HomeMy WebLinkAboutSite Plan - Conservation (377) TOWN OF S SEP 211984
SOUTH WINDSOR
'INLAND WETLANDS AND WATER C R ES -
APPLICATION
INLAND WETLANDS AGENCY ACTION THIS APPLIC 7SALL BE RECED BY THE
INLAND WETLANDCY AT E REGULAR-
LY SCHEDULED MEETING ON THE SECOh{Llntutiplgt;
APPLICATION NO. DAY OF THE MONTH AT THE TOWN HALL. rk
RECEIVED DATE THIS APPLICATION MUST BE FILED IN TRIPLICATE
PUBLIC HEARING DATE AT THE OFFICE OF THE TOWN CLERK TOWN OF
(it necessary) SOUTH WINDSOR, AT LEAST TEN DAYS PRIOR TO
COMPLETED APPLICATION THE REGULAR MEETING DATE.
PERMIT GRANTED DATE A SET OF PLANS MUST BE SUBMITTED TO THE
TOWN ENGINEER AT LEAST TEN DAYS PRIOR TO
PERMIT DENIED DATE THE REGULAR MEETING DATE.
PLEASE PRINT.
Mr. Will iam 1 c e 528-4431
1. APPLICANTMr. John Mitchell TEL. NO. 644-2561
$Q graok �e gtreet
ADDRESS 1GOs Sul Ivan Avenue CITY & STATE outh Jndsor T 06074
Mr. Wi lai4p 1 c. e7�—" 3
2. OWNER Mr. Jo n Mitchell TEL. NO. 644-2561
Broo e i Street
ADDRESS 1209 Sullivan Avenue CITY & STATE South Windsor CT 06074
3. LOCATION OF PROPERTY—__Strong Road, South Windsor (See attached map)
a NAMES OF ADJACENT PROPERTY OWNERS
NORTHERLY- By Land now or formerly of Sperry Wood Corp.
EASTERLY: By Strong Road.
SOUTHERLY: By land now or formerly of Tomel and Conaci.
WESTERLY: By Susque Hanna Brick Product, Inc.
\ STATE CLEARLY AND BRIEFLY
S. PURPOSES AND DESCRIPTION OF THE PROPOSED ACTIVITY,AND THE TIME ELEMENT INVOLVED:
Applicant wishes to build subdivision along existing road frontage.
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. t
JOHN MITCHELL
and WI MITCHELL - �
Please direct all inquires to:
William E. Grace, Esq. SIGNED:
25 Oakland Road ByApplicent) W}i�riam E. Grace
South Windsor CT 06074
Rev{sed 3178
(Owner) JOHN MITCHELL and WJLLIAM MITCHELL
By William E. Grace
His Attorney
STATEMENT OF SERVICES PERFORMED WITH REGARDS TO THE TOWN OF SOUTH WINDSOR
INLAND WETLANDS AGENCY VS. JOHN MITCHELL JR.
1. March 1985 reviewed and approval of proposed conservation 3/4 hr.
easement
2. December 19, 1985 review letter from Attorney Rittenband 1/2 hr.
re: referral of complaint by commission easement encroach-
ment Lot 2,telephone call to Attorney Rit'tenband
3. December 24, 1985 prepare and forward letter to John Mitchell Jr. 1/4 hr.
CN re: Town's complaint
4. December 27, 1985 discussion of situation with Attorney Casey 1/4 hr.
z as to his firm's representation of Mitchell
5. January 9, 1986 phone call to Bo Davies status of property 1/4 hr.
fU
6. January 13, 1986 - January 25, 1986 various telephone con- 3/4 hr.
z� versations with John Mitchell Jr. concerning status of work
N - to be done on property
=o '
z� 7. February 1986 several telephone calls with John Mitchell Jr. 3/4 hr.
a and Bo Davies with regards to status of compliance
0
a�
8. March 4, 1986 follow up letter to John Mitchell Jr. (copy of 1/4 hr.
40. letter attached)
U¢
2
W cr 9. April 4, 1986 review of letter from Bo Davies re: file closing 1/4 hr.
x (copy of letter attached)
. w
2 10. August 3, 1986 reactivate file in response to letter from 1/4 hr.
" Chairman Moran dated July 31, 1986
o�
3z
a 11. August 7, 1986 tour of Mitchell property with members of 1 1/2 hrs.
o Mitchell family and various representatives of Town Hall staff
12. August 8, 1986 review and preparation of opinion letter re: 3/4 hr.
LL legality of town's enforcement action
0
13. September4, 1986 re: meeting with Town Manager,various rep- 1 1/2 hrs.
resentatives of town hall staff, and Chairman Moran with regards
to. various enforcement actions available to Town in similar
situations to Mitchell problem and conference with Chairman Moran
and Town Manager with regards to enforcement action
14. October 2, 1986 prepare a follow up letter to Chairman Moran 1/2 hr.
with regards to verbal opinion rendered at September 4th meeting
15 October 20, 1986 attendance at meeting of Inland Wetlands Agency 1 3/4 hr.
and South Windsor Council at request of members of Town Council in
response to letter of Chairman Moran dated October 14, 1986
16.October 27, 1986 attend Inland Wetlands Agency meeting at 1 3/4 hrs.
request of agency
TOTAL HOURS 12 hours
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SAuth Windsor Mayor ,�., � ��2.
Accused of Violating
e lands Easement
By SUSn1vNE DOWD
EN
{ Courant Staff Writers
' "`.SOUTH WINDSOR --' a c v
lion Commission Chairman doh .0°��•; g o a �+
Moran Jr.Is asking the Town Council ° c "�
to force Mayor John J. Mitchell to ° "'�J remove Illegal fill from a wetland to �"t a`Strong Road subdivision.
- ""In0 •°Z���a .q letters to each council member, "Moran asked.them to enforce an ° d
agreement Mitchell signed last year ° c Indicating that he would leave wet_ 8�c o.0. != ''_ lands 1p,the area d a S-
state; their natural O
°.'iitchell, who promised the coin-
Mission almost a,year ago that he would remove the fill,has admitted u a 4'� g
that the fill is atheita �' 9 w
tibn easement.violating the conserve- a , E V E.Q.$
'But Mitchell said that most of the
fill has been removed and that only a=ti--• : fety.feet•of it remains. Rem ping
` t dirt,would bring the swam
to!14e back porch of the house now
owned by his Ouse John J. Mitchell �'� u a
Jr A he said.
;Moran said' that the violation °
' > 1� .9. a
es a mockery of the commis_ O si p's.attempt to preserve wetlands
r aqd that Mitchell is using his status °w a�
� � !3.'� f
k a;. to put.himself.above yV '� E � y
s:laiv. 11. the � � c � cu s-0 p'
,r Unless all of our,town's citizens r° ad o
are expected to live up to legal com- � ,° o
a mtments made In good faith, an unfair burden Is placed upon the vast °V 011 ,
+ majority who do not believe they are O t ass
entitled to privileged status,,,Moran wt�ote.
9 -Moran said violations such as this
wail`make the commission hesitant ` s F1
I to-approve development plans for w
f alleas near wetlands. • a, " 0p
j`The council has to take action or ~ °b a, y
cast<doubt on ever v c m"a d'
a %ran said. Ything we do, „ ,�, 8 S a
tcheIl responded a J w i$ o .
t ,. ponded Wednesday by
r saylh , I think John Moran should
realize that I don't even own the lot." ' E�A~ '°
He said Moran, a Democrat, is �" I3 t,a Q.trying to embarrass him. O �+ a m
'I think we better u "" o a .$
mOtIVe3 q w r, d
�" Mitchell said. TtionWheni a v`) �+
f pdrson serves the town in the capacl- v y B yhs an official and mayor,giving of
e your personal time, why embarrass
" them with something as minuscule
� ��}dss„
" ohn J.Mitchell Jr.said he under.
L
See South Windsor,Page C4
- rickya � ...
and
- SOUTH WINDSOR
BANCROFT BROOK SANITARY LANDFILL.
WATERSHED
Claypt
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. ..........:.....
TOUGH.1'ON •B K .,�. ,,,.. �� •
WATERSHED.
....... .... ........ ....... ::::::::::.
90
OD
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c o O1510 5'�
PUBLIC WORKS l
NEW RRY FACILITY -
Ro ,
•
On
•
` �• •. . , o ELLIN BAD
• • ' •' • '• °' •• • `' AR EA GROUNDWATER CONTOUR MAP
OCTOBER , 1975
LANDFILL LEACHATE STUDY
• • • •� 0 1 p SOUTH WINDSOR, CONNECTICUT
,
SCALE: I - 1000
BASE MAPPING SOURCE : U.S.G.S. GRISWOLD & FUSS, INC.
PLATE NO. 4
p�P Dartford County +-�-�t 3
Soil and Water Conservation District
Agricultural Center,340 Broad St. -Windsor,CT 06095- Phone(203)688-4946
April 5, 1984
Ms, Constance Eriksson, Chairman
Conservation, Inland Wetland Commission
Town of South Windsor
'1540 Sullivan Ave
South Windsor CT 06C74
Dear Ms. Eriksson
A review of the Mitchell Subdivision on Strong Road has been completed and the
District would offer the following comments:
A detailed sediment and erosion control plan should be Incorporated into the
plans. The Connecticut Sediment and Erosion Control Handbook can be used for
reference.
1 F
uture filling of septic reserve areas could cause potential' problems with
O reased runoff and 'sediment on adjacent lots due to the close proximity of the
reserve area to the adjoining property lines
Great caution should be used In designing septic systems on this site.
Standing water was observed in the area of the proposed houses and the soils on
site are characterized by a seasonally high water table.
The wetland area on this site is valuable as a wildlife habitat and as a
retention area for stormwater runoff. These functions would be reduced if the
development Is constructed.
The District would respectfully request that all proposals for review be sent to us
as soon as possible, as it can take up to 30 days to complete a report for major
proposals. Your cooperation is appreciated.
if you have any questions, don't hesitate to call .
S ncerely,
/7?.
Amy Parker
District Manager
CC: A. Bowen Davies, Deputy Town Engineer Town of South Windsor
CC: Ste4e Cashman, Soil Conservationist, USDA SCS
CONSERVATION — DEVELOPMENT — SELF-GOVERNMENT
'United States soil 340 Broad Sfiree
WDepartment of Conservation
—P, Agriculture Service Windsor CT 06095
Phone 688-4946
April 5, 1984
TO: Hartford County Soil and Water Conservation District
FOR: Constance Eriksson, Chairman
Conservation, inland Wetland Commission
Town of South Windsor
RE: Mitchell Subdivision
Strong Road, South Windsor CT
COMMENTS:
1XJ3 Potential exists to affect the ground water quality on this site. With
high water tables and sandy soil monitoring of septic systems ma be
desired.
26 Large quantities of fill may have a detrimental effect upon runoff into
Bancroft Brook such as increased flow and siltation.
3)t�+lildlife habitat within the wetland may also be adversely damaged because
of filling, reducing, or changing habitat.
4)- If houses are allowed to be constructed the following steps should be
considered
A) A sediment and erosion control plan needs to be designed and reviewed.
B) Allow all fill enough time to settle prior to any construction work.
C) Watch all work being done to the septic systems because of pollution
potential .
If you have any further questions or wish further assistance, please contact this
office.
S �ephe n L. Cashman,
Sail Conserevationist
CC: A. Bowen Davies, Deputy Engineer, Town of South Engineer
The Soil Conservation Service
is an agency of the SCS-AS-1
Department of Agriculture 10-79
(ovi 8
f07
�Gu 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
8 R•C0 AREA CODE 203/644-2511
October 30, 1984
Mr. William E. Grace, Esq.
25 bland Road
South Windsor, Connecticut 06074 REt John and William Mitchell
Application #293
r
Strong Road, South Windsor, Ct.
Dear Mr. Graces
S
Please be advised that we have submitted the revised plans dated
June 19, 1984 to the Hartford County Soil and Water Conservation
District for their review. We have requested that they give this matter
their immediate attention- so that the Inland Wetlands Agency could act
on this proposal at the November 19, 1984, meeting.
Very truly yours,
"stance Er r on
INLAND WETLANDS AGENCY
TOWN OF SOUTH WINDSOR
CE/se
S�wN Sf1 '
O F' 7_0_wn, SotdA ?d
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
Osoa•Co AREA CODE 203/644-2511
October 30, 1984
Hartford County Soil and Water Conservation District
340 Broad Street
Windsor, Connecticut 06095
Dear 'Sir:
In April, 1984, you reviewed a subdivision for John and William Mitchell
for property located on Strong Road,, -South Windsor, Connecticut. I am enclosing
copies of the original map and your letter. I am also enclosing a revised
plan dated June 19, 1984.
Would you kindly review the revised plans to see if they have significantly
lessened the negative impact. They have reduced the amount of fill to 6,000
yards; reduced the number of proposed lots to 4 (one of which already has an
existing house on it); and they have shown a Conservation Easement on the
proposed lots.
It would greatly be appreciated if you could give this matter your im-
mediate attention and reply to us by November 14, 1984, so that we may act
on this proposal at our Inland Wetland Agency's November meeting.
Very truly yours,
Genatance Erik s , Chairman
Iffland Wetlands Agency
CE/se Town of South Windsor
enclosures
cc: A.B. Davies, Deputy Town Engineer
{
az> United States Soil :340 Broad Street
c � Department of Conservation Windsor CT 06095
Agriculture Servi
ce Phone 688-4946
November 19, 1984
TO: Hartford County Soil and Water Conservation District-,
FOR: Constance Eriksson, Chairman
Conservation, Inland Wetland Commission
South Windsor CT
RE: Mitchell - 4 lot Subdivision
Strong Road - South Windsor
Resubdivision dated 6/19/84
SITUATION•
A prior review was done on April 5, 1984, and October 28, 1983. It was for a
six-lot subdivision which has been reduced to four (4) lots ._
OBSERVATIONS:
1) There is a large wetland area existing on this property and adjacent
to it. Development of these lots with the conservation easement will
help maintain the quality of wildlife habitat in the area.
2) Septic tank systems need to be engineered and approved by a sanitarian
to assure a minimal effect upon groundwater. A major concern should
be the wells being located in the general direction of flow from the
septic systems. Due to a high water table and rapid permeability of
these soils, extreme care should be taken in designing septic systems
and locating wells .
3) The relocation of house lots and the additional conservation easement
will reduce the runoff problem from the site. The surrounding area
deeded conservation land will also help minimize drainage problems
from the site.
4) If development does occur, primary concern of water table depth versus
the depth to the bottom of the septic system is critical. This is due
to the potential for leachates to enter the groundwater.
5) No sediment and erosion control measures were shown. _ Some type of
plan should be developed and shown on the plan for review. Potential
for erosion of fill to wash into other wetland areas is very high.
6) Settlement or compaction of fill should be done carefully to limit
potential for settlement after houses are built.
If you have any questions or wish further assistance please contact this
office.
Stephen L. Cashman
Soil Conservationis
V..OThe Soil Conservation Service
is an ag ency of the
,klbQparltl tboge mltJ�avies, Deputy Town Engineer, Town of South Windsor
CC: Jules Page, Page Engineering
�aepl
��wN sEA
ale
r -0� ?dZI-Z Ot
1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
soR.Co�'� AREA CODE 203/644-2511
November 19, 1984
hx. William E. Grace
RE: John and William Mitchell
25 Oakland Road
South Windsor, Connecticut 06074 CERTIFIED NAIL
re: John and William Mitchell - Application No. 293 - Letter of Permit
Dear Mr. Grace:
At the November 19, 1984 meeting the South Windsor Inland Wetlands Agency
granted a permit with conditions for your Application #293 to create a subdivision
along existing road frontages for property located on Strong Road, South Windsor,
Connecticut.
The permit is based on plans entitled "Mitchell 4 Lot Subdivision, Strong Road,
South Windsor, Connecticut" drawn by Page Engineering Inc., Sheet 1 of 5 dated 1/23/84
and revised 6/19/84.
The following condtions must be adhered to for this permit to be valid:
1. Sanitary sewers are subject to the approval of the Town Sanitarian.
2. .Conservation easement_ on lots 2,3,and 4, as shown on the above mentioned plans
shall be approved by the Town Attorney and filed in the Town Clerk's office.
3. Sediment and erosion plan shall be submitted and approved by the Conservation
;. Commission.
4. Application is subject to approval by the Town Engineer.
5. The applicant shall indemnify and hold harmless the Town of South Windsor
' against any liability which might result from the proposed operation or use.
6. The permit is valid for one year and shall expire if not exercised within that
. period.
This permit supersedes any and all previous permits.
Very truly yours,
`- --Constance (Er I`ksson
CE/se INLAND WETLANDS AGENCY
cc: Yr. John Mitchell TOWN OF SOUTH WINDSOR
Mr. William Mitchell
Jules Page, Page Engineering
A. B. Davies, Deputy Town Engineer
Richard Sartor, Town Manager
Robert Gilligan, Chairman, PZC
Robert Ryan, Town Council Liaison
Thomas D'Auria, Building official
Peter DeMallie, Director of Planning
Peter Bortolan, Chairman EDC
Jacqueline Smith, Town Clerk
- O'NN 8E&
1540 SULLIVAN AVENUE . SOUTH WINDSOR. CONN. 06074
SOR•CO AREA CODE 203/644-2511
February 26, 1985
Mr. William E. Grace
RE: John and William Mitchell
25 Oakland Road
South Windsor, Connecticut 06074 CERTIFIED MAIL
RE: Conservation Plan - Application No. 293 - Strong Road
Dear Mr. Grace:
At the February 25, 1985 meeting, the South Windsor Conservation
Commission reviewed and approved your conservation plan pertaining to
Application No. 293.
Very truly yours,
t/ s
John Moran, Jr. , Chairma
Conservation Commission,
Town of South Windsor
JM/se
cc: Jules Page, Page Engineering
A. B. Davies, Deputy Town Engineer
Robert F. Gilligan, Town Planning and Zoning Commission
Jacqueline J. Smith,-::Town Clerk
John Mitchell
William Mitchell
SOW N Sf4
+ H 70-11,11pt, O-P S9rwLUZ vt�5 , wC 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
soR•coN� AREA CODE 203/644-2511
November 7, 1985
Mr. John M. Moran, Jr.., Chairman
Inland Wetlands Agency/Conservation Commission
Town of South Windsor
1540 Sullivan Avenue
South/ Windsor, Connecticut 06074
RE: "Mitchell 4 Lot Subdivision, Strong Road
Conservation Easement Encroachment, Lots 2 & 3
Dear Jack:
Enclosed . is a copy of plans submitted for a certificate of
occupancy for two of the lots in the above noted subdivision.
Based on a review standard that this department practices
that in inspecting each site for compliance with the regu-
lations prior to recommending aproval for a certificate-
of-occupancy, it was noted that the builders on these lots
violated the conservation easement.
On Lot 2, the contours do not indicate the current conditions .
They show 8 ' change of grade in about 10' horizontal distance
East and North of the house. This is not so. On Lot 3 the
plot plan does show the disturbed area together with remedial
action. There is quantity of fill to be removed.
This would appear to require commission action.
Very truly yours,
�v
A. Bowen Davies,
Deputy Town Engineer
ABD/jsv
enclosures
CC: Thomas D 'Auria, Building Inspector
-14
W/ L ,
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9 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
�r�osOR,co AREA CODE 203/644-2511
November 26, 1985
Atty. William E. Grace
25 Oakland Road
South Windsor, Connecticut 06074
RE: John and William Mitchell
Lot #2 Strong Road
Conservation Easement Encroachment
Dear Atty. Grace:
At the November 18, 1985 meeting the Inland Wetlands Agency/
Conservation Commission discussed encroachment into the
conservation easement with fill material. John Mitchell was
present and indicated he would remove the encroaching fill
at the direction of, and to .the satisfaction of, .the Deputy
Town Engineer. The work is to be done by December 1, 1985 .
Based on the above conditions, the Inland Wetlands Agency/
Conservation Commission voted to allow the Certificate Of
Occupancy to be released by the Deputy Town Engineer.
Very truly yours,
i
John J. Moran, Jr. , Chairman
Inland Wetlands Agency/
Conservation Commission
Town of South Windsor
JJM/jsv
CC: John Mitchell
William Mitchell
A.B. Davies, Deputy Town Engineer
Robert F . "Gilligan, PZC Chairman
Jacqueline Smith, Town Clerk
Richard J. Sartor, Town Manager
Lincoln Street, Council Liaison
Thomas D 'Auria, Building Official
Ken Brill, EDC Chairman
Peter R. DeMallie, Director of Planning
,,1WN Sf4
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70 wn- a�
o w� 1540 SULLIVAN AVENUE + SOUTH WINDSOR, CONN. 06074
SOR-CO AREA CODE 203/644-2511
December 12 , 1985
Richard M. Rittenband, Esquire
Town Attorney
1734 Ellington Road
South Windsor, CT 06074
RE: LOT 2 - MITCHELL FOUR LOT SUBDIVISION
CONSERVATION EASEMENT ENCROACHMENT
Dear Attorney Rittenband:
At the December 9 , 1985 Inland Wetlands Agency/Conservation
Commission meeting, it was noted that the encroachment of the
Conservation Easement still exists on Lot 2 and that an action
should be initiated by the Town to correct this situation.
Enclosed are the most recent letters that refer to this problem.
If you have any questions regarding the above matter, I can be
contacted at 644-2511, extension 244 .
Very truly yours,
A. Bowen Davies
Deputy Town Engineer
ABD:bmr
Enclosures
cc : John Mitchell
Wm. Mitchell
R. Gilligan, PZC Chairman
J. Smith, Town Clerk
R. Sartor, Town Manager
L. Streeter, Council Liaison
T. D'Auria, Building Official
K. Brill, EDC Chairman
P. DeMallie, Director of Planning
/John J. Moran, Jr. IWA/CC Chairman
R. Arsenault, Director of Public Works
Attorney Wm. Grace
- s
LAW OFFICES
KUEHN, CAVANAUGH AND CUMMINGS, P. C.
1665 ELLINGTON ROAD
SOUTH WINDSOR. CONN. 06074
Daniel P. Cavanuacr.Z
(203) 644-3473 of Counsel r
WEST HARTFORD OFFICE:
EDWARD R. KUEHN 968 FARMINGTON AVENUE
ly"ZLI-D say Xi WEST HARTFORD. CONN.06107
HAROLD R. CUMMINGS -
F RA2IER G. SCOTT -
12031 236-2973
LORRAINE PAULHUS
RONA C. LYNCH
December 24 , 1985 PLEASE REPLY TO: SOUTH WINDSOR
MICHAEL J. LANZA
John Mitchell , Jr.
Strong Road
South Windsor, CT 06074
Re: Lot 2/Mitchell Subdivision, Conservation Easement Encroachment
Dear Mr. Mitchell :
Please be advised that I have been appointed, as special Town Attorney
for the Town of South Windsor, with regards to allegations that you
have encroached upon the Conservation Easement granted to the Town
of South Windsor which was granted to the town as a condition of the
above subdivision amrroval.
It is my understanding that also other conditions of approval of the
subdivision, by the Town of South Windsor Inland/Wetlands/Conservation
Agency have also been violated.
I am in the process of reviewing the situation with the assistant
Town Engineer, Mr. Bowen Davies , and the Conservation Commission so as
to determine the exact extent of the violations and also to determine
the appropriate course of action.
I would stronaly suggest that you give this situation youx immediate
attention. Obviously, the Conservation Commission is extreemly
concerned that any conditions of approval established by it, be
strictly followed. It is the policy of the Conservation Commission,
to vigorously pursue adherence to all of it"s stipulations of
approval. I would hope that by the time you receive this letter,
any corrective action requested by the commission or staff members
of the Town of South Windsor, have been completed. In the event
that violations remain outstanding, within ten (10) days of this letter ,
I would have no alternative but to seek appropriate administrative and
court orders to enforce compliance.
Sincerely yours,
Harold R. Cummings
HRC/sl
SOWN sf�
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1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
SOR-C-0 AREA CODE 203/644-2511
January 9 , 1986
Harold R. Cummings, Esquire
Special Town Attorney
Kuehn, Cavanaugh & Cummings , P.C.
1665 Ellington Road
South Windsor, CT 06074
RE : LOT 2/MITCHELL SUBDIVISION, CONSERVATION EASEMENT ENCROACHMENT
Dear Attorney Cummings :
As of this date, any corrective work has not been started as
` requested in your letter of December 24 , 1985 .
A copy is enclosed for your reference.
Very truly yours ,
A. Bowen Davies
Deputy Town Engineer
ABD:bmr
Enclosure
cc : John Mitchell, Jr.
Wm. ' G. Grace, Esquire
John J. Moran, Jr.
✓IWA/CC File
79�So•NN Sf 4,
s 1540 SULLIVAN AVENUE SOUTH WINDSOR CONN. 06074
OR-CO'`�w AREA CODE 203/644-2511
July 31 , 1986
Attorney Harold R. Cummings
1665 Ellington Road
South Windsor, Ct 06074
RE: Lot #2 , Mitchell Subdivision, Conservation Easement Encroachment
Dear Attorney Cummings :
To date, the encroachment violations on lot #2 , Strong Road,
John Mitchell, Jr. , are unresolved despite a series of letters (Nov. 26
and Dec. 24 , 1985; Feb. 26 and March 4, 1986) as well as several con
_versations with myself and Bo Davies, Deputy Town Engineer.
Further compounding this situation is recent excavation of lot#4 ,
-Strong Road, of the same subdivision. To my knowledge no Building
-Permit has been granted for work on lot #4 , and it is our expectation
that none should be granted prior to a complete resolution of the vio-
lations on lot #2 so as to bring the subdivision back into conformance
with the IWA/CC permit and all conditions thereto.
This matter is now into the tenth month of non-compliance. We
expect and would appreciate some cooperative efforts to resolve this
situation; otherwise, you may have to seek more formal measures to
enforce compliance (as you stated in your letter of December 24 , 1985) .
Sincerely,
QJWN ^M- III n^I (_�
Jo n M. Moran, Jr. , airman
Inland Wetlands Agency/
Conservation Commission
Town of South Windsor
CC: John Mitchell, Mayor
William Mitchell
A. B. Davies , Deputy Town Engineer
Louise Evans, Chairman, Planning & Zoning Commission.
Richard Sartor, Town Manager
Lincoln Streeter, Council Liaison
Thomas D'Auria, Building Official
Marcia Banach, Director of Planning
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C}tljf2 �� (7tC�I ?
�4 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
�toauR.ru`a AREA CODE 203/644-2511
April 4 , 1986
Mr . John M. Moran, Jr. , Chairman
Inland Wetlands Agency/Conservation Commission
1540 Sullivan Ave
South Windsor Ct 06074
Dear Jack:
In the fall of 1985 , the agency was informed of an encroachment or
violation of a conservation easement. It is rather obvious that
compliance with the regulations in our permissive society is not re-
quired of everyone. In light of this , I have closed my file on this mat-
ter. But in keeping with the conservation easement concept of main-
taining - this area in its natural state, in fact, any so called improve-
ment or development does not enhance the flora and fauna quality of
life in that area. It is usually a wetlands area that for, whatever
reason, is excluded from improvements . The natural growth, generally,
the ground cover is sparse and not much for quality, the intermediate
growth lacks much protection or food value for the critters , the canopy
is probably a tired collection of grubby trees that certainly will not
improve with development construction immediately adjacent to this
conservation area by the immediate exposure to sun light and the elements .
I was wondering if some members of the agency would consider a "swamp
beautification" program or plan for these areas to enhance the existing
plantings for the benefit of both the new residents and the older ones .
This type of proposal was done at South Ridge Estates with the install-
ation of wildlife plantings . Over the years we haven 't encouraged
this type of thing, perhaps we could again.
Very truly yours,
A. B. Davies
Deputy Town Engineer
ABD :dlb
CC: Attorney Harold Cummings
LAW OFFICES -
KUEHN, CAVANAUGH AND CUMMINGS, P. C.
1665 ELLINGTON ROAD
SOUTH WINDSOR, CONN, 06074
(203) 644-3473
DANIEL P.CAVANAUGH
EDWARD R. KUEHN OF COUNSEL
HAROLD R .CUMMINGS WEST HARTFORD OFFICE:
FRAZIER G.SCOTT
LORRAINE R. PAULMUS 966 FARMINGTON AVENUE
WEST HARTFORD. CONN.06107
RONA C. LYNCH
MICHAEL J. LANZA (2031 236-2973
March 4, 1986 PLEASE REPLY TO:SOUTH WINDSOR
Mr. John Mitchell, Jr.
Strong Road
South Windsor, CT 06074
Dear John:
Enclosed please find copy of letter dated February 26th which I just
received from Mr. Davies, the Deputy Town Engineer.
As you may recall , in January just before I left to go out-of-town, we
had a discussion as to the necessity of clearing up any outstanding
stipulations of approval for the Inland Wetlands permit.
You indicated to me that you were going to be talking to Mr. Davies
and going over the list of complaints and preparing any amended plans
or- whatever was necessary to resolve the situation.
Apparently, you have not followed through with that meeting with Mr.
Davies.
I would appreciate your immediately calling me, in order that we could
schedule such a meeting together.
Harold R. Cummings
Enc
HRCjam
cc: Bo Davies , Deputy Town Engineer
A
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
�f�psoe-cod{� AREA CODE 203/644-2511
August 11, 1986
Mr. John M. Moran. , Jr. , Chairman
Inland Wetlands Agency/Conservation Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, Connecticut
RE: Mitchell Subdivision, Strong Road, Lot 4
Dear Jack:
As indicated in your letter of July 31 , 1986 , the request for
Engineering Department approval of the building permit was
- denied. This created a flurry of action which culminated with
an on site meeting on Lot 2 with George Spring, Acting Town
Manager; Attorney Harold Cummings, Acting Town Attorney; Rick
Martel, Town Engineer; John Mitchell, Sr. , William Petrone,
owner of Lot 4) ; a couple of Mitchell Excavating employees and
myself on the afternoon of August 7, 1986 . At that time, Atty.
Cummings rendered a verbal opinion, supplemented with a written
one on the 8th, a copy of which is enclosed, that the town does
not have the right to withhold building permits in this manner.
In compliance with this opinion, I have reviewed the building
permit plans for Lot 4 . I have denied to approve the request. A
copy of the denial is enclosed. I would expect that Mr. Petrone
will make the appropriate modifications and will resubmit.
This opinion, "Separate lot of record and separately owned"
(paragraph 5) is going to increase the hardship on the builders
that are not developers. In the subdivisions such as Country View,
Evans Crossing, Forest Village, Partridge Meadow, Rainbow Hills, etc. ,
each plot plan submitted shall have an approved erosion and sedimen-
tation control plan. This will make the second or third Tuesday of
the month building permit day. Fantastic. As will be required of
Lot 4 in the Mitchell Subdivision.
The 'Conservation Easement' was filed December 4 , 1985 in Volume
421, pages 516 - 519. The opinion does layout the legal remedy
to correct the alleged encroachment that according to IWA/CC
Mr. John M. Moran. , Jr. August 11, 1986
Chairman
Inland Wetlands Agency/Conservation Commission
Page 2 .
minutes was to be done December 1, 1985 . It would seem appro-
priate to include this matter as an agenda item. It will require
some discussion.
If you have any questions, please feel free to call.
Very truly yours,
A. B. Davies
Deputy Town Engineer
ABD/jsv
Enclosures
CC: Mr. Richard Martel, Town Engineer
Ms . Marcia Ban ch, Director of Planning
Mr. Harold R./Cummings, Esquire
IWA/CC File y/
40 SC4
• fl urn. ale SotdA V&U��
^w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
AREA CODE 203/644-2511
August 13 , 1986
Mr. Harold R. Cummings, Esquire
Kuehn, Cavanaugh & Cummings
1665 Ellington Road
South Windsor, Connecticut 06074
RE: Mitchell Subdivision, Conservation Easement, Strong Road
Dear Attorney Cummings:
Thank you for responding to the call on August 7, 1986, even after
the meeting was cancelled.
Your opinion was not really unexpected. I , perhaps, have used
methods that are alleged illegal and/or offensive to the builders,
but their cooperation in complying with their plans that they sub-
mitted, that they said they wanted and would do, has been done with-
out as much fuss . But it did provide us with a certain amount of
compassion when dealing with the developers and builders when required.
There was a question raised about the filing of the easement. It
can be found in Volume 421, Pages 516-519, Signed February 11, 1985 ,
Filed .December 4 , 1986 . Considering the recent action, it is safe to
assume this item shall be on an IWA/CC agenda soon. The commissions
can accept easement in conjunction with subdivisions and developments
in behalf of the Town. It would seem that the 'Town Council would be
the only one that could release or modify an easement after appropriate
commission recommendations . Where would the commission go from here?
Based on your opinion, a number of building permits have been denied.
I am enclosing copies of my recommendations for your reference.
Thank you again, your presence was greatly appreciated.
Very truly yours,
A. B. Davies
Deputy Town Engineer
ABD/jsv
Enclosures
CC: Mr, Jack Moran, Chairman, IWA/CC
Mr. Richard Martel, Town Engineer
Ms . Marcia Banach, Director of Planning
B
oaSa6YsMayor
:F' ' c
Slow o'n Vo a io
By SUSANNE DOWDEN do nearly a year ago. The lot and
Courant Staff Writer house are now owned by the mayor's
SOUTH WINDSOR—Mayor John soThehnmayorJ. heall
knowledged
J. Mitchell has not done enough to Wednesday that the lot is not in com-
correct a nearly year-old violation pliance with the conservation agree-
of a conservation agreement, the ment but argued that the violation is
chairman of.the Conservation and minor. Mitchell said that even
Inland Wetlands Commission said. though his son, as the owner of the
Mitchell said he has removed most property, is technically responsible ;
of the illegal fill from wetlands in a for corrections, he has maintained '
subdivision, but commission Chair- some involvement.
man John Moran said that is not "I'm talking about 5 or 10 feet of
enough. fill, a couple of truckloads," John '
Mitchell — who developed the Mitchell Sr. said. If the dirt is re-
four-lot subdivision with his brother, moved,the swamp will come up onto
William F. Mitchell, and Francis J. the back porch of the house,he said.
Dagon — agreed to leave the wet- The mayor faulted the commis-,
lands area in its natural state, sion for exaggerating the violation.
But Moran said Mitchell put dirt in "I regard what is going on there as
wetlands around one house in the harassment,"he said.
subdivision and that it has been a Moran said Town Attorney Rich-_
"battle" to get Mitchell to remove
the fill from the lot as hepromised to See Board,Page C4 _
Board Says Mayor Slow To Cora ly
Continued from Page Cl Removing the dirt should be a ment bordering wetlands is bound to
simple matter, Moran said, but it is increase,Moran said.
and Rittenband normally would be causing the commission headaches In exchange for approving subdi-
responsible for ensuring compliance because residents and developers visions that border wetlands, the
with conservation agreements. But believe they do not have to obey commission often asks developers to,
because Rittenband is Mitchell's conservation regulations. leave part of the subdivision in its
personal attorney, Harold R. Cum- "They're meaningless if we go to natural state., Such agreements,
mings,a South Windsor attorney and preserve an area.and right away known as conservation easements,
developer, was appointed to review there are violations," Moran said. generally prohibit cutting trees,fill-
the case,Moran said. "It makes us look strange to the ing wetlands with dirt or other mate-
Cummings said Wednesday that general public. There'* obvious po- rial,or dredging the wetland.
he has seen the lot and will ask the litical pressure here." , Assistant Town Engineer Bowen
commission to consider whether the If the mayor does not correct the Davies said developers do not al-
violation is serious enough to war- violation, the commission will be ways warn homeowners that they
rant further action. hesitant to approve similar subdivi- are buying property bordering wet.
Moran said the commission may sions with conservation easements, lands and that the homeowners are
ask the Town Council to look into the Moran said. restricted in what they can do with
situation.A lawsuit against the may- Because South Windsor is experi- their land.
or is a possibility, he said, but he encing a boom in residential devel-
added that that option has not been opment and because the, town is Courant Staff Writer Steven
considered seriously. nearly two-thirds wetlands,develop- Cield contributed to this story.
LAW OFFICES
KUEHN, CAVANAUGH AND CUMMINGS, P. C.
1665 ELLINGTON ROAD
SOUTH WINDSOR, CONN, 06074
(203)644-3473
DANIEL P. CAVANAUGH
EDWARD R. KUEHN OF COUNSEL
MAROLD R . CUMMINGS
WEST HARTFORD OFFICE:
FRAZIER G. SCOTT 968 FARMINGTON AVENUE
LORRAINE R. PAULHUS WEST HARTFORD, CONN. 06107
RONA C. LYNCH t203) 236-2973
MICHAEL J. LANZA
October 2, 1986 PLEASE REPLY TO:SOUTH WINOSOR
Mr. John M. Moran Jr. , Chairman
Inland Wetlands Agency/Conservation Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor,Ct. 06074
Re: Mitchell Subdivision, Strong Road, Lot 2
Dear Jack:
Just a note to follow up our conversation .of a couple of weeks ago.
As I indicated to you, last summer, I walked the property of John Mitchell J. ,
Lot 2, Strong Road. I also reviewed the site plan map which Bo Davies showed
me outlining the area of approved development on the lot. Based upon that walking
of the property it appears that there is fill which has been placed over the boundary
of the conservation line so that some filling has occured within the conservation
area.
I also reviewed the terms of the conservation easement given to the town dated
February 11, 1985. That easement agreement clearly indicates that no filling
can occur in the conservation area unless approved by the conservation commission
or other appropriate agency of the Town of South Windsor.
John Mitchell Jr. , however, sent to me copies of minutes of a meeting held on
November 18, 1985, specifically item number 6 which indicated that upon motion
being made by Ms. Warren, that the site be brought into better conformance with
the plan with "minimal encroachment" into the conservation easement. Under
the circumstances therefore, I think that it is necessary that the Inland Wetland/
Conservation Commission review the current status of the Mitchell property so as
to determine whether or not, the fill which is presently in place is "the minimal
encroachment" referenced in that November meeting or whether in the opinion of the
commission more .fill should be removed from the property.
As I indicated to you, at this point, the remedy which the commission has is to
authorize me to proceed to court to request a judge to order Mr. Mitchell to
remove the fill from the property. However, the wording of the motion made on
November 18 th does create some doubt as to what specifically was approved as to the
amount of fill allowed. Therefore, in order to "clear-the-air" I suggest that this
matter be placed on the agenda at the next appropriate meeting of the agency and
that prior to that meeting the members of the commission observe the present status
KUEHN, CAVANAUGH AND CUMMINGS, P.C.
of the fill on the Mitchell property. At that point,I would then, at the meeting
request the commission to indicate whether or not the existing fill is acceptable
or whether additional fill should be removed, and if so, exactly how much should be
removed. At that point, in the event the commission voted to require more fill be
removed, then, I would send the appropriate notice to Mr. Mitchell giving him a
dead line in which to remove that fill. At that point, if he had not removed the
fill by that dead line then I believe we would be in a better position to proceed
forward to request the Court to intervene and issue the appropriate orders.
At the same time, I am sending a copy of this letter to Mr. Mitchell and suggesting
that he might want to consider having an attorney represent him at the meeting. I
also called Mr. Mitchell and advised him that I was recommending that individual members
of the commission view the property and he indicated to me, that he had no objection
to any commission member going onto his property to view the same.
Please give me a call if you have any quest ns wi h regards to the above.
Si e You
H r R. Cummings
HRC/jdc
cc:John Mitchell Jr.
Richard Sartor-Town Manager Town of South Windsor
Marcia Banach-Director of Planning
A.B. Davies-Deputy Town Engineer
Richard Martel-Town Engineer
Louise Evans-Chairman South Windsor Planning and Zoning Commission
v
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w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
r`IvsoR-co� AREA CODE 203/644-2511
October 14 , 1986
Town Council
South Windsor, Ct 0607
RE: Mitchell Subdivision/Lot #2
Conservation Easement Encroachment
Dear Town Council Member :
Pursuant to our conversation at the meeting called by Town
Manager Richard Sartor , Mr . Harold Cummings (Special Town
Attorney) was to expeditiously initiate the appropriate
injunction action in court (as he promised last December 24,
- 1985 - see attached letter) , which is nearly one year overdue,
to enforce compliance with the duly accepted and recorded
Conservation Easement (February 11 , 1986 ; Volume 421 , pp.
516-519) . As evidenced by Mr. Cumming ' s letter of October 2 ,
1986 (attached) , he has not taken action.
To briefly re-cap the problem (see other relevant letters
attached) :
( 1 ) Lots #2 and #3 of the Mitchell 4-lot subdivision
on Strong Road had a filling encroachment into
conservation easement area as of last November,
1985 .
(2) On November 12 , 1985 , Attorney Jack Casey contacted
me (re: lot #3, owner Rene Veilleux) seeking some
relaxation of the easement conditions. Finding that
none could likely be obtained , his client removed
the excess, illegally depositied fill and brought the
lot into compliance within one week ' s time.
(3) John Mitchell ,Jr. asked me to inspect lot #2. On
November 14, 1985 I met with excavator William
Mitchell and John Mitchell , Jr. on the site. They
admitted the excess fill to the north side of the lot
along the sideline, and excess height of fill to rear
of house and five feet , more or less, into the rear
easement area. William Mitchell said a mix-up in
engineering caused the infractions, and that he could
remove the illegal fill in one morning of - worktime.
-2-
To : Town Council 10/ 14/86
FROM: John Moran, Jr . , Chairman, IWA/CC
(4) At out IWA/CC Meeting on November 18 , 1985 John
Mitchell, Jr. sought our Agency ' s permission for
the issuance of his Certificate of Occupancy right
away so he could move in , with his pledge that he
remove the illegal fill by December 1 , 1985.
( (5) The Agency approved his request (Application #293) ,
commenting that a reasonable slope (3 : 1 ) be established
at the edge of the filled areas in question, and
indicated that a "minimal encroachment" , i. e. a foot
or two, would be tolerated , with the finish
landscaping
However, once he obtained the C.O. and moved in, no
compliance ensued and the encroachment violation continues .
Months of efforts by the Town Engineering and Building
Department as well as my phone and written efforts proved of no
avail.
Mr. Cummings suggested (Oct. 2 , 1986) that the current
status of the violation on Lot #2 be viewed on site again. On
October 6, I walked the site with Mr . Bo Davies, Deputy Town
Engineer . We found that the original encroachment continued to
exist, that is , some 10 feet of fill (to the north sideline)
onto the 8 acre easement area and channel encroachment area
between lot #2 and lot #1 . Furthermore, in addition to the
original encroachment to the rear of the house (higher than
contour lines of official plot plan and at least 5 feet into the
rear Conservation area) , there now existed a further
encroachment of some 35 feet toward the rear tapering to a
minimum fill depth of about 1 foot , and bordered by an earthen
berm at its outer extremities.
Meanwhile, the protracted delay in enforcing compliance is
creating undue credibility problems for the Agency in dealing
with other applicants since they are becoming aware (vis-a-vis
public audience comments at our meetings , and feedback from
recent applicants re : conservation easements and compliance
thereto ) .
Thus it is imperative that the Town Council insist upon full
and speedy compliance in this case (and any future cases) to
uphold the public trust which underlies the acceptance of such
easements. Given the facts of Lot #2 , to even imply that
anything less than compliance (as Mr . Cummings does) is a
possible solution to the problem bespeaks a certain lack of
resolve.
t•
-3-
TO : Town Council 10/14/86
FROM: John Moran, Jr . , Chairman, IWA/CC
Unless all of our town ' s citizens are expected to live up to
legal commitments made in good faith, an unfair burden is placed
upon the vast majority who do not believe they are entitled to
privileged status. That our Mayor has characterized the IWA/CC
efforts to bring about compliance as "harassment" (Hartford
Courant, October 2 , 1986)implies a double standard that smacks
of political favoritism. For unless the Council believes , as
does the Inland Wetlands Agency/Conservation Commission , that
all conservation easements are to be taken seriously and that
non-compliance is to be deemed very serious, then any future
applications by developers involving such easements will indeed
be suspect .
The Town Council is hereby respectfully requested to take
any and all legal measures necessary to bring about swift
compliance on Lot #2, Mitchell subdivision on Strong Road , and
to initiate such actions with all deliberate speed.
Protraction of this simply rectifiable violation upwards of a
year has created overmuch strife and all concerned , and this
situation must be settled forthwith.
Sincerely yours ,
John M. Moran, Jr .
Chairman
IWA/CC
CC: Attorney Harold Cummings
Richard J. Sartor , Town Manager
Marcia Banach , Director of Planning
A. B. Davies, Deputy Town Engineer
Richard Martel , Town Engineer
Louise Evans , Chairman , Planning & Zoning Commission
Enclosures
p► , any me.r►a ,�►a 3►fib
y
a �
w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
J�osoe-coN� AREA CODE 203/644-2511
October 22, 1986
Mr. John M. Moran, Jr . , Chairman
Inland Wetlands Agency/Conservation Commission
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
RE : Mitchell Subdivision/Lot #2
Conservation Easement Encroachment
Dear Mr. Moran :
Your letter. dated October 14 , 1986 regarding the above referenced
item has been turned over to me for action .
At the Town Council ' s Regular Meeting held Monday, October 20, 1986
I requested legal assistance and was advised by Attorney Harold
Cummings that, pending details he would work out with your
Commission, he is prepared to take whatever legal action may be
necessary.
The Council is concerned with the importance of Inland Wetlands
Agency/Conservation Commission actions and would appreciate
being kept apprised of any further action regarding this issue .
Sincerely,
Richard Ryan, Deputy Mayor
RR: egj
cc : Inland Wetlands Agency/Conservation Commission Members✓
South Windsor Town Council
Attorney Harold Cummings
Mr . Richard J . Sartor, Town Manager
Mr. Richard Martel, Town Engineer
Mr. A. B. Davies, Deputy Town Engineer
Ms . Marcia Banach, Director of Planning
Mrs . Louise Evans , Chairman, Planning 4 Zoning Commission
�OrIN 8�r,
Oy H
U ?d&U&Ot
� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
lldsoeT0 AREA CODE 203/644-2511
November 6 , 1986
Mr. Harold Cummings , Esquire
1665 Ellington Road
South Windsor, Ct 06074
RE: Mitchell Subdivision, Lot #2 , Conservation Easement Violation
Dear Mr. Cummings:
At our October 27 meeting I asked you to submit in writing by
Friday, October 31 a complete tabulation of the hours spent and
the costs thereof since you began your efforts to achieve compliance
last December.
You said you would have no problem getting this to us. To
date we have received nothing.
Your immediate attention to this matter will be appreciated.
Sincerely,
Jolln M. Moran, Jr. , Cha man
Inland Wetlands Agency/
Conservation Commission
Town of South Windsor
JMM:dlb
CC: Attorney Richard Rittenband
John Mitchell, Mayor
Richard Sartor, Town Manager
John MitchellT'', Jr.
IWA/CC File ✓
A. B. Davies, Deputy Town Engineer
. 4 ( Pr1 ,CA0 ppTly T I
LAW OFFICES NOV 14 1986
KUEHN, CAVANAUGH AND CUMMINGS, P. C. �J
1665 ELLINGTON ROAD South Windsor _
SOUTH WINDSOR, CONN, 06074 INLAND WETLANDS AGENCY/
CONSERVATION COMMISSION
(203)644-3473
DANIEL P.CAVANAUGH
E DWARD R.KU EHN OF COUNSEL
-
HAROLD R . CUMMINGS WEST HARTFORD OFFICE:
FRAZIER G. SCOTT 968 FARMINGTON AVENUE
LORRAINE R. PAULHUS
R ONA C. LYNCH WEST HARTFORD, CONN.06107
MICHAEL J. LANZA (203) 236-2973
November 13, 1986
PLEASE REPLY TO:SOUTH WINDSOR
Richard Sartor
Town Manager Town of South Windsor
1540 Sullivan Avenue
South Windsor,Ct. 06074
RE: Mitchell subdivision Lot 2
Conservation easement
.I
Dear Richard:
As you may recall, several months ago I had mentioned to you that I had not planned
on billing the Town of South Windsor for the work which I was doing on the resolution
of the conservation easement problem on Lot 2 of the Mitchell subdivision as long
as matters could be resolved without the necessity of legal action. As I indicated,
over the years, our office through its various partners has done a number of projects
for various organizations within the town, including the town itself on a pro-bono
basis. However, I did indicate that if we were unable to resolve the situation through
negotiations and that, if preparation and filing of a law suit were necessary, then
we would be submitting a bill based upon actual hours involved.
I have received several requests from Mr. Moran, Chairman of the Inland Wetlands
Agency to submit a statement of the hours spent to date working on the file. En-
closed please find a summary done to date on the file by myself.
Frankly, in the Spring of 1986 I was under the impression that the matter was close
to resolution (obviously, in light of subsequent events, a very mistaken impression).
Therefore, I did not keep a detailed daily log on all work on the file (enclosed
please find copy of my letter dated March 4, 1986 and Mr. Davies letter of April 4,
1986 with regards to closing of file).
However, as you are well aware, in early August I was advised by Mr. Moran that Mr.
Mitchell was not, in his opinion in compliance and the file was reactivated. Therefore,
the enclosed statement of hours to date is considerably understated. However, the en-
closed statement is reasonably accurate although, I am extremely conservative with re-
gards to the estimate of total hours to date.
KUEHN, CAVANAUGH AND CUMMINGS, P.C.
Attorney Rittenband, in his letter to me of December 17th, 1985 had indicated, that
I should bill the town at the agreed upon $60.00 per hour rate.
While I am enclosing the statement of hours to date per the request of Chairman Moran
I am not submitting it as a bill at this time. The Conservation/Inland Wetlands Agency has
continued the matter to its December meeting in order to review the proposed revised site
plan of development which has been submitted by Mr: Mitchell. In the event that the
Commission resolves the situation with Mr. Mitchell at its December meeting then it would
not appear necessary for any further action. If the Commission and Mr. Mitchell are un-
able to come to any agreed upon resolution of the situation then it would be necessary,
in accordance with the procedures as. outlined in my letter of October 2nd to bring matters
to ahead so that the way would be cleared for enforcement action in court. I would
anticipate that you should set aside a reserve of $2,500.00 to cover the filing fees,
sherrifs fees,legal fees and other expenses that would be incurred in the event that
resort to a law suit is necessary in order to obtain the injunctive relief which would
be required in the event the Commission rejects the plan as submitted by Mr. Mitchell.
Please give me a call if you have any questions.
Sincerely_Yourat___:_
Harold R. Cummings
HRC/jdc
Enc.
cc: Richard Rittenband
John Moran Jr.