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HomeMy WebLinkAboutESTABLISHEMENT OF REGULATED WETLANDS BOU 3 1 l TOWN OF SOUTH WINDSOR INLAND VITLAND, WATERCOURSES AND CONSERVATION APPLICATION APPLICATION . RATt RtCRIVID INSTRUCTIONS 1. The application, map and plant must be submitted in triplicatec together with the fee set forth in the Inland Wetlands, Watercourses and Conservation Regulations, Town of South Windsor. (See Regulations, Section VI). 2. The South Windsor Inland Wetlands, Watercourses and Conservation Regulations should be reviewed aith respect to the standards and criteria for application evaluation. (See Regulations, Sections VIII - x). 3. The applicant understands that this application is to be considered complete only when all information and documents required by the Agency have been submitted. (See Regulations Section VII). A. APPLICANT'S NAME QrxiarQ Devel=rs (Mr. Paul Capuano) ADDRESS . 1208 Crarwell Avenue may Hill . Cr 06067 PHONES (HOME) CROPI) 721-8220 B. LEGAL OWNER'S NAMES Same ADDRESS PHONES (HOME) (WORK) (Litt additional owners, Addresses, and phone numbers on back of application). C. IF THE APPLICANT IS NOT THE OWNER OF THE SUBJECT PROPERTY, A LETTER BY THE PROPERTY OWNER(S) AUTHORIZING Till PROPOSED INGULATED ACTIVITY SET FORTH 114 THE APPLICATION MUST ACCOMPANY THIS FORM AND WILL BE PART OF THE APPLICATION. D. PROJECT NAMES (if any) Beldon Road Property (Residential Zone) 1. Contact Person (if further information is needed). Peter DeMallie, DPI, 1170 Ellington Road, S. Windsor, CT 06074 291-8755 John Ianni,Highland Soils, P.O. Box 337, Storrs, CT 06268 742-5868 E. THE GEOGRAPHICAL LOCATION OF THE PROPERTY WHICH IS TO BE AFFECTED BY THE PROPOSED REGULATED ACTIVITIES INCLUDING A DESCRIPTION OF THE LAND IN SUFFICIENT DETAIL TO ALLOW IDENTIFICATION OF THE PROPERTY ON THE INLAND USTLAND AND UATERCOURSES MAP. See attached A-2 survey. Property is west of Beldon Pvad and south of Governors Highway. PAGE 1 c F. NAMES OF ALL ABUTTING PROPERTY OWNSRSs (USE SEPARATE $HEST IF NECESSARY)No regulated activities proposed with this application. Declaratory ruling only requested for wetlands limits. Abutters list is attached. G. HAVE YOU NOTIFIED ALL ABUTTING PROPERTY OWNERS BY CERTIFIED LETTER THAT AN APPLICATION IS PENDING BEFORE THE AGENCY?., ` vim_ **(You Are regdirbd to #dppli A copy of the latter aith the list of the names of the abutters).** * Letter attached H. PURPOSE AND DESCRIPTION Oil ALL PROPOSED 1E0t1LATIM ACTIVITY(d) INCLUDING AMOUNT AND TYPES OF FILL AND THE TIME ELT INVOLVEDs No regulated activities proposed with this application. Regulated activities will be proposed in future engineered site plans. . Declaratory ruling only sought with this application. I. A CLASS A-2 MAP OF THE PROPERTY DRAWN TO 1'-4009 SHOWING THE AREA TO BE DEVELOPED. EXTENT OF THE WETLANDS AND WATERCOURSES AFFECTED1, TOPOGRAPH, EXISTING AND PROPOSED ACTIVITIES AND NAMES AND LOCATIONS OF ADJACENT PROPERTY OWNERS MUST BE SUBMITTED. J. ACREAGE OF WETLANDS AND WATERCOURSES TO BE ALTEREDs N/A K. ACREAGE OF WETLANDS AND WATERCOURSES TO BE CREATED: N/A L. LINEAL FEET OF PROPOSED STREAM ALTERATION N/A H. TOTAL LAND AREA OF PROJECT AND PERCENTAGE WHICH IS WETLANDS: 26± acres/9.2% N. IDENTIFY ALL OTHER PERMITS OR APPROVALS THAT NAVE SEEN ISSUED, APPLIED FOR, OR REQUIRED WITH RESPECT TO THE PROPOSED ACTIVITY SST FORTH IN THIS APPLICATION. (These may include but not be limited to, local Planning 6 Zoning, toning Board of Appeals, D.E.P. , F.E.H.A. , D.O.T. . The Army Corps of Engineers, and any other State, Local or Federal Permits.) No activities proposed. Future applications will request approval of regulated activities. 0. THE APPLICANT (OR DESIGNATED REPRESENTATIVE) HEREBY ATTESTS THAT A SIGN WILL BE POSTED AT THE FOLLOWING LOCATION/S Beldon Road & Governors Highway by Applicant Nag Paul Capuano ON OR BEFORE THE FOLL TE directed Tmm staff .(at least 5 s ore Faring) . SIGNATURE: THESE SIGNS MUST BE DISPLAYED CONTINUOUSLY FOR AT LEAST FIVE DAYS PRIOR TO SCHEDULED MEETING. (See Regulations, Section 6.3a). PAGE 2 t THE UNDERSIGNED HEREBY APPLIES FOR THE REGULATED ACTIVITIES LISTED IN PARAGRAPH H ABOVE, FOR A INLAND WSTLANDo WATERCOURSES AND CONSERVATION PERMIT FOR THE PROPERTY DESCRIBED HEREIN AND CONFIRMS THAT: 1. HE IS FAMILIAR WITH THE CURRENTLY EFFECTIV$ INLAND WETLAND, WATERCOURSES AND CONSERVATION REGULATIONS OF THE TOWN OF SOUTH WINDSOR. 2. HE/SHE UNDERSTANDS THAT AT ANY TIME DURING THE REVIEW PERIOD, THE AGENCY MAY REQUIRE THE APPLICANT TO PROVIDE MORE INFORMATION ABOUT THE WETLANDS AND/OR WATERCOURSES IN QUESTION AND/OR ANY PROPOSED ACTIVITY. 3. ALL INFORMATION SUBMITTED IN THE APPLICATION FOR REVIEW SHALL BE CONSIDERED FACTUAL, OR IN THE CASE OF ANTICIPATED ACTIVITY, BINDING. A KNOWING FAILURE OF THE APPLICANT OR ANY OF HIS/HER AGENTS TO PROVIDE CORRECT INFORMATION. OR PERFORMANCE EXCEEDING THE LEVELS OF ACTIVITY ANTICIPATED$ SHALL BE SUFFICIENT GROUNDS FOR REVOCATION OF ANY PERMIT UNDER THESE REGULATIONS . 4. BY MAKING THIS APPLICATION. THE APPLICANT GIVES PERMISSION TO THE INLAND WETLAND. WATERCOURSES AND CONSERVATION COMtrIISSION MEMBERS ANn/OR ITS REPRESENTATIVE TO ENTER THE PORTIONS OF THE PREMISES WHICH ARE SUBJECT OF THE APPLICATION FOR THE PURPOSE OF INSPECTION AND INVESTIGATION AND OTHERWISE EVALUATING THE MERITS OF THE APPLICATION BOTH BEFORE 197 T INAL-DECISION HAS BEEN ISSUED. 7),11 h A J. Signature o Applican Date Received and filed at the office of the Planning Department this D day f 19 7 Signature of Agent Date �������*e INLAND WETLA FEE RECEIVED YES_, NO AMOUNT CONSERVATION COMMISSION DATE RECEIVED by HEARING DATE HEARING ADV. (1)_(2) PERMIT GRANTED DATE PERMIT DENIED DATE PAGE 3 Abutting Property Owners of Beldon Road Property Application #89-41W 1. Senger, Victor I., Jr. & Maryilyn M. 66 Edgewood Drive 2. Deglaccmo, Fred S. & Joan M. 58 Edgewood Drive 3. Blowers, Willard G. & Janice M. 50 Edgewood Drive 4. Thorpe, Rosalle B. & Fred S. ' 42 Edgewood Drive 5. Cancel, Wilfredo R. & Sonia 34 Edgewood Drive T 6. Andrews, Rose Ann 26 Edgewood Drive 7. Paul H. D=ont & Jill Winter 18 Edgewood Drive , 8. Pasquale J. & Aurora Capano 10 Edgewood Drive 9. Solanson, Samuel & Mary C. 363 Hilton Drive ■ ?esigg fessionals,o inc. civil engineers • planners • surveyors LETTER OF TRANSMITTAL ■ TO: Mr. John Moran DATE: May 24, 1989 Inland Wetlands Agency/Conservation Camdssion 1540 Sullivan Avenue South Windsor, CT 06074 REGARDING: Capuano Try PROJ. NO. 87-188 Beldon Road South Windsor, Connecticut WE ARE SENDING YOU: for your use at your request X for approval for your files for review and comment THE FOLLOWING: Caupleted application fom and map portraying regulated inland wetlands, as flagged by Mr. John Ianni, Certified Soil Scientist, of Highland Soils. We respectfully request a declaratory ruling of the Commission pursuant to Section 3.1(1) , in order to accept these wetlands limits. Thank you. Design;Profes ionals, Inc. By: eter R. DeMallie Principal 1170 Ellington Road (Route 30), South Windsor, CT 06074 0 (203) 291-8755 HIGHLANDS01 JUN 2 1989 May 31, 1989 DESIGN PROFESSIONALS INC. Mr . Peter DeMallie Design Professionals 1140 Ellington Road South Windsor, CT RE: WETLAND DELINEATION - CAPUANO PROPERTY BELDON ROAD, SOUTH WINDSOR Dear Peter : The wetland boundaries on the above-referenced property were field delineated on April 5, 1989. The delineation was conducted in accordance with the standards of the National Cooperative Soil Survey and the definition of wetlands as found in the Connecticut General Statutes Chapter 440, Section 22a-38. I have reviewed the plans prepared by Design Professionals and have found the representation of the field delineated wetlands to be substantially correct. The land is mostly cleared fields although some areas of forest were found along existing drainage ditches and along the property borders. The wetland soils were identified as being from the Walpole Series while the nonwetland soils were from the Ninigret Series. P.O. Box 337,Storrs,Connecticut 06268 • (203) 742-5868 Mr. Peter DeMallie Page Two May 31, 1989 The existing drainage ditches were not classified as wetlands. These ditches do not convey water but were used as an attempt to lower the water table. The soils formed over loamy and sandy deposits. Very truly yours, r G�- John P. Ianni Certified Soil Scientist r 40,014 c� Tia o-Ps ?An� �(d 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 l�osoR.co� AREA CODE 203/644-2511 June 27, 1989 TO: John M. Moran, Jr. , Chairman, Inland Wetlands Agency/ Conservation Commission FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer ijr4 RE: Application #89-41W, Capuano Developers (Paul Capuano) , 1208 Cromwell Avenue, Rocky Hill, Ct 06067, no regulated activity, declaratory ruling sough for this application on property E' - located at Beldon Road and Governor's Highway, RR and A20 zone. DOCUMENTS REVIEWED: Application form, plans dated 5/22/89, and soils report from Highland Soils dated 5/31/89 . COMMENTS: 1 . John P. Ianni, Soils Scientist, identified the wetlands on site. This statement is on the plans and a report has been submitted. 2 . There is no activity proposed at this time. They are requesting declaratory ruling per section 2. 1j of the regulations and future applications would request approval of the regulated activities . Since no activity is proposed with this application it would have to be acted on under section 3 . 3, Exemption Procedure. 3 . Of the 26 acres included in this lot, 9 . 2% has been flagged as wetlands . 4 . There are two existing drainage ditches on this site. The report from the soil scientist states "the existing drainage ditches were not classified as wetlands . The ditches do not convey water but were used as an attempt to lower the water table. " 1 July 10, 1989 TO: South Windsor I nd Wetlands Commission Members FROM: C. Normen ! SUBJECT: _ t for Since I will be late for the meeting this evening, I wanted to pass on my thoughts regarding the two applications and procedure to be followed. This is one of the first applications we have had for a declaratory ruling. We have received and acted on a couple of others, as I recall . We have also acted on some applications which had no regulated activities but are provided for in our regulations. Section II , 2.1 . j states, "the regulated area shall be that which actually exists and will be determined by a declaratory ruling through the Application Procedure Section VI or the Exemption Procedure Section 3 .3 . " The applicant elected to apply for a declaratory ruling under Section VI , and appropriately so. It is quite apparent after hearing the application that the applicant desired to have the delineation established as it actually exists . Further, the delineation was within the margin of error we can expect given the method in which the Inland Wetlands map was prepared. The public hearing would be optional under Section VI . The applicant was not seeking an exemption from the regulations as Section 3 . 3 provides for. To take the time to go through that process and schedule a public hearing, to me, seems unnecessary. Maybe the decision to process the application under Section 3 . 3 stemmed from the feeling that-Se-ctio_n VI required that be a r gulated activity as a part of the application. Maybe this is a point to be clarified in our next regulation revisions. Some agencies have a special section specifically applying to y declaratory rulings. My recollection from my involvement with the subcommittee that proposed the changes to our regulations was that we opted to provide for declaratory rulings under Section VI when an exemption from regulation was not requested, but a clarification of the boundaries was needed to show where they actually existed. -2- I , therefore, propose that we process the two applications under Section VI and decide whether or not a public h aring is necessary based on our feeling of any controversy or significant deviation from what would have been expected. c: John McCahill Phyllis Mann ��owN aE,4 CIO �- 07es � 1540 SULLIVAN AVENUE . SOUTH WINDSOR. CONN. 06074 ��osoR•co"' AREA CODE 203/644-2511 July 18, 1989 Mr. Paul Capuano Capuano Developers 1208 Cromwell Avenue Rocky Hill, CT 06067 Dear Mr. Capuano: Due to the upcoming August recess, the Inland Wetlands Agency/Conservation Commission is asking all the applicants subject to a public hearing to request a sixty-five (65) day extension to allow for the scheduling of said hearings. A standard form has been enclosed for your convenience. The public hearing for the application referenced above has been scheduled for September 25, 1989, 7 :00 p.m. in the Council Chambers of the Town Hall, 1540 Sullivan Avenue, South Windsor. Please send us this request by August 22, 1989 . We appreciate your cooperation. Very truly yours, ohn M. Moran, Jr. , Chai an Inland Wetlands Agency/ Conservation Commission JMMJr/pmm D - J U L 10,IV South Windsor INLAND WETLANDS AGENCY/ CONSERVATION CQMMISSIQN r July 14, 1989 John M. Moran, Jr. , Chairman Inland Wetlands Agency/Conservation Commission 1540 Sullivan Avenue South Windsor, CT 06074 Dear Chairman Moran: Re: Application # The applicant, poa , hereby requests a sixty-five (65) day extension of the date to schedule a Public Hearing with respect to the above referenced application. Ve truly urs, ■ ?esigp fessionals,o inc, civil engineers • planners • surveyors LETTER OF TRANSMITTAL ■ TO: Marcia Banach, Director of Planning DATE: 8/16/89 TOM OF SOUTH WINDSOR REGARDING: Capuano Residential Tract PROJ. NO. 87-188 Beldon Road D �� South Windsor, Connecticut AUG 17 1989 WE ARE SENDING YOU: South Windsor INLAND WETLANDS AGENCY/ —X_ for your use at your recIOMISERVATION COMMISSION for approval for your files for review and comment THE FOLLOWING: Highland Soils wetlands report delineated by certified soil scientist, John Ianni, specifically noting that the drainage ditches on the site were not classified as wetlands. Thank you. Design Professionals, Inc. By: 4ephen B.�icardi / Project Planner cc: Mr. John E. McCahill Paul Capuano Edwin Lassman 1170 Ellington Road (Route 30), South Windsor, CT 06074 0 (203) 291-8755 •�a�� SEP 14 19M C � T-a aps ?d&U&01t � V 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R•C0 / AREA CODE 203 644-2511 l��SO � TO BE PUBLISHED IN THE JOURNAL INQUIRER MONDAY, SEPTEMBER 9, 1989 TO BE PUBLISHED IN THE JOURNAL INQUIRER FRIDAY, SEPTEMBER 22, 1989 REVISED LEGAL NOTICE INLAND WETLANDS AGENCY/CONSERVATION COMMISSION TOWN OF SOUTH WINDSOR Notice is hereby given that there will be a Public Hearing of the Inland Wetlands Agency/Conservation Commission on Monday, September 25, 1989 at 7 :00 P.M. in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor to consider the following: 1 . Appl.#89-50P, Clark Corners (John Samsel) 152 Deming St. , IWA/CC permit for a site plan located on the southeast corner of Ellington Rd, easterly side of Clark St. and northerly side of Deming St. , RC zone 2 . Appl.#89-41W, Capuano Developers (Beldon Rd) 1208 Cromwell Ave. , Rocky Hill, no regulated activity, declaratory ruling sought for this application on property located at Beldon Rd. and Governor's Hwy, RR & A20 zone. 3 . Appl.#89-39P, Governor's Square Business Ctr. (Capuano Developers) no regulated activity, declaratory ruling sought for this application on property located on the easterly side of Nutmeg Rd. and southerly side of Governor's Hwy, IP zone. 4 . Appl.#89-52P, Pin Oaks (Lawrence Fiano) , 71 Woodland St. , Manchester, IWA/CC permit for a subdivision located on the westerly side of Clark St. , northerly of Stanley Dr. , RR zone. James Lombardi, Acting Chairman Inland Wetlands Agency/ Conservation Commission Town of South Windsor pmm r T-0 074e ?d&U&Ot 9 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•CO� AREA CODE 203 644-2511 September 14, 1989 TO: Current Abutter: FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer 9� RE: Public Hearing of the Inland Wetlands Agency/Conservation Commission Pursuant to section 9 .5 of the Inland Wetlands Agency/Conservation Commission regulations, as an abutting property owner, you are hereby notified of the Public Hearing to be held on September 25, 1989 at 7 :00 p.m. in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue. Please see the enclosed public notice to identify the site to which you are an abutter. If you have questions regarding the application, feel free to call the South Windsor Planning Department at 644-2511 . Thank you for you attention. Fesign rofessionals, inc. civil engineers • planners • surveyors LETTER OF TRANSMITTAL ■ TO: Mr. John McCahill DATE: 9/26/89 Zoning/Wetlands Enforcement Officer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 REGARDING: Capuano Residential Tract PROJ. NO. 87-188 Beldon Road South Windsor, Connecticut WE ARE SENDING YOU: for your use X_at your request for approval for your files for review and comment THE FOLLOWING: One (1) print of a ccmpiled topogranhic base map of the Beldon Road property, at the request of the Inland Wetlands Agency/ Conservation C=ission on 9-25-89. Thank you. esign Professionals, Inc. D SEP 26 1989 By: -- South Windsor INLAND WETLANDS AGENCYI %4risf-MATION 4©MMIS5160 1170 Ellington Road (Route 30), South Windsor, CT 06074 0 (203) 291-8755 1 ! �4 ce Tiawn O-Ps V&U&Ot 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074 ��4soR-co AREA CODE 203/644-2511 October 18, 1989 M g M O R A N D U M TO: Inland Wetlands Agency/Conservation Commission FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer, RE: Application #89-41W, Beldon Road On October 18, 1989 I contacted Doug Cooper, Water Resources Unit, Department of Environmental Protection regarding the existing swales on the property referenced above. In our conversation we discussed the natural characteristics of the swales. Based on my indication that the presence of standing water is for a duration "larger than just the storm incident" , it is his opinion that, "the swales should be declared intermittent watercourses" . This does not preclude the possibility for future development, but would provide for regulatory control of the activity. Enclosure cc: Doug Cooper, Water Resources Unit Department of Environmental Protection Room 117, State Office Building Hartford, CT 06106 - -Paul Capuano John Ianni, Highland Soils Design Professionals Wetland Commissioner' s Training Workshop - Regulated Areas I. Connecticut's Inland Wetland Law A. Two part law - protects wetlands a_nd. watercourses. B. Definitions for "wetlands" - keyed to USDA soil descriptions. C. rWatercourses. defined physical feature - river, . llaak_e, sty, pond; or biological/botanical description - swamp, marsh, L . Additionally, all natural and artificial waterways, ditches and canals are regulated as watercourses. Common sense must be utilized when dealing with the upper reaches of intermittent or artificial watercourses. Was the intent of the law to regulate existing storm drain piping networks that flow only during the storm incident?; we think not. [note: ,, problems with pollution, siltation, and construction of such facilities can be dealt with through other avenues, (i.e. other local laws, ordinances or enforcement actions) ] Operationally, the DEP Water Resources Unit bases its ruling, of the upper limit definition of an "intermittent" watercourse on the following criteria: 1) presence of the waterway on United States Geological Survey (USGS) , Soil Conservation r Service (SCS) , National Wetlands Inventory (NWI) 4 or other natural resource maps and data. 2) physical appearance of waterway in the field, (defined channel, scour, deposits of recent alluvium and detritus) . _ 3) presence of water, or a soil moisture regime, which is persistent enough to begin the process of hydric soil formation, (has "reduction" in soil begun to take place?) . , 4) presence of standing water or flow for a duratio "longer -than just the storm incident" , (i.e. f low of water 'supported by some component, however small, of groundwater outflow or ex-filtration) . 5) presence of hydrophytic vegetation. A PROJECT NAME/LOCATION u��o ® � rJ /Clams �aaU APPLICATION DATE 2 44 NOTE TO THE FILE: R �Qis R CA&PN-14-1-0r► i $ M M ,�c7r o,,� �i.J.� GL'�2C� v I g • -�rU+�n C`�S c v S S i o n or Ci c e-r-&S o �` Cn-i M.i SSA A Si tune t C r ale S-a �. • 1540 SULLIVAN AVENUE . SOUTH WINDSOR. CONN. 06074 R•co� AREA CODE 203/644-25U November 2, 1989 Mr. Paul Capuano Capuano Developers 1208 Cromwell Avenue Rocky Hill, CT 06067 D ar Mr. Capuano: R Application #89-41W - Beldon Road site At the October 30, 1989 meeting, the Inland Wetlands Ag ncy/Conservation Commission approved with modifications Application #89-41W - no regulated activity, declaratory ruling sought for this application on property located at Beldon Road and Gov rnorfs Highway, RR and A20 zone as shown on plans prepared by Design Professionals, Inc. job number 86-142, dated 5/22/89. 1. Black and white transparent mylars of sheets # 1 of 1 with the above modifications, together with two blueprint copies of the entire set of plans, must be submitted to this Commission to be stamped and signed. This must be completed within 65 days of approval prior to any construction activity on the site. 2. All approvals required must be obtained and submitted prior to any activity on the site. 3. The two drainage swales, as shown on the plans, shall be included as regulated areas. Very truly yours, James A. Lombardi, Chairman Inland Wetlands Agency/ Conservation Commission JAL/pmm cc: Jerry C. Iazzet`_:a, Town Engineer Marcia A.Banach, Director of Planning John R. Collins, Chief Building Official Planning & Zoning Commission Peter DeMallie, Design Professionals