Loading...
HomeMy WebLinkAboutSite Plan - Conservation (389) �jC� TOWN OF SOUTH WINDSOR h)q �11� INLAND WETLANDS AND WATER COURSES to. `14 APPLICATION INLAND WETLANDS AGENCY ACTION THIS APPLICATION, ONCE INFORMATION I87@@ApPLETE, (SEE BACK OF THIS FORM), SHALL BE RECEIV AT A APPLICATION NO. REGULARLY SCHEDULED MEETING OF THE AGENCY AT THE TOWN HALL. RECEIVED DATE 4I11law THIS APPLICATION MUST BE FILED IN TRIPLICATE AT THE OFFICE OF THE TOWN CLERK OF SOUTH WINDSOR BY PUBLIC HEARING DATE 12 NOON AT LEAST 14 DAYS PRIOR TO THE FIRST (if necessary) REGULAR MONTHLY MEETING DATE. THREE SETS OF MAPS COMPLETED APPLICATION OR PLANS MUST BE SUBMITTED TO THE TOWN ENGINEER PERMIT GRANTED DATE AT LEAST 14 DAYS PRIOR TO THE FIRST REGULAR PERMIT DENIED DATE MONTHLY MEETING DATE. PLEASE PRINT OR TYPE. 1. APPLICANT Stephen Fournier, Attorney TEL. NO. 232-9089 ADDRESS 74 Tremont Street CITY & STATE Hartford, CT 06105 2. OWNER Peter J. Gorecki TEL. NO. 668-4973 ADDRESS 1070 South Grand St. CITY & STATE D, CT 06026 C;-AN 3. LOCATION OF PROPERTY Westerly side of Foster Roaf,, NAMES OF ADJACENT PROPERTY OWNERS North: Estate of Charles Miller; 1 East: Foster Road; South: Raymond M. Ellison; Estate of * Charles Miller; Richard Pedmonte; Alexandra DevelopmenL Corporation; West: Monarch Food Service Sew �.),s d � g� STATE CLEARLY AND BRIEFLY 5. PURPOSES AND DESCRIPTION OF THE PROPOSED ACTIVITY.AND THE TIME ELEMENT INVOLVED: Construction and maintenance of a nine-hole regulation golf eet per— e�t�s t t��i f s e b e c-ei;Rp to d ;vf1:ko;4 22-4 F;Re n tkS' ATTENTION: THE APPLICANT UNDERSTANDS THAT THIS APPLICATION IS TO BE CONSIDERED COMPLETE ONLY WHEN ALL INFORMATION & DOCUMENTS REQUIRED BY THE � y AGENCY.HAVE BEEN SUBMITTED. �M✓ 1 Z C APPROVAL "AAY ALSO BE NECESSARY FROM THE PLANNING AND ZONING COM- z _ (o a — MISSION. n AN APPLICATION FEE IS REQUIRED. CONSULT THE-REGULATIONS g z (SECTIONS 6.9, 6.9a and 6.9b) . 0 i A SIGN IS REQUIRED. CONSULT THE REGULATIONS_ .(SECTION 6.3a) . 0- O o cr NLU < z SIGNED: z (Applicant) 1 -1 - ^ (Owner) Revised 8/12/85 ZOWN sf� n' Ole 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 s0e•co� AREA CODE 203/644-2511 October 25, 1985 Mr. Peter J. Gorecki 1070 Grand Street Suffield , Connecticut 06078 �� CERTIFIED MAIL RE: Application NO. 280 Construction and maintenance of nine hole regulation golf course, Foster Road. f x= Dear Mr. Gooecki : y At our October 21 , 1985 meeting,- the Inland Wetlands Ageacyf Conservation Commission voted unanimously to deny your appl.icatia� � = Amy Concerns included (1) impact on a large contiguous wetlaudµ .area (2) impact upon wildlife (3) drainage impact (4) general ecal'ogy `Y of the area. r Very truly yours,, y- "; atc John M. Moran, Jr. , ChaiQ an INLAND WETLANDS AGENCY/ k'x CONSERVATION- COMMISSION f F TOWN OF SOUTH WINDSOR. }.5 �4 cc : A. B. Davies , Deputy Town Engineer s � E. J. Sweeney, Engineer 3 } Smith, Town Clerk Gilligan, Chairman, PZC , ` VCHVED CICT S®. WINDSOR PLANNING DEPt- �gaWN 8fgt� O C U s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 rNdsoR-CO AREA CODE 203/644-2511 May 16 , 1986 Attorney Richard Rittenband 1734 Ellington Road South Windsor, Ct 06074 RE: Gorecki Golf Course Re -application For Permit Dear Attorney Rittenband: At our Inland Wetlands Agency/Conservation Commission meeting on Monday, May 12 , 1986 , Mr. Fournier, Attorney representing Mr. Gorecki, said that the law suit is still pending (on the previous denial of a permit) . He wished to present this new application because he wasn' t sure how the previous process was handled. Depending on the outcome of this "new" application (new because it' s in his nave, but differing little from former application) , he will decide whether to continue the law suit. We voted to table this application and did not allow him to make a presentation since we did not want to jeopardize the agency' s actions and decision on the forner application while the law suit was still . pending. Could you please advise on this situation? Should we allow this application to be presented before the pending suit has been dropped? Sincerely, John M. Moran, Jr , airman Inland Wetlands e cy/ Conservation Comita-ission Town of South Windsor JMM/dlb tOW H se,44 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 N� AREA CODE 203/644-2511 yr Reply to: 1734 Ellington Road 1000 South Windsor, CT 06074 Area Code 203/644-2456 �No ���► May 21, 1986 �°vw ��NS�RgP GQ John M. Moran, Jr. , Chairman Inland/Wetlands Agencv- Conservation Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Gorecki Golf Course Re-application For Permit Dear Jack: In response to your letter of May 16, 1986, it is my opinion that you should allow the application to be presented while the present appeal to the Court is still pending. I find nothing in the state statutes which prohibits the Inland/ Wetlands Agency/Conservation Commission from either rehearing the same application or a new application relative to the same property. There is statutory language on this subiect as to the Zoning Board of Appeals (Section 8-6) which provides that the Board shall not be required to hear any appli- cation for the same variance or substantially the same variance for six (6) months. (There is a similar provision as to zone changes in Section 8-3(c)). However, although it is not required to do so', it is permitted to do so. (.and, therefore, not prohibited from doing so) . Your statutes do not even mention it, and therefore, do not prohibit it, and it could, by the absence of the language in Section 8-6 and 8-3(c) in your Chapter, be construed that you are required to hear it. The courts have held that revised applications (in zoning) may be heard while an appeal is pending. The fact that an appeal was pending from the Zoning Board's decision refusing an application for an exception did not foreclose the Board from considering and granting a revised application in Mitchell Land Co. v. Planning & Zoning Board of Appeals of Town of Greenwich, 140 Conn. 527 (1953) . There are other similar cases, and I have previously given a similar opinion to the South Windsor Planning & Zoning Commission advising that they could hear a site plan application for Allied Plywood while the Court appeal was pending. Further, in Manor Development Corp. v. Conservation Commission of Simsbury, 180 Conn. 692, a second application was considered and approved during the pendency of the Court action, and the Supreme Court did not find that improper. Jack Moran -2- May 21, 1986 Under the statutes that apply to your agency, you should allow the application to be presented even if it is not different. Under the case law, if it is different, you should allow it to be presented. It is my understanding that a detention basin was or is to be added, and that would certainly justify its being presented. . Further, I note from the minutes of the Ocotber 21, 1985 meeting that the application was not denied with prejudice. Accordingly, it was denied without prejudice, and under your own regulations (11.5) , the applicant may modify, correct or amend his proposal and there is no prohibition for resub- mittal, although, of course, the statutes still prevail, and under those, there is no prohibition for resubmittal. Finally, I see no prejudice to the pending law suit by your hearing the recently submitted application. If you grant it, the Court case will become moot, and we can have it withdrawn. If you should deny it, it should not have any effect on your prior decision. For all of the above reasons, it is my opinion that you should allow the application to be presented. If you would like me to attend the meeting at which it will be heard, I will be happy to do so. Please let me know. r Very truly yours, -- '� Richard M. Rittenband Town Attorney RMR:mwd SF,t a U 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �f`1dsOR•co� AREA CODE 203/644-2511 June 2 , 1986 Stephen Fournier Attorney At Law 74 Tremont Street Hartford, Ct 06105 RE: Application #386 - Gorecki Golf Course - Meeting scheduled June 9 , 1986 . Dear Mr. Fournier: Enclosed please find a copy of the agenda for the Inland Wetland Agency/ Conservation Commission meeting which is scheduled for Monday evening, June 9th at which time you will present the plans for Mr. Gorecki ' s Golf Course. Please be advised that since this application was tabled by vote of the agency on May 12th, it must be untabled by vote by the agency before this application can be heard. r It has also been decided that the following will be needed before the meeting date: 1. 3 sets of a revised map with a date and new applicant' s name consistent with application submitted on April 17, 1986; indication of the detention basin. As you can see from reviewing the agenda, we have a full meeting - scheduled for that evening. We are advising those who will do the presentations for their cooperation in keeping their presentations as brief as possible, keeping with the time schedule. Please take note that your appearance;i.time has been changed from 8:00 to 8 :05. As you are in receipt of this letter, you may have already received a telephone call from Mr. Davies, Deputy Town Engineer, in regards to the above. If. you should have any questions, please don't hesitate to contact the Wetlands/Conservation Department or Mr. Davies. Very truly yours, GW1 Jo n M. Moran, Jr. , Chairman Inland. Wetlands Agency/ Conservation Commission Town of South Windsor JMM:dlb CC: Mr. Bo Davies, Deputy Town Engineer ��O•NN 8f+`�O w F ` Ll/1 L V// ?S C � ti 6 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 �cf �wG AREA CODE 203 644-2511 NdSOR COS July 9 , 1986 Stephen Fournier, Attorney 74 Tremont Street Hartford, Ct 06105 RE: Application #386 - Gorecki Golf Course Dear Mr. Fournier: Construction activities have been observed on the site for which application #386 is pending. Such activities, which include excavating and filling, are being conducted without a permit. You are hereby requested to ensure that all such activities cease and that no further construction activities are initiated until a proper permit is issued. Any questions or pertinent information may be directed to this Agency or via the Town Engineering Department. Your cooperation will be appreciated. Sincerely, QJM —M- rM Ck Jo n M. Moran, Jr. Chairman Inland Wetlands Agency/ Conservation Commission JMM:dlb �A 0V114 8f.14 r U Z WI-z w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 rN�soa•co�'� AREA CODE 203/644-2511 June 12 , 1986 Mr. John M. Moran, Jr. , Chairman Inland Wetlands Agency/Conservation Commission 1540 Sullivan Avenue South Windsor, Connecticut 06074 RE : Gorecki Property on Foster Road Dear Jack: In response to the comments last night concerning earth moving activities still going on at this site, I made a tour this morn- ing. There is the same bulldozer working that spent most of the winter there, together with a rented backhoe. The operator said they' had been working about two weeks . The area of activity today is about 2500 ' from Foster Road. Very truly yours , A. B. Davies Deputy Town Engineer ABD/j sv CC : Richard Martel , Town Engineer v ' Marcia A. Banach, Acting Director of Planning �to,401M C � w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 j�osoR-co� AREA CODE 203/644-2511 July 23, 1986 Stephen Fournier CERTIFIED MAIL Attorney at Law --- 74 Tremont Street ! �J Hartford, Ct 06105 RE: Application #3/6 - Gorecki Golf Course Dear Attorney Fournier: At the July 21, 1986`- eeting, the South sor Inland Wetlands Agency/ Conservation Commission ut prejudice, application #386, for the construction and maintenance of a nine hole regulation golf course because what was requested by this commission (i.e. three sets' of a revised map with a date and new applicant's name consistent with application submitted on April 17, 1986; indication of the detention basin) was never received. You may re-apply at any time. Check with the Engineering Department about particulars if you have any questions. Very truly yours, / John M. Moran, Jr. , C)Airman Inland Wetlands Ag cy/ Conservation Commission Town of South Windsor DLB CC: A. B. Davies, Deputy Town Engineer Richard Martel, Town Engineer Planning .& Zoning Commission Marcia Banach, Director of Planning John Shemo, Economic Development Coordinator