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HomeMy WebLinkAboutL008 Pierce Road - WPCA Approval Letter 0yqN Se �v 1-O� 0 S-o�G2 GLU O c ti 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 °sox co' TELEPHONE (860) 644 2511 April 24, 2012 Ivonne Hall, P.E. Connecticut Department of Energy and Environmental Protection Municipal Facilities, Planning and Standards 79 Elm Street Hartford, CT 06106 RE: L008 Pierce Road, South Windsor, CT Approval to Modify Town Sewer Service Area Dear Ivonne: The South Windsor Water Pollution Control Authority(WPCA), at its April 3, 2012 meeting, approved a motion to obtain approval from the Department of Energy and Environmental Protection (DEEP)to modify its Sewer Service Area so as to include the property at L008 Pierce Road within the area designated for future sewer connections. This action is being taken subsequent to the State's Office of Policy and Management (OPM) determination that to do so would be consistent with OPM's Conservation and Development Policies Plan for Connecticut. A copy of OPM's opinion on this subject is attached hereto. Please feel free to contact this office if any further information is required. Sincerely, V .�L /-- C. Frederick Shaw Superintendent Pollution Control cc: Matthew B. Galligan, Town Manager Michael Gantick, Director of Public Works Michele Lipe, Town Planner Benjamin P. Michaelson, Applicant STATE OF CONNECTICUT U OFFICE OF POLICY AND MANAGEMENT March 15, 2012 Benjamin P. Michaelson, ESQ 89 Windrush Lane Andover, CT 06232 RE:Application for Interim Change in Conservation and Development Policies Plan for Connecticut, 2005-2010 for L008 Pierce Road, South Windsor CT. Dear Mr. Michaelson, The Office of Policy and Management (OPM) has received your application for an interim change to the Conservation and Development Policies Plan for Connecticut, 2005-2010 (C&D Plan). Based on the information you provided as well as our records, we understand the following: 1. The "Change Area" is currently designated in the C&D Plan Locational Guide Map as a mix of Rural Lands, Conservation Area, and Preservation Area. 2. Sanitary sewer currently exists on Pierce Road, adjacent to the parcel. 3. The proposed use of the parcel includes a single dwelling unit to support an owner operated farm. 4. Soils tests have been performed and indicate that an on-site septic system cannot support the proposed use of the parcel. In Section 2 of your application, you requested that a special exception be granted to allow this parcel to be serviced by sanitary sewers in lieu of pursuing the interim change. OPM does not issue exceptions to the C&D Plan, but rather advises a sponsoring agency on the extent to which a proposed action is consistent with the Plan. The sponsoring agency must ultimately determine the consistency of its proposed action, based on the policies outlined in the text of the C&D Plan as well as the Plan's Locational Guide Map. In reviewing your application, OPM has determined that the applicable state agency "action" would be approval of a modification to South Windsor's sewer service area, to accommodate the construction of a single dwelling unit on this 25 acre parcel of land. Furthermore, the "sponsoring" agency for this proposed action would be the Department of Energy and Environmental Protection (DEEP), so the Town of South Windsor must obtain approval from the DEEP to modify its sewer service area. This letter shall serve as OPM's advisory statement regarding the consistency of the proposed action with the C&D Plan, in accordance with Section 16a-31(b) of the Connecticut General Statutes. OPM is of the opinion that including this parcel in South Windsor's sewer service area, 450 Capitol Avenue• Hartford,Connecticut 06106-1379 www.ct.gov/open for the purposes outlined in your application, is consistent with the C&D Plan and that an interim change to the Locational Guide Map is not required. The proposed action would not further intensify development of this parcel, nor would it allow for development in a form or density that would differ from that of the surrounding area. In addition the proposed agricultural use is also consistent with a Rural Lands designation. Please notify me in writing whether or not you intend to withdraw your interim change application, or feel free to call me at (860)418-6302 if you have any further questions. Sincerely; Tyler J.Kleykamp Planning Specialist Office of Policy& Management the m ichae Isons February 29, 2012 State of Connecticut Office of Policy and Management Benjamin Barnes, Secretary 450 Capitol Avenue Hartford, CT06106-1379 RE: APPLICATION FOR INTERIM CHANGE IN CONSERVATION AND DEVELOPMENT POLICIES PLAN FOR CONNECTICUT, 2005 - 2010 (THE 11C&D PLAN") FOR L008 PIERCE ROAD, SOUTH WINDSOR, CONNECTICUT (THE "PARCEL") Dear Secretary Barnes; Over the past number of months we have been investigating the above referenced property for residential development as further described below. During those investigations we learned that the property will not support an on-site septic system. Subsequent to the pit and perk testing we discussed the development with C. Fred Shaw, Superintendent of the South Windsor Bureau of Pollution Control and Michele Lipe, the South Windsor Town Planner. Mi.. Shaw, Ms. Lipe and the South Windsor Town Manager, Matthew Galligan, have inforrned us that.the Parcel is able to access town sewer services but that, due to the C&D Plan, Such a connection is now prohibited. Based upon those discussions we hereby appeal to the Office of Policy Management of the State of Connecticut for an interim change frorn the C&D Plan for the Parcel. This application is submitted in accordance with Section 46a-32(b) of the Connecticut General Statutes, and the regulations issued thereunder', for the following described property and for the following reasons: 1. The Location And General Description Of The Parcel: The Parcel is commonly known as L008 Pierce Road in South Windsor, Connecticut, assessor's map number 75 14, and is within the "Rural Residential" zone (the "Parcel"). Pierce Road lies in the center of South Windsor, connecting between r-,11ington Road and Sullivan Avenue. The Parcel is approximately 25 acres and has approximately 730 feet of frontage on the western side of Pierce Road. The Parcel consists of vacant, lightly wooded land and portions of wetlands. The Parcel is currently classified as farmland under Public Act 490, having historically been a grazing pasture. The Parcel includes a 100' wide right of way to the Connecticut Light and Power Company along its entire southern border. The Parcel is in an existing residential area with many single family homes along Pierce Road, including abutting homes to both the north and the south of the Parcel, a single family home to the east (across the street on Pierce Road), and a house of worship abutting the property on its specifically including Ct. Reg. 16a-32-2 Secretary Hanies February 29,2012 M Page 2 of 4 lifichn "Is.11i rear-, western, border. An existing sewer main is located on the western side of Pierce Road (tile side that the Parcel is on). 2. Special &ceplion Requested: Alternative to the granting of the interim change we seek a special exception for the application or the C&D Plan for Rural Lands. 'File C&D Plan states the conservation area policy For Rural Lands is as follows: "[To] [p]rotect the rural character of these areas by avoiding development Corms and intensities that exceed on-site carrying capacity for water supply and sewage disposal, except where necessary to resolve localized public health concerns." As is more specifically identified below in Section 3(a) below, the Parcel is unable to Support an onsite septic system that is in compliance with the South Windsor public health requirements. Perk rates on the Parcel are 48 minutes to the inch, which is significantly less than the health requirements. The stated reason of the septic restriction is to 11[p]rotect the rural character of these areas by avoiding development forms and intensities that exceed on-site carrying capacity." Our intent is not to complete development form or intensity greater than the surrounding area,, the intent is to connect one single family home in the area idwitified with the letter "B" on the attached USG map (and as the buildable envelope in the enclosed concept plan) to the existing sewer line, only because the soil conditions do not allow ror on site septic. 3. The Interim Change Requeste(J. Alternatively, if the special exception requested in item 2, above, is not granted, the interim change requested involves a change to the Parcel, which is depicted with the letter "A" on the enclosed United States Geological Survey topographic series map (scale of 1:24,000) (the "Change Area"). The C&D Plan's 2005-2010 Locational Guide Map for South Windsor 2 classifies a portion of the Parcel as "Rural Lands" and a portion of the Parcel as "Preservation Area." The interim change requested for the Change Area is to change that portion of the Parcel identified as a buildable envelope in the enclosed concept plot plan from "Preservation Area"and or"Rural Lands"to "Growth Area,"as defined in the C&D Plan. 4. The Reasons The Interim C'hange Is Requested- (a) Hardship Due To Septic Requireinews: The C&D Plan creates a hardship without this interim change in that the Change Area would then have no mechanism to remove waste water. Enclosed is a copy of a letter from Design Professionals, Inc. This letter provides that, after various pits dug at multiple locations around the Change Area's buildable lot, including locations suggested by soil scientist John lanni, the Change Area is unable to support an on site septic system in accordance with the public health requirements. The hardship is unique and not shared by all properties in the neighborhood because the Parcel contains a significant arnount of wetlands, with silt and clay soil compositions. As a result of the wetland areas and inland wetland restrictions in the Town of South Windsor, the buildable envelope is in the center of the property, -where the soil compositions do not provide a perk test flow rate sufficient to support a septic system on the parcel. On August 26, 1975 a "Caveat"-was recorded on the land records for As published at ftp://Itl) ul lrnigpdatakd access/toyn .pH/South Windsor,pd on February 8,2012. �.qtatext,usj- V Secretary Barnes l"cbrUary 29,20 12 M Page 3 of 4 19 El 11 ;1 C i !;o 11 the Parcel identifying its accessibility to the sewer main running tinder Pierce Road, access to this existing sewer main remains the only available method of removing waste from the Change Area, without which no improvements may be made, Accordingly, the application of the. C&D Plan classifications of"Rural Lands" and "Preservation Area," which both prohibit now sewer connection, without this interim change would eliminate all possibilities of removing waste water from the Change Area, rendering the Change Area un-build-able. (b) Devaluation 0 -ie Change Area: As a result of the inability to remove waste from the Change Area, as discussed in Section 3(a), above, the parcel has been substantially devalued lroni the time prior to the current C&D Plan becoming applicable and today. Prior to the C&D Plan the existing sewer line under Pierce Road was available, making the Change Area a buildable lot. The abutting neighbor to the south was able to tic into such sewer line just prior to the C&D Plan being applicable. Coupled with the soil conditions identified in Section 3(a), above, the inability to utilize the existing sewer main tinder Pierce Road renders a previously valuable, build-able piece of real property, un-buildable,and without real value. (c) Proposed Uve Is An Important Use Under The C&D Plan: The C&D Plan provides a very compelling story of the importance of adding local farmland to Connecticut that will provide a local source of foods. Our plan with the Change Area is to relocate our family to the Change Area to operate a fruit and vegetable farm on a large portion of the Change Area and to sell the produce locally. The Change Area's location in-between two main roads in South Windsor provides high visibility and make it an ideal location for such a use. This Change Area is the only parcel currently available in. South Windsor with at least 20 acres of lanJ3, making the interim change necessary for us to build a home on the Change Area so that a new owner occupied small farm can be created and maintained in South Windsor. (d) Parlial Approval Under The C&D Plan For Sewer Access Is Not Viable: The current C&D Plan map as on file in South Windsor currently provides that a portion.of the Change Area is classified as "Growth Area" and the rest of the Change Area is classified as "Preservation Ara' or '-Rural Lands." That portion of Change Area identified as Growth Area, which would allow for access to the existing sewer line, only applies to tin-buildable portions of the property (those areas being within the CL&P right of way and within the delineated wetlands and associated upland review areas). Certain other dry, build-able areas exist upon the Change Area, but are identified "Preservation Area" and/or "Rural Lands" in the C&D Plan. The interim change does not seek to change the overall use of the Change Area as allowed by the C&D Plan, but simply seeks to revise the locations of the "Growth Area" so that the buildable envelope, per South Windsor land use requirements and deed restrictions, matches the Change Area's "Growth Area" use classification under the. C&D Plan. 5. Mame and Address of Prqpero� Owner; Nature of Applicant's Interest: The owners of the Parcel are Catherine L. Collins and Deborah Collins-Hagedorn, both of South Windsor, Connecticut. We are the buyers tinder a purchase and sale agreement dated October 13, 2011, 3 Based upon a February 8,2012 search of Realtor.com which confirmed 0 properties available for purchase in South Windsor for over 20 acres. Secretary Barnes February 29,2012 Page 4 oF4 I11ichaelsoit We will contact the OFM in approximately one week to verify that this application has been received, however, should you have any further questions or comments please contact me first with the contact information provided in the letterhead. Thank you for reviewing this application and for your attention to this matter. Best Bards, Be ' min P. Michaelson, Es Encl©sures mAmCmCMER OUArwwu UNUIrD BrATFS , "? nr.PARTtMNl OF I'VIL INTERIOR CEOLOUICAL URVEY 7L- Mph 41 Wm Aj 'AON.- 47 :r owl L -:7 IL "1.0 ti NM Iv I-.. tAMCKSTERCONIC X. n d r vet '•,� a nd Gra eRpi 7t,.. t 'NeWappi 30) r i3M �• ,I IF 4pw BM o r , 1 =Tudo t v �• a(._ Will 252 '' '•`' fir. .i 4 � ," �_— � 27 1.•„- l ,p��O y� �� it• j I -� � � !� , /` �! �r-' •HAM �! � ;, I;` - .. f f' . �s ���4 t ;. f f F �:eT NTFRCMA GE '9' - — 1 r, i+Bu an . + iSa Pit t •, �•� ; a'':'� (N�rthxo f '�':•�• r.• `�,. ,IV Gott f L��and and i �t /' y fCourse - " , 1: 1 It ,W � j \ � / 4 1 It r ` W K p - ' r fie •� t y r, ah ' } rH{I, ne Ti- p,O.BOX 1167 425 SULLIVAN AVENUE SOUTH WINDSOR,Cr 06074 qkdma n PHONE: 860.291.8755 I 25 #" Anniversary 1986-2011 FAX aonalsi .aCO7 www.designprnfesstanalsinri.cQm CIVIL & TRAFFIC ENGINEERS 1 PLANNERS t SURVEYORS 1 CIS ANALYSTS I LANDSCAPE ARCHITECTS 5eroflq Connecticut, f Rhone bland r i • Mr. Benjamin Michaelson I=s bruary ,20 l 89 Windrush Lane Andover,Cl'06232 Dear Ben: Re:1.009 Pierce Bond(Collins Property) South Windsor,Connecticut DPi Proj.No.2236.M + As per your request,the purpose of this Communication is to suntmarire saute of our efforts to date on advancing your development oil the 25 acre Collins property. Members of our staff had every expectation that your building lot would be served by the sanitary sewer line in Pierce Road along the entire frontage of this tract.Accordingly,no septic system testing or design was initially contemplated. Lost year you authorized us to prepare an A-2 boundary survey of the entire:tract,and to engage an aerial topographic vendor to fly the property in anticipation of needing a topographic survey for design and approvals, Soon thereafter we were getting ward from Town staff that it may not be permissible to connect to the sanitary sewer, You then requested that we perform septic system soils testing.'Mat was initially accomplished with one of our + profcfisional engineers,the Town Sanitarian,find a backhoc with operator.The results for that round were unsatisfactory and were not meeting the minimum state requirements. On December 1,201 1 the user with South Windsor's` own Planner Rend Sewer Superintendent,and they confirmed that the Town and state had approved a sewer service area map which precludes sanitary service;to this property. Because:we had dune extensive deep pit soils testing for the lot without avail,we recommended,and you agreed,to engage a soil scientist to search the property for the best candidate area for a septic_system. lie identified it large area in the western portion of the property. You then authorized us to stake out test pits,.and conduct another round of soils testing with the'l'own Sanitarian and bac:khoe/operator.The percolation tests in this area were tot)slaw to support a septic system with the available land area. Our engineers attempted to make it work,but reached the conclusion that it + was infeasible. In discussions with numerous officials,it does appear that the only option available to you is to pursue tan appeal of this regulation,which may constitute a lengthy appeals process. M Please call if you should require further information on our services in this meatier. r « Sincerely, + DESIGN PI OFESSIONALS,INC. « X y By: Pe ,ter R t]eailie • President « Cc:Judy Schuler,P1. - - Andrew Krar, PR Benjamin Wheeler,R.L.A. I awrence{Geissler,L.S. « • r • t # G1\Jabsa2236,M\0mt 2236,M Letto to Client2-24-12.dot t +tk � r � y i f i 1 T t� 1 1 • � L t o � I # St # { yy@y t ••�� f i t t 4 't �� 1 1 ) t i t ) i Yjl j t 4 t t t , t' ) i t t ) 4 # a 8 REVISIONS *"' u unnson 'a enao'w PLOT PLAN MIGHAELSON — I Ay .,.) N CMn A6Ystt 2 f" Cann!C.47 IT GoDoo REAC@ Ftl#p 355.555-3555 52%+)41 gM)f7R.CT SYi-555-555i-F __ _ Y