HomeMy WebLinkAbout02-02W Earthen Berm TOWN OF SOUTH WINDSOR
INLAND WETLANDS, WATERCOURSES AND CONSERVAfTION APPLICATION
Application# O A-0 9W Date Received
INSTRUCTIONS
1. Fifteen applications. (15) with map and plans (2 copies) shall be submitted together with the fee set forth
in the Inland Wetlands, Watercourses and Conservation Regulations, Town of South Windsor. (See
Regulations, Section VII-X)
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 VII-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. The applicant shall also complete the state filing
form.
A. Applicant's Name: Clark Realty
Address: 658 Ellington Road, South Windsor, QT 06074
Phone: (home) (work)282-0628 (fax) 528-7889
I-ots 89 & 91: Clark Realty
B. Legal owner's name: Tnt go. Ri r hara n & Maria Fvan"P1 i nP M Si Pt-7
658 Ellington Road, South Windsor, CT 06074
Address 112 i11-Prt- Tane, Smith Windsor, CT 06074
Sietz, Clark Realty,
Phone(homep44-7124 (work) 282-0628 (fax)
(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 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 Nwne(if any) Demi nc Hill F-qJ-;=i-aa -qPg-i-;nn -1 rInf-c RA, Can, & M)
1. Contact Person(if further information is needed)
P(-t r R T)PMaI1T--51= PrnfP441anal.,J(LvOrk) 291-875ti (fax) 291-8757
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 Watercourse Map. Lot 89=76
90=75
Assessor's.map#_23 Parcel# 91=74 Zone AA-30
7
F. Names of all abutting property owners from records in Town Clerk's office. (use separate sheet if
necessary)
See attached sheet
G. Have you notified all abutting property owners (from records in Town Clerk's office) by certified letter that
an application is pending before the Agency?
Yes
E ** (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 of disturbance in square feet
and types of fill and the time element involved:
Purpose earthen berm as a visual/noise barrier between Buckland Hills Mall and Deming
10,067 s.f. (21,400 s.f. of fill in upland review area) . Time element: filling is
complete Plantings to be completed during the spring, or as directed by the Town's
environmental planner.
I. A class A-2 map of the property drawn to 1"=40', showing the area to be developed, extent of the wetlands
and watercourses affected, topography, existing and proposed activities and names and locations of adjacent
property owners must be submitted.
J. Amount of regulated area disturbance and types of fill(including wetlands and regulated buffers).
Amount: 10,067 s.f. -wetlands dist./21,400 s.f. review area dist. Types: see above under H.
K. Acreage of wetlands and watercourses in regulated areas to be altered: 0.23 Ac.
L. Acreage of wetlands and watercourses to be created:
M. Lineal feet of proposed stream alteration: 0
N. Total land area of project and percentage,which is wetlands: 3 1 C) s = 147,773 s.f.
(3.39 Ac.) , 6.8 o wetlands
O. Identify all other permits or approvals that have been issued, applied for, or required with respect to the
proposed activity set forth in this application. (These may include 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.)_1�./A
P. The applicant (or designated representative) hereby attests that a sign will be posted at the following
location(s)a i Qnq Gilbert Lane fronta=
By DPI Name Peter R. DeMallie
on or before the following date as directed by Town Staff
8
Signature:
These signs must be displayed continuously for at least ten (10) days prior to scheduled meeting (see
Regulations, Section 7.3a)
The undersigned hereby applies for the regulated activities listed in paragraph H above, for a Inland Wetlands,
Watercourses and Conservation permit for the property described herein and confirms that:
1. She/he is familiar with the currently effective Inland Wetlands, Watercourses and Conservation Regulations
of the Town of South Windsor.
2. She/he understands that at any time during the review period, the Agency may require the applicant to
provide more information about the wetlands and/or watercourses in question and/or any proposed activity.
3. All information submitted in the application for review shall be considered factual, or in the case of
anticipated activity, binding. A]mowing failure of the applicant or any of her/his agents to provide correct
information, or performance exceeding the levels of activity anticipated, shall be sufficient grounds for
revocation of any permit under these regulations.
4. By making this application, the applicant gives permission to the Inland Wetlands,
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 before and after a I decision has been issued.
-L A ent for Clark Realt
Signature of Owner of P erty Date 1/8/01
AkA ent for Clark Realt
Signature of Applicant Date 1/8/01
9
MEMORANDUM
To: South Windsor Inland Wetland/Conservation Commission.
From: Jeffrey H. Folger- Zoning/Wetland Enforcement Officer
Date: October 29, 2001
Re: Review of the proposed Clark Realty application to allow an earthen berm to remain
on lots 90 and 91.
The application is allow an erroneously constructed earthen berm to remain along the
southern property edge of two lots in the Deming Hill Estates subdivision. Disturbance
within the regulated area equals 10,067 sqft and disturbance within the 80-foot upland
review area equals 14,246 sqft.
Site: The site is located in the Hockanum River watershed. Historically, the site has
been used as an agricultural field with a combination of tilled field and hayland. This
area has reverted to a meadow/early successional forest. Relief on the site is flat to gently
sloping to the southeast.
The wetland on the site is a southwestern portion of a 23-acre forested wetland. This
particular area showed little evidence of recent disturbance, although there are remnant
farm roads through some of the dryer areas. The vegetation types in this area are forested
and shrub/scrub, with some areas of wet meadows. Wildlife habitat would be considered
moderate in the local area, but the connectivity to the larger wetland to the east gives the
area higher marks. This wetland drains into Manchester to the south into the Buckland
Mall detention system.
Major functions of this wetland area would be flood storage, nutrient and sediment
trapping, wildlife habitat, and some groundwater recharge. The esthetic values in this
area are in my opinion high. The vegetation in this wetland area also provides visual
screening from development to the south.
Impacts: The removal of the wetland area has reduced the wildlife habitat value in the
local area by eliminating shrubs and herbaceous plants used for food and cover. Runoff
from the lots will travel an extra distance to the southeast before entering the forested area
on lot# 89.
No compensatory mitigation has been proposed
Mar 20 02 04: 15p 860-291 -8757 p. 2
OPpl - *f Oa- nay
�rw
HIGHLAND SOILS LLC
December 10, 2001
Mr. Peter DeMallie
Design Professionals, Inc.
165 South Satellite Road
South Windsor, CT 06074
RE.' WETLAND ENCROACHMENT
DEMMING HILL ESTATES SECTION III
DEMMING ROAD, SOUTH WINDSOR, CT
Dear Peter:
I conducted the original wetland delineation on the above-referenced property. In
addition to the original field work, I confirmed the wetland boundaries on the adjacent
property in Manchester(a wetland delineation was conducted on the adjacent wetlands in
1999). I believe those wetlands between the barn foundations did not meet the vegetative
criteria for inclusion as Jurisdictional Wetlands(Army Corps Wetlands).
I had the opportunity to view the subject area over a period of years and remember
the area quite distinctly. My first impression of the area was that the area had been
misidentified as a regulated wetland. However,upon doing the necessary field work for a
detailed wetland delineation it was apparent the soils met the criteria for inclusion as a
regulated wetland, but the vegetation was more indicative of a terrestrial environment.
If you have any questions, or require additional information, please call me at
{860) 742-5868.
very truly yours,
John P.lanni
Professional Soil Scientist
c 1det'_001\demming.doc
P.O.Box 337,Storrs,Connecticut 06268 (860)742-5868
J
Connecticut Ecosystems u.c
- Wetland Delineation - Wetland & Aquatic Evaluation • Natural Resource Inventories h.
- Mitigation - Project Planning - Permit Assistance Expert Testimony
January 7, 2002
Design Professionals, Inc. App1. #02-02W
Attn.: Ms. Karen Isherwood
165 South Satellite Road
South Windsor, CT 06074
Be. Deming Hill Estates
Berm on Lots 90& 91
Gilbert Lane South TVindsor, CT.
CE Job#01-494
Dear Karen:
At your request I inspected the above-referenced site on November 20, 2001. The
purpose of the site visit was to inspect the berm at the rear of Lots 90-95. The berm was
originally constructed on Lots 91-95, and was recently extended to provide screening
from the nearby shopping mall on Lot 90. In the process approximately 10,000 square
feet of inland wetlands were filled. The South Windsor Inland Wetland
Agency/Conservation Commission has requested the applicant prepare a mitigation plan
to compensate for this wetland impact.
Existing Conditions
The north side of the older portion of the berm on Lots 91-95 ("old berm") was planted in
the past with a double row of white spruce shrubs(Photo 1). These have since grown to a
height of 10-15 feet, and provide excellent visual and auditory screening. South of these
spruces, the top of the old berm is unvegetated. This level area of bare soil is
approximately 510 feet long and 15 feet wide.
The recently extended portion of the berm on Lot 90("new berm") supports a dense
growth of lawn grass(Photo 2). The top of this portion of the berm is approximately 250
feet long and 15 feet wide.
The area south of the new and old berms contains a wooded wetland and early
successional shrub and sapling growth. The remains of a building foundation can be
found in this area.
38 Westland Avenue - West Hartford, CT 06107 - Phone & Fax (860) 561.8598 - email ecosys@connico.net
Design Professionals, Inc. Page 2
Re:Deming Hill Estates South Windsor, CT 01107102
Recommended Planting Plan
I recommend the planting of a double row of 24 white spruce shrubs near the top of the
slope of the new berm to provide screening. Immediately south of these spruces, along
the top of the new berm, I recommend planting 135 additional shrubs for habitat
enhancement (Table 1). All plants should be 2-3 feet tall, and are typically available in
1-3 gallon containers.
Please do not hesitate to contact me if you have any questions regarding this
correspondence.
Very truly yours,
Connecticut Ecosystems LLC
1 `
Edward M. Pawlak
Registered Soil Scientist
Certified Professional Wetland Scientist
Connecticut Ecosystems LLC
O
Table 1. Mitigation Plants
Number to be Planted
Scientific Name Common Name on New Berm
Betula populifolia Gray birch 15
Pinus strobus Eastern white 15
pine
Prunus serotina Black cherry 15
Prunus vir iniana Choke cherry 15
Cornus racemosa Gray dogwood 15
Corylus americana American 15
hazelnut
M rica pensylvanica Bayberry 15
Rhus lyphina Sta horn sumac 15
Vaccinium angustifolium Lowbush 15
blueberry
Picea glauca Whitespruce 24
Total 159
Notes: 1. All plants to be established at 6 feet on-center spacing.
2. Plants will be 2-3' tall, and purchased in 1-3 gallon containers.
3. Plants can be obtained from New England Wetland Plants, Inc. (413-256-1752)
Connecticut Ecosystems LLC
oI -ySP
J
Attachment D
To: N.'r. Jeff Folger Date: 17-01-02
Environmental Planner/Conservation officer
Town of South Windsor
1540 Sullivan ave.
South Windsor, CT 06074
From: Claude Nlercier Tel: W 565-0909 or H 644-9707
19 J T adeo,tt Rjdi:,e Roa,'
South Windsor, CT 06074
CC: Ms. E. Warren, Dave Viar
Subject: Proposed new Mannarino Subdivision, East side, 960 Avery Street
Ref: Public Hearing on the above subject at Town Hall on the 9"'Jan 2002
Mr. Folder,
I was glad to see that the committee is looking at the possible alternatives prior to making the final
decision.
Per m_v discussion at the referenced hearing both Dave Viar and I expressed possible alternatives to
the development that would:
a-Be ler protect the wetland and nature currently on the site.
b-Protect the existing mature trees that add to the ecosystem and aesthetic beauty of the area.
c-R educe the reed for conservation casements on lots
and
d-u-nprove the value of many ofthe lots.
To facilitate in the evaluation of possible alternative and better express my ideas and concepts, I
have drafted three possible options.
T riese ;:re :u s'.et hes to better visualize the potential and are not intended to he the final
,product. The applicant could with, relative ease in my opinion, generate computer models
based on these sketches in order to optimize them and take into account the true scales, town
and state regulations etc.
The Options are depicted as: (see attached)
Al- Revised Phase 2 with L shape street
A2 Revised Phase 2 with L street with island divider(Variation of.PA' 1)
B Phase 2 with access from Phase I and not Sweet meadow
Please pass these possible alternatives to the Planning & Zoning committee, the Wetland
preservation committee and who ever else you feel has a need or interest in such proposals.
Best Regards
CXwo,le �
/71A-e-`oZ-
January 17. 2002
Description of the possible alternatives:
A!- Revised Phase ? With L shape Street
Feiitur es:
,ks seen the proposed street is •'L ' Shaped to i.iNi e better use of the Ino ih east co :flen
As expressed in the meeting 1 think Tot 10 can he moved on the north side of the street due to the
ivn ,er available street le_�gth.
The street di%;der in front of lots 14 was removed as the spat- is in :;3ti �;1;ii��oil i„etter used In
moving the hvuSes a��ay (iom the ivetland. Lots hand I , we,. A zan.=;eCi Sll�iitI r
As lot 10 no Ion,er Limits the street defirttton. the curved was moved further south. This improved
lots and by allov.ing the houses to be further fr%J the current tree-line. The house on lot 9 can
also be moved further from the tree-line as lot 10 was relocated.
The created open lot (where lot 10 used to be) could possibly be developed into a nice little
pedestrian entry- area to the open space. ,
Benefits:
a-Better protect the wetland and nature currently on the site.
Moves houses 10 out of the wetland area
Moves lots I 1-15 further away from the wetland
b-Protect the existing mature trees that add to the ecosystem and aesthetic beautv of the area.
Moves houses 9 and 24 awav from the tree line
Moves tots 11-15 fi:rther away 13 Qni the nature tr��s
e-Reduce the deed for conservation easements on lots
Lot 10 and I 1 are moved out.
d-improve the value of many of the lots.
Lets 10 & I I are improved by not having the restrictions imposed by the wetland
conservation.
can be better utilized by the future owners.
Currently, lot 20 and 21 in pariicular have extremely long backyard on which the
growth is not very attractive small brush that has overtaken the area.
January 17, 2002
A2- Revised Phase 2 with L shape street with middle island
Features:
Miner variation on option A].
A middle Island added to improved lot 12, which was compressed due to the inside corner in option
Al.
With the use of the island the north part of the development could be further optimized. I was limited
when doing option A I by lot arrangement of lots on the south side of the street(as expressed in the
above point.)
Street Island are present on 2 streets near my father.in law's resides. They are of good size and have
trees. They form a central place for kids to play. The issue of island maintenance needs to be
addressed by the town/applicant. as does the maintenance of the turning islands in the current
proposal.
Benefits:
Same benefits as option A
Provides even better use of the available area by moving the houses on the outside of the area where
the mature trees provide value to the home owners while respecting the natural beauty of the area.
January 17, 2002
B- Phase 2 with access from Phase 1 and not Sweet meadow
As a resident of Talcott Ridge road I have 2 issues with the fact that phase 2 of the project has access
from Sweet Meadow drive.
1- Added traffic on Talcott Ridge will mean increased danger potential for kids.
It should be noted that the proposed 16 houses is 31% of our 51 lot area
which is a significant number.
2- The residents of Chase Orchard HOA are currently assuming the burden of the street
sidewalk and grass from the clubhouse to Avery. (grass fertilization, grass cutting,
snow removal and general upkeep expences).
I would consider it economically gnfair if phase 2 was built with Sweet Meadow
access without participation in these costs.
Features:
With this option I am exploring possibility of making a stand alone development.
I realize that many may have strong objection to this proposal as it crosses the open space. However,
my proposal strives to accomplish this-with minimum intrusion on the open space. The road would
pass through the open space but that is similar to roads through park-land or for that matter the
access road to Cutler's Ridge H.
The location of the proposed road would be where the current remains of the access road is. We
therefore have a precedent for a road in the proposed area. The services could remain as currently
planned with the services for phase 2 coming from Sweet Meadow. This would mean that only
electricity for the street light would be required in the street section where no houses are planned.
The street could therefore follow the current elevations with the exception of a crossing for the
stream. The drain water could be managed to the side as is done in parks or rural areas.
The provided sketch phase one was reconfigured to relocate lot 9 from phase 2 to phase 1. This
enables the elimination of lot 9 in phase 2 where the road emerges and does not reduce the total
number of lots.
The rest of phase 2 can be per proposals Al or A2.
Benefits:
In addition to the Benefits of proposals Al or A2 I see the following benefits.
a-Better protect the wetland and nature currently on the site.
Moves houses 9 and 10 out of the wetland area
Moves lot 5 further from the pound
b-Protect the existing mature trees that add to the ecosystem and aesthetic beauty of the area.
Moves houses 9 and 24 away from the tree line
c-Reduce the need for conservation easements on lots
And reduces the traffic on Talcott Ridge.
ATTACHMENT C
MEMORANDUM
TO: Elizabeth Warren, Chairperson
Inland Wetlands Agency/Conservation Commission
FROM: Barry D. Guliano
Town Attorney
DATE: March 20, 2002
RE: Effect.of Approval of Application for Industrial Subdivision
In response to your request for a legal opinion, I can provide you with the
following .information. You have indicated that the Commission is deliberating
on an application for an industrial subdivision that proposes 41 lots, of which
several lots contain large portions of wetlands and/or upland review area
(buffer). You indicate that some Commissioners feel that some of the lots may
have physical restrictions that would render them unbuildable for any
application proposed as a stand-alone lot. If the subdivision is approved, the
individual lots which contain regulated areas would have to come before the
Commission for site plan approval if the proposed activities are deemed to be
regulated.
You have asked two specific questions with respect to this situation:
1. If the subdivision is approved as submitted, is there an implicit
understanding that somethine can be built on any of the approved
lots?
w
Elizabeth Warren
Page 2
March 20, 2002
2. If repeated applications to develop one of these lots was denied by
the Commission, could a finding of a taking be determined on an
appeal?
As to the first question, in my opinion there is a great risk that the
approval of the subdivision would render it very difficult or impossible to later
find that nothing can be built on a particular lot when the owner of that lot
appears before you with a specific site plan for approval. This is especially true
where the owner of the individual lot is a bona fide purchaser, meaning that
the purchaser is involved in an arms-length, third-party transaction to
purchase the lot without any specific knowledge of conditions or comments
which may have been made during the approval of the subdivision as a whole.
Such an owner could rightfully indicate that they had taken reasonable steps
to determine from the public record whether the lot was approved to be a
buildable lot and had purchased the lot with this understanding based upon
this review of the public record. Such a review would probably not provide any
information of any conditions or concerns relating to a particular lot, where the
subdivision as a whole had been approved, indicating the lots to be created. In
short. if Commissioners have any concern that particular lots may be
unbuildable given wetlands restrictions, the developer should be advised of this
and the current application should be denied because of those concerns. The
Elizabeth Warren
Page 3
March 20, 2002
Commission should state for the record the precise concerns for which the
application is being denied. The developer could then return with a new
application with an amended subdivision which does not contain or has
reconfigured the questionable lots.
With respect to the second question, there is a much greater risk of a
finding that a taking has occurred if the Commission raises its concerns
regarding a particular lot after having approved the subdivision as a whole.
This is because one of the critical issues in finding that a taking has occurred
is that property is unsuitable for any reasonable use of the property. If this
test is applied to the subdivision as a whole and the Commission has raised
issues as to a few lots in that subdivision, the owner is in a very difficult
position of tn•ing to establish that no reasonable use could be made of the
entire parcel. It is not enough in that situation for the developer to show that .
there is no use available for a few specific lots being suggested by the
developer. On the other hand, if the Commission determines that there is no
use available for a particular lot because of the wetlands on that lot, and does
not make this.determination until the application by the individual lot owner,
there is a substantially greater risk that a court would determine that this
constitutes a taking.
If I can provide any further assistance, please do not hesitate to contact
me.
ATTACHMENT D
MEMORANDUM
TO: Elizabeth Warren, Chairperson
Inland Wetlands Agency/Conservation Commission
FROM: Barry D. Guliano
Town Attorney
DATE: April 3, 2002
APPL*01 -y1 P
RE: Supplemental Opinion to Memorandum Dated March 20, 2002
Regarding Industrial Subdivision
I had previously provided you with a legal opinion dated March 20, 2002
regarding your questions on an application for a 41-lot industrial subdivision.
In reviewing my opinion, I may have left the impression that your only options
are to either approve the subdivision or deny it. As I am sure you are aware,
Connecticut law and Section 12.1 of your Wetlands Regulations allow you to
approve an application with conditions. You have the power, therefore, to
approve certain lots as depicted in the application papers, conditioned upon
the withdrawal of other specified lots. You could also approve the subdivision
based upon conditions that the lots be modified as the Commission sees fit,
such as combining certain lots or providing other modifications to the current
plan. While you have the power to grant the application with such conditions,
there is no requirement that you do so. You still may choose to deny the entire
application and require that an amended application be submitted.
Elizabeth Warren
Page 2
April 3, 2002
Regardless of the option chosen, the Commission should be certain to make
the reasons clear on the record for its actions, including any conditions which
you seek to impose.
If I can provide any further assistance, please do not hesitate to contact
me.
BDG/mpg
ATTAC VENT E
VIA FAX
April 2, 2002
Elizabeth Warren, Chairperson
Town of South Windsor JWA/CC
RE: Application#01-4'/P South Windsor Technologies Center LLC
Dear Betty:
I have committed to participating in a classroom lecture on the evening of Wednesday
April 3,so I will miss the rWA/CC mr-dung. I leave given tho referenced application
some thought and have reviewed our files, and I would like to express my opinion.
Thn Connecticut Inland Wetlands and Watercourses statutes (section 22a-41a)and the
South Windsor Inland WetlandVatercouuse and Conservation Regulations(Section
11.2F) indicate that in making a permitting decision,the Commissioner/agency shall take
into consideration all relevant facts and circumstances,including but not limited to
"impacts of the proposed regulated activity on wetlands or watercourses outside the area
for which the activity is proposed and future activities associated with or reasonably
related to,the proposed regulated activity which are made inevitable by the proposed
regulated activity and which may have an impact on wetlancic nr watercourses"(my
underlines).
Members of the staff and commission feel that the current layout proposes lots, which,
because of wetlands and other factors, should not be developed in their current
rnnfignrttion. After reviewing the regulations and Barry Giuliano's 3/20'02
memorandum to the commission, I believe the commission should do one of two things:
i. Approve t' a application with specific conditions, including the
eliminat•:on/combination of lots, as agreed to among commission members; or,
2. Deny the at) licaron based on the finding that there may be a feasible and prudent
alternative that has less adverse impact on wetlands and watercourses.
i do not believe it is in the commission's or the applicant's best interests to approve the
subdivision in the current wnfiguratiuil, if the commission has reservations about
whether some of the lots should be developed.
Sorry thic ie cn long-winded.
Phil Forzley
1WA'CC Commissioner
1
SOWN 8E4
o
S a;
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
SOR.Co TELEPHONE (860) 644-2511
April 11, 2002
Certified#70993400000557238062
Design Professionals, Inc.
Attn: Peter DeMallie
165 South Satellite Road
South Windsor, CT 06074
RE: Appl. #02-02W—Clark Realty, lots #90 & 91 of Deming Hill Estates subdivision,
AA-30 zone
Dear Mr. DeMallie:
At the April 3, 2002 regular meeting, the Inland Wetlands Agency/Conservation
Commission approved application #02-02W—Clark Realty—Gilbert Lane—Inland
Wetland/Conservation Commission application to allow an earthen berm to remain on
lots #90 & 91 of Deming Hill Estates subdivision (Assessor's map#28, lot#90 & 91)
AA-30 residential zone. This approval is subject to the following conditions:
1. One blueprint copy of the entire set of 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. Plans submitted to
Planning & Zoning Commission shall be considered having met this requirement.
2. The application shall indemnify and hold harmless the Town of South Windsor
against any liability, which might result from the proposed operation or use.
3. The permit is valid for five years and shall expire on April 3, 2007. It is the
landowner(s)/applicant(s) responsibility to track expiration dates and notify the
Commission of a renewal request at least 65 days prior to expiration.
4. All approvals required must be obtained and submitted prior to any activity on the
site.
5. A contact person shall be identified on the plans.
Clark Realty
April 11, 2002
Page 2
6. Stabilize the south side of the berm with a legume seed mix and ground cover.
7. Erosion control blankets and topsoil to be used on the slope.
8. We recommend a bond in the amount of$25,000 be submitted to the Planning&
Zoning Commission to ensure establishments of the plantings being used as
mitigation and the transfer of 1.03 acres to the South Windsor Land Trust 30 days
from the time of this approval.
9. Any large debris on the 1.03 acres to be removed, subject to staff inspection.
Very truly yours,
INLAND WETLANDS AGENCY/
CONSERVATION COMMISSION
.52
LC
L.'�`
leth A. Warren� Chairperson
EW:dr
cc: Chief Building Official
Town Engineer
Clark Realty
ELIZA
ETH
AUSTIN
PULLMAN & C OMLEY, LLC RAYM ND J.BALDW MICHAEL N. DATOE JAMES T. M SHUN ROD W.F S.RIPRETA
RAYMOND E.BALDWIN,JR. JOSEPH M.LODATO H.WILLIAM SHURE ROD W.FARRELL
MORRIS W.BANKS LISA A.MAGLIOCHETTI CHRISTOPHER J.SMITH ERIC J.GEORGE
Attorneys At Law COLLIN P.BARON THOMAS E MAXWELL,JR. JOHN E STAFSTROM,JR. MATTHEW M.HAUSMAN
DEBORAH S.BRECK EDWARD E MCCREERY.III JAMES B.STEWART TRACY WHEELER LENNON
CHARLES K.CAMPBELL,JR. ANDREW J.McDONALD GROVE W.STODDARD MATTHEW E LUNDY
FRANK B.CLEARY ROBERT B.MITCHELL MARSHALL J.TOUPONSE NORMA R.MANDULAK
SHEILA ANNE DENTON HERBERT H.MOORIN JAMES W.VENMAN JENNIFER T.MCGRATH
JAMES G.DOWLING,JR. D.ROBERT MORRIS JOHN R.WARD DOUGLAS P.MORABITO
ANDREW C.GLASSMAN ALAN S.PARKER WILLIAM J.WENZEL JULIE A.MORGAN
LAWRENCE J.GOLDEN MARIE V.PHELAN BARRIE K.WETSTONE PETER S.OLSON
HIVE J.GOLDMAN ELLIOTT B.POLLACK JAMES P.WHITE,JR. MARY BETE KASPER RAPICE
BARRY D.GREENE MICHAEL G.PROCTOR MARJORIE WILDER BRIAN C.ROCHE
Reply to: Hartford NANCY A.D.HANCOCK LEWIS RABINOVITZ SAMUEL A.GILLILAND JONATHAN M.SHAPIRO
JOSHUA A.HAWKS-LADDS RICHARD C.ROBINSON (19MUEL4) PATRICIA SQUIRES
Telephone: (860)541-3307 DAVID O.JACKSON THOMAS A.ROUSE LORI L.UNDERBERGER
GEORGE J.KASPER ALAN I.SCHEER CHRISTIAN G.BELTZ GWEN P.WEISBERG
E-Mail: JJK@pullcom.com JOHN J.KINDL GREGORY E SERVODIDIO ALLISON M.BOGOSIAN AIMEE J.WOOD
MICHAEL A.KURS RONALD CASE SHARP KATHERINE E.CAULFIELD
NANCY DffONCE LAPERA MARGARET M.SHEAHAN ADAMJ.COHEN
May 2, 2002
Mr. Jeffrey Folger RECEIVED
Zoning Wetlands Enforcement Officer
Town of South Windsor MAY 3 2002
1540 Sullivan Avenue
South Windsor, CT 06074 South Windsor
INLAND WETLANDS AGENCY
CONSERVATION COMMISSION
Re: Clark Realty Application No. 02-02W
Deming Hill Estates Subdivision—Section 7
Dear Jeff:
Enclosed please find correspondence to Attorney Cummings transmitting to him the fully-
executed Quit Claim Deed from Clark Realty to the South Windsor Land Conservation Trust with
respect to the 1.05 acre parcel of open space land situated at the above subdivision. As you can see,
Attorney Cummings has assumed responsibility for the recording of this conveyance at the office of
the South Windsor Town Clerk.
I trust that this conveyance fully satisfies the requirement imposed by the South Windsor Inland
Wetlands Agency/Conservation Commission in connection with its approval of the above-referenced
application as set forth in its letter of approval dated April 11, 2002, a copy of which is enclosed. If
this is not the case, please contact me immediately.
Thank you for your anticipated cooperation.
)inrely,J. Kindl
mnm
Enclosures
cc: Ms. Michelle Lipe
Design Profesionals
HTFD/603 71.43/JJK/90133v 1
850 MAIN STREET P.O.BOX 7006 BRIDGEPORT,CT 06601.7006 (203)330-2000 FAX(203)576.8888
200 PEQUOT AVENUE P.O.BOX 510 SOUTHPORT,CT 06490.0510 (203)254-5000 FAX(203)254-5070
ONE CENTURY TOWER 265 CHURCH STREET NEW HAVEN,CT 06510.7000 (203)773.3006 FAX(203)776-7075
90 STATE HOUSE SQUARE HARTFORD,CT 06103-3702 (860)424-4300 FAX(860)424-4370
350 BEDFORD STREET STAMFORD,CT 06901.1743 (203)324-5000 FAX(203)363-8659
720 HOPMEADOW STREET SIMSBURY,CT 06070-2225 (860)651-9348 FAX(860)651-1431
www.pullcom.com
ELIZA
AUSTIN
PULLMAN & COMLEY, LLC RAYMBET{J.BALDW MICHAEL L DATOE JAMES T. M S UR ROD W.F S.IELL
RAYMOND E.OALDWIN.JR. JOSF,PH M.LODATO H.WILLIAM S}IURE ROD W.FAftRELL
MORRIS W.BANKS LISA A.MAGLIOCHETTI CHRISTOPHER J.SMITH ERIC J.(;FORGE
Attorneys At Law COLLIN R BARON THOMAS F.MAXWELL.JR. JOHN F.STAFSTROM,JR. MATTHEW M.HAUSMAN
DEBORAH S.DRECK EDWARD B MCCREERY.III JAMES B.STEWART TRACY WHEELER LENNON
CHARLES K.CAMPBELL.JR. ANDREW J.McDONALD GROVE W.STODDARD MATTHEW R LUNDY
FRANK B.CLEARY ROBERT B.MITCHELL MARSHALL J.TOUPONSE NORMA R.MANDULAK
SHEILA ANNE DENTON HERBERT H.MOORIN JAMES W.VENMAN JENNIFER T.MCGRATH
JAMES G.DOWLING,JR. D.ROBERT MORRIS JOHN R.WARD DOUGLAS R MORABITO
ANDREW C.GLASSMAN ALAN S.PARKER WILLIAM J.WENZEL JULIE A.MORGAN
LAWRENCE J.GOLDEN MARIE V.PHELAN BARRIE K.WETSTONE PETER S.OLSON
IRVE J.GOLDMAN ELLIOTT B.POLLACK JAMES P.WHITE,JR. MARY BETH KASPER RAPICE
BARRY D.GREENE MICHAEL G.PROCTOR MARJORIE WILDER BRIAN C.ROCHE
NANCY A.D.HANCOCK LEWIS RABINOVITZ SAMUEL A.GILLILAND IONATHAN M.SHAPIRO
JOSHUA A.HAWKS-LADDS RICHARD C.ROBINSON PATRICIA SQUIRES
Reply to: Hartford DAVID O.JACKSON THOMAS A.ROUSE 970.19991 LORI L.UNDERBERGER
GEORGE J.KASPER ALAN I.SCHEER CHRISTIAN G.BELTZ GWEN R WEISBERG
Telephone: (860) 541-3307 JOHN J.KINDL GREGORY E SERVODIDIO ALLISON M.BOGOSIAN AIMEE J.WOOD
MICHAEL A.KURS RONALD CASE SHARP KATHERINE E.CAULFIELD
E-Mail: JJK@pullcom.com NANCY DOONCE LAPERA MARGARET M.SHEAHAN ADAM J.COHEN
May 2, 2002
VIA HAND DELIVERY
Hal R. Cummings, Esq.
Cummings, Lanza and Purnhagen, L.L.C.
1610 Ellington Road
South Windsor, CT 06074-0667
Re: Conveyance of 1.05 Parcel to South Windsor Land Trust
Deming Mill Estates Sections 7
Dear Hal:
In accordance with your correspondence of April 30, 2002, enclosed please find the
original Quit Claim Deed from Clark Realty, Inc. to the South Windsor Land Conservation
Trust, Inc. with respect to the above parcel, which has been duly executed by my client. Also
enclosed is an appropriate conveyance tax form relating to this transfer.
As indicated in your letter, I trust that you will promptly make arrangements for the
recording of this deed at the office of the South Windsor Town Clerk.
Should you have any questions whatsoever regarding this matter, please feel free to
. contact_m__e.
Si c rely,
ehnJ. indl
mnm
Enclosures
cc: Jeffrey Folger, Zoning Wetlands Enf. Officer
Michelle Lipe, S.W. Planning Dept.
Design Professionals
HTFD/60371.43/JJK/90132v l
850 MAIN STREET P.O.BOX 7006 BRIDGEPORT,CT 06601-7006 (203)330-2000 FAX(203) 576.8888
200 PEQUOT AVENUE P.O.BOX 510 SOUTHPORT,CT 06490.0510 (203) 254-5000 FAX(203) 254-5070
ONE CENTURY TOWER 265 CHURCH STREET NEW HAVEN,CT 06510-7000 (203) 773-3006 FAX(203) 776-7075
90 STATE HOUSE SQUARE HARTFORD,CT 06103-3702 (860)424-4300 FAX(860) 424.4370
350 BEDFORD STREET STAMFORD,CT 06901-1743 (203) 324-5000 FAX(203)363-8659
720 HOPMEADOWV STREET SIMSBURY,CT 06070.2225 (860) 651-9348 FAX(860) 651.1431
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w� 1540 SULLIVAN AVENUE • SOUTH WINDS
�dSOR•C�'i~ TELEPHONE (S - - '
April 11, 2002
Certified #70993400000557238062
Design Professionals, Inc.
Attn: Peter DeMallie r _
165 South Satellite Road
South Windsor, CT 06074
RE: Appl. #02-02W — Clark Realty, lots 490 & 91 of Deming Hill Estates subdivision.
AA-30 zone y
Dear Mr. DeMallie:
At the-April 3T 2.40.2-.regular-meeting; the Inland Wetlands Agency/Conservation
Commission approved application #02-02W — Clark Realty— Gilbert Lane—Inland
Wetland/Conservation Commission application to allow an earthen berm to remain on
lots"#90"& 91 of Deming Hill Estates subdivision (Assessor's map #28, lot#90 & 91)
AA-30 residential-zone.yThis"approval is subject to the following conditions:
1. One blueprint copy of the entire set of 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. Plans submitted to
Planning-&Zoning Commission shall be considered having met this requirement.
2. The application shall indemnify and hold harmless the Town of South'Windsor
against any liability, which might result from the proposed operation or use.
J. The permit is valid for five years and shall expire on April 3, 2007. It is the
landowner(s)/applicant(s) responsibility to track expiration dates and notify the
Commission of a renewal request at least 65 days prior to expiration.
4. All approvals required must be obtained and submitted prior to any activity on the
site.
5. A contact person shall be identified on the plans.
M
Clark Realty
April 11, 2002
Page 2
6. Stabilize the south side of the berm with a legume seed mix and ground cover.
7. Erosion control blankets and topsoil to be used on the slope.
8. We recommend a bond in the amount of$25,000 be submitted to the Planning &
Zoning Commission to ensure establishments of the plantings being used as
mitigation and the transfer of 1.03 acres to the South Windsor Land Trust 30 days
from the time of this approval.
9. Any large debris on the 1.03 acres to be removed, subject to staff inspection.
Very truly yours,
INLAND WETLA- DS AGENCY/
CON,SERVA-TION-CUMMISSION
I� beth A. Warren, Chairperson
EW:dr
cc: Chief Building Official
Town Engineer
Clark Realty