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HomeMy WebLinkAboutOther - Channel Encroachment OR 2 1943 TOWN OF SOUTH WINDSOR �• • - _`i;' INLAND WETLANDS AND WATER COURSE EO�"' APPLICATION THIS APPLICATION SHALL BE RECEIVED BY THE INLAND WETLANDS AGENCY ACTION INLAND WETLANDS AGENCY AT THE REGULAR- LY SCHEDULED MEETING ON THE SECOND MON- APPLICATION NO. DAY OF THE MONTH AT THE TOWN HALL. RECEIVED DATE THIS APPLICATION MUST BE FILED IN TRIPLICATE AT THE OFFICE OF THE TOWN CLERK. TOWN OF PUBLIC HEARING DATE SOUTH WINDSOR, AT LEAST TEN DAYS PRIOR TO necessary) COMPLETED APPLICATION THE REGULAR MEETING DATE. dam'= A SET OF PLANS MUST BE SUBMITTED TO THE PERMIT GRANTED DATEtU ,� ,�Il�,( _ TOWN ENGINEER AT LEAST TEN DAYS PRIOR TO PERMIT DENIED DATE THE REGULAR MEETING DATE. PLEASE PRINT. ^^ 1. APPLICANT F-CA v K AZl1-AVM TEL. NO. ADDRESS ` 0,4k�AA)y0 12:� - CITY & STATE 2. OWNER 7DAWID K>& TEL. NO. 2-8g— 6 14 ADDRESS 47.I 'BoNYft I de j AN E CITY & STATE �. `�A, O� . ��• 3. LOCATION OF PROPERTY wIS jZt C�ys,�v rsry'� /v�/yG� c�•^r� NAMES OF ADJACENT PROPERTY OWNERS y STATE CLEARLY AND BRIEFLY 5. PURPOSES AND DESCRIPTION OF THE PROPOSED ACTIVITY,AND THE TIME ELEMENT INVOLVED: Cil�� VC}. �?f Lt ���__� �1tt C' c y►tit ATTENTION: THE APPLICANT UNDERSTANDS THAT THIS APPLICATION IS TO BE CONSIDERED COMPLETE ONLY WHEN ALL INFORMATION & DOCUMENTS REQUIRED BY THE AGENCY HAVE BEEN SUBMITTED. APPROVAL MAY ALSO BE NECESSARY FROM THE PLANNING AND ZONING COM- MISSION. / A FIFTEEN DOLLAR ($15) APPLICATION FEE IS REQUIRED, AND IT MUST BE SUB- MITTED TO THE AGENCY AT ITS REGULAR MEETING. SIGNED: 10 �-� �--• k (o Revised 3/78 211 /A 4,7 �C ir J• tiT hz Curve Coto Q R = 25.00 p a T =.38. 95 ti A 42.05 N 173766. 8 E/B6B16..32 /.F to be Set E IZ R.Y �o�a-� se. T�Rv PFRTY 'D&.v i-D Ku o 411 1! u fLAA 5 iD s !wE• E• NA�2Tr atZ�, C.T. LUCEK ENGINEERING ASSOC. INC. NO. REVISIONS DATE scatE iN •qG� DATE CONSULTING'ENGINEERS -^ 490 BUCKLAND ROAD DRAWN CHECKED EWL ' SOUTH WINDSOR. CONN. A�A �i I ram, i�Yt j MARTHA M. KRAHU� - t .V E t214 NEw-BERRY RD. y c'_. ` _ ,-� -SOUTH WTND-SOR, GONNEMCUT 06074 Phone 289 - 9237 = i 3 Wayne C♦ tFerlt - Town Attorney Town of South Windsor ,, - 1540 Sullivan Avenue V� South Windsor, CT 06071 Mai 2$0 198 Dear Arty. Garlt: - Is the under ad Martha. Me Krahul% resident of South Windsor for ear Newberry Roads question the legality of the ,d Sion by the Inland Wetland Agencyat their meet Monday meeting on Maur 160 198 on applcation j 239 of Frank Ahearn for David Kuo repro- it rented l W-Luceks s proposed location is on west side of Rt.5 and corner of New - Road. The request was for a change in a channel encroachment line ( see enclosed map). Three members of the Agency questioned the right of the Agency to eliminate this encroachment line since the Agency did not put it there and it was put there by someone before the Inland Wetland Agency was formede Mrs Brikksonschairperson of the Agency said that somebody must remove the lines otherwise they(the applicants) am not build on the parcel. Mr., Lucek asked for elimination of the channel encroachment line Six members voted yes and two members voted against. No public participation was asked for. Is tble the duty of the chairper- son of the Inland Wetland Agency? Pleases investigate the legality of the removal of the encroachment line ( in reality flood limit line). Tuesday &Y 17s 1983 I called and asked Ire Bowen Davis at the Town Kell if any research was done on the origin of the encroachment line, who put it there and for what purpose. He said that the applicant should do that and than he did not see asp* documentation on research on the line. I an wondering why the appli - cants did not find the flood limits on this parcel since it was rela- tively so easy for me to do. Why does the town spend money on maps when the information is not utilized? Enclosed are: 1. Copy of & sketch given to my husband at the Town Mall when there was a- subdivision of the five acres lot on Newberry Road for the purpose of building houses,theree Please note the information on the bottom of the sketch about the encroachment lines which are really 50 years flood lines to protect the entire length of the brook. 2* Copy of a portion of a map made by J.P-Puroell Assoces for the Town of South Windsor in May 1977 shoving the snoroaahment - flood lines exactly* I would appreciate the results of your investigation.Thant you. Martha. Me Kra hul& Concerned Citizen \14/(W `4 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 soll-00) � AREA CODE 203/644-2511 May 18, 1983 Messrs. Frank Ahearn/David Kuo c/o Emil W. Lucek Emil W. Lucek Engineering Associates, Inc. 490 Buckland Road South Windsor, Connecticut 06074 CERTIFIED MAIL Gentlemen: At the May 16, 1983 meeting, the South Windsor Inland Wetlands Agency decided that in any future discussion of a permit application the Inland Wetlands Agency delete this channel encroachment line on your property located on the corner of Rt 5 and Newberry Road, South Windsor, Connecticut, as shown on the map drawn by Emil W. Lucek, dated 5/10/83. _ It is the Agency' s opinion that the appropriate time to consider the affect on the water course will be when a development is proposed for this property. At that time and Inland Wetlands Application will have to be filed and the usual procedures followed. This issue should aslo be discussed with the Planning and Zoning Commission. Ver .-truly yours, _ Con-stance Erikssen, Chairman Inland Wetlands Agency TOWN OF SOUTH WINDSOR CE:chm c c: Frank Ahearn David Kuo Jules Page, Town Engineer A. B. Davies, Deputy Town Engineer Marshall Montana, Chaiperson, PZC Peter De Mallie, Director of Planning Charles Enes, Town Clerk �o%r 183 J . , -�� C�.� - fig o,�,e� •us cv;r `,v �•�.E boo cAV r.�.p i fE P,- vS . F..�v.e,�/. 6f ��>rlrwc �s �E cJF•�r-�l ,��- �Jo.�?,� �v,�-�.E., ,' le 1,r400el t OWC 7-aj&/-Z' 01.4?Sot� V N Sf� a 9 w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 SOe•co� AREA CODE 203/644-2511 November 1, 1983 Mr. William Creedon Reino Hyyppa & Associates 124 Hebron Avenue Glastonbury, Connewcticut 06033 RE: KUO/CHOPSTIX, INC. APPLICATION NO. 246 Dear Mr. Creedon: As you know your application was tabled until the Agency receives a legal opinion from the Acting Town Attorney. When the Agency receives this report, a .copy will be forwarded to you. Instead of meeting with the Agency on November ...14 th. , we are propos- ing to place this item on the agenda for the meeting to be held Monday, November 21, 1983. Enclosed is a copyof comments by Robert Arsenault, Acting Town Engineer, as per your request. Very truly yours, 1 Constance Eriksson, Chai an Inland Wetlands Agency Town of South Windsor. CE:chm cc: A. B. Davies, Deputy Town Engineer Robert Arsenault, Acting Town Engineer Attorney John Woodcock III Acting Town Attorney 395 Buckland Road South Windsor, Ct. 06074 November 1, 1983 Page 2. application. I assume they will need PZC approval and "the line" can be discussed with them if the public feels it a necessity. I would appreciate a reply by November 10 th. if possible. Thanks, we miss youl - - Very truly yours, Constance Eriksson, Chairman Inland Wetlands Agency Town of South Windsor CE:chm LAW OFFICES JOHN J. WOODCOCK III, P. C. 39S BUCKLAND ROAD P. 0. BOX 684 JOHN J.WOODCOCK Ill- SOUTH WINDSOR,CON.N ECTICUT 06074 MICHAEL T.KOVKM TELEPHONE MARY C.08ER0 (203-)644-2431 .ALSO^OMITTED IN MAS"CMUSETTS i November 10, 1983 Ms. Constance Erikson, Chairperson Inland/Wetlands Agency Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 Re: KUO-CHOPSTIX RESTAURANT Application Numben 246 Dear Ms. Eriksson: I am writing in response'-to -your letter of November 1, 1983 with respect to the above referenced application. In that letter you requested our opinion regarding the legal significance -of the "channel encroachment line" as shown on 1973 subdivision map for the parcel--that is the subject of the above referenced application. As I read your letter, you -also wish our opinion regarding what effect, if any, that "channel encroachment line" should have on the Inland/Wetlands Agency's deliberations with respect to this application. First let me discuss what this line is not. Sections 22a-342 through 347 em- power the Commissioner of the Connecticut Department of Environmental Protection to establish channel encroachment lines along certain state waterways and provide a criteria and procedure for the establishment of these lines as well as appellate rights for parties aggrieved thereby. Such areas have been established in the Town of South Windsor by the Department of Environmental Protection, however, the area here in question is not one of these. A map of these DEP channel encroach- ment areas is on file at the Town Clerk's Office. (These maps are not part of the regular filing and indexing system, but are available for viewing upon request at the Town Clerk's Office.) Connecticut General Statutes §22a-348 and 7-147 permit municipalities, acting by Ordinance of their Legislative body, to establish within their boundaries channel encroachment lines similar to those imposed by the DEP. South Windsor, however, never enacted such an Ordinance. The "channel encroachment line" on the applicant's property came into existence by action of the South Windsor Planning and Zoning Commission when it approved the 1 ............�....a....... .. ... . Page 3 Although other Town agencies retain their authority over "wetlands issues" it is the clearly expressed policy of the legislature for these other agencies to give serious weight to the actions of Wetlands Commissions on such issues. In the subdivision statutes themselves, whenever a proposed subdivision "involves land regulated as an inland wetland or water course" and where the Wetland Agency has not already reviewed the application, the subdivision applicant must file a copy of his application with the Wetland Agency within 10 days of the filing of the subdivision application. The statute further provides that the Planning Commission "shall give due consideration to any report filed with it- by such (Wetlands) agency prior to rendering a decision on such (subdivision) application." C.G.S. §8-26. I hope that this letter has adequately answered your questions. If you have any further questions, please do not hesitate to contact me. 4nJo tru ly you us, t Woodcock, III JJW:j ah cc: Marshall Montana, Chairperson of . Planning and Zoning Commission Peter DeMallie, Planning Director Memorandum To: C. Eriksson, Chairperson, Inland Wetlands Agency Re: Engineering Comments--November 21, 1983 Meeting November 15, 1983 Page 2 Item 6 (Application #257) Ucello-Ireland Since the final roadway patterns and lot layouts will be subject to further staff review and scrutiny by the Planning and Zoning Commission, the actual disturbance and impact to the wetlands cannot be established at this time. The most significant impact will be any encroachments proposed within the flood limit area shown cross-hatched on the plan. Balancing of cuts and fills within this area is crucial. Also, calculations should be submitted supporting the 240± foot flood elevation derived for this area. Rob rt r enault Director of Public Works/ Acting Town Engineer RA:bw cc: Peter DeMallie, Director of Planning A. Bowen Davies, Deputy Town Engineer MEMORANDUM TO: Robert Arsenault Acting Town Engineer FROM: Constance Eriksson, Chairman Inland Wetlands AGency DATE: November 15, 1983 SUBJECT: Comments in Kuo Application and Uccello & Ireland Application The Agency is requesting any additional comments you may have on the Kuo proposal for John Fitch Blvd. Also the Agency would like comments regarding the Uccello & Ireland proposal for property West of Ellington Road. We would appreciate having your written remarks prior to the meeting scheduled for Monday, November 21, 1983. Enclosed is a copy of the letter the Agency received form Acting Town Attorney, John Woodcock III, dated November 10, 1983, regarding the Kuo property. SOW N SFq T-Own, 0-Ye SoaA ?d1;f_U&0t C 7 w(d 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•CO AREA CODE 203/644-2511 M E M O R A N D U M November 15 , 1983 TO: Constance Eriksson, Chairperson Inland Wetlands Agency RE: ENGINEERING COMMENTS NOVEMBER 21, 1983 MEETING Engineering review comments for items listed on the agenda of the subject meeting are as follows: Item 5 (Application #246) Kuo-Chopstix Restaurant The Inland Wetlands Agengy is in receipt of a legal opinion from Attorney John J. Woodcock III on this application. This opinion addresses the legal significance of the "channel encroachment lines" as originally shown on the site plan. Regardless of the existence of the "channel encroachment lines, " the design sensitivity of the site plan as it affects the brook and associated floodways should be addressed. If the cut-fill operations proposed within the 100 year flood limit line cannot be avoided altogether, then the earthwork should be balanced. Any filling within the 100 year flood limit should be compensated for by providing a cut area of equal volume. The total amount of cut and fill within the 100 year flood limit should therefore be calculated and indicated on the site plan. No calculations have been submitted to date indicating the methods used in establishing the 50 and 100 year flood limits shown on the plan. All ;data used in establishing the flood limits should be submitted for review. Due to the type of on-site soils, disturbance of the steep slopes should be kept to a minimum and sufficient erosion control methods should be employed. Hay bales and netting of fill slopes should be considered. Calculations should also be submitted to indicate the effects the on-site drainage, including detention basin, will have on the flood limit lines. .cow" 84N � . 0 7 a 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 Soe•coN� AREA CODE 203/644-2511 David Kuo/Chopstix, Inc. January 4, 1984 471 Burnside Avenue East Hartford, Connecticut Dear Sir: Considering the circumstances with regard to your application, the Agency thinks it would be wise to withdraw your application #246. Very truly yours, C4, J Constance Eriksson, Chai man Inland 'Wetlands Agency Town of South Windsor CE:chm cc: Frank Ahearn, Attorney William Creedon, Reino Hyyppa & Associates A. B. Davies, Deputy Town Engineer a M E M O R A N D U M March 1211984 TO: Robert Arsenault, Director of Public Works RE: DRAINAGE PROJECTS REQUESTED BY THE PLANNING AND ZONING COMMISSION 1. Drainage improvement needed at the rear of lots #2 and 22 (house numbers 69 and 61 Sunset Terrace, respectively) . The end wall of an outfall structure has failed. There is also stream bank erosion that must be corrected between the outfall and Graham Road. (Subdivision--Graham Park) 2. Drainage improvement needed at two locations to the westerly rear of lots on Scott 'Drive at house number-s #236 a'sid #250, and also, #262 and #276. Both of these problems are similar in that stream- bank stabilization is needed just on the downstream side of the outfalls. (Subdivision--Birch Hill Estates) 3.- Drainage installation needed at Hillsdale Road. Present conditions are such- that lack of proper drainage structures allows sheet drainage r to private property causing erosion on private property. Before-these- projects can be started, plans must be designed and drawn. Also, permission must be acquired from the appropriate property owners downstream.. This permission must be in the form of construction easements or the granting of right-of-ways. The most expedient and cost effective method is to have the Engineering Department design and draw the needed plans. If Town forces are available for the construction, all other costs could be incurred by the Planning and Zoning Commission with their approval through their Drainage Assessment Fund. Richard P. Martel Town Engineer RPM:bw cc: Richard J. Sartor, Town Manager Peter DeMallie, Director of Planning File EXHIBIT A C0.NN 8E4 C t T� ale S-0-U& a 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 e-CoN AREA CODE 203/644-2511 March 28, 1984 Frank Ahearn, Esq. P. 0. Box 525 South Windsor, Ct . 06074 Dear Frank: Re: App . #973 - Chopstix Chinese Foods Please be advised that the Planning and Zoning Commission voted to approve the above application requesting removal of the channel encroachment line, and added the 50 and 100 year flood lines , to property located on the southwest corner of Newberry Road and John Fitch Blvd. , GC zone . Within 90 days you must submit an updated subdivision map , on a black and white transparent mylar (24" x 36" bearing an A-2 certification) which portrays the flood lines. The mylar should have this letter reproduced thereon, and will be signed by the Commission .and filed in the Town Clerk' s Office.. Yours very truly, PLANNIN AND ZONING COMMISSION vg By : _ ° Robert F. Gi1l ' an, Chai an ` CC: R. Martel , Town Engineer P. DeMallie, Planning Dilr'ector Inland Wetlands Agency ,