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Home My WebLink AboutDrain Layers Permit 112 and 116 Concord �tpwM rA O O U 9 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 soe•co AREA CODE 203/644-2511 August 22 , 1986 Mr. Lionel Ross 304 Hilton Drive South Windsor, CT 06074 Dear Mr. Ross : This letter is to inform you that I tried to contact you today regarding the condition of a pavement cut for your domestic water. The trench presents a very dangerous situation on Concord Road. As a result of not being able to contact you, Town forces temporarily corrected the problem. You will be billed for time and materials regarding the correction of this problem. Very truly yours, 4ichrd P. Martel " Town Engineer RPM:bmr cc: M. Gantick, Director of Public Works M. C. Stead, Jr. , Supt. of Streets • I August 15, 1986 Mr. Richard Martel , Town Engineer Town of South Windsor 1540 Sullivan Ave. South Windsor, CT 06074 Dear Mr. Martel: As you remember, we made several telephone calls to you in May followed by our letter of May 28, 1986 to express our concern about the grading around the house which is presently being constructed on the property adjacent to ours on Concord Rd. Since then, we have had more telephone conversations with you in which you assured us that the problem would be resolved before a certificate of occupancy is issued to the owner of the home being constructed. The house is approaching the final stages of construction and although final grading has not been done, there has been additional movement of soil around the house. However, there has been no indication by this soil movement that the builder/owner is making any attempt to change the present rough grade. In our opinion, the grading problem is a direct result of the builder deviating from the plot plan which was submitted to the town as part of the application for a building permit. This plot plan indicated that the elevation of the foundation should have been approximately three feet lower than it currently is. The elevation indicated on the plot plan would have been more in line with the original natural slope of the property. By raising the foundation, the builder has in effect created an artificial hill which did not exist before construction began and as a result, the potential for adverse water run-off onto neighboring properties is now a reality. We feel that the town had the responsibility to foresee through inspection that raising the foundation would create adverse water run-off to neighboring properties and should have taken the necessary steps to notify the builder of the potential problems. Since the foundation was raised, we now feel that the town has the obligation to assure that the builder eliminates the water run-off problem by appropriate final grading or installation of drains. We would appreciate your formally recognizing our concern by acknowledging receipt of this letter with a return letter stating the Town Engineering Department 's stand on the matter and the approach it will take to remedy the situation. We have contacted our attorney and he feels that this letter is in order as a quarantee to us that the town has received our complaint, recognizes our concern and has a plan of action to alleviate the problem. We appreciate your past and future cooperation in this matter. Very truly yours, Richard J. Roback Rose E. Roback 116 Concord Rd. Manchester, CT. 06040 644-1883 cc Thomas D'Auria MEMO TO FILE August 20, 1986 RE': LOT 2 (?) ON CONCORD ROAD RO SS & ROBACK I have been on the Ross Lot no less than four times in response to complaints. The most recent, August 19, 1986, after a heavy rain. I met Mr. Ross again. He was in the process of attaching the meter box to the house. The only recent earth work done was that morning with a hand shovel to provide a small ditch to the street to accommodate this mornings rain in response to Rick Martel' s call. Since the foundation was back filled, there appears to be little or no earth work next to the Roback's. Mr. Ross did indicate his intention to install railroad ties on the north side of the house to accommodate the grade differential. Mr. Ross has been responsive to our calls. A. B. Davies Deputy Town Engineer ABD/jsv RICHARD M. RITTENBAND ATTORNEY AT LAW 1734 ELLINGTON ROAD SOUTH WINDSOR,CONNECTICUT 06074 (203)644-2456 April 1, 1987 Richard P . Martel, Town Engineer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Certificate of Occupancy at 112 Concord Road Dear Rick: This will confirm our discussions regarding the above property. The State Building Code, which the Town follows, Sec- tions 119. 1, 114. 4 and 112 , 6, provide that no Certificate of Occupancy shall be issued if the subject building has not been built in accordance with the plot plan or site plan submitted. You have advised me that the foundation and height of the build- ing as built at 112 Concord Road are higher than the elevation shown or1 the previously submitted plot plan. This has caused concern by the residents next door at 116 Concord Road as to the possibility of additional runoff onto their property because of the higher elevation, and they have indicated objection to the situation. Based upon the above Sections of the Code and the above facts, a Certificate of Occupancy should not be issued. However, I believe a practical compromise is possible that should allow a Certificate of Occupancy and still meet the concerns of they neighbors. Since the building has already been built, although not in accord with the plot plan, it seems un- fair and impractical to force the owner to tear down the structure, lower the foundation and start over. The neighbor has not sug- gested that and according to their attorney would be satisfied if their concern about additional runoff is removed. Accordingly, I suggest the following procedure : 1. Have the owner of 112 Concord Road submit a de- tailed plan showing the location, the depth, width, etc. , of a proposed drainage ditch that would prevent the runoff. 2. If you are satisfied that such plan will prevent the runoff, submit a copy to the neighbor, Mr. and Mrs . Roback, so they can show it to their engineer. -2- 3. Assuming they are satisfied, they will then provide the Tc.wn with a hold harmless agreement to the effect that if the ditch is constructed in accordance with the plot plan, they will hold the Town harmless from any damages concerning runoff result- ing from the issuance of a G.O. 4. Then, you should advise the owner that as to this issue a C.O. will be issued upon completion of, with an agreement to maintain, the drainage ditch. Upon completion and submission of the appropriate agreement, the C.O. can be issued. I will provide the latter agreement if the parties desire. Please advise. Thank you. Very truly yours, lchard M. CRittenband Town Attorney RMR:MWD RESIDENTIAL PROPERTY SUMMARY SIDE CARD STREET MAP PARCEL. DEV. LOT CODE c 116 Concord Road AMOUNT Na //� MAILING ADDRESS LOT 010 7.31 109 0570011.6 ACRES DWLG. �/ G RECORD OF TRANSFER DATE VOL. PG SALES PRICE REMARKS: OLITBLDG. Roback, Richard J. & Rose .E. (Sure) 6-16-59 72 188 None ^ CONDO Ref: 7-6-70 132 174 all3 LOT ACRES DWLG. OLITBLDG. at CONDO TOTAL RESIDENTIAL PROPERTY SIDE L CARD�R STREET ) "?/ ,Concord Rd MAP PARCEL. DEV. LOT CODE SUMMARY G �.,( !i OS7O GDG3,� OSG/ L 3B MAILING ADDRESS `364z i1 Gf AMOUNT 0/Y .Dt" LOT /,�OUN 130 24 3 ACRES * RECORD OF TRANSFER DATE VOL PG SALES PRICE REMARKS:Ii QC DWLG.G—Thrall, Beatrice M. OUTBLDG. )+ °' 1-10-68 122 523 S ,cvl j2in CONDO Ross, Lionel A. & Adelaide V. (Surv) 4-4-86 ', 430 149 41 500 W3 AV ea' 130-7 TOTAL /13ZQo G LOT ACRES DWLG. Z�f3oo as 3 .6 U �' OUTBLDG. CONDO i I j TOTAL d LOT �I ACRES DWLG. �r OUTBLDG. i 1 ^ CONDO LOT DIMENSIONS: INTERIOR INSPECTED TOTAL DATE LOT 4 ,;� -.�,_- .mac ;f-� w'-. `� �� tOW N $f4 C 7 Tawn V/ S-Vat ti wG 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 R-CO AREA CODE 203/644-2511 M E M O R A N D U M April 20, 1987 TO: Richard P. Martel, Town Engineer RE: Lionel Ross Etal. , 112 Concord Road Plans dated 3-30-86, 4-29-86 and 4-16-87 Last Thursday, Mr. Ross was in to discuss his house problems on Concord Road. He was attempting to refresh my memory on the circumstances surrounding his home building. The Building Permit plan, 3-30-86 was approved 4-9-86. He said that he came in with the revised plan, 4-29-86, showing substantial original ground contour changes and a revised finish floor because of these field elevations. I apparently acknowledged the changes with my normal recommendations. I don't recall the conversation, but the comments as related by Mr. Ross sounded. very much like some- thing I could, or would, have said about the revised plan. An as-built plan, 4-16-87, has been submitted and I shall go through the normal review process for his certificate of occupancy. Other than some backyard grading around the deck and utility connections, I don't see much problem. A. Bowen Davies Deputy Town Engineer ABD/jsv 1 �. .. a ra�/�- r ROBERT J. BOLAND,JR. 4 198 t ATTORNEY AND COUNSELLOR AT LAW APR 178 1.CENTER STREET RICHARD M.RMOBAIYD_ MANCH 85T IiR,CONN ECTIC UT 06040 (203) 646.1466 April 24, 1987 Richard M. Rittenband, Esquire 1734 Ellington Road South Windsor , CT 06074 Re: Your Client: Town of South Windsor My Clients: Richard J. and Rose E. Roback Property: 112 .Concord Road, South Windsor and 116 Concord Road, South Windsor Water Diversion and Drainage Problem Dear Attorney Rittenband: As we have discussed by telephone on numerous occasions, my clients, Mr . and Mrs. Roback, have been experiencing serious problems with the water diversion and flow onto their property at 116 Concord 'Road, South Windsor, CT from the property adjacent to it owned by Lee Ross and known as 112 Concord Road, South Windsor, CT, which property is currently being developed. The construction of the house at 112 Concord Road is contrary to the plot plan proposed by the owner/builder, Lee Ross, which was sub= mitted to and approved by the Town of South Windsor and is on file with the Building Inspector in that the actual elevation of the top of the foundation is approximately three feet higher than the top of the proposed foundation and of the natural slope which existed before construction. Additionally, there has not been compliance with the approved topographical map. Moreover, it does not appear that a topographi- cal map addressing the issues regarding surface water and drainage and taking into account the new higher elevation of the foundation (as compared to the proposed elevation) has been submitted to or approved by the Town of South Windsor. Further, based upon dis- cussions with the engineering department, it does not appear that the original drainage and grading plan as set out on the topographi- cal map submitted to and approved by the Town was reviewed from the perspective of the effect that the proposed development would have on diversion of water and flow onto my clients '"property. By raising the foundation above that indicated on the plot plan, by subsequent back filling and by inadquate planning and review of plans regarding grading and drainage, the natural and historical Richard M. Rittenband, Esquire April 24, 1987 Page 2 drainage and flow pattern has been disrupted and drainage and sur- face water and flow is now being diverted onto the property owned by my clients at 116 Concord Road, South Windsor, CT. My clients have made numerous attempts to resolve this matter. Mr. Roback made numerous phone calls to the Town Engineering Department. Additionally, he sent letters dated March 28 , 1986 and August 15, 198-6 o�the Town Engineer, Rich-a—rcT Martell . Mr . Martell assured my clients that the problem would be resolved prior to the issuance of a certificate of occupancy. Further , Section 4 .13.9 of the Planning and Zoning Regulations of the Town of South Windsor provide that "No certificate of occupany shall be issued until grading plans have been complied with and accepted by the Town Engineer ." The public record does not indicate compliance with grading plans that have been accepted by the Town Engineer . Additionally, as stated, there is the question of whether grading plans consistent with construction have ever been submitted and whether the Town Engineer has done a review of these or any other plans from the perspective of the effect the plan would have on the property of my clients. An application for the issuance of a certificate of occupancy for the house at 112 Concord Road has been submitted to the Town of South Windsor . Thus, in light of the assurances that my client received that the problem would be resolved prior to the issuance of a certificate of occupancy and in light of the legal requirements which must be satisfied prior to the issuance of a certificate of occupancy, I would ask you to review the pending application"for a certificate of occupancy for the house at 112 Concord Road. In the event that the Town of South Windsor does not satisfy all of its legal responsibilities, notice is hereby given that my clients intend to seek legal remedies against the Town of South Windsor for any damages it may suffer as a result of the diversion of water and flow onto their property. Thank you for your attention to this matter. Please call if you have any questions . Sincerely, Robert J. Boland, Jr . RJB: li cc: Mr . and Mrs. Richard Roback __ � `�� r G�L`-'`'c-`�- - __ ��$ �L �, cam-. ,� __ � �---. �--,.: __ �ir� __ <� _ _ __ �SDllM SE,t� r] rV, Y J �w✓'4-f -v 'v'3 ^'m�.� L1�.-'<_.+�.z� v"�J� va.3-'T3'�� w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 �Nasoe•co�� AREA CODE 203/644-2511 M E M O R A N D U M April 27 , 1987 TO: Thomas D'Auria, Building Official RE: Certificate of Occupancy at 112 Concord Road Before I can recommend that a Certificate of Occupancy can be issued for the above referenced house, an "as-built" plot plan that conforms to Section 4 . 13 .9 and Section 4 .13.10 of the South Windsor Planning and Zoning Regulations must be submitted. Specifically, existing and proposed contours must be added to the plan along with utility locations. Richard P. Martel Town Engineer RPM/jsv CC: Lionel Ross, 304 Hilton Drive Frank Ahern, Esquire Richard Rittenband, Esquire James Sommers, Kasper Associates C � V S 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 OR•CO AREA CODE 203/644-2511 M E M O R A N D U M March 26 , 1987 TO: Richard Rittenbnad, Esquire, Town Attorney RE: Certificate of Occupancy at 116 Concord Road As per your request, the names and addresses of the individuals involved at the above referenced address are: Richard J. & Rose E. Roback 116 Concord Road South Windsor, CT 06074 Lionel A. & Adelaide V. Ross 304 Hilton Drive South Windsor, CT 06074 The Rosses are the people that have built the new house. Richard P. Martel Town Manager RPM/jsv 5-7 ce� t OwN Sf7 Cl) a 916 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 soR•co_ AREA CODE 203/644-2511 April 21, 1987 Mr. Richard Roback 116 Concord Road So. Windsor, CT 06074 RE: Ross As-Built Dear Mr. Roback: Enclosed please find a copy of the plan submitted for a Certificate of Occupancy at 112 Concord Road. Please review this submittal and get back to me before the end of this month. The State Building Code allows only 10 days in which to approve or deny the request. I expect to be out to inspect the site within the next few days. Very truly yours, Richard P. Martell Town Engineer RPM/jsv Enclosure CC: Richard Rittenband, Esquire Frank Ahern, Esquire . ...,�� ►j� /r7ThLL Ex/sT/.R S 28=00'-30" W /5.00 85.09, fLOT O3 -N 40, L/ONEL 0 ADELA/DE ROSS REAR YA1PD AREA' 2/,26/ S.F M b � �ioUSE LacQ rED As SNOWN•'.4PR/[ /S,/987 /V/F R/CHARD ✓. ROSE E. RORACK 4DACx LOT ® '2" `� »»; :.. .........................::. 0 NF COLLINS C s L/ 4 Q ?:';.<:+<.;.::<.>;�c'•:�:;:i�:79..,�:�`•tfaefirt,tic+�;�:<,»:.>:><:;:>::><;::::«:::> 0W .. .. ..:..:..: ...... x 0 W I w �cx15rW4P A.r.oa.ve , I ----- IK � C x° �O.eoX.Sq N. � AAP,eOX•WATDQ: I u � y^I I SERVICE LOC. I I Il Ik I I kx I I QI jy h N I I ti I I I � � 1 I I L I I tit I I I � 40' BUILDING LINE y1ti� i 90': EE16v cryo).x� `I CENTERL/NE OF�Y/6T/.V4SMACG 0/7z'N Nora:SPoT EL6YAT70A/S i ,� ro Gu � /S•8 T ' AS M64SG2EO kbM F xti AL0,V-* NoR7HS/,0E. I i � I / I I I I tilol Misr. I /OS 66' , I -S 28'GYM'-30"W tiv �V0 BENCH/yAQK CONCCX•'D RVAD M,0 OF'SAaIe NAN,MOLE:E4.2"3 PLAN PREPARED FOR LIONEL 0 ADELAIDE ROSS //2 CONCORD RVAD SOUTf COMM. SCALE: /"=20' E: APR/L /G�/987 REFERENCE MADE 70 MAP ENTITLED " 70,OOGRAPHIC CE,2r/F/ED S414S;rAA171A44Y COReC-CT,XQN/A/4s REGUL- MAP/CONSERVAT/ON aAN THRALL SUBDIVISION PRE- AT/GWS.lt/0rM'�7:--Q WIroVQES.cliE4CTTL7TyELOC4T- P.4/?ED f-OR BEATRJCE /Yl THRALL SOUTH W/NDSOR /01v pF mac' /SESIAO 'N f,/aR* Eom.. CONIV. SCALE 1"=40' DATE: 9-5-85... MEGSON & HEA&R' - CIVIL E/VGINE•ERS & LAND SURVEYORS GLASTONSURY, CONIC.. .GS 9G76 ( 180) ( 200) (210) (220) PQ m ti� so) D 4 0 (106) O t (110) (112) (116) 1 I CONCORD ROAD �F (10) n D ( . � 1 3 y LOT 2 0 132) z v � = v r 1.R. 1 I.R. I00• 9 ROAD I.R. 85.09 BALDWIN 280— � 5` _ KEY MAP 10' WATER SERVICE SCALE 1" = 200' EASEMENT IN FAVOR \ ZONE 4 REAR YARD d REARD o A- 20 OF LOT 2 0 — DRAINAGE FLOW LOT 3 _W 280 � r � - - — ---- xh - - -- AREA __ 21 , 261 S. - _- - NAME - - - K 279— — Conyers, Roy C• & Ruth F. Kevin J. & Quinn, 1 Sheridan, 4 51 _ 4 w CD -- 279 Wasik, Donald E. & Audrey I` J . & °D PROPOSED a N / F R 1 C H A R D Zembko, David & Torchio LOT '4 278— r-T FNos�79.2 _ N 2�e ROSE E. ROBACK Zembko, Nancy `" 39'-4" - 04 —277 Perkins, Paul R. o Gallichant, Thomas A. Trall �� 278. 3 v �� N a W w 20'-B` I , 276 Pasqualini, John & Mary Q 275 Cross, Erving W. & Helen N N Roback, Richard J. & Rose; INV. OUT = 269.0 �, ,o �? Codraro, Richard P. & Shi-1 277 may, n5' 10'* EXISTING l-levenor, Lloyd N. Jr. & Q � � to � HOUSE Holmes, Edward D. & Paul 276 3 ,10 m _11 4 Boggini, Charles L. & Jan a v gEND m 272 �Zj j ��L/ Richard E. & Ma j O r / /,� 9 Seavery, Ellen C Cr _ ( Sharp, Harry M. & i 275_1 40 BU LDING II 4 BEND WITH CLEAN Martin, Zita LINE � OUT TO GRADE MacDonald, Robert H. & a Z 2,t Edberg, Robert- C. & Elsie' o ' Colletti, Joseph M. & Eilel I BENCH MARK' TOP Griffin, Mary E• 1— 44. I.P OF SAN. M.H. Sivo, Nicholas C. & Joann, I R 05.6 8 E L= 266.9 y William F . & P __ _, F Courtney, 272_—_ 2410 — — Foster, Helen W• —n— w"' 66 White, Edith J. ROAy MH 2 EXIST. GAS CONC Rp Thrall, Beatrice M. EXIST. WATER l_ _ Sieminski, Stanley J. & T \� Burgess, George H• & E 9 Sa 1 • C) ► Kilpatrick, Nelson d, & Ij I , cxisT SMH r,: �,�nfe Christo� (10) C•, L O T 2 Zao v J (51 ) J / p D v 132) Z (17) (61 ) p ;U O 280 I.R. 100.09� I.R . C7 (23) - - - -- I.R. 85.09 za +` t 5' S' 2 (29) ( 75, ) BALDWIN ROAD 10' WATER SERVICE i EASEMENT IN FAVOR 19 OF LOT 2 0-i�O REAR YARD c KEY MAP -- SCALE 1" = 200' 27e LOT 3 ZONE A- 20 AREA = 21, 261 S. F. 2 /2 ro —� DRAINAGE FLOW 276 0 NAME STREET ADDRESS 4 / 274 /51 - 4° =m op Conyers. Roy C. �< Ruth f 106 Concord Rd. LOT 4 °° PROPOSED N / F R I C H A R D J . & Sheridan, Key J. & Nuvir, Maureen .A. 3 Carman Rd. HOUSE N Wasik, M. 29 Carr7ian Rd. .Au(ire�E. ex Donald T. FND. = 274.67 N ROSE E. R O B A C K i 39'-4" _ 7emhko, David & Torchio 0 ;t 27q 7emhko, Nancy 10 Carman Rd. Perkins, Paul R. 119 Concord Rd. Gailichant, Thomas A. Concord Rd. k Z-(6 W 20'-8 15' Trail 210 A.v•�r v Pasqualini, .John & Mary 220 Avery INV. OUT=267.6 -i Cr > ° Cross, Erving W. & Helen IA. Avery 1 v 1 Roback, Richard J. & Pose E. 116 Concord a 3r r- !0# EXISTING d m BEND Codraro, Richard P. & Shirley B. Carman Rd. - HOUSE 0 m He�enor, Llo,,d N. Jr. e_ Kathleen f 11 Carman Rd. iL r Holmes, Edward D. & Paula S. _ 17 Carr-rian Rd. _ a � Boggini, Charles !_ . & Jane T. 132 Carman Rd. 40TBUILDING , Seaverv. Richard F . & Martha Carman Rd. LINE II 4 BEND WITH CLEAN OUT TO GRADE �� Sharp. Harry M. Ellen C. 199 Ayer\ o ' Martin, 7ita 2U9 Avery 2T0 IvlacDonald, R b e r t H. & She iia 1A. 219 Aver ZZA a Edherq, Rober C. te- E lsi- B. 229 .Avery L�R —105.6 8� I.P 44. I P BENCH MARK - TOP C.'ollett i. Joseph M. & f ileen k�l. 150 A\,er\ 72` OF SAN. M H. Griffin, Mary E. 164 Avery 2 24 10 cn F= E L= 266.9 �.(O - --_ _ —a S+vo. (-.iL )olas C. & Joann J. 16`) Aver\ EXIST. GAS w-� ��tt Courtney, William F . & Ph\Ili, H. 169 Avery C ONC R D ROAD/ MH 266 -�F CONNED 1h 1 F osier, Helen W. 179 Avery EXIST. WATER ..-».� � f �,�t' ACC`• Ijll� \°Jhite, Edith J, 189 Avery > ,��F �,M �Gl� Thrall, Beatrice M. 200 AvE ry .�01 \� �:Y ji � `ieminski, Stanley J. & Theresa D. 180 Avery 111 6 � I D ; � y* �.�,�, i Burgess, George H. & Esther 175 Avery !LEDGE AND 200 6 I 4 —EXIST SMH �,oz ..��,� 0: 9 9 ZEPARED IN INV IN= 264 .2 ( �26 T.F = 266.9 I # 13032 �� Kilpatrick, Nelson d. & Marjorie M. 60 Concord .ASS D SURVFY 26d D INV. = 258.05 ,i/jf��FSS;CEN?��,-`� - M CartDnF e John Altrois r� tBe Prly,Trill M. 45 Goodh ll Good llf?d�. STANDAf.DS �1� 10NA� �� 'TED DE CE M- Z wtttt� �� Wul te. John N. Px Joan E. 61 Good Hill Rd. CUT 1- ASSOCIATInN 'itts. John C. & Cheryl C. 52 Good Hill Rd. 0 a v =EHAN 1 ,(..5. 11330 °�� oFQ.� MEEHAN ASSOCIATES �Nn %' ='= Consulting Engineers— Surveyors, P.C. 387 North Main Street Manchester, CT 06040 BEING LOT 3 ON A MAP ENTITLED "KEY MAP SU3DIViS1CNANDPLnTPLAN THRALL - PRFPARFn _ MEMO TO FILE August 20, 1986 RE: LOT 2 (?) ON CONCORD ROAD RO SS & ROBACK I have been on the Ross Lot no less than four times in response to complaints. The most recent, August 19, 1986 , after a heavy rain. I met Mr. Ross again. He was in the process of attaching the meter box to the house. The only recent earth work done was that morning with a hand shovel to provide a small ditch to the street to accommodate this mornings rain in response to Rick Martel ' s call. Since the foundation was back filled, there appears to be little or no earth work next to the Roback' s. Mr. Ross did indicate his intention to install railroad ties on the north side of the house to accommodate the grade differential. Mr. Ross has been responsive to our calls. A. B. Davies Deputy Town Engineer ABD/jsv August 15, 1986 Mr. Richard Martel , Town Engineer Town of South Windsor 1540 Sullivan Ave. South Windsor, CT 06074 Dear Mr. Martel: As you remember, we made several telephone calls to you in May followed by our letter of May 28, 1986 to express our concern about the grading around the house which is presently being constructed on the property adjacent to ours on Concord Rd. Since then, we have had more telephone conversations with you in which you assured us that the problem would be resolved before a certificate of occupancy is issued to the owner of the home being constructed. The house is approaching the final stages of construction and although final grading has not been done, there has been additional movement of soil around the house. However, there has been no indication by this soil movement that the builder/owner is making any attempt to change the present rough grade. In our opinion, the grading problem is a direct result of the builder deviating from the plot plan which was submitted to the town as part of the application for a building permit. This plot plan indicated that the elevation of the foundation should have been approximately three feet lower than it currently is. The elevation indicated on the plot plan would have been more in line with the original natural slope of the property. By raising the foundation, the builder has in effect created an artificial hill which did not exist before construction began and as a result, the potential for adverse water run-off onto neighboring properties is now a reality. We feel that the town had the responsibility to foresee through inspection that raising the foundation would create adverse water run-off to neighboring properties and should have taken the necessary steps to notify the builder of the potential problems. Since the foundation was raised, we now feel that the town has the obligation to assure that the builder eliminates the water run-off problem by appropriate final grading or installation of drains. We would appreciate your formally recognizing our concern by acknowledging receipt of this letter with a return letter stating the Town Engineering Department 's stand on the matter and the approach it will take to remedy the situation. We have contacted our attorney and he feels that this letter is in order as a quarantee to us that the town has received our complaint, recognizes our concern and has a plan of action to alleviate the problem. We appreciate your past and future cooperation in this matter. Very truly yours, Richard J. Roback Rose E. Roback 116 Concord Rd. Manchester, CT. 06040 644-1883 cc Thomas D'Auria (OWN Sf, 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �JlosoR,Co�' AREA CODE 203/644-2511 MEMORANDUM December 30, 1986 TO: Richard P. Martel, Town Engineer RE: Mr. Ross, Concord Road Drainage About two weeks ago, I inspected the site during and after a rain and listened to the Roback ° s concern about runoff into their property. That afternoon, I talked to Mr. Ross, at 566-5608, to discuss what he intended to do further. He indicated that he had regraded the backyard within the last couple of weeks to direct some of the surface runoff along the southerly side of his lot . He also said that it was his intention to extend the shallow trench along the hemlocks in his front yard, along the north side of his house as soon as he can. He was also aware that the frost was going into the ground at this time and it could be spring before it is done. D A. Bowen Davies ABD/jsv N �� " � ` � �� f � � �� D ------------- 074C Saa& ?A�1� - 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 f�dsoeco�'�' AREA CODE 203/644-2511 April 6, 1987 Mr. Lionel Ross 304 Hilton Drive So. Windsor, CT 06074 RE: Certificate of Occupancy at 112 Concord Road Dear Mr. Ross: Attached please find a copy of a letter from the Town Attorney regarding the above referenced subject. I direct your attention to Item No. 1. It is my understanding that the drainage swale has already been installed. I am requesting that the location and details of the Swale be included on the "As-Built" plot plan that is necessary for a certificate of occupancy. If you should have any questions, please give me a .call. Very truly yours, Richard P. Martel Town Engineer RPM/jsv Enclosure CC: James Sommers, Kasper Associates May 28, 1986 Mr. Richard Martel , Town Engineer Town of South Windsor 1540 Sullivan Ave. South Windsor, CT 06074 Dear Mr. Martel : This letter is a follow-up to the telephone conversations that we had with representatives of the Town Engineering Department on Monday, May 19, 1986 and on Friday, May 23, 1986. In these conversations, we expressed concern over a potential problem with water flow onto our property because of construction which is currently taking place on Concord Rd. next to our home. The height of the foundation for the home which is being built next door to us, its set-back location and its closeness to our property line ( 10-12 feet ) leads us to believe that unless proper care is taken in backfilling and in landscaping around the home being built, a problem could arise with water flow during heavy rains and spring snow melt. We understand that the South Windsor Engineering Department approves and accepts site work and finished grading around structures on building sites. For this reason, we have requested that a town engineer make a visit to the building site in question to appraise the situation and to ensure that the necessary steps will be taken to avoid problems with water run-off onto our property. We have lived at 116 Concord Rd. for the past twenty-six years and because we had judiciously graded we have had no problems with water flowing from adjoining properties. However, there has been considerable water run-off in the past through the field in which the homes are presently being constructed. This run-off has been especially serious during snow melt and for this reason we are apprehensive that water could be diverted onto our property because of inappropriate grading around the present construction site. We would appreciate your written acknowledgement of receipt- of this letter and your keeping us informed of your findings, opinions and decisions regarding this situation. It is very important to us that steps be taken now and all parties involved be informed to avoid potential difficulties and expense in the future. Very truly yours, Richard J. Roback Rose E. Roback 116 Concord Rd. Manchester, CT. 06040 644-1883 RICHARD M. RITTENBAND ATTORNEY AT LAW 1704 ELLINGTON ROAD SOUTH WINDSOR,CONNECTICUT 06074 (203)644-24S6 April 1, 1987 Richard P. Martel, Town Engineer mown of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Certificate of Occupancy at 112 Concord Road Dear Rick: This will confirm our discussions regarding the above property. The State Building Code, which the Town follows , Sec- tions 119. 1, 114. 4 and 112. 6, provide that no Certificate of Occupancy shall be issued if the subject building has not been built in accordance with the plot plan or site plan submitted. You have advised me that the foundation and height of the build- ing as built at 112 Concord Road are higher than the elevation shown on the previously submitted plot plan. This has caused concern by the residents next door at 116 Concord Road as to the possibility of additional runoff onto their property because of the higher elevation, and they have indicated objection to the situation. Based upon the above Sections of the Code and the above facts , a Certificate of Occupancy should not be issued. However, I believe a practical compromise is possible that should allow a Certificate of Occupancy and still meet the concerns of thet neighbors. Since the building has already been built, although not in accord with the plot plan, it seems un- fair and impractical to force the owner to tear down the structure, lower the foundation and start over. The neighbor has not sug- gested that and according to their attorney would be satisfied if their concern about additional runoff is removed. Accordingly, I suggest the following procedure: 1. Have the owner of 112 Concord Road submit a de- tailed plan showing the location, the depth, width, etc. , of a proposed drainage ditch that would prevent the runoff. 2 . If you are satisfied that such plan will prevent the runoff, submit a copy to the neighbor, Mr. and Mrs . Roback, so they can show it to their engineer. -2- 3. Assuming they are satisfied, they will then provide the Tcwn with a hold harmless agreement to the effect that if the ditch is constructed in accordance with the plot plan, they will hold the Town harmless from any damages concerning runoff result- ing from the issuance of a C.O. 4. Then, you should advise the owner that as to this issue a C.O. will be issued upon completion of, with an agreement to maintain, the drainage ditch. Upon completion and submission of the appropriate agreement, the C.O. can be issued. I will provide the latter agreement if the parties desire. Please advise. Thank you. Very truly yours , lilchard M. Rittenband Town Attorney RMR:MWD �OVI 8f4 O s w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 It��oSOR,CO AREA CODE 203/644-2511 May , 1987 P4 E M 0 R A N D U M TO: Mr. Thomas D'Auria, Chief Building Official RE: Certificate of Occupancy at 112 Concord Road I have reviewed the attached plot plan and determined that the Certificate of Occupancy can be issued relative to the requirements and responsibilities of the Bureau of Engineering. I have inspected the site and the swale is operable and does exist as per the attached plot plan. Richard P. Martel Town Engineer RPM/jsv CC: Richard Rittenband, Esquire- Frank Ahern, Esquire Robert J. Boland, Jr. , Esquire NN of SOUTH WINDSOR, PUBLIC WORKS DEPT. Priority � No. VEST FOR INVESTIGATION ❑ WORK REQUEST ❑ Date (individual,Division, Bureau, Department) jested by " C tUPhone �'Y'/._ Address f/ �c;/J O►� IAJQT C %f� ructions O C� cvCl� PORT u� (0926�� Bureau Chief or 0 Department Head te Completed