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
* *
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Tax Assessors Property
Parcel Number Owner
f
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 06067
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
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.
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EDGE OF 7AM tM -
90
' TOTAL AREA= 1,611756 S FT.
37.92 ACRESbi
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35'M&Dwe
NC.
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MATCH SHEET
8 FOR. CONTINUATION, SEE SHEETS I
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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
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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
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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
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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
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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
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, �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
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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
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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