HomeMy WebLinkAboutIWA/CC/Tulja Complaint CID,*
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December 23,1986 CoRAIA;'
Inland Wetland/Conservation Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, Connecticut 06074
Dear Commission Members;
Please find enclosed correspondence to Mr. Sartor, regarding Mr. Tulajas
very inappropriate behavior at the December 8,1986 commission meeting.
I request my letter be placed as an exhibit to be read in full and also
placed into the minutes of the January 12,1987 commission meeting.
Very truly yours,
�b Julie A. Raymo
133 Stanley Drive
South Windsor, Connecticut 06074
December 22,1986
Richard j. Sartor, Town Manager
Town of South Windsor
1540 Sullivan Avenue
South Windsor, Connecticut 06074
Re: Mr. Tulaja
Inland Wetland Commission Member
Dear Mr. Sartor;
On December 8,1986 I attended an Inland Wetland Commission meeting regarding
two applications on the agenda. I felt that as a resident and property owner
I had aright to voice my legitimate concerns regarding those items. I
After I presented my opinions, asked my questions and conclued my presentations,
I was verbally attacked by Mr. Tulaja. This commision member had the audacity to
ask me for my qualifications, my educational level and if I was a geologist. I
found this line of questioning inappropriate and unbecoming of a commission member
who is supposedly representing the public at large, whose main concern should
have been wetland preservation and conservation, not to critique a citizens
qualifications to speak.
If Mr. Tulaja finds my legitimate concerns and opinions and my constitutional
1
right to express those concerns and opinions offensive, then possibly his
appointment should be terminated. At the very least, .I expect a written apology
for his very inappropriate behavior, a verbal apology at the next commission meeting
scheduled for January 12,1987, and I request, if Mr Tulaja is to remain on the
commission he be required to review and educate himself with respect to his duties
and responsibilities as an appointed member of the Inland Wetland Commission.
Thank: You for your anticipated co-operation in this matter.
Very truly yours,
Julie A. Raymond
133 Stanley Drive
South Windsor, Connecticut 06074
CC:Richard Ryan, Deputy Mayor I
Town Council
.Kevin Renne, Chairman IWCC
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December 26,1986 '
Stanley J. Pack, Commissioner
Department of Environmental Protection
Room 117, State Office Building
Hartford, Connecticut 06106
Re: Inland Wetland / Conservation Commission
Town of South Windsor
Dear Commissioner Pack;
I respectfully request the Department of Environmental Protection to actively
investigate the Inland Wetland/Conservation Commission of the Town of South
Windsor. Please find enclosed documentation with respect to my request. Also,
be advised my conclusions have been based solely on my limited exposure to this
commission.
It is my understanding that this commission was established to protect and preserve
the wetlands and watercourses from random and unnecess
a by
activity involving obstruction, construction, alteratioon oorses Pollution ofting thesell
wetlands. To assist the Inland Wetland/Conservation Commission to perform these
mandated duties; regulations and Statutes have been provided. It is the duty and
responsibility of the IWCC to adhere to these Regulations and Statutes in order
to achieve a knowledgeable, intelligent and objective conclusion on each of the
applications before them.
Unfortunately, it has become evident to me, that this Commission may have lost }
sight of these duties and responsibilities not only to the town at large, but
to the wetlands and environment they are duty bound to protect. I believe certain
members of this Commission have
emotion and by their own words and actions allowed
Personalities to rule, instead of Regulations and Statutes, thereby
eroding the public trust and creating an atmosphere of I
and_special considerations not available to eve Preferential treatment
_town. It is for these reasons I am requesting � individual citizen ogaf this
this matter. Your immediate investi Lion into }
As further developments occur, I will Kee j
P You-informed.
Thank you for your anticapated co-operation. ?
Very truly yours,
Julie A. Raymond
. 133 Stanley Drive
South Windsor, Connecticut 06074
644-8398
Encl: Exhibits A thru J
CC:Doug Kooper, DEP
Karl Wagner, CEQ Richard Ryan, Deputy Mayor
Members of the Town Council Richard Sartor, T wn
Members of the In�andN%lrand Commission
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1. Accepting Incomplete Applications
specifically incomplete items # 3 and # 7 I
Exhibit`A - Applications
Exhibit B - Town Regulations - Information Required on an Application.
2. Improper Placement of Items on the Agenda
Allowing items to be placed under New Applications when no application exsists
Exhibit G - Agenda October 27,1986
Exhibit D - Agenda - October 20,1986
Exhibit E - Minutes - October 27,1986 - Pages 8 and 9
2A. Allowing Discussion on " non-applications," then considering it an infor-
mational hearing.
Exhibit C Agenda - October 27,1986
Exhibit D - Agenda October 20,1986 i
Exhibit E - Minutes - October 27,1986 - Pages 8 and 9
f
3. Commission members asking for a favorable response from the IWCC without
listening to citizens concerns and most importantly without a Formal
Application to satisfy all Town Regulations and State Regulations Therefore,
not only setting a very dangerous precedent by asking for this special
consideration and also. attempting. to affect a vote on an application not yet
before them.
Exhibit F - Minutes - October 27,1986
Exhibit G Town Charter - C1001.B
3A. Commission members have been leaving an on going meeting to speak personally
with upcoming applicants on the Agenda create
ng treatment and special consideration.— an atmosphere of preferential
3B. By leaving a Meeting while Applications are being presented, I believe these
Commission Members can not make a fair, objective and educated decision
when they are not there to become fully informed of all the facts regarding
the welands they are obligated to protect. Therefore, it is my opinion,
they are evading their responsibilities and duties as appointed members of
the Inland Wetland/donservation Commission.
4. Verbally Harassing Concerned Citizens who have legitimate opinions and
comments.
Exhibit H - Letter to Richard J. Sartor, Town Manager
Minutes unavailable from December 8,1986 meeting, transcripts are at Town Hall.
4A. Allowing emotion and personality to interfer with an applications merit, instead
of Regulations that would allow for an objective decision with respect to the
enviornmental impact of the proposed activity.
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5. Accepting Antigue_d Information/Maps as factual documentation.
On October 27,1986 contours and grades where questioned by commission members
and residents yet no updated information was requested. The maps and grading
topos where done in1982 - prior to any development. Presently development is
approx. 9% complete.
Exhibit E -Minutes - October 27,1986 - Page 9I- par 4
Minutes unavailable from December 8,1986 meeting, transcripts are at Town Hall
Y page 2
of. 2
5A. Extending Applications without Requiring the Applicant to fully update the
information, nor requesting a verbal update by the developer to be placed
in the minutes, thus creating possible hardships to the environment and to
potential property owners.
Exhibit J - Minutes - September 8,1986 -Page 9 - Permit Extention 7 item 2
Exhibit F - Minutes - October 27,1986 - Page 10 -
Exhibit I - Town Regulations 6.13 and 6.15
6. Accepting Plan Revisions to existing Applications which exceed the scope of
e original app 1 I.on.
Minutes unavailable from December 8,1986 meeting, transcripts are at Town Hall
Exhibit F - Minutes - October 27,1986 - Page 10
I
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STATE OF CONNECTICUT
COUNCIL ON ENVIRONMENTAL QUALITY
Kevin Rennie, Chairman APR 27 1987
South Windsor Inland Wetlands Agency
1540 Sullivan Avenue
South Windsor, CT 06074 South Windsor
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,
A� _
Karl J. Wagener
Executive Director
Enclosure:
PHONE 566-3510
' STATE OFFICE BUILDING • HARTFORD, CONNECTICUT 06115
An Equal Opportunity Employer
STATE OF CONNECTICUT
_T COUNCIL ON ENVIRONMENTAL QUALITY
April 23, 1,W
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 the puns o applicants fore 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.1 According to a 1986 survey of wetlands- commiss ons:;
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 i eal behavior--,b�utsTric-e the application was not approved,
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 AAliupcoming applicants.Not illegal, to my T&o—wledge.
PHONE 566-3510
STATE OFFICE BUILDING • HARTFORD, CONNECTICUT 06115
An Equal Opportunity Employer
4. Verbally Harassing Concerned Citizens. After talking with you and
reviewing tie transcripts o of he Decem ear ,N86 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 personility to interfere. There would never be
any means to evaluate t1I—is complaint on an objective sis.
5. Acce ting antiquated information/maps. As in number 1, the commission
never accepted this i�rmation.
5A. Extending applications without u to of information. There are no
requirements—egarding ii. ormation submittedr 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 complaints. Although the South Windsor wetlands commission appears to
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
STATE OF CONNECTICUT � +F
DEPARTMENT 'OF PROTECTION "
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February 10, 1987 }�
Council on Environmental Quality F�
165 Capitol Avenue 198?
State Office Building iN SoUt
Hartford, Connecticut 06106 co s RV T��osdsor
Attn: Karl Wagner ,o�coft f
RE: Julie Raymond Complaint
South Windsor, CT.
Dear Mr. Wagner:
Commissioner Pac referred your inquiry relative to the above
to me. I have had discussions with the complainant and with
members of the South Windsor Wetlands Agency. I have offered
the services of the Wetlands Management Section in dealing with
this problem if the local agency wishes. The Commission was
involves in an administrative proceeding at the time of the
complaint; and Mrs. Raymond had ample opportunity to participate
at the municipal level . Based upon our knowledge of the
situation we do not feel that there are sufficient grounds for
our intervention in this matter at this time. I will keep you
posted on further developments on this case. If you wish to
review our file materials on the subject feel free to.contact
me.
Sin rely,
ok
Doug oope
TV
Principal Environ. Analyst
Water Resources Unit
DC:jc
cc: South Windsor Inland _Wetl.ands Agency
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Phone:
165 Capitol Avenue Hartford, Connecticut 06106
An Equal Opportunity Employer