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 – December 4, 2024 Meeting held in person only, Municipal Building, Common Council Chambers 7:00pm A video tape of this meeting was recorded. Present: Joe Carta Paul Dyka Jack Pieper Ken McClellan Nanette Albright Fresher David Pritchard Trevor Davis Fred Terrasi Jennifer Greenberg Absent: Steven Skultety Jammie Middleton Kristen Rzasa Christine Raczka Public: None Staff: None A. Call to Order 1. Chairman J. Carta called the meeting to order at 7:01pm and led the Pledge of Allegiance. A quorum was determined. B. Public Hearing None C. Old Business 1. Proposed new construction of a single family home within the upland review area located at Patterson Drive (Map-Lot: 39-0055) Applicant/Agent: Adrian & Ryan Gajor. W2024-13. Ryan Gajor explained the plan in detail. The health department signed off on the septic system. There were no further questions from the agency members. Staff was asked to read a draft motion into the record for consideration. Draft Motion: IWWA APPPLCATION W 2024-13 Applicant/Agent Adrian & Ryan Gajor Page 1 of 4 That the Inland Wetlands and Watercourses Agency (hereinafter, “Agency”), having considered application 2024-13 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, and well within the upland review area. The proposed septic system is outside the 100’ upland review area. No wetlands will be disturbed. 2. That the inlands wetlands and watercourses on the site were delineated by Eric Davidson, Professional Soil Scientist in August 2024, and shown correctly on the plan referenced below. 3. That the comments from Tom Nigosanti, City Engineer dated December 4, 2024 states the leak off area east of the driveway onto Patterson Drive must remain so that the cu-l de -sac does not pond. 4. 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 2024-13 is granted, with conditions, to allow the following regulated activities as depicted on the submitted plan entitled: “Property of Adrian Michael and Ryan M. Gajor, Subsurface Sewage Disposal System, Lot 3, Assessors Map 39, Lot 55, dated 10/07/24 revised 11/18/24, scale 1”=20’ sheet 1 of 1, prepared by Bascom & Benjamin, LLC” 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 December 4, 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 Page 2 of 4  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 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, shall be submitted to the City of Middletown using a bank check or money order prior to the commencement of construction activities. Moved by K. McClellan; seconded by F. Terrasi; 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. W2024-14 J. Sipperly reported that this is the same site where an application was withdrawn because of Page 3 of 4  time constraints to develop revised plans. Motion: To accept the application and schedule it for a special meeting scheduled for January 15, 2025, due to conflicts with the council chamber use schedule. Moved by K. McClellan; seconded by D. Pritchard; approved unanimously. E. Agency Review None F. Reports of Officers and Committees None G. Public Open Forum None H. Minutes 1. Regular meeting November 6, 2024 J. Carta asked if there are any changes to the minutes. No changes identified. Motion: To approve the minutes of November 6, 2024 as received. Moved by K. McClellan; seconded by d. Pritchard; approved unanimously with J. Greenberg and J. Carta abstaining I. Communication and Bills 1. 2025 IWWA Annual Meeting Calendar Motion: To adopt the 2025 meeting calendar. Moved by D. Pritchard; seconded by F. Terrasi Approved unanimoiusly. J. MIWWA regulation amendments Staff has been working on an Official Wetland Map for the City that will be interactive with the public. This will be reviewed and hopefully approved when the regulation revisions are adopted. J. Sipperly showed it to the Agency members. This will be kept on the agenda. K. Adjournment Motion: To adjourn at 7:30pm Moved by K. McClellan; seconded by N. Albright Fresher; approved unanimously Respectively Submitted, James Sipperly, Secretary Department of Land Use Page 4 of 4