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.
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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
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Revised 3/78
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LUCEK ENGINEERING ASSOC. INC.
NO. REVISIONS DATE scatE iN •qG� DATE
CONSULTING'ENGINEERS -^
490 BUCKLAND ROAD DRAWN CHECKED EWL
' SOUTH WINDSOR. CONN. A�A
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j MARTHA M. KRAHU� - t .V
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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
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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
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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
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... . 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
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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
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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
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C t T� ale S-0-U&
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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 ,