Middletown Inland Wetlands and Watercourses Agency Regular Meeting – July 1, 2026
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Middletown Inland Wetlands and Watercourses Agency Regular Meeting – July 1, 2026
The Middletown Inland Wetlands and Watercourses Agency held its regular meeting on Wednesday, July 1, 2026, at 7:00 PM in the Municipal Building Council Chambers. The primary agenda items were a public hearing and subsequent vote on a proposed drive-through restaurant at 797 Washington Street, a notice of violation status update, and administrative matters including meeting scheduling and mandatory training.
Public Hearing – Proposed Drive-Through Business at 797 Washington Street (W2026-6)
The applicant, represented by Attorney Richard Carella of Updike, Kelly & Spellacy, PC, presented a proposal for site grading and development of a drive-through restaurant within the upland review area adjacent to a small isolated wetland. Project engineer Patrick Doherty (Midpoint Engineering and Consulting) described the site conditions, stormwater management plan (including underground detention and outlet control), and proposed retaining wall along the eastern property line to separate the site from the wetland. Soil scientist Dean Gustafson (Walls Points Technology) stated that the wetland is limited to stormwater conveyance and that the proposed 19,360 square feet of disturbance within the upland review area and a temporary 40–50 square foot wetland impact for erosion controls would not alter the wetland's principal function. He offered the professional opinion that the project would not result in a likely adverse impact.
Commission members asked technical questions about wetland delineation, traffic circulation (a member suggested rotating the building 90 degrees but the applicant explained the tenant's drive-through requirements), stormwater flow rates, and construction methods. No members of the public spoke during the public hearing. The hearing was closed by a motion and unanimous vote.
Notice of Violation – 120 Chamberlain Hill Road
Environmental Planner James Sipperly reported that the notice of violation sent by certified mail to Amy and Erik Peterson regarding unauthorized filling of an existing pond was returned as refused. He stated that a marshal from the courthouse will be employed to deliver the notice. Commissioner Ken McClellan noted that the contractor had been verbally told to stop work and had complied, but the homeowner was uncooperative. The commission will await formal service.
Discussion Items
Meeting Scheduling Conflicts: Staff informed the commission that the August 5, 2026 meeting room is unavailable due to early voting for the primary, and the September 3, 2026 meeting coincides with the annual car show on Main Street, making access difficult. Staff proposed canceling both regular meetings and holding special meetings on August 12 (at 6:00 PM to accept a new application) and a September date to be determined. Commissioner Ken McClellan suggested using WebEx for the August meeting, which staff agreed to explore. Several members expressed a desire for hybrid meetings moving forward.
DEEP Wetlands Training: Staff reminded all commission members that state-mandated online wetlands training must be completed by the end of 2026. Commissioner Fred Terrasi reported difficulty navigating the course and is working with a contact to resolve technical issues. The link will be distributed to members.
Weslyn University Site: Commissioner Joe Carta noted that the area disturbed by Weslyn University construction is now covered with invasive species (mugwort) and questioned remediation efforts. Staff agreed to follow up.
Minutes Approval: The minutes of the June 3, 2026 regular meeting were approved with a correction to the spelling of Commissioner Sarah MacDonald's name (adding an "h"). The motion passed with Commissioners Paul Dyka and Jennifer Greenberg abstaining.
Key Outcomes
- Public Hearing Closed: Motion by Commissioner Ken McClellan, seconded by Commissioner David Pritchard, to close the public hearing. Unanimous approval (voice vote).
- Approval of Wetlands Permit for 797 Washington Street: Motion by Commissioner Fred Terrasi to approve application W2026-6 with standard conditions and an additional stipulation (Condition 18) requiring that construction of the retaining wall be performed from the upland side only. The motion included a corrected disturbance figure of 19,360 square feet in the upland review area. Seconded by Commissioner David Pritchard. Unanimous approval (voice vote; no opposition or abstentions).
- Notice of Violation Next Steps: Staff directed to engage a marshal to personally serve the Peterson property owners with the violation notice.
- Future Meeting Changes: Regular meetings of August 5 and September 3, 2026 are tentatively canceled; staff will arrange a special meeting on August 12, 2026 (time TBD) and explore WebEx participation for that meeting. A September special meeting will be scheduled later.
- Minutes Approved: June 3, 2026 minutes approved as corrected, with two abstentions.
Meeting Transcript
Good evening, everyone. I'd like to call to order the July meeting of the Middletown Inland Wetland and Watercourse Agency. All our members will be voting members this evening. And I'd like to start by asking everyone to stand for the pledge. Thank you. The first item on our agenda is proposed grading, a site grading and development of a drive-through business located at 797 Washington Street within the upland review area. Applicant ages, Richard Carella and Esquire, Updike Kelly and Spelisi PC. It's item W 2026-6. There we go. Better. Thank you, Mr. Chairman. For the record, Attorney Richard Carella, 179 Main Street, Middletown. Not to interrupt your flow, but did you skip over item B on the agenda? I don't know if there's anybody from the public. I did. Okay. I know I saw somebody in the back there. That's a new thing for us. New microphones also. So before we get to the public hearing, are there any members of the public that would like to speak to any items that are not on the agenda? I don't think she tried you because she was here to speak on an item that's not on the agenda. Okay. Thank you. Thank you. Thank you for that indulgence. I just wanted to make sure you guys were on track as well. So again, attorney Rich Corella, update Kellyanne Spellassy, 179 Main Street in Middletown. We're here tonight on an application of 797 Washington Street LLC for uh a wetlands uh permit. Um joining me tonight are Evan and Scott O'Brien. They're the owners of the property. Uh they're Middletown natives as well. Uh and then joining us also our site engineer uh Patrick Doherty and our soil scientist and wetlands engineer Dean Gustison. Um just to orient you before I call uh Dean up to kind of go through the site plan. Um this is Washington Street right here. This is on the south side of Washington Street. It's 797 and 809 uh Washington Street. It's across the street from Plaza Drive, and uh this is this site to the west of the property is Liberty Bank on Washington Street. Uh across the street over the north side of the property is the development where Trader Joe, uh not Trader Joe's, uh Jersey Mike's uh Firestone, that that whole area over there. So that's kind of where we're located uh on Washington Street, uh Route 66. And uh I'm gonna turn it over to Dean, I guess first. Uh Pat, sorry, to kind of walk through the site development plan. Uh the wetlands at issue, I think you can see are this just this little corner right here along the eastern property line. Uh but the development of this drive-through restaurant facility is gonna be in the upland review area. So I'll have Pat walk through the site development plan. Uh thank you for the record. My name is Patrick Doherty. I'm a civil engineer with uh Midpoint Engineering and Consulting. I'm gonna start going over the existing conditions of the site. Um as an attorney cabrera had said the total site that you saw the site plan on is two properties, 797 and 8 um 09.
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