realigned and Thomas Street will be shifted slightly. The catch basins will have hooded basins and deeper sumps. J. Sipperly asked the timing of the project and H. Weissberg responded he would like to start Page 1 of 4  the project this fall. D. Pritchard asked about trees to be removed on the west side of the pond. K. McClellan asked about the Erosion and Sedimentation controls. J. Carta commented on the storm water drainage going into the pond and asked about measures to collect pollutants from the parking area. Tata and Howard did a dam study and vegetation and some of the side walls will be repaired as Recommended by the report. Motion: To table this for action at the October 2, 2024 meeting. Moved by K. McClellan; seconded by D. Pritchard; approved unanimously. B. Public Hearing 1. 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 Jim Cassidy presented the site plan in detail. The parcel is a vacant wooded lot that was previously approved in 2006, application # 2006-03. There will be two crossings and utilities will be brought down the drive. Matt Davidson delineated the wetlands in June and is very similar to the original delineation performed by Ed Pawlak. J. Cassidy stated they are looking for re-approval and the site will be served by public sewer and water. There will be 672sqft of disturbance for the first crossing and 320sqft of disturbance for the second crossing. The entire site is within the 100’ upland review area. J Cassidy has addressed all the comments from Tom Nigosanti, City Engineer. D. Winkel, 418 Mile Lane had questions regarding flood plain elevations, about Erosion and Sedimentation controls and the accuracy of the wetland delineation. Emily Grash, 287 Mile Lane read a letter regarding impacts to wildlife and the environment. J. Cassidy addressed the public’s concerns. The previous approval had two stipulations, that only organic fertilizers be used and that the e & s controls be installed and inspected prior to construction activities. P. Dyka asked if the wetland bands connect with each other in the back of the property and J. Cassidy responded that yes they do connect. N. Albright Fresher asked about salt getting into the wetlands. George Scritola lives across the street and asked about how many trees will be cut and about adding a street light pole. J. Cassidy responded that there is 452 feet of frontage on Mile Lane and only a 15’ wide clearing will be down for the 12’ driveway. No light pole will be added and that the electric service will come off an existing pole. Page 2 of 4  J. Carta asked about the soil stockpiles, elevations of the driveway crossings, fish habitat where the crossings will occur and silt fence and adding hay bales where the crossings will be done. Motion: To close the Public Hearing. Moved by K. McClellan; seconded by J. Greenberg; approved unanimously. J. Greenberg asked about a NDDB study, staff said there was not a request done. Motion: to table this for action at the meeting on October 2, 2024. Moved by K. McClellan; seconded by D. Pritchard; approved unanimously. D. New Business 1. Proposed new 70,000 SF office and warehouse located at Middle Street (Map Lot, 01-0075) Applicant/Agent: Gary Dayharsh/EriKelAri, LLC. W2024-12 Gary Dayharsh gave a brief overview of the project. Some wetlands will be disturbed as a result of the grading plan. Motion: To accept the application and declare it a significant activity and schedule a Public Hearing for October 2, 2024. Moved by T. Davis; seconded by K. McClellan; approved unanimously E. Agency Review None F. Reports of Officers and Committees None H. Minutes – August 14, 2024 special meeting Not all the commission members could access the minutes. Motion: To table the minutes to the next meeting on October 2, 2024. Moved by K. McClellan; seconded by D. Pritchard; approved unanimously. I. Communication and Bills J. Sipperly reported that 2 letters were sent to Mr. Mitchell. K. McClellan referenced two articles in the Middletown Press regarding Lovie’s Farm. 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 8:25pm Moved by T. Davis; seconded by K. McClellan; approved unanimously Page 3 of 4 Respectively Submitted, James Sipperly, Secretary Department of Land Use Page 4 of 4