HomeMy WebLinkAboutWPCA 90 Brookfield Street 2 LAW OFFICES OF - -
WAYNE CHRIST®PHER GERLT
112 DEMING STREET
P.O.BOX 1 132
SOUTH WINDSOR,CONNECTICUT 06074-1 1 32
TEL.(860)644-2565
FAX(860)644-2567
March 10,2004 E-MAIL:WCGESOBAOL.COM
Mr. C. F. Shaw
Bureau of Pollution Control ,,tCCEI{
Town of South Windsor r � .�0 ,
1540 Sullivan Avenue
South Windsor, CT 06074 UBL► ws
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Re: Environmental Services,Inc. a a
Dear Mr. Shaw:
Your letter of March 4,2004 raises significant questions.
What source or person has "made the W.P.C.A aware" that there are alleged changes in
use at the site? Are any such communications in writing or are'themnotes or memoranda which
have been made of such communications? If so, I request' copies of each'and every such
communication,note,memorandum or other writing.-
If there is no written record of such communication, please provide me with a detailed
account of such communications which have led' the W.P.C.A. to believe that substantive
changes in the use of the site require approval.
As you know,the new application was made at the suggestion of the DEP and the town at
a conference which occurred on December 10th. What specific change in the use of the site has
occurred since December 1 Oth? There are no new or changed uses.
I have read Section 5 of your regulations as provided to me with your letter, and I find
nothing therein which refers to a change in use. Perhaps you can explain your position to me.
My clients have obtained a variance to permit the DEP licensed operation of
Environmental Services, and to permit a truck to truck transfer station, subject to conditions.
The other uses are all grandfathered as useswhich existed prior to zoning, or are non-conforming
uses.
Any persons or entities involved in`infpugning the integrity of my client or the use of their
roe as being anything other than le al valid`and permitted are jeopardizing my client's
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property interests and right to use their properly. Any such action_on the part'of individuals
violates my client's constitutionally protected property rights.
I look forward to your prompt reply so this matter can be resolved quickly.
Sincerely,
a istopher Gerlt
WCG:mt
cc: William Oros,DEP
Mitchell Property Group, LLC
Barry Guliano, Town Attorney
Matthew B. Galligan, Town Manager
Marcia Banach, Director of Planning
Michael Gantick, Director of Public Works
Jeffrey Doolittle,Town Engineer
Chris Dougan, Chief Building Official
Tomek Grajewski,Zuvic Associates
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1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
°SOR•co TELEPHONE (860) 644-2511
March 4, 2004
Mr. Wayne Gerlt
112 Deming Street
P.O. Box 1132
South Windsor,CT 06074-1132
Re: 90 Brookfield St.
DEP General Permit Application—Vehicle Maintenance
Dear Mr. Gerlt:
The Water Pollution Control Authority(W.P.C.A.)will be unable,at this time,to
approve the vehicle maintenance application until all Town approvals have been
obtained.
The W.P.C.A.has been made aware that the property owner of 90 Brookfield Street must
obtain Town approval for certain substantive changes in the use of the site.
This action of the W.P.C.A,is in accordance with Section 5—"Building Sewers and
Connections"of the Water Pollution:Control Authority Rules and Regulations,paragraph
5.1 (copy attached hereto).
Please contact this office if you require any additional information.
Very truly yours,
S
C.F. Sha , Superintendent
Bureau of Pollution Control
CC: Matthew B. Galligan, Town Manager
Michael J. Gantick,Director of Public Works
Jeffrey Doolittle;Town Engineer
Marcia Banach, Director of Planning
Chris Dougan, Chief Building Official
Barry Guliano, Town Attorney
William Oros,DEP
Mitchell Property Group, LLC