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HomeMy WebLinkAboutMap Amendment (5) ApR 1. MAP AMENDMENT MAY 2 1990 4 1990 FEE: $100.00 TOWN OF SOUTH WINDSOR ASSISTANTIOWI0WAK ASSISTANT TOWN CLERK INLAND WETLAND, WATERCOURSES AND CONSERVATION APPLICATION APPLICATION I. b /- /�5 DATE RECEIVED INSTRUCTIONS 1. The application, map and plans must be submitted in triplicate, together with the fee set forth in the Inland Wetlands, Watercourses and Conservation Regulations, Town of South Windsor. (See Regulations, Section VI). 2. The South Windsor Inland Wetlands, Watercourses and Conservation Regulations should be reviewed with respect to the standards and criteria for application evaluation. (See Regulations, Sections VIII - X). 3. The applicant understands that this application is to be considered complete only Vhm all information and documents required by the Agency have been submitted. (See Regulations Section VII) . A. APPLICANT'S NAME Services Development Corporation ' 1077 Gorge Boulevard ADDRESS Akron, Ohio 44309 PHONE: (HOME) (WORK) 1-216-384-1717 B. LEGAL OWNER'S NAME: Andre L. Charbonneau Milton 8. & Eleanor Bayer ADDRESS 311 Felt Road & 46 Kennedy Road Smith Wi ndgnr, ff 06074 South Windsor, CT 06074 Andre-L.-Charbanneau 644-9188 PHONE: (HOME) (WORK) Milton B. Bayer 677-4621 .(List additional owners, addresses, and phone numbers on back of application). C. IF THE APPLICANT IS NOT THE OWNER OF THE SUBJECT PROPERTY, A LETTER BY THE PROPERTY OWNER(S) AUTHORIZING THE PROPOSED REGULATED ACTIVITY SET FORTH IN THE APPLICATION MUST ACCOMPANY THIS FORM AND WILL BE PART OF THE APPLICATION. D. PROJECT NAME: (if any) Roadway Package System/Hartford Distribution Center 1. Contact Person (if further information is needed). Richard L. Boston (Fuss & O'Neill, Inc.) 646-2469 E. THE GEOGRAPHICAL LOCATION OF THE PROPERTY WHICH IS TO BE AFFECTED BY THE PROPOSED REGULATED ACTIVITIES INCLUDING A DESCRIPTION OF THE LAND IN SUFFICIENT DETAIL TO ALLOW IDENTIFICATION OF THE PROPERTY ON THE INLAND WETLAND AND WATERCOURSES MAP. Town of South Windsor Tax Assessors Parcel Number: 63-22 (See attached partial mapping from Inland Wetlands Configuration Map) PAGE 1 y F. NAMES OF ALL ABUTTING PROPERTY OWNERS: (USE SEPARATE SHEET IF NECESSARY) (See Attached Listing) G. HAVE YOU NOTIFIED ALL ABUTTING PROPERTY OWNERS BY CERTIFIED LETTER THAT AN APPLICATION IS PENDING BEFORE THE AGENCY?. X **(You are required to supply a copy of the letter with the list of the names of the abutters).** H. PURPOSE AND DESCRIPTION OF ALL PROPOSED REGULATED ACTIVITY(S) INCLUDING AMOUNT AND TYPES OF FILL AND THE TDO ELEMENT INVOLVED: Purpose: Amendment to Town of South Windsor Inland Wetlands & Watercourse Map, dated 1984 for property designated in Item E. I. A CLASS A-2 MAP OF THE PROPERTY DRAWN TO 1•-401, SHOWING THE AREA TO BE DEVELOPED, EXTM;T OF THE WETLANDS AND WATERCOURSES AFFECTED, TOPOGRAPH, EXISTING AND PROPOSED ACTIVITIES A.ND NAMES AND LOCATIONS OF ADJACENT PROPERTY OWNERS MUST BE SUBMITTED. J. ACREAGE OF WETLANDS AND WATERCOURSES TO BE ALTERED: 0 K. ACREAGE OF WETLANDS AND WATERCOURSES TO BE CREATED: 0 L. LINEAL FEET OF PROPOSED STREAM ALTERATION 0 M. TOTAL LAND AREA OF PROJECT AND PERCENTAGE WHICH IS WETLANDS:Total Land Area 39.10 ACLoE • • . . —_ Delineated e an s .18° (0 AC) Delineated Wetlands for Lot 63-22 0 N. IDENTIFY ALL OTHER PERMITS OR APPROVALS THAT HAVE BEEN ISSUED, APPLIED FOR, OR REQUT?= WITH RESPECT TO THE PROPOSED ACTIVITY SET FORTH IN THIS APPLICATION. (These may include but not be limited to, local Planning L Zoning, Zoning Board of Appeals, D.E.P., F.E.M.A. . D.O.T. , The Army Corps of Engineers, and any other State, Local or Federal Permits.) Amendment to Town of South Windsor Inland Wetlands & Water Course Map .dated 1984. For parcel owned by Andre L. Charbonneau (37.92 AC), approved December 11, 1989. 0. THE APPLICANT (OR DESIGNATED REPRESENTATIVE) HEREBY ATTESTS THAT A SIGN WILL BE POSTED AT THE FOLLOWING LOCATION/S Designated Representative: Fuss & 0 Neill, Inc. (Kennedy Road) 14b HarttordRoad Manchester, CT 06040 by Fuss & O'Neill,-- Inc. NAME Richard L. Boston ON OR BEFORE THE FOLLOWIN ATE: nuar 6, SIGNATURE: THESE SIGNS MUST BE DISPLAYED CONTINUOUSLY FOR AT LEAST FIVE DAYS PRIOR TO SCHEDULED MEETING. (See Regulations, Section 6.3a) . PAGE 2 � q i •4 i THE UNDERSIGNED HEREBY APPLIES FOR THE REGULATED ACTIVITIES LISTED IN PARAGRAPH H ABOVE. FOR A INLAND WETLAND, WATERCOURSES AND CONSERVATION PERMIT FOR THE PROPERTY DESCRIBED HEREIN An CONFIRMS THAT: 1. HE IS FAMILIAR WITH THE CURRENTLY EFFECTIVE -INLAND WETLAND, WATERCOURSES AND CONSERVATION REGULATIONS OF THE TOWN OF SOUTH WINDSOR. 2. HE/SHE UNDERSTANDS THAT AT ANY TIME DURING THE REVIEW PERIOD, THE AGENCY HAY REQUIRE THE APPLICANT TO PROVIDE MORE INFORMATION ABOUT THE WETLANDS AND/OR WATERCOURSES IN QUESTION AND(OR ANY PROPOSED ACTIVITY. 3. ALL INFORMATION SUBMITTED IN THE APPLICATION FOR REVIEW SHALL BE CONSIDERED FACTUAL, OR IN THE CASE OF ANTICIPATED ACTIVITY. BINDING. A KNOWING FAILURE OF THE APPLICANT OR ANY OF HIS/HER AGENTS TO PROVIDE CORRECT INFORMATION. OR PERFORMANCE EXCEEDING THE LEVELS OF ACTIVITY ANTICIPATED. SHALL BE SUFFICIENT GROUNDS FOR REVOCATION OF ANY PERMIT UNDER THESE REGULATIONS . 4. BY MAKING THIS APPLICATION, THE APPLICANT GIVES Pn SSION TO THE INLAND WETLAND, WATERCOURSES AND CONSERVATION C0.' SSSION 2f-fl ERS ANUJ/OR ITS REPRESENTATIVE TO ENTER TE7 PORTIONS OF THE AND INVESTIGATION ONSES CH ARE SUBJECT Oy AND OTHERWISE EVALUATING THEMERITSR THE OF THB�APPLICATION* BO1F SE OF INSPECTION AND BEFORE AND AFTER A FINAL DECISION HAS BEEN ISSUED Fuss & O'Neill, Inc. �• Richard L. Bo ton Da Decem er 18 1 Signature of Applicant . Received and filed at the office of the Planning Department s day of 19 Signature of Agent Date FEE RECEIVED YES_ NO_ AIHOUTT DATE RECEIVED by HEARING DATE HEARING ADV. (1) (2) PERMIT GRANTED DATE PERMIT DENIED DATE PAGE 3 STATEWIDE INLAND WETLAND & WATERCOU.ISE :�;,__:I;;s DEPORTING FORM (See instructions on back) in accordance with the requirements of Section 22a-39-�14 of the Regulations of Connecticut State Agencies, this form is to be completed for each action. Completed forms for all reportable actions during a calendar month shall be ,mailed to the Commissioner by the local agency no later than the 15th day of the month following the month in which the action was taken. 1. TOWN: * South Windsor 2 . A. LOCATION: (Attach an 82 by 11 inch photocopy at the original scale of the appropriate USGS Quad Map with .the project site outlined. B. USGS QUAD MAP NAME OR IT: Manchester Quadrangle_Map Services Development Corporation 3 . APPLICANT'S OR VIOLATOR'S NAME: 1077 Gorge Boulevard, .Akron, Ohio 44309 4 . PROJECT NAME (If any) : Roadway Package System/Hartford Distribution Ce-rater 5 . ACTIVITYTYPE CODE See list of codes in instructions) : . . . . . . : . . . 12 [ , If Type Code is 13 "other," describe the type of activity: Wetlands Delineation by Soils Scientist for Wetlands Map Amendment 6 . ACTIVITY PURPOSE CODE (See list of codes in instructions) : . . . . . . . . . . . [ 0 ' 7 . ACREAGE OF WETLANDS AND WATERCOURSES ALTERED (or proposed to be altered) : ( for all agency actions; permits, denials and enforcement) A So 1 t s I f Available)� type(s)) ( . . . . . . . . . . . . . . . . . .... . . . . . . . . . [ b r+C..Es : B. Only if soil type is not available specify area altered as follows: Swamp. . . . . . . . . . . [ NIT-- ACRES] Marsh. . . . . . . . . . [ N/A Bog. . . . . . . . . . . . . [�ACRES] Open water. . . . . .. [ A_ . S . ACREAGE OF WETLANDS OR WATERCOURSES CREATED: - - . . . . . . . . . .. 0 - Ate 9 . LINEAR FEET OF STREAM ALTERATION: . . . . . . . . . . ... . . . . . . . . [ 0 10 . TOTAL ACREAGE OF PROJECT SITE: . . . . . . . . Total Pro. . . . .. . . . [ 39.10 Parcel 66-22 1.16 RE ************************************** * For Local Wetland Agency Use Only * For State Use Only 11 . REPORTING MONTH: * GIS CODE: 12. PUBLIC HEARING HELD: YES NO 13 . ACTION: (Circle only one action) A. permit issued B. permit denied * t C. permit extension/amendment * x D. map amendment E. enforcement F. jdrisdictional ruling * * nATR PrrVTVVTI CY\\Jr. , OVA yo • , 2 �j/ W z •• •, � '•I .K. ° .i r° . . •' �� 1•rJ,�; 1 �1 f Ei+t�� +• y � r �. Z = Z ,� o �.,�; ,.... . o 4 t �, w s W ca W; o « b ^ Y C •• f 1 A. Ix bi • ♦ to , f , ' !' (� • W �������� ' ce • ` ' T • 1' �� '••"�• .�''� ,• %'' ,'I ;; ' 4 '• .c •Ill . .. ,;,+1 .. 4 ,'M, � � 4 s Q C] V� 3 �oQ',D OF i NO ITO Io` 0�, :.t�• •. 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Box 480 Bloomfield, CT 06002 73-7 William & Anna Barton 313 Troy Road East Windsor, CT 06088 73=11 William & Anna Barton 313 Troy Road East Windsor, CT 06088 73-12 Terry H. & Sandra-Files 151 Troy Road - South Windsor, CT 06074 73-13 Anna Wisniewski 118 Troy Road South Windsor, CT 06074 72-17 Red Star Express Lines of Auburn, Inc. #2450 Wright Avenue Auburn, New York 13021 72-4 Mr. Andrea Charbonneau 311• Felt Road South Windsor, CT 06074 72-3 John J. Shea & Michael Buscemi 500 Sullivan Avenue South Windsor, CT 06074 72-25 Marjorie A. & William F. Mayettc, P.O. Box 505 Brood Brook, CT 06016 0926B89RB.1 Page 1 of 2 Tax Assessors Property Parcel Number Owner 72-23 Cardinal Industries, Inc. 38 Park Street Vernon, CT 06066 63-1 JRD Realty 481 Sullivan Avenue South Windsor, CT 06074 63-2 JRD Realty 481 Sullivan Avenue South Windsor, CT 06074 63-3 Gerber Scientific, Inc. 83 Gerber Road South Windsor, CT 06074 63-20 Mr. John J. Woodcock, Jr. 34 Woodcock Drive South Windsor, CT 06074 63-22 Milton B. & Eleanor Bayer 46 Kennedy Road South Windsor, CT- 06074 63-23 Mr. John J. Woodcock, Jr. 34 Woodcock Drive South Windsor, CT 06074 63-19 Mr. John J. Woodcock, Jr. 34 Woodcock Drive South Windsor, CT 06074 63-18 Rex Lumber Company Box N South Windsor, CT 06074 63-14 Rex Lumber Company Box N South Windsor, CT 06074 64-8 Handy & Harman 850 Third Avenue New York, NY 10022 0916B89RB.1 - Page, 2 of 2 "SOILS CONSULTING SERVICE INTENSIVE SOIL, SURVEY HENRY T. MOELLER - 1'39 HULLS HILL ROAD SOUTHBURY. CONNECTIGUT 06488 PHONE: (208) 264.6977 TEDOLOGIST (SOIL SCIENTIST) AND CONSULTANT March 14, 1985 TO WHOM IT MAY CONCERN: � t I have worked a consultant and professional soil scientist for over 11 years. The scope of my services include high intensity soil survey (111 = 2001 and larger), wetland soils delineation and identification, soils and wetlands interpretations and evaluations, environmental impact. statements concerning soils and water, court appearances, and meetings and public hearings in' frontof wetland commissions and planning 'and zoning commissions. I have worked in Connecticut, Massachusetts, Rhode Island, New York, and Pennsylvania. The size of the projects range from less than one acre to 800+ acres. The larger projects include the following -but is not inclusive: Union Carbide in Danbury, Stanley Works, world headquaters in New Britain and Farmington, Med-Way Industrial Park in Meridan and Wallingford, Pennsylvania Light and Power in Pennsylvania, O'Mera property in Farmington, Danbury Fairgrounds Mall project in Danbury, Cheshire Indus- trial Park in Cheshire, Powder Forest for Ensign-Bickford in Simsbury, and many others. As a consultant I completed _a medium intensity soil survey in the following towns: 8,000• acres directly for the Town of Darien, Ct. in 1974; 15,000 -acres for the Soil Conservation Service in Lyme, Ct. in 1975; 32,000 acres in Rhode Island for the Soil Conservation Service in 1976 and 1977; 11,000* acres for the Soil Con- servation Service in Colchester, Ct. in 1977; and 17,000 acres for the Soil Conser- vation Service in Salem, Ct. and Voluntown, Ct. in 1977 and 1978. I also worked directly for the USDA Soil_Conservation Service from 1966.to 1973. Duties included mapping and classification of soils; soil interpretations; lecture in soils information workshops for sanitarians, conservation commissions, and schools; draft resource maps and soils maps; write technical material for. soil survey reports; identify geology; set up and run soil characterization studies; and write news articles. My job description was a soil scientist and included all duties. My experience in the Soil Conservation Service includes 2.S years in Fairfield County, Connecticut; Sheboygan County, Wisconsin; Columbia County Wisconsin, and Dane County, Wisconsin. I was a student trainee soil scientist in north-central e Wisconsin in the -"summer of 1965 for the Soil Conservation Service. I was also a student..trainee soil scientist in the US Forest Service in Upper Michigan in 1964. Res ctfully submitted, Henry r. Moeller 159 HULLS HILL ROAD • � SOUTHBURY. CONNECTICU7 06488 � PHONE: (203) 264.6077 1 ON-SITE SOILS INVESTIGATION f SOIL MAPPING ` -'WETLAND" IDENTIFICATION SOILS INFORMATION AND CONSULTATION GRANITE MON__S G8'S4'0-4 E 104-# S 68'2W6V'E 32Q.16 ' - Tr 25 sw- MG.LINE. _ � I go go r I L0 EDGE OF 7AM tM - 90 ' TOTAL AREA= 1,611756 S FT. 37.92 ACRESbi .. CY tQ f\ WETL ANDS I N t 0 35'M&Dwe NC. Ln `K 64.17'10" W 113.02' I r f l MATCH SHEET 8 FOR. CONTINUATION, SEE SHEETS I D o .J k mA _ r T"a b'BRIM DMG LgIE -n I 26.45'40" yy 285.9 Z l 1 I f m Z co o �, \ l Z F - - -- - -- D... -. --- 1 \ ! I m I .D I Z N S 25.42'S0'-W 455.76' 1 475.00' 1 � ROADWAY SERVICES, INC. 1 r 1077 GORGE BOULEVARD ` P.O.BOX ss AKRON.OM 44309.0060 (2161 3Is4-e184 September 25, 1989 VIA FACSIMILE TRANSMITTAL Fuss & O'Neill, Inc. 146 Hartford Road Manchester, CT 06040 Attention: Mr. Richard Boston Re: Services Development Corporation s Hartford Facility Wetlands Applications Dear Mr. Boston; This letter serves to confirm that-Fuss & O'Neill, Inc. is authorized to act as the designated representative of Roadway Services, Inc. and its operating compatzy, Services Devalopment Corporation, with respect to the filing of applications for a) amendments to the. Town of South Windsor Inland Wetlands and Watercours*&x Map, and b) any regulated development`activities within Town of South Windsor designated wetlands.If there are any questions, please contact me. Very truly yours, i Roadway Services, Inc, for Services Development Corporation Paul J. Viccaro, P.E. Manager - Construction PJV/ldb-wetlands cc: J. L. Mihelick R. M. Elias ' .N. VanWinkle EEP 25 ' 99 19 : 5 1"; P02 September 25, 1989 Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: 37.919 Acre Parcel Sullivan Avenue South Windsor, CT Dear Sirs: This letter serves to grant sry authorization, as Owner of the above-referenced parcel, to Roadway Services, Inc. and its operating compsry, Services Development Corporation to file applications for a) am6ndments co the Tovn of South Windsor Inland Wetlands and Wateroourses Hap, and b) any rqutated activities within Town of South Windsor designated Wetlands. If tiers are any queations, pleases contact me. s Andre' L. Charbonneau rJEL. 44 t SOILS CONSU-LTING SERVICE IS9 MULLS HILL ROAD HENRY T. MOELLER soUTH&URY. CONNECTICUT'06468 PMONEc 12031 284-6977 t l0000ifT IfOu ttt+Tl�f.w>.p GOaf ViMNT i i December.7, 1989 ON-SITF SOILS INVESTIGATION OF ADDITIONAL LAND ON KENNEDY ROAD FOR ROADWAY SERVIUS I have conducted an on-site soils investigation of the property located on Kennedy Road ill South Windsor, Connecticut. This is additional land for Roadway Services. n the The principal purpose of thiioo�llsdrainodlsoilsnoraswettlands to toasndefinediunder held all poorly drained and very poorly Inlands Wetlands Act. In this soils 'illvestigation and report, the classifications of the soils, soil textures, descriptive terms, and drainage classifications follow the guidelines and criteria of the National Cooperative Soil Survey. FINDINGS---- The only area of natural soils occurs just south of the building next to the open field owned by Roadway Services. The soils were moderately well drained and consist of tho Sudbury fine sandy loam. These soils have a sand profile throughout. Only two holes were dug because the area of natural soils is very limited. i Niost of the land south of the existing building consists of a packed gravel parking lot. Vie gravel is approximately 1 foot above the surrounding soils off the proporty. It is very compact and is obviously dry and useable for parking of all types of vehicles. The building itself with a paved area in the front occupies filled large nd pSectiond f tsur- property. The land north of the building scompletely rounded by a chainlink fence.to the very edge of the property line. T}1e roadway property had been checked and there were no obvious wetlands nor indication of wetlands off the levelproperty area and the provideha good appears forhthe most pavementthe filling was done to create a 'There are no wetland soils or wetlands on the property. Res ectfully submit d, I enry ` . Moeller ON-SITC SOILS INVESTIGATION ` SOIL MAPPING ` "WETCANO" 10ENTIFICATION I SOILS INFORMATION ANO CONSULTATION f�y ►y COn 3g PU /7 C A Can ri — Z b - - zt 70 3- `y3.443 -Fo �3 y _ i �O FUSS&OFNEIL COt milting engineers December 15, 1989 Handy & Harman 850 Third Avenue New York, NY 10022 RE: . Abutting Property Owner Town of South Windsor To Whom It May Concern: Please be informed of an Inland Wetland, Watercourses and Conservation Application before the Town of South Windsor for a "Request for Exemption" for property at Tax Assessors Parcel No. 63-23 and of interest to: Roadway Services, Inc. 1077 Gorge Boulevard Akron, Ohio 44309 The application will be heard on October 16, 1989 by the Inland y: Wetland, Watercourses and Conservation Commission. Should you have any questions or wish to review the application, please contact the Town of South Windsor, Planning Department, 1540 Sullivan Avenue, South Windsor, CT 06074, phone (203) 644-2511. Sincerely, _ Richard Boston Project Manager /bmw Corres. File 89-350 1214A89RB 146 HARTFORD ROAD / MANCHESTER, CONN. 06040 / TEL. (203) 646-2469, FAX. EXT. 307 SOLID WASTE MANAGEMENT•WASTE WATER SYSTEMS•EROS:CN CONTROL•WATER SYSTEMS•HYDROLOGY and DRAINAGE SYSTEMS•SITE PLANNING HIGHWAYS ana BRIDGES•SURVEYING 0 LANGz—%-� • T;A!jSPDRTA-iO%and TRAFFIC• PUBLIC WORKS MANAGEMENT 0 HYDROGEOLOGY tr QpLF '-L � December 18, 1989 Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: 1.2 Acre Parcel 46 Kennedy Road South Windsor, CT Dear Sirs: This letter serves to grant my authorization, as Owner of the above-referenced parcel, to Roadway Services, Inc. and its operating company, Services Development Corporation to file applications for a) amendments to the Town of South Windsor Inland Wetlands and Watercourses Map, and b) any regulated activities within Town of South Windsor designated wetlands. If there are any questions, please contact me. P: FUSS&OFNEILL We 211989 consulting engineers South Windsor �ll.AND WETLANDS AGENCY/ December 20, 1989 g"SEWATION COMMISSION Handy & Harman 850 Third Avenue New York, NY 10022 RE: - REVISED NOTICE - Abutting Property Owner Town of South Windsor To Whom It May Concern: Please be informed of an Inland Wetland, Watercourses and Conservation Application before the Town of South Windsor for property at Tax Assessors Parcel No. 1, 2, 15, 21, 23 and a .. portion of No. 4 and of interest to: Roadway Services, Inc. 1077 Gorge Boulevard Akron, Ohio 44309 Please note that previous notification was in error for time this application is before the Commission. The application will have a tentative hearing date of January 8, 1989 by the Inland Wetland, Watercourses and Conservation Commission. Actual date should be verified with the Planning Department. Should you have any questions or wish to review the application, please contact the Town of. South Windsor, Planning Department, 1540 Sullivan Avenue, South Windsor, CT 06074, phone (203 ) 644-2511. Sincerely, Richard Boston Project Manager 0 /bmw �s Corres. File 89-350 1219B89RB 146 HARTFORD ROAD / MANCHESTER, CONN. 06040 / TEL. (203) 646-2469, FAX. EXT. 307 SOLID WASTE MANAGEMENT•WASTE WATER SYSTEMS•EROSION CONTROL•WATER SYSTEMS•HYDROLOGY and DRAINAGE SYSTEMS•SITE PLANNING HIGHWAYS and BRIDGES 9 SURVEYING•LANDSCAPE ARCHITECTURE•TRANSPORTATION and TRAFFIC•PUBLIC WORKS MANAGEMENT 9 HYDROGEOLOGY 'OviN 8F4 C U Tiauw o-P Sou# ` ) 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 J�dSOR•Co� AREA CODE 203/644-2511 January 11, 1990 TO: Current Abutter FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer pw RE: Public Hearing of the Inland Wetlands Agency/Conservation Commi s s ion Pursuant to section 9 .5 of the Inland Wetlands Agency/Conservation Commission regulations, as an abutting property owner, you are hereby notified of the Public Hearing to be held on January 22, 1990 at 7:00 P.M. in the Sprenkel Room of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor. This hearing is being held for the purpose of redesignating the wetlands delineation on a 1. 18 acre parcel adjacent to Kennedy Road (Tax Assessor's Parcel # 63-22) . Please see the enclosed public notice, the application is identified as #89-105W Services Development Corporation. Thank you for your attention. Enclosure q O.NN $E4 S Vzoi&-lot a � w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R.CO AREA CODE 203/644-2511 January 3, 1990 TO: James A. -Lombardi, .Chairman, Inland Wetlands Agency/Conservation Commission FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer RE: Application #89-105P, Services Development Corporation DOCUMENTS REVIEWED: Application form and attachments, Boundary and Topographic Plan and Soils Investigation by Henry T. Moeller, Soil Scientist COMMENTS: 1. Andre L. Charbonneau and Milton B. Bayer are the legal owners of the property. A letter has been submitted by Andre L. Charbonneau authorizing Services Development Corporation to file applications regarding this property. A letter from Milton B. Bayer has also been submitted. Fuss and O'Neill, Inc. , has been authorized to act as the designated representative for Services Development Corporation. 2. This application is for the redesignation of the Wetlands on Tax Assessor's Parcel Number 63-22, based on the findings of Henry T. Moeller, Soil Scientist. The area being considered is 1 . 18 acres with a street address of 46 Kennedy Road. There is no activity proposed on the site with this application. It is up to the Commission to determine how this should be processed. 3. The report submitted by Henry T. Moeller, Soil Scientist (dated December 7, 1989 ) states there are, "no wetland soils or wetlands on the property" . The site is fairly extensively developed and there are no obvious indicators of wetlands on the site. The past development of this site predates the formation of the Inland Wetlands Agency/Conservation Commission. IF APPROVAL IS CONSIDERED, SUGGEST APPROVAL CONDITIONS INCLUDE: 1. The area being considered in this application should be clearly identified on sheet 1 of 3. LAW OFFICES ° JOHN J. WOODCOCK III 395 BUCKLANO ROAD P. O. BOX 684 JOHN J.WOODCOCK u1• SOUTH WINDSOR,CONNECTICUT 06074 , *ALSO ADMITTCO IN MASSACMUSCTTS TELEPHONE 1 (203)644-2431 January 22, 1990 South Windsor Inland Wetlands Agency / Conservation Commission Mr. James Lombardi, Chairman South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 RE: APPLICATION 89-105W SERVICES DEVELOPMENr CORPORATION Dear Mr. Lombardi: The undersigned, attorney for John J. Woodcock, Jr., of 30 Kennedy Road, South Windsor, Connecticut, hereby requests on his behalf that the South Windsor Inland Wetlands Agency / Conservation Commission postpone any action on this application for the following reasons: 1. The applicant has not complied with Section 6.3a of the Agency's regulations in that it has failed to display a sign on the property that states to the public that an application is pending before the Agency. The sign was placed at the property on January 191 1990. Therefore, the applicant has not provided adequate notice as per the Agency's regulations. Thus, the Agency does not have the legal authority to act on this application. 2. The Agency should consider having an independent soil scientist investigate the Property to determine whether or not there are i wetlands on site. The applicant's soil scientist, Henry T. Moeller, in his 'report of December 7, 1989 stated that there are no wetland soils on i the Property, however, his report does not identify when the test pits were dug, where, what the water table was, etc. This Agency has always relied on the Hartford County Soil Conservation Service for reports and recommendations with respect to regulated activities and their impact on wetlands. The Wetlands Map of Inland Wetlands Agency January 22, 1990 Page 2 1984 shows this site to be substantially within a wetland. To redesignate the map without corroboration from an independent soil scientist would not be in the best interest of the town nor is it sound public policy. 3. The Inland Wetlands Agency has as recently as February 18, 1988 deliberated on this property in Application-532, Bayer Re-Subdivision. Minutes of the February 8, 1988 and February 22, 1988 agency meetings detail a comprehensive and extensive discussion by agency members concerning the wetlands on this site. These minutes contain a number of affirmative representations by agency members that there are wetlands on the site and that any future "ications relative to this property must be governed by the permit process. Present members who participated in that meeting are Chairman Lombardi, and Commissioners O'Sullivan and Pekala. 4. The proposed road as shown on the applicant's plan is within eighty (80) feet of a watercourse located on my client's property. Section 2.1 Subsection P of your regulations define watercourse as: "rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps$, bogso, and all other bodies of water, natural or artificial, public or private, vernal . or intermittent, which are contained within, flow through, or border upon the Town of South Windsor or any portion thereof". The watercourse in question runs along the southerly border of the .subject's site and contains water on a seasonal and intermittent basis. The agency's regulations .provide that a "regulated area" is that area within eighty (80) feet of the boundary of a watercourse. Here the road appears to be less than fifty (50) feet from an existing watercouse. 5. There is a feasible .and prudent alternative to remedy the Kennedy Road means of access. The plans show that the applicant has extensive frontage on Sullivan Avenue which this Agency has determined are not within wetlands. This Agency in the application, 89-74P, Boat Works Marine Storage, denied --said application because there was a viable alternative to the plan. In your denial letter of November 14, 1989 you sited Troy Road to be a prudent and feasible alternative to Sullivan Avenue with respect to that property. Furthermore, you stated that the Agency does not approve of a gravel road crossing wetlands, which gravel road was to be used by heavy traffic. Inland Wetlands Agency January 22, 1990 Page 3 In the instant application, the proposed road will be an asphalt road and will serve as the conduit for unprecedented and substantial heavy truck traffic. The building alone that will service the distribution center will be 4.5 acres in size. The proposal includes 56 tractor trailer stalls. We submit that this proposed use will have a far greater impact on wetlands than that of Boat Works Marine Storage which was denied by this agency less than two months ago. On behalf of Mr. Woodcock, we request that the Agency retain the services of an independent soil scientist to corroborate Mr. Moeller's report as to whether or not the 1984 South Windsor Wetlands Map should be redesignated. The magnitude of the underlying project is such that the Agency should take every, precaution to insure that it is not taking an action that would lead to adverse and negative consequences for the wetland in question and the community as a whole. Very truly yours, John J. Woodcock, III JJW:dd a°w" a t. P c� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 Qf��soR•co AREA CODE 203/644-2511 January 23, 1990 Denise Conklin Hartford County Soil and Water Conservation District 1101 Kennedy Road Windsor, CT 06095 Dear Denise: Re: Application #89-105W - Services Development Corporation At the January 22, 1990 Public Hearing held by the South Windsor Inland Wetlands Agency/Conservation Commission, a request was made to forward the above noted plans and documentation to your office for your review and input. The Commission is requesting that the Soil Conservation Service investigate the site to corroborate Mr. Moeller's report. The report states there are .no wetland soils or wetlands on the property. The Commission currently has an action date of February 26, 1990 and would request any comments you may have prior to that date. If you should have any questions, please don't hesitate to contact John E. McCahill, Zoning/Wetlands Enforcement Officer, 644-2511 Ext. 253 . Very Truly Yours, E1 abeth Warren, Vice Chairperson Inland Wetlands Agency/ Conservation Commission EW/pmm Enclosure Tom.. ~ SACK,, PFC' TOR AND IBARRICTT ATTORNEYS AT .1,AW February 2, 1990 fir= a Lombard , chairman South Wifidsok`Cc n e r t�ran Sb x �ammissisn/Ir�l arzd Wetlands Agency South 'Windsor Town Hall Suit#vary Aenue Sout II Wib dsQr CT 96074 wetlaAds Applications services Dlevolopment Ccrr;aoratien r NO. 8'9-104P . NO. 89-10 rW Dear Mr. Lombardi A { A This aff ce represents John J. Woodcock . Jr. of south Windsor in association with Attorney John J. i�asadcc�k, ;1Z1 _ a$ We understand that application No. "-105W has been tabled p Ml' 4 J. receipt of comments from tie Soil and Canse at ion serV ice, e are not clear as to the stags of applioation o. -�!04F ;- Mr. Woodcock opposes bath applications. We would respectfully request the opportunity to present our views and perhaps opposing testimony before any decision i rendered �n x the applications. Kindly advise as to when we wiII be permitted to Submit �ur Y%ew and evidence. . s�in ,Light of the fact you will meet on Monday evening, and th.is. � . matter may be on your agenda in some form we will. call Tow�� sz�,,a f f ��II on Monday to determine whether we should. attend, Thank you. Ver'lp tr'ilY yours, Gerald . Sack j yy- fi�4 r �Wt� n Woodcock, T'j: towN sE� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 Q���soR•co�'� AREA CODE 203/644-2511 February 9, 1990 Mr. Richard L. Boston . - -Fuss & O'Neill, Inc. 146 Hartford Road Manchester, CT 06040 Dear Mr. Boston: Re: Application #89-105W Due to the fact that this application has been forwarded to the Soil Conservation Service to corroborate Mr. Moeller's report, the Inland Wetlands Agency/Conservation Commission is asking the applicant, for the agenda item referenced above, to request a 35 day extension of the time to act on the application. We have enclosed a standard form for your convenience. Please send us this request as soon as possible. We appreciate your cooperation Very truly yours, v' James A. Lombardi, Chairman r ' Date February 13, 1990 James A. Lombardi, Chairman Inland Wetlands Agency/Conservation Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Chairman Lombardi: Re: Application # 89-105W Name Roadway Package System/Hartford Distribution Center The applicant, Services Development Corporation , hereby requests a x x xx 35 day). extension of the action date with regard to the above-referenced application. Very truly yours, Services Development Corporation (Applicant) r by (Authorized represe ative) -- Richard L. Boston p Fuss &. O'Neill, Inc. 146 Hartford Road Manchester, CT.06040 �O FUSSMYNBLL Q consultingi engineers FEB 1.4 1990 South Windsor INLAND WETLANDS AGENGYJ CONSERVATION COMMISSION February 13, 1990 Mr. James A. Lombardi, Chairman Inland Wetlands Agency/Conservation Commission Town of South W4 ndsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Roadway Package System/Hartford Distribution Center Wetlands Application #89-105W Dear Chairman Lombardi: At the request of the Inland Wetlands Agency/Conservation Commission, please find attached the signed form for a 35-day time extension. Very truly yours, Richard L. Boston Project Manager /bmw Enclosures Corres. File 89-350 0213A90RB 146 HARTFORD ROAD / MANCHESTER, CONN. 06040 / TEL. (203) 646-2469, FAX. EXT. 307 SOLID WASTE MANAGEMENT•WASTE WATER SYSTEMS•EROSION CONTROL•WATER SYSTEMS•HYDROLOGY and DRAINAGE SYSTEMS•SITE PLANNING HIGHWAYS and BRIDGES•SURVEYING•LANDSCAPE ARCHITECTURE•TRANSPORTATION and TRAFFIC•PUBLIC WORKS MANAGEMENT•HYDROGE.OLOGY A F Town �s-auth `A 1 C V s wC; 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 SOR-CO AREA CODE 203/644-2511 February 22, 1990 MEMORANDUM TO: James A. Lombardi, Chairman, Inland Wetlands Agency/Conservation Commission FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer RE: Public Hearing held for Application #89-105W, Services Development Corporation Attached is a copy of the Legal Notice which was published for application #105W, Services Development Corporation. Also attached is a copy of Section 22a-42a of the Connecticut State Statutes . It is my opinion that the Legal Notice did not meet the requirements of the Statutes. The Statute for a map amendment reads, "the first not more than twenty-five days nor less than fifteen days, and the last not less than two days, before such . . . . . . " . The first notice was published Only eleven days prior to the Public Hearing. I would recommend that this be brought before the Commission and the application should be rescheduled for another Public Hearing. JEM/pmm r 0,0 rli�y. j k F Ll w! L 0 G✓��! C W�! C 7 r x �•v„ 7 s w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 R.CO - AREA CODE 20,3/644.2511 - TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, JANUARY 11, 1990 TO BE, PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, JANUARY 18, 1990 LEGAL NOTICE INLAND WETLANDS AGENCY/CONSERVATION COMMISSION TOWN OF SOUTH .WINDSOR Notice is hereby given that there will be a Public Hearing of the Inland Wetlands- Agency/Conservation Commission on Monday, January a 22, 1990 at 7 :00 P.M. in the Sprenkel Room of the South Windsor Town Hall, 1540 Sullivan Avenue, -:,outh;Windsor to consider the following: 1 . App1.#89-105W, Services Development Corporation, 1077 Gorge Blvd. , Akron, Ohio 44309 - Amendment to the Town of South: Windsor Inland Wetlands and Watercourses Map, (dated 1984;�) for property located on the northerly side of Sullivan Ave. and. easterly side of Kennedy Rd. , -I zone-. . James Lombardi, Chairman Inland Wetlands Agency/ Conservation Commission Town of South Windsor pmm A ,t , �es.<+N A r�C��,��;\��e�i•y��{ ,•`.�,�Sr, ` �y�g4�r F{�.��Ji f�ir',}{r,1�,�tr'��Y �'$�th•'�!eilr,.� itt t�.�``. + � is ,See. 2z A — yZA 7 STATE OF CONNECTICUT"' 183 j A determination (b) No regulations of an inland wetlands agency includin ndarof inland wetland ,e purposes of this and waterc ruo se areas s a ome effective or be established blic hearing In 4, $ t,as the case may re ation t ereto is held by the inland wetlands agency,at which parties in interest and citizens 5 b y. shall have an opportunity to be heard.Notice of the time and place of such hearing shall be 3 published in the form of a legal advertisement,appeanng in a news ving a substantial rd or commission circulation in t e munici alit at least at m ery s o not less than two da s the first not ties in the forma- more an twent -five days nor less than fifteen da s and the last ind watercourses before such hearing,an a co of sac ro sed re ulation o and shall be filed in the 'r ;ulate inland wet- o ice of the town,city or borough clerk as the case may be,in such municipality,for public inspection at least ten days before such hearing,and may be published in full in such paper. _ rt A copy of the notice and the proposed regulations or amendments thereto,except determina- 4 i ulations promul- tions of boundaries, shall be provided to the commissioner at least thirty-five days before or regulations in such hearing.Such regulations and inland wetland and watercourse boundaries may be from , gulations shall be time to time,amended,changed or repealed,by majority vote of the inland wetlands agency, j; after a public hearing,in relation thereto,is held b the inland wetlands agency, at which inclusive,and,a P g� y ive due consider- . parties in interest and citizens shall have an opportunity to be heard and for which notice shall be published in the manner specified in this subsection: Regulations or boundaries or changes therein shall become effective at such time as is fixed by the inland wetlands agen- 't` ling authority of a cy,provided a copy of such regulation,boundary or change shall be filed in the office of the J t the commissioner town,city or borough clerk,as the case may be.Whenever an inland wetland agency makes s 1}¢ ioner prior to the a change in regulations or boundaries it shall state upon its records the reason why the change rt 1 lity. was made and shall provide a copy of such regulation,boundary or change to the commis- sioner of environmental protection no later than ten days after its adoption provided failure to submit such regulation,boundary or change shall not impair the validity of such regulation, ; I ions,specieed that ordi- boundary or change.All petitions submitted in writing and in a form prescribed by the inland , in Subsec.(c)and added dity does not exercise its wetland agency,requesting a change in the regulations or the boundaries of inland wetland 1TiA in hearing or decision in and watercourse area shall be considered at a public hearing in the manner provided for cases under Subsec.(c); establishment of inland wetlands regulations and boundaries within ninety days after receipt ads,amended Subsec.(c) �\r Subsec.(d)to authorize of such petition.The inland wetland agency shall act upon the changes requested in such _Sr d located,deleted former : petition within sixty days after the hearing.The petitioner may consent to extension of the °vtso re commissioner's periods provided for in hearing and for adoption or denial or may withdraw such petition. 10,551,552.The inland ` 'rhe inland Wetlands and (c) On and after the effective date of the municipal regulations promulgated pursuant to y{ \ subsection(b)of this section,no regulated activity shall be conducted upon any inland wet- ,rsea act cited.lrcn a7- land and watercourse without a permit. Any person proposing to conduct or cause to be conducted a regulated activity upon an inland wetland and watercourse shall file an applica = tion with the inland wetlands agency of the town or towns wherein the wetland in question is t;. r located.The application shall be in such form and contain such information as the inland 2 t r a' wetlands agency may prescribe.The day of receipt of an application shall be the day of the sst. -next regularly scheduled meeting of such inland wetlands agency,immediately following 1 the day of submission to such inland wetlands agency or its agent of such application,pro- �e d vided such meeting is no earlier than three business days after receipt,or thirty-five days after such submission,whichever is sooner.No later than sixty-five days after the receipt of such application,the inland wetlands agency may hold a public hearing on such application. i N N ice of the hearin shall be published at least twice at inte als of not less than two days, option of regale- the first not more than 1 teen ays and not fewer than ten days,and the las of less than tw_o 0" in section 22a-42 °- da s before the date set or a caring in a news a r avm a eneral circulation in each } Ties of inland wet-: town where the affected wetland an watercourse,or an art thereof is locatedy pA as pli- e established and cations and maps an ocuments re atmg t ereto sha 1 be open for public inspection.At such tted activities,(3) hearing any person or persons may appear and be heard. The hearing shall be completed s review of applica- within forty-five days of its commencement.Action shall be taken on applications within �r'i µ p} thirty-five days after the completion of a public hearing or in the absence of a public hearing z, / y • �Jc�, � r� _ CIVIL (except taindy cji icons) — �� SUPERfuli LOUR i -x , t,r_OF r1-1L FULL..�VIrt._, I JD-CV-1 Rev. 1.87 Amount, legal inteiest of prop-.' 'FFJ STAT 51-'3:6. S1 :347, ri1-349, 51.36U, •i2-4ria. MAR G 1990 I trly in demand. CXCIusive of in'' n. 1�V'If� J':2 48, 52-2f,!) tefest and Costs is PR 13K. 49, 63,66 INSTRUCTIONS 44 ,1, \ i , �.tPrepare on typewriter*sign original s✓mmons(top sheet)and conform C� 's(ghee s 'end 7 b. ❑ $2.500 through $14.999.99 2. rf there is more than one defendant, prepare or photocopy conformed summon El less than $2,500 a i r{ � 3. Attacn the original summons, with computer sheet attached (page 2), to the original c t h a copy of the C. L11 $15,000 or more i summons to each copy of the complaint.Also.if there are more than 2 plaintiffs or 4 defendants prepare form JD-CV-2 and attach ,I I it to the original and all copies of the complaint. I d. I�t Claiming other relief in addl- 4. After service has been made by officer, file original papers and officer's return with the clerk of the court. 5. The party recognized to pay costs must appear personally before the authority taking the recogni2ance. tion to or in lieu of money 6. Do not use this form for actions in which an attachment, garnishment or replevy is being sought. See Practice Book Section 49 damages. for other exceptions. TO:Any proper officer; BY AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby commanded to make due and legal service of this Summons and attached Complaint. JUDICIAL DISTRICT OR G.A.NO. - AT(Town in which wnt is retutnatile)(Gen.Star.51.346.51.349) RETURN DATE(Mo..oay.yf.) HARTFORD/NEW BRITAIN HARTFORD APRIL 3, 1990 ADORES$OF CLERK OF COURT WHERE WRIT AND OTHER PAPERS SHALL BE FILED(Gen.Star.51347.51-350) CASE TYPE(From Judicial Dept.cooe,ds0 90 WASHINGTON STREET, HARTFORD, CT 06106 Major M Minor 50 PARTIES NOTE: Individual's Names: NAME AND ADDRESS OF EACH PARTY Form JD-CV-2 Last, First, Middle Initial ® attached I FIRST NAMED 34 Woodcock Lane PLAINTIFF ► OODCOCK,- JOHN J. JR. Additional T 06074 Plaintiff FIRST NAMED OWN OF SOUTH WINDSOR INLAND WETLANDS AGENCY/ 60 Woodland Drive DEFENDANT ► ONSERVATION COMMISSION c/o JAMES A. LOMBARDI CHAIRMAN South Windsor, CT0607 Additional URGER, MARILYN, TOWN CLERK 1540 Sullivan Avenue Defendant OWN OF SOUTH WINDSOR South Windsor, CT 06074 EAddilional ERVICES DEVELOPMENT CORPORATION c/o CONNECTICUT SECRETARY OF STATE, 1077 GORGE BLVD AYRON OH 44309 30 TrinityStreet Hartford, CT 06106 CARGTHERS, LESLIE, COMMISSIONER Room 113, 165 Capitol Avenue PROTECTION Hartford CT 06106 NOTICE to each DEFENDANT 1. You are being sued. 6. The "Appearance" form may be obtained at the above Court 2. This paper is a Summons in a lawsuit. address. 3. The Complaint attached to these papers states the claims that each Plaintiff is making against you in this lawsuit. 7. If you believe that you have insurance that may cover the claim 4. To respond to this summons,or to be informed of further proceed- that is being made against you in this lawsuit, you should ings,you or your attorney must file a form called an "Appearance" immediately take the Summons and Complaint to your in- with the Clerk of the above named Court at the above Court surance representative. address on or before the second day after the above Return Date. 8. If you have questions about the Summons and Complaint, you 5. If you or your attorney do not file a written "Appearanc " for should consult an attorney promptly. The Clerk of Court is on time, a judgment may be entered • st you by de ult. not permitted to give advice on legal questions. DATE SIG D(sign a X oiler box) TYPE IN NAME OF PERSON SIGNING AT LEFT March 2, 1990 C &r of Superior Court Assistant Clerk John J. Woodcock, III FOR THE PLAINTIFF S ENTER T ARA E 0 : NAME AND ADDRESS OF ATTORNEY;LAW FIRM OR PLAT IFF IF P 0 SE 395 Buckland Road, P.O. BOX TELEPHONE NO. JURIS N0 Of arty.or taw firm) W dco k III 684 South Windsor CT 0607.4 644-2431 68820 NAME AND ADDRESS OF PERSON RECOGNI TO PR•SECUTE IN THE AM UNT OF$250 SIGNATURE OF PLAINTIFF IF PRO SE N0.PLFS. •N0.DEFS. N0.CNTS. SI N (Official tan eco dance;•.XS , fford S rin s CT 06076 1 5 1 mmissioner of Superior Court For Court use ❑ Assistant Clerk RECEIPT NO. ❑ No IF THIS SUMMONS IS SIGN D by a LERK: Fee FILE DATE a. The signing has been do a so that the Plain- advice in connection with any lawsuit. tiff(s)will not be denied access to the courts. b. It is the responsibility of the Plaintiff(s) to d. The Clerk signing this Summons at the re quest of the Plaintiff(s) is not responsible E see that service is made in the manner pro in any way for any errors or omissions in �� jpEtERKOS D IWO vided by law. the Summons, any allegations contained in c. The Clerk is not permitted to give any legal the Complaint, or the service thereof. I hereby certify I have read SIGNED(Pro se plaintiff) DATE SIGNED DOCKET NO. and understand the above: C.,AIGiNAL SUMMONS. Civil w , GVIE SWfss ONO CONTINUATION OF PARTIES JD-CV-2 NEW 9-76 FIRST NAMED PLAINTIFF (Lost,First,Middle initial) WOODCOCK, JOHN J. JR. FIRST NAMED DEFENDANT (Lost,first,Middle initial) TOWN OF SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION NOTE: lndividual's names:Lost,first,Middle initial Additional PLAINTIFFS(Name and address of each) NOTE: Individual's names:Lost,First,Middle initial Additional DEFENDANTS (Name and address of each) CHARBONNEAU, ANDRE L. 311 Felt Road South Windsor, CT 06074 For Court Use FILE DATE - DOCKET NO. CIVIL SUMMONS, CLvnt;nuj)i&^ f jRETURN DATE: APRIL 3, 1990 : SUPERIOR COURT JOHN J. WOODCOCK, JR. : J.D. OF RMUFORD/NEW BRITAIN at HARTFORD VS. INLAND WM7ArIDS AGENCY/CONSERVATION : MARCH 2, 1990 COMMISSION OF THE TOWN OF SOUTH WINDSOR, SERVICES DEVELOPMENT ODRPORATION AND ANDRE L. CHARBONNEAU COM_ EWNT 1. The plaintiff is the owner of a tract of land in the Town of South Windsor located on the northerly side of Sullivan Avenue, which abuts a tract proposed for development by the defendant, Services Developnent Corporation, an Ohio corporation. 2. The defendant is the Inland Wetlands Agency/Conservation Commission of the Town of South Windsor and is empowered to regulate Vinland wetlands and watercourses within the Town of South Windsor pursuant to Connecticut General Statutes Section 22a-36 et sea„ and the Town of , South Windsor Inland Wetlands, Watercourses and Conservation Regulations. 3. Prior to November 6, 1989, the defendant, Services Development Corporation, an Ohio corporation, filed application no. 89-79P with the i defendant Commission pursuant to Conn. Gen. Stat. Section 22a-42a JOHN J.WOODCOCK III ATTORNEY AT LAW 398 BUCKLANO ROAD P.O. BOX 664 I SOUTH WINDSOR. CT 06074 f+ JURIS NUMBER 1 - 88820 (203) 644.2431 � I 1� I i, i I i 1 i 1 2 - requesting redesignation of wetlands of a portion of the premises proposed for development. 4. The defendant, Andre L. Charbonneau is the owner of the premises proposed for development. 5. A public hearing regarding the Services Development Corporation application was held on November 13, 1989. 6. Notice of this public hearing was defective in that the published notices of the hearing failed to comply with the requirements of Conn. fGen. Stat. Section 22a-42a (b) and the defendant's Commission's regulations. } 7. The Inland Wetlands Agency/Conservation Commission took action upon the application on December 11, 1989 by approving same. 8. Notice of said approval was published in the Journal Inquirer on December 19, 1989. 9. Any action taken by . defendant Inland Wetlands Agency/ Conservation Commision on the application no. 89-79P is null and void for want of jurisdiction. JOHN J.WOODCOCK 111 ATTORNEY AT LAW ;t 393 SUCKLAND ROAD �• P.O. BOX 684 SOUTH WINDSOR. CT 06074 JURIS NUMBER 68820 Ii 1 (203) 644.2431 i 1 , �1 WHEREFORE, the plaintiff claims: 1. A judgment declaring that the action of the Inland Wetlands Agency/Conservation Commision on application no. 89-79P is null and void for want of jurisdiction; 2. An injunction preventing the defendant Commission from issuing permits, taking any further action or otherwise permitting or facilitating enforcement of the decision by the Commission on application no. 89-79P. 3. Such other relief as may be equitable. Dated this 2nd day of March, 1990 at South Windsor, Connecticut. PLAINTIFF, JOHN J. , JR. ohn J Woodcock, III His Attorney 395 Buckland Road P.O. Box 684 South Windsor, CT 06074 Juris No. 68820 Telephone No. (203) 644-2431 JOHN J.WOODCOCK I11 ATTORNEY AT LAW 395 BUCKLAND ROAD P.O. BOX 664 ar15B+ SOUTH WINGSO R. CT 06074 JURIS NUMBER 66620 (203) 644.2431 ' I 4fw� United States Soil Department of Conservation 627 River St. Agriculture Service Windsor CT 06095 Phone: 688-7725 RPSjVK( March 20, 1990 NAAR 42 -Iqc , Sauith .Windsor INLAND WETLANDS AGENCY( SOILS - On-site investigation of Roadway Services, Inc. property.caNsERvATUUN_CofUIMISSl13N TO: Mr. Stephen E. Cote Acting District Conservationist USDA-SCS 627 River St Windsor CT 06095 Dear Steve: On March 19, 1990 I performed an on-site investigation of the soils on the 1.18 acre Roadway Services, Inc. property off Kennedy Road in the Town of South Windsor. I was requested by the Town Inland Wetlands Agency to review the finding of Henry T. Moeller, Soil Scientist; that there were no wetlands on the parcel. A large portion of the site consists of Urban Land; norrsoil areas covered with a building and parking lot. Areas of soil (south of the building) on the 1.18 acre site were exairdned with spade and auger and found to be dominately moderately well drained. Thus I agree with Mr. Moeller's report dated Decenber 7, 1989; there are no inland wetland soils or watercourses on this small parcel. Sincerely, Ripen J. Kolesinskas Soil Scientist CC: Hartford County SWCD Mr. John E. McCahill South Windsor Wetlands Enforcement Officer O The Soil Conservation Service Vis an agency of the Department of Agriculture ` RICHARD M. RITTENBAND ATTORNEY AT LAW 17 5 0 T?3*-ELLINGTON ROAD /her. I Fi r q 90 SOUTH WINDSOR.CONNEC TICUT 00074 19/W (203)644.2450 May 18 , 1990 Inland/Wetlands Agency Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Application #89-105W Dear members and alternates : On May 14, 1990, you asked me for a legal opinion conceraing the above application in light of the legal i:.•,:ues raised by Attorney John J. Woodcock, III in Iiis Memorandum of that date. I have reviewed that Memorandum as well as letters submitted to me yesterday by him and the attorneys for the applicant . Additionally., I have done my own- research, analysis and review of the file and applicable uo—iments and records . Based upon the foregoing, my opinion is as follows : 1. Section. 9. 2 of the Regulations, which refers to perwit applications, is not applicable. Further , it is superce.ded by the provisions of Section 22A - 42A (b) of the General Statutes as amended by Public Act. 89-356, hereinafter "22A - 42A(b)" . Section 22A - 42A(c) as amended is hereinafter "22A - 42A(c)". 2. There is no requirement that the Inland/Wetlands Agency, hereinafter ,"Agency10 , grant requests for extension of time . The statute merely provides for "consent by the applicant" to such extensions. 3 . There is no requirement to notify the DEP of the public hearing and proposed .boundary changes. Section 22A - 4"A(b) specifically exempts determination of boundaries from such a requirement . 4. A reporting form was provided .in accordance with the general statutes. The major issue , therefore , is whether the public hearing held on May 14, 1990 was legally proper and whether the Agency still has. time to act upon the application. To determine that , thie following. determinations are pertinent : May 18 , 1990 page 2 1. This is a petition for a boundary change , not an application for a permit . Therefore , Section 22A - 42A(b) is applicable and not Section 22A - 42A(c) . 2 . Section 22A - 42A(b) provides , in pertinent part , that "All petitions. . . shall be considered at a public hearing . . . . within ninety days after receipt of such petition" . The petition in this case was actually received by the Agency on December 15, 1989. Therefore , the commencement of the ninety day time period was December 15 , 1989 and the expiration thereof was March 15 , 1990. I am well aware of the contention that the day aof receipt is the date of the first regular meeting of the Agency following actual submission of an application to the Agency, which regular . meeting in this case was January 8 , 1990, and that such definition of receipt is set forth in Section 22A - 42A(c) of the General Statutes which pertains to permit applications and is also set forth in various zoning statutes . That it. is so defined in other statutes and not in the .one applicable here (Sec . 22A - 42A(b) ) is precisely the reason such definition does not apply . in this case . Under basic rules of statutory construction and interpretation, the Legislature is presumed to be aware of all other statutes when it adopts or amends one , ' and when it includes certain provisions in some statutes and does not include them in other statutes , it is presumed that the Legislature intended not to include them in the latter. Since the definition in Sec . 22A - 42A(c) does not appear in Sec. 22A - 42A(b) , it is presumed not to be applicable to Sec . 22A - . 42A(b)•. The Legislature had an opportunity to include it in that statute and chose not to do SO. Therefore , receipt has its ordinary meaning thereL.n , . namely on the actual date of receipt . 3 . Sec. 22A - 42A(b) further provides in pertinent part that "The petitioner may c-onsent to one or more extensions of the periods specified . . . . provided the total extension of any such period shall not be for longer than the original period. . " . This means that the petitioner may consent to extensions of the time for holding the public hearing a total of ninety days . As stated above , it is the consent of the petitioner . The Agency does not have to request it or grant it . The petitioner did file an extension letter on. February 13 , 1990 for a 35 day extension. However , this was for the period in which the Agency is to take action and not for the time period for a public hearing to be held. More importantly, at the Agency meeting of April 16 , i990, the petitioner' s attorney, David Losee , did give a verbal consent to an extension of time as allowed by statute. This consent was given in connection with the public hearing on the subject appli- cation and "as allowed by statute" has to mein a- ninety day extension which, if valid, would have extended. the time for a . May 18 , '1990 page 3 public hearing ' to June 13 , 1990. The .questions , then, are whether the consent could be given verbally rather than in ''writing and whether the consent could be given after the expiration of the original nine-ty day period . As to those questions : (a) The statute -does not require the consent to be in : writing . If the Legislature had intended such a requirement , it could have provided for it , and it d'id not . I am not persuaded by the argument that because prior consents relative to this and other applications were in writing, the petitioner was bound to give this consent in writing. Accordingly, I believe the verbal consent to be s,ifficient . (b) There is no requirement in the statute as to when the consent. must be given. Again , the Legislature had an opportun ity to say that the consent for an extension must be given within the original time period and did not so state . The only practical restriction is that' it must be given prior to the expiration of the extension period , i .e . , within the 90 day extension period ; otherwise , the extension would be . meaningless . I am well aware that the Planning and Zoning Commission has a practice of requiring the consent to extension to be given within the original time period for action . However , not only is this Agency not. bound by what P & Z does , but there is a special reason for the P & Z requirement . If the consent is not given within the original time period and the Commission does not act within that time period , there is automatic approval of the P & Z application . Such automatic approval is specifically prohibited in the applicable Inland/ Wetlands statute. The P & Z risks automatic approval and the Agency does not . I am not persuaded that the Agency loses jurisdiction of the application when the first ninety days expires and no public hearing has been held and no consent to extension has been granted nor do I believe that at such time the application becomes null and void. My reasons are : 1) The statute provides that at such expiration of ninety days, the Agency' s power to hold •a public hearing terminates except that the applicant , by consent to extension , can restore that power to the Agency. 2) The statute does not say that if a public hearing is not held within ninety days without a consent to extension the 4pplication becomes null -and void. The Legislature had an opportunity to insert such a provision and chose not to do so. It has done so in other situations. Section 8-3 (1) and (j ) of the General Statutes provides for 'automatic expir- ation of approval of a site plan if the work is not completed May 18 , 1990 page 4' in five years; Sec . 8-25 of the General Statutes provides that any subdivision plan not filed with the Town Clerk within the prescribed time "shall become null and void" and Sec. 8-26g (b) provides for "automatic expiration of approval" of a subdivision plan for failure to complete all work within ten vears . 3) The ninety day ti,.- limit to hold a public hearing was enacted for the benefit of the applicant to ensure that the Agency acts promptly on the application. Jo then inter- pret that the expiration of the ninety day period without a hearing makes the application null and void , as ha*s been contended, would harm the applicant unjustly, particularly if the delay is not his fault ,, :and be contrary to the intent that the ninety day time limit benefit the applicant . There are other arguments that have been raised by both sides as well as other aspects of the overall issue which I have con- sidered but which do not merit being addressed in detail. Suffice it to say that they are either not persuasive or are not pertinent to the conclusion I have reached. Based upon the foregoing it is my opinion that the public hearing of May 14 , 1990 was legally held within the time limits permitted by law. Section 22A - 42A(b) of the General Statutes permits the Agency to act within sixty days of the public hearing , in this case within sixty days following May 14 , 1990. Accordingly, the Agency is legally entitled to act upon applica- tion #89-105W this evening . Very truly ours , Richard M. Rittenband Town Attorney RMR: ds O FUSS&O'NEILL consulting engineers May 8, 1990 Ms. Marcia A. Banach Director of Planning Planning. & Zoning commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Services Development Corporation Planning & Zoning Application#90-34P Inland Wetlands Agency Applicatio 9-105 Inland Wetlands Agency Application #89-1 4P CORRECTION TO APPLICATIONS Dear Marcia: At Michelle Lipe' s request, we are herewith clarifying the Tax Assessor' s parcel numbers for the land to be used for the Roadway Package Systems, Inc. Distribution Center being developed by Services Development Corporation. The land parcels within the 39.10 acre development as defined by the Tax Assessor' s office are as follows: Old New Tax Assessor' s Tax Assessor' s Parcel Number Parcel Number ( 63-22) (122-10) (63-21) ( 122-9 ) (73-1 ) (110-6) (73-2) (110-7) (73-15 ) (110-8) (73-4) partial ( 110-10) partial The key map, Sheet SC-1 will be revised to reflect such numbers as well as minor changes to adjacent property parcel numbers. All will be kept in the old Tax Assessor' s parcel number format. Please find three (3) revised bluelines attached with the above _ corrections for each application. Corres. File 89-350 0508B90RB 146 HARTFORD ROAD / MANCHESTER, CONN. 06040 / TEL. (203) 646-2469, FAX. EXT. 307 SOLID WASTE MANAGEMENT•WASTE WATER SYSTEMS•EROSION CONTROL•WATER SYSTEMS•HYDROLOGY and DRAINAGE SYSTEMS•SITE PLANNING HIGHWAYS and BRIDGES+SURVEYING•LANDSCAPE ARCHITECTURE•TRANSPORTATION and TRAFFIC•PUBLIC WORKS MANAGEMENT•HYDROGEOLOGY FUSS&O'NSLL Ms. Marcia A. Banach May 8, 1990 Page 2 If any further clarifications are required, please notify us at once. Very truly yours, L v4p- Richard L. Boston Project Manager /bmw Attachment Corres. File 89-350 0508B90RB FUSSMYNEILL consulting engineers May 14, 1990 Mr. James A. Lombardi, Chairman Inland Wetlands Agency/Conservation Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Inland Wetland Application #89-105W Services Development Corporation Sullivan Avenue, South Windsor, Connecticut Fuss & O'Neill, Inc. Project No. 89-350 Dear Mr. Lombardi: Please enter the following information into record for the Inland Wetlands Application Number 89-105W for Services Development Corporation: 1. Soils on-site investigation for Roadway Services, Inc. by USDA-SCS, dated March 20, 1990. This information was submitted to the Wetland Agency by USDA-SCS, on the above data. Respectfu(l}ly submitted, VP) Richard L. Boston Project Manager /bmw Corres. File 89-350 0412C90RB 146 HARTFORD ROAD / MANCHESTER, CONN. 06040 / TEL. (203) 646-2469, FAX. EXT. 307 SOLID WASTE MANAGEMENT•WASTE WATER SYSTEMS•EROSION CONTROL•WATER SYSTEMS•HYDROLOGY and DRAINAGE SYSTEMS•SITE PLANNING HIGHWAYS and BRIDGES 9 SURVEYING•LANDSCAPE ARCHITECTURE•TRANSPORTATION and TRAFFIC•PUBLIC WORKS MANAGEMENT•HYDROGEOLOGY LAW OFFICES JOHN J. WOODCOCK III MAY 14 IM 395 BUCKLAND ROAD P. O. BOX 684 h WE ' _ JOHN J.WOODCOCK III >- SOUTH WINDSOR, CONNECTICUT 06074 ��KLA�ND WETyLA, A ammessm LSO ADMITTED IN MASSACHUSETTS W.EJf:{t'7FlRJiY TELEPHONE (203)644-2431 MEMORANDUM TO: Town of South Windsor Inland Wetlands Agency/Conservation Commission FROM: John J. Woodcock, III RE: Application # 89-105W Services Development Corporation DATE: May 14, 1990 This memorandum will address the legal and procedural defects which prevent the South Windsor Inland Wetlands Agency / Conservation Commission from lawfully proceeding on this matter. Many of the deficiencies and defects that are addressed in this memorandum also address a previously held public hearing on 89-79 which is now the subject of a Superior Court appeal. In approving 89-79, the Commission based great reliance on a verbal opinion from Town Attorney Richard M. Rittenband relative to the legal soundness of adjudicating 89-79. The Commission's minutes and the official record of 89-79P indicate that Attorney Rittenband's opinion was focused on the legality of the Commission revoking a prior approval and then resurrecting the original application. The defects and violations , that will be discussed below were never presented to Attorney Rittenband by the Commission for his consideration with respect to 89-79P. Therefore, the Commission should distinguish between Attorney Rittenband's previous ruling which addresses none of the hereinafter discussed illegalities dealing with the instant application 89-105W. Violations of State Statutes and South Windsor Inland Wetlands Agency ations 1. Connecticut General Statutes 22A-42A (b) provides that the Commission shall hold a public hearing within 90 days after receipt of the application. This application was received by the Commission on January 8, 1990. It was been 126 days. 2. The Commission failed to act on said application within the prescribed statutory time period as provided for in Connecticut General Statutes 22,A 42A (b) . z 3. The Commission failed to hold a public hearing in accordance with its regulation requirements as provided for in Section 9.2 of the South Windsor inland Wetlands Watercourses and Conservation Regulations. Section 9.2 provides that a public hearing shall be held within 65 days after receipt of the application. This application was received on January 8, 1990. It is now 126 days. 4. The Commission has failed to act on said application in accordance with its regulation requirements as provided for in Section 9.2 of the South Windsor Inland Wetlands Watercourses and Conservation Regulations. Said regulations provide that action shall be taken on applications within 35 days after the completion of a public hearing or in the absence of a public hearing, within 65 days from the date of receipt of application. 5. The Commission has no legal authority either under State Statute or its regulations to take further action on this application. On February 13, 1990 Fuss & O'Neil, the representatives of the applicant, filed -a 35-day extension with the Commission concerning the action date on this application, see Fuss & O'Neil Extension Letter dated February 13, 1990 attached hereto. The Commission on its January 16, 1990 agenda had indicated that this application's action date was February 26, 1990. Fuss & O'Neil's letter of February 13, 1990 served to extend the February 26, 1990 action date to April 2, 1990. It is our position that is the last date the Commission could take action under the proposed extension. 6. The Commission failed to grant Fuss & O'Neil's request for an extension dated February 13, 1990. The minutes of the Commission and the record do not reflect the Commission taking any action of any kind with respect to granting said extension. 7. The Commission has failed to notify the Department of Environmental Protection of this public hearing as provided for in its regulations. 8. The Commission lacks legal authority to deliberate and act on this application due to the Commission's regulations not conforming with State Statute and the regulations of the Department of Environmental Protection. 9. The Commission failed to provide as required in Connecticut General Statutes 22A-39, a reporting form during the application process so as to provide the Commissioner of the Department of Environmental Protection with information necessary to properly monitor the inventory of the State wetlands as provided for in said statute, The foregoing violations impair the Commission's legal ability to take further action on 89-105W.. { r On April 16, 1990 the Commission was put on notice. by John J. Woodcock, Jr. that its continuing illegal actions and procedures would violate Mr "-Woodcock's rights. At that hearing, Commissioner Holcombe, in response to his question, was told of a specific regulation that was being violated. Thereafter, the Commission did not discuss the violation or question- its ability to take further action. Tonight, this memorandum will serve as a formal presentation to you of the many violations that are present with respect to this pending application. In the event that you choose to ignore this memorandum and approve this application, it will be our position that you have acted willfully in violation of my client's rights and contrary to State Statute and your own regulations. It is my client's position that this memorandum and the questions that are raised in same should be referred to Attorney Richard M. Rittenband for his written response. To act in absence of the Town Attorney's advice and input would be a most precarious course of action for the Commission to take. l 4 Y 9� 4Y Date February 13, 1990 :.9 James A. Lombardi, Chairman Inland Wetlands Agency/Conservation Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 _ Dear Chairman Lombardi: Re: Application # 89-105W Name Roadway Package System/Hartford Distribution Center The applicant, Services Development Corporation hereby requests a UME C 35 day). extension of the action date with regard to the above-referenced application. Very truly yours, Services Development Corporation xY (Applic__zt) (Authorized represe ative) . Richard L. Boston Pmm _. Fuss & O'Neill, Inc. 146 Rartford Road Manchester, Cr.06040 LAW OFFICES JOH N J. WOODCOCK JII 395 BUCKLAND ROAD P. O. BOX 684 JOHN J.WOODCOCK III* SOUTH WINDSOR, CONNECTICUT 06074 *A.4SO ADMITTED IN MASSACHU5ETT5 TELEPHONE (203)644-2431 May 17, 1990 HAIR DELIVERED R;=A IV, MAY 21 1W Mr, Richard M. Rittenband, Esq. South Windsor 1734 Ellington Road INLAND WETLANDS AGENCY/ CONSERVATION COMMISSION South Windsor, Cr 06074 RE: Application 89-105W Services Development Corporation Dear Attorney Rittenband: This letter is a response to your request of May 14, 1990, made at a South Windsor Inland Wetlands Agency / Conservation Commission meeting, that I provide you with input concerning the legality of the Inland Wetlands Commission holding a public hearing on that date relative to the above-captioned matter. What led to your request and involvement in this matter was my memorandum of even date that I submitted to the Commission outlining various violations of State Statutes and South Windsor Inland Wetlands Agency Regulations. It is my understanding that you are going to narrow your opinion to the jurisdictional issue regarding the validity of Attorney David Losee's verbal request for an extension which was made at the April 16, 1990 meeting. To refresh your recollection, the South Windsor Inland Wetlands Commission advertised a public hearing on 89-105W for that night. At the public hearing, I brought to the Commission's attention that there was a defect in the legal notice and after some discussion, you concurred and advised your client, the Commission, to hold a public hearing on May 14, 1990, which they did. The minutes and tapes of the April 16, 1990 meeting indicate that Attorney Losee made a verbal consent on behalf of his client, Services Development Corporation, for an extension with respect to y the holding of the May 14, 1990 public hearing. It is our position that the Inland Wetlands Commission is without c jurisdiction to hold the May 14, 1990 public hearing due to its not being j held within 90 days as required by Connecticut General Statutes 22A-42A + (b) , That statute further provides that the petitioner may consent to an Attorney Richard M. Rittenband May 17, 1990 Page 2 extension "for the holding of the hearing and for action on such petition, provided that the total extension of any such period shall not be for longer than the original period as specified in this subsection, or may withdraw such petition". We base our opinion on the following: 1. Attorney. Losee's verbal request for an extension on April 16, 1990 was invalid and of no effect in that it was made after the original 90-day period had run. Our research indicates that the subject application was received by the Town of South Windsor on December 15, 1989, which is the date under the Statute that commences the 90-day period. Therefore, the 90 days ran on March 14, 1990. An attempt to extend or consent to an extension was made 33 days after the period sought to be extended had run. Black's Law Dictionary defines extension as "a part constituting an addition or enlargement" and makes reference to a Missouri Case, State vs. Graves 352 Missouri 702, 182 Southwest 2nd 46 which provides that the word "extension" implies the existence of something to be extended. . With the 90-day period having run as of March 14, 1990, there was nothing there to extend on April 16, 1990 when Attorney Losee attempted to verbally do same. By analogy, I refer you to the Connecticut Practice Book and Federal Rules of Civil Procedure regarding motions to extend. They provide that motions to extend, to be timely, must be presented to the Court within the procedural time frame that is sought to be extended. You are very familiar with the appellate rules and know that one has to file a motion to extend before the requested period runs, i.e. filing of briefs, etc. To hold that one could consent to an extension retroactively under 22A-42A (b) would be contrary to logic, common sense, and the rationale in our civil rules of procedure. 2. I have reviewed the minutes and record of the Services Development Corporation applications pending now or formerly before the South Windsor Inland Wetlands Commission regarding their conduct on the extension issue. I submit that they were fully aware of the need to file for an extension within what they perceived to be the period to be extended. Also, it is very clear that with the exception of April 16, 1990, that they relied on written requests for extensions in every case. I will go through their three applications, one by one: A. In 89-105W which is the instant matter, they moved for an extension on February 13, 1990 through a request submitted by Richard L. Boston, their authorized representative. The request was for a 35-day extension of the action date. It was not a request for an extension for the public hearing. To look at this in the most favorable light for Services Development Corporation, the matter would be extended 125 days from December 15, 1989. That date would be April 18, 1990. In 'that this .application is still pending, they `i are presently 30 days beyond the 125-day period. That is yet another reason why this entire matter is in violation of the law. Attorney Richard M. Rittenband May 17, 1990 Page 3 Putting that aside for the time being, I want to direct your attention to Attorney David Losee's letter of April 23, 1990 to you concerning his outline to you regarding the position of Services Development Corporation and applications 89-79P, 89-105W and 89-104P. In his letter to you of that date, he relies on Fuss & O'Neil's, consent to an extension as the legal basis for the- Commission retaining jurisdiction. He did not make a claim at that time that he had requested a verbal extension on April 16, 1990, but was resting his claim and position on the earlier tendered Fuss & O'Neil letter of February 13, 1990. We do not feel that Services Development Corporation can have it both ways. There should only be one set of rules. B. With respect to 89-79P, Attorney Losee on March 19, 1990 in a letter to the Inland Wetlands Commission authorized an extension of time beyond that specified in the Statute for consideration of a boundary delineation. Again, this consent to an extension was in writing and came 60 days after the 90-day public hearing requirement had run. In my client's appeal against the Town, this is one of the grounds that we are relying on, namely that the Commission did not have jurisdiction to approve this due to the public hearing requirement having been violated. C. In the last application pending before the Inland Wetlands Commission, 89-104P, Services Development Corporation again in writing, consents to an extension. They did this by letter of March 13, 1990 from Richard L. Boston to James A. Lombardi, Chairman of the Inland Wetlands Commission. It is no coincidence that this request for an extension was received by the Inland Wetlands - Commission on the 65th day after the application was received. This clearly shows their understanding of how the procedure worked, not to mention the law's requirements. As I stated above, Services Development Corporation cannot have it both ways. They have handled all extension matters in writing throughout their history with your client. In the last instance, they filed their request for an extension on the last day of the period to be extended. 3. It is my client's position that the Commission must take an affirmative act to show that. there has been "a meeting of the minds" regarding an extension. That is, there must be a vote from the Commission granting an extension, correspondence between the extendor and extendee, or some other affirmative act that appears in the record to show that this did indeed occur. I refer you to the practice of the Planning and Zoning Commission which requires that•• all extensions be put to vote and recorded in their minutes. To allow an applicant to unilaterally, retroactively, and verbally extend an application, would lend itself to potential abuse, fraud, and chicanery. I am sure that you will agree that that is not the way to do the Town's business. Attorney Richard M. Rittenband May 17, 1990 Page 4 4. I direct you to the last phrase in 22A-42A (b) that provides "or may withdraw such petition". The legislative history may be helpful as to what the intent was with that phrase. My interpretation of same is that if the consent to extension is not made within the proper time frame, namely when the period to be extended is running, then the applicant's other option is to withdraw. As you know, we have maintained for months now that the various illegal public hearings have created a situation where the only safe and prudent course of action, not to mention legal one, was to withdraw and refile. We have through presentations before the Commission, correspondence and telephone conferences repeatedly made that argument. Ironically, the procedural dark clouds that hover over these applications arise from Services Development Corporation's refusal to consider that course of action. It is my client's position that the other listed violations in my memorandum of May 14, 1990 affect the legality of the May 14, 1990 public hearing and the Commission's ability to legally act on application 89-105W. In particular, I refer you to Item No. 8 on Page 2 concerning the .Commission's inability to deliberate and act due to their regulations not being in conformance with State Statute and the Regulations of the Department of Environmental Protection. I also maintain that the Commission violated its own regulations by failing to hold a public hearing in accordance with the regulation requirements. I look forward to your Solomonic disposition of this weighty matter. Thank you for your courtesy. With best regards, I am V,oq truly yours, John Woodcock, III JJW:dd ccw,,<uth Windsor Inland Wetlands Agency John J. Woodcock., Jr. j i i �tOpN 8 F4,( O O G U 4 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 rN�sOR-C AREA CODE 203/644-2511 May 17, 1990 MEMORANDUM TO: James A. Lombardi, Chairman, IWA/CC FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer RE: Map Amendments The following are suggested standard approval conditions for application for map amendments: 1. Two blueprint copies of the entire set of plans and a complete set of mylars, with this letter reproduced thereon, must be submitted to this Commission within 65 days of approval. 2. After the mylars have been stamped and signed by the Commission, they will be returned to you for filing in the Town Clerk's Office. The redesignation of the wetlands shall become effective upon filing of the plans . 3. All approvals required must be obtained and submitted prior to any regulated activity on the site. sE41C -- --- O • � U 70v� 011ie S-0� ?J&U&ot 9 w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074. �J�osoR,cfl AREA CODE 203/644-2511 ' May 22, 1990 CERTIFIED MAM Richard Boston Fuss & O'Neill, Inc. 146 Hartford Road Manchester, CT 06040 Dear Mr. Boston: Re: Application #89-105W - Services Development Corporation At the May 18, 1990 special meeting of the South Windsor Inland Wetlands Agency/Conservation Commission, Application #89-105W was denied without prejudice, due to the lack of four votes needed to pass the motion for approval. Very truly yours, B-Yizabeth A. Warren Vice Chairperson Inland Wetlands Agency/ Conservation Commission EAW/pmm cc: Marcia A. Banach, Director of Planning Michael J. Gantick, Director of Public Works John R. Collins, Chief Building Official Planning & Zoning Commission- Jerry Iazzetta, 'Town Engineer " 10 FUSSMI IvBL L consulting engineers APR 1799R South Windsor April 12, 1990 INLAND WETLANDS AGENCY1 CONSERVATION COMMISSIOI+It- Mr. James A. Lombardi, Chairman Inland Wetlands Agency/Conservation Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Inland Wetland Application #89-105W Services Development Corporation Sullivan Avenue, South Windsor, Connecticut Fuss & O'Neill, Inc. Project No. 89-350 Dear Mr. Lombardi: Please enter the following information into record for the Inland Wetlands Application Number 89-105W for Services Development Corporation: 1. Soils on-site investigation for Roadway Services, Inc. by USDA-SCS, dated March 20, 1990. This information was submitted to the Wetland Agency by USDA-SCS, on the above data. Respectfully submitted, - L--1;�> Richard L. Boston Project Manager /bmw �e Ce1 JQ` Corres. File 89-350 0412C90RB 146 HARTFORD RD. / MANCHESTER, CT 06040 /TEL: (203) 646-2469, FAX: (203) 643-6313 SOLID WASTE MANAGEMENT•WASTE WATER SYSTEMS•EROSION CONTROL•WATER SYSTEMS•HYDROLOGY and DRAINAGE SYSTEMS•SITE PLANNING HIGHWAYS and BRIDGES• SURVEYING•LANDSCAPE ARCHITECTURE 9 TRANSPORTATION and TRAFFIC• PUBLIC WORKS MANAGEMENT•HYDROGEOLOGY r nited States Soil 627 River Department of Conservation _ �' R Agriculture Service Windsor 6339 l5 Phone: 688 5 ` MAR 2 21990 March 20, 1999 FUSS & O'NEILL SOILS - On-site investigation of Roadway Services, Inc. property. TO: Mr. Stephen E. Cote Acting District Conservationist USDA-SCS 627 River St Windsor CT 06695 f Dear Steve: On March 19, 1990 I performed an on-site investigation of the soils on the 1.18 acre Roadway Services, Inc. property off Kennedy Road in the Town of South Windsor. I was requested by the Town Inland Wetlands Agency to review the finding of Henry T. Moeller, Soil Scientist; that there were no wetlands on the parcel. A large portion of the site consists of Urban Land; non-soil areas covered with a building and parking lot. Areas of soil (south of the building) on - the 1.18 acre site were examined with spade and auger and: found to be- dominately moderately well drained. Thus I agree with Mr. Nbeller's report dated Decenber 7, 1989; there are no inland wetland soils or watercourses on this small parcel. Sincerely, Ripen J. Kolesinskas Soil Scientist CC: Hartford County SWCD Mr. John E. McCahill South Windsor Wetlands Enforcement Officer O The Sod Conservation Service `J is an agency of the Department of Agriculture FUSS80148LL APR 17 I_w consulting engineers South Windsor .INLAND WETLANDS AGENCYt CONSERVATION COMMESSUM April 12, 1990 Mr. James A. Lombardi, Chairman Inland Wetlands Agency/Conservation Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Inland Wetland Application #89-105W Services Development Corporation Sullivan Avenue, South Windsor, Connecticut Fuss & O'Neill, Inc. Project No. 89-350 . Dear Mr. Lombardi: Please enter the following information into record for the Inland Wetlands Application Number 89-105W for Services Development Corporation: 1. Soils on-site investigation for Roadway Services, Inc. by - USDA-SCS, dated-March- 20, 1990. .,, This information was submitted to -the Wetland Agency by USDA-SCS, on the above data. Respectfully submitted, Richard L. Boston Project Manager /bmw Corres. File 89-350 0412C90RB L 146 HARTFORD RD. / MANCHESTER, CT 06040/TEL: (203) 646-2469, FAX: (203) 643-6313 r SOLID WASTE MANAGEMENT•WASTE WATER SYSTEMS•EROSION CONTROL•WATER SYSTEMS•HYDROLOGY and DRAINAGE SYSTEMS•SITE PLANNING HIGHWAYS and BRIOG •SURVEYING•LANDSCAPE'ARCHITEDTU:RE.TRANS.PORTATION and TRAFFIC•PUBLIC WORKS MANAGEMENT•HYDROGEOLOGY - :.,-.., - b, — - - United States Soil Department of Conservation_ 627 River (� a Agriculture Service Windsor Phone: 688 5 MAR 22 March 20, 1990 FUSS & O'NEI i SOILS - Or�site investigation of Roadway.Services, Inc- property. {� TO: Mr. Stephen E. Cote Acting District Conservationist f USDA--S(S 627 River St Windsor CT 06095 Dear Steve: r On March 19r 1990 I performed an on-site investigation of the soils on the 1.18 acre Roadway Services, Inc. property off Kennedy Road in the Town of South Windsor. I was requested by the Town Inland Wetlands Agency to review, the finding of Henry T. Moeller, Soil Scientist; that there were no wetlands on the parcel. A large portion of the site consists of Urban Land; non-soil areas covered with a building and parking lot. Areas of soil (south of the building) on the 1.18 acre site were examined with spade and auger and, found to be dominately moderately well drained. Thus I agree with Mr'. Moeller's report dated Decenber 7, 1989; there are no inland wetland soils or watercourses on this small parcel. Sincerely, Kipen J. Kolesinskas Soil Scientist- CC: Hartford County SWCD Mr. John E. McCahill South Windsor Wetlands Enforcement Officer O The Sol Conservation Service `J is an agency of the Department of Agriculture iki�.'G f� art ty ^..,•t United States S0n ` Department of Conservation r ' '-627 R7.ver Agriculture Service WindSOr 15 U U . Phone: 688 5 MAR 22 March 20, 1990 - FUSS & O'NEIL� z SOILS - C -site investigation of-Roadwd Services, Tnc. .property. TO: Mr. Stephen E. Cote Acting District Conservationist USDA--SCS 627 River St Windsor CT 06095 Dear Steve: Ile On March l9, 1990 I performed an investigation of the soils on the 1.18 acre Roadway Services, Inc. property off Kennedy load in the Town of South Windsor. I was requested by the Town Inland Wetlands Agency to review, the finding of Henry T. Moeller, Soil Scientist; that there were no wetlands on the parcel. - - A large portion of the site consists of Urban Land; non-soil areas covered with a building and parking lot. Areas of, soil (south of the building) on _ the 1.18 acre site were.examined with spade and auger and, found to be dominately moderately well drained. Thus I agree with Mr: Moeller's report dated Decerber 7, 1989; there are no inland wetland soils or watercourses on this small parcel. Sincerely, Kipen J. Kolesinskas Soil Scientist- CC: Hartford County SWCD Mr. John E. McCahill South Windsor Wetlands Enforcement Officer O The Sol Conservation.Service `J is an agency of the Department of Agriculture J � O FUSS&OWEILL APR 17 �4qn consulting engineers South Windsor INLAND WETLANDS AGENCyl CONSERVATION CO3M1WjS810A1 April 12, 1990 Mr. James A. Lombardi, Chairman Inland Wetlands Agency/Conservation Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Application #89-105W Dear Mr. Lombardi: As a matter of record, the new Inland Wetlands Signage for application pending was posted by Fuss & O'Neill, Inc. on the morning of April 9, 1990. On April llth, at the request of John McCahill, Fuss & O'Neill, Inc. posted signage again as on his verification inspection, signage was not present. Upon completion, Mr. McCahill was notified by phone that signage was again visible and that an application was pending before the Inland Wetland Agency/Conservation Commission. John said he would reverify signage on 4/11/90, so we will assume proper notification has been given in accordance with Town guidelines. Very truly yours, Richard L. Boston Project Manager /bmw cc: John McCahill Corres. File 89-350 0412A90RB 146 HARTFORD RD. / MANCHESTER, CT 06040 /TEL: (203) 646-2469, FAX: (203) 643-6313 SOLID WASTE MANAGEMENT•WASTE WATER SYSTEMS•EROSION CONTROL•WATER SYSTEMS•HYDROLOGY and DRAINAGE SYSTEMS•SITE PLANNING HIGHWAYS and BRIDGES•SURVEYING•LANDSCAPE ARCHITECTURE•TRANSPORTATION and TRAFFIC• PUBLIC WORKS MANAGEMENT•HYDROGEOLOGY y ` $f7 L � < 'B F Town at G � ti 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 lN�soe.CO�' AREA CODE 203/644-2511 March 23, 1990 TO: Current Abutter FROM: John E. McCahill, Zoning/Wetlands ,Enforcement Officer RE: Public hearing of the Inland Wetlands Agency/Conservation Commission Pursuant to section 9 .5 of the Inland Wetlands Agency/Conservation Commission regulations, as an abutting property owner, you are hereby notified of the Public Hearing to be held on April '16, 1990 at 7:00 p.m. in the Madden Room of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor. Please see the enclosed public notice; the application is identified as #89-105W, Services Development Corporation. Thank you for your attention. PMM Enclosure gown Of "--5- 044 Undso i TOWN HALL csouf�i �inc�.o¢, C..OnnECECCuE �- 8 �90 MARILYN W. BURGER a South Windsor TOWN CLERK C INLAND WETLANDS M'ENCY( WiSERVAVON COMMtSS10fN Date ; March 8 , 1990 TO: James Lombardi, Chairman - Inland Wetlands/Conservation Comm. FROM: Marilyn W. Burger, _Town Clerk SUBJECT: = CONFLICT OF INTEREST (CODE OF ETHICS) For your information and in accordance with Sec . 14-110 , Section 1001-Disclosure of Interest , Page 6 , adopted by the Town Council on November 6 , 1989 , I am attaching a copy of a letter dated March 8 ,1990 from Julie A. Raymond. 1 .. ..ram - D lip KAR 8 1990 Sovtj,GC"% ;t..&4z" %Z•\44X%ACktA— tr� TOWN CLERK c� March 8 , 1990 Jaynes Lombardi , Chairman South Windsor Inland Wetlands f Conservation Commission 1540 Sullivan Avenue South Windsor , Connecticut 060714 Re : Applications ; 89-74 , 89-79 , 89-104 and 99-105 Dear Mr . Lombardi , Please accept this letter of disqualifi _ation on the aoove captioned applications . As a commission member I will not participate in the hearing , di-scussion . action , or Vote concerning these applications . Due to my _ lose involvement in Atty . Woodcock-. ' s 1988 Campaign for State Representative which I served as chairman and donated financial support , I feel it is essential to disqualify myself in order to e1imit-ate any impression of , or , appearance of , a conflict of interest . As You may be aware . Precendent as been set in the east , by commission members who r.ad disqualified themselves for similiar reasons . As a result ," in recognition of past precedent , I too feel it is neccessar -v to follow the same Practice . Very truely yours , L U L1- 7ef7 Julie A. Raymond Commissioner cc nlariIyn ur ,er , Totmn )Hari.; Tax Assessors Property Parcel Number Owner Railroad Conrail Freight 95 Washington Street Suite 218 Canton, MA 02021-4086 Highway R.W.W. State of Connecticut Route 194 D.O.T. District I 1107 Cromwell Rocky Hill, CT 06067L/ 73-6 Culbro Corporation P.O. Box 480 Bloomfield, CT 06002 64-3 Culbro Corporation P.O. Box 480 Bloomfield, CT 06002 73-7 William & Anna Barton 33� Troy Road East Windsor, CT 06088 73-11 William & Anna Barton 313 Troy Road East Windsor, CT 06088 73-12 Terry H. & Sandra-Files 151 Troy Road South Windsor, CT 06074 73-13 Anna Wisniewski 118 Troy Road v South Windsor, CT 06074 72-17 Red Star .Express Lines of Auburn, Inc. #2450 Wright Avenue Auburn, New York 13021 72-4 Mr. Andrea Charbonneau 311 Felt Road (/ South Windsor, CT 06074 72-3 John J. Shea & Michael Buscemi 500 Sullivan Avenue 1/ South Windsor, CT 06074 72-25 Marjorie A. & William F. Mayet_tc, P.O. Box 505 Brood Brook, CT 06016 v 0926B89RB. 1 Page 1 of 2 Tax Assessors Property Parcel Number Owner t _ 72-23 Cardinal Industries, Inc. 38 Park Street Vernon, CT 06066 63-1 JRD Realty 481 Sullivan Avenue . South Windsor, CT 06074 63-2 JRD Realty 481 Sullivan Avenue South Windsor, CT 06074 63-3 Gerber Scientific, Inc. 83 Gerber Road L/ South Windsor, CT 06074 63-20 Mr. John J. Woodcock, Jr. 34 Woodcock Drive South Windsor, CT 06074 63-22 Milton B. & Eleanor Bayer 46 Kennedy Road South Windsor, CT. 06074 63-23 Mr. John J. Woodcock, Jr. 34 Woodcock Drive South Windsor, CT- 06074 63-19 Mr. John J. Woodcock, Jr. 34 Woodcock Drive V South Windsor, CT D6074 63-18 Rex Lumber Company Box N South Windsor, CT 06074 63-14 Rex Lumber Company Box N South Windsor, CT 06074 64-8 Handy & Harman 850 Third Avenue New York, NY 10022 0916B89RB.1 Page 2 of 2 _ z O 0 CD q J � f` —• N w 0D V a ' O U) 8 z U W 5: cr zi w w 0 O~ W v U z 0 3a a,• = orn :i� w o Z m c°o o ' O � w 0 0 a w o ° �-- a C9 a LL O F-• J W m Q C 0 U D Z p U J o � w � }� o z _o n a° c r aNm ° 'z W z 0 . < S Z W X tLL H - CD0 OW = LL a J O O O O Q ti 1-J• Y D cNj) ti a ? d Q toW 0. �° _0 Q � 11 W N �10 to to :• ` t. :. . .. 01 _ v ♦ • ',•1� .��:::�t it\i�t\t\ ,yl�`��'F�•I '11 i\,1; :, • ••• • •�•� j ••,. • '•• .,�•� � • .• •r. ��•t;:.,. le�C�i�eY�; •� •*.ie.,�ar�:' t+•1' � `i •,,• 11 , •, •.S ••,• ;4 yR�+,lei. \i , ,iYl•� ��'�`,� • •• � �, •. •• • ,,.•. of �• �•,��:t {iii�i.�1,,�Y,�t�Ay t� ..j.�t';;��.dii�ti►�ilt:1. ,t. .n • ��• •; ,• ••• • ,� •••,Z; ,,,.• � Q •••.• 2 aw+��ti Eb•' , �`:•'%•�its.y ; ,, • �• •• • /� LL of. • t ••�: .• WNJ -;'.•:.10 Z '�• :.:' �\�. .. ,:fit,, _� �. .t • . Ld •.•,...r ••:•• •:• ••:••,• CL O cc • I 1 • •1,• •• •,.,••• . • • j ,� ..to , •• • to . . . •• t .• •. .•.• • •too•to . •• •.. of •,• .• . ; . .•• . ..• ,• •. . . to o 11 . •. •'. : .•• ••• ••.•: •••.•. •• • •1 • .. .:CNN ... ..; ....... ... .. ... ... .. .. TUESDAY, MAY 15,065TOWNS ci tj ; tea To ntd,-,de;attorn . ude:if ,,h,_,earing,, J I legal against.the commission,'but he advised the •' Woodcock also charges that the Inland -interest since a Superior Court judge By ANDREW NELSON commission to.'hold its hearing.anyway.in. Wetlands Commission's regulations are out,;-winter ordered four Bridgewater land- Journal Inquirer staff writer case Losee was correct. ' :..dated because of changes in state law, z :commissioners to pay damages of $50,' "If it's illegal,it's illegal,and we'll find out But Chairman James Lombardi said his, apiece for rejecting a developer's hotel ph SOUTH WINDSOR — The town Friday night, Rittenband said, adding that commission is updating its regulations. s.<` Monday, Rittenband said commissiol attorney will determine by the end of the,;he was unprepared to decide Monday. The question ,of commission members'' week if the Inland Wetlands Commission On Friday the commission is scheduled to. personal liability arose last month when the.-have nothing to fear unless they have a< held a public hearing as a former consider Roadwa 's third application —:its commission a roved.the 37-acne,redesi na-, maliciously. He called the Bridgewater p 8 Y i?1? PP 8 town attorney has charged, on Roadway site plan.The deadline is that day. tion. ` ` ,.'_extreme. Package Systems Inc.'s plan fora 4-acre Mondays hearing was on redefining the Woodcock said that night that continued Woodcock filed his first.lawsuit in M, warehouse off Sullivan Avenue. borders'of 2'acres of-wetlands on the site.;: action would"violate my client',s rights"and yin an attempt to force the commissiol Another application, already approved, is ;possibility motivate his fatherto sue;com .,,schedule new public hearings. His sec Town Attorney Richard M. Rittenband . said Monday after a public hearing resembl for the redesignation of the',borders of 37 mission members individually.' came last week in an attempt to over ing a court trial that he's. unsure of the, acres;of wetlands.,-'._.' Such potential liability has 'become of`.redesignation of the 37 acres of wetlane legality of the hearing. For an hour lawyers for Roadway and onetime Town Attorney John J. Woodcock . 111, 1�1/1CSclllill6 IIIS Idif1u1 S li�ibui .: b business, debated the legality of the hearing Then Rittenband,acting like a judge,;said he Y`. t ,would make his decision Friday. The debate' further complicated P Roadwa 's plan, which already s dogged b *' Y Y i 88 Y two lawsuits and questions of whether com ` j mission members are personally liable for- any actions that maybe deemed illegal. The warehouse plans mean much to both sides — and the town. a" Roadway is challenging United Parcel F' Service for regional business and wants to : r i s create a Hartford distribution center-off ` Sullivan Avenue near Kennedy Road on i - land owned by local developer .Andre Charboneau. John J. Woodcock II of Woodcock Refrigeration Co. Inc. opposes 'the f warehouse, which would send some 1,400 trucks daily by his Kennedy Road building. The town, starved for commercial { j development, would gain substantial taxi " Y � , revenue from the warehouse. The central question Monday-remained +^ s of whether the commission's hearing was being of f held within the legally required time John J. Woodcock III, a former Inland , . ` Wetlands Commission member, alleging a ; P � "laundry list of improprieties,"said the com mission s alloted time to consider Roadwa s �.c> Y € application ended Sunday.": By law, unless there's agreement on :an extension, a commission gets 90 days to act € ;#" on an application. �' � Woodcock said Roadway agreed only to a 35-day extension—or'a.125-day considera tion period in all. a Mike Ad"Itevep/Journey But Roadway lawyer David J. Losee said .Just foryoU his client had agreed to a 90-day extension, N or 180 days in all.The deadline,.therefore,is ;,Elizabeth Hassett, a fourth-grader at Martin School in Manchester, gives gifts to :her three grandparents on Mo ' next month, he said. 'following a special;,,"Grandparent's Clay" program at the school.'Elizabeth played her part in the program by playi Rittenband said Woodcock raised "some lrecorderfor_the audience. From left to right.are:Richard,and Jean Hassett and Marge Nelson, all of Manchester. valid points"in the three-page list of charges +u.:rusingnerL+'. 0 "••� mum ux sun rhursda -" ,a& ,{c „au inLacTall02 1986,Jo n f3.Lar- a cause determined udget. d. Power Y, seen the headlines last week about son state resident pro tem and an Rosenthal said. one involving Hornets rather than the drug arrests.police. East Hartford resident, .O'Neill e s apparently a ote tip Well we're here today for good and student activities coordinator ` P n Days after a police sting opera- news. I'm here to congratulate Kenneth Gwozdz helped lead a hortfali with this .lam et Decision du6id. . g tion ended with the arrests of eight you," O'Neill said. "Drugs don't conference om drug abuse in the students accused of selling marl- control East Hartford, don't con- high school. hays nothing new.This year, Juana,East Hartford High School trol East Hartford High,and,most led a budget with 112 million celebrated a more upbeat side of important,don't control you.,, At the con 0� legafity pated funds,"she said. its drug-fighting plan. ference,students and said she:believes services In a steady rain,admirers read The billboard ceremony, faculty decided to work to prevent' • ' +i to the town will.be affect- the message on a new Burnside planned long before the undercov- drug use,not just react to it. of hearin k ,tr er operation was announced, g Avenue billboard in black and gained a sense of urgency after the school-bus yellow: "The Hornet arrests that still have much of the One of the team leaders,Jessica By LISA RICAARDSON i Team Stings Drugs.,' ' town buzzing. Smith, said the visits to 7- and 8- Courant Staff Writer ' c } The Hornet Team—named for As were the arrests, the bill- Year-olds.have grown in impor the school mascot--Is a team of board and the Hornet team are tance as more of the young chil- SOUTH WINDSOR--The inlac�+d < student athletes;cheerleaders and dren hear about cocaine and wetland. commission expects fo I ' •=•�O}hets 'who visit second-second-grade part of the town's plan to face the .. , . g drug scourge. Some residents say marijuana. Its amazing," said learn tonight whether it held an illh- -in,a sQlashy,anti-dru Y Smith, student council president. : gal public hearing Monday on g ' the town's reputation suffers for ,If one The team has more effect its openness. They say the town Person gets to be in the high posal by a commercial pack p ' r ti+ttaalti�hlghly and' the schools have:no school,. and Ahey go to a part corn an Sts�'its supporters d greater Y P Y ig where `there s drugs and the } drug problem than other towns. Y -: "9` Mayor Susan G. Kniep said ti1e think back ipto second grade when The decision by Town Attor�n'y pbers was " � • `'" town and the schools;should be a nts With the stude came w e bee.... Richard Rittenband will detelctni e t. ` . ' it will be.worthwhile. whether Roadway Package Syate k of Ohio has to resubmit its propospi for a distribution center. At o`i'n t John H.Woodcock III told the. Y mission Monday that it did not ha e authority to hold a public hearingn "'• Roadway's proposal to use 2 acres f wetland in its project. He a�i�u$d that the commission did not 1ct n ' the proposal within time allottpin state regulations. �a M Late Thursday afternoon he�4s sty 4 compiling a list of objection$;f$r `. Rittenband's review. touch with Me- Roadway seeks to locate its'Bart- rak found the ford distribution center on a.furniture had because no one acre site bordered by Kennedy,Sul - d I' . van and Troy streets. The'foorr them. Cuprak CA consist of t aid he would take the wo buildmgs;;`.;:a 183,000-square-foot packaging Ie _text time it was avail- ter and an 11,o50-square-fooig _ ` rage. was notified that re- .vas planned at a Me- The-proposal on the 2 acres is ope Springfield.By April, of Roadway's three application*9!bb_ intenance workers fore the commission.Another,for"a ning to assemble the boundary change,has been approved wated by that McDon- but is being appealed by WoodG gch, i who represents his father, JohA Woodcock Jr. The elder Woodcock cafeteria has been opposes the development because Ilya Place" in honor Roadway's tandem trucks would,eh- su versa,a he re car- ter and exit on Kennedy Avenue, oversaw the renova- across from his refrigeration eQm_ an said he was non- �5 was completely off parry.z4$`` i expect that,"he dnt a "1<f they moved the exit onto Sulli- van, I think my client would have a . .. different oni i n nn of 1ho ..r.,;..;.,„ John coc e Co • mission Monday that it did no(ha e authority to hold a public hearing On Roadways proposal to use 2 acres bf • wetland in its project. He argued rla that the commission did not Oct on the proposal within time allotted in state regulations. + a Late Thursday afternoon he•"hrAs Vda compiling a list of objection8''f¢r Rittenband's review. Roadway seeks to locate its)"tart- he got in touch with Me- ford distribution center on a.30.1- ; j s, Cuprak found the acre site bordered by Kennedy,Suf i- :rid other furniture had van and Troy streets. The cenE r own out because no one would consist of two buildings , a c 183000-square for them. Cuprak r quare-foot packaging„�eo'- said he would take the ter and an 11,050-square-foot.,ge- next time it was avail- rage. . i The proposal on the 2 acres is one :,! was notified that re- of Roadway's three applications`bb- was planned a Mc- fore the commission.Another,fprta in Springfield.B By April, boundary change,has been approved maintenance workers but is being appealed by Woodcock l ginning to assemble the who represents his father, John J. donated by that McDon- Woodcock Jr. The elder Woodcock opposes the development because ;.:w cafeteria has been Roadway's tandem trucks wouldlee- "81111y's Place" in honor "'`" ter and exit on Kennedy Avenue, a,l Sullivan,a school car- across from his refrigeration 691 ✓tio oversaw the renova- pany.. �4van said he was non- "If they moved the exit onto Sulli- y: gat was completely off van,I think my client would have a I didn't expect that,"he F` + different opinion of the project," f. Woodcock said of his father. €:said the cafeteria reno- r - the first of its kind in Woodcock said he knows what hje icut and, possibly, New h k will do, regardless of Rittenbgndls € — was a boon to the z3 s opinion. 'Putting in these benches , Nice atmosphere, you're 'k "If Mr. Rittenband concurs that going to see that with the ": Y= [the commission] acted witho t' ' - iyudget climate,"he said. risdiction,then[Roadway]will ave :Itch a morale booster,not ".. to start over and refile their site t tie kids but for the staff plan, which is what we wanted all aye Wazer,who heads the e along. And if he rules that they c ,assiness partnership pro- ° ' have jurisdiction,then we'll appeaP he said. +r is had followed the prog- s _ i he renovations closet ," Although the commission's deom i confessed to having rar3 = _. sion on the 2-acre parcel can through covered windows x , postponed, it must act tonight Roadway's site-plan. Howeveg ;liuntil Work continued Roadway's attorney, David Lose until he gray evening, says the site-plan proposal hinges before the grand opening, the 2 acres,so both must be acted on 8-year-old Carrie Stone, tonight. " ::teria looked great, but ,,ink was missing. "I think Regarding the Roadway projec, p; -31d's is better;' she said. Woodcock said he doesn't think `+:osn't smell like MrTlnn_ public is aware of its magnitude. Democrats for.cutti services while ad for the ��' xo r�qt te�tttne East a ;4,1)t6ckey +Cl i`and 00,000 to pays cam Pa>M at the tom,.golf course. Windsor. man charged following 'accident WINDSOR ' A local man was taken to Hartford bTospital by Life Star helicopter late when the car he was driving' a' van stopped at a traffic id. Dennisi" 140 Sheffield Drive was nken driving and reckless ce said, after his car hit a or a red light at the int '' s'159 and 291 about 11 p.m: y f Police said i not appear that Cielebl'8ti011 s' ;, r John Dunn Journal Inquirer DiCicco had attempted to stop. Police said DiCicco appeared to have Jorge Sanchez, Justin io atf1ot and J.J.$arbosa shake�some streamers to the beat of the Fermi High School jazz band , hospital.lInfoorm on on hisury and was econdition Friday during a celebration at E ,'s Heipry. 01 for the 25th anniver education program. was unavailable:,F sary celebration for the national Head Start rtay night. Police s van an t !�tAM in the two were tr fdr inju*s. co M � denime for ionuck w tr ra� house attorneys for, thicatenin$ to hold, the commissiopers but voted against his own motion as he agreed with Jerry 8V IMNAN`MAYMOOD personally liable if"tire a 'cation was either a Joumal Inquirer Starr 1NriW denied pproved or O'Sullivan that the 'comission did not have. sufficient SOUTH WINDSOR For the time being, a Kennedy thBcommissiop's decisions iut he,conceded that bothn coues have the rt and teat n`ht toia n property n d,been it didn't know exactly which areas of the right appeal property had been tested. Road site won't become the hub for 1,400 Roadway trucks will probably be ultimatel�'deter"'ned by a judge." Sht Jeff Holcombe, Catherine Brady, and Vice-Chairwoman per day', Although Elizabeth Warren said the Hartford Count gh the ,commission voted 3 `; to approve the y Soil Conserva- The Inland Wetland Commission denied without pre- wetland map amendment that.would ham cleared the wa tion Service had inspected the property as had a professional judice the company's proposed wetland map amendment for consideration�,„the projeet plans,f. a a I . way soil scientist hired by Roadway and both concluded no and its plans to construct a 4-acre warehpuse Friday after are needed to a wetlapds exist on the arc Town Attorney Richard Rittenband gave it the green light to to approve the o w wetlandpbouisj °nga parcel of tittle more than an acre. act: Roadway planned to build a 4-acre warehouse as its denial without proWlioa unuler commission policy. Hartford distribution center on Kennedy Road property Rittenband said.that despite two lawsuits filed against the Because Roadway's plans. were-�basg4.. on a map that. owned by local developer Andre Charboneau.In order o do commission by local lawyer John J. Woodcock, he believes showed the lot with no wetlaads;:aad complete the project, a road would be construete;d. the commission has aeted.within the framework' the law in reject that map,�the commission.wasbfeQj stye c P ,a former town attorney said,that her disagreed Roadway m "Roadway's applications. He agreed with proposal. Woodcock saidP with Rittenband's opinion, but that Rittenband "did d an . R extended-lawyers who the he bale for a.decision couldd:4 The project was also deed out prejudice, which esFellent job defending the commissio> which is his The town attorne blasted oodc y Q the . ,e boundary Roadway and the commission greait twee means oadwa can reaa f . ock and Roadway change and+project pppr9v 1 aA, y vVal Pe ala moved W ,. y The Representatives, a resentatives for Roadway were unav ilable for corn- „<. . x.. �,.. Rep ..,. ;: , .:.,.� . �:'ala'chance meet. -d �n a s at meeting,`the'boar • y ;s ;also voted not to renew the cont tq : rc.. ` back to th ^' 1 of 2f lion-tenured teachers until resi n a "`' 1Q � dents approve; the town's bud e a • packag '_ g h � ��� f r �. two disput v Ysr, °L _" O� d r1 for gifted `� R A +��councils meeting <1 oiln lessons freeks`ago,members`passed a rests# �} lie Ma f-lutio asking:-the boardAurcut bey , fe pro ra tween_$125,000 and_ 1 '"���° r u_— alien "f` g m $ 50,000,fromJ'�e=. . t < .. 0 of$33,000� its proposal:A similar request,for cut of$369,000,was-sent to Regional BY LISA RICHABDSON �` ;< w� r �� `P' 1" ,;i'.,j and and A g �� a business near the ro eed to look School District 19;.which:.handles ' Grant Staff,Waster ��{e`' P, posed center` studen from,Mans ld site;argues that the agency`cannot`` 1 the sehool�. taw Ashf d f r hold a public hearing on an applica lessons and WilIirigton S0UT •- 4 t ter. ubtic-,tion':it-has-denied . Y `n hearing scheduled for Monday,on a*'`Roadway should resu -lmmed re- 1x neetin s A� In other business Thursd..a_ card Proposal by Roadway Packa e Sys `` k l ,,__; ti t Its Pro-r;_ ! g members honored Dr Nell Ne terns to build a distribution c enter .-Po ut Town Attorney.Richard Itit-its' gut from a -muceno the schools'.Physician for meeks ago, Y w11111ke1y be challenged as an illegal tenband. and`Roadways attorne '� - the Past 28 years She will retire at proceeding by an o imed from the end of the school year�$ , plan , ; i> � pp° east of the David I;ossey, said the inland wet�+ ' "_ The issue`is'.,whether the nland point as e which {het llegali y ej � wetlands agency.can hold a public curred- the ubtc hearin spies of his',- uates at 10 a.m. in Memorlal:Stad1- hearing on an application that it pre redo he presen- um. It is the :first _outdoor: com-, viously rejected. P_ g- and nas J. and mencement to be held at UConn Opponents contend that because_ public hearing proceeds ayif Woodcock,however,is ready if the " am in En since the'60s the project was rejected, a new.ap- Monday.. , Introduces Casteen.w111 leave the,university Plication must be filed:_ « planned reneurs That decision to approve one of N this summer to become president of Roadway ;Package Systems;- of the applications-was null and void'-, the University of Virginia,where he ` w earned three degrees., United Parcel Service. Of;the:: and revoked their approval;"he said ' ~ ver _. :E h• Astronaut Franklin_'.R. Chang- The company pro Well,the elected to shortcut it ' �reSS; , Diaz,a 1973 UConn raduate and the _ �to build Its:. and I think the re Makin .. a Hartford.-area distribution center on mistake!" Y' g a;big first Hispanic to travel in space,will a 39-acre site bounded by Kenned Woodcock's father,-who owns ;oing pres : address students receiving advanced y � _ Connecti de The-center roads and Sullivan Avenue refrigeration company-on Kenneda l raditional Jorgensen Aud torium ceremony in buildinester would:consists of two: Road, Opposes the project because May 20 at ¢ . ,{Chang�Diaz,who has been on two Packaging center 83lid_anu 1 50- : Road,ess tOt Sullivanfro Kennedy+ . .. 3mmence- space shuttle missions, will receive square-foot garage an honorary doctorate from the uni cock said. Avenue; Wood The agency held its first public If the would use SulLvan Ave}, the grad- versltyb � >� :, ,7 .. . „ hearing on the Roadway plan in Jan Y uary, and;later approved one; of : nue,my father really would have no u ` three applications for the project: old le Hetlust doesn't all with the pwanta1,50e ' 7 • • • • :,However,:-John J. Woodcock; a lawyer charged that notice of the trucks a day going back and forth in ' ' ►. January hearin front of his buildin " play g was im ro rl g.. ,x,=; -.�a:t posted P Y The town. planning department :will liable by Marlborough Y`�a e '< v ;=, ;.and economic development officials A :The agency agreed.and rescinded `have strongly' tl• _ news not ; its.approval, then rescheduled the al, saying it.would tedan i . pported the propos' -ier hearing for 7 p m Monday at townbring the town star, ha1L �.,.;i� about$600,000 in tax revenues in its Th Work on s '' �' '` first year.of operation.°:That would ; -don = Woodcock,who represents his fa= make the company one of the.top. 'eig eCtion ,h ther,John J.Woodcock Jr,owner of five taxpayers in_town _. iemistr ' t.. ro hoof, has_ of road delayed , _ ma particir pro the 1990 , l _ �, • Reconstruction of a half-mile sec-, Institute Lion of West Road will not begin until,,' N.J. ession is late this month town officials said Willimantic rnde ntsel- First Selectman Allan M.Shuster-' police news Thursday at Ivy Gardens.ti .local` ri Bevel- V Y_ , man said he does not want the road' Police. ., Tabora- _ Officers spotted Thomas^Lopez work to interfere with reconstrue- . ■A 28 year=old Columbia man was 19, of Taylor Court, near his home' Lion on Jones Hollow Road. charged early Friday with beating- p.m. He was arrested in , xpenses. � � - about 7:50 e's pro- The'Jones'Hollow'Road work up his mother after he called her to the parking lot moments after at-ur hours which includes tearing up and repav- said.ick him up in Willimantic, police tempting to run away;police said ' ing the street,is in its final stages Bruce Blair,of 423 Yeomans Road,. g Lopez as theft of fire third-de=' E ree burglary, arms ani}; sion s phoned his mother about midnight , fourth-degree larceny, >,_;--. top • A and violently quarreled.with her in He was turned over to state ponce' soci her car and assaulted her;`police. in Stafford and was being held in lieu has said. of $20 000 bond. Lo The woman,bleeding from cuts on ` uled to appear Monday a Superas o' need her face, drove with her son to the . Court in Rockville te9u hope we will spring`forward from Meadow Street police. station and ■A 55-year-old North Windhan;, cou De .AMMON here." ran inside to seek help, authorities man was arrested on weapons; T said. charges late.Thursday following a; 6/nu y Appearances rances are scheduled by Blair fled the car but was caught a police investivatinn �a Smoke Bear and Woodsv Owl.First