Watercourses Agency

MIDDLEFIELD INLAND WETLANDS

and

WATERCOURSES AGENCY

405 Main Street

Middlefield, Connecticut 06455

Minutes of the September 20, 2017 Regular Meeting

Rebecca Adams, Chairman, called the meeting to order at 7:04 pm.

Attendance:

Members Alternates

X / Adams, Rebecca
X / Angiletta, Irene
X / Brown, James
X / Li, Linda
X / Manning, John / Others
X / Poturnicki, Rob / X / Bernotas, Randy
X / Veeley, Robert

A=Absent

X=Present

Amendments to the Agenda

Randy Bernotas got a request from the property owner at 159 Baileyville Road who would like to take trees down. Rebecca Adams agreed to add this to the agenda after number 6 as 6A on the agenda.

Rob Poturnicki made a motion, seconded by Bob Veeley, to amend the agenda, as proposed. Motion carried unanimously.

Public Comment

None.

Salvatore Monarca, Site Plan, Lot 80 Industrial Park Road

Randy Bernotas reported that Mr. Monarca had said he would be at the meeting, but he was not present.

Jim Brown made a motion, seconded by John Manning, to table the item. Motion carried unanimously.

Helen Lankenau and Mark Aronson, Clearing Brush along Shoreline of Laurel Brook Reservoir, 85 Laurel Brook Road, re: DEEP

Helen Lankenau and her husband, Mark Aronson, explained that they have just recently purchased the property at 85 Laurel Brook Road. Dr. Lankenau apologized for their ignorance about wetlands and that they had not come before the Commission earlier.

Randy Bernotas explained that he had received a call from Ed Bailey stating that he had received a call from Mr. Shipley of the Middletown Water Department who had seen a large disturbed area at the reservoir. Mr. Bernotas went to check it out and met Dr. Aronson at that time. He did tell Dr. Aronson to stop work immediately and requested that E&S controls be installed. Mr. Bernotas returned to the area this week and E&S controls have been installed. After looking into the matter, it was discovered that the property actually belongs to the City of Middletown. The only tree that Mr. Bernotas saw removed was a dead tree. Thus, any activity that has been done as far as wetlands are concerned was on the property owned by the City of Middletown though it is in the Town of Middlefield.

Pictures were distributed to the members and Randy Bernotas reported that he had spoken with Dr. Aronson and was told that they intended to plant fescue grasses in the area. Mr. Bernotas understands that that is a very good erosion control method.

Mark Aronson also apologized to both the Board and the City of Middletown for their ignorance on these issues. He explained that they were aware that the property did not belong to them, but had been told that the prior property owners maintained that portion of the property for the last 20-plus years. They had no plans to change anything, but just to eliminate areas that had eroded, remove the dead trees and get rid of the poison ivy.

Dr. Aronson proposed to address the problem in three sections. The first section is by the walnut trees near the stone wall where their property meets the IDS property where they would grade and plant grass up to the stone wall and clear some of the low-hanging limbs. In the second packet, Dr. Aronson reviewed that the stones present are decorative stone, not a stone wall. Going to the third packet, he showed the existing stone wall with some dead trees. He went on to review several more pictures showing work they had done. Dr. Aronson believes that all of that work would fall under non-regulated activity as landscaping. Rebecca Adams explained that the Board would have to make the determination of whether it is or isn’t a regulated activity.

Karen Colton, a trustee and parent at IDS, Janet Sisson, the athletic director at IDS, both introduced themselves. Ms. Sisson stated that she has worked hard with DEEP to stock the pond and is concerned about work being done so close to the pond. The pond is now at its lowest point. She also explained that IDS hosts many events and was shocked that clearing was being done when so many people would be walking around the pond. She is also concerned about the trench that was dug. Dr. Aronson explained that there is no trench, but that is the area where he dug out a tree stump. He would hope to be able to clean up the mess and plant some grass seed to minimize run-off.

Ms. Sisson mentioned that they have trimmed tree limbs in the past and was just wondering what was happening on the property. Dr. Aronson stated that they had no intention of doing anything to the pond.

Rebecca Adams encouraged Ms. Sisson and Dr. Aronson to work together on these issues and the Wetlands Agency will facilitate that. Karen Colton asked if any of this work was covered by DEEP regulations or conservative easements and Ms. Adams explained that this really just falls under Wetlands regulations. Ms. Colton stated that the school will cooperate and work to get this sorted out.

Dr. Aronson went on to describe the second area of work at the northeast corner of the property where there is brush and rocks. They would like to remove the rocks, clean up after themselves and move the rocks to a spot on the property that is outside the wetlands to form a bed for a raised garden.

Rob Poturnicki felt that they needed to get to the bigger area of concern and Rebecca Adams stated that a public hearing will be necessary on this issue, so Dr. Aronson should just move on to the bigger area of concern.

Dr. Aronson described the area in front of the lake, which is approximately 350 feet long and 30-40 feet wide. He believes the first 30 feet belongs to the City of Middletown. There has historically been a fence in that area, but a fence was not there when they purchased the property. Their intent in this area was to restore eroded areas, plant an erosion-proof ground cover that can be maintained without dangerous tools, to remove two beds of poison ivy and to remove two trees that were dead or dying. To this point, they have used a backhoe or bulldozer to take everything out and get rid of the eroded areas that were running into the lake and to grade it so it can be mowed with a lawnmower. Rebecca Adams asked Dr. Aronson to hold off explaining any of their plans until there is an actual application.

James Sipperly, the environmental resource specialist for the City of Middletown and a certified soil scientist as well as a Connecticut wetlands scientist, introduced himself and explained that he was the wetlands agent for the Town of Cheshire for nine years and 11 years for the City of Middletown. He is presently the wetlands agent for the Town of Portland. He had been asked by Bob Young, the acting director of the Water and Sewer Department of the City of Middletown, to attend the meeting tonight. He read a letter into the record stating that the activities on the property are in violation of both Middlefield’s and Middletown’s wetlands regulations and that Middletown is in the process of assessing the damages. The City of Middletown formally requested that the Middlefield Inland Wetlands Agency take action to remediate the activity and reestablish the property that existed prior to the activity.

Mr. Sipperly stated that the Water Department has gone to the Mayor of Middletown as well as the First Selectman of Middlefield as well as several other departments in Middletown. Mr. Sipperly asked when the work was started, who did the work and why it was done without a permit. He did go by the property and felt that the erosion controls were not tight enough. Dr. Aronson stated that he did the work himself over the course of about two weeks.

Randy Bernotas asked if they could get together at the property tomorrow. Dr. Aronson agreed and asked him to follow up with him after the visit in terms of what can be done immediately in terms of the silt fencing. Rob Poturnicki asked if emergency measures can be taken to professionally install the fencing since a hurricane is coming next week. Rebecca Adams stated that the Wetlands Officer can oversee if emergency measures are needed.

Jim Brown asked about a Google Maps picture of a wooded area and Randy Bernotas explained that that area had been previously cleared and a fence was present at the time.

Rebecca Adams felt that the first step would be for Randy Bernotas to meet Mr. Sipperly and Dr. Aronson tomorrow and come up with an immediate plan of what needs to happen to protect the reservoir and the wetlands. She also asked that they look at the area by the IDS pond. Mr. Bernotas will report back to the Agency members and a plan can then be developed. Dr. Aronson asked if it would need to be three separate applications as he felt that the first two parts of the activity may turn out to not be regulated activities. Mr. Bernotas explained that all three issues are within the 100-foot review area. Ms. Adams explained that they will think about it and advise Dr. Aronson on the best way to do it. She also explained that the area around the reservoir is now an enforcement issue. Dr. Aronson would like to come before the Agency regarding the first two areas of concern separate from the enforcement issue, but Randy Bernotas stated that the activities would require an application regardless since it is within the review area.

A question was also asked about the level of the reservoir and Mr. Sipperly explained that it looks to be a little low and there is also a problem with the spillway that they are on with DEEP. Janet Sisson also volunteered to meet Randy Bernotas and Jim Sipperly tomorrow at 9:30 am.

Randy Bernotas also offered to help Mark Aronson prepare his application as soon as he would like. Jim Sipperly also suggested a site walk be conducted sooner rather than later.

Rob Poturnicki made a motion, seconded by Linda Li, to schedule a site visit to 85 Laurel Brook Road on Monday, September 25, 2017 at 6:00 pm. Motion carried unanimously.

Bill Bellock, BellStic, LLC, Intersection of Higby Road and Route 66

Randy Bernotas explained that this issue is a pre-application to provide information. Bill Bellock explained that he represents the property owners of the northeast corner of Higby Road and Route 66. The property is within the Design District I zone and the wetlands have been flagged. A preliminary traffic analysis has also been done for a DOT application.

Mr. Bellock pointed out that there is a significant wetland and also mentioned that the traffic engineer recommended a curb cut on Route 66 approximately 450 feet from the intersection. The first scenario that had been proposed is a street from the intersection to a residential area. The zone requires a three-acre minimum and will require a roughly long road. They felt that idea didn’t make much sense, so they moved to the idea of a small cul-de-sac off of Route 66 that removes them significantly away from the wetlands and maximizes the amount of upland soils. There would then be no curb cut on Higby Road. Scenario three shows a hard corner where a service station is identified and would also have frontage on Higby Road with an uplands area.

Rebecca Adams suggested this is a perfect time for Randy Bernotas to work with Jerry Russ, blending the Wetlands and Zoning process. Mr. Bellock explained that he had met with Geoff Colegrove and he had recommended that he come to Wetlands first. Mr. Bellock explained that there may be some commercial activity on Higby and he wouldn’t be surprised if there was some senior residential facility proposed in the rear.

Irene Angiletta asked Mr. Bellock for the soil scientist’s report and Mr. Bellock agreed to do that and submitted one for the record. Mr. Bellock stated that there has also been some interest for a medical office building. He does understand that there are limitations on what can be done on the site due to the location of the wetlands and acknowledges that the project will be a regulated activity. Mr. Bellock also stated that they would like to submit the application for the subdivision by the end of this year.

Salvatore Monarca, Site Plan, Lot 80 Industrial Park Road

Rebecca Adams explained that this item had been tabled, but the members would hear it at this time.

Sal Monarca reviewed the area that is designated as wetlands and showed the percentage of coverage that he needs. He has materials stored in the area and has begun to remove them. Once the materials are removed, he will be within the coverage limits and outside of the wetlands.

There was some discussion about the Commission members going to the site and it was agreed to visit the site once the materials are moved.

Middlefield Inland Wetlands and Watercourses Agency Minutes

September 20, 2017

Page 1

Enforcement Officer’s Report

Randy Bernotas reported that the rip-rap has been spread at the drainage ditch between 201 and 195 Baileyville Road and it was a beautiful job.

Mr. Bernotas also mentioned that the small parking lot near the log cabin on Lake Road has not been addressed. He spoke to John Wyskiel and Ed Bailey and that property is Henderson’s right-of-way to the lake and rip-rap may be necessary in that area. Rob Poturnicki thought that Montheis owned that property. Mr. Bernotas will investigate further.

Randy Bernotas also reported that the owners of 255 Baileyville Road are using their side yard as a driveway to the backyard and the lake front.

Mr. Bernotas reported that Durham Water will be repairing stormwater channels and drainage that leads to Route 17. He also reviewed the site plan of 155 Baileyville Road where they want to take some trees down. The property owner would like to terrace that area, put stairs in and two retaining walls. Rebecca Adams explained that the property owner will need to submit an application.

Enforcement Matters

Rebecca Adams reported that she and Attorney Matt Willis have put together a lengthy cease and desist letter to the property owners at 255 Baileyville Road which she will amend to include the latest violation. Attorney Willis has already sent a letter telling him to stop all activity, but it did not contain the order to remove anything. Randy Bernotas will review the cease and desist letter to be sure it includes all of the violations. Once again, Ms. Adams stated that there needs to be a meeting with the attorney, ZBA and Planning & Zoning. Irene Angiletta would like to see the minutes of the ZBA meeting where the variance was granted. Ms. Adams will text Ed Bailey to see if he can facilitate a meeting with the other Commissions.

There was continued discussion about the Aronson property and Randy Bernotas mentioned that the real estate agent had the house listed as waterfront property and wondered if they had taken the fence down to sell the property. Members of the Commission wondered how Dr. Aronson could know how to operate a backhoe and bulldozer but not be aware of the regulations. There was also discussion about how upset the City of Middletown is about this issue. Jim Brown commented that dead trees are useful for woodpeckers and other birds and they should remain standing if they aren’t going to fall on a house.

Approval of Minutes

The minutes were tabled until the next meeting.

Matters or Business Raised at Previous Meetings or on Previous Agendas

None.

Members’ Suggestions for Matters for Addition to the Current Agenda or for Discussion and Inclusion on Future Agendas

None.

Adjournment

John Manning made a motion, seconded by Bob Veeley, to adjourn the meeting. Motion was carried unanimously. The meeting was adjourned at 8:39 pm.

Respectfully submitted,

Debi Waz

Debi Waz

Alwaz First