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complaint - water problems
t'3 \ i l4ton I! IV W "t s October 27, 1981 South Windsor Planning and Zoning Commission Town Hall Sullivan Avenue �`�a `- d'Sr South Windsor, CT 06074. Dear Members of the Commission: As some of you are aware, the water problem nusiance for residents east of Park Center has been an ongoing problem since before the spring of 1973 . This is a matter of record in the Planning & Zoning records. For example, we refer you to pages 1861, 18622 1863 and 1864, 1889 and 1890, etc The problems have not subsided; if anything, they are getting worse, par- ticularly in the spring and fall and are, to a great extent, a function of the rainfall coupled with its intensity along with the direction from whence the rain comes.. Water in the cellars and property sink holes correlate with the twenty-four rainfall figures for South Windsor. Percolation in parts of the area is not good. Furthermore, the water table appears to be rising even though the sewer lLnes have been put thru. Connection to the sewer system has prevented septic tank flooding but does not eliminate the inherently high water table in the wetlands area where some of the houses are built. Water in the basements is not eliminated. Several years after the houses were completed in the Westwood Park Section of Pleasant Valley Estates, the land immediately west of the residences was pushed around and created more problems. Drainage ditches some of which were established over 100 years ago were filled in, berms were built and the natural drainage patterns were molested. When the records and aerial photography of the Park Canter and Westwood Park section were studied and examined at the Soil Conservation Survey office in Windsor with the help and assistance of the Hartford County SCS and State Water Resources personnel it became much more evident why some of the problems exist. In fact, it could be said that some of the houses in the area probably never should have been built in the first place. Drainage has to be improved and the water table in the area must be lowered. The SCS has offered the services of Mr. Vernon Anderson, Chief, District Conservationist, to walk the area with ^Buck" Pa Se, Bow Davies and three of the interested residents on Friday, October 3�t for the purpose of reevaluating the area in the light of what has been done in the past and ghat is contemplated for the immediate and longer range future. An updated study of the area including wetlands in question is certainly warranted. a 2 - Therefore, on behalf of the Pleasant Valley Estates Residents Association it is requested that the Planning & Zoning Commission move and approve the request to have this study made beginning with "walking the area" on October 30th as outlined above. Your help and cooperation in undertaking this study' 'o'is appreciated. We would anticipate that the study and recommendations would be the basis of preventing any further worsening of a water problem in Pleasant Valley Estates as well as to the west downstream along Newberry Brook and the fain Street area. Respectfully submitted, Pleasant Valley Estates ResidenU Association A W. Philip raender, Jr. WPBJr:nc President • Mailing Address: Pleasant Valley Estates Residents Assoc. Box 6 South Windsor, CT 06074-0006 Telephone: 203/289-7456 003 FUSS&O'NEILL consulting engineers November 23, 1981 Mr. Jules E. Page Town Engineer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Proposed Hydrogeologic Study Vicinity of Park Centre Industrial Park Dear Buck: In accordance with our previous discussions, please consider .this as a proposal to perform consulting services in connection with a study of ground- water fluctuation in an area generally illustrated on the attached map. It is the intent of this proposal to utilize to the greatest extent possible the personnel of the Town staff. The .scope of services presented below indicates those items that could most appropriately be carried out by Town staff. STUDY OBJECTIVE_ 1 . To develop an opinion of the impact of development in the area of the Park Centre Industrial- Park on the groundwater levels in the residential area immediately to the east. 2. If appropriate, make recommendations as to measures that could be implemented to reduce problems resulting from groundwater elevation. 3. To recommend methodology for monitoring future groundwater fluctuations. SCOPE OF SERVICES (C) Indicates Consultant �T) Indicates Tovvn Staff A. Data Needs (Within Study Area - See Attached Map) (T) 1 . Locations of all sanitary se ver lines and water lines and facilities connected thereto. 210 MAIN STREET / MANCHESTER. CONN. 06040 / TELEPHONE (203)646-2469 SCUD WAS;_ �. SEVEN b WASTE WA-ER S•;itGS!C.C.)% + - ;?S S?E MS a HY--:1%JGY X!a G-A!NAGE SYSTEMS%SITE PLANNING HMI Hvi V3, Zr.7 -PQIcS+SUf-:VEYMG>.1..,,"ai,APE A RICH ITECTU r a TF ii nC+PUBLIG YXA�$!y'AN�GESI:ST HYDFOGEDLDGY .r FUSS&aNBLL Mr. Jules E. Page Page 2 November 23, 1981 (T) 2. Approximate location of any water supply wells. (T) 3. Storm Sewers. (T) 4. Soil borings taken as part of the sewer program or other development. (C) 5. Surficial geology. (T) 6. Development history B. Homeowners Inventory (C) 1 . Prepare questionnaire for home owners east of the industrial park requesting pertinent information. (T) 2. Obtain home owner list, frail and receive replies. (C) 3. Analyze replies and plot on mapping. ' C. Monitor Welts (T)(C)1 . Install shallow monitor wells in 4 to 6 locations utilizing Town backhoe and monitor well material by consultant. Use of continuous well level recorder (provided by consultant) to monitor groundwater response to storm events. (T)(C)2. Install an additional 2 to 3 welts once analysis of available data is completed. D . Survey Needs (C) 1 . Elevations of free water surface reflecting water table. (C) 2. Monitor well elevations study phase. (C) 3. Monitor well elevations post study. E. Mapping Needs (T) 1 . 1"=200' scale map indicating current development. It would be desirable to have a 2' contour map. This would serve as the base map. jc 0 FUSS&O'NEILL Mr. Jules E. Page Page 3 November 23, 1981 (T) 2. On the base map, superimpose data compiled in A above. (C) 3. On the base map, plot groundwater elevations obtained in B above and develop an inferred water table contour map. (C) 4. On the base map, indicate problem areas and, if appropriate, remedial actions. This could be combined with E3 above. F. Data Analysis & Recommendations (C) 1 . Review all information gathered and develop opinions as to groundwater impacts resulting from industrial park develop- ment. (C) 2 . If appropriate, make recommendations for possible actions to reduce. impacts. (C) 3. Prepare tang range m.-jnitoring program to be imptem-ented by Town staff. G. Report Prepare a concise report with accompanying graphics that details study methodology, site geology, analysis and con- clusions. (T) 2 . Print report and distribute. If the work were to be apportioned in the manner described above, it is estimated that Fuss & O'Neill could comptete its portion of the work for a Jump sum of $7,000. Hopefully, the above reflects your thoughts on the method for approaching this interesting prob`em. Shajld- you desire, this matter can be discussed at your convenience . Very truly yours , Walter S . Fuss, P.E. 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't 'ti /. 1 ,� �• !/// /�'� . . 3\p ,•�• /,•• t•1 ?• �m O I: ,n °ts^°r's�d, ��rN '•���'? .o �. i. n �'',f' ;,\p'` I L ,- ,'�,j' 1� ,' %. �J/ .,r �•• t ;<i., �t�-\ �e.x• � \, { 'I a�'v ®' o..Tt'...r„s�•,.►, '°d'° ..° �° ; (gyp M m 8 r+• '1\'\' '.`,� ;} U �•!.ij c Q •4, fie,° `t':���P .•% r. � �rW ..�-�'^iJ0 ., \ :.�1 ��• 3 II\ ,',F, ' P�.°! a u � 0/ .del � !� � � -' nI ���,` °�_ t ,,�' 'a.�;� `�j2� : '•� :� r !1 1� !i� l J.• •�rQ,,11 Ili \ �1V � ' �i 1 O ^O ,{ •, t•+ {1] t •' �e��� co N4 � 1.�•�1,\br�� �r �. y i ( f •�• r.7�._-_` �� r j ,i jt'R � `�` ��i•' I\ Q2�`� •„ u / ''i�i �r'�°\ r- �N,•: ill �t '\;, I��,�a�•�a�'yr t', �.� 'y'_� \ '�' � �r 1: 1 /... � . 1 �'( , 7 fY r! �' r ''� �4� � � , I '+ • 1 � /jl U !• ,I ` •.1 , 17i J /•' �\I- 1! - u '4 rl •.I1 :. . bo i..� v , h�D 1 p�Q Q....• (1 \� `1!/?j�� 9 1.10�.._ ;� / .I�a� ���j Yam, 1, r, CCS I i "_:`�_ jn �', !',•� �lN, ',� �D\� �0 D C `�\` ��y\ � ',/G, �/" �„ ',�1�., ��i �� ��`t �'�c�l�• ,i ! n' s�.pll�.� 4��fp �'"••.,}• •�t• tti}};•. 1}, ('��` �•� • °\ 0 ��J//�� a �!a! ��o, ?r . 'J1 �• a }'`{ t- roi y•, n •`" ��•�.\' } \t !i �yo14 c; �`• .b / rr a� ' ,�t'�/• I!1 1` a' 4 ' •1:•.•`!�°:J•. • �•. ' '� _.r rr !/ •�!! �' ( \� ' '��i �♦ \ �'.• )tL'kit,t vk .N•ice'.. ' t '.1 `�,' 1' tl 1 11�•:�• ��.fi. �l �),l /� Y1' .�//`! � ' ` 1\'t '�7 �II� � 'I /'� ,If t .1, ! •'\Ir'1 �1„•�l .\�fll:�/�• n„ • r,U � ! 1/'•' t) ��I \�• ��I� r�� ;'�/. �t r ' N 301 HARTFORD AVENUE P.O. BOX 11446 NEWINGTON, CT 06111 (203) 549-3200 BROS. . December 15, 1981 Ms. Constance Eriksson, Chairperson Inland Wetlands Agency Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Ms. Eriksson: At the December 8, 1981 meeting of the Planning and Zoning Commission , I informed the Commission that I had retained a highly competent engineering firm to perform a ground water study in the Parkcentre area. I offered to make the results of this study available to the Commission when it was com- pleted. I very clearly stated that they were welcome to utilize these results as a partial basis of determining what further information, if any, they would require. In no way did I intimate that they should consider the study as anything other than additional input relating to the matter. I am cer- tain that the Commission understood this quite clearly. I had fully intended to appear before the Inland Wetlands Com- mission at the meeting of December 14 , 1981 to make the same information available. However, due to a previous business commitment , I was unable to attend. Therefore, I am taking the liberty of writing to you to inform you of the above facts. At present , I am planning to attend the meeting of January 11, 1982. If I can provide any further information to you prior to that time, please do not hestitate to contact me. Very truly yours , SAVIN BROTHERS, INC. R. G. Kaye Director of Development RGK/mmr SOWN sf 4t� �'�• - - 9• v O-P saa& Vzn� 1540 SULLIVAN AVENUE SOUTH WiNDSOR, CONN. 06074 ``���soR•co� AREA CODE 203/644-2511 Robort G. aye ,ton., Clorunecticut Dear Dvir; K aye$ he In -nd Wetlands ,enc has new applieRtions to review 7d receive at its Janus. 11 th; In addItlorx.we v oUd like to have the opportunity La re v'l w your Zettor and .tropo la? at t��. i time�prior tO meeting t'�it you. ��'�1aX'&L Ord', we request that your discussion with us be postponed unt1l the Very truly y0tWB. f#cr�s ice Sri hcn�.sa .rnan J,nluid Wetlands Agency 'vEI C1 I'm rates Sit Davies, r3 { C o q yy t3yp g- United States Soil 340 Broad Street Department of Conservation � Agriculture Service Windsor CT 06095 Phone 688-4946 January 20, 1982 Constance Eriksson, Chairman Inland Wetlands Agency. Town of South Windsor 1540 Sullivan Avenue South Windsor CT 06074 Dear Constance Eriksson: In response to our phone conversation today I am listing the items that the Soil Conservation Service Windsor Field Office can provide assistance on the land area south of Newberry Road, east of Nutmeg Road and north of South Satellite Road. 1. A conservation plan for the existing pond and surrounding open area if the area will remain undeveloped. 2, General Engineering information for deepening and widening of existing ditches or for any new ditches. The control point as to the ditch depth will b-e the invert Cbottoms of culvert) under Route 5 to the west. 3. A site evaluation of the open area if it is going to be developed. The soils of the residential area to the east have been mapped as to drainage, kind of soil and slope.. The development is established with some of the homes and lawn areas being located on wetland soils. Wet problems existed for homes on the wetlands right from the beginning of construction to the present. If the water table is lowered the pro- blem will still exist if the drainage course becomes non-functional. I hope this information will be helpful in clarifying our assistance for this land parcel. Sincerely, Vern Anderson District Conservationist The Soil Conservation Service SCS-AS-1 is an agency of the 10-79 �p� Department of Agriculture - �OVI N Sg4 ri �� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 �tibSOR;COr'�' AREA CODE 203/644.2511 January 25, 1932 -ern Anderson, ')istri ct Conservat,i on_st USDA Soil Conserv-4t_ z Service 340 Bro: d :street ,.indsor, Oonnecticut 06095 Tear ;'ern rind e-Son: In your letter d-ted Ja.nuary 20 , 1982, you eierred to a �onse_rva.tion elan 'or the existin pond area. Would you please clarify for the :7-encvr,i,!hat specifically till S 1�lan �,iould include? Thank you . Very truly yours, ` won=lance —wriksso. 0hairman Tnland '+etlands '_ ncy ri 1: ch.Tl OCAM-11 United States Soil 340 Broad Street Department of Conservation Windsor CT 06095 Agriculture Service Phone 688-4946 January 28, 1982 Constance Eriksson, Chairman Inland Wetlands Agency Town of South Windsor 1540 Sullivan Avenue South Windsor CT 06074 Dear Constance Eriksson: This letter is to clarify Item 1 of .the 1-20-82 letter to you for the land area south of Newberry Road. The conservation plan for the pond and surrounding open areas would generally consist of:- - Pond management after the use is clarified, such as for fish recreation or waterfowl. This could include establishing aquatic ` plants for waterfowl, deepening the pond for fish and/or recreation uses. It is possible that an adequate depth may not be obtained if water—bearing fine sands are encountered. seeding of all unvegetated areas — wildlife plantings in area surrounding the pond for upland animals and birds — clump plantings of trees and shrubs for wildlife—recreation uses screenings and buffer strips nature trail and study area for environmental classes other related measures to fit the land use of the area Sincerely, Vern Anderson, D.,C. /♦ The Soil Conservation Service (`✓1 is an agency of the 0-79 1 -1 Department of Agriculture 0-79 O Y . �CJ 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 OR-co ARFA CODE 203/644-2511 y'ebrudr , 10, 1992 'fern ;n error_, 'Dl s _ri ct :en.servati „i st 'oi 1 Con.= erv.-=.ti o_Z -�ervice 0 roaa 3,treet :,ear `fern _.nde-rson: In response to your letters dated January 20 th. _nd :=nuary 23 th. , the I n-_--nd __�sncy requests an evaluation j of the current situation on the )ro-)erty bordered by the area south e;�:-berry Road, east of Fut,,,e- _;o and north o' .:,outh Satellite oa.d. %{lso, is it I ---LUla for. you to ;ive a silt-le evaluation .of the area, if it is to be develo,oed, without a specific ,proposal, if "so, si d1v for;.,ar;' this in-for-mation to us, too. I- �.rou have Pnv nue.stions retard i n;r this request, please call either a. B. Davies, or �Ieryr t'-uly yours, reiy, ,onstanc e r 1:s s.,or_, ?:JiTL�IClltlly -i-JL1'J�1 _. c - C�: A. _ . Da--des, Jev)uty imm '�-'n in-ear i tows s�4 y �• 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 �OSOR•cO AREA CODE 203/644-2511 TC. icha.rd .=:V n, �0,::1 Council -•iaison _ir.Lt:S;s 011, C'hEidrmian, inland etla.nds ,--ancyr V J February ry 14, 2 i i-'_s.s any Progress beenmar'-a re ar ir_� co-bi neci jeetin- repres entati-es of the '201--n council, lannzn and Zanin._~ ``on-Mission, rev yr Co _3 i ssi on ant' inland ::atland igency to discuss the conceNns of the residents in the Pleasant _ al;!ey estates area? .1 ease kseep me infor Ad. SOW N SFq 07ye S-Oud-7, ,y w` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �Y�Soa•coa� AREA CODE 203/644-2511 February 18, 1982 Mrs. Constance Eriksson 18 Birch Hill Drive South Windsor, Connecticut Dear Mrs. Eriksson: Because of the lengthy discussion by your Agency at the January 18, 1982 meeting about the groundwater and other problems near Park Centre, I feel you should be aware of my feelings on the subject. 1. The groundwater problems have been discussed at Planning and Zoning Commission meetings. 2. The Planning and Zoning Commission asked what could be done about getting information on this matter. 3. I approached a professional engineering firm (Fuss & O'Neill) who have done extensive groundwater studies south of this area for their input. 4. A letter was prepared by them on November 23, 1981 and presented to the Planning and Zoning Commission on December 8, 1981, outlining the scope of a proposed study. The study would be a joint effort between the Town and the consultant and I consider this to be very important.. 5. I did not recommend going ahead with the study at this time because of bidding considerations, and felt it needed to be reviewed in more depth by the Town before discussions could be made. (i.e. , priorities, scope, etc.) 6. The study by Savin Bros. Inc. , while it may provide valuable information, will not replace the need for the. above Town- sponsored study and cannot be used for Town discussion regarding implementation of possible corrective measures, except as proposed by Savin Bros. Inc. on their property with approval of the rightful agencies. IL Mrs. Constance Eriksson February 18, 1982 Page Two 7. Because of the high work load, not to mention budgetary limitations, of the Engineering Department in the next few months, a priority assessment on this would have to be made versus other town problems on where this matter should be placed. Please feel free to talk to me about this at your convenience. Very truly yours, TOWN OF SOUTH WINDSOR J. E. Page Town Engineer JEP/ml cc: Richard Shattuck Marshall Montana A. Bowen Davies Planning and Zoning Commission -5- 12/8/81 . the impact of development in the area of the Park Centre Industrial Park on the groundwater levels in the residential area immediately to the east, make recommendations as to measures that could be implemented to reduce problems resulting from groundwater elevation and recommend the methodology for monitoring future groundwater fluctuations, and the estimated cost of such a report would be $7,000. Mr. Page said the estimate was based on the fact that as much as possible would be done. by Town Staff and said the letter indicates by the designation T for the Town, and C for the consultant, the work that would be done by each. Since the project is in excess of $5,000 it would have to go to bid, and Mr. Page said the Commission should write the Engineering Department a letter stating that they wish to proceed. He added possibly the Public Works Department could share some of the expense. Mr. Page said he wanted to make it clear that he was not recommending that the study be done, but was simply bringing it to the Commission's attention. Mr. Mainelli asked why the Commission is even considering this, and Mr. Page said a request had been received from some residents in the area. Mr. Mainelli asked whether there are really a lot of problems in that area, and Mr. Page replied he didn't know. Mrs. Evans noted that this could be affecting the Connecticut River flood plain. Mr. Page said the area is full of septic systems plus MDC water which makes the ground water go up. Mr. Mainelli said he can think of several other places in Town which are much worse. He added that he's not saying this area shouldn't be studied, but wanted to know what was behind it. Mrs. Montana said that after the request had been received by the Commissioners, they asked Mr. Page to check into the cost of a study of this area. She added that she didn't think it would be that costly to prepare a study of the area. Mr. Philip Braender was present, and stated that many of the houses in the area have problems with water in their basements. . Mr. Mainelli questioned whether these problems existed before Park Centre -. Mr. Robert Kaye of Savin Bros. was also present and said that his company had recently engaged a firm to do a historical background on the ground water flow in this area and suggested the Commission reserve its decision on whether or not to proceed with the Fuss & O'Neill study until after his consultant's report was ready. He said he would be 'happy to share the information with the Commission. After further discussion the Commissioners concurred that this matter should be <- tabled until the end of January. RON 3 3. _ Planning and Zoning Commission -f+- 1218/81 10. This approval is subject to approval by the Town of South Windsor Inland Wetlands Agency. 11. A liability insurance policy naming the Town of South Windsor as an insured, and satisfactory to the Town Attorney, shall be submitted in the amounts of not less than $250,000 per person, $500,000 per occurrence bodily injury, and $100,000 property damage. . y _ 12. Surety bonds in the following amounts shall be submitted to the Town of South Windsor ,to ensure completion of all improvements a. For the completion of the roads and parking 00 000 $ b. For the completion of drainage and grading 100,000 c. For the completion of the sanitary sewer 60,000 - d. For the completion of recreation facilities 100,000 e. For the completion of plantings and buffering 50,000 $510,000 13. Copies of sheets K1, K2, S1, Ll, L2, 13, Ik and L5, reproduced on black and white transparent polyester film, along with three paper prints, must be. submitted to this. Cors�ission, to be ,a amped and signed. The approval letter of this Commission as well as the approval :- letter of the Inland Wetlands Agency must be reproduced on the mylars. After the mylars.have been stamped and signed by theCommission, they-will be returned to you for filing in the Town Clerks office. These plans must be filed within 90 days of the date of approval (by March 8, 1982). Mr. Norman seconded the motion. It was unanimously voted in favor and so ordered. 2. Update of Comprehensive Plan of Development/Director of Planning Mr.DeMallie referred to the Commission's letter dared November 17th to the Town Manager, which outlined goals the Commission wished to accomplish, and said that all of the items mentioned in the letter are included in the draft ^r of a work schedule which he passed out to the Commissioners. He noted that work on the Comprehensive Plan would start at the beginning of the next fiscal year and would continue for two and a half years, with time added to hold public hearings. He noted that some of the projects were contingent I upon review by the Commission, and added that if the workload of the Commission or Planning Department was excessive, there might be a delay in some of the i! projects. I Since the Commissioners had not had a chance to review the draft of the work plan, they concurred the matter should be tabled for a couple of weeks and brought up again in January. 3. Proposed Hydrogeologic Study, Vicinity of Park Centre Industrial Park Town Engineer Pa e referred - fNeill rre�i to .a l�ttex dated November 23, 1981 from- Fuss � 0 which indicated they could prepare i study,which;would .include an opinion of s ,act Stat :, Soil 340 Broad Street 'Im mC of Con V'i.nd br CT 06095 ., S Phone Ufiu-j LIl March 4, 1932 Cha .-naln, Plea_a.t Valley Estates Reslde�ts .�ssoci�.t c ? Pevera Bo_. 6 South 1 indsor CT 06074 Dear Mr. Braender SiP.ce receivi.r} your letter of 1/29/82, I have had contacts with tom o7 icials on the proparty adjacent to the Pleasant Valley Estates. The of i.t.r^.S Oi concern are P_Iovino along in an orderly fashion. Our o `ice will be in a position to evaluate a general design or. a detailed desi n of any p_oposal -for land-use change on the property south of I3e: '�:rry Road, ease of ITutmeg Road and north of ;south Satellite Road. As Long as a develop lent plan is proposed to be sublmitted, :C S ou d p.-e-iL�er tllat we wait to evaluate it rather than develop a co,nervation " ? for the prope_ty now. This will :,-xve us sOI'Ie e-ztra e:%for'- and avoid Also, we have a to develop co 2se-_vration plans for il,t':LVidUa'_I. properties at the landowner's or opere'_tor.s rC II Er—closed are i-ile soil maps and of t oils of t1ha area ui_or to aly" develo";`'m nt. I hope thzs 7_nfo�miati.on will be of help to you. T.nces'e_ly, „ Vern ,,..g. C.-- servationist r._ .ANS-7 SOIL AND NATURAL SOIL GROUPS MAP -73 Prepared by (File Code U. S. DEPARTMENT OF AGRICULTURE . SOIL CONSERVATION SERVICE =' CONS-14-5) Cooperating with CONNECTICUT AGRICULTUREAL EXPERIMENT STATION, STORRS AGRICULTURAL EXPERIMENT STATION, AND SOIL-AND WATER -CONSERVATION DISTRICT _ COOPERATOR -= r. a�. cn„ ctnY ;a�a�..•ce� 1!hl { v,^n stee.. t,- DATE r .. COUNTY , � Rn STATE Onnecticut APPROX. SCALE -1 :O-t;;O SOIL MAP NUMBER 26 _ SYMBOLS 324-B-1 or CaB = DETAILED SOIL SURVEY A-la, B-2a, etc. = NATURAL SOIL GROUP Soil Map SOIL NAME N.S. Sheet Symbol Group No. NnA Ninigret fine sandy loam, 0-3 u slope, A•-2 Sea Scarboro loam, 0-•3?•slopes A-3b AfA' bg era fine sandy loam, 0�•3% elopes A-Id -- WvA Windsor loamy fins sa- cd, 0-3% slopes - WVB 'Jindsor loamy fine sand, 3-8% slopes Ala VTdA Walpole sa ely loam, O-3129" slope.$• A-3a v8 MyqNn Wd • rt'�_ 1 Afq nA`v l� y Af;} _ 4. # N,� SsA. 6 4VdA ' -N nA1 � f f TERRACE SOILS - OVER SA?MS AND GRAVELS Poorly and very poorly drained sails A-34 Soils with a high seasonal water table A-3b Soils with a high water table during most of. the year _ These soils occur above the floodplains in river and stream valleys. They are underlain by water deposited beds of sand or sand and gravel. In most places a few inches to 3 feet of loamy or fine sandy soil mate- rial cover the older coarser water deposits. The poorly drained soils in group A-3a have a high water table that remains 0 to 6 inches below the soil surface during the wettest part of the year. The high water table usually persists into early summer and may reappear after prolonged or heavy summer, rains. The very poorly drained soils in group A-3b have water ponding on the surface for significant periods in winter and early spring. The high ` water table generally persists within 3 feet of the surface throughout the year. Urban. These soils have severe or very severe limitations for most urban uses. Intensive and costly drainage and land fill. measures are required to overcome the high water table. Recreation. . These soils have severe or very severe limitations for picnicking, camp sites, and play areas. However, they have potential for development of ponds and conservation use for environmental enhancement. Wildlife: The poorly drained soils in group A-3a are poorly suited for the production 'of openland wildlife habitat. Habitat required by woodland sand -wetland wildlife species can be established, improved, or maintained but moderate treatment is required. The very poorly drained soils in group A-sb are poorly suited for the production of openland and woodland wildlife habitat. Dependable growth of desirable food and cover plants is limited by heir wetness. Habitat for wetland wildlife species is easily created, improved or maitained on w these soils. f i I 1 t _i [ 11oo land- Productivity for wood crops ranges from fair drained soils in group A-3a to poor on the very ra on the poorly group A-3b. The wetness poorly drained sos of il of these soils poses severe problems in the use ff of equipment, survival of tree seedlings, and windthrow of trees. Plant competition is moderate on the poorly drained soils and severe on the E very poorly drained soils. Cro_ These soils are generally unsuited to a r' I With drainage the soils in group A-3a can be used to2produceculturalSilacroge, potatoes, hay, and vegetables. Silage, Drainage generally is not economically feasible on the so.ils ingroupA- 3b. I I - i f I a TERRACE SGiiS - OVER SANDS AND GRAVEIS Moderately well drained terrace soils _ A-2 Soils with moderately high seasonal water table These soils occur above floodplains in river and stream valleys. About _ 20 to 40 inches.of fraible, loamy soil material overlie beds of sand and gravel. They have a high water table during wet seasons. In periods of highest saturation, usually in the spring, the water table remains 15 to .:, 20 inches below the soil surface. Permeability is moderate or -rapid above the water table. ' Urban. The seasonal water table limits successful year around operation of on-site sewage disposal systems unless special measures are used, such as drainage and land fill. For homes with basements, the water table causes contruction difficulties during wet seasons. Measures such as footing drains are necessary to ( i prevent seepage into basements. Soil conditions are favorable for the establishment and maintenance of - lawns, trees, and shrubs. The seasonal water table presents problems in the design, construction, and _ maintenance of streets and parking lots. This may be overcome by drainage or other measures. Recreation. During the main season of use, these soils have moderate limitations for use as picnic areas, camp sites, and play areas.. Drainage is needed to lower the seasonal water table on playing fields for intensive use and to eytend -the period for picnicking and camping. Wildlife. Habitat for openland and woodland wildlife species is easily established, improved or maintained on these soils. They are well suited for the dependable growth of a wide variety of desirable food and cover ve to develop habitat for wetland wild- plants. It is difficult and expensi i life on these soils. Woo_ dard. Productivity for wood crops ranges from fair to good. Both hardwoods and conifers are well suited. Competition from hardwoods is a _ problem when managing for pine, spruce, or larch. These soils are suit- able for the more valuable hardwoods such as black walnut, yellow poplar, and red oak. . c 4. Cropland. These soils are suitable for the production of silage corn, hay; and late vegetables. With adequate drainage they are suited to the produc- tion of all crop adapted to the areas, however, tobacco and potatoes are subject to some damage in very wet summers. on the steeper slopes, measures are necessary to control runoff and erosion. E L� E: 3 i I it tr. F w.: TERRACE SOILS OVER SANDS MD GRAVELS x Well drained soils wit': slopes less than 15 percent A-ld Well drained soils with slopes less than S percent r, A-le Well drained soils with slopes between 8 and 15 percent E c II� These soils occur above floodplains in river and stream valleys. ..cy� € have fair to good water holding capacity. About 15 inches to 3 feet o_ r friable loamy soil material overlie water deposited beds of sand and gravel. Permeability is moderate or rapid. Urban. Permeability and most other soil factors are favorable for installation and operation of onsite seldage disposal systems. percolation rate and underlying sand and gravel may allow sewage effluent pollute groundwater. On slopes greatar than 8 percent, the design top g t and site selection for absorption fields require special consideration. So il conditions are favorable for hones with. basements. On slopes above 3 percent, difficulty is added to site preparation. ':owever, th.e Steeper slopes may present opportunities .for a wider choice of architechturaZ design. i Soil conditions are favorable for the establishment of lawns, trees, and shrubs. Slopes above 8 percent add difficulty for landscaping. The sandy loam soils are somewhat droughty. _ Difficulty in constructing maintaining betweenstreets 3and andparking percerttsand is slight on level areas, moderate on slopes severe on slopes above 8 percent. Earth moving is readily done. Recreation. These soils have slight or n©derate limitations for picnic areas and camp sites. The level soils are. favorable for play areas, L. limitations for this use increase on soils having slopes above 2 percent The potential for recreational use op_twtr voter►tialoils is pnarnwatQry their developnent. proximity to streams, ponds, and sit_ Wildlife. Habitat for operiland and woodland wildlife species is easily established, improved, or maintained on t-seyscils. They well ar1c1 suited for the dependable growth of aside variety of cover plants. It is impractical to Z=;velr�p habitat for v?etland wildlife on these soils. i t Woodland. Productivity for wood crops ranges from fair on the sandy loam soils to ood on th e silt g 1 loam so ils. Both hard and conifers are weld. suited. Competition from hardwoods is a problem Swhen managing for pine, spruce, or larch. Cropland. These soils are suitable for the productions of all agricul- ' tural- crops adapted to the area. Supplemental irrigation is needed to ::: assure necessary production levels for crops with a high cash return. E Erosion is a hazard on these soils. Intensive surface water control measures are needed on slopes above S percent. t: 4 1f ' 1{i( t i f r TERRACE SOILS - OVER SANDS AND GRAVELS Excessively drained soils with slopes less ti:an 15 percent ; 8 percent A-la Excessively drained soils with. smooth slopes less than A-lb Excessively drained soils with irregular slopes between 3 and 15 percent These soils occur above floodplains in river and stream valleys. Water gravel are less than 20 inches below the soil deposited beds of sand and surface. Permeability is rapid. The shallowness to sand or gravel severely limits their water holding capacity. Natural fertility is low. Urban. The permeability of these soils is favorable for the installations. nstallation - and operation of onsite sewage disposal sYsormtion. fieldserequire special cent, the design and site selection for ab palls~ sews a effluent to consideration. The high percolation rate may g pollute groundwater. Soil conditions are favorable for homes with basements. Ctnditions are s. favorable for stability o f footings and p r. The steeper slopes may add difficulty to site preparation. However, the steeper and irregular slopes present opportunities for a wader choice of - E... architectural design. E- Land grading for landscaping will expose sand or gravel.. Lawns, trees, and shrubs are difficult to establish and maintain eecersslopes low addmoisture - 1 � capacity and low natural fertility. The st p holding caps y �• further difficulty to these problems. r When constructing streets and parking lots. earth moving is readily done, but stabilizing and vegetating banks is difficult particularly on k the steeper slopes. t: laces- the potential for recreational uses of these Recreation. In many p onds, and sites with soils is enhanced by- their proximity to stream ' P for picnic areas F potential for water developments- They o lsapfeaentrdifficulty.in establishing and camping sites. Even the level g vegetation and maintainin for play areas, and the soils with steeper and irregular slopes have severe limitations for play areas` s .P t i t a R , Wildlife. These soils are poorly suited for the production of habitat required by openland and woodland wildlife. A dependable growth of desirable food cover plants is limited by the low natural fertility and low moisture holding capacity. Food and cover can be established, improved, or maintained, but it is difficult and expensive, especially for openland wildlife. Results are not always satisfactory. It is impractical to create wetland wildlife habitat on these soils. - Woodland. Productivity for wood crops is poor on these soils because natural fertility and moisture holding capacity are low. High mortality of natural or planted seedlings can be expected. White pine should produce a greater yield than hardwoods. Cropland. Droughtiness and low natural fertility severely restrict the use of these.soils for crop production. Irrigation with intensive fertilization is essential for satisfactory yields of crops including tabacco, corn,- vegetables, and hay. If cultivated crops are grown on the steeper slopes, measures for controlling erosion and runoff are necessary. Wind erosion is a hazard particularly on loamy sands. f f _ 1 4 PLEASANT VALLEY ESTATES RESIDENTS ASSOCIATION Box 6 South Windsor P E V E R A Conn. 06074 March 15,1982 . Inland Wetlands Agency Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Attn: Constance Eriksson, Chairperson Dear Mrs. Eriksson: Please furnish us with a copy of your 1/25/82 letter ,to SCS, USDA for Vern Anderson as well as a synopsis of your telephone conversations with him. You will recall that the foregoing is referenced in the minutes of your February 8, 1982 meeting. Thank you. Sincerely, PEVERA WPBJr:nc W. Philip Braender, President STATE OF CONNECTICUT FREEDOM OF INFORMATION COMMISSION r4.ar4 7 March 24 , 1982 South Windsor Inland Wetlands Agency and Chairman Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Dear Sir or. Madam: Please be advised that the Freedom of Information Commission has received a complaint from Rosalie Bartula, Greg Bowman, concerning a meeting held Nancy Braender, W. Braender, Jr. and by the board. Fred DiGiacomo A copy of the complaint is enclosed for your reference. The Commission will notify you when it has scheduled a hearing on the above complaint. Please refer to the following Docket Number in all communications with this office. Docket #FIC82-30 . Sincerely, Karen Fazzio Acting Clerk of the Commission Enclosure kf Telephone: (203) 566-5682 30 Trinity Street • Hartford, Connecticut 06115 An Equal Opportuttltr Emplot•er t i 83 Elizabeth Street South Windsor, Conn. 06074 RECEIVED ED AND FILED March 16, 1982 . FREEDOM OF INFORMATION COMMISSION AR 1 1982 30 TrinityStreet r fYEruJ 1 017 1"iFO, RATION Hartford, Connecticut 06115. C0.1,MIS'sION To the Commission: "v ------- --------- We would like to submit a formal complaint against the South Windsor Inland Wetlands Agency and Constance Eriksson, its Chairman, for their failure to comply with the Freedom of Information Statute, Section 1-21a of the General Statutes, permitting the public tape recording of a duly advertised work session meeting on Monday, March 15, 1982 , in the Green Room at the South Windsor Town Hall, 1590 Sullivan Avenue, South Windsor, Connecticut. Two people asked permission to make tape recordings of the proceedings. Permission was refused. Constance Eriksson, the Chairman, stated that she was in charge of the meeting and that she forbade the public to make any tape recordings. As members of the Pleasant Valley Estates Residents Association we considered the tape recording of this meeting in the public interest of the residents and members . We request the Freedom of Information Commission to consider the foregoing an act against the citizens involved, rescind any and all actions taken by the Inland Wetlands Agency and declare the meeting null and void and call for a resubmittal and/or reapplication of all material presented to the work session on March 15, 1982 , and take other appropriate action against the agency and individual committing such violations of the Freedom of Information Act, Submitted : Rosalie M. Bartula Gregory Bowman Nancy C. Braender 3-9 Barbara Road 15 Barbara Road 83 Elizabeth St. South Windsor, Ct. South Windsor, Ct. South Windsor, Cto Tel : 528-8995 Tel: 289-6780 Tel: 2$9-5959 W. Philip Braender, Jr. Fred DeGiacomo 83 Elizabeth St. 58 Edgewood Drive South Windsor, Ct. South Windsor, Ct. Tel : 289-5959 Tel : 528-0906 / is 1 cc : IWA Posted n tice 3/1/82 IWA Legal notice 3/8/82 IWA Agenda 3/15/82 WAR 1 To .be published in the Journal Inquirer prior to Monday, 1-larch 8, 1982 no later than Thur;:day, March 4, 1982. LEGAL NOTICE. INLAND WETL:,NDS AGENCY TOi3N OF SOUTH WINDSOR The regular meeting of the South . indsor Inland Wetlands hgcncy scheduled for Monday, Larch 8, 1982 has been canceled. There will be an Inland j'etlands Agency -lorksession held I onday, 1-larch 151 1982 at 8:00 P. 14. (or immediately following)the Conservation Commission meeting scheduled for 7:30 P. Id. same date. Both meetings will be held in the Green Room of the Town Hall, South indsor, Connecticut. Dated at South t',indsor, Connecticut, this l st. day of/ Larch, 1982. Constance Eriksson, Chairman Inland Wetlands tin�ency T0.'1 1N OF S OUTI-i II,'MS OR l r A STATE OF CONNECTIC M 131982 FREEDOM OF INFORMATION COMMISS 4 NOTICE OF HEARING AND ORDER TO .SHOW CAUSE DOCKET #FIC82-30 TO COMPLAINANTS) OR PARTY (IES) APPE"ALING: Nancy C. Braender and W. Philip Braender, Jr. , 83 Elizabeth St. , Rosalie Bartula, 39 Barbara Road, Gregory Bowman, 15 Barbara Road, and Fred DeGiacomo, 58 Edgewood Drive, all of South Windsor Ct 06074 TO RESPONDENT (S) OR PANTY (s LS) DEFENDING: Town of South Windsor, c/o Town Clerk, Town Hall, 1540 Sullivan Avenue, South Windsor, CT and Inland-Wetlands Agency of the Town of South Windsor, c/o Chairman, Town Hall, 1540 Sullivan Avenue, South Windsor, CT 06074 1. This will serve as notice that the Freedom of Information Commission will conduct a hearing concerning the appeal brought by the above named complainant (s) . This appeal alleges violation (s) of the Freedom of Information Act, as set forth in Chapter 3 of the Connecticut General -Statutes. 2 . Commissioner -Donald W. Friedman is designated hearing Officer for the purposes of this appeal and will hold a hearing on its merits at the following date, time and place: DATE OF HEARING: June 2 , 1982 TIME OF HEARING: 10: 00 a.m. PLACE OF HEARING: HEARING ROOM (FIRST FLOOR) 30 TRINITY STREET HARTFORD, CT 06115 3 . The COMPLAINANTS) named above are hereby ORDERED to appear on the date and time, and at the place, indicated in paragraph 2 in order to present this appeal on the basis of the facts alleged. The complainant (s) may appear in person or by counsel or other authorized representative. Failure to appear may lead to dismissal of the appeal . A copy of the complaint in this matter is ' attached to this Notice and Order. 4 . The RESPONDENT (S) named above are hereby ORDERED to appear on the date and time, and at the place, indicated in paragraph 2 in order to show cause why this appeal should not be sustained. The respondent (s) may appear in person or by counsel or other authorized representative. Failure to appear may lead to the sustaining of the appeal and the imposition of appropriate relief. A copy of the complaint in this matter is attached to this Notice and Order. Telephone: (203) 566-5682 30 Trinity Street • Hartford, Connecticut 06115 An Equal Opportunity Emplover 5 . The hearing is governed by the regulations of the Freedom of' Information Commission and will be conducted as a contested case under Chapter 54 of the Connecticut General Statutes . A copy of . the Regulations may be obtained from the Commission upon request or can be found starting with §1=21j-1 of the Regulations of State Agencies . The hearing .will provide the only opportunity to present oral and written evidence. Each party may testify, examine and cross-examine witnesses and present oral argument on the law. . All evidence becomes part of the record of the hearing. Written argument and briefs may be filed, but are not required. 6 . Upon conclusion of" the hearing, the Hearing Officer will prepare a report consistingof findings of facts and law as g they apply to the case, and a recommended order. The parties will receive a copy of the report, together with a notice of the meeting at which the Freedom of Information Commission will consider and vote upon the Hearing Officer' s report. The report does not become a decision of the Freedom of Information Commission unless it is approved by it. The Commission may approve, amend or disapprove the Hearing Officer 's report. Before a vote is taken, however, the parties may present oral argument. No additional evidence, however , will be received. Written argument, briefs or exceptions are not required, but if submitted they should.' be filed no later than the Friday before the meeting at which the case will be considered. The Commission' s regular meetings are held on the second and fourth Wednesdays of each month. 7 . If you have any questions. concerning this Notice and Order, or procedures of the Freedom of Information Commission, you should ` consult with your attorney or contact the Commission staff at 566-5682 . In the event of extremely inclement weather conditions please listen to the decision with respect to Hartford schools. If Hartford schools are in session the Freedom of Information hearing will be held. If school sessions are cancelled because of weather the hearing is also cancelled and you will be notified by certified mail of the new• hearing date. For your further information, the Commission has prepared a "Citizen' s Guide to the Freedom of Information Commission. " This Guide is available upon request at no charge. By Order of the Freedom of Information Commission ' Judi �. �ahey�, Chaftrm n Dated this 5 day of May 1982 The foregoing is hereby certified to be a true and correct copy of the Notice and Order of the Freedom of Information Commission KAZIoR D. Spo zo, A ing Aiark of the Commission 1 STATE OF CONNECTICUT FREEDOM OF INFORMATION COMMISSION 422 In the Matter of a Complaint by Designation of Hearing Officer Rosalie Bartula, W. Philip Docket #FIC82-30 Braender, Jr. , Fred DeGiacomo Gregory Bowman, Nancy Braender, Complainant May 5, 1982 against Town of South Windsor and Inland- Wetlands Agency of the Town of South Windsor Respondent To Commissioner Donald W. Friedman: - You have been designated as a Commission Hearing Officer in the above-captioned matter by order of the Chairman. Enclosed is a copy of the complaint received in the file. A written report of the facts and issues , and your recommendations for an order, should be prepared when you have completed this matter. By Order of the Freedom of Information Commission Marion D. Sponzo, tinvclerk of the Commission mds Enc . Telephone: (203) 566-5682 30 Trinity Street e Hartford, Connecticut 06115 An Equal Opportunity Enrplgyer $3 Elizabeth Street South Windsor, Conn. . 06074 RECEIVED .AND FILED March 16, 1982 . . • (JAR 17 1982 FREEDOM OF INFORMATION COMMISSION 30 Trinity Street ►I2EEUOI,1 OF INFORMATION Hartford, Connecticut 06115. COMMISSION To the Commission: We would like to submit a formal complaint against the South Windsor Inland Wetlands Agency and Constance Eriksson, its Chairman, for their failure to comply with the Freedom of . .Information Statute, Section 1-21a of the General Statutes, permitting the public tape recording of a duly advertised work session meeting on Monday, March 15, 19$2 , in the Green . Room at the South Windsor Town Hall, 1590 Sullivan Avenue, South Windsor, Connecticut. Two people asked permission to make tape recordings of the proceedings. Permission was refused. Constance Eriksson, the Chairman, stated that she was in charge of the meeting - and. that she forbade the public to make any tape recordings. As members of the Pleasant Valley Estates Residents Association - we considered the. tape .recording of this meeting in the public interest of the residents and members . We request the Freedom of Information Commission to consider the foregoing an act against the citizens involved, rescind . any and all actions taken by the Inland Wetlands Agency and declare the meeting null and void and call for a resubmittal and/or reapplication of all material presented to the work session on March 15, 19$2, and take other appropriate action against the agency and individual committing such violations of the Freedom of Information Act. Submitted : Rosalie M. Bartula Gregory Bowman Nancy C.' Braender ! 39 Barbara Road 15 Barbara Road $3 Elizabeth St. South Windsor Ct. South Windsor, Ct. South Windsor, Ct Tel: 2$9-67$0 Tel: 289-5959 Tel: 52$-$995 f-�i►�� ,'1 Cifc . ��' """`-�. �/► J�Ct 4..�-cam•�..c�.- G W. Philip Braender, Jr. Fred DeGiacomo $3 Elizabeth St. 5$ Edgewood Drive South Windsor, Ct. South Windsor, Ct. Tel: 289-5959 Tel: 52$-0906 cc : IWA Posted n tice 3/1/$2 IWA Legal notice 3/$/$2 IWA Agenda 3/15/$2 MAR To be published in the Journal Inquirer prior to Monday. March 8, 1982 no later than Thureday, March 4, 1982. LEGAL NOTICE • INLAND tvETI.=2NDS AGENCY TOWN OF SOUT'ri UINDSOR The regular meeting of the South 18indsor Inland Wetlands hgency scheduled for Monday, h:arch 8, 1982 has been canceled. There will be an Inland t:etlands Agency Worksession held Mlonday, klarch 15, 1982 at 8:00 P. 14. (or immediately following)the Conservation Commission meeting scheduled for 7:30 P. II. same date. Both meetings will be held in the Green Room of the Town Hall, South Windsor, Connecticut. ' Dated at. South tTindsor, Connecticut, this l st. day of March, 1962. f" _ Constance Eriksson, Clrirman Inland Wetlands Agency T001IN OF SOUTH ti INDS OR VIAR 1 1982 •SOU1, 1INDSO!" II:Liitr'D 11-E`1'L IMS AGENCY WOP.PSESSION- AGEIZDh DAT%: rlonday, March 15, 1982 8:00 P. 1.1. (Or immediately following the Conservation Commission Neeting. ) PLACE: . Toxin Hall - Green Room 1. Boll Call 2 . Discussion - Graduated Fees and Other Pror. oseu Changes 3. Budget Fiscal 1952-83 4. Regular ::eportt Davies 5. request for E;;tension Application NO. - 171 Savin Bros. . Inc. Nutmeg Road and Satellite Road. 6. Other Business 70 Informational Presentation R✓: Park Centre Robert Kaye, Savin Bros. , Inc. t.1Y 7 TICIP;=D YMSENC_: PLE 'sSE C :LL C. ERIKISSON AT G44'---1279 on C. AT 644-1834. E �NI�r �,. . Posted in the Town Clerk's Office Monday, March 1, . R 1 1982 (Please keep posted until Monday, I-larch 8, 1982 at 44. NOTICE t THE RomG ' R 2 r!,rTTNC, OF THE INLAIM j:i.TLPNDS AGENCY SCHEDULED FOR MOITD,Y, N,,RCH 8,- 1982 AT 7:30 P. M. HAS BEEN CANCELED DUE TO THE ABSENCE OF NEW APPLICATIONS . Ti ::RE :•/ILL BE A CONSERVATI01Z COI-:I',ISSION MEETI11G HELD 1-10I7D Y, I1lMzCH 150 1982 AT 1:3 0 -P. I;. i.ND til: 11,Lil i•TD t•1ETL.riITDS AGENCY W OM<S E S S IO PST S :00 P. H. OR IIII:EDIATELl' k'OLLO:;IPG THE CC 1Ii: TI'NQ. BOThi, T: uTIPGS ?.ILL BE HELD IN THE GF.ELI%T ROOT: OF TFi e TOT;.: HALL. - FREEDOM OF INFORPIATION COMMISSION OF THE STATE OF CONNECTICUT - In the Matter of a Complaint by } Nancy Braender , W . Philip Braender , Rosalie Bartula , George Bowman , } _- Fred DeGiacomo , Notice of Meeting against Docket #FIC82-30 Town of South Windsor ; . Inland-Wetlands $eptember 2 , 1982 Agency of the Tow-n of South Windsor ; ) Chairman , Inland-Wetlands Agency of the Town of South Windsor, ) --"" Respondents =--- Transmittal of Proposed Finding ------ In accordance with Section 4-179 of the Connecticut ---------- General Statutes the Freedom of Information Commission hereby transmits to you the proposed finding and decision prepared by the hearing officer in the above-captioned matter. This will notify you that the Commission will consider and --= dispose of this matter at its next regular meeting , which will be held in the Freedom of Information Hearing Room, 30 Trinity Street, Hartford, Connecticut , at 2 p .m. , on September 22 , 1982 . =_ -- At that time and place you will be allowed to offer oral argument _-- concerning this proposed finding and order. Although briefs or - written memoranda of law are not required, if you decide to submit - =- a brief it is suggested that it be filed with the Commission no __- later than the Monday preceding the regular -- meeting in order to afford the Commissioners ample time in which ==_. to review the same. -=- By order of the Freedom, of Information Commission Karen Fl-izziO __._ Acting Clerk of the Commission ........ - F� ,DOM OF INFORMATION COMMI --ON OF THE STATE OF CONNECTICUT - In the Matter of a Complaint by Report of Hearing Officer Nancy Braender, W. Philip Braender, Rosalie Bartula, George Bowman, Fred DeGiacomo, Docket #FIC82-30 _ Complainant September 2, 1982 against Town of South Windsor; Inland- Wetlands Agency of the Town of South Windsor; Chairman , Inland- - Wetlands Agency of the Town of South Windsor, Respondents The above captioned matter was heard as a contested case on June 10, _ 1982 at which time the complainants and the respondent chairman and respondent agency appeared and presented testimony, exhibits and argument -the complaint. After consideration of the entire record the following facts are found: - 1. The respondent chairman and respondent agency are public agencies within the meaning of §1-18a (a) , G.S. 2 . The respondent agency held a meeting on March 15 , 1982 which meeting was attended by the complainants Philip Braender and Gregory Bowman. 3.. At the March 15 , 1982 meeting of the respondent agency the complainants Philip Braender and Gregory Bowman, made a request to tape record the proceedings , which request was denied by the respondent chairman. 4 . By letter of complaint filed with the Commission on March 17 , - - !782 , the complainants alleged that the respondent chairman and the respondent agency had violated §1-21a, G. S. by failing to allow the - tape recording of the March 15 , 1982 meeting. 5 . The complainants further requested that all actions taken == by the respondent agency at its March 15 , 1982 meeting be declared null and void. 6 . It is found that the respondent agency provided the complainants - with a tape recording of the March 15 , 1982 proceedings , which recording _= was produced by equipment belonging to the respondent agency. 7. The complainants allege that the tape recording provided by the respondent agency was inaudible, due to the poor quality of the -_- - equipment used. 8 . It is found , however , that regardless of the quality of the recording nothing in § 1-2la (a) , G. S. permits a public agency to abrogate the public ' s right to record, photograph or broadcast its proceedings based on the fact that a record of such proceedings will be otherwise made available. 9 . It is concluded that the respondent chairman and the respondent agency violated 51- .2la (a) , G. S . when they failed to allow the complainants Philip Braender and Gregory Bowman to tape record the March 15 , 1922 meeting of the respondent agency. 10 . It is found that the portion of the March 15 , 1982 meeting in which the complainants were primarily interested involved a request filed by Savin Brothers , Inc for an extension of a permit to continue work on a detention basin area Park Centre. 11. The respondent claims that the vote of the respondent agency to area had been comple zed prior Lo r-ne denia-L o-z z e: :c3= c record on March 15 , 1982 , and that therefore , such vote should not be declared null and void. 12 . It is found that on March 15 , 1982 the complainants did not attempt to tape record the vote of the respondent agency regarding the request for an extension of their permit to continue work , rather, they attempted to' tape record information subsequently presented to . the respondent agency by Savin Brothers , Inc. , on which no vote was taken. ~ 13 . Under the circumstances of this case the Commission declines to declare null and void any of the actions of the respondent agency at its March 15 , 1982 meeting. The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint: 1. Henceforth the respondent agency and the respondertchairman shall act in strict compliance with the requirements of 51-21a (a) , G. S . regarding the public' s right to record, photograph or broad- cast the proceedings of a public agency. Cn Commissioner Donald W. Friedman as Hearing Officer qOWN SC TaWf?, aYe SiOtdJl ?djll� v v'NF' y ' ` 1540 SULLIVAN AVENUE < SOUTH WINDSOR, CONN. 06074 SOR•C�ar AREA CODE 203/644-2511 September 15, 1982 Mr. Edward F. Havens Mayor Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Freedom of Information Commission - Complaint by Nancy Braender, W. Philip Braender, Rosalie Bartula, George Bowman, and Fred DeGiacomo Against Inland-Wetlands Commission Dear Mayor Havens: Enclosed you will find the proposed findings and order in the referenced matter. In this case the Inland-Wetlands Commission did not realize that the public had an absolute right to tape meetings, and failed aw allow the taping. Our presentation at the hearing consisted of admitting the facts and then distinguishing the legal remedies which were available. The complaintants wanted all action of the Commission at that work session voided so that everything would have to be done again at a subsequent work session, but we were successful in obtaining a recommendation of a sanc- tion which is quite mild and only requires that the Inland-Wetlands Commission not violate the public rights to record, photograph, or broad- cast the proceedings in the future. By a copy of this letter I am notifying Ms. Eriks.son of this proposed finding and order, and asking that if there are any questions or comments concering the proposed finding and order, that I be contacted as quickly as possible to allow me to react and file a brief if necessary on or before October 1. Thank you. Very truly yours, Wayne Christopher Gerlt Town Attorney WCG:mrl Constance Eriksson, Chairperson Inland-Wetlands Agency STATE OF CONNECTICUT FREEDOM OF INFORMATION COMMISSION In the Matter of a Complaint By Notice of Rescheduled Hearing Rosalie Bartula, W. Philip Docket #FIC82-30 Braender, Jr. , Fred DeGiacomo Gregory Bowman, Nancy Braender, Complainant (s) May 17, 1982 against Town of South Windsor, and Inland-Wetlands Agency of the Town of South Windsor-- Respondent (s) This will notify you that the hearing in the above captioned matter has been rescheduled at the request of Commissioner Friedman. The hearing will be held at 2: 00 p.m-o' clock on June 10 , 1982 at the Freedom of Information Hearing Room, 30 Trinity Street, Hartford, Connecticut. By Order of the Freedom of Information Commission Ma i n D. Sponzo Acting Clerk of the Commission mds Telephone: (203) 566-5682 30 Trinity Street • Hartford, Connecticut 06115 An Equal Opportunity Employer 1