Wetlands Agency To Discuss FedEx Proposal Wed Night

Reminder: FedEx's proposal to build a facility on the former Aetna property in Westfield is on the agenda for tonight's Inland Wetlands & Watercourses Agency meeting. The meeting is scheduled for 7pm in the city council chambers.

An 'open public forum' is also part of the meeting. A previous community meeting with the Westfield Residents Association was cancelled by FedEx. The public will be able to comment during the P&Z process as well, assuming the project progresses that far.

Inland Wetlands To Consider Applications From South Cove Residential And From Pratt & Whitney Tonight

From the notice of Public Hearing:

The Inland Wetlands and Watercourses Agency of Middletown, Connecticut has scheduled a

public hearing on Wednesday, May 6, 2015 at 7:00 p.m. in the Council Chambers of the

Municipal Building, 245 DeKoven Drive, Middletown, Connecticut for the following items:

1. Proposed excavation of contaminated wetland soils & soil surrounding the wetlands, placement of contaminated soil beneath an engineered control cap & restoration of the disturbed wetlands located at One Aircraft Road. Applicant/agent United Technologies Corporation/Pratt & Whitney Division 15-03
2. Proposed residential development of eight (8) buildings and seven (7) garages with associated infrastructure within 100 foot upland review area located at 225 River Road & 35 Eastern Drive known as the South Cove Residential Development. Applicant/agent Old Turkey Hill, LLC/Martin Smith 15-05

Possible Wetlands, Floodplain Encroachment On Newfield

The City served a Cease and Desist order on the owner of the Newfield Street Citgo station last week, after a nearby property owner noticed large numbers of dump trucks putting dirt into a low-lying area. Bruce E. Driska, the city's Zoning & Wetlands Enforcement Officer, and Matt Dodge, the city's environmental planner, determined that the land being filled was floodplain.

The owner of the property, Mohammed ("Sunny") Sohail, told The Eye that he plans to build a small shopping plaza, with two retail stores. He said the city told him that before he could do that, he needed a land survey and a report from a soil scientist, he said, "Basically more paperwork."

Middletown's zoning code mandates that any development within a floodplain requires a Floodplain Development Permit, the cease and desist order mandates that no further work be done on the site until this is obtained. Dodge told The Eye that if the soil scientist determines that there is wetlands-type soil, Sohail would need a permit from Inland Wetlands. If he does not receive a permit, he would be required to either restore the land already filled in, or mitigate by improving wetlands elsewhere.

Habitat For Humanity Application Withdrawn

The Hartford Courant reports that the controversial proposal to build two houses on 8 acres near the 361 house Riverbend subdivision was withdrawn for technical reasons, and will be resubmitted later.

Riverbend Residents Riled By Habitat For Humanity

The public hearing over a proposal to build two homes in Westfield will continue tomorrow evening at the monthly Inland Wetlands Agency meeting. The proposal is by Habitat for Humanity, which owns the land. Habitat for Humanity is a Christian ministry whose volunteers build houses that are offered to qualified low-income families for purchase. The neighboring homeowners have expressed outrage over the proposed two houses.

Much Ado About 32-Lot Subdivision at Conservation Meeting

The regular monthly meeting of the Conservation Commission earlier this evening was a full house with a record number of residents, nearly two dozen, turning out to hear a presentation, ask questions, and voice concerns

about a proposed 32-lot subdivision off of South Main Street named "Majestic Oak Estates." The land owner, Attorney Ralph Wilson, presented to the Conservation Commission a modified plan that was approved by the Inland Wetlands and Watercourses Agency (IW/W) at its meeting of September 7, 2011 and is scheduled to be presented to the Planning and Zoning Commission (P&Z) on this Wednesday, January 25th.

Small Farm On Atkins Street To Be Subdivided

The Inland Wetlands Commission approved the creation of two new building lots at 643 Atkins Street. The lot currently contains a designated historic house, an 18th century, center chimney, raised colonial. Driveways to two new lots came within the 100' "uplands review" area, and so the applicant submitted a permit for Wetlands approval. Frank Mazzotta, engineer, showed the plans to the Commission.

Following the advice of Matt Dodge, the Commission voted unanimously that the driveway encroachment was so minimal that no wetlands permit would be required.


A complaint from Dora Drive
Joe Carta, Chair of the Commission, read a letter of complaint sent by Michael Greenwood to the Wetlands Commission, the Zoning Enforcement Officer, and the Mayor. Greenwood alleges that extensive wetlands violations are occurring at 50 Highland Avenue. He cited the storage of waste 50-gallon oil drums and other construction debris, excavation, and the operation of ATVs, expressing concern about the properties on Dora Drive, the safety of the neighborhood children, and the possible environmental affects on wetlands and water courses.

The Commission agreed to ask the City's Enforcement Officer, Bruce Driska, to look into the situation.

Inland Wetlands Grants Approvals

The Inland Wetlands and Watercourses Agency considered six applications at their meeting last night, approving most.

Two of them were from the City Public Works Department, who failed to send a representative to the meeting. The first was an application for ongoing approval of minor maintenance work within wetlands and wetlands review areas. Public Works has, for the past several years, simply notified Planning Department staff of any such work, and after consultation with Joe Carta, chair of Inland Wetlands, staff has provided approval. The Agency approved a 3 year extension of this arrangement.

The second Public Works application was for drainage work on Sawmill Road and Bell Street, in Westfield. Agency members felt they could not consider this proposal without anyone from Public Works present to answer questions, and they continued the application until the May meeting.

The Agency considered a 6 lot subdivision with city water and on-site septic systems, to be located on Coleman and Maple Shade Roads. They voted to allow the subdivision, with the provision that when a site plan was developed for the one lot within the wetlands review area, this site plan would require an Inland Wetlands permit.

JR Marino, of American Contractors, spoke to the Agency asking for an expansion of a previously approved turnaround lane connecting two parking lots at the Hindu Temple at 11 Training Hill Road. After speaking with the Board of Directors of the Temple, Marino said he advised them that instead of 11', the turnaround should be 20' wide. The Agency, which had previously expressed concern about the 11' turnaround, approved the expansion of the turnaround to 20'.

John Rogalsky's application to alter a previously approved application for a one-lot subdivision on Congdon Street West was also approved. Rogalsky proposed changing the route of the septic line, upon the suggestion of the Water and Sewer Department.

The Agency also approved a 5 year extension of a previously approved application for construction of a new house on Mile Lane. This has not been uncommon at Inland Wetlands and at Planning and Zoning. Developers are delaying construction because of the state of the economy.

Inland Wetlands Commissioners Scrutinize Ken Dooley Drive Project

From Arline Rich.
-----------------
Last night the Inland Wetlands Agency considered two applications.

An application for construction of four wetlands (watercourse) crossings for four single-family residential driveways and related grading within 100' of wetland located at Chamberlain Hill Road and East Mount Road was unanimously approved.

An application for construction of a 7,100 s.f. office building, a 8,400 s.f . maintenance building, bituminous concrete access drive storm drain system, undergound utilities, site grading and gravel surfaced modular storage area to be located at Kenneth Dooley Drive, generated numerous questions from agency members, including indepth questions by Robert Whitney, who served on Inland Wetlands when the original application for this propery was approved years ago.

The applicant has met with officials of the Army Reserve which uses other parts of this land for mitigation purposes. And the Army Reserve finds no fault with what the applicant proposes to do.

Two things troubled agency members. One, because of the snow storms, agency members have not had time to walk the property. For that reason, the Public Hearing was not closed, and, to accommodate the applicant, who wants the application on the April 13th P & Z agenda, a special I-W Public Hearing was scheduled for March 16th at a location in City Hall to be announced. In the mean time agency members, guided by an applicant's member, will walk the property.
The second concern is that a small pond on the property will not be filled in on this application. The applicant plans to come back to I-W at a future time with another application to do that. The reason left some agency member dubious.

Two New Members On Inland Wetlands Agency

Robert Whitney told me that he attended a meeting of Inland Wetlands in November and commented to Carta that the Agency seemed to have a large number of vacancies. These vacancies have been longstanding, but after Whitney's remarks, Carta consulted with Mayor Giuliano, and the result was two new appointments. At the first meeting of 2011, last night, Whitney and Daniel Pelletier began two year terms as Agency members.

Effective service on Inland Wetlands requires significant knowledge of the State laws regarding wetlands protection, as well as the ability to apply those laws fairly and in a legally justifiable manner to the inevitable idiosyncrasies of Middletown land use and water flow. It is not a glamorous job, but it is an important service to the community.

Whitney has extensive experience, having previously served on the Wetlands Agency for many years. In fact, three of the applications on last night's docket were modifications or extensions of applications Whitney had seen during his previous service.

The agency approved the construction of a house, driveway, and septic system for a new lot on Wilcox Road. These will all be within the 100 foot upland review area, but the Agency felt that they would not adversely impact the wetlands.

The agency also approved modifications to a development called Maple Shade Village, and to one called Autumn Meadows off of Saybrook Road. Finally, they granted a 5-year extension to a wetland permit for the Pistol Creek subdivision on Atkins Street.

Emergency Bypass Channel For Coginchaug River Blockage Approved

Nearly 8 months to the day after a mudslide below Charton Apartments on Newfield Street, the City received approval to dig a channel to re-route the river past the blockage in the Coginchaug River.

The Coginchaug River is frequently bounded by steep banks in its meandering last mile or so, as it passes through the raised land between Veterans Park and the river's confluence with the Mattabessett. One of those banks collapsed on March 30th, after several days of heavy rain, sending a wall of mud into the main channel of the River.

Ever since the mudslide, the City, State, and Federal Governments have been wrangling with each other and with Ted Charton, the owner of the apartments, over how to clear the channel, and whether the remaining river bank below the apartments should be stabilized to prevent further mudslides. The Federal Agencies refused to authorize or pay for clearing of the channel unless the riverbank was stabilized to their satisfaction. Preliminary estimates indicated that such a stabilization could cost as much as $750,000, which Charton's insurance agency refused to pay for, and Charton insisted was unnecessary.

After months of meetings, the State DEP told the City that if it produced an engineered plan for a new channel, it might be approved. At its August meeting, the Common Council authorized $15,000 to pay for such an engineered study, with the understanding that the clearing itself would be done by city workers.

The plan calls for the new channel to be dug through the flat land on the east side of the northward flowing river. The channel will be 670 feet long, 28 feet wide, and 5 foot deep.

The Army Corps of Engineers provided approval to this plan, but with numerous conditions. The most significant by far is that this channel can only serve as a temporary bypass channel. The letter of approval specificies that by September of 2012 the City "shall submit a plan for the permanent closure of the bypass channel and the remediation of the area subject to temporary disturbance. ... Filling of the bypass and the remediation of the temporary impact area shall commence no later than November 28, 2012 and be completed with 60 days of this date (January 27, 2013)." The full approval letter and a map of the plan are available here.

Bill Warner, City Planner, briefed the Inland Wetlands Agency on the Army's approval at the Agency's Wednesday meeting. Ron Borrelli asked a number of questions about who would bear the costs of clearing the channel, and how it would be done. Warner indicated that the wetlands protection requirements in the permit might require specialized equipment and skills that the City workers do not have. He said the city would be paying for the channel clearing because it was needed to protect Veterans Park and Palmer Field, "The City is looking at it as protecting our interests." When asked why the city was not pursuing compensation from Charton, Warner said that the Corps had cited Charton for some of the fill he had put on the slope after the landslide, "The Mayor's position is that the Corps should go after him."

Borrelli was astounded that the permit only allowed a channel for two years. He asked if the city would really have to fill it in, "Is this one of those things the Army will forget about in their vast paper work?"

Warner did not respond verbally.

Coginchaug Boat Launch Receives Floodplain Certification

City Planner Bill Warner told the Inland Wetlands Agency that the plan to create a kayak and canoe launch on the North End peninsula was moving forward. He said that he had met with the Public Works Department on Tuesday to discuss the work necessary to create the path and the actual launch. He said that Public Works would soon clear the brush up to the high-water mark, as a preparation for grading the path.

Warner said the city had received a Flood Management Certification from the State Department of Environmental Protection. He said the project still required an archaeological assessment to ensure that cultural artifacts would not be destroyed, a review of the natural diversity database to see if any threatened or endangered species would be impacted, and a review by the Office of Long Island Sound since the location is subject to tides.

Warner cautioned the Agency that these reviews could very well discover issues which might delay or even scuttle plans for the launch, but he seemed cautiously optimistic about the project.

Parking For Temple And House on Congdon Street Approved at Inland Wetlands

The Inland Wetlands Agency Approved a connector between two parking lots used by the Hindu Temple near Middlesex Community College, and approved a new house on Congdon Street. Each is within about 50 feet of existing wetlands, but the Agency felt there was no feasible alternative but the new construction being proposed.

Parking at the Hindu Temple
Two representatives from the Temple explained that their two parking lots were each narrow and dead-end, and that when cars needed to exit from the lot, they frequently needed to cautiously back out of the end of the lot. They proposed to add a horseshoe-shaped connector, 11' wide and 82' long, between the two lots so that cars could continue into the other lot.

The Wetlands Agency members expressed frustration that this connector would be within the wetlands review area, and wished that something else could be done. Ultimately, none questioned the need to make parking more convenient, and with no other options available none voted against the expansion of the parking lot, "There's nothing we can do."

New home approved contingent upon letter from Lord
John Rogalsky requested permission at the last Wetlands Agency meeting for approval to build a new home on a lot which is largely within 100 feet of wetlands. His original site plan called for a detached garage, which would necessitate a longer driveway but would place the building construction 65' from the Wetlands. In response to a suggestion from Agency members, Rogalsky returned last night with a plan for an attached garage. This new plan would place the construction barely 50' from the wetlands, but the driveway would be shorter.

The Agency also requested that a registered soil scientist testify that the wetlands functioning would not be disturbed by the new construction. Rogalsky arranged for David Lord to appear at the meeting. Chairman Joe Carta rearranged the agenda to delay consideration of the Rogalsky plan, waiting for Lord's arrival. After all other matters on the agenda had been considered and a 10 minute recess taken, Carta agreed to consider the plan without Lord's testimony.

The Commissioners again felt that the plan as presented was the best plan which would allow construction of the new home on this lot. They approved the plan contingent upon receiving a letter from Lord stating that the wetlands would not be impacted.

Inland Wetlands Hears About Kayak and Canoe Launch

At Wednesday's Inland Wetlands and Watercourses Agency meeting, Chairman Joe Carta asked for a report on the plans for the kayak and canoe launch into the Coginchaug River on the north end peninsula. Bruce Driska read a memo from Matt Dodge, the city's Environmental Planner. Dodge wrote that the launch will be at the edge of the city's landfill property, between the southern fenceline and the railroad tracks.

Dodge said that the proposal is for a 550 foot stone-dust access path which will lead to an anchored gangway onto a floating dock. The proposed plans are under review at the State Department of Environmental Protection, to determine if it meets their engineering and environmental requirements.

Carta told the Commissioners that because the Coginchaug is a tidal river, the review would probably be done by the State but not by the Inland Wetlands Agency.

Discussion over a subdivision plan

John Rogalsky submitted a plan to subdivide a lot on Congdon Street West, in order to build a house. Because the proposed house would be within 100 feet of wetlands, the subdivision needs approval from the Inland Wetlands Agency. Rogalsky submitted a letter from David Lord, Certified Soil Scientist, in which Lord wrote that the wetlands serve primarily as a drainage path for excess water, and "The functioning would be unaffected by the proposed subdivision."

The Commissioners were quite sympathetic to Rogalsky's desire to build his "dream home", and spent considerable effort discussing alternatives to the placement of the house, which comes to within 65 feet of the wetlands. Commissioner Ron Borrelli said that while he wanted to protect wetlands, he felt that the garage should be moved to be more convenient to the house, since it would still be about 45 feet from the wetlands.

Carta indicated that he would want to hear directly from David Lord about the impact on wetlands if the house were to be built in its current proposed position as well as in a proposed position closer to wetlands. As Lord was unable to be at last night's meeting, the application was continued until the December 1 meeting.

Inland Wetlands Cancelled Due to Lack of Quorum

Last night's monthly meeting of the Inland Wetlands and Watercourses Agency was cancelled due to the absence of a quorum.

Two Coginchaug River items were on the agenda under "Agency Review", the landslide which occurred below the Charton Apartments, and the boat launch project at the sewer pumping station on Johnson Street.

The Inland Wetlands Agency has had two vacancies among the members and one among the alternates for at least a year. Appointments are made by the mayor, and confirmed by the council.

Water Department Signs Remain

Every public hearing before Inland Wetlands and before Planning and Zoning requires the applicant, usually a developer, to post public signs notifying neighbors of the hearing. Developers usually take the signs down the day after the hearing. Thus, it is somewhat surprising to see that signs announcing an August 4th public hearing are still posted on Country Club Road.

These signs are for a Water and Sewer Department project to install water mains on Country Club Road. The Inland Wetlands Agency public hearing was originally scheduled for the June meeting, but neither the engineer nor the Water and Sewer Department posted the signs, so the public hearing was postponed until the July meeting. When that meeting was canceled due to the failure of City Hall air conditioning, the hearing was rescheduled for August.

Now, over two months after first appearing for the July 7th meeting, the signs remain, looking a bit worse for the wear. The one pictured above had an unfortunate encounter with an errant car a few weeks ago.

Commentary:

It is troubling that the management of the Water and Sewer Department would neglect to send a worker out to take down the signs. This suggests a lack of organization or follow-through in the department.

However, Water and Sewer is not the only Department which could have taken these signs down in the past month. How many times has a city vehicle from Public Works or Parks and Recreation or the Police Department driven by the bedraggled, road-side nuisances? How many times has a City employee (including the directors of Public Works, Planning, etc) driven by the decaying signs? Why have none of them thought to stop and remove them? Why have none of them apparently even thought to make a phone call and remind Water and Sewer to remove them?

Busy Night at Inland Wetlands

In addition to their consideration of an application by Phil Armetta to alter a wetlands mitigation plan on Newfield Street, the Inland Wetlands Agency considered several other issues at their meeting on Wednesday. They held a public hearing and gave approval to the installation of a water main on Country Club Road, they heard more about what is happening (or not) to solve the Coginchaug River blockage caused by the Charton Terrace landslide, they approved a 'general permit' for Water and Sewer, they heard about a small trench cut by a landowner on East Street, they approved a mudroom addition on Lakeview Drive, and they approved subdivision plans on Boardman Lane.

Country Club Road Water Main

About a dozen members of the public, most living near or on Country Club Road, came to hear about the plans for a water main. The Chief Engineer for Water and Sewer, Joe Fazzino, introduced to the Agency the lead engineer on the project, Mark Kopchak from the Maguire Group Company.

Kopchak explained that the line would be a 12" diameter iron pipe laid in the roadbed of the eastbound lane, extending from near Moody School to Middle Street, crossing I91 hanging from under the overpass. Fire hydrants will be installed along Country Club, but the main purpose of the main is to increase water pressure for houses located west of I91 on city water. No sewer line extension is being considered.

The construction will take about 180 days, and is anticipated to start in the spring of 2011. Residents along Country Club will have the opportunity to tap into city water during the construction period.

Several residents spoke in favor of the water line, lauding the increase in pressure and the increased fire protection. Arline Rich and Bob Whitney both cautioned Fazzino and Kopchak about the likelihood that ledge would be encountered below the road and blasting would be required, especially near Higby Mountain. Fazzino promised that the contracts for the firms doing the project would mandate pre-blast inspection of nearby houses.

The agency gave unanimous approval to the application.

Coginchaug Channel Clearing

In June the Agency used a Cease and Desist Order to compel Ted Charton, owner of Charton Terrace Apartments to appear before them at their next meeting, to discuss the stabilization of the bank which collapsed into the Coginchaug and blocked its flow. Charton appeared at the meeting for that reason, and was happy to answer questions and discuss the situation with the Agency. However, the commissioners didn't quite seem to know why they wanted him there, they didn't quite know what to talk about, and could only recognize that there is an impasse in unclogging the Coginchaug.

The impasse is because Federal and State agencies have refused to pay or possibly even permit the clearing of the channel until the bank below Charton Apartments is stabilized, and nobody has the money to stabilize the bank.

Charton said that the city told him an engineering report on the bank would cost $75,000 and that a new stabilization effort could cost as much as $1M. Charton said he had been denied funding from the Federal Emergency Management Agency (FEMA), from the Small Business Loan Program, and been denied reimbursement from his insurance company. He said his buildings were completely safe, that the bank was stabilized and that he could not spend

$75,000 for an engineer, let alone $1M for a stabilization.

Charton again told the Agency that he could have cut a small channel through the landslide at a cost of about $5,000, but he was prevented by the Army Corps of Engineers and the Department of Environmental Protection. He charged that the City's Environmental Resource Specialist, Jim Sipperly, had written letters which led to a Cease and Desist order from the Army Corps of Engineers.

Sipperly, at the meeting for another reason, gave the Agency his perspective on the efforts to find a solution to the upstream flooding caused by the landslide. "There's been a lot of meetings with the Army Corps of Engineers and the DEP reps."

Sipperly said that current plans are for the city to pay $15,000, authorized at this week's Council meeting, to hire an engineer to develop a plan for the clearing of the channel. The City hopes that this plan, even without any work on the Charton riverbank, will be enough to convince the DEP and Corps to grant the necessary permits.

After Sipperly's testimony, which Charton watched from the side of the podium, the commissioners expressed their frustration that they were not being informed about the plans for the Coginchaug. Sipperly and Zoning and Wetlands Enforcement Officer Bruce Driska assured the commissioners that they would make available all of the emails and letters regarding the Coginchaug clog.

The commissioners all agreed to wait for more information, particularly from the engineer hired by the city to prepare a plan to clear the channel.

After the meeting I asked Sipperly about the Council's resolution, which authorized the mayor to clear the channel without any permits. Sipperly said that this sounded inappropriate, he said that this work would likely not be covered by a General Permit to Public Works or Water and Sewer, "You'd need an individual permit [at Inland Wetlands]."

Water and Sewer

The "General Permit" for Water and Sewer allows the Department to undertake work in wetlands without obtaining a permit. James Sipperly told the Agency that the Water and Sewer Department brings the plans for any work which they feel might be appropriate under the General Permit to Bruce Driska, Zoning and Wetlands Enforcement Officer for the City. Sipperly said, "Bruce decides if something needs Agency review."

The Agency unanimously approved the application for the General Permit, which will be good

for two years.

Boardman Lane

James Sakonchick. representing Middle Boardman Associates, the owners of the parcel originally chosen as the site of the Army Reserve Training Facility, and more recently as the site of the wetlands mitigation being done by the army, presented plans to the Agency for subdividing the Boardman Lane parcel into 3 lots. One lot, of about 5 acres, would include the 18th century house and associated barns, the plan is that this lot would continue to be used for farming. Another lot, of about 13 acres, would remain under the ownership of Middle Boardman Associates. The third lot is under contract to be bought by the Army Corps of Engineers, and will be used as mitigation for wetlands being impacted during the construction of the training facility at the former Cucia Park.

Under State law, the Wetlands Agency must be notified of all subdivisions of land including wetlands. The Agency unanimously voted that no Wetlands Permit was required for the subdivision, while specifically noting that this approval was solely for the subdivision, not for any development activities on the resulting lots.

Inland Wetlands Denies Cost-Cutting Plan for Wetlands Mitigation

Businessman Phil Armetta's request to alter the conditions of his permit for wetlands destruction on Newfield Street was unanimously denied by the Inland Wetlands Agency last night. Commissioners all agreed that they could not alter the plan devised by wetlands expert Richard Snarski without any expert testimony that the substitution of a low-cost seed mixture would be just as good at wetlands creation as the original plan, which called for planting already growing plants.

"We're 95% Complete"

Seth Sevimli, owner of the Auto Store II used car dealership, opened the discussion with an explanation of what they had done on Newfield Street since their excavation and placement of a stone surface on the former wetlands. The retroactive permit for this work was based on a plan which mandated an earthen berm, 1.5 to 2.0' high between the lot and the Newfield Street, seeded and mulched. It further mandated that topsoil be used to restore the natural grade of the wetland, and then seeded with a wetlands mix. Finally, the plan called for paving of the parking area and the construction of a curb and leak-off to protect the remaining wetlands from parking lot run-off (full plan here).

Sevimli said this work was nearly complete. He said that Matt Dodge, environmental specialist in the Planning Department, had inspected it and asked only that more topsoil be added to restore the elevation of the wetlands. He said that this would be done shortly and then the wetlands

seed mix would be planted.

"We don't have anything from Mr. Snarski."

Sevimli then turned to his request to change the conditions of the permit for the paving work. He asked the Agency for permission to alter what was to be planted at the wetlands mitigation site near the Mattabessett River. Citing the high cost of the originally planned plantings, and the approval of the much cheaper seed mixture around the parking lot, he asked why it wouldn't be possible to use the same seed mixture in the back property, near the River.

Joe Carta, Chair of Inland Wetlands, asked whether there was a letter or any other evidence that the seed mixture would be just as good at wetlands creation. Sevimli readily admitted that he had no letter from Snarski or any other expert in soils or wetlands vegetation. He pointed to the similarity in the list of species in the seed mixture to those in the wetlands mitigation plan approved by Inland Wetlands, "I didn't think I needed a scientist."

Sevimli told the commissioners that he had not contacted Snarski because of the high fees he was being charged. He said he had paid $3500 to Snarski for the initial report which allowed him to get the parking lot permit, and that further consultation with Snarski would lead to costs he was unwilling to bear.

"I've done a lot for this city."

Carta's continued skepticism over the justification for changing the plan brought a very agitated Phil Armetta to the podium. Armetta owns both the car dealer lot and the lot where the wetlands mitigation is planned. He reiterated Sevimli's argument that if the seed mixture was good enough for the front, around the parking lot, it ought to be good enough for the back, "They want to smell the flowers, we'll put a rose plant in the front, they can smell the flowers there. ... Who goes back there to look at it anyway?"

Armetta blasted the Agency for not understanding or supporting businesses, "This is why Connecticut is last in job creation--this kind of stuff."

A Soil Scientist Speaks

James Sipperly, Environmental Resource Specialist for the City, and a registered soil scientist who works in the City Water and Sewer Department was at the meeting for another matter. The commissioners asked Sipperly to speculate on the reasons why the plantings used adjacent to the parking lot on Newfield Street might be different from the plantings used adjacent to the tidal wetlands of the Mattabesset. He suggested that the quality of the wetlands functioning might be different, that there was more emphasis on biodiversity near the river, and that putting in already growing plants could help compete out the invasive plant species more effectively than planting seeds would do.

The Plan Remains the Same

Extensive further discussion between the commissioners and Armetta largely consisted of each charging the other with a lack of understanding of what was important. In the end, the commissioners voted unanimously to deny the request to change the mitigation part of the wetlands permit given to Armetta for the parking lot expansion and destruction of wetlands.

Wetlands Agency to Consider Amendment to Mitigation Plan on Newfield Street

Phillip Armetta has submitted an application to amend the plan for wetlands mitigation related to an expansion of the parking area for a used car dealership on Newfield Street. The proposed amendment would radically alter the vegetation planted in created and enhanced wetlands. This continues the Agency’s consideration of the work done to provide more display and storage area for recent model used cars and trucks offered for sale by Auto Store II.

Background

In August of last year, about 1000 square feet of wetlands were bulldozed and filled with large stones (riprap). Zoning and Wetland Enforcement Officer Bruce Driska brought this to the attention of the Wetlands Agency, who first heard from Armetta at their September meeting.

Armetta told the Wetlands Commissioners, “We wanted ... to get a little more exposure of the dealership to cars.” A soil scientist hired by the city reported in October that “wetland has been totally impacted by the removal of 1-2 feet of the former wetland surface layers and the placement of a stone surface layer.”

The Agency asked Armetta to submit a retroactive application for the impact on wetlands. Armetta’s application for a wetlands permit to do the parking lot expansion was considered at the March meeting, and unanimously approved. The application included a detailed plan not only for the parking lot area, but also for the enhancement of 3000 square feet of existing wetlands and the creation of 1500 square feet of new wetlands. These were both designed by Richard Snarski, a Registered Soil Scientist. The enhancement and creation of wetlands would take place on a separate parcel, adjacent to the Cromwell Meadows which line the Mattabessett.

Details of the Mitigation Plan

The Wetland Creation and Enhancement plan approved by the agency is quite detailed (the full plan is available HERE). These details included the time of construction (April, 2010), the depth of excavation (6-12 inches), the material placed in the created wetlands (topsoil or leaf compost), removal of invasive plants (for three years with either a hand shovel or an herbicide), and the monitoring (a report on the wetlands to be sent every year for three years).

The plan also called for the installation of nearly 1000 herbaceous wetland plants, listing 10 different species including Monkey Flower, Blue Flag Iris, Soft Rush, and Sweet Flag. The 1000 herbaceous plants will cost nearly $1000 at the primary source for wetlands plants in New England.

Seth Sevimli, owner of the Auto Store II, told me that since the parking lot expansion was for his business, he is taking responsibility for the wetlands mitigation. He was proud of the work done so far on the future wetlands and invited me to go out to the site, which I did. As stated in the mitigation plan, large wooden timbers have been removed, and a bulldozer has excavated about a foot of clay-like soil. The mitigation site is at the edge of about 25 acres which form a peninsula into the Cromwell Meadows, bounded on the west by railroad tracks, and on all other sides by the Mattabessett tidal wetlands.

The land is currently being used for dumpster storage and an asphalt recycling business operated by LeeBoy Paving, but in past years it housed clay pits, was used to stage construction equipment, and likely also had other light industrial uses.

Changes to the Mitigation Plan?
The amendment being considered tonight would radically alter the type of plantings in the wetlands being created as mitigation.

Sevimli said he would prefer to use a wetlands seed mix on the created wetlands, the same mix that the agency said was appropriate for the small area of wetlands that remains around the parking lot. He wondered why the more expensive mixed herbaceous wetlands plants would be used far away from where people would see it, “Who needs flowers out in the middle of the woods?” The wetland seed mix costs $125 per pound, 2 pounds is said to cover 5,000 square feet.

Sevimli said that they would abide by whatever the Agency ruled, “... if that’s what they want that’s what we’ll do.”

He said that Armetta was paying close attention to the work, “He’s here twice a week making sure we’re doing what we’re supposed to do.” He said that Armetta’s company did some of the work in the plan, but the earth moving in preparation for planting the wetlands plants had been done by Bob Schools, who has built other wetlands in the area.

Delays and Extensions
I asked Joe Carta, Chair of the Inland Wetlands Agency, about the delay in the project from the date specified in the application (April, 2010). He said that he had heard nothing about any delays in the project, but that he did not expect to. He said that usually the applicant phones up the Planning Office, tells them the work is done and then Driska goes out to inspect the work. Driska confirmed this, saying that most developers are eager to get approval for work relating to wetlands, so that they can move forward with their development.

Carta said that once an application goes through the Wetlands Agency and is approved, they rely on city staff to monitor it. I asked him what would happen if a developer never notified the city that they had completed an agency-required mitigation. He said, “Probably what happens is it [the project approval] gets lost.”

Sevimli said that the delay in his project was because the spring was so wet that heavy equipment could not do the excavation, and then a death in the Schools family caused a second delay. Matt Dodge, Environmental Specialist in the Planning Office, confirmed that Sevimli had been in contact with both him and Driska about the delay, and they had given verbal extensions to the mitigation project.

Richard Snarski said he was not doing the actual earthmoving or planting to create the wetlands, his only role was to design it and supervise the construction, "I don't have a contract." He said he was waiting for the excavation work to be done and had heard nothing about the project, "I guess things got delayed."

The parking lot on Newfield Street, the original trigger which led to the mitigation plan, was paved in the first week in July. It is in active use, although the wetlands seed mix is yet to be planted at its edge.

Other Items on the Agenda

The Wetlands Agency will also consider the "General Permit" for the City of Middletown Water/Sewer Department, which covers activities needed for servicing the existing water and sewer systems. They will review the situation at Charton Apartments with respect to the landslide which clogged the Cogingchaug. Finally, there will be a public hearing over the proposed installation of city water on Country Club Road from Middle Street to Higby Road.

Inland Wetlands Agency Meeting Cancelled Without Notice

Jon Pulina arrived at work on Wednesday evening to operate the cameras which would broadcast the monthly meeting of the Inland Wetlands and Watercourses Agency, only to discover that the meeting had been cancelled along with most other City Hall functions, as a result of the failed air conditioning.

Pulina was not the only one there, Jim Sakonchik came to present plans regarding a subdivision, and about a dozen members of the public had come to attend the meeting.

Pulina was flabbergasted that there had been no notice, "Nothing on the web page, not even a sign on the door about Inland Wetlands!" He said he heard about the cancellation from Billy Wilson, another camera operator.

Wilson told me that he learned the news of City Hall closing from a facebook posting by a City employee. He said he called several different city offices to ask if the Inland Wetlands meeting was also cancelled, but there was no answer. "Finally I called the Cypress Grill [where I/W Chair Joe Carta works], and Joe's brother told me it was cancelled."