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 – October 2, 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 Absent: Steven Skultety Brian Gartner Jammie Middleton Kristen Rzasa Christine Raczka Jennifer Greenberg Public: Jim Cassidy, David Winkel, Mike Cannata, 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. K. McClellan would like to add the August 14, 2024 minutes to the agenda under H. 2. Motion: To add the August 14, 2024 under item H.2. Moved by K. McClellan; seconded by D. Pritchard; approved unanimously. B. Public Hearing 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 J. Sipperly read a letter from Nina Fazio, R Levesque Associates, dated September 30, 2024, on behalf of Gary Dayharsh to continue the Public Hearing until November 6, 2024 when site plan revisions should be completed. Motion: To table this application until November 6, 2024 to continue the Public Hearing. Moved by K. McClellan; seconded by F. Terrasi; approved unanimously. Page 1 of 7 C. Old Business 1. Proposed construction of a single family home within the upland review area located at Middle Street (map-lot: 10-0156) Applicant/Agent: James Cassidy/Hallisey, Pearson & Cassidy, Engineering Associates, Inc. W2024-11 J. Sipperly stated that the applicant has answered the commission’s concerns as well as the city Engineer’s comments and the Public Hearing was closed. A draft motion was sent to Commission members for consideration. Staff was asked to read the draft motion into the record. IWWA APPPLCATION W 2024-11 Applicant/Agent James Cassidy/Hallisey, Pearson & Cassidy Eng. Assoc. Inc. Draft Motion: That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered application 2024-11 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 activities are to construct a single family dwelling, driveway grading within the upland review area. 2. That a similar application 2006-03 was approved by this Agency in 2006 but construction activities were never commenced. 3. That the inlands wetlands and watercourses on the site were delineated by Matt Davidson, Professional Soil Scientist on 6/01/24 and 6/24/2, and shown correctly on the plan referenced below. 4. That the comments from Tom Nigosanti, City Engineer dated September 5, 2024 have been addressed by the applicant. 5. That a wetland report dated July 9, 2024 from Matt Davidson was received on July 26, 2024. 6. That a request for review of the NDDB was sent to the CT DEEP wildlife division but a response has not been received. 7. That the site will be served by city water and city sewer. 8. That there are two proposed driveway crossings. The first will have 672sqft of disturbance and the second 320sqft of disturbance. The entire site is within the 100’ upland review area. 9. 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 2024-11 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plan entitled: “Property/Topographic Survey, showing existing conditions prepared for The Cannata Construction Company, Mile Lane (Map-Lot: 10-0156) Lot 4 Mile Lane, Middletown, CT, Scale 1”=40’, dated July 25, 2024, revised September 3, 2024, prepared by Hallisey, Pearson and Cassidy, Civil Engineers and Land Surveyors” This Permit is issued by the Agency subject to the following conditions and/or modifications as follows: Page 2 of 7 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 October 2, 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. Page 3 of 7  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 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 any comments received from the CT DEEP regarding the NDDB review shall be incorporated herein by reference and adhered to. 18. That a bond calculated by the Town Engineer covering the erosion and sedimentation control measure costs shall be submitted to the City of Middletown using a bank check or money order prior to the commencement of construction activities. Moved by D. Pritchard; seconded by T. Davis. Discussion ensued. T. Davis feels that there are too much wetlands on the site and that all of the lot is within the 100’ upland review area. N. Albright Thresher doesn’t like the fact that there has been no response from CT DEEP regarding the NDDB request. Vote was called: Approved with a vote of 6-2, with T. Davis and N. Albright Thresher voting no. 2. 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 Mr. Sipperly stated that all the Commission’s questions were answered at the last meeting by Acting Public Works Director, Howard Weissberg. Staff was asked to read a draft motion into the record. 1.000000000000000000000 IWWA APPLICATION W 2024-10 Applicant/Agent Howard Weissberg/City of Middletown Draft Motion: That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered application 2024-10 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 activities are to make park improvements which include a walking trail, a larger parking area with improved drainage and sidewalks, and relocation of a portion of Thomas Street. Page 4 of 7  2. 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 2024-10 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plan entitled: “Butternut Pond Improvements, scale 1”=50’, date received July 16, 2024, prepared by Tom Nigosanti, City Engineer” 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 October 2, 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. Page 5 of 7  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 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. Moved by T. Davis; seconded by K. McClellan; approved unaimously D. New Business None E. Agency Review None F. Reports of Officers and Committees None H. Minutes 1. Regular meeting of September 4, 2024 Motion: To approve the minutes of September 4, 2024 as received; moved by K. McClellan; seconded by D. Pritchard; approved unanimously 2. Special meeting of August 14, 2024 Motion: To approve the minutes of August 14, 2024; moved by K. McClellan; seconded by F. Terrasi; approved unanimously I. Communication and Bills None J. MIWWA regulation amendments Page 6 of 7  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 8:15pm Moved by T. Davis; seconded by K. McClellan; approved unanimously Respectively Submitted, James Sipperly, Secretary Department of Land Use Page 7 of 7