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HomeMy WebLinkAboutSubdiv - Conservation (4) TOWN OF SOUTH WINDSOR RECEIVED INLAND WETLANDS, WATERCOURSES AND CONSERVATION APPLICPq§)J 5 2002 Application # CO2 -O 3 f Date Received 3�(� o—A INLAND South Windsor AGENCY CONSERVATION COMMISSION 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: MACIC- C(le"J>c Address: F-,4 we - T V i La I o D r`�VL C=-T C c C�,1(,- Phone: (home) co Z3 -ui 43 (work) (fax) o-P �-4 Cs 4�k- ��y`.� -zAwc� B. Legal owner's name: c-;a� ?o w. An�. , �, >�12,a, ,�L�2mvoe Address Z.-1 "�toU home) 9 L 4 q q31� (work) (fax) ist a ditional 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 Name (if any) a s '3 D I v i es ; 1. Contact Person (if further information is needed) (work) 6"�Y1 i >f� j _(fax) C� o-i 41 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. 7 1 Assessor's map # i t- Parcel # k Z Zone 1:Z F. Names of all abutting property owners from records in Town Clerk's office. (use separate sheet if necessary) 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? ** (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: i Vk L W T E zc= DF C," �-'J C To v -r( -i L G z r�-7 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). K. Acreage of wetlands and watercourses in regulated areas to be altered: q o n.t F" L. Acreage of wetlands and watercourses to be created: 1J(:-,QC M. Lineal feet of proposed stream alteration: Q 0 t1i k-- N. Total land area of project and percentage which is wetlands: --"o -T 9 •Z1 A CR-L---> ►FL iz C c�1a lac G C t= 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.) 1-3 C-% 8 i P. The applicant (or designated representative) hereby attests that a sign will be r posted at the following location(s) BY Name on or before the following date 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 knowing 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 final decision has been issued. �') Signature of Owner of Property Date J t X A Signature of Applicant Date'( 9 CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION Statewide Inland Wetlands & Watercourses Activity Reporting Form n accordance with the requirements of Section 22a-39-14 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 Commissioner 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: 2. LOCATION:(original scale copy of the USGS QUAD Man with the site outlined or pinpointed) USGS QUAD MAP NUMBER: OR NAME: 1\-1 c 3. APPLICANTNIOLATOR OR PROJECT NAME: 4. ACTIVITY TYPE CODE: (see list of codes on back, max. of 4 codes) If type code is 12 or 13, briefly describe the activity: 5. ACTIVITY PURPOSE CODE: (enter only one code letter) . . . . . . . . . . [ ►_� ] 6. AREA OF WETLANDS AND WATERCOURSES ALTERED (or proposed to be altered, temporary or permanent, for ALL agency permits, denials and enforcement actions) A. Wetiand Area Altered: . . . . . . . . . . . . . . . . . . . . . . . . . . . [ ACRES OR SQ. FT.) (circle one) B. Open Water Body Area Altered: . . . . . . . . . . . . . . . . . . . . . [ C% ACRES OR SO. FT.] (circle one) C. Stream Alteration: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ U LINEAR FT.] 7. AREA OF WETLANDS OR WATERCOURSES CREATED: . . . . . . . [ U ACRES OR So. FT.) (do not include wetlands converted to open water)- (circle one) 8. TOTAL AREA OF PROJECT SITE: . . . . . . . . . . . . . . . . . . . . . . [_ACRES] For Local Agency Use Only For State Use Only 9. REPORTING MONTH: 10. PUBLIC HEARING HELD: Y N GIS CODE # 11. ACTION: enter letter A. permit issued B. permit denied C. permit extended/amended D. map amendment E. enforcement action F. jurisdictional ruling 12. AGENT: DATE RECEIVED DEP/rev.1/95 MANCHESTER QUADRANGLE CONNECTICUT C 6h6V\� 7.5 MINUTE SERIES (TOPOGRAPHIC) 1" 660000 FEET 705 WINDSORVILLE 1.3 M1. 707 %?°30' 41°52'30" \`� N 4638 \ $ ' •,:. _ 74 360 J W�1e \ \ `� Tahk' lx, I!— I SJbstatlon \ _ 771 *10 ��'; •o, ;� .y ��f / 3 • Oct_ Temp re,B!�h F}il�el l ay; �.0 4.,•)• N1EL \U e� 370 000 - • �" 1! �' FEET 1 tO 1 4 l a _J , v y t eet ©° Sc 1g= z \ 0 1 :• , 3»x \ + rt 4634 Urchard H►140 'N" I 4633 ff \ ` • \ .1/ O•/II to February 12, 2002 To Whom It May Concern: Re: John J. Pudim Jr., Est. Property on Niederwerfer Road, South Windsor 1, FAwc,-z, � , give my permission for Mario Giroux (Giroux Construction) to apply for all necessary approvals for development of the 9.27 acre parcel, Assessor's map 150, parcel 12, on Niederwerfer Road, South Windsor, Connecticut. I understand that members of the town staff and various commissions may visit the site to conduct their business and they have my permission to do so. Sincerely, ATrACBmENT 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 something can be built on anv of the approved lots? 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 trying 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 -47 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 ATTACBMENT E VIA FAX April 2,2002 Elizabeth Warren, Chairperson Town of South Windsor IWA/CC RE: Application#01-4'/Y 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 tht IWA/CC ii=Lng. I have given the 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 Wetland Alatercourse and Conservation Regulations(Section 11.2F) indicate that in malting a perniitting 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 wetlanrlc or 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 ronficriirntion. 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: Approve the application with specific conditions, including the eliminaron/combulation of lots, as agreed to among commission members; or, 2. Deny the applicaron 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 currant wnfiguratiou, if the commission has reservations about whetter some of the lots should be developed. Sorry thic is cn long-winded. Phil Forzley IWAI/CC Commissioner 1 y tpW M 8'r Ci v 9 h 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 SOR-cO TELEPHONE (860) 644-2511 April 11, 2002 Certified#70993400000557238093 Giroux Construction 84 West View Drive Broad Brook, CT 06016 RE: Appl. #02-08P Pine Woods Subdivision—westerly of Niederwerfer Road, RR, Rural Residential zone To Whom It May Concern: At the April 3, 2002 regular meeting, the Inland Wetlands Agency/Conservation Commission approved application #02-08P—Pine Woods Subdivision—Inland Wetland/Conservation Commission application for the construction of a 3-lot residential subdivision, including houses, septic systems, wells and associated improvements on property located westerly of Niederwerfer Road (Assessor's map #150, parcel #12) RR, Rural 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. Pine Woods Subdivision April 11, 2002 Page 2 6. Erosion Control Measures to be installed prior to any clearing taking place. 7. A note should be placed on the deeds to inform potential buyers that there is regulated area on their property. 8. Plans should be revised to show that the curtain drains are not discharging into the regulated area. 9. When the site plan is submitted for a building permit, the wetland boundaries should go to the property line. Very truly yours, INLAND WETLANDS AGENCY/ CONSERVATION COMMISSION Elizabeth . Warren, Chairperson EW:dr cc: Chief Building Official Town Engineer