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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 CN M Z Cc ci • aM N m N _Z O co DO f�N - Z • a 00 CD Q O �U ao �0 0 z� We �a Y= • w U • Oj S'Z LU J� Q Z O 0 c_Z co Q LL Old "' ' � �, , '��i�"h� rta}f`vdcn� L - - •!,- - tY� ;® �P �' at r ��' W� ' ',,�. y Sy'';:° a �a�?'*. rwY i J .h�51 i`,✓`:✓�;' rn'k'"i: _ .h apB 'f';'. _ 'el'�'` �,.+Yk[',-tJk,`x,t, :.b'>� VM.�.,(, :; .;"'tea� t�fv'.ir+ �yy vTrd.sir1a' ::I�""''""6` '�i a '�,,,,J�yn+ ��de��4�P i. ' ` ,�h '"�'? ,:n�. '�'( �W.� 6 ^�'': ;r '�g,�, n y q .. �y. i��� •ta,,,R !1 � ;r . 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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 eQ o • n • . 'i c ^� tap . ..........:..... TOUGH.1'ON •B K .,�. ,,,.. �� • WATERSHED. ....... .... ........ ....... ::::::::::. 90 OD Ai ..... ............ .. ....... ..... 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 , .1 ► ` 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 A 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� D 9 w� Tawt2l 0 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 (0" Sf, 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 C � U 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 • ,�OwM SE1 p. ti 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.