HomeMy WebLinkAboutWetlands Permit for Residence MAR 7 5 1993
South Windsor
INLAND WETLANDS AGENCY/
CONSERVATION COMMISSION
TOWN OF SOUTH WINDSOR
INLAND WETLAND, WATERCOURSES AND CONSERVATION APPLICATION
APPLICATION #. — / d DATE RECEIVED `-/—/ —CI ZONE_j�4_
INSTRUCTIONS
1. The application. map and plans must be submitted in triplicate, 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 with 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). Also complete state filing form.
A. APPLICANT'S NAME Andre L. Charbonneau
ADDRESS 125 Edwin Road
South Windsor, CT06074
_PHONE: (HOME) (WORK) 528-7551
B. LEGAL OWNER'S NAME: Ernestine M. CharbonneaL
ADDRESS 125 Edwin R
South Windsor, CT 06074
PHONE: (HOME) (WORK) 528-7551
(List 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 THE PROPOSED REGULATED ACTIVITY SET FORTH IN THE APPLICATION MUST
ACCOMPANY. THIS FORM AND WILL BE PART OF. THE APPLICATION.
D. PROJECT NAME: (if any) None
1. Contact Person (if further information is needed).
Andre K. Charbonneau 528-8826
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 WETLAND AND WATERCOURSES MAP.
See attached plans.
F. NAMES OF ALL ABUTTING PROPERTY OWNERS: (USE SEPARATE SHEET IF NECESSARY)
See attached plans.
G. HAVE YOU NOTIFIED ALL ABUTTING PROPERTY OWNERS BY CERTIFIED LETTER'THAT AN APPLICATION IS
PENDING BEFORE THE AGENCY?.
y�_ ,_owss **(You are required to supply a copy of the letter with the list of the names of
the abutters) .**
H. PURPOSE AND DESCRIPTION OF ALL PROPOSED REGULATED ACTIVITY(S)' INCLUDING AMOUNT AND TYPES
OF FILL AND THE TIME ELEMENT INVOLVED: an existing
To allow the following within a r area
footbridge to remain (b) Allow two existing to remain c
Allow flagpole to remain (d) Allow drain pipe along
to remain (e) Allow concrete pad to remain.
I. A CLASS A-2 MAP OF THE PROPERTY DRAWN TO 1"-409 , SHOWING THE'AREA TO BE DEVELOPED, EXTENT
OF THE WETLANDS AND WATERCOURSES AFFECTED, TOPOGRAPH, EXISTING AND PROPOSED ACTIVITIES
NAMES AND LOCATIONS OF ADJACENT PROPERTY OWNERS MUST BE SUBMITTED.
Bridge 0.12± Ac.
J. ACREAGE OF WETLANDS AND WATERCOURSES TO BE ALTERED: Stonewalls 0 05 An
K. ACREAGE OF WETLANDS AND WATERCOURSES TO BE CREATED: 0
0
L. LINEAL FEET OF PROPOSED STREAM ALTERATION
M. TOTAL LAND AREA OF PROJECT AND PERCENTAGE WHICH IS WETLANDS:
20.62 Acres
W _ 33.5% Wetlands
N. IDENTIFY ALL OTHER PERMITS OR APPROVALS THAT HAVE BEEN ISSUED, APPLIED FOR,
0R REQUIRED
EQ I ED
WITH RESPECT TO THE PROPOSED ACTIVITY SET FORTH IN THIS AP
de
but not be limited to, local Planning & Zoning, Zoning Board of Appeals, D.E.P. , F.E.M.A. ,
D.O.T. , The Army Corps of Engineers, and any other State, Local or Federal Permits. )
A wetlands permit was Inlands Wetland
Commission for pond dredging and excavating along the edges of the bond.
0. THE APPLICANT (OR DESIGNATE$ REPRESENTATIVI) HEREBY ATTESTS THAT A SIGN WILL BE POSTED AT
THE FOLLOWING LOCATIONS ne sign along rontage on Abbe Road and one sign
along frontage on Miller oa .
by Applicant NAME Andre L. C'harh�nnPai�
ON OR BEFORE TH , FOLLO NG DATE:
3 '�—sa- 3 - 3 i -01
SIGNATURE:
THE UNDERSIGNED HEREBY APPLIES FOR THE REGULATED ACTIVITIES LISTED IN PARAGRAPH H ABOVE, FOR
A INLAND WETLAND, WATERCOURSES AND CONSERVATION PERMIT FOR THE PROPERTY DESCRIBED HEREIN AND
CONFIRMS THAT:
1. HE IS FAMILIAR WITH THE CURRENTLY EFFECTIVE INLAND WETLAND, WATERCOURSES AND CONSERVATION
REGULATIONS OF THE TOWN OF SOUTH WINDSOR.
2. HE/SHE UNDERSTANDS THAT AT ANY TIME DURING THE REVIEW PERIODDiORTHE
WATERCOUR ES IN REQUIRE
QUESTZON
APPLICANT TO PROVIDE MORE INFORMATION ABOUT THE WETLAND �
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 MARING, THIS APPLICATION, THE APPLICANT GIVES PERMISSION TO THE INLAND WETLAND,
WATERCOURSES AND CONSERVATION COMMISSION MEMBERS AND/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
BEF E AND AFTER A FINAL DECISION HAS BEEN ISSUED.
(Andr4 L. Charbonneau)
a u e of Applicant Date March 15, 1993
Received and filed at the office of the Planning Departme t this
7
da of 19
Signature of Agent Date
FEE RECEIVED YES_ NO_ AMOUNT
DATE RECEIVED �5- by
HEARING DATE HEARING ADV. (1) (2)__,__,_
PERMIT GRANTED DATE PERMIT DENIED DATE
DRAINAGE 'EASEKENr
KNOW ALL MEN BY THESE PRESENTS, that
of
, for the consideration of
ONE DOLLAR ($1 . 00) AND OTHER VALUABLE CONSIDERATIONS, received to
her/his/its full satisfaction of THE TOWN OF SOUTH WINDSOR, a
municipal corporation chartered under the laws of the State of
Connecticut, do give, grant, bargain, sell and confirm unto the said
TOWN OF SOUTH WINDSOR, its successors and assigns forever, a
perpetual right to lay, install, maintain, inspect, operate,
construct, use, alter, repair, replace, and remove storm water or
storm drainage systems and appurtenances thereto, in, through, upon
and over certain pieces or parcels of land as described in Exhibit A.
Within said parcel(s) described in Exhibit A, the Grantee,
her/his/its successors and assigns, shall have the right to cut trees
and bushes as may be convenient or necessary and to remove structures
thereon, and to pass and repass with men and equipment, to operate
equipment and install materials incidental to the construction of
said storm water or storm sewer lines, storm water or storm sewer
pipes, or storm water or storm drainage systems and to excavate and
fill, and, if necessary, to alter existing water courses or form
embankments over said storm water or storm sewer lines, storm water
or storm sewer pipes, or storm water or storm sewer drainage systems.
The Grantor herein, for herself/himself/itself,
hers/his/its successors and assigns, shall not erect or allow to be
erected any immobile structures on said easements or rights-of-way
and shall not plant or allow to be planted or grown any trees thereon
or perform any work thereon within said easements or rights-of-way -
which may endanger or interfere with said line, pipe or drainage
systems .
The Grantor herein for itself, its successors and assigns,
reserves the right to herself/himself/itself, hers/his/its successors
and assigns, to continue to use the land within which the aforesaid
easements or rights-of-way have been granted for any uses and
purposes which shall not in any way interfere with the use thereof by
the Grantee, its successors and assigns, in fulfilling the purpose
for which these easements or rights-of-way are granted.
The Grantee herein, for itself, its successors. and assigns,
agrees to restore and maintain said premises in their original
condition as nearly as possible commensurate with the above use upon
the completion of any maintenance, operation, construction,
replacement or repair work in said easement or right-of-way areas .
f
The Grantee agrees to hold the Grantor, hers/his/theirs and
assigns, harmless from and against any and all damage to property or
person caused by the construction and/or maintenance and repair of
said sewer line:
IN WITNESS WHEREOF, the Grantor has hereunto set its hand
and seal this day of 19 .
Signed Sealed and Delivered GRANTOR:
in the Presence of :
STATE OF CONNECTICUT}
}
COUNTY OF HARTFORD }
On this day of 19 before me,
the undersigned officer,
personally appeared , known to me (or
satisfactorily proved) to be the person whose name is subscribed to
the within instrument and acknowledged that he executed the same for
the purposes therein contained.
In witness whereof I hereunto set my hand.
Notary Public
My Commission Expires
TOWN HALL USE 61MY
.Approved by Town Engineer Date:
Approved by Town Manager - Date:
Received for Record
Time:
VOL PAGE
(Town Clerk)
10/27/93
i
I.1 ,
ABUTTING PROPERTY OWNERS
Thomas C . �edrotty
%.— eld Drive+
South Windsor, CT 06074
Rav cnd G. & Carol 3. Warner
20 Corz=field Drive
South Windsor, CT 06074
J ung K. & Cho Du.{ Kvu Choe
3 4 Corr.Jfie Ild Drive .
South Windsor, CT 060 7-4
RIcnard _ . & Lorraine Del-mont
3 8 Corn-:ield Drive
South Windsor, C^ 06074
Donald .,.\T. & Raran J akad
11 Corn;:.e_ld Drive
SOutn Windsor, CT 060/''
_.red R. & Donna S . Ka sch
25 Dearth s tone Drive
South Windsor,
CT 0607=
Alan & Donna T . G1 tt1eman
J
37 near ohs tone Or_vo
South Windsor, CT 0607.1
Dona_d & orr_ Dz`n
2^5edeaer_e_ Road
SCLY�.i N_ GSOr, ZT 060 7'
:erbert 0. L in
dahl
3's Mr.1_ar Road
South Windsor, . CT 0607''_
Sout._a Windsor 'T'oWFl Ha 1 i
g
5 4 S ul li var. 1a vertu
Scu�h W_ndsor, C':' 06 7
WETLAND CONSTRUCTION SEQUENCE
1. Three standpipes are to be installed in the area of the created wetland in order to
monitor the groundwater hydrology. Groundwater will be monitored from April 7,
1996 to August 7, 1996. The groundwater data will be evaluated by the wetland
construction supervisor, and the exact grades for the construction of the shallow and
deep water marsh will be determined.
2. The anticipated starting date for the construction of the wetland is late August,
1996. Construction of the wetland will take approximately 7 days.
3. Install sediment fence in the area shown on plan.
4. Notify the wetland agent for the Town of South Windsor that the wetland
construction is to begin.
5. Clear trees, stumps, and shrubs from wetland creation area and temporary haul road.
Topsoil is to remain.
6. An excavator will be used for the construction of the marsh. Excavation will begin
on the south end of the marsh starting at the wetland boundary. The marsh will be
constructed by excavating a series of cells. The width of the cell will be determined
by the reach of the excavator. A topsoil berm will be placed on the end of the cell to
keep the water from entering the next cell in series. The excavated material will be
placed in a truck and hauled to the lots on site for fill.
Once the desired depth of excavation is achieved, 8 inches of topsoil from the
mitigation site will be placed in the created wetland to provide a suitable medium for
aquatic plant growth. Once the topsoil is placed in the cell by the excavator(no
bulldozer), the excavator will pull the topsoil berm into the cell. The topsoil will be
graded in the cell to achieve the desired elevation. The replaced topsoil is to be
compacted by the excavator. The excavator will do the majority of the grading.
The finish grading of the replaced topsoil in the marsh will be done manually with a
steel rake and shovel. The finish grading in the cell will be completed before the
excavator starts the next cell. The entire marsh will be created by making cells is a
rig-rag pattern, starting at the south and working northerly until the marsh is
completed.
7. It is acceptable that minor deviations from the contours can occur for the purpose of
"on-site creativity", i.e., extension of benches, additional nesting islands, placement
of turtle stones, stumps, etc.
t.
United States Soil 627 River Street
1 Department of Conservation Windsor, CI' 06095
Agriculture Service
TEL (203) 688-7725
February 1, 1993
TO: Denise Conkling, District Manager
Hartford County Soil and Water Conservation District
FOR John E. McCahill, Zoning/Wedand Enforcement Officer
Town of South Windsor
FROM:J. Eric Scherer, District Conservationist
USDA.,- Soil Conservation Service
RE: Site plan review of South Windsor IWWA Application#93-02W, Charbonneau
Residence
On January 27, 1993 a site plan review was made of the above referenced application at the
request of the Town of South Windsor Inland Wetlands Agency/Conservation Commission.
The Commission has requested assistance in reviewing the possible impacts to water
resources from activities on or around a recently dredged and enlarged pond. The pond in
question had been the subject of a seperate review by this office several years ago (review
dated 4/30/90).
Information used in the review included: a "Topographic Plan -Owner-Ernestine M.
Charbonneau -Developer-Andre L. Charbonneau- 125 Edwin Road -South Windsor,
Connecticut", dated 4-29-92 with revisions dated 1-5-93; Hartford County Soil and Water
Conservation District file No. 79 (files on previous district reports); current Town of South
Windsor IVAVA application. The following information is offered for consideration:
A detailed Operation and Maintenance (O&M) Plan for the pond should be
developed that will protect the existing water resources of the site,including the
pond, surrounding wetlands as delineated on plans and watercourses located outside
of the pond itself. This plan could be adopted as part of a condition of approval of
the application.
In an effort to provide for a healthy pond the O&M Plan should address those issues
that would impact the water resource adversely. This could include the introduction
of nutrients into the water system through fertilizers, addition of organic matter from
grass clippings, and the addition of nutrients from domesticated animals, particularly
water fowl.
O The Soil Conservation Service
Vis an agency of the
Department of Agriculture
Page 2
Delineate the following areas on plans: Native/Natural Wetland Area (located along
the southern pond edge between "Limit of Lawn along the West side of pond" to the
"Existing Rip-Rap"); Highbush Blueberry Area (located from "Existing Rip-Rap" to
"Limit of Lawn on East side of pond"); Moderate Lawn Maintenance Area (located
as a 40 foot buffer around the remainder of the pond area); Low Maintenance Lawn
Area (located between the Moderate Lawn Maintenance Area on the East side of the
pond and the existing upland wooded area adjacent to the conservation casement
area); High Maintenance Area (located between the Moderated Maintenance Area
on the West side of the pond and the proposed house). The difference between the
three lawn areas will be the type of herbaceous plant species recommended, the
frequency of cutting/mowing and the presence or absence of chemical fertilizers.
The Low Maintenance Area will be mowed twice a year to control shrubs and other
woody vegetation. Plant species used here would include wildflowers and taller
growing legumes. No chemical fertilizer would be used in this area. The seed
mixture shown on plans is suitable (birdsfoot trefoil, crown vetch and red fescue).
The Moderated Maintenance Area would be a grass/legume mixture adapted to
moderate mowing to a height of 4 to 6 inches. No chemical fertilizers would be
used. All clippings would be removed from area to reduce potential from entering
pond.
The High Maintenance Area will be maintained as a normal lawn area.
It is recommended that all domesticated water fowl be kept off pond and not to
encourage the over wintering of migratory fowl. The use of the pond by water fowl
will increase the adverse impact to water quality due to the introduction of feces
from the fowl.
Additional considerations can be added to the O&M Plan to ensure the protection of both
on and off site water resources. This office would be available for a review of any further
development of plans for this site.
TWA GG
- '3••R•R vs� (}u De.
Hartford Count Soil and Water Conservation -
y 1Str1Ct
627 RIVER STREET • WINDSOR, CT 06095 • 688-7725
February 8, 1993
Mr. John E. McCahill
Zoning/Wetlands Enforcement Officer
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Dear Mr. McCahill,
In your letter of 1/22/93, you informed us that your commission
had requested the assistance of J. Eric Scherer with matters
involving your' IWWA Application #93-02W (the Charbonneau
residence) .
Enclosed please find the report submitted to me by J. Eric
Scherer, District Conservationist, USDA-Soil Conservation
Service. This report addresses the request made by your
Commission.
Sincerel ,
�y
Douglas Hoskin III
Natural Resour a Planner
i
i
J.R. RUSSO & ASSOCIATES
Land Surveyors&Professional Engineers
Andre L. Charbonneau
Miller Road and Abbe Road,
South Windsor, Connecticut
Site Maintenance Narrative
March 1993
The proposed residential lot consists of 20 .62 acres and is
located at the northeast corner of Abbe Road and Miller Road.
The site will consist of six areas which are delineated on
the plan set and will be described in this narrative as to
establishment and/or maintenance.
A. ) Moderate Maintenance Area (MMA) .
The Moderate Maintenance Area is that land located between
the pond edge and a line 40 ' distant from the pond' s edge as
designated on the plan set. Moderate Maintenance Area will
be planted in a grass/legume mixture and will be maintained
at a moderate mowing height of 4" to 6" . No chemical fert-
ilizer will be used in this area and all clippings will be
removed during mowing. Clippings shall be either removed
from the site or placed in an area where they cannot be
carried back into the pond during a storm event.
Moderate Maintenance Area Seed Mixture
Seed Lbs/Acre Lbs/1000 S.F.
Crown Vetch 15 0 .35
Redtop 2 0 .05
Creeping Red Fescue 20 0.45
The seeding dates for this should be between April 15 and
June 1 or from August 15 through September 15. The Crown
Vetch must be treated with inoculant as reccomended by supplier.
No chemical fertilizer will be used in this area.
B. ) Low Maintenance Area (LMA) .
The Low Maintenance Area (LMA) is that area located between
the MMA and the wooded upland located on the east side of the
pond and the island. This area will be planted in wild flowers
and taller legumes. The area will be mowed twice a year and no
chemical fertilizer will be used.
Seed Lbs/Acre Lbs/1000 S.F.
Birds Foot Trefoil 15 0.35
Crown Vetch 8 0.20
Tall Fescue 20 0.45
1 Shoham Road 9 East Windsor, CT. 06088 • TEL: (203) 623-0569 0 FAX: (203) 623-2485
r 1.
The seeding dates for this should be between April 15 and
June 1 or from August 15 through September 15 . The Crown
Vetch and Birds Foot Trefoil must be treated with inoculant
as recommended by supplier. No chemical fertilizer will be
used in this area.
C. ) High Maintenance Area (HMA) .
The High Maintenance Area (HMA) will be located west of the
MMA on the west side of the pond, as designated on the plan
set. The area will be maintained as a normal lawn would be.
Special care should be taken when applying chemical ferti-
lizers to theIHMA to prevent them from entering the pond. A
50% reduction '',in application rates should be used within a
50 ' distance of the MMA.
D. ) High Bush Blueberry Area.
This area is located at the southeast corner of the pond.
The area will be planted with 10 high bush blueberry shrubs
(vaccinium corlymbosum L. ) . The shrubs should be approximately
24" spread and be balled. No maintenance will be required in
this area andlno chemical fertilizer will be used.
E. ) Native Natural Wetland Area.
This area is located between the south side. of the pond and
Miller Road. No additional plantings or maintenance are
required in this area.
F. ) Pond Area:,
No planting is', required within the pond. The island will be
maintained thelsame as the low maintenance area. Care should
be taken in all other areas to prevent chemical fertilizers ,
grass clippings and other herbaceous plant life from entering
the pond.
Domesticated waterfowl should not be allowed on the pond and
migratory fowl', should be discouraged from inhabiting the pond
and pond bank. The use of the pond by any waterfowl will ad-
versely affect the quality of the water.
J.R. RUSSO & ASSOCIATES
Land Surveyors&Professional Engineers
March 3, 1993
Charbonneau Project
Job No. 92027
Summary
This analysis was conducted to evaluate the effect of the
existing brid a at the north end of the pond on Charbonneau's
property. Th Podunk River flows northerly from Miller Road
through the p nd and across the north property line. This
bridge was no in place when the flood study was conducted.
The study doe indicate a dam structure located at the appro-
ximate location of the bridge. The detailed profile shows
the 100 year flood level at approximate elevation 251 .6.
The flood level increases to elevation 253 .5 at the down
stream side o Miller Road. The study indicated the 100 year
flood overtopS Miller Road by approximately 4.5 feet at
elevation 260.3.
The existing bridge will restrict the flow of the 100 year
flood, raising the flood elevation across the pond above that
indicated in the flood insurance study. This change in ele-
vation will not affect the flow upstream of Miller Road. The
change only affects the Charbonneau property.
Flood Elevations Study With
Q100 = 310 CIFS (W/O Bridge) Bridge
At bridge location 251 .6 253.0
The concrete slab weighs more than the force applied to it by
the 100 year flood.
In our opinio the presence of this bridge does not adversely
affect- properties upstream and downstream of the Charbonneau
property.
1 Shoham Roa • East Windsor, CT. 06088 • TEL: (203)623-0569 • FAX: (203)623-2485
J.R. RUSSO &I ASSOCIATES
JOB c4�
Land SUrVerrs a[ M-donal Engineers SHEET NO. OF
1 Shoha n Road CALCULATED BY DATE
East Windsor, Connecticut 06088
TEL: (203 623-0569 CHECKED BY DATE
FAX: (203)623-2485 SCALE
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J.R. RUSSO & ASSOCIATES JOB
Lmd Sw vertu&fthessional En&eers SHEET NO. OF
I Shohmn Road CALCULATED BY DAT 1
East Windsor, Connecticut W88
TEL: (203)623-0569 CHECKED BY DATE
FAX: (203)623-2485 SCALE
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J.R. RUSSO &I ASSOCIATES JOe
Land Surveyors&PrDfessional Engineers aHEET NO. OF
1 Shoharn Road CALCULATED BY DATEM
East Windsor, C nnect. t 06088
TEL: (203 623-0569 CHECKED BY DATE
FAX: (203 623-2485 SCALE
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TOWN OF SOUTH WIMSOR
IlUaANn WETUMS AGENCY/CONSERVATION COMMISSION
Regular Meeting utes Page 1 March 8 1993
MEMBERS PRESENT: Elizabeth A. Warren, Jeremiah O'Sullivan,
Walter Pekala, Dermot Jones, Julie Raymond,
Susan Smith, Carol Heff ler, and Thomas
Delnicki
PRES : Anthonyecararo sitting for Ronald Morin
ALTERNATES y �
The meeting was called to order at 7 :30 p.m. by Chairman Warren.
ITEM: Minutes
1 . February 1, 193
The minutes of February 1, 1993 were corrected on page 7 by deleting
the following two sentences, 1 ) the motions carried, 2) The votes
were as follows : unanimous . The corrected minutes were accepted by
consensus of the commission. Discussion centered around the new
format of the minutes . The Chairman ruled that the format would
continue unless otherwise stated.
ITEM: New Business
1 . Appl #93-02W, �Charbonneau Residence - IWA/CC permit to allow an
existinq footbridge, two existin stone walls flaqpole, drain
pipe along west side of pond and concrete pad to remain on the
site on property located north of Miller Road and east of Abby
Road, RR zone (tabled at February 1, 1993 meeting)
A summary was requested for this application. This particular
application was before the Commission at it's request (as discussed
with the Town Attorney) because there was a suspension of a- previous
application (90-14P) on the same site due to a violation. The
previous application was to permit a dredging operation and the
construction of anew home on the property.
Attorney James Throwe, representing the applicant, stated that there
was a three lot subdivision approved by the Planning & Zoning
Commission. One of the lots contains approximately 20 acres for the
residence of the Charbonneaus . The two other house lots will be
accessed from Karon Lane. Permission was received from the IWA/CC
and the Army Corp$ of Engineers to dredge the existing pond. The
problems that are being faced on this site have to do with the permit
that was received to dredge the pond and some of the subsequent
activity. It was 'Throwe's opinion that the applicant could commence
construction on the house at any time.
Throwe stated that a new application has been submitted at the
request of the Cm:mission. It includes the bridge, the island with
the flagpole, a single concrete slab on which sits a picnic table
that is located oll" the east bank of the pond, the mowed grass around
the pond, and the two walls that were constructed around two
TOWN OF SOUTH WDIDSOR
INLAID W %ANDS AGENCY/CONSERVATION C@RISSION
Requ1ar Meeting 'Ki mutes Page 2 Narch 8, 1993
trees in an attempt to save the trees. He passed around pictures of
the site to the Commission for their own edification. He introduced
Ussery to the Commission indicating that Ussery would explain to the
Commission the changes in the new application, the existing changes
to be a permitted use, and that the end result would be that the
Commission balance the equity between conservation and the
opportunity for a person to build a house on a 20 acre lot. Throwe
read Section I of the IWA/CC Regulations (Title and Authority) to the
Commission. He said, "in every case where you look at someone who
wants to do a pe itted use in a wetland, there is always some
balancing to be one between the need of the JY
person to enjoy his land
P
and the need of our society to protect the wetland and watercourses
of the State. Ilbelieve that when you finish hearing Mr. Ussery and
when you finish considering the new requests that those things which
were added, which were not in the original permit, you should be able
to come to the conclusion that none of these things will invade the
wetland. None of these things will cause the pollution or destroy
the natural wetlands or the watercourse that flows through this
property but areincidental things that really are something that
should be allowed in a one lot subdivision that has 20 acres. "
Jay Ussery, of J.' R. Russo & Associates and representing the
applicant, submitted a report from the Soil Conservation Service.
(Exhibit A) . He 'reviewed the site for the Commission. All of the
suggestions from the Soil Conservation Service have been applied to
the site. He continued by reviewing the Maintenance areas (Exhibit
B) and the analysis on the existing bridge (Exhibit C) . There will
be no detrimental effect on the homeowners down stream from the
Charbonneaus' projperty.
Removal of the walls around the two trees will do more damage than if
they remained. These walls protect the trees and provide nesting
areas for mice, chipmunks, and snakes.
The concrete pad underneath the picnic table will not cause a
detrimental effect within the regulated area where it is located on
the easterly side] of the pond.
The pipe located on the west side of the pond is an 8" pvc pipe.
Flow on the site 'runs west to east towards the pond. During the
dredging process the pipe was laid to facilitate flow.
Discussion ensued', among the Commission with the following comments
and concerns:
- bird nesting
- on site inspection from SCS
- maintenance schedule
- bridge
- water diversion permit
- 8" pvc pipe located on the westerly side of the pond
TOWN OF SORTS WINDSOR
II D S AGimm /CONSERVATION CCENNISSION
Regular Neeting ]Kinutes Page 3 March 8, 1993
- red stone pile
- leftover I beams
- removal of the concrete slab under the picnic table
- concrete in regulated area
- weight of a Ilbeam and how it will be removed from the east side
of the pond to the west side where the house is planned
- removal of the stockpile
- date when the 'violations were done
Replies to the above comments and concerns:
- mallards and local birds will not be discouraged.
- on site inspe tion from SCS
- a water diver ion is not required in this instance, permits are
needed when water is being taken from one watershed to another if
it is over 1000, acres
- the length of ,the 8" pvc pipe is approximately 35" , the upstream
end of the pi a is not exposed because it is in stone - no way to
get at it to measure the pitch however, water does come out of it
so there mustlbe a pitch to it
- the red stone will be eventuallyused in the construction of the
home
- the leftover I, beams will be used in the construction of the home
- it will take hleavy equipment to remove the concrete slab under the
picnic table causing more damage to the area
- read into the record by Raymond, Section 2.8 of the IWA/CC
Regulations - "Clean Fill" means uncontaminated natural soil or
rock which is inert in terms of leaching and poses no threat,
present or future, of pollution to surface waters or groundwaters.
Moreover, clean fill typically excludes, but is not limited to the
exclusion of: demolition or construction waste materials or
debris (combustible or non combustible) including concrete,
asphalt, pavin materials or by-products; yard wastes, including
branches, limb , brush, shrubs, trees, parts of trees, tree stumps
and similar ma erials grown on or emanating from land; non
putresible solid wastes, combustible or non combustible; and bulky
rubbish or refuse, including putresible solids, semi solids or
liquids
- a slab is not considered clean fill because it is on top of the
ground holding' up a picnic table and it is inobtrusive which will
not leak out to anything
- removal of the ', I beams will take place via the farm road, they
will not traverse any regulated area or wetland to get to the
location of the proposed house
- no heavy equipment will be in the regulated area nor the wetland
- the bridge, concrete slab, and walls were constructed in the
spring and summer of 1992
Raymond indicated for the record that if the applicant had come
before the Commission requesting permission for the bridge, walls,
etc. , the Commission would not necessarily have approved his
requests.
'101NN OF SOUTH WrADSOR
S AGENCY/CONSERVATION CESSION
Regular Neeting xinutes Page 4 !larch 8, 1993
Carol Warner, 24 ' Cornfield Drive, said that the flagpole on the
island contains 4 flag all the time.
Thomas C. Pedrotty, of 8 Cornfield Drive, spoke in favor of this
application and submitted his letter of March 1, 1993 (Exhibit D)
Daniel Segal, 41 'Cornfield Drive, spoke in favor of the application.
Richard Delmonty,, 38 Cornfield Drive, spoke in favor of this
application.
Carol Warner, 20 Cornfield Drive, spoke in favor of this application.
Neil Ciechowski, 12 Virginia Circle, spoke in favor of this
application.
Jim Hazard, 11 Virginia Circle, spoke in favor of this application.
Linda Boudreau, 7 Abbe Road, spoke in favor of this application.
2. Appl. #93-06W, Alexander Residence - IWA/CC permit to allow an
addition at the rear of the existing house on property located at
1335 Main Stregt, A-40 zone
Ralph Alexander, representing the applicant, stated that John Ianni,
Soil Scientist, hod delineated the wetlands on this property which
contain approximately 2 1/2 acres. The house is located on a hill
with an approximate 10' embankment down to swamp which eventually
leads to Stoughton Brook. Neither the existing house nor the
addition is located in the regulated or wetland area which is
approximately 3211from the house. Any excess fill will be carted
away. Erosion and sedimentation controls will be set up accordingly
and insured through the building permit process. Contours will not
be changed on this site.
Discussion ensued among the Commission with the following comments
and concerns:
- excess fill on the property
- E & S measures 'not on the submitted map prepared by Design
Professionals
3. Appl. #93-07W, 1,Town of South Windsor - IWA/CC permit for the
replacement of the existing culvert located at the intersection of
Graham Road and Nevers Road, RR & A20
Pekala made a motion to accept the withdrawal of application #93-07W.
Heffler seconded the motion. The motion carried and the vote was
unanimous .
0
March 15, 1993
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
To Whom It,, May Concern:
On April 1'2, 1993 a H
p i eating will be held by the Town of South
Windsor Inland Wetlands Commission regarding the Application
of Ernesti a Charbonneau for property located at the northeast
corner of �iller Road and Abbe Road.
The Hearin will commence at 7:30 p.m. in the Sprenkel Room
of the Sou�h Windsor Town Hall located at 1540 Sullivan Avenue
South Windsor, CT.
If you have any questions regarding this Application please
contact Mr'. John MaCahill at the Town Hall of South Windsor,
phone number 644-2511 Ext. 229.
Very truly yours,
Andre K. C arbonneau
Andre Charbonneau & Sons
General Contractor • Concrete • -Paving 0 Commercial &Industrial Warehousing
125 Edwin Road,South Windsor, CT 06074 528-7551
tOw" "4(COD
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0
E- Tiawn o-P S ?&Fzd�
�6 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
�l�osoe•co� AREA CODE 203/644-2511
March 23, 1993
TO: Elizabeth A. Warren, Chairman, IWA/CC
FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer
Re: Application #93-10W, Charbonneau Residence
DOCUMENTS REVIEWED: Application form Topographic Plan sheet 1 of
PP
1, dated 4/25/92 and revised through 1/5/93,
(proposed changes have been noted on the plans
by Andre R. Charbonneau) , and file for
applications #90-14P and #93-02W
COMMENTS:
1. The previous application, #93-02W, was submitted in response to
the Notice of ;Permit Suspension (dated October 27, 1992) which was
issued regardiing application #90-14P. On December 7, 1992 the
Inland Wetland's Agency/Conservation Commission held an Executive
Session with the Town Attorney to discuss the pending litigation.
At the March 8I, 1993 regular meeting the approval motion for
application #93-02W did not carry and the motion failed.
2. They have opted to submit another application with changes. In
comparing this', most recent application (#93-10W) to the previous
application (#03-02W) the change appears to be associated with the
maintenance plans for the area easterly of the existing pond. The
"moderate lawn maintenance area" has been limited to a 10' pathway
and a 60' x 80' area, the remainder of the easterly side will be
"low maintenance lawn area" .
IF APPROVAL IS CONSIDERED, SUGGESTED APPROVAL CONDITIONS INCLUDE:
1 . The "Site Maintenance Narrative - March 1993" (prepared and
submitted by J. R. Russo & Associates) shall be reproduced on the
final plans and shall be strictly adhered to. The lawn
maintenance aras, as presented on the plans submitted for this
application, shall also be clear' shown on the final plans. A
Y
black and white transparent mylar, of the sheet which includes the
maintenance narrative, the areas, and a copy of this letter
thereon, shall' be filed in the Office of the Town Clerk within 65
days of approval.
JEM/plmm
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TWA/rL
S4
O
LS
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MAR S 0 1993
South Windsor
INLAND WETLANDS AGENCY)
March 29, 1993 CONSERVATION COMMISSION
Ms Elizabeth A. Warren, Cha.icwoman
Town of South Windsor
Inland Wetlands Agency / Conservation Commission
1540 Sullivan Aveenue
South Windsor, CT 06074
Re: Application of Andre L. Charbonneau
Millar Road & Abbe Road, South Windsor, CT.
Dear Ms Warren:
Because of a scheduling conflict I will not be able to attend
the Inland Wetland Agency / Conservation Commission meeting
on April 12, 1993. I am therefore cequesting that this
application be placed on the agenda of the April 19, 1993
meeting.
Thank you for your cooperation in this matter.
Very truly yours,
dce K. C arbonneau
Andre Charbonneau & Sons
General Contractor • Concrete • Paving • Commercial &Industrial Warehousing
125 Edwin Road, South Windsor, CT 06074 528-7551
LEGAL SERVICES REQUEST FORM
APB
April 8, 1993 50uth WindSCf
INLAN
D WETLANDS Ad NCY/
- CON8�f�VAT10N COMMISSION.�-
DEPARTMENT IWA/CC CONTROL #
Date of Date Date Date of
Type of Review Request Received Dispatched Review
(Check Appropriate line below)
Contractual
Statutory
XXX Regulatory
Other (Please specify)
Re: Application 193-10W, Charbonneau Residence
At the request of Commissioner Julie Raymond I am seeking your legal opinion on the above
application. The question being: Can the IWA/CC require the withdrawal of any legal suits
prior to, or as a condition of, issuing a permit?
The Commission will hear this application at the April 19 - 1993 regular meeting. If possible
I would like to have a response by that time.
Thank you for 'your attention to this matter.
Signature ,-,
Liza th A. Warren, Chairman .
EAW/pmm
Att: Mike Clinton
cc: IWA/CC
John E McCahill, Zoning/Wetlands Enforcement Officer
*(To be filled in by Town Manager's Office)
PETITION °
TIE UNDERSIGNED PROPERTY OWNERS HAVE REVIEWED THE
MARCH 15, IM APPLICATION NO. 0-1QW OF ANDRE L. CHARBONNEAU TO
THE SOUTH WINDSOR WETLANDS AGENCY/COXOMSION AND HEREBY
PETITION TIE C0NOMSION TO ALLOW TIE FOLLOWING ACT *qMS WIT' HN
THE REGULATED AREA OF THE SUBJECT PROPERTY:
1. ALLOW AN EXISTING FOOTBRO E TO REMAIN
2. ALLOW TWO STING STONE WALLS TO REMAIN
3. ALLOW TIE FLAG POLE TO REMAIN
4. ALLOW THE DRAIN PIPE ALONG THE WEST SIDE OF TIE ROAD
TO REMAIN
S. ALLOW THE CONCRETE PAD TO REMAIN
NAME ADDRESS DATE
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. PET'ITI�N
THE UNDERSIGNED PROPERTY OWNERS HAVE REVIEWED THE
MARCH 15, 1993 APPLICATION NO. 93-10W OF ANDRE L. CHARBONNEAU TO
THE SOUTH WDOSOR DiLAND WETLANDS AGENCY/COMMMSION AND HEREBY
PETTITON THE COMMISSION TO ALLOW THE FOLLOWING ACTIVITIES WIT HN
THE REGULATED AREA OF THE SUBJECT PROPERTY:
1. ALLOW AN EXISTING FOOTBRIDGE TO REMAIN
2. ALLOW TWO EXISTING STONE WAU S TO REMAIN
3. ALLOW THE FLAG POLE TO REMAIN
4. ALLOW THE DRAIN PIPE ALONG THE WEST SIDE OF THE ROAD
TO REMAIN
5. ALLOW THE CONCRETE PAD TO REMAIN
INAME ADDRESS DATE
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PETITIQN
TFIE UNDERSIGNED PROPERTY OWNERS HAVE REVIEWED TIE
MARCH 1 S, 1993 APPLICATION NO. 93-IOW OF ANDRE I.. CHARBONNEAU TO
THE SOUTH WIMSOR INLAND WETLANDS AGENCY/COheMSION AND HEREBY
PETITION THE CONOMSION TO ALLOW TIE FOLLOWING ACTIVITIES VIMUN
THE REGULATED AREA OF THE SUBJECT PROPERTY:
1. ALLOW AN EXISTING FOOTBRIDGE TO REMAIN
2. ALLOW TWO EXISTING STONE WALLS TO REMAIN
3. ALLOW THE FLAG POLE TO REMAIN
4. ALLOW THE DRAIN PIPE ALONG THE WEST SIDE OF T BE ROAD
TO REMAIN
5. ALLOW THE CONCRETE PAD TO REMAIN
NAME ADDRESS DATE
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PETITION
THE UNDERSIGNED PROPERTY OWNERS HAVE REVIEWED'THE
MARCH 15, 1993 APPLICATION NO. 93-IOW OF ANDRE L. CHARBONNEAU TO
THE SOUTH WINDSOR INLAND WETLANDS AGENCY/C011iIl WSION AND HEREBY
PETITION THE COMKIISSION TO ALLOW THE FOLLOWING ACTIVITIES VMHN
THE REGULATED AREA OF THE SUBJECT PROPERTY:
1. ALLOW AN EXISTING FOOTBRIDGE TO REMAIN
2. ALLOW TWO EXISTING STONE WALLS TO REMAIN
3. ALLOW THE FLAG POLE TO REMAIN
4. ALLOW THE DRAIN PIPE ALONG THE WEST SIDE OF THE ROAD
TO REMAIN
5. ALLOW THE CONCRETE PAD TO REMAIN
NAME ADDRESS DATE
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PETITION
THE UNDERSIGNED PROPERTY OWNERS HAVE REVIEWED`THE
MARCH 15, 1993 APPLICATION NO. 93-IOW OF ANDRE L. CHARBONNEAU TO
THE SOUTH WINDSOR INLAND WETLANDS AGENCYXOI I&MSION AND HEREBY
PETITION THE COMM[SSION TO ALLOW THE FOLLOWING ACTIVITIES WITHIN
THE REGULATED AREA OF THE SUBJECT PROPERTY:
1. ALLOW AN EXISTING FOOTBRIDGE TO REMAIN
2. ALLOW TWO EXISTING STONE WALLS TO REMAIN
3. ALLOW THE FLAG POLE TO REMAIN
4. ALLOW THE DRAIN PIPE ALONG THE WEST SIDE OF THE ROAD
TO REMAIN
5. ALLOW THE CONCRETE PAD TO REMAIN
NAME ADDRESS DATE
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TOWN OF SOUTH WINDSOR
INLAND WETLANDS AGENCY/CONSERVATION COMMISSION
Regular Meeting Page 1 April 19, 1993
M MBERS PRESENT: Elizabeth A. Warren, Jeremiah O'Sullivan,
Walter Pekala, Thomas Delnicki, Dermot Jones,
Ronald Morin, Julie Raymond, Susan Smith, and
Carol Hef f ler
ALTERNATES PRESENT: Anthony Pecararo
STAFF PRESENT: John E. McCahill, Zoning/Wetlands Enforcement
Officer
REGULAR MEETING:
The meeting was called to order at 7 :30 p.m. by Chairman Warren.
ITEK: New Business
1 . Appl . #93-10W, Charbonneau Residence - IWA/CC permit to allow an
existing footbridge, two existing stone walls, flagpole, drain
pipe along west side of pond and concrete pad to remain on the
site on property located north of Miller Road and east of Abby
Road, RR zone
Andre K. Charbonneau, representing the applicant, stated that an
application was granted in May, 1990 permitting the dredging of the
pond and the construction of one house on approximately 21 acres .
The permit was suspended in October, 1992 and the applicant returned
with new plans December, 1992. In March, 1993 the motion to approve
the permit was denied.
Charbonneau addressed the concerns of the Commission during the
deliberations of the past permits. The drain pipe, running west to
east to the pond, located on the west side of the pond was put in by
the subcontractor that dredged the pond to facilitate the natural
flow of the drainage on the site. The stone walls around the two
trees, located on the east side of the pond, were put in to protect
the roots of the trees .
When the news about the location of the nuclear waste site was heard
in South Windsor everything was put on hold including the
construction of the house on the site. Economy was slow and on the
weekends the family would gather at the site for picnics. During the
process a footbridge was constructed, the flagpole was put upon the
island, a concrete pad was laid to support a picnic table and swings
were put in the trees . Vandalism on the property was the other reason
the family was at the site on weekends .
Charbonneau stated that the plans submitted show a 60" mower path to
the swings and picnic grove. Blueberry bushes will be planted on the
southeasterly side of the pond. There will be limited mowing except
for the path and the picnic grove. He has no problems with
McCahill' s comments .
TOWN OF SOUTH WINDSOR
INLAND WETLANDS AGENCY/CONSERVATION COMMISSION
Regular Meeting Page 2 April 19, 1993
McCahill' s comments are as follows:
1 . The previous application, #93-02W, was submitted in response to
the Notice of Permit Suspension (dated October 27, 1992) which was
issued regarding application #90-14P. On December 7, 1992 the
Inland Wetlands Agency/Conservation Commission held an Executive
Session with the Town Attorney to discuss the pending litigation.
At the March 8, 1993 regular meeting the approval motion for
application #93-02W did not carry and the motion failed.
2 . They have opted to submit another application with changes . In
comparing this most recent application (#93-10W) to the previous
application (#93-02W) the change appears to be associated with the
maintenance plans for the area easterly of the existing pond. The
"moderate lawn maintenance area" has been limited to a 10' pathway
and a 60 ' x 80, area, the remainder of the easterly side will be
"low maintenance lawn area" .
IF APPROVAL IS CONSIDERED, SUGGESTED APPROVAL CONDITIONS INCLUDE:
1 . The "Site Maintenance Narrative - March 1993" (prepared and
submitted by J. R. Russo & Associates) shall be reproduced on the
final plans and shall be strictly adhered to. The lawn
maintenance areas, as presented on the plans submitted for this
application, shall also be clearly shown on the final plans . A
black and white transparent mylar, of the sheet which includes the
maintenance narrative, the areas, and a copy of this letter
thereon, shall be filed in the Office of the Town Clerk within 65
days of approval .
Discussion ensued among the Commission with the following comments
and concerns:
- brick piers/columns
- relevance of size of watershed area to this application
- bridge
- proof of SCS being on the site
- integrity of reports submitted should not be questioned
- accumulation of chemical fertilizers getting into the pond
- from the first application on it had been requested that the east
side of the pond be left alone
- change in wildlife habitat
- consistency on decisions for validity of decisions
- swimming in the pond
- maintenance of the site
allowing encroachment into the buffers
cutting of trees
Replies to the above concerns and comments:
TOWN OF SOUTH WINDSOR
INLAND WETLANDS AGENCY/CONSERVATION CONNISSION
Regular Meeting Page 3 April 19, 1993
vandals removed the boards from the brick piers
- any effect on the 100 year flood plain will only occur on the
Charbonneau property
- nothing has changed in the watershed since 1990 and this
application will not impact the watershed
- SCS addressed the concerns at the request of the Town
- DEP does not want to hear anything regarding diversion of water
unless it involves a watershed of 100 acres or more
- any work performed on the site was not done against the
Commissioners . The Charbonneaus were not thinking and it was the
result of idle hands
- grass on the island will be mowed twice a year, access to the
island will be via boat
- bridge was constructed to provide safe access to the east side of
the pond
- this site was originally considered for approximately 20 lots
- this application returns approximately 1h acre of land to its
natural state
- playscapes, if any, will be constructed near the house
- there are no trees in the vicinity of the house, trees on the east
side of the pond provide shade for the picnic grove
- there are no plans to cut any trees, any trees cut down recently
have been the result of 10 different acts of vandalism on the
property
- approximately 100 Christmas trees will be planted on the westerly
side of the property
Warren requested an opinion from the Town Attorney at the request of
Raymond. (Exhibit A) She then read the reply of the Town Attorney
to the Commission. (Exhibit B)
Warren asked for any input from the public.
Tom Pedrotty, 8 Cornfield Drive, submitted a petition with 42
signatures in favor of the application. (Exhibit C) Pedrotty spoke
in favor of the application.
Greg Duval, 125 Cambridge Drive, spoke in favor of the application.
Charbonneau mentioned for the record that Raymond was not present
during the public participation.
Warren granted a five minute recess.
2 . Appl . #93-11P, Coven Mountain, Phase I - Conservation plan
approval for the construction of an 11 lot resubdivision on
property located easterly of Abbe Road, A-20 and A-30 zones
Raymond had concerns with the revised plans submitted for this
application on Friday the 16th of April. It was her opinion that
there had not been enough time for the Zoning/Wetlands Enforcement
TOWN OF SORTS WINDSOR
INLAND WETI,ANDS .AGENCY/CONSERVATION CONNISSION
Regular Meeting Page 10 April 19, 1993
properties for protection during construction even though they can be
an eyesore to property owners . It was noted that the property owner
has a difficult time in keeping the area clean when the fences are
staked out. There was comparison between the silt fences on Buckland
Road and the silt fences located on Sullivan Avenue. It was the
opinion of the Commission that the silt fences on Sullivan Avenue
were not maintained. Consensus of the Commission was to send a
letter, to whomever is in charge, requesting that fences be installed
in sections as construction proceeds along.
Pekala made a motion to request that silt fences be used strictly as
E & S control measures, not as limits of construction; that silt
fences be installed in sections as construction proceeds; and that
silt fences be removed when the work is done and an area is
stabilized. Jones seconded the motion. The motion carried and the
vote was as follows: Warren, O'Sullivan, Pekala, Delnicki, Jones,
Raymond, Smith, and Heffler voted for the motion. Morin abstained.
I_ Suspension of the Rules
Jones made a motion to suspend the rules and go to "Bonds" and
"Regular Report" on the agenda. Raymond seconded the motion. The
motion carried and the vote was as follows: 6-3 with Warren,
O'Sullivan, Jones, Raymond, Smith, and Heffler voting for the motion.
Pekala, Morin, and Delnicki voted against the motion.
ITEM: Bonds
1 . Appl. #92-30P, Brennan Resubdivision, release of the bond in the
amount of $2,000. 00
Pekala made a motion to release the bond for application #92-30P in
the amount of $2,000. 00. Morin seconded the motion. The motion
carried and the vote was unanimous.
ITEM: Regular Report
McCahill, answering concerns from the Commission, said that IWA/CC
does not have a permit issued for the Sullivan Avenue Reconstruction
because it went through the State. Calcium chloride is being used to
cut down the dust brought up by construction. He informed the
Commission that the engineers and contractors working on the Plaza at
Buckland Hills project are astute of the various concerns to the
Commission. The site is stripped now and will be hydroseeded shortly.
ITEM: Old Business
1 . Appl. #93-10W, Charbonneau Residence
Morin made a motion to approve with conditions application #93-10W.
Pekala seconded the motion.
TOWN OF SOUM WINDSOR
INLAND WET RANDS' AGENCY/CONSERVATION CO1rIIriISSION
Regular Meeting Page 11 April 19, 1993
McCahill, commenting on O'Sullivan's concern with McCahill's approval
condition, suggested that the "Site Maintenance Narrative" that has
been published by J. R. Russo & Associates be modified to reference
the areas that were shown on the plan submitted at this meeting.
After discussion regarding a bond for this application, it was
decided not to levy another bond on the site.
Pekala requested that Raymond disqualify herself because of exparte
communication.
Raymond replied that disqualification is up to the individual
Commissioner. Any accusations made by anyone is purely speculation.
Warren stated that approaching outside agencies for information will
go through the Commission including requests for opinions from the
Town Attorney. Her opinion is that information should not be
introduced when received from a phone call when the rest of the
Commission has not been party to the information.
The following comments and concerns are from the Commissioners during
deliberation of Appl. #93-10W:
- not to encourage lawns in regulated areas
- the necessity for a picnic area on the east side of pond when the
applicant has plenty of space for a picnic area on the west side
of the pond
- protect and preserve the wetlands and watercourses
- Commission has not been unfair, harsh, or restrictive
- Commission is not impairing the uses for this property by allowing
the wetlands to grow back
- undisturbed wetlands have more value and higher environmental
worth
- this kind of interference with natural growth has a negative
impact on the functioning of the wetlands
wetlands, in the future, should not be allowed to be disturbed
- 4 . 1 .c centers around uses incidental for the enjoyment and
maintenance of residential property which does not apply in this
situation
- 11 . 2.b, alternatives to the proposed action, was not considered by
the applicant
- questioning why a negative impact is being allowed to the wetlands
of the area
- the applicant did not show that there isn't going to be a negative
impact
- setting a precedence
- applicant did come up with alternative plans
- dredging of the pond resulted in the doubling of wetlands
- 4 . 2 denotes operation and non-regulated uses in wetlands and
watercourses
s
TOWN OF SORTS WINDSOR
INLAND WETLANDS AGENCY/CONSERVATION COMMISSION
Regular Neeting Page 12 April 19, 1993
- the applicant will not use chemicals nor restrict the flow of
water
- applicant has addressed all of the issues
- mowing an area twice a year results in a different character of
the area
- there is not an increase in wetlands, they were just moved around
- application should have been looked at under section 4 . 1 .c
- applicant should enjoy area as a unique wetlands area
- minutes of March 19, 1990 reflected concerns of the Commission
regarding limits of lawn
- at the time of original application, applicant accepted the amount
of lawn that he agreed to
- lack of communication could have occurred
- property was originally used for agriculture
- people have responsibility when they buy acres with ponds and
wetlands
- existing proposal is not a detriment to the area, removing what
has been done would be more detrimental to the area.
Raymond made a motion to move the original motion. Morin seconded
the motion. The motion carried and the vote was as follows: 7-2
with Warren, Pekala, Delnicki, Jones, Morin, Raymond, and Heff ler
voting for the motion. Smith and O'Sullivan voted against the
motion.
The original motion was called with the following conditions:
1 . Two blueprint copies of the entire set of final plans and this
letter reproduced thereon, must be submitted to this
Commission. This must be completed within 65 days of approval
prior to any construction activity on the site.
2 . Construction activities shall be subject to the approval of
the Town Engineer.
3 . The applicant shall indemnify and hold harmless the Town of
South Windsor against any liability which might result from
the proposed operation or use.
4 . The permit is valid for three years and shall expire on April
19, 1996 .
5 . All approvals required must be obtained and submitted prior to
any activity on the site.
6 . A contact person shall be identified directly on the final
plans .
7 . The "Site Maintenance Narrative - March 1993" (prepared and
submitted by J. R. Russo & Associates) shall be reproduced on
TOWN OF SORTS WINDSOR
INLAND WETLANDS AGENCY/CONSERVATION COMMISSION
Regular Meeting Page 13 April 19, 1993
the final plans and shall be strictly adhered to. The
narrative is to be modified to reflect the lawn maintenance
area as noted on the plans by Andre K. Charbonneau. The lawn
maintenance areas, as presented on the plans submitted for
this application, shall also be clearly shown on the final
plans . A black and white transparent mylar of the sheet which
includes the modified maintenance narrative, the areas, and a
copy of this letter thereon, shall be filed in the Office of
the Town Clerk within 65 days of approval.
The motion carried and the vote was as follows: 6-3 with Warren,
O'Sullivan, Delnicki, Pekala, Morin, and Heffler voting for the
motion. Raymond, Smith, and Jones voted against the motion.
Morin made a motion to reinstate application #90-14P, Charbonneau
Residence. Pekala seconded the motion. The motion carried and the
vote was as follows: 7-2 with Warren, O'Sullivan, Pekala, Delnicki,
Jones, Morin, and Heffler voting for the motion. Smith and Raymond
voted against the motion.
2 . Appl . #93-11P, Coven Mountain, Phase I
Jones made a motion to table application #93-11P. Smith seconded the
motion. The motion carried and the vote was unanimous .
ITEK: Adjournment
Smith made a motion to adjourn the meeting at 12:20 a.m. Morin
seconded the motion. The motion carried and the vote was unanimous .
Respectfully submitted
Phyllis M. Mann
Recording Secretary
17 L3-
r CC
LAW OFFICES
BRADY, WILLARD &ALEXANDER s
SUITE 400
330 ROBERTS STREET
GERALD W.BRADY EAST HARTFORD,CONNECTICUT 06108-3604 AREA CODE 203
RICHARD C.WILLARD
RALPH J.ALEXANDER TELEPHONE 289-5477
JOHN F.SULLIVAN TELECOPIER 291-9282
MICHAEL H.CLINTON
S4,&6++ej
April 19, 1993 0YA► ca �Rc
-1w4lcC
Elizabeth A. Warren, Chairman
Inland Wetlands Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, Connecticut 06074
RE: Application No. 93-I0W, Charbonneau Residence
Dear Chairman Warren:
This letter is in response to your request dated April 8, 1993 with regard to whether the Inland
Wetlands/Conservation Commission can require the withdrawal of any legal suits prior to, or as a
condition 'of, issuing a permit?
The key issue regarding this application is whether or not it complies with the requirements set
forth in the Inland Wetlands Regulations. The case law in this area is clear that the Inland
Wetlands/Conservation Commission is acting in a ministerial role when it reviews a permit
application. As such, the breath of discretion afforded the Inland Wetlands/Conservation
Commission is greatly narrowed.
As stated in Connecticut General Statutes Section 22a-41, the Commission is required to consider
all relevant facts and circumstances including but not limited to" the six listed in subsection (a)
plus a seventh in cases where a public hearing has been held. Therefore, while the statute
obligates the agency to take the six factors into account, it also permits the agency to consider
additional relevant factors if it so chooses. The key consideration here is: What is relevant?
Clearly, legal action taken by an applicant with regards to prior applications has no relevance to
consideration of the current application. The obvious intent of the legislature in enacting statutes
which are ministerial in nature is to narrow the scope thereof to technical consideration only.
Therefore, regarding the application in question, it would be inappropriate to address any legal
action on a prior application in your present decision. It should be noted however, that if you
approve this application and this approval is not applied by the applicant, this would in effect
render the prior appeals moot to the extent that they address the same subject matter.
Very truly yours,
Ralp J. lexand *2
RJA/ds
Wo N SC,(
T-aw� Oles �
(d 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
°SOR-CO AREA CODE 203/644-2511
April 20, 1993
Andre L. Charbonneau CERTIFIED MAIL
125 Edwin Road
South Windsor, CT 06074
Dear Mr. Charbonneau:
Re: Application #93-10P, Charbonneau Residence
At the April 19, 1993 regular meeting, the Inland Wetlands
Agency/Conservation Commission approved with conditions application
#93-10P - IWA/CC permit to allow an existing footbridge, two existing
stone walls, flagpole, drain pipe along west side of pond and
concrete pad to remain on the site on property located north of
Miller Road and east of Abby Road, RR zone as shown on plans prepared
by J. R. Russo & Associates, No. 89110-B and dated March 1, 1993 .
(Proposed changes were noted on the plans by Andre K. Charbonneau. )
This approval is subject to the following conditions:
1 . Two blueprint copies of the entire set of final plans and this
letter reproduced thereon, must be submitted to this
Commission. This must be completed within 65 days of approval
prior to any construction activity On the site.
2 . Construction activities shall be subject to the approval of
the Town Engineer.
3 . The applicant shall indemnify and hold harmless the Town of
South Windsor against any liability which might result from
the proposed operation or use.
4 . The permit is valid for three years and shall expire on April
19, 1996 .
5 . All approvals required must be obtained and submitted prior to
any activity on the site.
6 . A contact person shall be identified directly on the final
plans .
7 . The "Site Maintenance Narrative - March 1993" (prepared and
submitted by J. R. Russo & Associates) shall be reproduced on
APR 21 1993
Ate::
LEGAL NOTICE
TO BE PUBLISHED IN THE JOURNAL INQUIRER
MONDAY, APRIL 26, 1993
SOUTH WINDSOR - IWA/CC
At the April 19, 1993 regular meeting the Commission voted to take
the following action:
1 . Approve with conditions appl. #93-10W, Charbonneau Residence -
IWA/CC permit to allow an existing footbridge, two existing
stone walls, flagpole, drain pipe along west side of pond and
concrete pad to remain on the site on property located north of
Miller Rd. , and east of Abby Rd. , RR zone
2. Approve to reinstate appl. #90-14P, Charbonneau Residence -
IWA/CC permit for the construction of a single family home on
property located on the northeast corner of the intersection of
Abbe Rd. and Miller Rd. , RR zone
Dated at South Windsor, CT this 20th day of April, 1993
Elizabeth A. Warren, Chair
Gompiete kone1 And/or 2 for additional services. i also wish t0 receive
*mPk to Items 3,and 4a&b. the
• Print Your name and oddnm on the rswrse of this form so that we can f011OWing services (for an extra
return tfds card to you. fee):
dAttach th's form to the front of the maiipieq,o►on the back if space 1. ❑Addressee's Address
oes not permit.
• Write"Retum Receipt Rom"on the bNow the
• the Return Racopt WM show to whom theardc�was deNv�and r 2•. ❑ Restricted Delivery
deWend.
3. Article Addressed to: Consult ostmaster for fee.
4a. Article Number
ANDRE CHARBONNEAU P 007 586 997
125 EDIVTN ROAD 4b. Service Type
❑Registered ❑ Insured
SOUTHIND50R CT )U Certified ❑COD
❑ Express Mail ❑ Return Receipt for
f i. Date of Delivery
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Pqignatur dd rise) S. Addressee's Addre
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and fee is paid)
6. Signature.(Agent)
. December 1991 us.a.P.o.: DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE
Official Business PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
F POSTAGE,$300
Print your name, address and ZIP Code here•
• IWA/CC, TOWN OF SOUTH WINDSOR
1540 SULLIVAN AVENUE
93-10P SOUTH WINDSOR CT 06074
J.R. RUSSO & ASSOCIATES
1 Shoham Road ELIECT IE12 OIF CTRk MA UCT [L
EAST WINDSOR, CONNECTICUT 06088
(203) 623-0569
FAX (203) 623-2485
DATE 3 J OB NO.
ATTENTION! 1 /`�
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WE ARE SENDING YOU AAttached ❑ Under separate cover viar()!C.LVEE4- the following items:
❑ Shop drawings Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
V IA
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MAY 5 199
South WindlOr
INLAND WETLANDS AGENCY/
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
40%Pre-Consumer Content•t o%Post-Consumer Content SIGNED: 11
PRODUCT240-2 JB Inc.,croon,Mass.01471. If enclosures are not as noted, kindly notify ' ;at once.
PROJECT NAME/LOCATION CI�c.�S o •�t a
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APPLICATION 7 3-I0 W
DATE
NOTE TO THE FILE:
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J.R. RUSSO & ASSOCIATES
1 Shoham Road LETTEM 01F "TIU ME TTYU
EAST WINDSOR, CONNECTICUT 06088
(203) 623-0569
FAX (203) 623-2485
DATE JOB NO. F5�/
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> WE ARE SENDING YOU tib Attached ❑ Under separate cover via L M& Ythe following items:
❑ Shop drawings ,lib' Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
> ❑ As requested ❑ Returned for corrections ❑ Return corrected prints
For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS Q—g ._ ,", Ole
COPY TO -
4 400/6fre-Consumer Content•10%Post-Consumer Content SIGNED:
PRODUCT240-2 Ja Inc.,Grown,Mass.01471. if enclosures are not as noted, kindly notify u at once.
WILLIAM E. GRAGE D
ATTORNEY AT LAW
1740 ELLINGTON ROAD JUL 13 ,n
SOUTH WINDSOR,CONNECTICUT 06074 �793
(203)644-8837
South yyyn
FAX(203)644-7916 11VLAI40 W NIAET r
CONSERVATfpry �CENCYI
July 13, 1993
Inland Wetlands Agency/
Conservation Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
RE: $5,000.00 Inland Wetlands Bond
Ernestine Charbonneau
Miller Road, South Windsor
Dear Commissioners:
The Applicant has completed the requirements of the Agency
and asks that the work be reviewed and the bond on the amount of
$5,000.00 be reduced.
Very truly yours,
William E. Grace
WEG/att
cc: E. Charbonneau
MEMORANDUM
TO: Inland Wetlands Agency/Conservation Commission
FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer
t
DATE: September 2, 1993
RE: BOND REDUCTIONS/RELEASES
APPL. SITE PRESENT BOND RECOMMENDED REMAINING
AMOUNT BOND REDUCTION BOND BALANCE
90-14P. Charbonneau Residince $ 5,000.00
. $ 3,000.00 $ 2,000.00
91-08P Peachbrooke $10,000.00
$10,000.00 - 0 -
* The original bond amount of $5,000.00 included the work associated with the dredging of
the pond. The pond was dredged in 1991 and is stable. The suggested remaining bond
balance of $2,000.00 should be adequate for the proposed house construction.
JEM/pmm
September 14, 1993
Planning & Zoning Commission
1540 Sullivan Avenue
South Windsor, CT 06074
Dear Madam/Sir:
Re: Bonds
At the September 13, 1993 meeting of the Inland Wetlands Agency/
Conservation Commission, it was voted to release the following bond:
Application #91-08P, Peachbrooke - release of bond in the
amount of $10,000 . 00
It was voted to reduce the following bond:
Application #90-14P, Charbonneau Residence - present bond
amount $5, 000 . 00, recommended bond reduction $3, 000 . 00,
leaving a balance of $2, 000. 00
Very truly yours,
Elizabeth A. Warren, Chairperson
IWA/CC
EAW/pmm
cc: Town Engineer
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9 � 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
SOR•C0 AREA CODE 203/644-2511
September 30, 1994
Andre L. Charbonneau
125 Edwin Road
South Windsor, CT 06074
Dear Mr. Charbonneau:
Re: Appl #93-10P and #90-14P, Charbonneau Residence
At the September 28, 1994 regular meeting of the Inland Wetlands
Agency/Conservation Commission the Agency briefly discussed the ongoing
activity associated with the above-referenced applications .
As you are aware, the Agency has had concerns with unauthorized
regulated activities on this site in the past. In the presentation
made at the April 19 , 1993 regular meeting, a "Site Maintenance
Narrative - March 1993" was discussed; this plan was then approved by
the Agency. The narrative and plan clearly identifies specific seeding
requirements and plantings; and also limits and/or prohibits mowing of
certain areas (i .e. , along the fringe of the pond and the island) .
The Agency requests that you review the plan as approved, to ensure
that you are in compliance. If you have any questions, feel free to
contact John E. McCahill, Zoning/Wetlands Enforcement Officer at
644-2511 , ext. 229 .
Very truly yours,
INLAND WETLANDS AGENCY/
CONSERVATION COMMISSION
F - zabeth A.Warren, Chairman
EAW/pmm
cc: Zoning/Wetlands Enforcement Officer
IWA/CC
1
SOW N SE,
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Cd 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
SOR CO AREA CODE 203/644-2511
NOTICE OF VIOLATION:
October 18, 1994
CERTIFIED MAIL
Andre L. & Ernestine M. Charbonneau
125 Edwin Road
South Windsor, CT 06074
Re:' Appl #93-10P and #90-14P, Charbonneau Residence, 10 Abbe Road
At the October 12 , 1994 regular meeting of the Inland Wetlands
Agency/Conservation Commission, the Agency briefly discussed the
ongoing activity associated with the above-referenced applications .
(This was a follow-up conversation to the discussion at the September
28, 1994 meeting and the attached September 30 , 1994 letter. )
The .Agency has determined that the island is being maintained in a
mowed condition which is not in conformance with the "Site Maintenance
Narrative - March 1992" presented on your behalf and approved by the
Agency on March 19 , 1993 . The narrative states that the "Low
Maintenance Area (LMA) " , which includes the island, "will be planted in
wild flowers and taller legumes . The area will be mowed twice a year
and no chemical fertilizer will be used. "
As the seeding dates specified in the narrative, "April 15 and June 1
and August 15 through September 15" have past and it does not appear
that the planting of the island has been done; the Agency is concerned
with the ongoing mowing of the island .
You are directed to appear at the regularly scheduled meeting of the
Inland Wetlands Agency/Conservation Commission on November 9 , 1994 to
discuss the unauthorized activity.
The issuance of this Notice of Violation shall not delay or bar any
action pursuant to Section 22a-44 (b) of the General Statutes .
If you have any questions , please contact John E. McCahill ,
Zoning/Wetlands Enforcement Officer, at 644-2511 , ext . 229 . Your
prompt cooperation is appreciated.
Very truly yours ,
INLAND WETLANDS AGENCY/
CONS RVATION COMM SSION
Eli eth A. Warren,
Ch ' man
Andre L. & Ernestine M. Charbonneau - 2 - October 18 , 1994
EAW/pmm
Enclosure
cc : IWA/CC
Town Manager
Town Attorney
Chief Building Official
Zoning/Wetlands Enforcement Officer
otir
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.Lredlee
31 '�a"a��tead ��ue
Saute ZU�tdda�c, �a�.a�e;t'teu� 06074
(203J64�1441
Elizabeth Warren November 1, 1994
494 Abbe Road
South Windsor, CT 06074
Dear Ms. Warren,
I am not one to write letters and comment on political happenings of town
politics, but a recent article in the newspaper caught my attention that has
prompted me to write this letter to express my disgust in our town spending.
The article I'm referencing is about the small ten foot island that is on the
Charboneau property off Miller Road. I know that a portion of the property in
question falls within the wetlands jurisdiction, because I used to live in the area.
The commission has watched every breath the man has taken from the time he
bought the property, but to count the amount of times the man mows his little ten
foot island?
As a tax payer and a resident of South Windsor, I feel that my comment
should be heard loud and clear by those who work for the commission and the
town. If we have an employee who has that much free time and nothing better to
do than to go out of their way to go count the amount of times a ten foot "postage
stamp" island on private property is mowed and then count the amount of blades
of grass that has fallen into the water, we as a town have BIG problems. The
problem, as I see it, is that this employee has nothing else better to do and he/she
should be laid off. Second, any superior who allowed this employee to pursue
action should also be fired for allowing such actions to be taken against Mr.
Charboneau. I see this as harassment.
As a resident I am embarrassed, especially when overhearing the comments
made about how South Windsor's Town Hall has nothing else better to do than to
go count blades of grass. These are my tax dollars at work, and I do not consider
this person working. This is shear petty behavior and has no part in a
professional world, especially with my tax dollar.
,
`(' :- 96LA. Derrig^ `
cc: Town Manager Zubrigen �l►
Andrew Charboneau ram,
y��,. NOV 1994
4.� � as
s
dF
M E M O R A N D U M
Date: November 9, 1994
To: Chairman
Inland Wetlands Agency/Conservation Commission
From: Solomon Kerensky
Re: Disqualification
By means of this memorandum, I am disqualifying myself from
any/all participation in matters concerning Appl. # 94-10P and
#90-14P, Charbonneau Residence at 10 Abbe Road, South Windsor
REASON: Client affiliation
1
o on Kere y
November 12. 1994
To: The Commission of Freedom of Information
From: Anthony Pecoraro
Subject: Executive Session Inland Wetlands Commission
Town of South Windsor, November 9, 1994
As I am not familiar with the procedures with regards to FOI, I am seeking information or a hearing
with regards to the above subject.
As an Ex-Commissioner it is my understanding that there is no pending litigation nor is there
litigation which would have warranted this executive session and in fact the subject discussed in
this executive session was with regards to a letter sent on an outstanding permit,in regards to a
potential violation. Further Commissioners were to decide if in fact a cease and desist order was
to be issued.
I also have questions with regards to a meeting held with a Towns Attorney and the Commission
Chairperson and a Commissioner/Attorney. There is also questions with regards to the Towns Attorney
providing legal advice to this particular applicant,as the applicant is a prominent developer in the town
of South Windsor,and there is a potential that the Towns Attorney should have disqualified himself
on this subject,based upon the possibilities of a conflict.
It is obvious one Commissioner/Lawyer has partaken in several discussions and votes and possibly
Executive Session,subsequently outside of Executive Session elected to disqualify himself
because of conflict.
It is imperative to have the information in the Executive Session disclosed to the Public
as well as,any remedies your Commission would take to prevent this type of situation from re-occurring.
I hope this meets the standards for the Freedom of Information Act,if not you may reach me at the
following address and phone number to resubmit my inquiry.
Anthony Pecoraro
50 Goose Nest
South Windsor, CT 06074 Home Phone 291-9750
Respectfully,
CAInthoecorar-o0A
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1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
AREA CODE 203/644-2511
November 16 , 1994
Andre L. & Ernestine M. Charbonneau
125 Edwin Road
South Windsor, CT 06074
Re: Appl #93-10P and #90-14P, Charbonneau Residence, 10 Abbe Road
At the November 9 , 1994 regular meeting of the Inland Wetlands
Agency/Conservation Commission, the Agency discussed the ongoing
activity associated with the above-referenced applications .
As you are aware a Notice of Violation was issued dated October 18,
1994 to which you did respond via letter dated. November 1, 1994 (you
indicated you were unable to attend the November 9, 1994 meeting, as
requested, due to prior commitments ) .
The Agency has decided to acknowledge your intention to comply, as
stated in your November 1, 1994 letter, and will continue to monitor
the situation. If any violations are detected, the Inland Wetlands
Agency/Conservation Commission will take follow-up action.
Thank you for your cooperation with the concerns of the Agency. If
you have any question feel free to contact John E. McCahill,
Zoning/Wetlands Enforcement Officer, at 644-2511, ext. 229 .
Very truly yours,
INLAND WETLANDS AGENCY/
CONSERVATION COMMISSION
ElizAbeth A. Warren, Chairman
EAW/pmm
cc: IWA/CC
Town Manager
Town Attorney
Chief Building Official
Zoning/Wetlands Enforcement Officer
LETTER OF TRANSMITTAL
PLANNING DEPARTMENT
TOWN OF SOUTH WINDSOR
1540 SULLIVAN AVENUE
SOUTH WINDSOR CT 06074
( 203) 644-2511 DATE
TO: OMTK. RALe%, 's • AW)LAN"O CAL
33C AoSC-MS STi2CET
EAST WgtTF-o20 . C,1 60 0 S
WE ARE SENDING YOU:
P & Z initial plans Drainage comps
P & Z final plans Bond estimate requests
Inland Wetlands plans Bond reduction requests
Final plans for filing Change order form
✓ Other 'Docrcer *F=c q4(-4o6 Correspondence
R9t4vY Pr COKA&O W. Iw A CC,
Co ies Appl . No. Project
THESE ARE TRANSMITTED as checked below:
For review and comment For your file
For your use Returned with revisions
As requested
Other
PLEASE RETURN/COMMENT BY: NR
COMMENTS:
ENCLOSz O SS 1Vc;iCE F2�N Tttt F�EE!/o+y OF iNr-oKwlhT'.LG fo�1+KzSS;��J
RC(rAJCd i NG 20W- T OPEC q4- 40� .; ,ANTt4oNY (°ECoAAa-o vs . 5OV-7-H
ulir"0 S G%Q. 'L`Nt_.IW O W -rL&U OS CrAAAAMS S rQVQ .
LOASE Le-1 vS KNOW -T-F `(43..) OJc^EV Cr,PIz=S OF e4vY i%APES
O F FLUE S
Copy to: Tow o ►MANS R From: p r/IfC1
e
TWAf L L ZG.u-�yUb/wr'Tc.�frv»S �lvrt C�=�n h�T
10 A06i n0,&D y: A�u,y � E 0F?=Xc r-
STATE OF CONNECTICUT
INFORMATION FREEDOM OF INFO N COMMISSION O
JA N 4 1995
` A TO R v
December 30, 1994 '�04� 4b
Re: Docket #FIC 94-406; Anthony Pecorara v. South Windsor
Inland Wetlands Commission
To Whom It May Concern:
Please be advised that the Freedom of Information Commission
has received a complaint alleging a violation against your
agency. A copy of the complaint is enclosed for your reference.
The Commission will send you a Notice of Hearing and Order
to Show Cause which will notify you of the date, time and place
of the hearing in a few months.
If you are planning a vacation or require special scheduling
needs, please notify the Commission in writing as soon as
possible of the specific dates and/or times you will be
unavailable. We will try to accommodate your schedule, but only
if we receive it in writing prior to scheduling.
Please refer to the above docket number and case name in all
communications with this Commission.
Sincerely, _
Elizabeth A. Leifert
Acting Clerk of the Commission
Enclosure
Telephone : (203) 566-5682 Telecopier (203) 566-6474
97 Elm Street - Rear - Hartford, Connecticut 06106
An Equal Opportunity Emplover
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1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
SOR-CO AREA CODE 203/644-2511
February 27 , 1995
Attorney William Grace
1740 Ellington Road
South Windsor, CT 06074
Dear Attorney Grace:
Re: EXPIRATION OF PERMIT #90-14P, Charbonneau Residence
This is a reminder that the permit with the Inland Wetlands
Agency/Conservation Commission, application #90-14P will expire on
May 21 , 1995 .
If you plan to extend your project beyond the above expiration date,
you must apply for an extension at least sixty-five ( 65 ) days prior
to the expiration date . There will be a thirty-five dollar ( $35 ) fee
required for an extension of the permit. This includes a ten dollar
( $10 . 00 ) surcharge assessed by the State, to fund the State
Environmental Review Team.
An application for an extension shall be made in accordance with the
following subsection of the IWA/CC Regulations :
a . The duration of any amendment or extension shall be for three
years unless otherwise specified in the permit.
b. The application may incorporate by reference the documentation
and record of the original application.
C . The application shall state the reason why the authorized
activities were not initiated or completed within the time
specified in the permit .
d . The application shall describe any changes in facts or
circumstances involved with or affecting wetlands or
watercourses or the property for which the permit was issued.
e . In unusual situations the Agency may accept an untimely
application to extend the expiration date of a permit if the
authorized activity is ongoing and allow the continuation of
work beyond the expiration date if in its judgement, the permit
is likely to be extended and the public interest or environment
will be best served by not interrupting the activity; the
application shall describe the extent of work completed at the
time of filing and the schedule for completing the activities
authorized in the permit .
Attorney William Grace - 2 - February 27 , 1995
Application #90-14P
f . The Agency shall evaluate the application pursuant to these
regulations and grant the application as filed, grant it with
any terms or limitations, or deny it; and shall state upon the
record the reason( s ) for its decision .
In the event that you are requesting an extension, section 8 . 1 . 6 of the
Zoning Regulations establishes the process for monitoring the approved
conservation plan. Per that regulation, a progress report is required
from the applicant' s engineer verifying that erosion and sedimentation
control measures have been installed and maintained in accordance with the
approved conservation plan. This verification report shall also be
submitted 65 days prior to the expiration date of the permit to allow time
for the Commissioners to evaluate your project controls .
If work has been finished or will be finished by the expiration date,
please send a letter stating work is completed according to the approved
plan .
If you have any questions call me or Michele R. Lipe, AICP, Assistant
Planner/Analyst at 644-2511 , ext 253 .
Very truly yours,
Phyllis M. Mann
Recording Secretary
IWA/CC
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4 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
Solt. 0 �w AREA CODE 860/644-2511
Andre L. Charbonneau December 18, 1995
Charbonneau & Sons, Inc.
125 Edwin Road
South Windsor, CT 06074
Dear Mr. Charbonneau:
Re: EXPIRATION OF PERMIT#93-10W, Charbonneau Residence, Miller Road
This is a reminder that the permit with the Inland Wetlands Agency/Conservation Commission,
application #93-10W will expire on April 19, 1996.
If you plan to extend your project beyond the above expiration date, you must apply for an
extension at least sixty-five (65) days prior to the expiration date. There will be a thirty-five
dollar ($35) fee required for an extension of the permit. This includes a ten dollar ($10.00)
surcharge assessed by the State, to fund the State Environmental Review Team.
An application for an extension shall be made in accordance with the following subsection of the
IWA/CC Regulations:
a. The duration of any amendment or extension shall be for three years unless otherwise
specified in the permit.
b. The application may incorporate by reference the documentation and record of the original
application.
C. The application shall state the reason why the authorized activities were not initiated or
completed within the time specified in the permit.
d. The application shall describe any changes in facts or circumstances involved with or
affecting wetlands or watercourses or the property for which the permit was issued.
e. In unusual situations the Agency may accept an untimely application to extend the expiration
date of a permit if the authorized activity is ongoing and allow the continuation of work
beyond the expiration date if in its judgement, the permit is likely to be extended and the
public interest or environment will be best served by not interrupting the activity; the
application shall describe the extent of work completed at the time of filing and the schedule
for completing the activities authorized in the permit.
f. The Agency shall evaluate the application pursuant to these regulations and grant the
application as filed, grant it with any terms or limitations, or deny it; and shall state upon
the record the reason(s) for its decision.
In the event that you are requesting an extension, section 8.1.6 of the Zoning Regulations
establishes the process for monitoring the approved conservation plan. Per that regulation, a
progress report is required from the applicant's engineer verifying that erosion and sedimentation
control measures have been installed and maintained in accordance with the approved
conservation plan. This verification report shall also be submitted 65 days prior to the expiration
date of the permit to allow time for the Commissioners to evaluate your project controls.
If work has been finished or will be finished by the expiration date, please send a letter stating
work is completed according to the approved plan.
If you have any questions call me or Jeffrey H. Folger, Zoning/Wetlands Enforcement Officer at
644-2511, ext 253.
ruly yours,
hyllis . Mann
Recor ' g Secretary
.R. RUSSO & ASSOCIATES
J PV2
Land Surveyors& Professional Engineers
FE13
South Windsor
INLAND WETLANDS AGENCY]
CONSERVATION COMMISSION
January 4 , 1996 .
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Attn: Phyllis M. Mann, Recording Secretary
Inland Wetlands Agency/Conservation Commission
Re: Permit# 93-10W, Charbonneau Residence, Miller Road
Dear Ms Mann:
All work associated with the above referenced permit is complete
at this time. Soil erosion and sedimentation control measures
were installed and maintained during the construction in accord-
ance with the approved plan.
If you have any questions or comments please call our office at
623-0569.
Very truly y ur9 /
J seph R. Russo, P.E. , L.S.
.R. Russo & Associates
pc: Mr. Andre Charbonneau
Atty William Grace
File
t
1 Shoham Road • East Windsor, CT. 06088 • TEL: (203) 623-0569 • FAX: (203) 623-2485
s
WILLIAM E. GRAGE
ATTORNEY AT LAW
1740 ELLINGTON ROAD
SOUTH WINDSOR,GONNEGTIGUT 06074
(203) 644-8857 JAN 9 1996
FAX(203) 644-7918
South Windsor
Planning & Zoning Commission
January 9, 1996
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Attn: Phyllis Mann
Inland/Wetlands Agency-Conservation Commission
RE: Permit #93-10W, Charbonneau Residence, Miller Road
Dear Phyllis:
In accordance with Engineer Russo's letter of January 4, 1996,
the requirements with regard to the above-referenced permit have
been met. Therefore, an extension will not be necessary.
If you have any questions or comments, please do not hesitate
to contact me.
Very truly yours,
W.
W4.1-W
William E. Grace
WEG/at
cc: A. Charbonneau
Hand-Delivered
SOWN St4
c =
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
so
t.co�'� AREA CODE 860/644-2511
February 14, 1996
Andre Charbonneau
Andre Charbonneau & Sons
125 Edwin Road
South Windsor, CT 06074
Dear Mr. Charbonneau:
Re: Application #90-14P, Charbonneau Home/Miller Road
This is to advise you that the Planning and Zoning Commission voted on February 13, 1996 to
release the IWA/CC bond for the above-referenced project in the amount of$2,000.
Advance arrangements should be made to pick up the bond to ensure that the necessary contact
person(s) will be available. If you have any further questions contact the Planning Department at
644-2511, ext 253. Thank you.
Very truly yours,
PL_� G & ZONI G CO ISSION
1
i
Russell G. Levac , Chairman
RGL/pmm
cc: Town Engineer
J
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O
March 10, 1997 R 'E C E I V E [Y
Ms. Marsha Banach
Town Planner
South Windsor Town Hall
South Windsor, CT 06074
Ms. Banach :
I am writing to formally request the release of the$5,000.00 bond for 10 Abbe Road,
South Windsor,CT .
Very truly yours,
Erna Charbonneau
Andre Charbonneau & Sons
CS/tab
Andre Charbonneau & Sons
General Contractor • Concrete • Paving • Commercial &Industrial Warehousing
125 Edwin Road, South Windsor, CT 06074 528-7551
Memorandum
....................................................................
To: Erna Charbonneau
From: Michele R. Lipe,AICP
Date: April 3, 1997
Re: Bond release request- 10 Abbe Road
We are in receipt of your letter dated March 10, 1997 requesting the release of the IWA/CC bond for
the house lot for 10 Abbe Road. Our records indicate that bond was released by the Planning and
Zoning Commission on 2/13/96 and was picked up. I have enclosed a copy of the release letter
showing the signature of who the bond was released to.
£}r0.Whave any further questions,please call me at 644-2511,ext. 253.
C osure
CONNECTICUT DEPARTMENT OF ENVUtONNOEWAL PROTECTION
STATEWIDE INLAND WETLAND to WATERCOURSE ACTIVITY REPORTING FORM
In accordance with the requirements of section .4a-39—i4 of -the Regulations.of Connecticut state
Agencies, this form is to be completed for each. action. Completed forms for all reportable
actions during a calendar month shall be mailed to the Co=issioner by the local agency no later
than the 15th day of the month following the month in which the action was taken. (See
instructions on back)
1: TOWN: South Windsor
2 . LOCATION:(original scale copy of the USGS QUAD Map with the site outlined or pinpointed)
USGS QUAD MAP NAME OR UNIT: Manchester
3 . APPLICANT'S OR VIOLATOR'S NAME: Andre L. Charbonneau
4 . PROJECT NAME: None
5. ACTIVITY TYPE CODE: (see list of codes on back, max. of 4 codes) [ 12+13 ]
If type code is 12 or 13, briefly describe the activity:
Foot Bridge, Walls, Pipe
6. ACTIVITY PURPOSE CODE: (see List of codes on back, max. of 4 codes) [ A ]
7. ACREAGE OF WETLANDS AND WATERCOURSES ALTERED: (or proposed to be altered,
temporary or permanent)(for ALL agency permits, denials and enforcement actions)
A. Wetland Soil(S) Area Altered: . . . . . . . . . . . . . . . . . . . . . . [ 0.17 ACRES]
Wetland soil symbols (e.g. Lg, PkA, Rn) SbA
B. If soil type is not available specify the area as follows:-
Swamp . . . [ 0 ACRES] Marsh . . . [ 0 ACRES]
Bog . . . [ 0 ACRES]
C. Open Water Body Area Altered: . . . . . . . . . . . . . . . . . . . . . [ 0 ACRES]
8 . ACREAGE OF WETLANDS OR WATERCOURSES CREATED: [ 0 ACRES]
9. LINEAR FEET OF STREAM ALTERATION [ 0 FEET]
10. TOTAL ACREAGE OF PROJECT SITE: . . . . . . . . . . . . : . . . . . . . . . . . . [ 20.62 ACRES]
For Local Acrency Use Only _ * For State Use Only
* *
11. REPORTING MONTH: A?gV_
* *
12. PUBLIC HEARING HELD: Y Q * GIS CODE:
* *
13. ACTION: enter letter
A permit issued
permit denied
Co permit extend/amend
D. map amendment
E. enforcement
F. jurisdictional ruling
14. AGENT: DATE RECEIVED
DEP/rev/10/91
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