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Home My WebLink AboutSubdivision - Conservation (3) TOWN OF SOUTH WINDSOR INLAND WETLANDS AND WATER COURSES APPLICATION INLAND WETLANDS AGENCY ACTION THIS APPLICATION, ONCE INFORMATION IS COMPLETE,_ (SEE BACK OF THIS FORM), SHALL BE RECEIVED AT A �,�, REGULARLY SCHEDULED MEETING OF THE AGENCY AT THE APPLICATION NO. TOWN HALL. RECEIVED DATE II' N-OG n THIS APPLICATION MUST BE FILED IN TRIPLICATE AT THE OFFICE OF THE TOWN CLERK OF SOUTH WINDSOR BY PUBLIC HEARING DATE 12 NOON AT LEAST 14 DAYS PRIOR TO THE FIRST (it necessary) REGULAR MONTHLY MEETING DATE. THREE SETS OF MAPS COMPLETED APPLICATION OR PLANS MUST BE SUBMITTED TO THE TOWN ENGINEER PERMIT GRANTED DATE AT LEAST 14 DAYS PRIOR TO THE FIRST REGULAR PERMIT DENIED DATE MONTHLY MEETING DATE. PLEASE PRINT OR TYPE. I. APPLICANT CLARK REALTY , INC TEL. NO. 282-0628 ADDRESS 658 Ellington Road CITY & STATE South Windsor. CT 2. OWNER CLARK REALTY, INC & TEL. NO. 282-0628 ADDRESS 6.58 Ellingtont Road CITY & STATE South Windsor, CT. 3. LOCATION OF PROPERTY Lot 56 Pleasant Valley Homes II Subdivision NAMES OF ADJACENT PROPERTY OWNERS Lot#55 Steven & Beverly Martin,- Lot#57 Steven & Lois Makucin.- Lot# 58 Kevin & Denise Flynn, - Lot#12 Carlton & Yvette Saucier, - Lot#13 Donald & Julie Raymond STATE CLEARLY AND BRIEFLY S. PURPOSES AND DESCRIPTION OF THE PROPOSED ACTIVITY,AND THE TIME ELEMENT INVOLVED: FTLL PERMIT FOR LOT 56 ATTENTION: THE APPLICANT UNDERSTANDS THAT THIS APPLICATION IS TO BE CONSIDERED COMPLETE ONLY WHEN ALL INFORMATION & DOCUMENTS REQUIRED BY THE AGENCY.HAVE BEEN SUBMITTED. RPz z N APPROVAL MAY ALSO BE NECESSARY FROM THE PLANNING AND ZONING COM- p w N MISSION. g AN APPLICATION FEE IS REQUIRED. CONSULT TFE-Z_EGULATIONS c� (SECTIONS 6.9, 6.9a and 6.9b). ep o A SIGN IS REQUIRED. CONSULT THE RE NS (TEN 6.3C7po CLARK R Y, INC Z B BUYERS < z SIGNED: 0 (APPI ram nREAL'TYeF 1 """'"--•=-�LIAM & AN?TA BYRN;ES., , �- By ( f RA D G. LEFOL Revised OVER CHECKLIST FOR REQUIRED INFORMATION 6• APPLICANT HAS HAD MR-PS AND PLANS CERTIFIED BY SOIL CONSERVATION SERVICE TO VERIFY COMPLETE COMPLIANCE WITH CONNECTICUT GUIDELINES FOR SOIL EROSION AND SEDIMENT CONTROL ( AS PER HANDBOOK, AS AMENDEDED, AND PUBLIC ACT 83-388, AS AMENDED. DATE OF CERTIFICATION 7. APPLICATIONL INFORMATION COMPLIES WITH AGENCY'S REGULATIONS ( SECTIONS 7.10, a through j. 8. V/ REQUIRED (� RED FEE HAS BEEN PAID. DATE RECEIVED NOU�►im �y q 9. APPLIQIUU ( OR DESIGNATED REPRESENTATIVE)HEREBY ATTESTS THAT A SIGN WILL BE P(13TED AT THE FOLLOWING LOCAT1014(3) in front of Lot No. 56 located on the northerly side of Sally Drive BY Shirley Huppe ( NAME ) ON OR BEFORE ThE FOLLOWING DATE December 1, 1986 SIGNATURE THIS APPLICATION IS FOUND TO BE COMPLETE AND. NOW (QUALIFIES FOR PLACEMENT ON THE AGENCY'S AGENDA; DATE SIGNATURE Town Engineer Agency Sec'y vj Agency Chairman THIS APPLICATIONi IS INCOMPLETE BECAUSE OF THE FOLLOWING NUMBERED ITEMS ( FROM ABOVE ) AS CHECKED BELOW: 1 2 3 4 5 6 7 8 9 November 7,1986 Mr. John M. Moran, Jr.,Chairman Inland Wetland Agency/Conservation Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 Re: Pleasant Valley Homes II, Section II JMJ Construction Company - Lotts #56,57958 Dear Sir: I respectfully request from the Inland/Wetland Commission, Intervenors Status reguarding JMJ Construction Company, Section II, Pleasant Valley Homes II, Dots # 56, 579 58• As an Intervenor please send me copies of Agendas, Minutes, Applications, Correspondence, Site Plans, Grading Plans, etc.. .Also to be included but not limited to copies of all information on any prospective application changes, amendments, modifications, extensions, revisions, proposed revisions, or any other activities with r s to Lots # 569 579 58 with in 72 hours of receipt and not less then 72o�rior to any action, hearing or discussion by thistcommission. Very truly yours, Julie A. Raymond 133 Stanley Drive South Windsor, Connecticut 06074 t pWN 8e4 C � �i 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 j�dsoR•CO AREA_CODE 203/644-2511 M E M O R A N D U M November 17, 1986 TO: Mr. Thomas D'Auria, Building Inspector RE: CERTIFICATE OF OCCUPANCY FOR LOT #56 PLEASANT VALLEY HOMES II On November 121 1986 , a revised plan was submitted for a certif- icate of occupancy showing no encroachment of the approved fill limits together with a $2 ,500 bond to cover the finish grading. The front yard has been graded appropriate)y. The an apparent problem that will have to be addressed atasomertimes but it does not affect the issuance of the certificate of occu- pancy as far as the grading is concerned. The drawings , as approved, show a top of foundation elevation of about 80, a ground elevation at the northeasterly corner of the house at about 74, and a toe of slope at 70, which is aout 40 feet from the rear of the house. From an on sitelnt inspection, there is substantially more than 4 ' difference in elevation between the house corner and the toe of slope. _ cussion and proposals to correct this situation aofbwhicheenuthedis only Positive requirement so far is to install a fence at the top of the slope. Based on an inspection of the site this morning, mend approval of the certificate of occupancy forlLotuld 56 ascsoon as the fence is installed along the top of the bank. The bond will be held until the rear yard grading has been completed as shown or amended. A. Bowen- Davies ADD/jsv Deputy Town Engineer Enclosure CC: Clark Realty Michael J. Gantick, Director of Public Works Richard P. Martel, Town Engineer Marcia Banach/Director of Planning IWA/CC File �t"w N SF44 O F 7-awl-2- aleS__V1 ?d C � U 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 f►osoR-CO AREA CODE 203/644-2511 December 16, 1986 Mr. Raymond LeFoll 2307 Silas Deane Highway Rocky Hill, Ct 06067 RE: Pleasant Valley Homes, Section II Lot #56 57, Application #430 & 431 Dear Attorney LeFoll: At the December 8, 1986 meeting of the Inland Wetlands Agency/Conservation Commission no approval was granted for the amended application #430 and new application 17431. The agency members agreed that (1) the landscaping must be completed according to the originally approved plans (2.) your engineer Ken Smith would submit to the agency a new field topo map to show actual contours once landscaping conditions of the original plan are in place (3) this actual as-built plan will be reviewed by the Engineering Department (4) agency members will visit the site to inspect the actual field conditions (5) Vern Anderson of SCS and Doug Cooper of DEP will then be asked to review the as-built plan and evaluate it. If the builder, after all of the above mentioned are complete, deems it necessary, then, and only then, an amended elan may be filed to seek further landscaping measures. Very truly yours, - (�" 1 '1• Jo n 11. Moran, Jr . , Chai aan Inland Wetlands Agency/ Conservation Commission Town of South Windsor JP,1t :dlb CC: A. B.Davies, Deputy Town Engineer Richard Martel, Town Engineer Marcia Banach, Director of Planning Michael Gantick, Director of Public 4�orks Clark Realty, Inc. Mr. & tars. William Byrnes Mr. & Mrs.Steven Makucin Pars. Julie Raymonds ()St copy rolled) Cgyj a',aAS'r Ken Smith, Reino Hlyyppa + �•`O�N 8t,� O a � O-P s-ate Vzn� w� 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 f��SOR•C0 AREA CODE 203/644-2511 January 5, 1987 Mr. Douglas Cooper Dept. of Environmental Protection 165 Capital Avenue Hartford, Ct Dear Mr . Cooper: I understand from comments by Julie Raymond of Stanley Drive, South Windsor, that you are aware of an application to fill an area behind lots on Sally Drive, South Windsor. The Inland Wetlands Agency would be interested in any comments you have on the proposed filling. At its December meeting the Inland Wetlands Agency took no action on this matter other than to urge the developer to complete the work originally approved. Thank you for your assistance in this matter. Sincerely, -6HIV� zw-r'�- Kevin Rennie, Chairman Inland Wetlands Agency/ Conservation Commission Town of South Windsor XR/dlb CC: Pars. Julie Raymonds A. B. Davies, Deputy Town Engineer Richard Martel, Town Engineer Marcia Banach, Director of Planning Michael Gantick, Director of Public Works Clark Realty a LEFOLL 8 ROGGi ATTORNEYS AT LAW 2307 SILAS DEANE HIGHWAY ROCKY HILL,CONNECTICUT 06067 R:�l:�u)NI)(;. LEPI)Ll. TELEPHONE CUR I U 11. ki)GGI (203)563-2:555 February 2., 1987 IF 773 Main Street ' Manchester, CT. 06040 Re: Lot 56, Pleasant Valley Homes II Dear Attorney Phaelon: Please be advised that Clark Realty, Inc. hereby agrees to fill Lot 56 in accordance with approved plan on file with the South Windsor Inland- Wetlands Conservation Commission. .' This is also to advise you, should this aforementioned Commission approve the pending applications for Lots 56 & 57 in order to conduct further filling operations and extend a drainage pipe loacated on an easement within the property, then in such event Clark Realty agrees to do this work at no extra charge. if you are in need of any further assistance please do not hesitate to write or call. Vgry truly ynur,s, Jean Marc Jacqued/ Owner & Developer of JMJ/pv Pleasant Valley Homes II LEFOLL Gr ROGGI ATTORNEYS AT LAW 2307 SILAS DEANE HIGHWAY R:\l'MOND G.LeFOLI. ROCKY HILL, CONNECTICUT 06067 TELEPHONE (203)563-2355 February 3; 1987 773 Main Street Manchester, CT. 06040 Re: Clark Realty, Inc. Lot 56 Owner and developer of Lot 56 Pleasant Hills Valley Homes II will fill this lot in accordance with approved grading plan in on file with the South Windsor Inland - Wetlands Conservation Commission. Said filling shall be completed on or before April 30, 1987. Very tru .y yours, . Jean Marc Jacques✓ Owner & Developer of Pleasnt Valley Homes II JMJ/pv �J b9 11 yq N op S-OtdA 70 C � .d ti w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �l�dsoa•co� AREA CODE 203/644-2511 April 22 , 1987 Mr . Raymond LeFoll 2307 Silas Deane Highway Rocky Hill, Ct 06067 RE: Pleasant Valley Homes , Section II - Lot #56 & 57 Dear Attorney LeFoll : On December 8 , 1986 the Inland Wetlands Agency/Conservation Commission agreed to require several steps be taken on Lots 56 & 57 of Pleasant Valley Homes II . Your representatives agreed to the 5 conditions set forth in the Commission ' s December 16, 1986 letter to you . According to Deputy Town Engineer A . Bowen Davies , the landscaping has been completed . A new field topo has not , however , been submitted . All parties concerned with this matter are awaiting a new topo for the Engineering Department, the Department of Environmental Protection , and the Soil Conservation Service to review. Bringing this matter to a conclusion or considering a new application by the lot owners will not be possible until we receive the promised topo . Please accord this matter your immediate attention . Very truly yours , ke� 12. Qviv-h� Kevin F. Rennie , Chairman Inland Wetlands Agency/ Conservation Commission Town of South Windsor KFR: dlb CC: A. B. Davies , Deputy Town Engineer Richard Martel , Town Engineer Marcia Banach , Director of Planning r /� Clark Realty , Inc. Mr . & Mrs . Brynes C� Mr . & Mrs . Steven Makucin Mrs . Julie Raymonds Ken Smith , Reino Hyyppa STA. TE OF Ct)h'N CTICUT Y-It o•�t�+ � COUNCIL ON ENVIRONMENTAL QUALITY Kevin Rennie, Chairman APR 27 1987 South Windsor Inland Wetlands Agency 1540 Sullivan Avenue South M ndsor South Windsor, CT 06074 INLAND WETLANDS AGENCY CONSERVATION COMMISSION Dear Mr. Rennie: As you know, the Council on Environmental Quality (CEQ) was asked to investigate the actions of the South Windsor Inland Wetlands Agency, pursuant to our responsibility under Section 22a-13 of the Connecticut General Statutes. While neither the CEQ nor any other agency is empowered to overturn any local decisions, the CEQ can recommend to the Department of Environmental Protection that it utilize its authority to revoke a municipal wetlands agency's authority if the situation warrants. You will be .interested to know that the CEQ finds no reason to recommend any state action against the South Windsor Inland Wetlands Agency. To the contrary., it appears that your agency, faced with the requests of a landowner who desired more usable land than what was permitted by your agency, acted conscientiously to uphold the intent of the Inland Wetlands and Watercourses Act. Your commission's decision to seek advice from the DEP and Soil Conser- vation Service in the future on this difficult case is commendable. I am enclosing a copy of my letter to the complainant, which outlines our findings. I believe it is self explanatory. However, please feel. free to call me at 566-3510 if you have any questions. Sincerely, Karl J. Wagener Executive Director Enclosure: PHONE. 566-3510 STATE OFFICE Bull,DING + HARTFORD, CONNECTICUT 06115 An Equal OppvrtunitY Employer :- STATE OF CONNECTICUT COUNCIL ON ENVIRONMENTAL QUALITY April 23, 1987 Julie A. Raymond 133 Stanley Drive South Windsor, CT 06074 Dear Mrs. Raymond: The Council on Environmental Quality's investigation of your complaints regarding the South Windsor Inland Wetlands Commission has been slowed a bit by a heavy workload in the past two months. As I indicated during our recent phone conversation, however, we have reviewed each of your complaints thoroughly. What follows is a summary of your complaints, and the Council's determination on each. 1. Accepting Incomplete Applications. The applications in question were never actually accepted y the commission. Also, while it is true that the applications as filed did not contain all of the information that is legally required, it is important to realize that applicants often submit incomplete applications; it is up to the-commission to require additional information as appropriate. 2. Improper Placement of Items on the Agenda. It is common practice for commissions to hear oT applicants before formal applications are filed or accepted. In some towns this is called the informal agenda. As Long as no votes are taken, and the preliminary discussion is not viewed as a substitute for formal hearings and deliberations, no environmental harm is done. It would be improper for a commission to vote on an item not on the agenda, but to place an item on the agenda for informal discussion, with no voting, is not improper. According to a 1986 survey of wetlands commissions,; 95% of towns report that applicants consult with the commissions before applying formally. 2A. Allowing Discussion on "Non-applications." See Number 2, above. 3. Commission members asking for a favorable response without a formal application. Not ideal behavior, but since— t—f e application was not appro—ve , one could not accuse the commission of being prejudiced in favor of the application. This type of behavior might be the type of issue discussed in a judicial appeal of a decision, but cannot be construed by this Council to be an indicator of poor performance by the commission. 3A. Commission members leaving meetings to speak with upcoming applicants. Not illegal, to my a_w edge. PHONE 566-3510 STATE OFFICE BUILDING • HARTFORD, CONNECTICUT 06115 An Eauol Onnortunity Emnlover 4. Verbally Harassing Concerned Citizens. After talking with you and reviewing the transcripts of the Decem ear $, 1986 meeting, I can only conclude that the commission and its chairman did their best to protect your right to speak. The unfriendly remarks of a single commission member are not an issue for this Council. 4A. Allowing emotion and personality to interfere. There would never be any means to evaluate this complaint on an o6jecti—ve basis. 5. Acce ting antiquated information/maps. As in number 1, the commission never accepted this in ormation. 5A. Extending applications without update of information. There are no requirements regar�Tcing information submitted for permit extensions. 6. Accepting Plan Revisions. Same as Numbers 1 and 5: Plans were not accepted. In summary, I must conclude that, notwithstanding your dissatisfaction with what you perceive as an unsatisfactory attitude of the commission toward wetlands protection, the commission acted conscientiously in not accepting the plans of a developer to fill wetlands. The potential problem was caused not by the commission, but by a landowner trying to squeeze more usable land from a wdtlands area. As land values continue to escalate, you will see proposals from some landowners for projects having tremendous environmental impacts. At $100,000 per building lot, it will become worthwhile to attempt anything. It will require the vigilance of concerned citizens and conscientious work by local commissions to protect our wetlands in the face of unprecedented economic pressure. Although the Council finds no reason to recommend any state action against the South Windsor Inland Wetlands Commission, I- do appreciate your efforts to carefully document all of your complaints. Rarely do we receive such clearly- outlined .com laints Although the South Windsor wetlands commission appears to P � be doing its job very well, there are commissions in other towns that could benefit from the scrutiny of environmentally concerned citizens. Individuals are extremely important in the overall effort to protect wetlands. Sincerely, Karl J. Wagener Executive Director ' ^ ' � � DEPARTMENT OF THE ARMY NEW emGLAmo DIVISION, CORPS opENGINEERS *o4TnApsuoROAD vvAcr*Axx. ,wxoaAu*uaFTT000us«'u1^e ��' � l�� REPLY TO May 1 , 1987 �''' - ^~~^ South ��n Regulatory Branch \NW�� --' Windsor � WETLANDS AGENJ�| NEDOD-R-�S2 CONSERVATION COWUL9SIM JMJ Construction ATTN: Mr. Jean Marc Jacques 658 Ellington Road � South Windsor , C�onnecticut 06074 Dear Mr. Jacques: This concerns the fill you have discharged into freshwater wetlands in conjunction with your Pleasant Va1 ly Homes development in South Windsor , Connecticut. � On March 27, 1987 Dan Robichaud and Tam Wisnemckas inspected � � your property and determined that you have discharged fill into � � a fresh water wetland under Corps of Engineers jurisdiction. An � � explaination of our jurisdiction and a request for information follows. ' This work appears to be in violation of Federal laws and regulations which require that you apply far and obtain a � ' Department of the Army permit before performing such work. A { review of our records shows that you have not been issued a permit. Therefore, you should not perform any further work within areas subject to our jurisdiction until you receive Federal authorization. ^ Let me briefly explain Corps jurisdiction. A Corps af Engineers permit is required for all work beyond mean high water in navigable waters af the United States under Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403) . In New Enoi-and , for purposes of Section 101 navigable waters of the United States are those subject to the ebb and flow of the tide and a few of the major waterways used to transport interstate or foreign commerce. Permits are also required under Section 404 af the Clean Water Act (33 U. S. C. 1344) for those activities involving the discharge of dredged or fill material in all waters of the United States, including not only navigable waters of the United States, but also inland rivers, lakes, and streams, and their adjacent wetlands. On the coastline our jurisdiction under the Clean Water Act extends landward to the extreme high tide line or to the landward limit of any wetlands. In interior waters our jurisdiction under the Clean Water Act extends landward to the ordinary high water mark or — the landward limit omf any wetlands. A violation af Section 10 can result in a criminal prosecution with fines ranging from $500 to $2500 per day of violation and/or imprisonment for up to one year; while a violation a+ Section 404 is punishable by a civil fine of not more that $25,000 per day of violation. � �� ` � � � ^ � that we investigate this � Federal Regulations require Please assist us by answering d �ctivity - unauthorized . . - - �rentl� un - -- �pp --- - - on�� f llowing questions'. u�sti o __- -�� o obtain Corps of Engineers 1 ^ Why did you fail t for this work?authorization au - feet) -- d filled (square 3. What was the total area of wetlan fter October 5, 1984. a post-construction drawings 4 Provide preconstruction and post-cons e conducted below ^ f all work that has been or will ~ (to scale) o a the wetlands. landward limit of numbers and telephone 5. Please provide the names, addresses t�rs involved in the work. of ��y contractors its you 6^ Provide copies of any local , State or Federal perm d for this work. have obtained and within 30 To assist us in our investigation , .please re��p receip of this le , ' days from' ` letter. ^' - ' i l Robichaud ue�tion' , please contact Mr- If you havO any q t �1'_b4��f�0q1 or 1�800-ZI�^»- / ~ ' or Mr. John Skarbek a / Sincerely, ' ^ Richard Roach Chief , Enforcement Section Regulatory Branch Operatio ns Division Copies Furnished: nta1 protection CT Department of Environme Benjamin Warner Water Resources Unit 165 Capitol Avenue 06106 Hartford, Connecticut South Windsor Conservation Commission Town Hall Connecticut 06074 South Windsor , w• Mr. Matt Sc hweishurg U. S. Environmental Protective Agency JFK Building , Room 21(.)9 Boston , MasssachUsetts 02203 Mr. Joe Mc�<eon U. S. Fish &c Wildli+e Servic,v.-, P. O. Sox 1518 Concord , New Hampshire 0:1301 MAY J 1 19& 16 South Windsor Clark Realty, Inc. INLAND WETLANDS AGENCYt CONSTRUCTION SPECIALISTS CONSERVATION COMMISSION 658 ELLINGTON ROAD SOUTH WINDSOR, CT 06074 (203)282-0628 OR 644-3113 Mr. Moran, Jr. Chairman May 24, 1988 Town of South Windsor 1540 Sullivan Ave. South Windsor, CT 0607 RE: Application # 75 - Pleasant Valley Homes II Dear Mr. Moran: I am writing because we would like to extend our Application # 475 ( Inland Wetlands Agency/Conservation Commission) , which expires 6/08/88. Enclosed is a check for $ 25.00 ( Twenty five dollars) Thank-you Q k— Nancy Jacques Bookkeeper