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Home My WebLink About98-72P Earth Removal (3) TOWN OF SOUTH WINDSOR PLANNING & ZONING COMM � C I V � , APPLICATION FORM�L L Application No: 7 DEC 1998 Official Receipt Date: Receipt No: p P . W4�yg��pffpfeOR SOUTH ,f�It168Nii6i APPLICANT: East Hartford Sand & Gravel,Inc. (c/o Arthur V. Silvestri,Pres.) ADDRESS: 1881 Main Street, East Hartford,CT 06108 OWNER OF RECORD ON LAND RECORDS: Enet Y. Silvestri ADDRESS: (same) COMPLETE LOCATION OF PROPERTY: west side of Strong Road(interior-accessible from Rte. 5) ASSESSOR'S MAP # 86 PARCEL# 2 ZONE RR & I NAME, ADDRESS, TEL& FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Peter R. DeMallie, Principal, Design Professionals,Inc. , 165 South Satellite Road, South Windsor,CT 06074 Tel. 291-8755, Fax # 291-8757, e-mail DPIPLAN@AOL.COM THIS APPLICATION IS FOR: (Check all that apply): ❑ Zone Change to (Public Hearing required and Certified letter to abutters required) ❑ Subdivision/Resubdivision ❑ Subdivision ❑ Minor ❑ Major ❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major ❑ Conditional Approval ❑ Open Space Subdivision (Public Hearing Required) ❑ Special Exception to Article (Public Hearing, Certified letter to abutters required) ❑ Site Plan of Development ❑ General Plan of Development ❑ � � Earth Removal (Sec. 14 - Public Hearing required) ❑ Regulation Amendment: ❑ Zoning ❑ Subdivision (Attach proposed amendment) ❑ Amendment to Town Plan of Development ❑ Temporary and Conditional Permit for ❑ Major Home Occupation for ❑ Other (explain in detail) An Application Pending sign is required to be posted on the property for all applications ten (10) days prior to being heard by the Commission. Signature of Applicant Signature of Property Owner (See reverse side for additional information) TOWN OF SOUTH WINDSOR CHECKLIST OF REQUIRED SUBMISSION DOCUMENTS SU BDMSIONS/RESUBDNISIONS APPLICANT East liar tford Sand & Gravel PROJECT NAME EAST H Af-T ►r=yR� $/}a►►D lea►►� 'P?A C- This checklist must be signed by plan preparer (P.E/L.S) declaring that all required information is provided. Place a check mark for each item supplied. Subdivision Minor Regular I. PROJECT-PLOT INFORMATION A. General Information 1. Appl. &owner name, address x x 2. Engineer& land surveyor name, address, license no. &seal x x 3. Key map at V = 100'scale showing location of tract with reference to surrounding properties, streets, municipal boundaries, etc., within 500'. Key map must include: x x N1A a. Outline of buildings. hl�►4 b. Layout of streets c. Surrounding property boundaries-within 500 feet. d. Names of abutting property owners. e. Proposed open spaces and recreation areas. IVIA f. Driveway cuts on abutting properties and any properties across from proposed site Subdivision Minor Regular +� 6. Development phasing, if proposed. x x 7. Names of abutting property.owners. x x M1A 8. Proposed street names (use approved list of names). x x H/A 9. All open space reserved for common or public uses. x x A10. Appropriate A-2 certification & LS seals. x x II Topographic map at same scale as plot plan containing all data included on the plot plan plus the following: 1. All existing structures, streets, wetlands and existing watercourses, or other environmentally structs sensitive areas, including enough data streets x beyond property boundaries to allow a wetlnds reasonable evaluation of the property's fldpin ecological relationship to surrounding areas, 100 yr. floodplain. x vl"'2. Existing and proposed contours to extend a x sufficient amount beyond subject property,to determine the effects on the property as follows (town mapping): 100' x up to 3% grade: I'contour interval 3% grade &over; 2'contour interval / 3. Boundary limits, nature, and extent of wooded areas, specimen trees, and other significant physical features. x x 4. Existing system of drainage of subject site and of any larger tract or basin of which it is a part (can use Town stormwater x x study). M1A S. Drainage area map. * x X1A 6. Drainage calculations * x ICI IA 7. Perc test data, preliminary indication of septic system feasibility if individual sanitary * x sewerage systems provided. Subdivision Minor Regular c. Profile of roadway showing existing and finished grades, all tangent grades, and all vertical curve information x d. Profile will show all catch basins and all drainage lines between catch basins with all invert and top of frame elevations. Drainage pipe material to be described. x NhF e. Typical/critical cross-sections where grading is outside street right-of-way or is at street right- of-way. x f. Where any storm drainage line discharges into an existing brook, sufficient profile of this / brook will be shown to determine conditions. x 0/14 g. Profiles shall show all sanitary sewer lines and manholes, including pipe material, elevations, sizes, lengths, and slopes of pipes. Top of foundation elevations for habitable buildings shall be shown. * x W 15. Traffic report (by traffic engineer) 16. Open space site improvement plan. * x 17. Architectural elevations/information per Sect. 4.20 of the zoning regulations * - if required by Town Engineer ALL INFORMATION REQUIRED ABOVE IS INCLUDED IN THIS APPLICATION AT THE TIME OF SUBMISSION. Date rZ- ZZ- ?B Plan Pre bar (P ) June 18, 1998 East Hartford Sand & Gravel Abutter Listing 86-3 Mitchell, John et.al. 1209 Sullivan Avenue South Windsor,CT 06074 86-4 Maria Ellis M.D. & Kim McDonald 660 Strong Read South Windsor,CT. 06074 86-5 Veilleux, Rocky G. 646 Strong Road South Windsor,CT 06074 86-6 Petrone,William V. 630 Strong Road South Windsor,CT 06074 97-7 KF Brick Cmpany,Inc. 1440 John Fitch Boulevard South Windsor,CT 06074 86-2 Enet Y. Silvestri 1881 Main Street East Hartford,CT 06108 r SURFACE DRAINAGE EASEMENT K-F BRICK COMPANY, INC. , a Connecticut corporation with an office at 1400 John Fitch Boulevard, South Windsor, Connecticut, ("Grantor") for good and valuable consideration received to its full satisfaction of ENET SILVESTRI of East Hartford, Connecticut ("Grantee") does hereby grant to the Grantee, her heirs and assigns, the right to drain storm water on and over the surface of land of. the Grantor located east of John Fitch Boulevard, in said Town of South Windsor. The drainage easement is fifty (.50) feet wide and runs in a southwesterly direction from the Grantee's land to a clay pit located on the Grantor's land along an existing drainage swale, and being more particularly bounded and described as follows: Commencing at a point in the boundary line between the land of the Grantor and land of the Grantee, which boundary line marks the easterly boundary of land now or formerly of the Grantor and the westerly boundary of land now or formerly of the Grantee_ and which point of beginning is 417.98 feet northerly of the southwest corner of the land now or formerly of the Grantee as measured along the above-described boundary line; thence running S 76° 10' 47" W, a distance of 242.82 feet to a point; thence running S 13° 49' 13" E, a distance of 50 feet; thence running N 76° 10' 47" E, a distance of 207.43 feet, the last three courses being along land now or formerly of the Grantor; thence N 21' 27' 59" E along said mutual boundary line, a distance of 61.25 feet to the point of beginning. Said easement is more particularly shown on a map or plan entitled, "Excavation Plan Phases 4 through 7 Prepared For East Hartford Sand & Gravel South Windsor, Connecticut Date: Aug. 14, 1992 Revised 9/29/92, 4/27/93 Design Professionals, Inc. , Civil Engineers, Planners, Surveyors Sheet 3/4, " on file or to be filed with the Town Clerk in South Windsor. The right granted herein does not include the right to construct or install any man-made drainage facilities on the land of the Grantor. -1- EAL/736 In Witness Whereof, the Grantor has caused this Surface Drainage Easement to be executed this day of , 1993. K-F BRICK COMPANY, INC. �. By_-`Jt> A STATE OF CONNECTICUT SS. COUNTY OF HARTFORD Personally appeared as aforesaid, signer of the foregoing instrument, and acknowledged the same to be free act and deed as such and the free act and deed of said corporation, before me this day of 199 . Notary Pu is Z.1P+tDJ� 7�. t"�i�2FPtId NOTARY PURUC -a- EAL/736 PLANNING DEPARTMENT TRANSMITTAL DATE: �3j t TO: ' 1PO MJGA.,,c. L WE ARE SENDING YOU: PZC initial plans 0 Drainage computations O PZC revised plans 0 Bond estimate request 0 PZC Final plans for review 0 Bond reduction request O PZC Final plans for filing O Correspondence 0 IWA/CC plans Other ,�- NO.OF COPIES APPLICATION NUMBER PROJECT/APPLICANT P � � f THESE ITEMS ARE TRANSMITTED: For review and comment 0 For your files O For your use O As requested 0 Other PLEASE RETURN/COMMENT BY: �C 23 1998 C - /V6 ,� M '<1 . Copy to: From: Planning Department- 10/98 DESIGN PROFESSIONALS, INC. civil engineers planners surveyors gis Transmitted via certified mail December 23, 1998 Dear Current Abutting Property Owner Re: East Hartford Sand& Gravel DPI Project No. 86-119 John Fitch Boulevard South Windsor, Connecticut In accordance with Section 7.3b of the "Town of South Windsor Inland Wetlands, Watercourses, and Conservation Regulations" and in accordance with regulations of the Planning &Zoning Commission,we are required to notify you that applications have been filed on the property abutting yours and are subject to hearings by the Inland Wetlands Agency and the Planning&Zoning Commission. The applications and plans are on file with the South Windsor Planning Department in the Town Hall. As an abutting property owner you are invited to the hearings to ask questions and/or give comments,however, you are not required to attend. You may also submit written comments regarding the application prior to the hearings if you so desire. For further information regarding the specific dates these applications will be heard,please contact Debbie Wark, Recording Secretary, Jeff Folger, Zoning/Wetlands Enforcement Officer, or Michele Lipe, Deputy Planning Director at the South Windsor Planning Department at 644-2511,ext. 253, 229, or 252, respectively. Thank you. Sincerely, Design Pr essionals, Inc. By: Peter R. DeMallie Principal cc: Town of South Windsor Arthur Silvestri Edwin Lassman, Esq. 165 South Satellite Road South Windsor, CT 06074 Tel 860 291-8755 Fax 860 291-8757 Redland Brick Inc. Cushwa Plant 15718 Clear Spring Road January 27, 1999 P.O. Box 160 Williamsport, Maryland 21795 (301)223-7700 Mr. Frank CastroREUEi F01)223-6675 Fax Planning and Zoning - Town of South Windsor _ Town Hall 1540 Sullivan Avenue ,m , ; ' v�3 • South Windsor, CT 06074 �" mar 04rPTo Re: Earth Removal Permit Dear Mr. Castro: Our KF Plant has been manufacturing brick at the present location for many years. We have been informed by the Town of South Windsor (Township) that we have a pre-regulation quarry on our property, from which we remove clay for the purpose of our brick manufacturing operation. Our property abuts the property owned by Enet Y. Silvestri and Arthur V. Silvestri, Jr. and used by East Hartford Sand and Gravel for sand and gravel removal. On September 28, 1988, an Easement and Option Agreement (Agreement) was signed by the Management of our KF Plant and Enet Y. Silvestri and Arthur V. Silvestri, Jr., the owners of East Hartford Sand and Gravel. This Agreement was prepared by our attorneys, Robinson & Cole, and filed with the Commissioner of the Superior Court, in Hartford County, Connecticut. The original document was recorded in the South Windsor Land Records. This Agreement allows East Hartford Sand and Gravel to gain access to their property through the KF property and in exchange, the Silvestri's agree to grant KF the title to those sections of the property after they have completed their mining operations. East Hartford Sand and Gravel is preparing to open additional sections of property identified in their site plan and Mr. Silvestri has been in contact with the Township regarding the submittal of permit applications. Mr. Jeffrey Folger, Zoning and Wetland Enforcement Officer for the Township, and Mr. Arthur Silvestri recently met on the site to review the proposal. During this visit, Mr. Folger noticed while looking at East Hartford Sand and Gravel's site plan that Phase 1 and part of Phase 2 of the site plan was not stabilized at present due to clay removal by the KF Plant. Prior to this, we were under the impression that we were only mining on our property. We were contacted by Mr. Silvestri and on January 20, 1999, we met with Mr. Silvestri, his attorney Lewis Wise, and the Principals of Design Professionals, Inc., Mr. Peter R. DeMallie and Mr. Robert J. Arsenault. On January 21, 1999, we met with Mr. Folger and Ms. Michele M. R. Lipe, Assistant Director of Planning for the Township. Manufacturer of quality brick products 100, Cushwa ' ' KF Harmar Apparently, a few years ago, the KF: Plant began removing clay from Phase 1 and Phase 2 of the Silvestri's property. This occurred with the Silvestri's knowledge after East Hartford Sand and Gravel had completed their mining operations, but without having the title of the property conveyed from the Silvestri's to the KF Plant. The KF Plant never applied for or received an Earth Removal Permit from the Township. The KF Plant intends to resolve this problem by requesting the title to Phase 1 and Phase 2 of the Silvestri's property be conveyed to the KF Plant and by applying for an Earth Removal Permit from the Township. I have been in contact with Dwight H. Merriam, of Robinson & Cole, and asked him to proceed with having the title to Phase 1 and Phase 2 of the Silvestri's property conveyed over to KF. I have also spoken with Mr. Arsenault and have asked him to submit a proposal to us for preparing a site plan that will allow us to apply for an Earth Removal Permit with the Township. In addition, this proposal will include a survey of our property area, which contains additional clay reserves. We intend to apply for this permit as quickly as possible, pending the outcome of the conveyance of title and acceptance of the proposal from Design Professionals, Inc. I will alert you that it may take several months before we are able to submit the permit application because Mr. Arsenault informed me that they have a backlog of about 4-5 weeks of work that must be completed before they could start any project for us. Please contact me if you have any questions or concerns. Sincerely, ` � Barry Miller Manager- Safety, Environmental, and Quality cc. Ms. Michele M. R. Lipe, Assistant Director of Planning- Town of South Windsor Mr. Jeffrey Folger, Inspector- Town of South Windsor Mr. Arthur V. Silvestri, East Hartford Sand and Gravel Mr. Lewis K. Wise, Rogin, Nassau, Caplan, Lassman & Hirtle, LLC Mr. Robert J. Arsenault, Design Professionals Mr. Brian Hastings, Plant Manager- Redland Brick Inc.- KF Plant To: Design Professionals 165 So. Satellite Road South Windsor, CT 06074 From: Jeffrey H. Folger-Zoning/Wetland Enforcement Officer Date: February 4, 1999 Re: App. #98-72P - Review of the proposed East Hartford Sand and Gravel site plan-Plans dated 11/20/98. I have reviewed the proposed plan with the following comments: 1. The boundary between phase 3 and phase 4 needs to be marked in the field. It is difficult to determine where the boundary to Phase 3 ends. Phases 1 through 3 appear not to have been reclaimed as per the original plan. 2. The existing access drive is unnecessarily wide where it abuts the wetlands to the north. This access road should be reduced in width and stabilized with vegetation. Additionally the access road should be graded to minimize runoff to the north. 3. The existing clay pit appears to have encroached upon Phase 1. 4. The seeding schedule notes that general site restoration seeding would contain annual ryegrass. This is inadequate. The restoration seed mix should be comprised of permanent grass and legume species adapted to droughty conditions. Irrigation should also be supplied to maximize germination. 5. The existing temporary shelter should be moved outside of the regulated buffer. 6. The temporary soil stockpile for Phase 4 should be removed from Phase 3. This area should be permanently restored. 7. The long-term restoration plan should include significant shrub plantings that have wildlife habitat value. The IWA/CC application needs to be amended to reflect the amount of disturbance in regulated areas. East Hartford Sand & Gravel PH 2/26/99 1. Request to continue excavation of sand and gravel in the remaining phases at property located behind K-F Brick. it Lf"kag�,__orfLS"ng-Road-an -ice d1rav'ecav tion��current ceurring� Zu �e *�=:�et��of_th4a_sL Approval to excavate in all phases was previously granted by this Commission in 1987 and 1992; however, the permit expired in November 1994. The previous permits included seven phases of gravel excavation; the applicant indicated in the past that he would excavate about 20,000 cubic yards of material per year, and anticipated about a 10-year timeframe for excavation of phases 4-7. (It has been about 4 years since applicant began excavating Phase 4.) 2. Staff are concerned that the nature of the operation appears to be c4 angi since the previous permits were issued. Various building materials are stockpiled on site, including various types of stone and other earth materials; and there appears to be a brick-crushing operation occurring, with piles of uncrushed and crushed brick as well as crushers. This area is shown on the current plans. There is no indication in any of the past permit applications that materials not generated from the sand and gravel excavation would be marketed; and 1986 aerial photos don't show any such stockpiles. Also, I don't recall seeing an operation of this nature during site visits for the 1992 permit renewal. This operation appears to go beyond the excavations permitted under the Sand and Gravel removal section of the zoning regulations. The Commission may want the applicant to apply for a Special Exception approval for storage and sales of building materials. 3. ce s to the site wile contin, e�,e from Route-5, 'ia Brickyafd-oad;� it �en i�tRe pktNt. 4. There are regulated wetlands on the site. IWA/CC approval has been kept up to date and was valid until October 1998. The application was heard by the IWA/CC on 2/17/99 at which time the no action was taken. Some of the concerns raised by them at that meeting included: ♦ locating of wetlands, northerly property line, and the phase lines. The applicant's surveyor will be locating these in the field for the Commission to revisit the site ♦ stabilization of the excavated areas prior to permanent restoration; reclamation of phases 1-3 has not been completed per plan, and ♦ submission of a long-term restoration plan that would include planting to increase the wildlife habitat value The IWA/CC will be hearing this application again on 3/4/99. 5. We are currently holding two passbook bonds on this project, for a total amount of$25,000, to ensure erosion and sediment control as well as stabilization after each phase is excavated. 6. As excavation of the site progresses eastward, clearing of the trees on the site has been proceeding into phase 5. 7. Proposed excavation will result in maximum cuts of 12-14 feet, slopes at 1:3, and some cuts up to 4-5 feet into the groundwater table. 8. Section 14 of the zoning regulations provides guidelines for the Commission for the approval of sand and gravel operations, including the effect of such removal on surrounding property and the future usefulness of the premises when the operation is completed. Also, according to the provisions of Section 14, such permits shall be issued for a period not exceeding two years. The regulations also allow PZC to grant unspecified extensions of time or modifications to the scope of work originally approved. We would like the applicant's request for permit renewals to be much timelier in the future if this permit is renewed. If approved, the Planning Department has no other requested approval modifications. J _) d�rl r ! s" R E� Elul E pppp- DESIGN PROFESSIONALS, INC. MAY %410 civil engineers planners surveyors gis S9i1TN May 24, 1999 Ms. Marcia Banach,Director of Planning Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Dear Marcia, Re: Planning&Zoning Commission Application DPI Project No. 86-119 East Hartford Sand& Gravel South Windsor, Connecticut Due to statutory constraints,my client hereby withdraws his application and will submit new applications in the near term to the Inland Wetlands Agency and Planning&Zoning Commission. Thank you. Sincerely, Design P fessionals,Inc. By: Peter R. DeMallie,Principal &Agent East Hartford Sand& Gravel cc: Arthur Silvestri Lew Wise Robert Arsenault 165 South Satellite Road, South Windsor, CT 06074 Tel. 860 291-8755 Fax 860 291-8757