HomeMy WebLinkAbout10 Abbe Road (2) r r
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TOWN OF SOUTH WINDSOR
INLAND WETLAND, WATERCOURSES AND CONSERVATION APPLICATION
APPLICATION # DATE RECEIVED_ 2-119 0- -
INSTRUCTIONS
1. The application, map and pleas must be submitted is triplicate, togethsr with the fe set
f rth in the inland wetlands, Watercourses and Conservation Ra8ulations, Town of South
Windsor. (See Regulations, Section VI).
ulatioas should �
2. The S uth Windsor Ialand Wetlands, Watercourses sad f r ap application evaluation. (See
reviewed with respect to the standards and criteria pP
Regulations, Sections VIII - X).
derstands that this application is to be considered comSeete nla when
all
3.-Th applicant un
S
information and documents required by the Agency have been submitted.
Section VII).
A. APPLICANT+g NAMB Mr. & Mrs. Andre L. Charbonneau
AD 3.11 .-Felt Road
South Windsor,
PHONE: (HOME) 644-9188 (WORK) 528-7551
B. LEGAL O'pNER
*g NAME: Andre L. Charbonneau
ADDRESS 311 Felt` Road
South Windsor CT 06074'
PHONE: (HOME) 644-9188 (WORK) 528-7551
(Li
st additional 0"uers, addresses, and phone numbers on back of application).
C. IF THE
APp�.ICA�TT IS NOT THE OVR�1ER OF THE SUBJECT PROPERTY, A LBTT E APPLZCATIO MUST
OWNER{G,) 'AUTHORIZING ,THE PROPOSED REGULATED ACTIVI SET FORTH N
ACCOMPANY THIS FORM AND WILL BE PART OF THE APPLICATION.
F
D. PROJECT NAME: (if any)---
Contact Person (if further information is needed). -
'Williant✓E. Grace Es 479'Buckland Rod Windsor,,
GEOGRAPHICAL LOCATION OF THE PROPERTY WHICH IS TO BE AFFECTED
SUFFICIENT YTHE
PROPOSED
L TO ALLOW
E. THE EOGTHE
REGULATED ACTIVITIES IN A DESCRIPTION OF AND WATERCOURSES MAP-
IDENTIFICATION OF"THE PROPERTY ON rTHE INLAND WETLAND R Miller
'Northeast corner of the inste t
S` at a h d ma
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�Y+9 T.Via: _ .yam r 4.�� 7 •+-
PAGE 1
F. NAMES OF ALL ABUTTING PROPERTY OWNERS: (USE SEPARATE SHEET IF NECESSARY)
SEE LIST AND ATTACHED MAP
G. HAVE YOU NOTIFIED ALL ABUTTING PROPERTY OWNERS BY CERTIFIED LETTER THAT AN APPLICATION IS
PENDING BEFORE THE AGENCY?.
YES **(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 TIME ELEMENT INVOLVED:
Construction of a single family residential dwelling. Activity includes - dredging a
section of the pond and adjacent section of wetlands. SEE Attached
Time Element - One Year
I. A CLASS A-2 MAP OF THE PROPERTY DRAWN TO 1"-40' , SHOWING THE AREA TO BE DEVELOPED, EXTENT
OF THE WETLANDS AND WATERCOURSES AFFECTED, TOPOGRAPH, EXISTING AND PROPOSED ACTIVITIES AND
NAMES AND LOCATIONS OF ADJACENT PROPERTY OWNERS MUST BE SUBMITTED.
1. 178 AC. to be dredged to extra pond
J. ACREAGE OF WETLANDS AND WATERCOURSES TO BE ALTERED: .007 Ac. to be filled for house
construction total 1. 185 Ac.
K. ACREAGE OF WETLANDS AND WATERCOURSES TO BE CREATED: .10 Ac.
L. LINEAL FEET OF PROPOSED STREAM ALTERATION 0.0 Ac.
M. TOTAL LAND AREA OF PROJECT AND PERCENTAGE WHICH IS WETLANDS: 24.38 Ac/ 35.51%
N. IDENTIFY ALL OTHER PERMITS OR APPROVALS THAT HAVE BEEN ISSUED, APPLIED FOR, OR REQUIRED
WITH RESPECT TO THE PROPOSED ACTIVITY SET FORTH IN THIS APPLICATION. (These may include
but not be limited to, local Planning & 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. )
None
0. THE APPLICANT (OR DESIGNATED REPRESENTATIVE) HEREBY ATTESTS THAT A SIGN WILL BE POSTED AT
THE FOLLOWING LOCATION/S as directed by the Town Staff
by Applicant NAME Andre L. Charbonn
ON OR BEFORE THE FOLLOWING DATE: as Directed by the n
_SIGNATURE:Andre L. Charbonneau and Ernestine Charbonneau BY
i liam E. Grace
THESE SIGNS MUST BE DISPLAYED CONTINUOUSLY FOR AT LEAST FIVE DAYS PRIOR TO SCHEDULED
MEETING. (See Regulations, Section 6.3a) .
PAGE 2
THi UNDERSIGNED HEREBY APPLIES FOR THE REGULATED ACTIVITIES LISTED IN PABIIGRAPE B ADM, FOR
A INLAND WETLAND, WATERCOURSES AND CONSERVATION PERMIT FOR THE PROPERTY DESCRIBED HEREIN AND
CONFIRMS THAT:
1. HE IS FAMILIAR WITH THE CURRENTLY EFFECTIVE •INLAND WETL M9 WATERCOURSES AND CONSERVATION
REGULATIONS OF THE TOWN OF SOUTH WINDSOR.
2. HE/SHE UNDERSTANDS THAT AT ANY TIME DURING THE REVIEW. PIItIOD, THE AGENCY MAY REQUIRE THE
APPLICANT TO PROVIDE HORS INFORMATION ABOUT THE WETLAND:; 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 Ft►ILtiRE OF TEN APPLICANT OR ANY OF
HIS/HER AGENTS TO PROVIDE CORRECT INFORMATIQN, OR PERF01XANCE EXCEEDING THE LEVELS OF
ACTIVITY ANTICIPATED, SHALL BE SUFFICIENT GROUNDS FOR RI.-VOCATION OF ANY PERMIT UNDER THESE
REGULATIONS .
4. BY MAILING THIS APPLICATION, THE APPLICANT GIVES PEBMISS::ON TO THE nM,AND WETLAND,
WATERCOURSES AND CONSERVATION COMMISSION MEMBERS AND/OR ITS REPRESENTATIVE TO ENTER THE
PORTIONS OF THE PREMISES WHICH ARE SUBJECT OF THE APPLICATION FOR TEN PURPOSE OF
INSPECTION AND INVESTIGATION AND OTHERWISE EVALUATING TEN MERITS OF THE APPLICATION' BOTH
BEFORE AND AFTER FI DECIS BEEN ISSUED.
By:
Signature of Applicant William E. Grace, Date`F,ebruarv, 15, 1990
Their Attorney
Received and filed at the office of the Planning Department this
day of 19�
Signature of Agent Date_____
FEE RECEIVED YES, NO_ AMOUNT
DATE RECEIVED by
HEARING DATE HEARING ADV. (1) (2
PERMIT GRANTED DATE PERMIT DENIED DATE_______
PAGE 3
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H. 1. Dredging a section of the pond and -adjacent section of wetlands.
2. Stockpiling of dredge material along pond edge, partially its
wetlands for dewatering, then removed to a non wetlands area.
3. Fill in 0.07 Ac. for driveway, amount of fill is 170 cubic yards.
4. Fill placed in the 40 ft. regulated area is 0.31 Ac. and 950
cubic yards.
5. Construct a retaining wall within the 40 ft. regulated area to
reduce impact to wetlands.
6. Construction of part of house in 40 ft. regulated area. I
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TOWN OF SOUTH WINDSOR ID :203-644-3781 JAN 05 '93 16 :02 No .006 P .02
BAN s ��
South Windsor
INLAND WETLANDS AGENCY,
• �NSERVATION COMMISSION
. Tp� OF SOUTH WIN1?SOR
D INLAND WETLAND, WATERCOURSES AND CONSERVATION APPLICATION
APPLICATION V DATE RECEIVED ,� ZONE
INSTRUCTIONS
1. The application, map and plans must be submitted in triplicate. together with the fee sot
forth in the Inland Wetlands, Watercourses and Conservation Regulations, Town of South
Windsor. (See Regulations, Section VI) .
Z. The South Windsor *Inland Wetlands, Watercourses and Conservation Regulations should be
reviewed with respect to the standards and criteria for application evaluation- (Soe
Regulations, Sections VIII • X) .
3. The applicant understands that this application is to be considered complete only when all
informtioa and documents required by the Agency have been submitted. (See Regulations
Section VII). so complete state filing form.
A. APPLICANT S IMAM Andre L. Charbonneau
4
ADDRESS 125 Edwin Road
South
F30NE: (HOME) -- ---- -- (WORK) 5 2 8—7 5 51
$. L3GAL OWNER'S NAM Ernestine M. Charbonneau -
.
ADDRESS• 12 5 Eclwin Road
South Windsor CT 06074 -
PROM (HOME) (VORK) 528-7551
(List additional owners, addresses, and phone numbers on back of application) .
C. IF THE APPLICANT IS NOT THE OWNER or THE SUBJECT PROPERTY, A LETTER BY THE PROPERTY
OwxzR(S) AUTHORIZING TSE PROPOSED REGULATED ACTIVITY SET FORTS IN TRZ APPLICATION MUST
ACCONZANY THIS ?M,*ND WILL 8$ PART OF TIE APPLICATION.
D. P)LOJZCT NAME s (if any) None
1. Contact Person (if further infor=tian is needed) -
J.R. Russo & Associates —
E. THE GEOGRAPHICAL LOCATION OF THE PROPERTY WHICH IS TO BE ArnCTED BY THY PROPOSED
REGULATED ACTIVITIES INCLUDING A DESCRIMON OF THE LAND IN STRyICIENT DETAIL TO ALLOW
° IDENTIFICATION OP TRZ PROPERTY ON THE INLAO WETLAND AND WATERCOVRSICS MAP•
r�1 cap attac ed_Pla r c __.
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ABUTT114G PROPE1tTY OWNERS
Thomas C. Pedrotty
8 Cornfield Drive
South Windsor, CT 06074
Raymond G. & Carol B. Warner
20 Cornfield Drive
South Windsor, CT 06074
Jung K. & Choi Duk Kyu Choe
32 Cornfield Drive
South Windsor, CT 06074
Richard F. & Lorraine Delmonte
38 Cornfield Drive
South Windsor, CT 06074
Donald N. & Karen Jakad
. 41 Cornfield Drive
South Windsor, CT 06074
Alfred R. & Donna B. Kausch
25 Hearthstone Drive
South Windsor, CT 06074
Alan L. & Donna T. Gittleman
37 Hearthstone Drive
South Windsor, CT 06074
Donald & John Dzen
245 Niederwerfer Road
South Windsor,' CT 06074
Herbert 0. Lindahl, Jr.
344 Miller Road
South Windsor, CT 06074
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074 '
STATEW wit: 1NLAND WE' LAND, ACTIVITY REPOK' 4.rio FOWis
- (.;ee instructions on back)
In acordance with the , r qui:-ements of S ction 22a-39-14 Of the Regulations of
Conn#cticut State Agenci s, -,:his form is to b compl t d for each action.
Completed forms for all repo:-table actions during a calendar month shall be
mailed to the Commissioner b,, the local agency no later than the 15th day of
the month following the month in which the action was taken.
1 . TOWN:. S9= WINDSOR
2. !.4-. ,LOCATION: (Attach an 8J by 11 inch photocopy at the original scale of
the appropriate USG,
Quad Map with the project site outlined.
B. USGS QUAD MAP NAME OR UNIT: Manchester Quadrangle
3 . APPLICANT'S OR VIOLATOR':; NAME: Mr. & Mrs. Andre L. Charbonneau
4 . PROJECT NAME (If any) :_ N/A
5. ACTIVITY TYPE CODE (See .-Ast of codes in instructions) : . . . . . . . . . . [ 11/13 ]
If Type Code is 13 "other," describe the type of activity:
a
6-. ,ACTIVITY PURPOSE CODE (S(:e list of codes in instructions) : . . . . . . . . . . . [B & H ]
7 . "ACREAGE OF W9TLAND$ AND VATERCOURSES ALTERED (or proposed to be altered) :
;(.for it agency actions; permits, denials and enforcement)
A. Soil type(s) (If Avg.ilable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ 1.185 ACRES]
B. Only if soil type i:; not available specify area altered as follows:
Swamp. . . . . . . . . . . [_ ACRES] Marsh. . . . . . . . . . . [ ACRES]
Bog. . . . . . . . . . . . . [_, ACRES] Open water. . . . . . [ ACRES]
8 . ACREAGE OF WETLANDS OR Wi,TERCOURSES CREATED: . . . . . . . . . . . . . . . . [ 0.10 ACRES]
9 . LINEAR FEET OF STREAM ALA'ERATION: . . . . . . . . . . . . . . . . . . . . . . . . . . . [ 0.0 FEET]
10. TOTAL ACREAGE OF PROJECT SITE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ 24.38 ACRES]
For Local ,Wetland hgen�cy t_�se On1Y * For State Use Only
* *
11. ;REPORTING MONTH:__
c
GIS CODE:
12.�.,-PURL I C HEARING HELD: YL S NO
* * f
13 . ACTION: (Circle only onE action) * * r
A. permit issued B. pernIt denied
* *
C. permit extension/amencment
D. map amendment E. enfcrcem nt
F. jurisdictional ruling
* *
14. AGENT: * DATE RECEIVED
*
**************************************
Rev. 4/4/89
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USE A SEPARATE FORM FOR REPORTING EACH REPORTABLE ,ICTION TAKEN BY THE AGENCY
1 . ToWN. Enter the' name of the munictpality for which the wetland Agency has jurisdiction. t
2. f,OCATION. A. Attach an 81 x 11 inch photocopy of that portion of the United States Geological
Sticvvy_(11SGS)_Quadrangle Map with the bounds of the project site outlined (where possible) or
ptnpointnd with an arrow. B. In the lower right-hand corner of each USGS• Quad Map there is an
idnntii-ying frame, write the name from the corresponding map in the space provided, or use the
c:orrospondi ng number.
3. NAMf.. Enter the name of the applicant for a permit, petitioner for a map amendment or
jurisdict:Tonal ruling, or recipient.of the enforcement action. `
4. FRoJ ECT NAME. Enter the name which the owner or applicant tias given to the project or the name
by which thn,, project site is generally known.
5. ACTIVITY TYPE CODE. Enter the activity codes which best chrracterize the activity being
tep()rtnd- where possible, enter only one activity code number. ;xample: a subdivision road or a
driveway crossing of a wetland which involves excavation to rem)ve unsuitable foundation material,
filling, culvert, and chantielization of a brook should be coded as 19 "ROADWAY CONSTRUCTION."
IT-the project: also involved outletting stormwater into a..wetlaid, the activity should be coded as
010 for "DRAINAGE IMPROVEMENTS" as well as 119.
6. ACTIVITY PURPOSE CODE. Eater the purpose code which best ciaracterizes the purpose of the
activity. Enter only one purpose code letter.
7. ACREAGE OF WETLANDS AND WATERCOURSES ALTERED (or proposed t ) be altered) . A. Soil types and
acreage figures should be provided by the applicant in the appl .cation. Enter the soil type ,
symbols from the USDA Soil Survey for your County on the dotted line and give the total acreage.
A. to the rare case where the wetland soil type is not available, specify the acreage by the
general caiegory of wetland type: swamp, marsh, bog, or open witter.
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'I'U CONVERT FROM SQUARE FEET TO ACRES, DIVIDE SQUARE FEET AY 43,_ 60.
8. ACREAGE. OF WETLANDS AND WATERCOURSES CREATED. Enter the total acreage of wetland and
watercourse area created directly or indirectly as a result of the action taken by the Agency.
9. LINEAR FEET OF STREAM ALTERATION. Enter the total length of river, -brook stream or other
perennial watercourse altered directly as a result of the actior taken by the Agency. Include any
culverting, channel improvements, rip rap, relocation or dredgirg.
10. TOTAL ACREAGE OF PROJECT SITE. Enter the total acreage of the property including the acreage
of wetlands and watercourses involved in the Agency Action beinc reported.
11. REPowriNG MONTH. Enter only the month in which the action Icing reported was taken.,
12. PUBLIC HEARING HELD. Was a public hearing held on this acticn, circle yes 'or no:'
13. ACTION. Circle the action which is being reported. Circle enforcement when a permit has been
sirspendecl, a notice of violation has been issued, or if an order has been issued.
14. AGENT. For the purpose of this form, "AGENT" means the towr agent, secretary, agency chairman
or other commission member responsible for submitting this form.
MAIL REPORTING FORMS TO:
Water Resources Unit
wet-lands Management Section
State Office Building
165 Capitol Avenue
Hartford, Connecticut 06106
QUESTIONS ABOUT COMPLETING OR FILING THIS FORM MAY BE DIRECTED T ) THE WATER RESOURCES UNIT'S
WETLANDS MANAGEMENT SECTION AT 566-7160.
Code # Activity Type Code I Activit , Purpose
1 Filling A Residential Improvement by Homeowner
2 Excavation B New Resid. .)evelopment for Single Family Units
3 Land clearing/,grubbing C New Resid. development for Multi-family/Condos
(no othez activity) D Commercial/ "ndustrial Uses
4 Stream channelization E Municipal Improvements
5 Stream stabilization F Utility Com;>any Improvements
6 Stream clearance G Agriculture Forestry or Conservation
(Removal of debris only) H Wetland Creation/Restoration
7 Culverting (no roadway)(piping) I Storm Water,'Flood Contrh]
8 Underground utilities J Erosion/Sed.mentation Control
(no other activity) K Recreation/Boating/Navigation
9 Roadway construction L Routine Mairtenance
10 Urainagc. improvements N. State Agency Improvements (For DEP Use Only)
11 Pond dredging/darn construction
12 Activity in buffer/setback area
13 Other
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ABUTTING PROPERTY OW RS
Thomas C. Pedrotty
8- Cornfield Drive
South Windsor, CT 06074
Raymond G. & Carol B. Warner
20 Cornfield Drive
South Windsor, CT 06074
,Tung K. & Choi Duk Kyu Choe
32 Cornfield Drive
South Windsor, CT 06074
Richard F. & Lorraine Delmonte
38 Cornfield Drive
South Windsor, CT 06074
Donald N. & Karen Jakad
41 Cornfield Drive
South Windsor, CT 06074
Alfred R. & Donna B . Kausch
25 Hearthstone Drive
South Windsor, CT 06074
Alan L. & Donna T. Gittleman
37 Hearthstone Drive
South Windsor, CT 06074
Donald & John Dzen
245 Niederwerfer Road
South Windsor, CT 06074
Herbert 0. Lindahl, Jr.
344 Miller Road
South Windsor, CT 06074
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
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III. INSPECTION WORKSHEET
This worksheet is 'suggested for personnel responsible for inspection.
PROJECT NAME:
LOCATION:
PROJECT DESCRIPTION:
(Brief description,, con om niums. subdivision, etc.
PARCEL AREA (Acres)
RESPONSIBLE PERSONNEL: NAME
(Person with
responsibility ADDRESS
for implementing
soil erosion and CITY
sediment control
plan) PHONE
EROSION AND SEDIMENT CONTROL PLAN PREPARER:
INSTALLATION CHECKLIST:
INITIALS
* ** OF
WORK DESCRIPTION DATE INITIALS DATE PERSON
E&S CONTROL MEASURE OF MEASURE REMOVING
MEASURES LOCATION INSTALLED INSTALLER REMOVED MEASURE
*Sequentially list (dates riot necessary) measures to be installed. This list
should be developed from the narrative and must include all work items.
**Describe location of each proposed measure so that it can be referenced to
the plan map. Use of alphabetical measure names can be utilized here.
Abbreviated names found in guidelines are preferable - for example:
(Construction entrance to Paxton Road = C.E. Paxton Road.
III-1
CHARBONNEAU, ANDRE L. & ERNESTINE
ABBE ROAD & MILLER ROAD, SOUTH WINDSOR
INLAND WETLANDS AGENCY/CONSERVATION COMMISSION °
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Abutting Owners:
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Mr. & Mrs. Thomas C. Pedrotly 8 Corn Field Drive, S.W. I
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U & R Construction Co, Inc. 99 E. Center St. , Manchester
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Jung K. Choe & Duk Kyu Choi 32 Corn Field Dr. , S.W.
Mr. & Mrs. Richard Delmonte 38 Corn Field Dr. , S.W.
Mr. & Mrs. Donald Jakad 41 Corn Field Dr. , S.W.
Donald & John Dzen 245 Niederwerfer Rd. ,S.W.
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Mr. & Mrs. Mark Waxenberg 3 Karen Way, S.W.
Mr. & Mrs. Joseph Barry 6 Karen Way, S.W.
Mr. & Mrs. Robert Bonisolli 49 Hearthstone Dr. ,S.W.
Mrs & Mrs. William Zaleski 37 Hearthstone Dr. , S.W.
Mr. & Mrs. Alfred R. Kausch 25 Hearthstone Dr. , S.W. k
Mr. & Mrs. Harold Lindahl, Jr. 344 Miller Road, S.W.
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February 15, 1990
Mr. & Mrs. Andre L. Charbonneau
311 Felt Road
South Windsor, CT 06074
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•Mr. & Mrs. Harold Lindahl, Jr.
344 Miller Road
South Windsor, CT 06074
RE: ABBE ROAD and MILLER ROAD, SOUTH WINDSOR
24.3 ACRES - (1) SINGLE FAMILY RESIDENCE
Dear Mr. and Mrs. Lindahl:
In accordance with the regulations of the Inland Wetlands
Agency/Conservation Commission we hereby give you notice of an
application filed this date for the construction of a private
home located on the above property and which abutts your property.
The application and plans are on file at the South Windsor
Town Hall, 1540 Sullivan Avenue, if you desire further information
please contact the Planning Department, 644-2511.
Respectfully,
Mr. Andre L. Charbonneau
Mrs. Ernestine Charbonneau
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CERTIFIED MAIL P 009 643 177
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(�FIEC,M- VfM FROM d',44 A 0
---�ODOLLAAS
ACCount Tbtel Is
Amount F%W
Bawme due > _
"THE EFFICIENCY®LINE"AN*NOWPST"23-121 — --
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~ HART SOIL SEWICES INC.
P.O.BOX 306—'South Road/Ecat Hadkrd/CT 06M
2-20-90
{
Mr. Andre Charbonneau
125 Edwin Rd. 28 Vo
South Windsor, Ct. 06074
• youth Wind4or
INLAND WETLANDS ACENCY1
Dear"Mr.. Charbonneau s CONSIUMT14y COMMISSIM
At your request, on 11-10-89, I delineated the wetland soils
on your property on Miller Rd. and Abby Rd. , South Windsor, CT.
Using USDA-SCS criteria for poorly ,drained, very poorly drained,
flood plain and alluvial evils, the wetland boundaries were
harked in the field using pink- arid black striped flagging,
sequentially numbered.
The wetland soils are those associated with the pond, *ongue
of land extending from the pond westerly into the field and
an old borrow pit which is now a peat muck swamp ( easterly
of the pond) . These wetland soils are similiar in shape and
position on the landscape to the official town soils map except
that the poorly drained Walpole soil ( the tongue) is not as
extensive to the north.
As to- the activities, proposed on the site, a small area of wet- �
land, o.o7 acres, is to be filled and graded to accomodate the
loop of the driveway. This has little- effect on the storage
capacity of the adjacent wetland because the area is small.
A small area to be excavated to the east of the carriage house
should increase the storage capacity of the pond (0.10 acres).
The net' effect of the filling and excavating will be nearly
equal. Both areas are so small that the effect on the larger •
wetland-pond system wiii be imperceptl`ble.
The edge effect of each(disturbed) is very similiar to the or--
ig�nal, wetland perimeter. Drainage divides are not altered
in the large wetland nor is water being diverted from the wet-
land-pond system. Bdcause the tongue area has little diversity
of vegetation, mostly mowed field, 'it has much less value as
a wildlife habitat than the area of the pond.
', '.a.•.i..,w,•...,:,isbil,:«•%r►�1L:•.ailrir►'Ik•.r.;.n.►... • ,,,,,;v.:o•r:•..
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page 2 Charbonneau
The placement of the house, retaining wall and driveway in the
regulated area should have no effect on the wetland-pond system.
Placement of the dredged material from the pond will be in two
areas outside the wetland boundary, one to the east of the pond
and the other in the vicinity of the proposed carriage shed.
Both staked haybales and silt feNce gill keep fine particles
from reentering the pond. Eventually, it' will be spread and
seeded. The rest of the field will remain as it is now.
I have reviewed, signed and dated the maps entitled P1otPlan
Residence Mr. & Mrs. Andre Charbonneaur Abbe E dg_- uthW' sQ ; _
,Connecticut, pre aced by Palmbera & Russo, Scale 1"=40' , now.
89�110_and Re_ denim Mr. & Mrs. Andre charbomeaup Abbe Road,
South Windsor, Connecticut, Palmbera & Russor - 15 Barber Pond
Road, Bloomfieldj, Ct. , Scale 111=100,4, 2-20-90 and find that
they represent substantially the condition as it appears in
the field.
.
I hope the above proves sufficient for your purposes. If you
have any questions, please feel free, to contact me.
Sincerely,
� A:�l 4('A�
Joyce G. Raabe, MS ,
Certified Soil scientist
President
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PALMSERG & RUSSO D D
15 Barber Pond Road ������ 0�
f BLOOMFIELD, CONNECTICUT 06002
DATE JOs NO
(203) 242-2775 ATTENTION
RE-
To -z � ��' AkAl LC t
WE ARE SENDING YOU Attached ❑ Under separate cover via ILt Y the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
EXCopy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
,(For your use ❑ Approved as noted ❑ Submit copies for distribution
> KAs requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
SIGNED:
I'ME i 2*2 ®Inc.,sna,Ow 01471 It nalosures are not as not d, kindly notify ones.
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CASEY & GRACE
ATTORNEYS AT LAW
479 BUCKLANO ROAD
SOUTH WWOSOR.CONNECTICUT OB074
(203)B44-1526
JOHN M.CASEY
TELECOPIER(203]644-1 520
WILLIAM E.GRACE
February 28, 1990
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
INLAND WETLANDS AGENCY/CONSERVATION COMMISSION
RE: CHARBONNEAU - RESIDENTIAL DWELLING
MILLER/ABBE ROAD
Dear Commissioners:
,
Enclosed please find a report dated February 20, 1990 fron
Hart Soil Services, Inc. with regard to Mr. and Mrs. Charbonneau's
application. Please include this in the Inland Wetlands file.
Very truly yours
W499W •
William E. Grace
WEG/att
enclosure
D �
Fs 28 'Leo
South Windsor
NRMD WETLANDS AGENCY/
CqNSgWATION COMMISSION
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T-0� �s �.
�, c+� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
.cd�s AREA CODE 203/6"45U
March 21 1990
Mr. & Mrs. Andre L. Charbonneau'
311 Felt Road
South Windsor, Cr 06074
D ar Mr. & Mrs. Charbonneau:
Re: Application #90-14P - Charbonneau Residence
A meeting of the Inland Wetlands Agency/Conservation Commission will
be h 1 d March 19, 1990 in the Madden Roam at the Town Hall, 1540
Sullivan Avenue, South Windsor, Connecticut. Your application has
been placed on the agenda.
The applicant shall also notify abutting property owners in writing
by certified mail at the time an application is submitted that an
application is pending before the Agency. The appl i cant is required
to provide to the secretary a copy of the certified letter and the
list of names to whom it was sent to.
A sign must be posted on the property where it can be seen from a
town street. Said sign must be posted for five continuous days prior
to the above meeting (March 14, 1990). The signs are available at
the Town Hall if not already acquired.
-W truly yours,
Phy1 i s
truly
Mann
Secretary
Inland Wetlands Agency
Conserva t.i on Cori ssi on
cc. Attorney William E. Grace
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1540 SULLIVAN AVENUE SOUTH WINDSOR• CONN. 06074
AREA CODE 203/644-2511
March 7, 1990 -
G
TO: James A. Lombardi, Chairman, 'Inland Wetlands
Agency/Conservation Commission
FROM: John E. McCahill, Zoning/Wetlands Enforcement Offic r
RE: Application #90-14P - Charbonneau Residence
DOCUMENTS REVIEWED: Application form, Soils Report by Joyce G.
Raabe, and Site Plan
t ,
COMMENTS:
p
1. Joyce G. Raabe, Certified Soil Scientist has field located the f
wetlands. A report has been submitted clarifying her findings for
this site. The soil types as identified on the plans appear to
r flect the Dartford County Soil Survey. The report submitt d
do s not indicate any specific soil types. If the Soil Scientist !
found differences based on the site investigation, they should be
reflected on the plans.
2. The area of the proposed house location does meet the requirement
._, of section 5.1a of the Zoning Regulations, "a contiguous buildable
area of at least 10,000 square feet, into which a square of 90, x
90' can be located" . This should be indicated on the plans. Th `
garage exceeds that area but is not in the regulated 40' setback
ar a.
3. If the proposed carriage shed exceeds twelve feet in height, it
will have to be located at least 100 feet from the street. This
will place it a bit closer to the wetlands but it can still be
located out of the 40' setback area. An appropriate location
should be indicated.
F
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4. There is a retaining wail proposed for the driveway. A detail
should be provide for construction of the wall. There is an area
of fill in the wetlands which 3s associated with the driveway.
The area is clearly identified on the plans. The area of wetlands
to be filled is approximately 0.07 acres (170 cubic yards) .
5. It would appear that the existing house, garage, shed, and barn
are going to be removed. This should be indicated on the plans
along with a note that the materials are not to be buried on th !
site.
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James A. Lombardi Page Two
Application #90-14P March 7, 1990
6. There is an area southerly of pond where they are proposing to
"create wetlands" . Details should be provided for this
"creation" and the silt fence should be moved easterly of that
area to prevent any impact on the pond.
7. There is no indication of how water and sewer services will be
provided for the proposed house. It would seem that the hous
will utilize existing services on Abbe Road Extension. This
should be indicated on the plans.
8. The 100 year flood elevation has been identified on the plans at
elevation 253.0. The dredging of the pond (which is actually
part of the Podunk River) and a small area associated with th
creation of wetlands is below that elevation. The applicant
should contact the D.E.P. , F.E.M.A. , and the Army Corp of
Engineers prior to any activity in or near the wetlands.
Copies of these reports should be submitted to this Commission.
9. There is no construction entrance shown on the plans. This and a
d tail should be indicated on the plans.
10. It is my understanding that the Soil Conservation Service has
had some input on how the dredging of the pond should be
accomplished. The narrative briefly discusses the dredging
operation but more detail is necessary. This should include
staging areas for the dredging equipment and locations for th
dredged material while dewatering. The dredged material, one
dewaternd, will be used to create the slopes along the proposed
pond. The soil types should be evaluated to determine if this
is actually feasible.
11. Dredged material is .to be placed along the easterly side of the
pond. This area should be immediately stabilised.
12. The soil type should be evaluated to determine if the slopes
which will function as the inlet and outlet areas should have
some additional method of permanent stabilization.
13. The plans indicate that a small island is proposed in the middl
of the pond. Stabilization of that area must be addressed.
14. There is an outlet structure shown at the northerly end of the
pond. This should be identified as a proposed structure and a
d tail should be provided. This structure should be evaluated
for its ff ct on aquatic animals.
r
Jam s A. Lombardi Pag Thr e
Application #90-14P March 7,1990
15. The proposed outlet structure and overall redesign of the water
storage of this area should be evaluated to ensure that there is
not a problem with flood storage capacity.
16. These comments should be addressed and additional information
should be provided; prior to any approval by the Commission.
JEM/pmm
1
rN • 44
CP 710� Ole sau� ?1)&U&0t
s v� 1540 SULLIVAN AVENUE • SOUTH WINDSM COHN. 06074
AREA CODE 203/644-2511
March 7, 1990
TO: James, A. Lombardi, Chairmanr -IanUftd Wetlands
Agency/Conservation -C.6mzilis.sion FROM: John E. McCahi ll, Zoning/Wetlands Enforcement Officer
IN 16 de
DOCUMENTS REVIEWED: Application farm, Soils Report by Joyce G.
Raabe, and Site Plain
COMMENTS s
1. Joyce G: .Raabe, Certified Soil Scientist has field located th
wetlands_. JL- report -hats--been- submitted zlariffyi ..her, f i ndin4s f or
this site. The soil..types as -identified_.ors--the--plans ,aiipear to
r f lect the.. Hartford -County Soil -Survey.---_.-The rapoit submitted
does not indicate any specific soil types. If the Soil Scl nt�.st
-� fMite f a -tl�te sou ` b9
r_ef lected on the lan .. - --- - - --- =-
/
2. The area of the proposed house location does meet .the' requirement
O k of section 5.1a of the Zoning Regulations, "at contiguous buildable
area of at least 10,000 square felt, into which a` square of 9.0, x
90" can be located" . This should be indicated on the plans. The
garage exceeds that area but is hot in the regulated 40' setback
area. 'TI-4, 1 o' x of o� 6 uA%44V4 sgva-c. , s 1..*A i be s kAwv% .,,. c ''�.�-t Q lw►s
3. If the proposed carriage shed exceeds twelve feet it1 height, it
will have to be located at least 100 feet from'the_ street. This
will place it a bit closer to the wetlands but it can still be
located out of-.the- 40t setback area. An ap2ropriate. location
? should be indicated.4.00 JThere. .is a retaining ,�a11 proposed for the.-Ari ram• . =-�,�;d® il'
Z should be struction,-of� the-.-wa ii.,—Th y_i s an area
fff of fit in the wetlands which is as th the driveway.
The area is clearly identified on the plans. The aarea of wetland -,
to be filled is apptoximately 0.07 acres (170 cubic yards) .
1 At -For t%4 c e 4••:.�:o. ,,,gLt l x kokO iw, s L+owvv p t•►&%i .
d 5. It would appear that the existin house, garage, shed, and barn,
p� s�� � are goingto be removed. s s ou d be indiioate n the a ans }
A. IV along w t , a= note that the materiallo are not to be Ouri th
a fY? ^.
,� P ►�k s it 1.� -tom .�ti...t p LW .s,)%4ti� 48
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James A. Lombardi Page Two
Application #90-14P March 7, 1990
6 . There is an area southerlyof and where the P y are proposing to
"create wetlands" . Details should be rovided for t�iis
"creation" and the silt fence should be moved easterly that
area to prevent any impact- on a pon .
There is no indication of how water, __ter and sewer service
/ CUB j
ll be
provided for the proposed house. It would seem that the lhouse
C will utilize existing services on Abbe RoadBKOEERFUm. This
4d should be indicated on the plans.
8. The 100 year flood elevation has been identified on the plans at
elevation 253 .0. The dredging of the pond (which is actually
part of the Podunk River) and a small area associated with the
creation of wetlands is below that elevation. The applicant
A#%v'- should contact the D.E.P. , F.E.M.A , and t-hP rmv Corp of
ejl Engineers rior to an activit r near the wetlands .
P JUST�AV u'u Copies of these reports should be submitte —
Commission.
[F.E. i�9 . There is no construction his and a
detail should be indicated on the moans .
10 . It is my understanding that the Soil Conservation Service has
-� had some input on how the dredging of the pond should be
accomplished. The narrative briefly discusses the dredging
operation but more detail is necessary. This should include
staging areas for the dredging equipment and locations for the
� dredged material while dewatering. The dredged material, once
\ dewatered, will be used to create the slopes along the proposed
pond. The soil types should be evaluated to determine if this
is actually feasible.
Dredged material is to erl side
pond. y _f the
p This area _should be immediately stabilized.
FThe soil_type should be evaluated to deters,;rA i th B1apes
which will function as the inlet and outlet- areas should have
some additional method of permanent stab; lLzation.
3. The plans indicate that a small island is proposed in the middle
5aj a;?c of the pond. Stabilization of that area must be addressed.
14 . There is an outlet structure shown at the northerly end of the
i pond. This should be identified as a proposed structure and a
N ,r�,"�� detail should be provided. This structure should be evaluated
for its effect on aquatic animals .
{
Jam s A. Lombardi Pag Thr e
Application #90-14P March 7,1990
15. The proposed outlet structure and overall redesign of the wat r
storage of this area ski _ld be revaluated to ensure that t er s
no a ro em with flood storage capacity.
16. These comments should be addressed and additional information
should be provided; prior to any approval by the Commission.
JEM/pima
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LETTER OF TRANSMITTAL ,0,04
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PLANNING DEPARTMENT 5
TOWN OF SOUTH WINDSOR
1540 SULLIVAN AVE. ° •�o`'
SOUTH WINDSOR, CT 06074
(203) 644-2511 Date
6z-*
W;,t 's o4o5s
� : Svc. Cc�t ✓SSA S CS
WE ARE SENDING YOU:
CM P&Z initial plans Q Drainage coups
C:3 P&Z final plans 0 Bond estimate requests
[O Inland Wetlands plans 0 Bond reduction requests
O Final plans for filing 0 Change order fora
r--1 Other Mj Correspondence .
Copi s App. No. Project
Res;c&oee CO3vc(r;s4P•�1
i
THESE ARE TRANSMITTED as checked below:
O For r view and comment O For your file
O For your use 0 Returned with revisions
= As requested
0 Oth r
PLEASE RETURN/COMMENT BY: '
COMMENTS:
We Gr;e!'/.i /iJC�JS�cI e . tint -{i,� plc .p�a� c' re-er'l�ce� 4 4vv
cla-clefr SSS q ed y 07e fiy rev%e h Vyv/ /'e3v0J7 .
Copy to: From: ,vim.
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MEETING OF MARCH 19, 1990:
Lombardi: Application 90-14P, Andre Charbonneau
Raymond: Mr. Chairman, before the applicant begins I would like
to ask a question of Mr McCahill. As I've reviewed this
application which was submitted, which was sent to us, I
noticed a number of items that were missing. That there
seemed to be alot of need for clarification on this
application. The E & S, where the existing, what would
happen to the structures on the property, details wer
missing with respect to the creation of wetlands, th
dredging of the pond, the making of an island, there's
was no construction- sequence, there was just a number of
items that were missing off of this plan at the time.
And this was done, letters sent out dated March 7th,
have those items been addressed and do we have all the
information that you had noted on this, on your letter.
McCahill: I would assume that he is going to present this tonight.
Raymond: Well, the reason I ask
McCahill: you ask about this all the time
Raymond: I know, well the thing that bothers, the thing that.. I
guess, concerns me the most is because with all these
variables missing and it just seems that as presented,
as received, the application was incomplete.
Russo: May I comment on that?
Raymond: well, I
Russo: It's the word, application, that is bothering you
Raymond: OK. . . . .were incomplete
Russo: . . . . .we went to John McCahill. We said. . . .with SCS
because it was a question, because of Andre or Mr.
Charbonneau buying the property adjacent to the Dzen
Farm. . . . . .irrigation pond for Dzen and we are working
with SCS previous on Andre's property. So one of the
meetings we had with John was to, because of the fact
that DEP allows ponds of 3 acres or under to be
constructed for farm usage.
Raymond: Uh huh
Russo: without going to Comnissions. .qu stion. . .that
time. . . . .is to wheth r you want to s this or not or
whether this would be an accepted use or approved use.
That's how we started. The next thing I know, I have 18
comments back. Some of which I would like to answer.
{
Raymond: OK but. . .
Russo: You know what I'm saying? That's
why. . . . .application. . . . .we're suppose. . . .or
otherwise. . . . .it's an approved use, accepted use. . .and
to what extent we would have to prepare ourselves. .got
into an comments all the way down through. . .site plan
approval and details on concrete walls and removal of
buildings etc. , which are not in the wetlands, all the
buildings are in. . . .not even close to the wetlands. I
don't know. . . . .
Raymond: What, that is one specific item that was listed. . .always
a concern to this Commission, however, I'm not going to,
my concern right now is that that the this appl, this
plan, this application was submitted to the Commission.
Was received by the Planning Department, was sent to
this Commission. . . .
Russo: . .no, not by the Planning Department. .
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Raymond: . . . .but Inland Wetlands Commission, the Planning
Department was received at. .it was received, dated,
stamped, reviewed, spoken about with SCS, direction was
asked and yet and Mr. McCahill, it was submitted to us
for review on on this night's application, this night's
meeting, a number a items as of March 7th were no clear,
were not clarified. Certain things were incomplete,
we've just had a situation where, because a certain part
of our application, information. . .an applicant on an
application, we just tabled that. I understand you're
here to review these things but if some of this material
or information was supplied, and I'm- not, it's not, I
don't know. . .blind. But what I am saying is that if
some of the information that was missing could have been
incorporated, at least I feel that I could of come in
with a better understanding of what of your plan inst ad
of coming in kinda putting the antennas up and
questioning. If you understand what I'm saying.
Russo: . . .the pond dredging etc and not in the areas of removal
of buildings and whether the concrete wall, retaining
wall. . . .I don't think. . .I don't think. . . .and you're not
going to solve the problems about the dredging of the
pond even if I answer those questions.
Raymond: No, I understand what .you're saying. I just want, I
just hope that you could understand my position that
there were just so many missing variables, so many
questions, everytime I turned around, I went through
everything but the last two.
Russo: Well, I think that. . . . .
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Raymond: . . .included. .but I ended off and unfortunately no. 14
but anyway if the Commission or the Chairman feels that k
the application is complete and is sufficient, that's
fine. But I just want my feelings be known.
Lombardi: . . .John, . . . .difference what Mr. Russo has said. . .simple
discussion would be acceptable and conditions. You did
talk with him about basically what would be
acceptable. . . .
Russo: . .right, John, prior to submitting the plan. And at
that time we met, my impression that we
would. . . .SCS. . (papers rattling awfully) . . .to clarify
the marking of wetlands and the soil types. We outlined
and thought we would be ready. .SCS three more times and
contacted all the people that John mentioned to contact
in his note. I have their comments back and I think
we've gone through it and alot of it is not, is
complicated, it just becomes the question as to what
jurisdiction. . . .administer on the dredging
part. . . .that's the question. The other issues, the
other parts. . .points out we're at the point, point 07,
point 07 acres. . . .that's all. . . . (rattling of papers)
Raymond: Well, its' my understanding, and correct me if I'm
wrong, that according to the information that Mr.
McCahill has submitted here, that the pond is really th
Podunk River. Therefore, any dredging into the Podunk
River should be considered a significant activity and
any significant activity or regulated activity should go
to a public hearing. Therefore, it would give the
applicant, if what the applicant. .enough time to come up
an answer questions and fill in the missing blanks that
were not, or should be considered in our Regulations, in
our Regulations is necessary on information required on
an application and. . .I know. . . .nitpicking but this
should have been stopped before it was started . . .
Russo: it should have been stopped, before it was started?
Raymond: no, stopped, no not the project. You should have been
informed of what was necessary if you had met with Mr.
McCahill, SCS, and there was a review. . .application
prior. . . .then it was obvious. . . .you know what I'm
saying. That this information should have been placed
on the application. . . . .
Grace: . .and I was involved in the beginning.
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Raymond: OK
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Grac What started out to be farm pond. .
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Raymond: ended up being . . .
Grace: ages and ages ago. I think what John is trying to do is'
to get in one letter a complete site plan. I think some
of the things here are not involved, really, in inland
wetlands. When we get done with this plan, after you'v
seen, hopefully we can go to the Building Department and
say, "heh, everything is done" . I think Joe has spent
more time on this than any major. . . .but really I think
John has been a help to us and we've met with him, we'v
met with the State, Soil Scientist and everything, so
maybe some of these are not quite inland wetlands and
there's nothing here we can't solve so in the beginning
we had more meetings prior to submitting the application
than any other major project. I see what you're saying,
it's a long list but we're talking about one house and I
think a really nice development and also the neighbor
next door can use the water on the farm.
Raymond: I have no doubt
Lombardi: . .chair. . .yes
Russo: I agree with you if the comments were sometimes
submitted to us first. We might. . .before they every get
to Inland Wetlands. But we never see the letter, th
letter goes directly to you and it's just a matter of
record after that. We never have a chance to comment
and. . . .letter from the staff. . .50%. .
Lombardi: You don't get a copy of the. . .
Russo: we get a letter, but that's after it's sent to you, it
is not sent to us first to answer the questions prior to
being submitted to the Commission.
Raymond: When did you receive this?
Russo: When did we receive the letter?
Warren: probably the same day we did.
S cr tary: March
Russo: . .certainly after the. . . .
McCahill: this goes back to the same old concern that we've had.
Do want to consider our procedures for. . .submitting
applications. It's really the issue and I think this is
something that really needs to be discussed outside th
territories of this application. We talked about it
over and over again. I've got fourte n days to review,
rget coma nts out and the applicant do s his best to
catch up and get in with something that can satisfy the
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concerns. But I think that is something that has to be
discussed on a gross level, you just can't be discussing
application by application. We deal with this quite
often, it's frustrating.
Grac s comments of John's, you know within days of when they
are issued. And that's a problem, all we do is try to
do the best we can to make directions. . .as much
information as we can.
Russo: Mr. Chair. The letter is written to you as the Chairman
of Inland Wetlands Commission. . .see that letter that is
what you're going to be discussing the night of the
meeting. I come to the meeting prepared to anwer the
questions that you have received the letter. . how can I
do anything different? I don't know. So I. . . .list of
things that I've. .from John . . . .answers to those
questions.
Raymond: I wasn't a direct, it wasn't directed to you or at this i
application or at this applicant. My concern was the
missing variables that did not conform as I saw them
with information that was required on an application.
And I, and with your statement with so many meetings
kinda just intensified the, why, why there is so many
missing when you've had so many meetings and why wasn't
it done because
Russo: . .because I think, I think its an opinion as to what was
required to be submitted. We're operating on. . .farm
pond in 23 acres and that we, there was a certain amount
of information that we would have to supply but
not. . .totally. . .and the information that we had we can
accomplish the dredging operation and. . .material and all
that. .do with this plan. Right now I. . . .there is no
evidence. .information is required if we, myself, and
Gregory and SCS. . . .opinion
Raymond: That's an opinion?
Russo: Well, I mean the dredging . . .these. . . .right here she can
verify. . .pond and other areas. . .problem and the SCS had
no problem. So. .question is how much more information
this Commission needs in the interim between the person
going to do it and SCS is going to be looking at it
while we're doing it. What is your pleasure? Do you
want. . .
Lombardi: You missed the whole thing. . . . .does anybody else have
any concerns about this? I think if you're prepared at
the pres nt tim to answer all the questions. . .you
should proce d. But I would also state that b cause of
the time frame and the bottle neck that John is in and
the time the information comes to us it becomes very
difficult for us to valuat something at the last
minute but we're not giving you enough time to respond
to it and John's comments are pertinent so far as trying
to work something out because this is becoming. . . .and
you may proceed sir.
Pekala: Mr. Chairman. Point of order.
Lombardi: Yes
Pekala: We have two re-applications coming up. Can they be
presented after ten o'clock without being brought to th
table first?
Lombardi: Your point is well taken
Secr tary: reapplications?
Pekala: Yes
Warren: right
Lombardi: . .interrupt. . .so we can just recognize. . .
Pekala: motion to recess this application
Raymond: second
secretary: don't go too fast, who seconded?
Smith: it doesn't matter
Raymond: I did
secr tary: you'd better make up your mind, so we'll recess 90-14,
OR
Lombardi: all those in favor signfying recessing this temporarily
to recognize reapplication 87-433 and 87-436 signify by
saying ay
ay ay ay ay
Lombardi: motion carried
Pekala: motion to return to 90-14
Lombardi: there's a motion is there a second?
Raymond: second
Lombardi: all those in favor of th motion signify by saying ay
aye, aye, aye, aye. . . .
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Lombardi: Mr. Russo
Russo: the. .property between Abby and Miller, right here, zoned
rural residential, RR and. . .she will be up here a little
bit later and tell you. . .wetlands lines and soil types.
But as I pointed out, remember SCS. .from Windsor and
Storrs. . .decide. .dredging the sides. . . . (papers
rustling) . .irrigation purposes and for frost protection
of strawberries. It's very easy to access because their
property backs right up to this line. . .we decided at
that time, that dredging the pond would give Dzen the
additional water for irrigation and frost protection for
the strawberries that he would need. And it could be
accomplished without any permanent damage to Andre's
property and or to the brook or Podunk River. . .we met
with John at that time to see what we were going to have
to submit if we were going to have to submit anything
because more farm ponds, as I pointed out, without dams
are an allowed use under Farming Use. We also
were. .were . . .on house on this property so we didn't
want to run into a conflict with farming and residential
house. So that's one of the reasons we sat down with
John. The day we received the comments back. . .point out
that. . .during the time. . .clarified soil types. .to flag
the wetlands. . .I want to make sure that she explained
that to you. . . . . .
Raabe: For the record, my name is Joyce Raabe. . .Soils
Scientist. I'm the person who mapped the wetlands and
we have two maps here. One with the . . . .which is th
first one. . . . .so you can see the overall picture. . . .the
second page has the flag numbers. . .40 scale. The only
the wetlands soil types are listed on the second
page. . .100 scale map you see all the soil types.
Essentially we have. .pond area with the associated
wetlands around the edge. Over in the area that we are
not doing anything, an old barrow pit which is not
peat. .swamp. There is alot of mucky stuff in it and
tall trees, the whole thing. And then'this associated
area over here which is walpole, which is poorly drain d
area, not sopping wet, but poorly drained, and it does
communicate with the pond area here. Originally the,
your offical map showed that this walpole area extended
to the property line and I think beyond that a little
bit. This map doesn't show your official line however,
the area was not that extensive. There is lower area in
the middle of the field however as you get towards the
property line it gets higher and dryer. That's the,
that's the main difference from your official wetland.
Mr. Charbonneau has chosen to put a driveway in that
dryer area ov r to this proposed hous sit . Would you
like m to r vi w the proc dur that I usually us , I
think you are familiar with Soil Sci ntists.
O'Sullivan: question
Lombardi: Yes, Jerry
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O'Sullivan: the wetlands map then did extend beyond where the road
presently is?
Raabe: . .more this way
O'Sullivan: that's according to Town map and you verified it. . .
Raabe: yes
E
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O'Sullivan: that's not wetlands soil?
Raabe: no, it isn't. It's not dramatically different but it's
higher and dryer enough so that this area does not. . .
O'Sullivan: . .because of the elevation?
Raabe: yes, this is a low wet area. The low vegetation is
pretty much the same except that in this area you do
have. . .and. . . .wetland area. . .high and dry. . .I think. .the
contour lines. . . .
O'Sullivan: in your mapping of this area, did you, of course som
areas are obviously wetlands, you saw the brook at th
perimeter of the wetlands and determined that they. .
Raabe: . .holes. . .
O'Sullivan: yep, OK that's what I meant
Raabe: everywhere. .
O'Sullivan: you mean, you didn't dig a hole every two feet or
anything?
Raabe: the holes were dug, I would say, about every twenty or
thirty feet
O'Sullivan: . .entire
Raab started out here near the building doing some test pits
to see what the soil was indeed. . .wetland soil, bright
colors. . .and the whole thing. Proceeded down, picked a
spot that was looking wet and then just if you looked
out there it would look like moles had been out there.
O'Sullivan: see, you went away from that. . .but it was not wetlands.
Raabe: definitely in and definitely out and then you just keep
refining. . .
O'Sullivan: . .around th perim t rs. . . .
Raabe: . .this whole line, th whol wetlands lin is a s ries
of holes like one in and one out. If I'm lucky but
usually more than that. And the line is good for maybe
five to ten feet wide.
O'Sullivan: Over the rest, for just for my own identifcation. Over
the rest of the site other than the area across the
road, was your mapping in substantially agreement with
the Town map?
Raabe: Yes, patterns are very similar. I can't tell you
exactly, you know looking at that Town map. . .landscape.
The patterns are there. . .
O'Sullivan: OK, thank you. Oh one other thing. The current use of
I don't know if its a questions for you or Joe, the
current use this area, you said that was a farm pond, is
it farmed now?
? it was until recently. .
O'Sullivan: like within
? a few years
O'Sullivan: was it farmed after the pond was, has anything happened
to the pond? Did any. . .
Russo: I think it just silted in. That's what it looks like to
me because it starts. . .
O'Sullivan: . .maybe because the construction across the street.
Smith: . .naturally that's the process
Grace: the people that owned it leased it for farming up until
last year as far as I know.
O'Sullivan: OK, I just wanted to know. . . .
Russo: . .corn stalks. . .
O'Sullivan: yeh, I remember it years ago. I don't remember if it
was farmed in the last year or not, can't recall.
Lombardi: . .identify
Raabe: peat muck swamp. It's really a real deep depression ,
with steep slides and water at the surface when I saw
it.
Lombardi: What's the value of something like that or. .value of
that type of swamp?
Raabe: I'm not an ecologist. I r ally can't say. The tr s
are not in great quantity or quality. They . . .but th re
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are trees through here h6t in great shape. It looks
like, you know, a great place for frogs and toads. I'm
not an ecologist, I really can't tell you, I
wouldn't. .yet anyway they're not going to do. . . .I can't
really. . .
Lombardi: I was just curious
O'Sullivan: Box turtles in there
Lombardi: . . .the reason. . . . .thank you. More questions for this
young lady? Not at the moment? continue. . .
Russo: . .pointed out. .little further down to John's
comments. . .agreed that we are, we are filling in .07
acres of wetlands in this area here and we want to
create a . .in this area which is a little larger than
the area we're filling in. . . .point out as an area that
Joyce was talking about that is just
wetter. . . . . .requirements. . . .
Raabe: . .that's along the edge of the wetlands. You're
starting to see the mottling. . .to the surface. . .
Russo: inadible
Raabe: . .it's an open field now
Russo: . .it's an open field and it was being farmed, you
know. . .replace . .at the same time. . .and the reason. .a
comment from John's comments about a detail of the
concrete wall. At that time we acquire a building
permit we'll design a wall and provide a detail- for it.
The wall, itself is not being built in the wetlands.
It's on the upland side of the property. You also
mentioned about the existing buildings that are there.
Whether they are going to removed or not. I think th
house was burned and eventually we'll be removing it.
We just haven't done anything with it until we find out
what we're going to do with the property, whether it
will be a subdivision or something else. But at this
present time this, we'll just leaving them until we get
some decision as to what's going to happen.
Lombardi: . . . little gas station. .next to the house up there on
Miller Road or whatever it was?
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Russo: I wouldn't know that. . . .
Lombardi: . . .you can tell
Warren: . .no, there's a gas pump th re, yeh, but that was for
the farmer
Lombardi: I though it was a little convenience store.
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Russo: 'That I don't know about. . . .and if it is removed,
whatever you want to call it, the materials to be
removed. . .material. I assume. . .removed from the
site. . .it's not a problem. The created wetlands that we
have laid out are exactly the same elevation as they
area we were filling. They're both at similar
elevation. . .excavate. .put material back
in. . .grasses. . . .grassy area. That was there before and
we'll just going to try to make it. . . . .end up with
actually no net loss of the wetlands on the site.
My. . . .I thought it would be a good way to do it.
Lombardi: Joe, if I may. . . .I'm losing you. I'm looking at John's
copy and you are reading from something else. Can you
tell me where you are on this review, or. . . .so I can
just. . .who's on first
Russo: . . .Joyce just commented, No. 2 is just a comment. He
says just fits that so I didn't say anything about that.
He said that the proposed carriage shed exceeds 12' in
height. He again said there that we're not in the 40f
setback, we stayed out of the 40' setback in that
location so I didn't feel that was really a wetlands
issue because they said we can build it there and just
the 12, high must be. . . .
McCahill: . . .my only point is that this does not exceed 12'
. . .located. . .
Russo: But you also . . .be relocated and still stay under that
401 setback. . .so it's really not an issue. We talked
about the retaining wall. .provided the detail as we
progress and then we talked about the area of wetlands,
.07 acres. . .agreed with that and a talked, just talked
about the existing house and . .barn and
Lombardi: the reason I asked you so that we could get some
sequence . . . jumping all over the paper.
Russo: Alright, and there is an area southerly part. .create the
wetlands and that what I was speaking about at that
time, that we are creating wetlands of exactly the same
elevation. . .same material that we are removing and
planting on the fact that the same type of grass that's
there now. We did provide silt fence on the othersid
of the wetlands that we are creating because. . .dredging
of the pond ah you will see that we're protecting th
flow of water through the pond by the method that th
dredger has sugg sted and SCS agreed with. So if
there's any siltation, it will be. . .process. Ah you`
said th refs no indication as to wat r and s wer
service. . .will be provided. . .will be provided from Abbe
Road and we'll not be crossing wetlands. .shown that and
we're going . .into the wetlands area for the fact of
water or sewer. No. 8, possible flood elevation be
identified. .this plan is elevation 253 and you've got
that off the flood maps, the Town flood maps. . .dredging
of the pond which is actually part. . . .smaller and
associated with the creation of wetlands below that
elevation, applicant should contact DEP, FEMA, and the
Army Corp which I did. I talked with DEP/Cooper, he
said work it out with the Town. DEP would not get
involved. . .had to. . .if we diverting the stream or
changing the runoff of 100 acres or more and that they
had alot of projects, work it out with the Town unl as
we couldn't. . .couldn't work it out then I guess we'd
have to go back. . .and talk to FEMA and they didn't want
to see the plans. They said that dredging should
improve the floodway if anything, just. follow the Town's
specs or whatever the project requires. If they
reviewed every job in New England it would take them
years and they would never get anything finished but ah
when I talked with the Corps of Engineers and I have a
pre, pre, presubmission meeting with them. . .April. .what
we wanted to do and see if they have any
concerns. . . .headwaters . . .issuance of a nationwide
permit for approximately 2 1/2 or 3 acres of runof f-to
the area. It's possible they can issue the same
nationwide permit so before we submit I'm going down to
meet with your engineer, I've got an appointment and
we're going to go over what we're doing and see if
that's a problem. With that, that's the area of my
three agencies. There no construction concern on the
plan, this is true, it's an oversite. We were thinking
mostly because it was under the dredging of the pond and
all of that activity was going to stay right on
site. .haul anything off. Yes. . .should have a
construction entrance pad for the construction of the
house. We will add that, that's no problem. . . .very
briefly discuss the dredging operation. Well, that's
their opinion, I did discuss it relative. . .I'd like to
go over that plan. The dredging operation is a result
of, like I said meeting with the two soil conservation
agencies from Storrs and from Windsor with the dredger
and myself on site, the way the dredging operation is
and the way the narrative says is that we will come in
on the easterly side of the property. . . .drag line. We
would follow on the edge. . .excavate along this edge of
it and put a small berm going north and south in this
direction and ending at this location which is several
feet before the end of the present pond. The present
pond is a couple of feet deep and we're talking about a
distance of. . . . . .probably 65 feet before th end of the
pond we will stop. It is not my wish of g tting
involved with the outlet structure or anything to do
with that area so that we will not be cross d. We'll
leaving that exactly as it is, it's not changing, not
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changing the depth and it's not changing. the flow.
Everything will happen 65 feet to the south of the
outlet structure. And by putting that little berm
there, . . . .water. . . . .following that in a southerly, south
to north direction and bypass the area that he is going
to dredge. Then he's going to come in with a larger
machine on the westerly side and put down mats and
excavate the pond area and what what we wanted to do, is
the reason I guess is why we're here, is to put the
dredging material on the edge of the pond and allow it
to dewater there before we move into the area where
we're going to place it, in this upland area and around
this upland area. The reason we're doing that is
because we'll dewater, any silt will settle, then the
morning before he starts to dredge again, he'll take
the. . . .pumps taking the clear water off the top into the
channel and that will dewater that area again. It's
SCS's opinion and my opinion by doing that we will have
the least disturbance to the area. But we can put the
mats down, do the dredging, put the pile on the edge,
when it dewaters come back in here and load it on a
truck and then move it over here rather than try putting
on trucks and strewing it all over the area as you are
going in and out of the wetlands. That's the least
disturbance.
Lombardi: Question for you. During the dredging operation and th
dewatering, the pond that's up on top that the young
lady had alluded to, what's the contours there? Is that
going to drain that bog out significantly causing an
impact of changes?
Russo: I would gay no. . . .
Lombardi: . . .what's the contour?
Russo: Well, well they go spot crazy, 252.2 and our edge of our
well this is 250 so you are bound to. . .a couple of feet
of each other. We're not, we're still going to have
flow through there. We are going to maintain that flow
along the edge. . . . .
Lombardi: . . . . .OK. . .so you don't see a significant impact on that
area or draining of that area because of the dredging
operation?
Russo: No, because it's not going to be, it's not going to be a
long, long period of time. In actuality I mean your
going to have water in here at the end of the day
anyway. . . . .draining it dry. In other words we're not
going to pump it down. . . . . . .bone dry. So it's going to
remain wet during th operation and then. . . . .drain it
down so he can dredge again. . . . . . . . . . .it will fill up
again during the day.
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Lombardi: And while it is filling up, it's coming from what area?
From where?
Russo: Well, I think it's coming from where he's excavating
from the dewatering operation and I think it's pretty
much impossible to keep everything perfectly
dry. . . .water. . . I'm sure it's going to seep through th
soil.
Lombardi: OR, but the area 252 down to 250 could possibly have an
impact. . . . . .
Russo: . . . .I don't think so. . .full of water. It's between
. . . .full of water doesn't mean the area. . . . .working in
is kinda like a satuation period so it's not going to b
drained down at that point. I mean it's has to, it
would drain this all through. . . .the drain. . .the water
here before it would drain up here, that's closer
Lombardi: I'm sorry Julie.
Raymond: I'd like to make a motion to extend the meeting to
finish item, application presently plus items 10 and 11 r
and 12.
'Lombardi: inaudible f
Raymond: Well
Lombardi: . . .eleven o'clock?
Raymond: yes
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Lombardi: till eleven o'clock.
Raymond: till eleven o'clock
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Lombardi: is there a second on this motion? {
Raymond: you have it
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Lombardi: all those in favor signify by saying aye
Raymond: aye
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Lombardi: all those opposed
Lombardi: so moved, I'm all set
Russo: OR, that's number two and I think that that. . .dredge
material placed along the east sid of the pond and this
is it. When we finish all the dredging material . . . .go
back. . . .her . . . . . . .dr dging material. John says it
should b stabilized immediately and we agre with him,
stabilize immediately and get grass on it and of course
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we've got that all ringed with haybales.
Raymond: Question, what is the purpose of draining and dredging
the pond or getting involved in dredging or doing
anything to the pond?
Warren: irrigation.
Raymond: just for irrigation? And it cannot be used as it is for
irrigation for Dzen?
that's right
Russo: it's only a couple of feet deep. It doesn't hold that
much water.
Raymond: OR, thank you
Russo: We left a small island in it. Thought that was good
idea for nesting and for just animal life. John pointed
out that it should be stabilization of the area
because. . . .use some of the seeding, that the seeding
requirements we have on the backup plan. And it would
be, I think, it's a, I think its, its. . .banks will seed
it with our. . .with our. . .seeding specification as part
of this plan and seed it, it's called Pond and Banks
Seeding Mixture for that, and . . .advise you or not to
mow it because of the eggs from the animal life out
there. . .eggs and so forth laying . . . . Well, the outl t
structure, I guess I got confused back and forth between
John and us, it just, it's just an outlet . . .marked by
the structure and all of these overflow. . . . .that's the
way it is. That's the way it is now and that's the way
it is now and that's the way it's going to
be. . .changing. . .Ah but again the next one is 15. .it's
not a problem with. . .it's pointed out we're just
dredging it at the elevation required, it's not going to
change. You might get some slight storage increase as
FEMA pointed out just because if you have a low water
period that you'll get a little additional capacity
because it's bigger. But it's not going to
change. . . . .and that's it, that's all
Lombardi: You were just saying. .and you might. . . . .
Russo: . . .no, FEMA said, I talked to them by phone. . .they
said. . . . . .that the. .they didn't want to see the plan,
the dredging would improve the floodway if anything.
And just file any town specs that are required, you
know, for any construction etc. That they reviewed
many, many revi ws and th y really didn't want to be
involved. . .unless it. . . .major problem.
Lombardi. thank you, any questions?
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O'Sullivan: I just a, does thb town have specs on dredging?
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O'Sullivan: Does the state have specs, I mean is there. . .
Russo: . . .specs, when you say. . . .
O'Sullivan: I've seen dredging take place and you know in salt water
and it makes an awful mess and and I I just have visions
of this being a big muddy mess up there and and I I
certainly like to know more details about exactly
procedures, what are the specs and exactly where do th y
come from, who sets them, who monitors them. . .
Russo: I think we do. If not, if we set what the
contractor. . . .
O'Sullivan: . . .and the purpose of this is to make the pond deeper
for irrigation of what?
Russo: for Christmas trees and strawberries. It's for
irrigation of trees and frost protection. That's
specifically. . . .
O'Sullivan: . . .and there's not enough water in the pond to do that
presently? Apparently if he needs more capacity.
Warren: or the pond adjacent to it
Russo: there's is a pond. . . .
Warren: I know, which is Dzen's, right?
Russo: right
Warr n: that one isn't adequate either?
Russo: Well, a, he wants more, frost protection is my
understanding. I'm learning more about strawberries and
frost protection. I guess you can't have enough water
for frost protection.
there isn't enough water in the world
Russo: that's what I'm finding out because if you have a frost
one night after another night you can just pump it all
over. That's the way visialize. . . . .frost protection.
Warren: sorry Jerry
O'Sullivan: Oh, no that's OR, no that's help. . .let. . .why it was
necessary. But it, it does seem ah, the way you were
describing it ah, it says something in this narrative
her that drag, a drag line machine
Russo: that's a drag line machine. That's , the dredging is a
term that describes the process that is taking place, in
other words, material being dug out of a pond and
replacing it. The drag line machine is the particular
piece of equipment that is going to do this job.
this is a fact
O'Sullivan: what does it look like?
Russo: it looks like a crane with a bucket on it and it's got
an open face, throws it out, then drags it. . . . . .
Pekala: the closed carriage shed does not show any ingress or
egress, is it meant to be some driveway?
Russo: . . . . . just a, just a keep his equipment in there, mower
and stuff like that
Pekala: what you're saying is there'll be no driveway to it, no
driveway from it?
Russo: presently. . .I don't. . . .
Pekala: no, when a building is constructed I assume you are
going to have some construction work and moving of
vehicles or whatever.
Russo: you mean during construction?
Pekala: yeh, off of Miller Road
Russo: Oh, I'm not quite sure. Right now there's a hedgerow
along there and I don't think. . . .any access would
probably be either his own in drive or from here.
Doesn't really. . . . .there's is a driveway, of course,
right here by the house. I mean he's planning this new
one so. . . . . .
Pekala: planning it where?
Russo: the new driveway is coming. . . . .
Pekala: . . .no the old driveway, you said . . .old house
Russo: the old house right here, driveway. . .
Pekala: you're going to drive across slot of grass in order to
get to the carriage house. . .from construction. . .
Russo: well. . . .if you look at it, th refs a littl , th r 's an
elevation difference between Miller Road and h r . . . .and
I don't think he wants to disturb that becaus wh n he
gets through he going. . . .
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P kala: and John missed one item. He didn't ask in his
questions whether the pond would be deeded or not for
winter use.
Warr n: Yes. . . .north end of the pond I didn't quite understand.
Is that not going to be used? Right now the stream just
flows out past it, it's just meant to be an open flow?
It's not. . . .
Russo: yes, I guess so, it's just going to stay the way it is.
We're not changing it.
Warren: OK. Here's why. Here's why I was asking. It appears
to be blocked. No, really
Russo: I didn't notice it, well, I mean I didn't see anything,
we didn't do anything, that's way
are you thinking about the concrete structure?
Warren: concrete? Yeh, the concrete one
McCahill: . . .stuff that's been dumped in, doesn't serve as a
function
Warren: you're kidding, really?
McCahill: . . . .if you look along that edge. . .stuff. . .probably used
when they constructed that end.
Russo: used to dump there
Warr n: Oh, it doesn't go anywhere, Oh, OK. So there is no
manmade structures, it's just the way the stream flows
out of the pond
Russo: right
Warren: . . .I thought that was some kind of. . . .OK I'm sorry
Russo: and like I sav, we're staying as far away from it as
. . . .not get involved.
Warren: I haven't said. . . .planting. . .question. . . .I'm not sure
why I I actually. . .that's the way it was. It wasn't a
brush off it was something bigger than that, good sized
tree
Russo: that's all I have
Warren: Are there any indications of planting or anything?
Russo: Nope, not in th wetlands area. I'm sur he. . .build his
house. . . . .grass here. . . . .grass here. . . .specific planning
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no. . . .like I say no. 1666starting out just to get
. . . .dredging. . .concern with me and. . . .generally don't
ask for a planting plan
Warren: no, no
Raymond: how deep will the dredged pond be at completion?
Russo: the existing. . . .is 248.5 and we will take it down to
243.5. So we're talking about 16 feet maximum.
Raymond: 16 feet maximum?
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Russo: the width. . .
Raymond: no, I'm not going to go there and try to. -test. . .
Russo: . . .not going to do it, but
Raymond: OK and up to what point will it be six feet? From what
point to what point? Will it gradual slope with what
the. . . . .
Russo: . . .the gradual slope down in this area, 3-1, and
then. . .an inch then it starts. . . .well, it stays pretty
much the same. . . .back up to this point. Then of cours
the sides are 3-1 so that would be stable.
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Raymond: Yeh, and a kinda foolish question. Will this be pond,
once it's dredged, be useful for recreational use as
well as for irrigation?
Russo: Do you wants in six foot. I don't know. Recreational
use? Fishing, probably. I guess you could have( fish in
there.
Grace: I think it's going to be. . .
Raymond: Just out of curiosity.
Grace: I think it's going to be one home on private property
and I don't think it's going to be available to. .
Raymond: no, no, for recreational use for the owner of the
property. I'm not saying for the town. No, no, No I
just wanted tot . . . just curiosity
Grac you mean for skating or something?
Raymond: no, for them. I was just talking about for them, I'm
not talking about for town. . .
Russo: . . . .his property and I'm sure he can use it. . . .
Raymond: . . . . . . . . . . .no, just
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Russo: . . .there is a pond there now. . .
Raymond: I realize that. Right now, I just, presently and then
a going to depth and for irrigational purposes and
increasing the water supply, just curiosity
Lombardi: any other questions for this applicant?
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4 w 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
AREA CODE 203/644-2511 I
TO. James A. Lombardi, Chairman, Inland Wetlands
Agency/Conservation Commission
FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer
RE: Application #90-14P - Charbonneau Residence
Please accept this as a follow-up to my letter dated March
7, 1990. Consideration has been given to documents,
correspondence, and plans submitted up to this date.
IF APPROVAL IS CONSIDERED, S UDE:
1. The 90' x 90' buildable square, as required in section 5.1a
of the Zoning Regulations, shall be shown on the final
plans.
2. The proposed carriage shed, if relocated to meet zoning j
requirements, shall be located out of the 40' wetlands
setback area.
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3. A detail for the proposed retaining wall, associated with j
the driveway, shall be shown on the final plans.
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4. A note shall be added to the plans indicating that the
existing house, garage, shed, and barn are to be removed j
and that the material shall not be buried on the site.
5. Details shall be provided for the wetlands creation. This
shall include an excavation plan and specifications for the
wetland grasses. A silt fence shall be indicated on the
plans easterly of the wetland creation area.
6 . A note shall be added to the final plans indicating that
water and sewer will tie into existing services on Abbe
Road.
7. Documentation of contact and approval by D.E.P. , F.E.M.A. ,
and the Army Corps of Engineers shall be submitted to the I
Commission prior to any regulated activity taking place on
the site.
8. A construction entrance and detail shall be indicated on '
the final plans.
9. Additional d tail shall be shown for th dredging
operation. This shall include staging areas for dreading
equipment; and location and protection of dredged material
while dewatering takes place.
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James A. Lombardi Page Two March 26, 1990
Application #90-14P
10. A note shall be included on the plans stating that all
dredge material placed around the pond is to be immediat ly
stabilized with the pond banks seed mix.
11. The areas which function as the inlet and outlet to the
pond shall be evaluated to determine if they need
additional permanent stabilization.
12. A note shall be included on the plans stating that the
proposed island area shall be immediately stabilized with
the pond banks seed mix.
13. The outlet structure, as shown, shall be removed from the
final plans.
14. The overall redesign of the water storage of this area
shall be evaluated to ensure that there is not a problem
with flood storage capacity. A copy of this evaluation
shall be submitted to the Commission prior to any regulated
activity taking place on the site.
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1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074
'liy .��.1►�` AREA CODE 203/644-2511 '
March 28, 1990
Mr. & Mrs. Andre L. Charbonneau
311 Felt Road
South Windsor, CT 06074
Dear Mr. & Mrs. Charbonneau: -
Re: Application #90-14P
At the March 26, 1990 regular meeting of the Inland
W tlands Agency/Conservation Commission, a motion was made to table
Application #90-14P, Charbonneau Residence. The Commission requ sts
a better clarification of the dredging operation and how it will be
don without a negative impact to the immediate area and downstream.
In addition to clarifying the dredging operation the Commission feels
the enclosed suggest approval conditions, which are a result of Mr.
McCahill's original comments, should be resolved before granting
final approval.
This application will be tabled under old business and I
would recommend that someone appear before the Commission to addr ss
th concerns.
Thank you for your attention to this matter.
Very truly yours,
2e14
s A. Lombardi, Chai
Inland Wetlands Agency/
Conservation Commission
JAL/pmm
cc: Joe Russo, Palmberg & Russo, 15 Barber Pond Road, Bloomfield,
06002
Wetlands file
John E. McCahill, Zoning/Wetlands Enforcement Officer
Attorney William E. Grace,
V LAND SURVEYORS & ENGINEERS
1 SHOHAM ROAD P.O.BOX 358 • EAST WINDSOR,CONNECTICUT 06088 • TELEPHONE(203)627-0481
WILLIAM R. PALMBERG, LAND SURVEYOR JOSEPH R. RUSSO, PROFESSIONAL ENGINEER
Page 1 of 2
April 16, 1990
lit 9
APR 20 399�
Town of South Windsor
1540 Sullivan Avenue South Windsor
South Windsor, CT 06074 INLAND WETLANDS AGENCY
CONSERVATION COMMISSION
Attn: Mr. James A. Lombardi, Chairman Inland Wetlands Agency/
Conservation Commission.
Re: Application # 90-14P - Charbonneau Residence.
Commissioners:
It was requested that documentation of contact and approval be provided
to the Commission.
Mr. Russo of this office personally contacted the following persons about
this project and their comments are listed below:
A) FEMA - 3-12-90 - This project was discussed with FEMA's Engineer, Mr.
Kevin Merle. It was his opinion that the dredging of the pond would
improve the floodway. He advised us to follow any Town Specifications
that would apply to the project.
Mr. Merle did not want us to submit any plans to him.
B) Connecticut D.E.P. - 3-15-90 - The above project was discussed with
Mr. Doug Cooper from Connecticut D.E.P. He advised us to work with
the Town, and that they would only get involved if we were dive;ting
the stream or changing the runoff from 100 acres or more.
C) S.C.S. - March & April - We have had several meetings with Mr. Steve
Cote and their engineering representative from Storrs about this
project. Some of the meetings have been on the site with Mr. John
Dzen, the future user of the irrigation pond, the Dredging Con-
tractor and S.C.S. representatives. The plan and dredging procedure
that we have proposed is a result of all these meetings. We intend
to continue working with S.C.S. throughout the completion of this
project.
D) Army Corps of Engineer - 4-10-90 - This office had a meeting at the
Corps Regulatory Office in Waltham, MA. with Nancy Derey-Wilson and
Philip Nimeskern for a presubmission meeting.
It was their feeling at this time that we would most likely fall into
a status of a site at the headwaters of a stream and would be in the
catagory of 1 to 10 acres for the project. These rulings could put
us in a position to receive a nation wide permit.
LAND SURVEYORS & ENGINEERS
1 SHOHAM ROAD • P.O.BOX 358 • EAST WINDSOR,CONNECTICUT 06088 • TELEPHONE(203)627-0481
WILLIAM R. PALMBERG, LAND SURVEYOR JOSEPH R. RUSSO, PROFESSIONAL ENGINEER
April 17, 1990 Page 1 of 2
T121y
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Town of South Windsor APB 20
1540 Sullivan Avenue
South Windsor, CT 06074
South Windsor
Attn: Mr. James A. Lombardi, Chairman, Inland Wetlands Agency INLAND WETLANDS AGENCY1
Conservation Commission CONSERVATION COMMISSION
Re: Application# 90-14P - Charbonneau Residence.
Gentlemen:
Below is listed the action taken by this office with regard to the
"suggested approval conditions" from Mr. McCahill's letter of March 26, 1990.
1.) The 90' X 90' buildable square, as required by section 5.1a of the zoning
regulations is shown on the plans, revised 4-12-90.
2.) Proposed carriage shed has been relocated and now is 100' from the pro-
perty line and 40' from wetlands.
3.) The detail of the retaining wall is shown on the revised plans (4-12-90).
4.) A note has been added to the plans indicating that the existing house
and garage shall be removed and the material shall not be buried on site.
5.) Details have been provided on the revised plans (dated 4-12-90) for the
wetlands creation, also silt fence has been indicated on the easterly
side of this area.
6.) There has been a note (9) added to the revised plans (dated 4-12-90) that
the domestic water will be connected to the existing service on Abbe Road
and the sanitary sewer will be tied into the existing sewer on Cornfield
Drive by way of an easement.
7.) Documentation of contact is being provided under separate letter dated
April 16, 1990.
8.) A construction entrance detail has been added to the revised plans.
9.) An addition to the plan, sheet 3, has been added providing additional de-
tail of the dredging operation.
10.) A note has been added to the revised plans (dated 4-12-90) stating that
all dredge material placed around the pond is to be immediately stabilized
with pond banks seed mix.
Page 2 of 2
11.) • The revised plans show the inlet slope f latened to insure that add-
itional stabilization will not be required. The outlet area
• has never been disturbed on any plan, and will not be disturbed from
it's existing functional status.
12.) A note has been added to the plans stating that the proposed island
area shall be immediately stabilized with the pond banks seed mix.
13.) The word "stucture" has been removed from the plans.
14.) It is proposed to excavate existing land at the southwest corner of
the pond. This area averages about 6 inches higher than the existing
pond elevation of 249.5. The removal of this material will provide
about 18,000 cubic feet of additional flood storage, but since we are
at the headwaters we feel this is of very little significance. Our
conclusion is that the proposed plan will have no significant effect
to the floodway.
If you have any questions please feel free to call. Thank you4
Very truly yours,
loe�
JoseA R. Russo, P.E. & L.S.
Palmberg & Russo
JRR/bah
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PALMBERG AND RUSSO [LIEUTER VF lrllr,�ROOM TTUd
P.O. Box 358 1 Shoham Road
EAST WINDSOR, CONNECTICUT 06088
DATE 4-19-90 JOB NO. 89110
(203) 627-0481 ATTENTION
TO Town of South Windsor
meet officer.
1540 Sullivan Avenue Re: Charbonneau'
South Windsor, CT 06074
APR 0
{ INLAND WETLANDS AQbjCyj
> WE ARE SENDING YOU I] Attached ❑ Under separate cover via mail the WighwA
❑ Shop drawings L Prints ❑ Plans ❑ Samples ❑ Specifications
KI Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
2-15-90 5 5 Residence Mr. & Mrs. Andre L. Charbonneau
Abbe Road South Windsor CT Revised 4-12-90
4-16-90 2/2 Letter to Mr. Lombardi Application# 90-14P
1 4-17-90 2/2 Letter to Mr. Lombardi Ap lication# 90-14P
F_
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
Rl For your use ❑ Approved as noted ❑ Submit copies for distribution
> X1 As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS Please note that the first set of plans has Page 3 of 5 colored.
COPY TO
SIGNED:
Pwrooucr24a2 ®iIx,Qft Ma 01471 If nd suns are n t as not d, kindly notify us at once. p
44
LETTER OF TRANSMITTAL It Ion s
PLANNING DEPARTMENT i
y TOWN OF SOUTH WINDSOR ,., �►��
1540 SULLIVAN AVE.
SOUTH WINDSOR, CT 06074
(203) 644-2511 Date = ' ,:L?Sb
TO: ice
��vr �iYt 6t/
WE ARE SENDING YOU:
C3 P&Z initial plans 0 Drainage comps
C1 P&Z final plans C3 Bond estimate requests
O Inland Wetlands plans Q Bond reduction requests
C1 Final plans for filing O Change order form
CM Other J' Correspondence
Copi s App. No. Project
THESE ARE TRANSMITTED as checked below:
15 For review and comment AEr For your file
C7 For your use 0 Returned with revisions
E=1 As requested
0 Oth r -
PLEASE RETURN/COMMENT BY: (k AA:!4 t 91 O
COMMENTS:
a ISO t%&V _ c-erce j V-Cj P"L A10 .S L,&.kl
Copy to: From: - i/c�
United States Soil no
Department of conservation 627 River Street MAY t 0
Agricultur Service Windsor, CT 06095
Phone: 688-77Z South Windsor
INLAND WErLANOS AGENCY/
A �1�1�1tM11llil0�
TO: Denise Conkling, District Manager
Hartford County Soil and Water Conservation District
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FRCM: Steve Cote, Soil Conservationist
USDA-Soil Conservation Service
'
FOR: Joe Russo, and Palmberg and Russo Surveying Engineering
RE: ANDRE CHARBONN AU — PCND CLEANOU T AND EDUARGEMENT SITE PIAN REVIEW
ABBE ROAD, SSOUrH WIN1MR, CT
F
On April 30, 1990 a review was completed regarding the proposal from Palmberg
and Russo to enlarge and increase the depth of a pond on the property of
Andre Charbonneau. Pages 1,2,4,5 dated 2-15-90 and page 3 dated 4-12-90 were
reviewed. Coa<lnirents are made to address the dredging and associated plans for
the pond only. Evaluation of the site plan is based on SCS criteria for
excavated pond design. The following comments which are offered for your
s
consideration.
-SCS calculations based on the existing and proposed contours and depths
as shown on the plot plan (page 2 of 5) show that approximately 148,500
cubic yards of material will be excavated. Pond water capacity will be
about 21,8001,000 gallons with side-slopes at 2.5:1 at an average depth of
6.5 feet. The choice of temporary de-watering sites, sizing and number
of sites appears reasonable and well thought out. Fill areas for final
dispersal of the de-watered excavated material appear adequate also.
-The phasing of dredging operations (as shown on page 3 of 5) should
minimize as much as possible, the inpact of dredging activities on
downstream waters. Although the existing inlet of the stream (the point f
of discharge of streamtwater into the pond) is not planned on being l
disturbed, if future irrigation drawdown excedes' stream inflow rates (the
pond water level is lower than stream level) the streaabed could erode
headward causing sedimentation of the pond, the Podunk River and damage
to the streauted. It is suggested that protection of the stream inlet
area be considered in planning. Inlet protection could include the use
of rock rip-rap or other armoring measures that would handle expected
peak flows and that would protect the area of the stream and pond bank
that would to be subject to erosion during irrigation drawdown or natural
low water level.
4
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Th Sol Con ervation Servi e
is an agency of the
Department of AgricuRure f
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J
AI�DRE CHARBO AU - PAD AND SITE PLAN REVIEW
ABBE ROAD, SOOTH WINDSOR, Cr
Page 2
4/30/90 F
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-It is recannended that calculations be made on the amount of irrigation
water required, season of peak demand, rates required and the adequacy of i
the pond to meet these requirements. If water is required for frost {
protection, irrigation requirements must be estimated. Calculations of
irrigation water needs are important to determine adequacy of the pond to
meet demand and in this situation to also ensure that a base flow is j
maintained in the Podunk River. Loss of base flow in a perennial
watercourse could severely impact aquatic life. Information on
performing irrigation calculations and gathering the necessary data is
available from SCS.
-'While the erosion and sediment plans are basically adequate for the
planned activities on this site, it is recommended that an erosion and
sediment control checklist be used to help ensure that measure
installation and maintenence occurs when necessary. The person
responsible for installation and maintenence of these measures should be
named on the site plan and the checklist. A checklist has been enclosed
as an example. E
I
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-If the excavated material contains a large amount of silts, clays or
material that will take longer than anticipated time to de-water or
weather conditions prohibit the timely (more than 60 days) removal and
final disposition, the stockpiles should be seeded to annual ryegrass at
a rate of 1.0 pounds per 1,000 square feet. Seeding dates are from
3/1-6/15 and 8/1-10/1. Other temporary measures should be used if the
seeding dates can not be net. Temporary measures should conform to the
guidelines contained in the CT Guidelines for Erosion and Sediment
control or SCS Technical guides.
Enclosure
CC: John McCahill, Zoning and Wetlands Enforcement Officer
Town of South Windsor
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WI MAx E. GBAa m
ATTORNEY AT LAW
3
1740 EILI"GTON ROAD
SOUTH WD DSOR.CONNECTICUT 06074 `
(903)844-88d7 oil.10
11 1990
FAX(803)644-7018
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CONSERYKn
May 11, 1990
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Town of South Windsor r
1540 Sullivan Avenue
South Windsor, CT 06074
INLAND WETLANDS AGENCY/CONSERVATION COMMISSION
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RE: APPLICATION NO. 90-14P
MR. & MRS. ANDRE L. CHARBONNEAU
MILLER ROAD/ABBE ROAD
Dear Commissioners: G
The Applicants hereby grant the Commission a thirty (30) day
extension in which to act on the above-captioned application.
Very truly your
William E. Grace
Attorney for Applicants
WEG/att
cc: A. Charbonneau
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LAND SURVEYORS & ENGINEERS
1 SHOHAM ROAD • P.O.BOX 358 • EAST WINDSOR,CONNECTICUT 06088 • TELEPHONE(203)627-0481
WILLIAM R. PALMBERG, LAND SURVEYOR JOSEPH R. RUSSO, PROFESSIONAL ENGINEER
May 17, 1990 ��
Lt�i� Ti"
MAY 18
Town of South Windsor
1540 Sullivan Avenue South Windsor
South Windsor, CT 06074 INLAND WETLANDS AGENC"
_jM4ERVATION COMMISS'0"
Attn: Mr. James A. Lombardi, Chairman, Inland Wetlands Agency,
Conservation Commission
Re: Application #90-14P - Charbonneau Residence & Irrigation Pond.
Gentlemen:
The following information is offered in response to the Soil Conservation
Service letter dated April 30, 1990.
1.) We are submitting attached, a detail of the area of inlet of the stream
showing Rip-tap placed at the completion of dredging.
2.) The water requirements that are being planned on for irrigation and frost
protection during Season peak demand will be equivalent to a one (1) foot
draw down or 500,000 gallons. This would be accomplished in a time period
that would not create a loss of base flow. To further insure that base
flow is maintained, a small pump could be operated and discharged in 'the
channel downstream of the pond and a tee and valve installed in the dis-
charge line of the large irrigation pump and a hose connected from this
tee and also discharging in the channel down stream of the pond to be used
in the event of failure of the small pump to maintain base flow. It is
this office opinion that these safeguards will provide for a very good
irrigation and frost protection operation.
3.) We have added a erosion and sediment control checklist to the plan to help
ensure that installation of sediment controls and maintenence occurs when
necessary. The- person responsible for installation and maintenence of these
measures (Mr. Charbonneau) is named on the plan.
4.) If it is anticipated that the excavated material will take longer than nor-
mal to de-water or weather conditions prohibit the timely (more than 60
days) removal and final disposition, the stockpiles should be seeded to
annual ryegrass at the rate of 1.0 pounds per 1000 square feet. Seeding
dates are from 3/1-6/15 and 8/1-10/1. Other temporary measures should be
used if the seeding dates can not be met. Temporary measures should con-
form to the guidelines contained in the CT Guidelines for Erosion and Sed-
iment Control or SCS Technical guides.
Very truly yours,
Jose R. Russo, P.E. & L.S.
Palmberg & Russo
cc: John McCahill
Attorney W. Grace
t low
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1540 SULLIVAN AVENUE • SOUTH WIN DSOR. CONN. 06074
AREA filly 343/6ftf
TO: James A. Lombardi, Chairman, Inland Wetlands
Agency/Conservation Commission
t
FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer
RE: Application #90-14P - Charbonneau Residence
Please accept this as a follow-up to my letter dated March !
71 1990. - Consideration has been given to documents,
correspondence, and plans submitted up to this date.
IF APPROVAL IS C0ESIDE3=, SUSGRSTED APB CONDITIORS I R:
i
1. Rip-rap shall be placed in the area of the stream inlet.
This shall be shown on the final plans.
2. When using the pond for irrigation the base flow downstr am
of the pond must be maintained.
3. An erosion and sedimentation control checklist shall b
added to the final plans.
4. If it is anticipated that the excavated material will take
longer than normal to de-water or weather conditions
prohibit the timely (more than 60 days) removal and final �
disposition, the stockpiles should be seeded with annual
ryegrass at a rate of 1.0 pounds per 1,000 square feet.
Seeding dates are from March 1st - June 15th and August 1st i
- October 1st. Other temporary measures, in accordant, !
with Connecticut Guidelines for Erosion and Sedimentation
Control, should be used if the seeding dates cannot be met.
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IWA/CC MEETING OF MAY 21, 1990:
Grace: This is for Mr. & Mrs. Charbonneau's home on a parcel of 28
plus acres on the corner of Abbe Road and Miller Road. We
were here last time. We had Joyce Raabe with us, the soil
scientist. Since then we've had a report submitted from St ve
Coty who is the Soil Conservationist. So we just wanted to
bring you up to date as to some of the questions that John had
last time.
Russo: Just like to briefly, we did this color. . . just so we could
follow the phases. It just illustrates what we talked about
last time, hoping we'd make it a little clearer between phase
1 which is along the eastern side of the pond, this is the
pond area, and preliminary-work is to be done to channeliz
the flow while the dredging operation itself is going on which
would then be in phase 2, 31 4, and phase 5 would be to take
the temporary little, berm out and a in each case the watering
sites are colored in green. Silt fences in red and craneway,
the proposed crane travel areas are in dark blue. . . .in brown.
This was submitted also to the soil conservation service. Two
or three times we met with them but the last time this plan,
the exact same plan was submitted to them and the comments
that you received back were based on this plan and the only
thing that they asked significantly was to put some rip rap in
this area which I submitted to John this smaller scale plan
rather than revising the whole thing just a plan showing the
rip rap area.
McCahill: You should have that as a handout,. It was on your . . . .
Russo: You probably have it. This is just another copy of it.
That's this particular area is really where the rip rap would
be. This is the same location. Another thing you wanted was
to put the person to be notified on the plan which we've done
and also to put a checklist on the plan so that it would be
monitored as the work progressed. Seeding schedule, also
which has also been added to the plan. I think we've
addressed all the comments that have come from your offic and
from the soil conservation office.
McCahill: . . .briefly the history on the total process. Originally
when I wrote this up I think there was about fourteen
comments that I'd made and those basically boil down to
nine approval conditions. The plans we have now on th
table have incorporated all of those nine approval
conditions. Subsequent to that he got some input from the
soil conservation service and now which you have before
you tonight is about another four approval conditions that
I would make in response to the total package and total
correspond nce that has been submitted so far. He has
addressed all the original comments that I had revi wed
the phasing plan and I don't have a problem with it. I
think it depicts fairly clearly what's going to be taking
place out there. . .it's just a matter of whether or not the
Commission can live with the activity that will be under
the permit.
Grace: You must remember the pond is to be used by Dzen for
irrigation of strawberries in the field next door sq it really
is a farm ond. The reason that we filed everything toga er
is ecause theIhouse and carriage shed . . .plans. . . .approval
then can go to the building department. . .building permit at
least for the house and get started (terrible rustling of
papers)
I wonder what's up in the back.
Holcombe: can we ask questions?
Warren: yes, I'm sorry Jeff
Holcombe: could you offer us further evidence that this is indeed
under the designation "farm pond" and will be used as an
irrigation pond and be a little more clear as to what will
be irrigated etc.
Grace: well, let me answer your question. I guess we originally
started, there was a thought that if it was a farm pond as to
regulation aside that there, the question as to whether it
would be built without it and we had this discussion with John
and we decided to come before you whether it be farm pond or
not even it was going to be pond. The agreement is with the
neighbor, the Dzen Farms, . . .house upon. .
Russo: . . .Dzen Farms, if you're not familiar with the Dzen Farms,
irrigation to the north of this property. . .right along this
property. Prior to Mr. Charbonneau, Mr.
Charbonneau. . .Dzen. . . .prior to that time, I don't know what
the relationship is, but in this case the relationship is such
that they have no access to this pond. One time this was a
farm pond. It was used in conjunction with this pond for
irrigation etc. There are old poles down through there where
they had electric pumps they obviously used. Over a period of
time we, we, we, tested the prime, probed the prime what the
silt build upland part of it is silt build up, so it's my
assumption that over a period of time that the pond is silted
up and became shallow and to be used as an irrigation pond for
irrigation of Christmas trees and frost protection which m ans
that this time of the year when you get on unscheduled frosts
they have to, have to run water on it to get the frost off so
it doesn't kill the strawberry plants. And they don't know
when this is going to happen, th y don't know how many days
it's going to happen. It's
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an unpredictable kind of protection that they need.
Holcombe: excuse me, where are the strawberries?
Russo: on the farms, here. Dzen Farms is right up in here.
Holcombe: when I walked out there, I thought it was all trees
basically. That farm looked like a nursery. There may be
strawberries out there, I didn't look. . . .
Russo: . . .strawberries are in the. . . .
Warren: . . .I think they are, they're further down
Russo: . .they're further down? . . . .cottonwoods that maybe
Holcombe: OK
Russo: . .if it' on that farm, they can reach
Holcombe: OK
Russo: and they can reach it
Holcombe: so another pond. . . just isn't worth this. . .property
Russo: yes, there is
Holcombe: property
Russo: and that's what they have been using in the past. But this
now makes it available to them additional water that was not
available to them before and they want to make use of it and
that's the purpose of this. I'm sure that sometime earlier
before siltation and natural vegetation grew in there that
that pond was deeper. I mean that, . . .for sure this was made
by some farmer at one time. I mean this this this just didn't
be created at the time the earth was. . . . .someone put this
embankment there which caused this to be a pond and over a
period of time it's become silted
Holcombe: so there is a dam there?
Russo: well, there is an enbankment. Ya
Holcombe: right
Russo: so I mean, that was created at some point to make that useful
as an irrigation farm pond
Holcombe: right
Russo: and what we're trying to do is to redig it back to a
usable jrrjaatj= farm pond
Warr n: could you refresh my memory, if we, and I was maybe
reading your material as ypu mentioned it tonight. Ah,
what protection you provide for the stream when you're
actually dredging the pond to prevent a lot of silt
washing down.
Russo: OK. We had meetings with the soil conservation people on
several occasions. And Mr. Carney, who is a well known pond
dredging person and one we have been in contact that do this
work and myself, and we've come up with a scheme that he can
work with and live with. And what that is, is to go in here
and put a small crane just dredge some material, just put a
small embankment along here where this hatching mark is
Warr n: uh huh
Russo: and you can do that without making a 'great deal of disturbance
because even if we have to, can always provide something to at
this end to keep the siltation from building up because that's
not a big operation. That's a small, small operation. Once
that's done, he's going to continue out across here which is
the lower end of the pond, and that will cause a :main part of
the where the stream or a brook to travel in this direction in
and out. Then he's coming back up here, and he's going to go
back up into phase 2 and he will start dredging
Warren: OK, wait a minute, no, I understood that when you
explained it earlier. I'm just, and is there going to be
actually something across the stream at the time you're
dredging so it doesn't. . . .
Russo: at the time he's doing the actual large dredging, there won't
be anything across the stream. . . . .
Warren: . . .I was thinking of the outlet
Russo: . . . .outlet
Warren: . . .only of the outlet. . .was I, no
Russo: not at the time of. . . .
Warren: continue the flow so you're going to lose some silt
downsteam. Just from the . . . .
Russo: no. . . . .
Warren: . .from the action. . .
Russo: . .not at that point. Because at that point he's going to
f
have the water directed around his dredging. . .
Grace: hopefully, it's not effective
Warren: Oh, I see, Oh, I see.
• a
Russo. . . . .berm this up as he goes out. . . .
Warr n: alright
Russo: . . .throw a berm, which he would just cause the water, this is
not very deep right now, you will have to understand
Warren: ya
Russo: understand
Warren: right
Russo: you're talking about a couple feet of water
Warren: OK, I didn't really understand
Russo: it's a small operation to get this built
Warren: uh hum
Russo: you know you're not talking about ten or twelve feet of water
then you got a big problem but. . .
Warren: he'll never be working actually in flowing water?
Russo: yes, that's right
Warren: that's what I want to understand
Russo: . . .disturbing any area you leave overnite and the next morning
when it settles out, you know the water settles
Warren: uh hum
Russo: the top water becomes clear, you will drop a pump in there and
you'll pump the water out, start dredging again the next day.
Warren: OK
Russo: and you're going to do this each day. He's done it many times
so he's got a pretty good system down. The minimum of, and
one thing I was thinking about this morning is coming over
here to answer your question in I worked on several jobs
around Vernon Circl etc. , with the State Highway Department
on projects. We put haybal s and then anoth r set of
haybal s, another s t of haybal s, we
F
`C
j
stopped all ourselves. But each time it would rain, just off
the farmland around the turbidity of the water, runoff, and
you couldn't do anything about that. But everything we were
doing on construction, we stopped but I was watching water
like that go by me on the other side of my haybales. So it's
a question of what is, you know it's the idea is, I'm sur
that a small amount of turbidity in the water is not, ,is not
going to cause any problems because , I'm sure, heavy rains,
you have the same problems. If we don't do anything ther
you'll have that. So what I'm saying is that in the process, {
if you get some . . .water, I don't think it's a major probl m.
Just that we don't want silt running down . .
Holcombe; it's my impression that in dredging operation is done in
water. Phase 1, I guess phase 3, 2, and 4 there, are
those in areas where there's now water or those in areas
where there is wetlands vegetation presently?
Russo: the pond, the right half . . . . . .
Holcombe: so this is all water?
Russo: this is like ah 6" , 4" of . . . .water which means to me in a
process so we can use that . . .in this area
Holcombe: . .also vegetated with the
Russo: no just grass
Holcombe: sedges
Russo: rats, right j
Holcombe: (slot of disruption) . . . . .that's I guess, ah, ah major
distinction. Ah and also alot of cattails of the edge
bordering the pond which is an indicator of wildlife
habitat and substantial wetland vegetation. . .
Russo: well, now you've got to remember though back when we get
through we've going to have. . .being here and here
f
Holcombe: right
Russo: a larger, it's just going to be larger water area. It will
still be
Holcombe: right
Russo: the vegetation, in fact, one of the ecologists from SCS
earlier was to . . . . .3-1 slope and it was their suggestion
that. . . .and. . .float. . . .adjacent to this area . . .'to. . .our
successful for duck and wildlife (papers rustling) go back to
th type of veg tation that . . . .species
t
' f
i
If
f
Holcombe: and along the western boundary? what will that be like?
Russo: this is, (papers rustling) all along this line. This is we
haven't changed (papers rustling)
Holcombe: staying where they are (papers rustling)
4
Russo: from here to here is the only area we are changing the edge.
Holcombe: but your dredging phase for phase 2
Russo: we're making the water deeper
r
Holcombe: you're not dredging any vegetation only where the wat r
is?
Russo: right. Another place we're agetation is in this
phase 3 -areat of i e edge.
We're just dredging (papers rustling) we're excavating--the
material where the water is.
Warr n: Kathie
Brady: Ya, uh, that phase 3 at the end there where you said you were
making it larger, what is there now, is it dry land or are-are
there any trees that are going to be cut there?
Russo: no, there is no trees.
Brady: another question. When I was out there, I noticed some stakes
set back from the pond area 20 to 30 feet back. Where, what
do those stakes mean? Is that, is it, I'll show you, right
McCahill: I think you've got the house staked out up there Joe
Russo: we've got the house staked out. . . .
r
Brady: this is the pond right about here. I'm just wondering if this
is going back further. . . . .if the pond is really where it
is. . . (papers rustling)
f
Russo: where it is, is where it is.
Inaudible between Holcombe, Russo, & Brady
Brady: OR
Russo: and not's changing any. . .the water. . .not changing in that area
McCahill: the house?
Y
4
Brady: it's way down, it's further down towards. . . .
f
f
Russo: it could be a wetlands line mark
t
Brady: they did not have any blue on them. They weren't wetland
stakes.
Russo: they may have been federal wetlands but not Connecticut
wetlands. No that's true. I think we have a federal wetlands
line marked there which is vegetation and soil and . . .
Holcombe: ah, you mentioned seeding, some reestablishment of
wetlands vegetation after the project, would you point
that out for us?
Russo: It's right along this area here. It shows better on the
house, you know, the planning of the house. It is right in
this area.
Holcombe: and could you describe what the shoreline would be lik
in he northern nor Qom? . W 1, above that�in- yie
�...,.._
dewaterinar_ What's the vegetation going to be
likethere? - . ,�._A..ti.m.�..,.w.N�.. ,....._.,..w...._..,....�._.._..�_...� _.,
Russo: you mean after everything is over?
Holcombe: yes
Russo: It's going to berass
Holcombe: it's going to be essentially lawn down to the water?
Russo: well, it's, it's
Holcombe: where the cattails are now?
Russo: well, I expect there's. . . .area, we're not going to be changing
those. We going to put, if it's, it, if's it earth, it's
going to be lawn
Warren: SCS didn't make any comment about seeding the banks with
. . .
Russo: SCS made the comment about temporary seeding and ah. . .
Warren: . .yeh, right, I saw that.
Russo: . . .pond mixture, the island that we did earlier, that we
talked about earlier. I didn't, you know, they didn't talk
about it again.
McCahill: . . .already addr ss d. . .
Russo: yeh, we addressed that earlier in. . . . .
Warren: oh, oh yeh, ok
Russo: that's why they didn't say anything this last time
Warr n: 0, alright
Warren: are there any other questions? Jerry
O'Sullivan: your application says dredging the section of the pond
and adjacent wetlands. So you. .application. .wetlands
in addition to the pond. OK I thought your answer to
Jeff's questions was that you were just going to
dredge where the water is.
Russo: No, I did. No, I did. In phase 2 and 4 and part of phase 3
we're going to dredge
O'Sullivan: where the water is. And then
Russo: part of this phase 3 is the part that is wetlands that we are
going to dredge them.
O'Sullivan: In the beginning when we started talking about this
tonight, there was a question whether this is a farm
pond or pond and I think Bill said, "it's either" .
Grace: I'm saying that the 28 acres is to be used for a Eersonal
residence and a personal-pond of the ar onneaus. This is
e one house on t ot. What he is trying to o with the
neighbor is to, and Dzens go back and they've been business
friends for years, is to give him access to the pond if he
needs it as a farm iDo when we origina y are we were
ust going to do a farm pond and that's it. The idea was to
let you see everything, the house and everything that was
going to be done with hopefully a farm pond that is used when
the Dzens are in trouble. And that's basically what it's for.
If they use the farm pond up above and they don't need this,
than fine, but I assure you that for =. Charbonneau's house
this will be one beautify Riga and 11 done. So, it's a
farm pond when needed but basically it's going to be a pond
that also is adjacent an individual's house. And that is all
that's going to be on the 28 acres.
O'Sullivan: and so its. . . .
Grace: farm pond or personal pond
(laughter)
O'Sullivan: OK, I, I guess my feeling is. . . .
Grac . . .I tried to give you the. . . .
I
O'Sullivan: my feeling is a farm pond has, I don't know how to say
this ah, a farm Donddifferent value than a
private von and enlarging the farm pon or even
creating_a_f arm_ pond is is a goo u nd. Ah,
a vaIue� m '"aest etica 1
,. . .it's ve � nice with grass to t e water but it has a
if ferent chars ec r than a farm pond.
Grace: Mr. Dzen has been active in this because it's so important to
him that, that what Joe says that if they have a couple of
frosts in the spring and they don't have access to water, they
just lost everything. So he's an active participant in the
whole process, so.
Russo: He met with the Soil Conservation. . . .
Grac : He's been involved. . .
O'Sullivan: Is this, is this an agreement in writing between Mr.
Charbonneau and Mr. Dzen that he can use the water
when he needs it?
Grace: Guess you've got to have some people that don't have to have
everything totally in red. I know that's hard to believe
coming from a lawyer but. . . . (laughter) that's not the way
these people operate. If he needs the water, he takes the
water. Am I correct? That's the way they operate. . .
O'Sullivan: Well, I was just ah, I want to put it into the
character of either one or the other. . .
Grace: . .can't. . .it's a farm pond, 100% because that's the reason C
that, besides that, it's going to be on a piece of property
that, its an eyesore that hasn't been taken care of. Ther is
a house on there that has been burned down ah so add it all
together it's a farm pond that is very much wanted by somebody
who will try to keep in business in South Windsor and prot ct
it a little bit. That's really what it is.
O'Sullivan: OR, but to get back to it for a little bit again,
there ;s wets a ��=�+� t tiond and its going to become
less wetly re o ait dhie'-s- lose
wet ands value and it increases the o . .
Grace: . .wetlands being recreated, am I correct? And ah. . . . .
Russo: . .isn't that so the pond is wetlands too?
O'Sullivan: it's a different type. . .
Grac . . .and I assume it will be clean r and hop fully it will be
stocked. You know a nice area that now is certainly not very
nice.
O'Sullivan: OR, so it is a farm pond. . .
Grace: I'll give you a 100%
(laughter)
Grace: I'll try to tell „u„just a little more about it. other than
sayin �� pond.
O'Sullivan: I guess the only other question I had. . . .
Grace: . . . .it's commercial, that, that. . . .
O'Sullivan: oh no
Grace: you're thinking down the road that suddenly once we approved
it we're going to have 82 houses next door to this or
something. That's not our intent. We do not want you to
think it's going to be a big subdivision tomorrow.
O'Sullivan: that never occurred to me.
Grac : well
(laughter)
Grac : you're, you're, that's what I'm trying to get away from. It's
not a commercial operation, its a farm operation.
O'Sullivan: OK, I just think, the other thing that came up earlier
was about silt into the river. And ah Joe said there
is some possibility of getting a discoloration or
turbidity in the water that will go downstream.
Grace: But not from this.
O'Sullivan: From. . . .
Grace: From anything else but not from what they're doing. He saying
that. . .little. . . (laughter)
Russo: I'm saying you get turbidity when you get a storm, sure. In,
in the process of setting up the diversion it's my opinion,
from watching him do this, that you're not going to get
anymore than that. That, that would be the most, anything
else we would have to provide for. If, you know, if there are
other types, . . .siltation downstream. That's the whole object
of doing a project in a proper manner.
O'Sullivan: And this sedimentation control that you have for this
site has been examined by the Town, I'm sure, and . . .
Russo: SCS
O'Sullivan: by SCS and they agr ed that. . . .what kind of a storm
that they try to prot ct against in terms of
f
sedimentation control. Let's say you had a
real. . .drain storm and. . . . .100 year storm. . .do they
examine the sedimentation controls for that level or
do they. . . .
Russo: I can just quote what they said and they said that evaluation
of the site plan is based on SCS criteria for excavating the
pond designed, and the following comments are for your
consideration. In other words they have a farm pond
evaluation process that they go through and that's how th y
evaluated this plan. Everything was based on that evaluation.
Grace: There was a checklist that they provided that must be followed
those attached to the plan and a the outline.
O'Sullivan: When we reviewed this once before you talked about
having, showing this information to the Army Corps of
Engineers, SCS, and I think another
FEMA
O'Sullivan: FEMA
FEMA
O'Sullivan: And you said, they said, fine go ahead and I believe
we said do you have this in writing? And some. . .
Russo: I don't remember hearing anybody saying that. All I, I had a
personal meeting with these people and they don't
O'Sullivan: or maybe you called them
s
McCahill: You have correspondence verifying his . . . . .
O'Sullivan: either called or, or
Russo: personal meeting
Warren: right
O'Sullivan: we did not ask for it in writing. I can't remember. . .
McCahill: we asked him to document his comments and I think in this
letter you'll see that he does. . . . . .signficance to the
Army Corps of Engineers. . . . .will. . . .apply
O'Sullivan: oh, and that hasn't been done yet?
McCahill: Well, he may have, it's kinda a separate issue really. .
O'Sullivan: sure
McCahill: I think he may have been issued that
we have
McCahill: . . .for a fact but that would sort of go secondly. And
they wouldn't be starting work until they got such
permit. . . .
Grac : correct
Warren: do we have any other questions? Jeff
Holcombe: Would it possible, do you think, to adjust margins along
the westerly bor�err f hb _pond such at- we
ve�etat of n would than rassed
and:. .since it is in a wetlands soils type o ficially
IUMVinated wetlands area? I guess my main concern is that
it is lanned t s rather than wetlands
vege ation. . . .form to. . .my main concern
Russo: I don't think, and, the only place we talked about is actually
phase 2. . . . .probably. . . .I don't see any reason why. . .we really
the only area we will be doing a lawn is in phase 2. I would
like to offer that we are actually creating some additional
wetland in this area as a, maybe that would be a mitigation
for it, for the phase 2.
Holcombe: When you say creating additional wetland. . . .
Russo: Well, we'll take some of the upland soil bordering the
wetlands and we're going to excavate it, take some of the
wetland soil in this area and put it in, put it over there
Holcombe: over there
Russo: that's what we've outlined in the plan. It's a hopefully that
area will be very similar to the wetlands area we're F
disturbing in phase 2. . . . .mitigating
F
Warr n: Kathie, did you have a question?
Brady: Yes, I just would like to know, John, who is going to be t
monitoring it, are you?
McCahill: if you trust me, of course
(laughter)
Brady: my other question is, this retaining wall up near the house,
what is that going to made of, what sort of retaining wall is
that.
McCahill: th r 's a d tail on the back
it's a concrete wall
McCahill: it's just a standard concrete wall, I don't know what the
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height is, a,
Brady: OK
McCahill: 14. 14 ft. is. . . .
Russo: it's variable. Depending on where you are
Brady: 14 feet. . . . .
Russo: . . .don't think it is that, somebody that . . . . .around
Brady: Well, ah just for the record, I would like to say I like that
wall because I think that with, I guess when this was first
presented I wasn't paying much attention to the house. And
now that I see the house is so close to the wetlands ah I. I
don't know who decided to put that wall there, but, ah, it,
you know, I just want to voice a concern about now that this
is going to very well kept up and also being very well kept up
means that you are going to have fertilizer and runoff into
the swamp area and a I don't know how far, how much we really
regulate but fertilizer, you know, we don't have walls for
that now, that really concerns me. . . .
E
Warr n: yeh, it is a concern °
O'Sullivan: Oh, this is the wall here?
Brady: no, really, it's not. . . . .
that's probably haybales
F
McCahill: see this, this is the
yeh
O'Sullivan: That occurred to me too. I remember I use to look at
the Av.�ry Strait Sr_hoQl pond and that has putrefied
due to the use on school
groun s. Because I had a fellow from SCS come out one
time. We were concerned about the pond dying and I
thought it might have been the farmland upstream which
has now, has been developed and hat in is
opinion it s er izer that most
amage �o is a concern. . . .
Brady: We can't, we can't regulate that, that's not in our
regulations t hell somebody how mu __ z o put on or
n6t to put on.
O'Sullivan: Ah, we talked about that as a ballfi ld too and it is
something that is a concern, I don't know what you can
do about it.
Brady: not much
O'Sullivan: uh huh i
Warren: Well, Jeff made a suggestion that, that if you planted
close to the pond, the e he V „y.QU._p ant it with
wetlan s v ef:aon but off a that still wouldn't
preclude I on't know, what is the slope Is t e, well
it'1 end` up iri t `ei anyway.
McCahill: It's certainly sloping toward the pond again.
Warr n: yep. I was trying to think of waLy if, we if we asked that
you ed a a. wetlands tation so then ou wouldn't
as a t to rays it ri ht to the very edge then the
ho e u y p y a grass back
aways before. . .I don"t now. . ay ng very
S , IE V—dan't that close. There was a fence around
the pond and everything. . . .
O'Sullivan: If there was wetlands _between the grass and the pond
ct w filter out some of the nitrogen. I
mean it would a we an a
wou d arow real fast. But I nk fit's
sti"l1 getting int wet an s. MyMno as
quickly as if the grass was right
Warren: And it certainly isn't anything that we cover in our
regulations maybe we can just say if you would like to
keep that in mind when you're. . . .
!
Russo: right
Warren: tending your lawn
Russo: I think it would be worth suggesting because that's something
that you just have to go wherever you wanted your homeown rs
in the town and tell them because everyone of their lawns does
off into the street which goes into the. . .
Warr n: right
Russo: which goes into a pipe which goes into some of the wetlands,
so
Warr n: it's true, it's true
Russo: so, you're singling out one person
Brady: no, no I'm not singling out one person. I just, ,it's a
concern and I just
Russo but I think telling him that can make him worried is worth
more than because there is not, I don't know how you regulate
it.
Warren: no
Russo: I think your suggestion. . . .
Grace: . . .you will someday. . .I
inaudible between Brady, Grace, Russo, and Warren (all talking at
once)
Warren: do, do we have any other questions?
Grac : that's why they don't want. . . .use it. . . .
Warren: I think, if I'm not mistaken, (laughter)
Grac . . .the extension only in case we didn't get here tonight
there's was a problem with the agency
Warren: OR, we had an action date on this, I believe, like today,
Walter
Pekala: Would the Chair entertain a motion relative to approval or
disapproval of the application? I would move approval of
the application ah 90-14P with the conditions that is
listed in the April 17th letter from, from. . . .
' McCahill: . .my May 21st letter incorporates SCS comments in terms of
approval conditions, May 21st.
Pekala: May 28th?
McCahill: May 21st
Pekala: May 21st
McCahill: and with standard approval conditions.
Pekala: yeh, standard approval conditions, no mylars and a a in
accordance with the letter submitted by Palmberg & Russo,
April 16th with an outline of the different agencies that
they have contacted and whatever is required from them.
Warren: I don't think we can make our approval. . . .
P kala: . .well, it has. . .
Warren: . .on someelse's
inaudible
Pekala: OR, I'll strike that
McCahill: . .standard approvals, we will incorporat as n cessary. .
Grace: ya
P kala: I'd like to say, ah, it's a very commendable plan. This
property has probably been vacant and in a very state of
disrepair, wild fields far may years. I think it is very
commendable that the applicant has done such a good job of
presenting what appears to be a real asset to the area. I
strongly recommend that the application be approved.
Warren: Do you want a bond on it?
Pekala: No, this is private property.
Warren: I don't know if there is. . . .
Pekala: It's not a subdivision
Warren: No, it's on the Podunk River though and I'm not
comfortable with no bond at all
McCahill: normally bond a project for this
Pekala: would you, pardon?
McCahill: we normally bond a project. . .
Pekala: OR, would you accept a $5000.00 bond? As part of the
motion a $5000.00 bond?
Warr n: ok, ah do we have a second to Walter's motion?
Brady: I'll second it.
Warren: OIL, any discussion? Jeff
Holcombe: I'd like to clarify the contention t is.-ra farm
pon an it has-been,,_ the intenti en made that
t ids a 1 _ It may well be but according to
our regulations whether or not it is a farm pond, there
can be no filling or reclamation of wetlands or
watercourses with continual flow. Ah, and that's what
this wetland is so I don't think it's automatically
guarantees approval of the project. I maybe wrong about
that, you can help me out those of you have been here
longer but it seems like, according to our regulations,
whether or not it is a farm pond, this kinda activity is
regulated activity.
McCahill: I'll agree, that's why they are here. We. . . .two months
, ago. . . .
Grace: Th re is no discussion was, th r was a discussion. . . . (papers
rustling) . . .without question. I would answer. . . . . . w 're not
intending that we don't and that's why we've been working on
this. .with the idea that the Town had absolute authority and
we would change any of th se plans and do what, that's why
E I ,
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we're here tonight. So we're not arguing with you. . .trying to
do the best possible we can with a beautiful piece of land.
Warren: There was a time when ah they could simply say that in
fact it is a farm pond and obviously with an agreement
with John Dzen they would not even have to appear here.
We've had other farm ponds in Town dredged and we were
told by SCS that we, at least that's my understanding, we
had no jurisdiction.
Grace: We've had it done on a weekend
Warren: agriculture use is an exception and that we couldn't
question them and I guess . . .this has changed but
Holcombe: this has changed?
r
Warren: I assume so, yes
Grac : and that figures change by people believing that it's bett r
when you're going back to banks and everybody with approvals
and you have to prove to them for a million dollars that
everything is OK and they say heh, you know, where's the
approvals. So I think you're going to find more and more
people submit to questionable jurisdiction and that's why
we're here. We admit it. Because we need the approval. So
we're not arguing that point.
Warren: any other comments or questions? Ya, go ahead
Holcombe: Well, I think we should treat the project then in a
standard way that this Commission normally would treat a
regulated activity in a wetland area. I don't have any
real problem with the dredging operation, expanding the
open water. But I am concerned that it is goingto be
main n calls for a
ra lawn to be constr on wetlands. Tha re
currentl w here t � ' fe
h tat at h en
t and concerns me. I don't think
�.� .
that we, as a Commission, should en-c-o-Ura-g-6 homeowners or
anyone else, a golf course or whatever, to-destroy
wetlands ve f a er assy lawn.
Warren: Walter?
s
3
Pekala: Ah, to the Chair, to the comments, I believe that anybody
that can afford a 2 million gallon private pond or private
swimming pool should be entitled to that free enjoyment
and not have to worry about the vegetation that's on the
edge of that pond. Perhaps, at some point, might be abl
to prevail onto that owner to allow the us for privat ,
for public, if w ev r decide to close up Spring Pond
(laughter)
I
E
. . .Rye Street. . . .
(laughter)
Russo: I would u like to comment what Jeff is talking The
on area a ss being
plan_;�.,th_ e Z area. This I didn't elaborate on it,
but we're, we are con l-ructina an actual wil Mie is and out
✓ nie middle of this area.
Warren: uh huh
Russo: which again, we, I think, you know we tried to make efforts of
mitigating additional wetlands here, we have a w 1SIlife Jalalid
here which w in which, and, and, putting the. . . .on
it so t at ducks or of er wildlife can use it. And in all of
this area that we're dredging and expan ing, we're also taking
SCS's comments or suggestions to make the banks. . .for both
wildlife and vegetation to grow in those areas. I don't think
we.. I don't think we've neglected.. I mean I don't think we've
neglected the, the vegetation etc. around the pond. I think,
this, we've spent many hours with SCS and the- dredger to come
up with something that when we et through will enhance the
area and provide both wildlife and p ant ngs. —`
Warren: yes
Holcombe: arif what ou mean by a wildlife island a
l;t A p. t o n o woo er' bridge or
anythin oin to the wildl e. . . .
Russo: there's no bridge, there's no bridge that's going to it. It's 4
just a, it's just going to be an earthern island which sticks
up above the water slightly so that w i vegetation
c it wi ou uman bein2s, if you want to put it
that way. And that's, a s an a ditional thing that we
provided prior to attending any meetings with this, this
Commission in conjunction with SCS. We wanted to try to
improve the plan as much as possible.
Warren: any other questions?
O'Sullivan: I a ree with Jeff be nice if we could
re �_Ss
area and the pond. There are other f
that make esir that. that in
a tem o u the wetlands soil on the
wes` " s e o the pond. And I, i dug t t
t�i' re e w could describe how much of a
wetland area should be left to try to buffer the pond
from th grass, I would agre with Jeff position. But
I don't know, I don't know how much we n ed and I
think, I think that th , first of all I think the
habitat from that area will be used by some wildlife,
ah maybe frogs and such, but if it is so small that
i
they will probably move on because the house is so
close. So, ah, I don't likegrass right
to the edge u ink I ob ect to a to the
exte aE-'"wou vo1- I'M, it.
Warr n: any other comments?
Holcombe: would you be willing, the plan that_it_ is
on v cxoing to be crras y__in twat Qhaaarea ated
place?
(�no
Charbonneau: Yo ntire otheraide of the nond for
Mbomou
wild i y and
. . .an area to be able to recreation.
Russo: you'r . . .Me
save. . .grass in this
area vs. , I don't know. . .vs. where a
Holcombe: vs. the whole 'de.
Russo: . . .I guess up here where's it steeper?
Warren: the east side is going to be on, well,
Grace: left undisturbed. .
Warr n: yes, OK
Holcombe: the east side is
Warr n: remain what it is
Grace: . . . . .all of this is undisturbed. I'm not sure you noticed it,
how much land there is there.
f
Holcombe: Well, this is fairly steep over here and most of the
wetland vegetation that exists now and my from my survey,
is over in this region. That's w, ,_r'm so er1ed what
happens ovem,,, re. And as you are well aware there are
�y-IaIes where there are cottages ah in the country now,
and the, they're very strict about removal of vegetation
even in front of cottages where their boats docks and what
not ah from those bodies of water because there's such
valuable wildlife habitats and that's why I'm concern d
a out the west 'd becomin a grassy Iawn even though we
have--' a d.- lbera. I would suggest t a e
omeowner would derive a great deal of recreational
pleasure and other kinds of pleasure out of wetland. . .that
has natural v g tation and would attract more wildlife.
Yes, it may obscure your view of th pond somewhat, but
ah, you wills out the rassy lawn.
Russo: Well, that's the point, I wanted to. . .the Commission also. The
'r
edge of the pond is the red line and as we dredge this ar a
we're actually increasing the, the perimeter edge of the pond.
So, we'll actually making more wildlife habitat around the
outside because of making a, a longer edge or more, more
perimeter length of pond.
Holcombe: Well, I would disagree with the, with the contention
you're making more wildlife habitat than is presently
there because right now it is wildlife habitat in the
region where you are proposing to expand upon. So I don't
understand how you can make the. . . . .
Russo: . . .you admit I. . .on the edge of the pond ah, we're, and, and,
edge of the pond is now here and the edge of the pond will be
here which is definitely a longer line which provides more
edge of the pond. That's, I, I. . . . . .
Holcombe: . . .not more wildlife habitat
Russo: well, definitely . . .if that kind of wildlife is more, is more,
edge of pond there's going to be more of that type of
wildlife.
Holcombe: Do you know of any wildlife that nests in open water?
Russo: edge of pond, I said. For the wildlife that growing along the
edge. .confusing vegetation. . . . . .that's all I'm saying.
Holcombe: the more open water lacks vegetation because right now
where the open water is on your map it is wetlands
vegetation. Is that not true?
Russo: it is wetlands vegetation, we're not talking about the same
things so there's no sense in pursuing it. . . . . . .two different
things. . .
Holcombe: . . .it's not going to make more wildlife habitat, it would
be nice, but it's not an addition of wildlife habitat
that's already there.
Warren: any other, yes Jerry
O'Sullivan: Is the limit of, is the extendable lawn described, a
mean ou said
phase 2 and the prol?erty owner sai t ink more
tin a e or a awn in cated on
tlie�`map and to what extent the lawn?
Russo: Well, on the house plan, which we haven't been discussing, the
house is in this location. I would, we haven't specifically
said th lawn was going to be right h re and right h r . It
always, it was my impression that since th house was right
here that the lawn would probably be in this area which just
seems logical. I meaner that, that, we n ver really set a
xact limit of the, of th lawn at that oint. You have to
I B
realize that there is a strip of trees and brush that goes
down here which is kinda of lower area, which is the lowest
area, and is just impracticable to come the edge with
anything. I mean, could you, planning lawns. . . .wouldn't b
lawn it would be wildlife habitat which is because of the
nature of the, of the ground. . . .
O'Sullivan: So the lawn could conceivable go, in your opinion,
from the area of brush and trees right along the
entire west, west"e . .o e pond?
Russo: if you look at the house plans. . . .
O'Sullivan: you know that's what I'm looking for. . .
Russo: if you're looking at the house plans, ah the dark line is the
retaining wall so somewhere in the vicinity of the retaining
wall, I would think, it would be lawn in this -area. That's
what I picture. . . .we haven't really sat down and said this is
going to be lawn, this is not going to be lawn. If you look
at the rear of the house sees why. . . .going back to the
statement that I said before, that the area is oing
to be th t le to have a
lawn in back of. . .back of the house. And the rest of it is in
back of the retaining wall etc. and probably will be planting
trees and shrubs.
Warren: any other questions, comments?
Pekala: . .vote on the motion
Warren: vote on the motion?
Holcombe: can we hold off a few minutes?
Warr n: for what?
i
Holcombe: just a few more minutes to think about and consider it?
Pekala: I don't see why
Warren: ok
Holcombe: You don't see why? Well then I'll speak then. OR? Can I
make another comment?
Warren: sure
Holcombe: ah, I think we need to remember that this is a wetland
area that is ah under our jurisdiction that the proposed
activity is regulated activity. ghat it makes a
differs ce wh ther it' grassy a tation.
An I think t e Commission should be concern d with s
and perhaps make it a condition of a Rroval.if w are so
inclined to approVV5`. --A"8n"'3 I wonder if anyone a I se would
want to comment on that?
Warren: Walter
Pekala: I believe the a licant has sho in an area just the
o er side o the tree at e's putting
in'Every extensive area of wetlands , .� i and
r-e' a 's a good compromise where the Commission
was concerned about wildlife, concerned about the typ of
growth and wildlife or fauna of, flora that would exist in
that phase 1 area. I believe the plans do, pretty much,
put that to rest for creating one area, which is grassy
area for enjoyment, vs. the area that ah will be added to
or built up as newly created wetlands. I believe we have, e
as a Commission, a reasonable exchange for one for the
other.
Warr n: Any other comments? . . . .Jeff? No? Kathy
t
Brady: Well, I just wanted to explain to Jeff, I, I am concerned and
I respect your concern ah but I, I guess, I guess I am seeing
this overall plan as a good one and ah the development of, of
the cooperation between the neighbors, the use of the land, as
compared to what this might be. I mean it might be, I, I,
just from a citizen's point of view, could be twenty houses in
there. Ah I, I guess I'm just ah, I'm seeing the balance of
it and I, I do share your concern about the grass but I feel
that there is other areas in there that are being preserved
over all. And so I have to look at it as the overall picture.
Warren: anybody else? OK. We have a motion on the floor to
approve with conditions. ...etc. , $5000.00 bond, right. All
those in favor of the motion?
Pekala: aye
aye
Brady: aye
Holcombe: aye
Warren: opposed? so carried
Grace: We thank you and hope you understand. . . . . (papers
rustling) . . . . .28 acres handled nicely. . . . . . . . .
i
13,01 0�
• :a TOM OF SOOTS WIli1Dl80R
IMAM Tiii AGIMI/CCMERVATICK COMISSION
I
Minutes. Page 2 May 21, 1990
Inv stigatory letters have been sent out to 20 Wildwood Circle
because a small bulldozer has been operating in the wetlands and to f
a 125 Stanley Drive for the fill that was placed in the wetlands.
CORRBSPLER)E CE AND C ICATIONS:
fi Warren went back to this item because of a letter from Richard M.
Rittenband, Town Attorney, dated May 21, 1990. This letter is
attached as Exhibit A. v
PERMIT BZTSRSIORS:
Pekala made a motion to approve with previous conditions the
ext nsions of Application #89-38P, South Windsor Restaurant and TM
Application #89-15P, Morgan Farms, Lot 7. The motion was seconded by y
O'Sullivan. The motion carried and the vote was unanimous.
BONW: v
Pekala made a motion to approve the reduction of the bond from
V $10,000.00 to $2,500.00 for Victorian Woods, and to release the '` I
following bonds: Vincent Prestileo in the amount of $3,000.00;
Morgan Farms, Section II in the amount of $25,000.00 and Delco Air in j
the amount of $5,000.00. The .motion was seconded by Brady. The
motion carried and the vote was unanimous.
OLD BUSINESS:
A �ica�tion #90-14P Mr. & Mrs. Andre Charbonneau IWA/CC permit form
tIn—property the northerl side "Y'
of Miller Road and easterly side of Abbe Road, A-30 zone.
Holcombe asked for clarification of a farm pond from Attorney William
Grace who was representing the applicant.
Joe Russo of Palmber & Russo did the clarification: He said an
g i (
agr ement has been made, with the neighbor Dzen Farms, which allows
the farms to have access to this pond as an irrigation pond. This
pond was .UL@d as an irrigation pond for this particular site wh n it
was bein rmed. Over a period of time the silt has built u and
P P
some of the silt will be removed per this application.
Holcombe's concern was the placing of a lawn down to the water's9e `
especially where the existing cattails are.
O'Sullivan said there are two different connotations in ponds, '
creating a farm pond is one thing and cr ahing a private pond is
another. A privat pond has less valu and charact r than a farts
r,
F 4
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TOM Of SOUTH W33MCOM 001610
,REAM WETLMs AG=CY/CoMs=V"zaM caaasszon
r
xinutes
Nav 210 1990 h
I
pond. Grace said that this will be farm pond/personal pond. If the
Dzens need the pond, they can have the use of the pond. This
agreement is not in writing, just a verbal agreement between the
Dzens and Charbonneau, owner of the property. If the Commission
desired an agreement in writing, then it would be procured. This is
a sit that will contain more pond than wetlands, and at the same
time will be a cleaner pond and stocked with fish.
Russo said in his opinion, from watching the excavator in prior
doings, there will be no silt downstream from the excavation of this 'r
pond unless there is a huge storm. This project will be done in a
prop r manner. This plan was based upon a farm pond evaluation from
SCS which also included a checklist to follow.
McCahill stated that the site plan will be submitted to the i Arm
Corps of Engineers. The retaining wall near the proposed house will
be made of concrete and have variable heights.
i
Brady and O'Sullivan were concerned about grass fertilizers and the
Proximity of the wetlands. O'Sullivan stated that the Avery Street
Pond has putrefied as a result of grass fertilizers not from farming
activity.
R
Pekala made a motion to a {
pprove with conditions Application #90-14P.
The conditions areas follows: Brady seconded the motion.
1. Two blueprint copies of the entire set of plans
letter reproduced thereon, must be submitted to thisthis
commission. This must be completed within 65 days
approval 1 o f
pp prior to any construction activity on the site.
2.
Construction activities shall be subject to the approval of
the Town Engineer.
k
- 3. �
The application shall indemnify and hold harmless the Town
of South Windsor against any liability which might result
from the proposed operation or use.
4. We recommend a bond in the amount of $5,000.00 to be
submitted to Planning and Zoning Commission to ensure
compliance with the erosion and sedimentation i control
measures. �
5. The permit is valid .for one Pe year and shall expire on May �
21, 1991.
6 . All approvals required must be obtained and submitted prior
to any activity on the site.
7 . A contact person shall be id ntified dir ctly on the plans.
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TOM or SOVER WINDSOR
TNLAM WH9. s JWJU=/C(==V":1oM CGOUSSION
Minutes Page 4 llay 21, 1990
Holcombe wanted clarification of the farm pond as it had be n
mentioned that it was 100% farm pond. If it is a farm pond,
according to IWA/CC Regulations, there can be no filling or
reclamation of wetlands or watercourses with continual flow. This
particular wetland isrjust that and in his opinion this does not
automatically approve a project.
Warren said there was a time when farm ponds were dredged and the
farmers did not have to appear before the IWA/CC. The IWA/CC was
informed by SCS that they did not have any jurisdiction because
agricultural use is an exception. ;
Holcombe replied that this application should be treated in a
standard way, as a regulated activity in a wetland area. He is
concerned that this pond will become a recreational pond becaus the.
plan calls for a grassy lawn to be constructed on wetlands wh r
there is an existing valuable wildlife habitat. He was also
concerned about the Commission encouraging anyone to destroy wetland
vegetation in favor of a grassy lawn.
Russo said that it is proposed to construct a wildlife island in th .
pond. The banks--X1,.U.,.be left to wetland vegetation and w ldhfe in
the southern portion of ';E gorid5 area g_. .. _._. _ ._ life�
O'Sullivan's position is that the wildlife habitat will move on
because of the proximity of the house.
Discussion ensued regarding the lawn being brought to the edge of the
pond and the destruction of wetland vegetation and wildlife habitat.
,M
Y
Holcombe said that the Commission should remember that this is a
3 wetland area that is under the Commission's jurisdiction. The
proposed activity is regulated activity. There is a differ nce
between grassy lawn and natural vegetation and Holcombe thinks the
Commission should be concerned with this and perhaps make it a
condition of approval.
Pekala replied that the applicant has shown in Phase I wh re wetlan
are being proposed and this is compromise enough.
Brady said that in looking at the overall picture of the sit sh
views the plan as a good one, with the cooperation of the neighbors
and the use of the land, as compared to what this site could be. S
F.
said she shared Holcombe's concern however, other natural areas ar
being created to offset the installation of the lawn to the edg of
:he pond.
Th motion carried and th vote was unanimous. f
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ILL
TOM of soUrs V NDSOR
r s /CoMERVXTION CoHMSSION
xinutes Page 9 Narch 19, 1990 t
basins are located on the northern part of the site and two catch
basins are located on the western part of the site. Th det nt'
ion
basin is located on the adjacent site around the bend from this
proposed site. The hydrology study proves that the det ntion basil
is large enough for this site.
Application #90-14P Andre Charbonneau IWA/CC permit for the
construction of a house on property located on the northerly side
Miller Road and easterly side of Abbe Road, A-30 zone.
Joe Russo of Palmberg & Russo, stated that he has been working Witt
the Soil Conservation Service in regard to the proposed dredging c ,
the and which is a
P part of the Podunk River. This property is
adjacent to the Dzen Farm and this pond is part of an irrigation
system for the Dzen Farm. The Department of Environmental Prot ctj
allows ponds, three acres or under, to be constructed for farm us
All the existing buildings and proposed buildings are located in t?
uplands of the property.
Attorney William Grace, representing the applicant., stated that thet
applicant has met with the soils scientist and the Stat of
Connecticut in the preparation of these plans.
Pekala made a motion to recess Application #90-14P and to hear
Application #87-433 and Application #87-436. Raymond seconded th
motion. The motion carried and the vote was unanimous.
Bob Morin answered for Application #87-433 and Bruce Kelley answe
for Application #87-436.
Pekala made a motion to return to Application #90-14P. Th motion '
was seconded by Raymond. The motion carried and the vote was
unanimous.
Russo continued by saying that Joyce Raabe, Soils Scientist from
Soil Sciences, delineated the wetlands on this site. SCS from
Windsor and the Storrs office both were involved in the d t rmina
of the feasibility of dredging the pond. The pond will be us d for
the strawberry fields on the Dzen property. One house is proposed
for this property.
Raabe said that the wetlands on the eastern portion of the site is
peat muck swamp. The proposed pond area is next then narrows down
a wetlands area that is in the center of the property h ading west
The land rises up to the northern border of the property and this
where the proposed house will be located. The Walpole soil locat
in the wetlands area is poorly drained and extends beyond th
boundaries of the southeastern portion of the property. Bunch
F�
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TONN OF SOUTH NINDSM ,
2
IIMAM NVZLAMDS JWdMWC=LWMMIQN CaMMISSION
s Page 10 March 190 1990
ass s mark the wetland area. Test pits were accomplished and the
tt rns of the soil were similar in the delineation of the wetlands
it is on the Town Wetlands & Watercourses Map.
l
so said that the existing pond has silted in over the years and
xisting fields have been used for planting corn,
said that a peat muck swamp is a deep depression with steep
lid s and water was at the surface when she observed this swamp. G
the said that she was not an ecologist so she would not venture to
s no the value of these wetlands. The trees are not in great
E
lity or quantity and it seemed like a good place for toads and
yoga• �
►s sso stated that .07 acre will be filled in and the proposed wall
11 not be constructed in the wetlands. There are existing
ldings on the property, however no decision has been made as to
t en or where they will be removed to. The applicant wants to know
t can be done with this property before he decides what to do with
xisting buildings. The created wetlands are at the same
,ovation as the existing wetlands. There will be no net loss of a
tlands on the site. The proposed carriage shed is situated on th E
uth rn side of the property. Silt fence cannot be used when
ging the pond because the flow of water through the pond will be E
rotected by collecting the siltation during the dredging process.
sd 1 utilities will come from Abbe Road and will not cross the
tlands. The 100 year flood elevation is at 253 and is shown on the
Tans.
sso contacted F.E.M.A: , D.E.P. and Army Corps of Engineers at a
-submission meeting in April. F.E.M.A. 's response was that th
ging should improve the pond and that they cannot get involved
th very project in New England. D.E.P. (Doug Cooper) said that !
s project should be worked out with the town. D.E.P. only gets
L , volved if the stream were to be diverted and there would be a
ang in the runoff of 100 acres or more. An application will be
omitted to the Array Corps of Engineers. Their response was that a
tionwide permit will be issued because there is only 2 1/2 or 3
cres of runoff involved. Consequently, before Russo submits the
t
a t he has a meeting set up with their engineer to show them what
S applicant is attempting to do. -
Soo said that the construction entrance pad will be shown on th
d lans. The dredging narrative is on the plans. The dredging site '
11 be entered on the eastern side of the property with a dredge on
,drag line. The edge of the pond will be excavated and the
cavat d material will be used to cr at a small berm going north to
th. Th applicant does not want to get in trouble with the
sting outl t structur , consequ ntly th dredging and berm will
4
�d ,,. �������u ������1��I�� �Y����WI�YII�I�VIII�I���I�YIWI�iui�Il�Ydlulillli��i��i�YliiiViYVVm�Vllll�dil�������idiiiii�i�II,�YVIViWi I,I��I I ��I uillilVllu Ilhiilill�ii�I�I�Y���W�III���II�I�
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Toter oW soars
IMAM LMM c r/mI r3mr— T r i COiISSICN
�inute8 Page 11 March 19 19
F
end several feet from the end of the existing pond. The pond wil 'j
s not change in depth nor in flow. A larger machine will be utiliz
on the westerly side of the existing pond. The material will be
on the edge of the pond which will allow the material to dewater.
The excavator will dewater any silt that has settled. Th next
morning the excavator will pump the clear water off the top into
channel. SCS has approved this method of excavation becaus this
method creates the least disturbance to the area.
Raymond made a motion to extend the meeting to 11:00 p.m. Pekala ,
seconded the motion. The motion carried and the vote was unanimo `
Russo stated that the contours of the western side of th pond is ,
elevation 252 and the edge of the pond is at elevation 250. Th
island will remain to allow the wildlife to nest there. Th seed -
mixture, which is on the back of the plan, will be used for th
r. and the banks and require no mowing. The existing outlet structure.
comprised of stone and is meant to be an overflow. There is plen
of flood storage capacity within this pond site.
R$—APPLICATMES!
' A
Pplication #87-433 Mountain Laurel Associates IWA/CC t fo`
the construction of a subdivision on property located east rly o
Felt Road and northerly of Tallwood Drive AA-30 zone. Expires
13, 1990.
McCahill stated that there are twelve lots with houses on them in :.
this site with three actives sites in progress. The stockpil s
all netted and secure.
Pekala made a motion to approve with previous and standard condW
Application #87-433. Warren seconded the motion. The motion ca
and the vote was unanimous.
Aipplication #87-436 RSK-Kellco Town Center IWA/CC pe=it for
construction of coamnercial buildin s on PERRMty located on th
westerly side of Buckland Road and southerly side of Ellington
R_IC zone. Expires March 9, 19 9 .
Bruce Kelley stated that there is existing pavement on this sit
The existing buildings are the Bank of South Windsor, a 80,000 ft
building and a 65,000 ft. building. The only area that is not
stabilized is the area behind the larger building due to 1 ctri
work going on in this building. The applicant is awaiting two to,
three feet more of fill before the gazebo is established. All a
are stabilized, sidewalks were put in during the winter and th
landscaping will follow.
A
I�♦,1
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1540 SULLIVAN AVENUE • SOUTH WIhI� CONN. 06074
. AREA CODE 203/"4.25n
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May 23, 1990
f
`pP
C
Attorney William E. Grace
1740 Ellington Road
South Windsor, CT 06074
I
Dear Attorney Grace:
Re: Application #90-14P - Charbonneau Residence
At th May 21, 1990 meeting, the Inland Wetlands Agency/Conservation
Commission approved with modifications Application #90-14P - IWA/CC
permit for the construction of a single family home on property
located on the northeast corner of the intersection of Abbe Road and
Mill r Road, RR zone as shown on plans prepared by Palmberg & Russo,
No. 89110, dated February 15, 1990 and revised April 12, 1990.
f
1 . Two blueprint copies of the entire set of plans and this
letter reproduced thereon, must be submitted to this
Commission to be stamped and signed. This must be
completed within 65 days of approval and prior to any
construction activity on the site.
t
2. Construction activities shall be subject to the approval of
the Town Engineer.
3. The application shall indemnify and hold harmless the Town
I of South Windsor against any liability which might result
from the proposed operation or use.
4. The permit is valid for one year and shall expire on May
21, 1991.
5. All approvals required must be obtained and submitted prior
to any activity on the site.
1
6. A contact person shall be identified directly on the plans. j
7 . We recommend a bond in the amount of $5,000.00 to be r
submitted to the Planning & Zoning Commission to ensure
compliance with the Erosion and Sedimentation Control
Measures.
. f
4V truly ours
zab th A. Warr n, Vice Chairperson, IWA/CC
EAW/pmm
cc: Jerry C. Iazzetta, Town Engineer
Marcia A. Banach, Director of Planning
John R. Collins, Chief Building Official
Planning & Zoning Commission
DEPARTMENT OF THE ARMY
NEW ENGLAND DIVISION,CORPS OF ENGINEERS
424 TRAPELO ROAD
WALTHAM. MASSACHUSETTS 02254-9149
"Enr'°ATTENTION OF July 26, 1990
Regulatory Division
CENED-OD-R-11-90-00940
199000940 -Jr
JUL Rn 1990
South Windsor
Andre L. Charbonneau &Doing & Zoning Commission
125 Edwin Road
South Windsor, Connecticut 06074
Dear Sir:
This letter is in reference to your application to place fill
onto 0.20 acres of wetland adjacent to Podunk River at the
intersection of Abby and Miller Road in South Windsor,
Connecticut. This fill, for riprap, a temporary stock pile, and
a temporary berm, is necessary to dredge and enlarge a farm pond.
This pond will be enlarged from 0.75 acres to 1.93 acres and will
provide irrigation water to a neighboring farm.
That work is permitted under Title 33 Code of Federal
Regulations, Part 330.5(a) (26) (i) , Nationwide Permits, as
published in the November 13, 1986 Federal Register, and does not
require further processing.
{
This authorization is made in accordance with the attach d
plans in 4 sheets, entitled "Residence, Mr. and Mrs. Andre L.
Charbonneau", dated 116-25-9011, and subject to the attached
conditions.
This verification will be valid until the Nationwide Permit
is modified, reissued, or revoked. All the Nationwide Permits
are scheduled to be modified, reissued, or revoked prior to 13
January 1992. It is incumbent upon you to remain informed of
changes to the nationwide permits. We will issue a public notice
announcing the changes when they occur. Furthermore, if you
commence or are under contract to commence this activity befor
the date the nationwide permit is modified or revoked, you will
have twelve months from the date of the modification or
revocation to complete the activity under the present terms and
conditions of this nationwide permit.
Note that these conditions require the use of other practical
alternatives to avoid or minimize the discharge of dredged or
fill material into waters and wetlands of the United States.
Before you begin work, you are required to obtain any
necessary state and/or local permits, and other necessary federal
permits.
4
I
If you have any questions, please contact Phillip W.
Nimeskern, Jr. of my staff at (617) 647-8157, or use our toll
free number (800) 343-4789, or (800) 363-4367 if calling from
within Massachusetts.
Sincerely,
Victor Cole
Chief, Permits Branch
Regulatory Division
Attachment
Copy Furnished:
CT Dept. of Environmental Protection
Inland Wetland Resource Management Division
Attn: Frank Buck
State office Building, Room 201
Hartford, Connecticut 06106 �
Town of South Windsor
Planning and Zoning
1540 Sullivan Avenue
South Windsor, CT 060743
Joseph Russo
Palmberg & Russo
1 Shoham Road
East Windsor, CT 06088y �,
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_� yv 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074
AREA CODE 203/644-25n
March 7, 1991
Attorney William E. Grace
1740 Ellington Road
South Windsor, CT 06074
D ar Att Grace:
Re: Application #90-14P - Charbonnean Home
This is a reminder that the permit with the Inland Wetlands
Agency/Conservation Commission, Application #90-14P will expir on
May 21, 1991.
If you plan to extend your project beyond the above expiration
date, the Agency requires a letter requesting extension together
with a fee of $25.000 This should be submitted 30 days prior to
the expiration of the permit.
In the event that you are requesting an extension, Section 4.13.6
of the Zoning Regulations establishes the process for monitoring
the approved conservation plan. Per that regulation, a progress
report is required from the applicant's engineer verifying that
erosion and sedimentation control measures have been installed and
maintained in accordance with the approved conservation plan. JL
copy of the regulation is enclosed.
This verification report must be submitted 30 days prior to
xpiration date of the permit to allow time for the Commission rs
to valuate your project controls.
If work has been finished or will be finished by the expiration
date, please have an engineer send a letter stating work is
completed according to the approved plan.
If you have any questions call me or John E. McCahill,
Zoning/Wetlands Enforcement Officer at 644-2511.
Ve ru yours,
Ph is Mann, Recording Secretary
Inland We lands Agency/Conservation Commission
Enclosure
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WILMAx E. GRAaE
ATTORNEY AT LAW
1740 ELLINGTON ROAD MM
SOUTH V7DMWR,GONNSGTIGUT 06074
(803)e44-aea7 South
INLAND WETLANDSWindsor
FAX(203)644-7918 AOENCyl
CoNSERmToy COMM188104
March 15, 1991
Town of South Windsor
Inland W tlands Agency/Conservation Commission
1540 Sullivan Avenue-
South Windsor CT 06074
RE: Application No. 90-14P - Charbonneau Home
Dear Commission Members:
The Applicants, Mr. and Mrs. Andre Charbonneau, hereby request that a
one year extension of time be grantedwith respect to the above-referenced
Application. A check for $25.00 is enclosed for the Extension Fee.
A letter will be sent by Engineer Joseph Russo with respect to the
conditions of the approved Conservation Plan.
Very truly you
William E. Grace
WEG:mgs
cc: Mr. Andre Charbonneau
Mr. Joseph Russo
Wn o-P s ?d&U141at
1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
AREA CODE 203/6"-25n
3
P
April 1, 1991
Andre Charbonneau
311 Felt Road
South Windsor, CT 06074
Dear Mr. Charbonneau:
Re: Application #90-14P - Charbonnean Hare, Abbe/Miller Roads
The South Windsor Inland Wetlands Agency/Conservation Commission ,
will review your request for a permit extension at the next meeting
scheduled April 8, 1991. Your presence is , not required (however,
you are welcome to attend if you so desire) . You will be notified
in writing of their decision.
If you should have any questions, please don't hesitate to contact
m at 644-2511, Ext. 253.
e ruly yours,
hyll s M. Mann
Secr ary
Inland Wetlands Agency/
Conservation Commission
J.R. l7 RUS vrEs
' 1 Shoham Roan :A
Fast Windsor, Conrt tti,—x ohi)38 VV
TEL: 61.03)62.E-0 69
V
FAX- (203)623-2485 s
FAX TRANSMITTAL SHEET"
i AwAe
To: 04� hLa-4-A— &4
From: T-d
Number of Pales including Cover Sheet-
Attention: ZL
Message:
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LETTER OF TRANSMITTAL
PLANNING DEPARTMENT s ��
TOWN OF SOUTH WINDSOR
1540 SULLIVAN AVE-
SOUTH WINDSOR, CT 06074 Date `'l 3 °Lk
(203) 644-2511
TO: r e. +4V\,
{
1
WE ARE SENDING YOU:
4
1
C3 P&Z initial plans C3 Drainage comps
CM PAZ final plans C:3 Bond estimate requests
O Inland Wetlands plans Q Bond reduction requests .
tp Final plans for filing 0 Change order form
® Other Correspondence
I
C pi s App. No. Project
0 C0A elk 0 a
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THESE ARE TRANSMITTED as checked below:
z
C3 For review and comment For your file
M For your use =3 Returned with revisions
O As requested i
0 Other
PLEASE RETURN/CONXENT BYs
COMMENTS:
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Ty Eck ANN e^s U r*—
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to 1 J1 1 / C or L-VAU 6-: es 01.+ 1
Copy to:
From: 97?
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J.R. RUSSO & ASSOCIATES
Land Surveyors do Professional Engineers
1;
April 8, 1991 AM 8
Wth winds
South
Windsor Town Hall owa
1540 Sullivan Avenue
South Windsor, Connecticut 06074 � '• •
Attn: Mr. John McCahill, Wetlands-Conservation Officer
Re: Mr. & Mrs. Andre L. Charbonneau
House Lot on Miller Road
Dear Mr. McCahill:
An inspection of the above mentioned site was performed on
April 8, 1991 . At that time, there were no erosion problems
encountered on the site. The seeding for the stock piles and
exposed areas shall be seeded in this growing season.
Please call or contact us if you have any questions or
comments. Thank you.
Sincerely,
jy#,'-0 0'*Z't,
Jeffrey L. Herz
J.R. Russo & Associates
laf
1 Shoham Road East Windsor, CT. 06088 TEL: (203)623-0569 FAX: (203)623-2485
.1
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
AREA CODE 203/644-2511
E
f
April 9, 1991
r
Mr. & Mrs. Andre Charbonneau i
311 Fe1 t Road
South Windsor, CT 06074
i
Dear Mr. & Mrs. Charbonneau:
. E
Re: Application #90-14P - Charbonnerau Have/Abbe Road
At the April 9, 1991 meeting, the South Windsor inland Wetlands
Agency/Conservation Commission approved a one year extension of
Application #90-14P with all original and standard conditions.
Application #90-14P becomes effective May 21, 1991 and expires on
May 21, 1992.
ver ruly yours,
hylli M. Mann, Recording Secretary
Inland Wetlands Agency/
Conservation Commission
cc: Marcia A. Banach, Director of Planning
Planning & Zoning Commission
Jerry Iazzetta, Town Engineer
Enclosure
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J.R. RUSSO & ASSOCIATES LIEUTE12 OQ F UM,6 6900TTAL
X ,
1 Shoham Road
EAST WINDSOR, CONNECTICUT 06088
(203) 623-0569 DATE JO8 NO.
FAX (203) 623-2485 ?9
ATTENTION
RE-
TO Q t/
fit
> WE ARE SENDING YOU A Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
r
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
> ❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
Lit-
South Windsor
INLAND
WETLANDS AGEN9Vj
COPAS.
COPY TO
SIGNED:
'TII00W240.2 J I1w,khK Nw 01471 If enclosures are not as noted, kindly notlfjy us at e.
Jim
1 �4,
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s � 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
4'�tip .Co��'� AREA CODE 203/644-2511
P
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February 21, 1992
F
Attorney William E. Grace
1740 Ellington Road
South Windsor, CT 06074
r
i
Dear Bill:
i
Re: EXPIRATION OF PERMIT
This is a reminder that the permit with the Inland Wetlands
Agency/Conservation Commission, Application f90-14P, Charbonneau Home, will
expire on May 21, 1992.
t
If you plan to extend your project beyond the above expiration date, the
Agency requires a letter requesting an extension with a fee of $25.00.
Letters requesting extensions shall; 1)include a reference to the
documentation and record of the original applications, 2) state the reasons
why the authorized activities were not initiated or completed within the time
specified in the permit, and 3) describe any changes in facts or
circumstances involved with or affecting wetlands or watercourses or the
property for which the permit was received. This shall be submitted 65 days i
prior to the expiration of the permit. '
In the event that you are requesting an extension, Section 4.13.6 of the
Zoning Regulations establishes the process for w itoring the approved
conservation plan. Per that regulation, a progress report is required from
the applicant's engineer verifying that erosion and sedimentation control
measures have been installed and maintained in accordance with the approved
conservation plan. A copy of the regulation is enclosed. This verification
report shall also be submitted 65 days prior to expiration date of the permit
to allow time for the Commissioners to evaluate your project controls.
r
If work has been finished or will be finished by the expiration date, please
have an engineer send a letter stating rork is completed according to the
approved plan.
If you have any questions call me or John E. McCahill, Zoning/Wetlands
Enforcement Officer at 644-2511.
Very t ly yours,
f -
tSecretary,
lisMann
Records IWA/CC
t
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a
WILLIAM E. GRAQE
ATTORNEY AT LAW
1740 ELLINGTON ROAD
f
SOUTH WDWSOR,GONNEGTIGUT 06074 6
(803)644-8857
i
FAX(203)644-7918 j
i
March 3, 1992
t
Town of South Windsor
Inland-Wetlands Agency/Conservation Commission
1540 Sullivan Avenue
South Windsor, CT 06074 j
Re: Application No. #90-14P, Charbonneau Home
Dear Commission Members:
e
,
Due to economic conditions, the applicants, Mr. and Mrs. Andre Charbonneau,
hereby request an extension of time be granted with respect to the above-
referenced application. There have been no changes in facts or circumstances
involved with or affecting wetlands or watercourses or the property for
which the permit was received. f
A check in the amount of $25.00 is enclosed for the extension fee.
Engineer Joseph Russo will be forwarding to you directly a letter with respect
to the conditions of the approved conservation plan.
Very truly yours,
William E. Grace
t
bes
cc: Mr. Andre Charbonneau
Mr. Joseph Russo !
}
NO. -
,
. _ 19
RECEIVED FROM
DOL RS
Account Total $ S -
Amount Paid $
Balance Due $
"THE EFFICIENCY®LINE"AN AMPAD PRODUCT-23-121
J.R. RUSSO & ASSOCIATES
Land Surveyors&Professional Engineers , 7
March 25, 1992
Town t o h Windsor
15 u 'v A enue
So ut 06074
ON
itsr ''Attn, E McCahill, Zoning/Wetlands Enforcement
Re:App a . Charbonneau home.
Dear Mr. sit
Our office x a above mentioned site with ref-
erence to t a ~ a ' edimentation N , ?� control measures
It is our opi measures are functioning
satisfactory a ' ', ,,, measures
stable at this time
If there are and,, ` ` `Jp ,lease contact this office.
r � � a-g` osep R. Russo, P.E. L.S.
.. R. i
Sn 3 ,nor J R. Russo & As sociates
"4
JRR/bah
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1 Shoham Road East Windsor, Cr. 06088 • TEL: (203)623-0569 FAX: (203)623-2485
—,
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1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074
Coc AREA CODE 203/644-2511
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4
April 15, 1992
f
Attorney William E. Grace
k
1740 Ellington Road �
South Windsor, CT 06074
Dear Attorney Grace:
Re: Applfcatfan #90-14P, Charbo►nnerau Same
At the April 13, 1992 meeting, the South Windsor Inland Wetlands
Agency/Conservation Commission approved a three year extension of
Application #90-14P with all original and standard conditions.
Application #90-14P expires on May 21, 1995.
s
Very truly yours,
F
Elizabeth A. Warren, Chairman
Inland Wetlands Agency/
Conservation Commission
r
EAW/pmm
cc: Director of Planning
Planning & Zoning Commission
Town Engineer
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v 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
AREA CODE 203/644-25U
�soR•ca
i
March 24, 1992
i
Attorney William E. Grace
1740 Ellington Road `
South Windsor, CT 06074
F
r
Dear Bill:
c
RG AppficaUn #W14F, Okirbmwat Hone
The South Windsor Inland Wetlands. Agency/Conservation Commission
will review our request for a permit extension at the next meeting
wi y q
scheduled April 13, 1992. Your presence is not required (however,
you are welcome to attend if you so desire) . You will be notified
in writing of their decision. ;
4
If you should have any questions, please do not hesitate to contact {
me at 644-2511, Ext. 253.
I
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Very t ly yours,
,
p ylli M. Mann r
Secretary
Inland Wetlands Agency/
Conservation Commission
. I
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f r� 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074
AREA CODE 203/644-25U
September 15, 1992
t
Attorney William E. Grace
1740 Ellington Road `
i
South Windsor, CT 06074
Dear Attorney Grace:
�
Re: Application #90-14P Charbonneau Home
The Inland Wetlands Agency/Conservation Commission has requested that
the above-referenced application be placed on the September 21, 1992
agenda. The purpose of this is to discuss the landscaping,
footbridge, and miscellaneous improvements which have taken place
around the edge of the pond.
suggest that someone be resent at the meeting to clarify
I would sugg p g Y
what has been done and explain any other such improvements which
might be planned for this area.
f
If you have any questions, please contact me at 644-2511, extension
229 . l
Very truly yours, t
John E. McCahill
Zoning/Wetlands Enforcement Officer
JEM/pmm
r
cc: Mr. & Mrs . Andre L. Charbonneau
J. R. Russo & Associates
Chairman IWA/CC
b
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Jim a
Town ap siou� ?1)&U&0t y
~ 1540 SULLIVAN AVENUE SOUTH WINDSOM CONN. 06074 1
AREA CODE 203/644-25U
September 23, 1992
Attorney William E. Grace
1740 Ellington Road
South Windsor, CT 06074
D ar Attorney Grace:
Re: Application #90-14P, Charbonneau Residence
At th September 21, 1992 regular meeting of the Inland Wetlands
Agency/Conservation Commission, the Agency discussed the above- ,ry'
referenced application with regard to they landscaping, footbridge,
and miscellaneous improvements around the pond. R.
At the meeting the Agency approved- a motion to consider the
possibility of suspending the permit based on the following concerns:
1) a footbridge was installed at the outlet end of the pond, 2) a
number of stone walls have been placed in the regulated 80, setback
associated with the pond, and 3) the presentations glade for th
issuance of the original permit indicated that the easterly side of
the pond would be left in a natural state; not maintained' as a mowed
lawn.
The Agency will be placing this on the October 5, 1992 agenda and
requests that a remediation plan be presented which would allow areas
to the easterly side of the pond to return to their natural, unmowed
condition. They would also like more information regarding the
footbridge which was constructed. (The minutes of the May 2, 1990
and March 19, 1990 meeting have been enclosed for your information. )
If your have questions regarding this, please contact John E.
McCahill, Zoning/Wetlands Enforcement officer at 644-2511, ext. 229 .
xipF
very truly yours
. f
El abeth A. Warren
-Chgir - IWA/CC
i
EAW/pmm y
Enclosures
cc: Mr. & Mrs. Andre Charbonneau
J. R. Russo & Associates
IWA/CC r
Zoning/Wetlands Enforcement Officer
q
TaNN OF SOUTH WINDSOR
INLAND WETLANDS AGENCY/CONSERVATION CONNISSION
1Kimutes Page 9 March 19, 199p
5 basins are located on the northern part of the site and two catch
basins are located on the western part of the site. Th detention
basin is located on -the adjacent site around the bend from this
proposed site. The hydrology study proves that the detention basi:
is large enough for this site.
Application #90-14P, Andre Charbonneau, IWA/CC permit for the
construction of a house on property located on the northerly side (
Miller Road and easterly side of Abbe Road, A-30 zone.
Joe Russo of Palmberg & Russo, stated that he has been working wits
the Soil Conservation Service in regard to the proposed dredging of
the pond which is a part of the Podunk River. This prop rty is
adjacent to the Dzen Farm and this pond is part of an irrigation
system for the Dzen Farm. The Department of Environmental Prot ct:
allows ponds, three acres or under, to be constructed for farm use.
All the existing buildings and proposed buildings are located in tt
uplands of the property.
. Attorney William Grace, representing the applicant, stated that the
applicant has met with the soils scientist and the State of
Connecticut in the preparation of these plans.
Pekala made a motion to recess Application #90-14P and to hear
Application #87-433 and Application #87-436 . Raymond seconded the
motion. The motion carried and the vote was unanimous .
Bob Morin answered for Application #87-433 and Bruce Kelley answers
for Application #87-436 .
Pekala made a motion to return to Application #90-14P. The motion.
was seconded by Raymond. The motion carried and the vot was
unanimous.
Russo continued by saying that Joyce Raabe, Soils Scientist from HI
Soil Sciences, delineated the wetlands on this site. SCS from
Windsor and the Storrs office both were involved in th determinati
of the feasibility of dredging the pond. The pond will be used for
} the strawberry fields on the Dzen property. One house is proposedf
for this property.
Raabe said that the wetlands on the eastern portion of the site is�
peat muck swamp. The proposed pond area is next then narrows down
a wetlands area that is in the center of the property heading w st
The land rises up to the northern border of the property and this
where the proposed house will be located. The Walpole soil locat
in the wetlands area is poorly drained and extends beyond th
boundaries of the southeastern portion of the property. Bunch
w
TOM OF saw= On
XALAM i ! CO CM�BSXCM
r Pa 10 Warch 19 1990
uses mark the wetland area. Test pits were accomplished and th
tterns of the soil were similar in the delineation of the wetlands
it is on the Town Wetlands i Watercourses asap.
fff
' 4
so said that the existing pond haw silted in over the years and
If o existing fields have been used for planting corn.
� f
said that a peat muck swamp is a deep depression with ate p
i lides,and water was at the surface when,she observed this swamp.
be said that she was not an ecologist so she would not ventur to
as the value of these wetlands. Tho -treos are, not in great !
ity or quantity and it seemed like a good place for toads and
so stated that .07 acre will be filled in and the proposed wall
11- not be constructed in the wetlands. There are existing
ldings on the property, however no decision has been made as to
s or where they will be removed to. The applicant wants to know
t can be done with this property before he decides ghat to d with
existing buildings. The created wetlands are at the same
ationas the existing "tlasds. There ill be no not loss. of
#:lands on the site. The proposed carriage s shed is situated on th
thorn side of the property. Silt fence cannot be used when
ginq the pond because the flog of water through the pond will be
t cted by collecting the siltation during the dredging process.
ad , 1 utilities will craw from Abbe Road and will not cross the
lands. The 100 -year flood elevation is at 253 and is shown on the
Tans,
so contacted F.Z,X.A. , D.B.P. and Army Corps of Engineers at a
R -submission meeting in April. F.B.X.A. 's response was that th
Midging should improve the pond and that they cannot get .involved
:arty th every project in Now England. D.B.P. . (Doug Cooper) said that
project should be worked out with the town. D.B.P. only gi is
lved if the stream were to be diverted and thheere would be a
ge in the runoff of 100 acres or more. An application will be +
tted to the Army Corps of Engineers. Their response was that• a
tionwide permit will be issued because there is only 2 1/2 or 3
41. r s of runoff involved. Consequently., before Russo submits th
� .a{ t he has a meeting not up with their engineer to shown them what
t' s applicant is attempting to do.
so said that the construction entrance =will -be shun on th
id _ s. narrative is on the . The inq site
1 The � sera side of t.� property with on
1 be entered an the oat props � dredge
drag line. The odq of the pond will be excavated and the
vated mat rial will be used to crest a small berm going north to
th. The applicant does not want to get in troubl with the
sting utl t structur , consquently the dredging and bass will
' F
� u 1
' TOM OF SOUTH WINDSOR
IMRSAMM AGffiNCY/CONSM30ION CGGUSSION
Minutes page 11 Narch 19 199
end several feet from the end of the existing pond. Th pond will not change in depth nor in flow. A larger machine will be utiliz
on the westerly side ,of the existing pond. The material will be PI
on the edge of the pond which will allow the material to dewater.
The excavator will dewater any silt that has settled. Th next
morning the excavator will pump the clear water off the top into th4
channel. SCS has approved this method of excavation b cause this
method creates the least disturbance to the area.
Raymond made a motion to extend the meeting to 11:00 p.m. Pekala
seconded the motion. The motion carried and the vote was unanimous '
Russo stated that the contours of the western side of th pond is
elevation 252 and the edge of the
island will remain to allow the wildlifestotnestvation there.25T� Th
hexed �
mixture, which is on the back of the plan, will be used for the pojW
and the banks and require no mowing. The existing outlet structure f
comprised of stone and is meant to be an overflow. Ther is plenty'
of flood storage capacity within this pond site.
R$-APPLICATIONS:
A
Application #87-433j, Mountain Laurel Associates 'IWC
the construction of a subdivision on Property located east rlt of
Felt Road .and northerIX of Tallwood Drive
AA-30 zone. Exp3, 1990.1 fires Ma
McCahill stated that there are twelve lots with houses on them in
this site with three actives sites in progress. The stockpiles a
all netted and secure.
Pekala made a motion to approve with previous and standard conditi
Application #87-433. Warren seconded the motion. The motion carri
and the vote was unanimous.
Application #87-4361 RSR-Kellco (Town Center) , IWA/CC p rmit for _
construction of commercial buildings on 2r22erty located on th
westerly side of Buckland Road and southerly side of Ellin ton Road
RC zone. Expires March 9, 1990.
Bruce Kell
ey stated that there is existing pavement on this sit .
The existing buildings are the Bank of South Windsor, a 80,000 ft.
building and a 65,000 ft. building. The only area that is not
stabilized is the area behind the larger building due to 1 ctrica
work going on in this building. The applicant is awaiting two to --
three feet more of fill before the gazebo is established. All arfr
are stabilized, sidewalks were put in during the winter and th
landscaping will follow. r�
l
h
001(`0
.
1CW OF SODS$ W1 EDSM
nuAlwS .'T/G' SffitPA?It COMMON
Mfnntea Paae 2 May 21, 1990 `
Inv stigatory letters have been sent out to 20 Wildwood Circle
b cause a small bulldozer has been operating in the wetlands and to f
125 Stanley Drive for the fill that was placed in the wetlands. k
COR1t8SIIDM1CB Am CCICA?I s
Warren went back to this item because-of a letter from -Richard M. °
Rittenband, Town Attorney, . dated ,May 21, 1990. This letter is
attached as Exhibit A.
• - t
Phis Zz2mffSIOWS: ;.
. k
P kala made a motion to approve with previous conditions the
xt nsions of Application #89-38P, South Windsor Restaurant and
Application #89-15P, Morgan Farms, Lot 7. The motion was seconded by
O'Sullivan. The motion carried and the vote was unanimous.
P kala made a motion to approve the reduction of the bond from
$10,000.00 to $2,500.00 for Victorian Woods, and to release the
following bonds: Vincent Prestileo in the amount of •$3,000.00;
Morgan Farms, Section II in the amount of $25,000.00 and Delco•Air� in
the amount of $5;000.00. The motion was seconded by Brady. Th
motion carried and the vote was unanimous.
OLD BWXI s '.
k
el'op
G
lication #90-14P Mr. & Mrs. Andre Charbonneau MCC =mit for
-thatarther ai
of Killer Road and easterly side of be Rq",v' .A�30 zone
Holcombe asked for clarification of a farm pond from Attorney William
Grac who was representing the applicant.
Jo Russo of Palmberg i Russo did the clarification. He said an
agr ement has been made, with the neighbor Dzen Farms, which allows
the farms to have access to this pond as an irrigation pond. This
pond was yjLpd as an irrigation pond for this particular site when it
was being-farmed. Over a period of time the silt has built up and
some of the silt will be removed per this application.
Holcombe's concern was the placing of •a lawn down to- the water's Iwo
specially where the existing cattails are.
O'Sullivan said there are two different con tatio s in ponds..
cr ating a farm pond is on thing and creating a. privat pond is
anoth r. A privat pond has 1 as value and character than a farm
M fi
TOWN OF SOUTH WINDSOR 001610
INLAND WETLANDS AGffiNCY/CONSERVATION CONKISSION
Minutes Page 3 MaV 21, 1990
pond. Grace said that this will be farm pond/personal pond. If the
Dz ns need the pond, they can have the use of the pond. This
agreement is not in writing, just a verbal agreement between the
Dzens and Charbonneau, owner of the property. If the Commission
desired an agreement in writing, then it would be procured. This is
a site that will contain more pond than wetlands, and at the same
,;. time will be a cleaner pond and stocked with fish.
Russo said in his opinion, from watching the excavator in prior
doings, there will be no silt downstream from the excavation of this
pond unless there is a huge storm. This project will be done in a
,. , proper manner. This plan was based upon a farm pond evaluation from
SCS which also included a checklist to follow.
=' McCahill stated that the site plan will be submitted to the Army
Corps of Engineers . The retaining wall near the proposed house will
be made of concrete and have variable heights.
nd O'Sullivan were concerned Brady
y n erred about grass fertilizers and the
proximity of the wetlands. O'Sullivan stated that the Avery Str t
Pond has putrefied as a result of grass fertilizers not from farming
activity.
Pekala made a motion to approve with conditions Application #90-14P.
The conditions are as follows: Brady seconded the motion.
1 . Two blueprint copies of the entire set of plans and this
;.: letter reproduced thereon, must be submitted to this
commission. This must be completed within 65 days of
approval prior to any construction activity on the site.
Construction activities shall be subject to the approval of
2 .
•
the Town Engineer.
`. 3 . The application shall indemnify and hold harmless the Town
of South Windsor against any liability which might result
from the proposed operation or use.
4. We recommend a bond in the amount of $5,000.00 to be
submitted to Planning and Zoning Commission to ensure
compliance with the erosion and sedimentation control
measures.
5 . The permit is valid for one year and shall expire on May
21, 1991.
6 . All approvals required must be obtained and submitted prior
to any activity on the site.
7 . A contact person shall be id ntified directly on the plans.
L
Q 1'
�[inntes Page 4 Na
y Zl, 1990
Holcombe wanted clarification of the farm pond as it had be n
mentioned that it was 1004 farm pond. If it is a farm pond,
according to IWA/CC Regulations, there can be no filling or
reclamation of wetlands or watercourses with continual flow. This
particular wetland is just that and in his opinion this do s not
automatically approve a _project.
Warren said there was a time when farm ponds were dredged and the
farmers did not have to appear before the INA/CC. The IWA/CC ,was
informed by SCS that they did not have any jurisdiction becaus
agricultural use is an exception.
' Holcombe replied that this application should be treated in a
f
standard way, as a regulated activity in a wetland area. He is
concerned that this pond will become a recreational pond becaus the 1
plan calls for a grassy lawn to be constructed on wetlands wh r
there is an existing valuable wildlife habitat. He was also
concerned about the Commission encouraging anyone to destroy wetland
vegetation in favor of a grassy lawn.
Russo said that it is proposed to construct a wildlife island 'in th
pond. The banks will be left to wetland 'vegetation and wildlif in
the southern portion of the pond area.
O'Sullivan's position is that the wildlife habitat will move on k
because of the proximity of the house.
Discussion ensued regarding the lawn being brought to th edg of thel
pond and the destruction of wetland vegetation and wildlif habitat. {
Holcombe said that the Commission should remember that this is a t
wetland area that is under the Casnission's jurisdiction. Th
proposed activity is regulated activity. There is a differ nc
between grassy lawn and natural vegetation and Holcombe thinks th
Commission should be concerned with this and perhaps mak it a
condition of approval.
Pekala replied that the applicant has shown in Phase I wh r wetlandd1
are being proposed and this is compromise enough.
Brady said that in looking at the overall picture of the site she
views the plan as a good one, with the cooperation of th' n ighbors
and the use of the land, as ccsspared to what this site could be. Sh
said she shared Holcombe's concern however, other natural areas are
being. created to offset the installation of the lawn to ,th edg of
:he pond.
n
Th motion carried and th vot was -unanimous.
i
ED)
J.R. RUSSO & ASSOCIATES z�
Land Surveyors&Professional Engineers
"t6uth Windsor
=aI � � D WETLANDS AdU CY1
Tim! al.
September 29, 1992
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Attn: Mr. John McCahill, Inland/Wetlands
Zoning Inforcement Officer
Dear Mr. McCahill:
Enclosed please find six (6) blank cassette tapes. We are
requesting copies of the minutes for the following Conservation
Commission meetings that were held on March 19, 1990, May 21,
1990 and September 21, 1992.
We appreciate your assistance in this matter. If you, have any
questions or comments please call me at 623-0569.
Very truly yours,
James E. Ussery, r. , L.L.S.
J.R. Russo & Associates
Enclosure
JEU/bah
1 Shoham Road East Windsor, CT. 06088 TEL: (203)623-0569 FAX: (203)623-2485
41
mfDE'may ,(yr m
STATEWIDE INLAND WETLAND i WATERCOURSIP ACTIVITY REPORTING FORM
in accordance with the requirements of Section 22a-39-14 of the Regulations of Connecticut State
Ag nci s, this form is to be completed for each action. Completed forms for all reportabl
actions during a calendar month shall be mailed to the Commissioner by the local agency no later
than th 15th 'day of the month following the month in which the action was tak n. (5
instructions on back)
1. TOWN: _.SOVV%4 tA1-ZP+,0S 0 tt - CIA 10 1 %1 Jam —
2. LOCATION:(original scale copy of the USGS ot1A0 Mao with the site outlined or pinpointed)
USGS QUAD MAP NAME OR UNIT: mlWt lrfrFs'1'- 2
3. APPLICANT r S OR VIOLATOR'S NAME: MA- 4 NAS• ANOM c Ha a W oN Nc1v
4'. PROJECT NhMZ: C ff A a<604 N fi 0W
5. ACTIVITY TYPE CODE: (see list of codes on back, max. of 4 codes)
If type code is 12 or 13, briefly describe the activity:
WoKK t�ct�FOf� TEIt� SGePE OF ?NC lEiWO r '4WKk ORVh 4"3 0"
6. ACTIVITY PURPOSE CODE: (see list of codes on back, max. of 4 codes) . . . . . . . . [ � ]
7. ACREAGE OF WETLANDS AND WATERCOURSES ALTERED: (or proposed to be altered,
temporary or permanent)(for All agency permits, denials and enforcement actions)
A. Wetland Soil(s) Area Altered:`.~ { . ' .� . 4 [ ACRES]
Wetlandsoil symbols (e., � .
g. p PkA� Rn . . . . . . w
B. If soil type is Dclt available specify the area as folio
r�s: `
Swamp [ ACRES] Marsh . . . [ - ACRES)
Bog . . . [ ACRES]
C. Open Water Body Area Altered: . . . . . . . . . . . . . . . . . . . . . [ Q ACRES]
8. ACREAGE OF WETLANDS OR WATERCOURSES CREATED: . . . . . . . . . . . ACRES]
9. LINEAR FEET OF STREAK ALTERATION . . . . . . . . . . . . . . . . . . . . . . [ C FEET]
10. TOTAL ACREAGE OF PROJECT SITE: . . . . . . . . . . . . . . . . . . . . . . . . . [ tZq-39- ACRES]
For Local Agency Use Only * For State Use Only
* *
11. REPORTING MONTH: QC,t" qZ
*
12. PUBLIC HEARING HELD: Y 1 * GIS CODE:
*
13. ACTION: enter letter
A. permit issued LsouerAo
B. permit denied "'�*�
C. permit extend/amend
D. map am ndment
E. of orcement
F. jurisdictional ruling
14. AGENT: mow+ t- rMtcOOW ,.sw+s:o * DATE RECEIVED
********************************
DEP/.rev/10/91
USE A SEPARATE FORM FOR REPORTING EACH REPORTABLE ACTION TAKEN BY THE AGENCY
1. TOWN. Enter the name of the municipality for which the Wetland Agency has jurisdiction.
2. LOCATION. A. Attach an 8 1/2 x 11 inch photocopy of that portion of the United States Geological Survey(USGS) Quadrangle Mai)with
the bounds of the project site outlined(where possible) or pinpointed with an arrow. B. In the lower right-hand corner of each USGS Quad
Map there is an identifying name, write the name from the corresponding map in the space provided, or use the corresponding number(the
numbers range from 1 to 115).
3. NAME. Enter the name of the applicant for a permit,petitioner for a map amendment or jurisdictional ruling,or recipient of the enforcement
action.
4. PROJECT NAME. Enter the name which the owner or applicant has given to the project or the name by which the project site is generally
known.
5. ACTIVITY TYPE CODE. Enter the activity codes which best characterize the activity being reported. Where possible, enter only one
activity code number. Example: a subdivision road or a driveway crossing of a wetland which involves excavation to remove unsuitable
foundation material,_filling,culvertinQ,and channelization of a brook should be coded as#19 "ROADWAY CONSTRUCTION." If the project
also involved outletting stormwater into a wetland, the activity should be coded as #10 for "DRAINAGE IMPROVEMENTS" as well as#19.
6. ACTIVITY PURPOSE CODE. Enter the purpose code which best characterizes the purpose of the activity. Enter only one purpose code
letter.
7. ACREAGE OF WETLANDS AND WATERCOURSES ALTERED (or proposed to be altered). A Soil types and acreage figures should
be provided by the applicant in the application. Enter the soil type symbols from the USDA Soil Survey for your County on the dotted line
and give the total acreage.
B. In the rare case where the wetland soil type is not available, specify the acreage by the general category of wetland type: swamp, marsh,
bog, or open water.
8.ACREAGE OF WETLANDS AND WATERCOURSES CREATED. Enter the total acreage of wetland and watercourse area created directly
or indirectly as a result of the action taken by the Agency.
9. LINEAR FEET OF STREAM ALTERATION. Enter the total length of river,brook stream or other perennial watercourse altered directly
as a result of the action taken by the Agency. Include any culverting(e.g.driveway,roadway,etc.),channel improvements,rip rap. relocation
or dredging.
10. TOTAL ACREAGE OF PROJECT SITE. Enter the total acreage of the property including the acreage of wetlands and watercourses
involved in the Agency Action being reported.
11. REPORTING MONTH. Enter the month and year in which the action being reported was taken.
12. PUBLIC HEARING HELD. Was a public hearing held on this action,circle yes or no.
13. ACTION. Enter the letter of the action which is being reported on the line provided. Choose enforcement when a permit has been
suspended, a notice of violation has been issued, or if an order has been issued.
14. AGENT. for the purpose of this form, "AGENT" means the town agent, secretary, agency chairman or other commission member
responsible for submitting this form. Please PRINT the name of this individual.
TO CONVERT FROM SQUARE FEET TO ACRES, DIVIDE SQUARE FEET BY 43,560.
REPORT ONLY ACRES WHERE ACRES ARE REQUIRED ON THE FORM, DO NOT REPORT SQUARE FEET!
MAIL REPORTING FORMS TO: DEP/Inland Water Resource Division
Room 207, 165 Capitol Avenue
Hartford, CT. 06106
QUESTIONS ABOUT COMPLETING OR FILING MAY BE DIRECTED TO:
THE WETLANDS MANAGEMENT SECTION AT 566-7160
*******************************************************************************************
Code# Activity TYPE Code# Activity PURPOSE
1 Filling A Residential Improvement by Homeowner
2 Excavation B New Resid. Development for Single Family Units
3 Land clearing/grubbing (no other activity) C New Resid. Development for Multi-family/Condos
4 Stream channelization D Commercial/Industrial Uses
5 Stream stabilization E Municipal Improvements
6 Stream clearance (removal of debris only) F Utility Company Improvements
7 Culverting (no roadway) (piping) G Agriculture, Forestry or Conservation
8 Underground utilities (no other activities) H Wetland Creation/Restoration
9 Roadway/driveway construction I Storm Water/Flood Control
10 Drainage improvements J Erosion/Sedimentation Control
11 Pond dredging/Dam construction K Recreation/Boating/Navigation
USE ONLY IF NONE OF THE ABOVE ARE APPROPRIATE L Routine Maintenance
12 Activity in buffer/setback area M Map Amendment
13 Other N State Agency Improvements (for DEP use Only)
��• ail / ,��� �
Y�� ' � � I � � � � -. � � "�,' may'• ��� -
-- rim \ \, �
OWL
ICE
tk
.,� � III"'m►,,.,,/ , � � .�? �� i
40apsoum
s v 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
AREA CODE 203/644-25U
fiber 6, 1992
Attorney William E. Grace
1740 Ellington Road
South Windsor, CT 06074
Dear Attorney Grace:
Re: Application #90-14P, Charbonneau Residence
r
At the October 51 1992 regular meeting of the Inland Wetlands
Agency/Conservation Commission, the Agency discussed the landscaping,
footbridge, and miscellaneous improvements around the edge of th
pond; and the possibility of suspending the permit.
At the meeting the Agency approved a motion to begin the suspensGeneral
proc ss in accordance with Section 22a-42a(d) of the n
Statutes for violation of the permit with the unapproved installation
of the footbridge and retaining walls, and establishment of a lawn the in
a regulated area. As stated in the September 2, 1992
letter,presentation made for the issuance of the original permit
tuindicated
ral ;
that the easterly side of the pond would be left in
not maintained as a mowed lawn.
The Agency will be placing this on the October 19, 1992 agenda to
allow you an opportunity to show compliance with the permit
requirements for retention of the permit. The Agency would also lik
a detailed plan which shows how the footbridge was constructed.
If you have any questions regarding this, please contact John E.
McCahill, Zoning/Wetlands Enforcement Officer, 644-2511, ext. 229.
Very truly, yours,
Vai
abeth A. arren
r - IWA/CC
EAW/pmm
Enclosures
cc: Mr. & Mrs. Andre Charbonneau
J. R. Russo & Associates
IWA/
oning/Wetlands Enforcement Officer
LZrIAL SERVIEUS RZQDSST FOBS
October 20, 1992
DEPARTMENT IOTA/CC CONTROL #
Date of Date Date Date of
Type of Review Request Received Dispatched _ Review
(Check Appropriate line below)
Contractual
Statutory
Regulatory
RXX Other (Please specify)
t
At the October 19, 1992 meeting of IWA/CC, a Commission member requested that I seek your
legal opinion on whether our regular meetings constitute a "hearing" in regard to a permit
violation. A copy of the October 199 1992 IVA/CC agenda has been enclosed and the question
was raised with regard to application #90-14P which is listed under "Site Problems and
Violations".
I have also attached a copy of State Statute 22a-44(a) (as amended. by P.A. 81-125) Vhich
p rtains to this matter.
I would appreciate hearing from you at your earliest convenience. Thank you.
Signature
E1 za th A. Warren, Chairman
cc: IWA/CC
*(To b filled in by Town Manager's Office)
t 411 tq�
rTown
�.�/ •
= p ap
1540 SULLIVAN AVENUE SOUTH WINOSOR COWN. 06074
'iiy �► AREA CODE 203/644-25U
NMICS OF PBMMIT SUSPENSION
October 27, 1992
J
Attorney William E. Grace CERTIFIED MAIL
1740 Ellington Road
South Windsor, CT 06074
D ar Attorney Grace:
Re: Application #90-14P, Charbonneau Residence
At the October 19, 1992 regular meeting of the Inland Wetlands
Agency/Conservation Commission, the Agency discussed their concerns
with the landscaping, footbridge, and miscellaneous improvements
around the edge of the pond on the property referenced above which is
located on the- northerly side of Miller Road, easterly side of Abby
Road, and westerly side of Hearthstone Drive. Mr. Jay Ussery, of
J.R. Russo & ,Associates, was present on behalf of the owners, Mr. &
Mrs. Andre Charbonneau.
At the meeting the Agency approved a motion to suspend the permit
issued .for application #90-14P, Charbonneau Residence citing IWA/CC
Regulations and State Statute 22a-42a(d) , for not complying with th
conditions and limitations set forth in the permit and .exceeding the
scope of the work as presented in the original application. The
Agency requests that the applicant submit a new application, with an
updated drainage study and plans showing the following: the bridge;
. the drain pipe on the west bank (from the existing swale located in
the middle of the property) discharging to the pond; the
embankment/retaining walls located on the east side of the pond; the
lawns located on the east side of the pond; the slab/picnic tabl
located on the east side of the pond; the island/flag pole; and
current grades and elevations ( "as-built" ) .
The Agency also requests information with regard to compliance with
oth r permits (i.e. , Army Corp of Engineers, FEMA, and Surface Water
Div rsion permits) .
Failure to comply with this request could result in an order to
restore the areas of concern back to their prior unaltered
conditions, and -could include the removal of the footbridge and
miscellaneous landscaping; and/or transferal of the matter to th
Y
Attornev William E. Grac Paq Two October 27 1992
Application #90-14P
Town Attorney for court action under Section 22a-44 of the
Conn cticut General Statutes.
Qu stions on this matter should be directed to John E.22c�Cahill,
Zoning/Wetlands Enforcement Officer at 644-25 , t
Very truly yours,
c k '4CL.--
zabeth A. Warren
airman
EAW/pmm -
cc: Mr. & Mrs:. Andre Charbonneau _
J. R. Russo & Associates
IWA/CC
Zoning/Wetlands Enforcement Officer
Town Attorney
Town Manager
r
40�M St,`
Town aps ?d&U1j10t
1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
►l' AREA CODE 203/644-25U
ti
s
NOTICE OF PEF42MT SUSPENSION
October 27, 1992
f
Attorney William E. Grace CERTIFIED MAIL
1740 Ellington Road
South Windsor, CT 06074 i
Dear Attorney Grace:
t
f
R' : Application #90-14P, Charbonneau Residence
At the October 19, 1992 regular meeting of the Inland Wetlands
Agency/Conservation Commission, the Agency discussed their concerns
with the landscaping, footbridge, and miscellaneous improvements
around the edge of the pond on the property referenced above which is
located on the northerly side of Miller Road, easterly side of Abby
Road, and westerly side of Hearthstone Drive. Mr. Jay Ussery, of
J.R. Russo & Associates, was present on behalf of the owners, Mr. &
Mrs. Andre Charbonneau.
At the meeting the Agency approved a motion to suspend the permit
issued for application #90-14P, Charbonneau Residence citing IWA/CC
Regulations and State Statute 22a-42a(d) , for not complying with the
conditions and limitations set forth in the permit and exceeding the
scope of the work as presented in the original application. The
Agency requests that the applicant submit a new application, with an
updated drainage study and plans showing the following: the bridge;
th drain pipe on the west bank (from the existing swale located in
the middle of the property) discharging to the-pond; the
embankment/retaining walls located on the east side of the pond; the
lawns located on the east side of the pond; the slab/picnic table
located on the east side of the pond; the island/flagpole; and
current grades and elevations ( "as-built" ) .
The Agency also requests information with regard to compliance with
other permits (i.e. , Army Corp of Engineers, FEMA, and Surface Water
Diversion permits) .
Failure to comply with this request could result in an order to
restore the areas of concern back to their prior unaltered
conditions, and could include the removal of the footbridge and
(miscellaneous landscaping; and/or transferal of the matter to th
a
J.R. RUSSO & ASSOCIATES
Land Sumeyon St laE+oirlional Engineers
Oct. 28, 1992
Dear Phyllis:
m requesting the previous two
/Wetlands meetings for Mr.
harbonneau (Abbe & Miller
e transferred to the at-
-- pes.
e have the written
if they are available?
Y.
if ny questions please
cal -0569. Thank you.
James Ussery, Jr.
J.R. Russo & Assoc.
OCT 2.9 1992
South Windsor
INLAND WETLANDS AGENCY1
CONSERVATION COMMISS ON
1 Shoham Road 0 East Whulsor. Ift:(203)623-0569•FAX:(203)623-2485
r
SENDER:
• Complete items 1 and/or 2 for additional services. I also Wish to receiv th
• Complete items 3,and 4a,&b. following services (for an xtra
y • Print your name and address on the reverse of this form so that we can fee): '>
' return this card to you. ..
m
�
• Attach this form to the front of the mailpiece,or on the back if space 1. El Addressee's Addr ss N
does not permit.
_ • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery
++ • The Return Receipt will show to whom the article was delivered and the date V
C delivered. Consult postmaster for fee.
3. Article Addressed to: 4a. Article Number
a P 007 587 009
E ATTORNEY WILLIAil' E GRACE 4b. Service Type
0 1740 ELLINGTON _OAD ❑ Registere �� � sured Im
N ❑ Certif' d %14 a C
W SOUTH WIl`1DSOR CT 06074 ❑ Ex s Mail E] r Receipt for .�
CMcPfc d i s e L
7. D f tDel�" )—
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5. Signature (Addressee) 8. A ressif requestedD an fee 6. Signature (Agent)LU
0
H PS Form 3311, De tuber 1991 it U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT
t
APPEARANCE STATE OF CONNECTICUT
JD-CL•12 Rev.3.92 SUPERIOR COURTMIR
Pr.Bk §§64,65,630
INSTRUCTIONS
.1. Judicial District Court Locations:In any action returnable to a Judicial District court location,file only the original with the Pl*ml tions
see instruction #3.
2. Qsogrephical Ana or Juvenile Matters Court Locations:In any action returnable to a Geographical Area or Juvenile Matt s co Iqg f n except
criminal actions, file original and sufficient copies for each party to the action with the clerk. In criminal actions see in it ndew
3. In Criminal Actions(Pr. Bk.630):Serve a copy of the appearance on the prosecuting authority,complete the certificaMARMARW116 Y+
with the clerk. 'CONSIMATION OOMMIWON
4. In Summary Process Actions:In addition to instruction#1 or#2 above,mail a copy to the attorney for the plaintiff,or if there is no such attorney, to
the plaintiff and complete the certification below.
5. For"In•lleu-of"Appearances(Pr. Bk. §65):Complete the certification below.
B. Pursuant to Practice Book§352,if a party who has been defaulted for failure to appear files an appearance prior to the entry of judgment after default,
the default shall automatically be set aside by the clerk. DOCKET No.
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RETURN DATE
TO: The Superior Court �CER 8 1992
NAME OF CASE(FIRST-NAMED PLAINTIFF VS FIRST NAMED DEFENDANT) i
CFMRB0NNW Andrej, Et Al v. Inland Wetlands Cmui.ssion of the Tb wn of South Windsor
ADDRESS OF COURT(No.,street,town and zip coot)
® Judicial Housing
District ❑ session ❑G.A. No. 95 Washington Street, Hartford, CT 06106
N/�jyA L SE PARTY
PLEASE ENTER THE APPEARANCE OF ►
MAILING ADDRESS(No.,street,P.Q Box) • JURI NO.(if applicable)
Post Office Box 120 85138 4
CITYfTOWN STATE ZIP CODE TELEPHONE NO.
Hartford Cr 06141-0120 566-2090
In the above-entitled case for. ("X"appropriate box)
❑ The Plaintiff.
❑ All Plaintiffs. j
❑ The following Plaintiff(s) only: i
f
❑ The Defendant.
❑ All Defendants. `
® The following Defendant(s) only: OiOittttlissionler of Envirormiental Protection
4
NOTE: If other counsel have already appeared for the party or parties indicated above, state whether this appearance is: z
❑ In lieu of appearance of attorney or firm already on file (Pr. Bk. 65) OR
(Name)
❑ In addition to appearance already on file.
SIGNED(lndivpual attorney or pro se pa PRINT OR TYPE NAME OF PERSON SIGNING AT LEFT DATE SIGNED
X ` Janet P. Brooks 12/10/92
CERTWWATKM FOR COURT USE ONLY
This certification must be completed in summary process cases(Pr. Bk. §64(c));for "in-lieu-of"
appearances(Pr. Bk. §65),and in criminal cases(Pr. Bk. §630).
I hereby certify that a copy of the above was maileWdelivered to:
❑ All counsel and pro se parties of record. (For summary process and criminal actions)
❑ Counsel or the party whose appearance is to be replaced. (For "in-lieu-of"appearances)
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SIGNED(Indwidual attorney or pro se party) DATE COPY(IES)MAILED/DELIVERED
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- SUMMONS
CNIL(except family actions) SUPERIOR COURT „Amount lega OF l Interest nt Ore t FOLLOWING:
p op-
JD-CV-1 Rbr. 3.91 0 0 erty In demand, exclusive of In-
GEN.STAT.51-346,51.347.51-349,51-350,52-45a, terest and costs Is
$2.48.52-259 INSTRUCTIONS a.
PR.�49.�,� ❑ less than$2,500
. 1. Prepare on typewriter:sign original summons(top sheet)and conform copies of ft summons(sheets 3 and 4). b. ❑ $2,500 through$14,999.99
2. N Dare Is more than one defendant,prepare or photocopy conformed summons for each additional defendant. c, ❑ $15,000 or more
3. Attach the original summons, with computer sheet attached (page 21 to the original complaint, and attach a copy of the
summons to each copy of the complaint Also,H there are more than 2 plaintiffs or 4 defendants prepare form JD-CV-2 and attach
It to Hie orW al and all copies of the complaint. d. ❑ 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. tion to or In lieu of money
5. The party recognized to pay costs must appear personally before the authority taking the recognizance. damages.
6. Do not use this form for actions in which an attachment,garnishment or replevy is being sought. See Practice Book Section 49
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.
N JUDICIAL DISTRICT AT(Town in which writ is returnable)(Gen.Slat.51-346,51.349) RETURN DATE(Mo.,day,yr.)
D HOUSING SESSION O G.A. Hartford
ADDRESS OF CLERK OF COURT WHERE WRIT AND OTHER PAPERS SHALL BE FILED(Gen.Stat.51-347,,51-350) CASE TYPE(From Judid7al Dept.code Ust)
95 Washington Street, Hartford, Cr 06106 Major A Minor 90
PARTIES NOTE:Indivldual's Names: NAME AND ADDRESS OF EACH PARTY Form JD-CV-2
Last, First, Middle Initial ❑ attached
FIRST NAMED CHARBO J Andre L.• 311 Felt Road South Windsor CI' 06074
PLAINTIFF ► i i ► r j
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Ad
ditional
al C HARBC NEAU, Ernestine; 311 Felt Road, South Windsor, CI' 06074
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FIRST NAMED INLAND WETLANDS C70141ISSION 1540 Sullivan Avenue f
DEFENDANT ►
Additional °
Defendant
i
Additional g
Defendant
Additional
Def ndant
4
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 blieve 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 "Appearance" form should consult an attorney promptly. The Clerk of Court is
on time, a judgment may be entered against you by def) It. not permitted to give advice on legal questions.
DATE SI NED(sign and"X"p►V",t%�o
TYPE IN NAME OF PERSON SIGNING AT LEFT
Nov�esnber 10, 1992 ® Commissioner of Superior Court
Assistant Clerk James H. Throwe, .
FOR THE PLAINTIFFS ENTEA THE APPEARANCE OF:
NAME AND ADDRESS OF ATTORNEY,LAW M OR P INTIFF IF PRO SE TELEPHONE NO. T URIS NO.(it ally.or law firm)
Leone, Throwe & Nagle, Connecticut Blvd, East Hartford, Cr 28-2145 33786
NAME AND ADDRESS OF PERSON RECOGNIZED TO PROSECUTE IN THE AMOUNT OF$250 SIGNATURE OF PLAINTIFF IF PRO SE
Rlosemary J. Crejdus; 33 Connecticut Blvd, East Hartford, Cr 06108
NO.PLPS. NO.REFS. NO.CNTS. SIG D(Olficlal taking recognizancr, roper box) For Court Use
2 1 1 Commissioner of Superior Court
❑ Assistant Clerk RECEIPT NO.
No
A (\ \ El Fe
IF THIS SUMMON SI ED by a CLERK: FILE DATE
a. The signing has been done so that the Plain- advice in connection with any lawsuit. U
tiff(s)will not be denied access to the courts. T
d. The Clerk signing this Summons at the re-
b. It is the responsibility of the Plaintiff(s) to quest of the Plaintiff(s) is not responsible
see that service is made in the manner
pro-
in any way for any errors or omissions in w EpuTY 51� RTF RP
vided by law. the Summons, any allegations contained in OU TY Og
c. The Clerk is not permitted to give any legal the Complaint, or the service thereof.
1 hereby certify I have read SIGNED(Pro se plaindtf) DATE SIGNED DOCKET NO.
and-understand the above:
SUMMONS, Civil
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RETURN DATE: December 8, 1992 : SUPERIOR COURT
ANDRE L. CHARBONNEAU JUDICIAL DISTRICT OF
HARTFORD/NEW BRITAIN
VS. AT HARTFORD i
INLAND WETLANDS AND ,
WATERCOURSES COMMISSION OF
THE TOWN OF SOUTH WINDSOR NOVEMBER 10, 1992
.I
SUMMONS AND CITATION
,r
TO ANY PROPER OFFICER:
,k
BY AUTHORITY BY THE STATE OF CONNECTICUT, you are hereby
e
x
commanded to summon the INLAND WETLANDS AND WATERCOURSES ;
COMMISSION to the Town of South Windsor of 1540 Sullivan Avenue,
South Windsor, Connecticut, to appear before the Superior Court
for the Judicial District of Hartford/New Britain at Hartford on
December 8, 1992, the appearance not be in person but to be made
:r
by the Inland Wetlands and Watercourses Commission or its
attorney by filing a written statement of appearance with the
.I
Clerk of the Court whose address is 95 Washington Street, ;
Yy
f
Hartford, Connecticut 06106 on or before the 2nd day following
i
this return date, then and there to answer the foregoing R¢
Complaint/Appeal of Andre L. Charbonneau and Ernestine
Charbonneau, by making service upon it at its office at 1540
j
LEON E, Sullivan Avenue, South Windsor, Connecticut and at the usual
rHRowe a NAGLE place of abode of the Chairman of said Commission, and by serving '
ATTORNEYS AT LAW
3 °"NECTIGUT BLVD. upon the Town Clerk of South Windsor, a true and attested copy of
M HARTFORD,CT 06106
'EL.(203)528-2145
JuR1s N .33786 {{
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the Complaint/Appeal, this Summons and Citation and Recognizance j
at least twelve (12) days before the return date. Rosemary J.
Grejdus of East Hartford, Connecticut, is recognized in th sum
of Five Hundred and 00/100 ($500.00) Dollars to prosecute this
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appeal to effect and comply with the orders and decree of this
Court, and the Plaintiffs shall pay any costs for which Judgment
may be rendered against them thereon.
E
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HEREOF FAIL NOT but of this Writ with our doings thereon make
due service and return.
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Dated at East Hartford, Connecticut this loth day of November,
1992.
{
PLAINTIFFS
ANDRE L. CHARBONNEAU
ERNESTINE CHARBONNEAU
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B �
J S H. THROWE, Their Attorney
LE NE, THROWE & NAGLE
Connecticut Boul vard
East Hartford, C 0 108
Juris No. 3786
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LEON E, j
THROWS ac NAGLE
ATTORNEY&AT LAW, i�`�O
33 CONNECTICUT BLvD. SPY 0f µ .+�Tf
:Arr HAWWORD.CT 06106 O T
TEL.(203)528-2145
JuRI&No.33786
—2—
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RETURN DATE: December 8, 1992 : SUPERIOR COURT
ANDRE L. CHARBONNEAU JUDICIAL DISTRICT OF
HARTFORD/NEW BRITAIN
VS. AT HARTFORD
INLAND WETLANDS AND ,
WATERCOURSES COMMISSION OF
THE TOWN OF SOUTH WINDSOR NOVEMBER 10, 1992
A P P E A L
TO THE SUPERIOR COURT FOR THE JUDICIAL DISTRICT OF
HARTFORD/NEW BRITAIN AT HARTFORD ON DECEMBER 81 1992, com s Andre
L. Charbonneau and Ernestine Charbonneau both of the Town of
i
South Windsor, County of Hartford and State of Connecticut, who
are appealing from the actions of the INLAND WETLANDS AND
WATERCOURSES COMMISSION of the TOWN of SOUTH WINDSOR, wherein I
they complain and say:
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1. At all times relevant herein the Defendant Inland j
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Wetlands and Watercourses Commission was and is a Commission of
the Town of South Windsor. C
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2. At all times relevant herein the Plaintiffs Andr L.
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Charbonneau and Ernestine Charbonneau were and are an applicants
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for a permit in the Inland Wetlands proceedings described below,
pursuant to Connecticut General Statutes Section 22a-36, et seq.
and are aggrieved by the decision of the Commission described
LEoNE,
THROWS& NAGLE below.
ATTORNEYS AT LAW 6
33 CONNEGTicuT BLvD.
EAST HARTFORD.CT 06108
TEL.(203)528-2145
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JuRis No.337 6
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3. At all times relevant herein the Plaintiffs Andr L.
Charbonneau and Ernestine Charbonneau were and are the owners of
Northeast corner of the intersection of Abbe Road and Mill r
Road, South Windsor containing 24.38 acres of Wetland involved
in the Inland Wetland decision described below, and are aggrieved
by the decision of the Commission described below.
4. On February 15, 1990, the Plaintiffs, submitted an
application to the Commission to Alter wetlands by dredging
activities in a regulated wetland, seeking permission from the
Commission to conduct such dredging and some filling as a
permitted use.
f
5. The Defendant held a hearing on this matter on May 21,
1990, at which time the Plaintiffs appeared and were granted a
f
permit in accordance with Exhibit A attached hereto.
6. On various days thereafter, the permit was extended until '
May 21, 1995. See Exhibit B and C attached.
i
7. On October 19, 1992, the commission at a regular meeting
voted to suspend the permit previously granted for alleg, d
violation of the conditions and limitation of the permit.
H
Exhibit D attached
8. Notice of the Defendants suspension action was mail d to }
LEONE, the plaintiffs' attorney on October 28, 1992 and deposited in th
THROWS& NAGLE
ATTORNEYS AT LAW mail on October 30, 1992. A copy was mailed to the Plaintiffs.
33 C NNECTICUT BLVD.
ST HARTFORD.CT 0810E
TEL.(203)528-2145
JuRts No.33786 y
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9. Notice of the Defendants suspension action was published
in the Journal Inquirer Newspaper on October 26, 1992.
10. In determining that the plaintiffs activities violated
the conditions of the permit, the Defendant acted illegally
arbitrarily and in abuse of the discretion vested in it in one or
more of the following ways:
a. the determination was in violation of statutory
provisions;
r
b. the determination was in excess of the statutory
authority of the agency;
c. the determination was clearly erroneous in view of the
F
reliable, probative, and substantial evidence of the whole !
i
record; I
d. the determination was arbitrary, capricious and !
characterized by an abusive and unwarranted exercise of
discretion;
e. the Defendant failed to carry out its purposes by failing
to consider those factors regarding the regulation of wetlands
required by statute;
V
f. the Defendant failed to state its reasons and findings
for its determination;
LEONE, g, the determination was contrary to the law; and
THROWE& NA LE
wTTORHErs AT LAW
88 C HNECTICUT BLVD.
►sT HARTFORD,CT 06108
TEL.(203)528-2145
JURIS NO.89786
_3_
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h. the Commission, comprised of laymen, in a matter
concerning technically complex issues such as previous
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disturbance to the wetlands and the effect thereof, relied on
their own knowledge in complete disregard of contrary exp rt
,
testimony.
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i. the Commission, failed to provide a public hearing as
required by law.
j . the plaintiffs, have a valid permit from the army corps
of engineers.
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WHEREFORE, the Plaintiffs pray the Court to sustain their app al
and direct the Commission to reinstate the plaintiffs' permit and
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to grant such other relief as to equity or law may appertain.
Dated at East Hartford, Connecticut this loth day of November,
1992. i
PLAINTIFFS
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rE.
. THROWE, Their Attorn y
OTHROWE & NAGLE
ecticut Boulevard
East Hartford, CT 06108
LEONE, Juris No. 33786
THROWE& NAGLE
ATTORNEYC AT LAW
t
!3 CONNECTICUT BLVD. P _
iT HARTFORD.CT 06106 S
TEL.(203)526-2145 M JR. `
JuRIs No.33766 w R U ERI j
DF- TY 5 NT of ARTF RD
Y
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r)Ec- 1992
South Windsor
RETURN DATE: DECEMBER 8, 1992 INLAND WETLANDS AGENCY)
CONSERVATION COMMISSIOA
{
ANDRE L. CHARBONNEAU, ET AL. SUPERIOR COURT
a
JUDICIAL DISTRICT OF
�I HARTFORD - NEW BRITAIN
!� AT HARTFORD }
j' V.
INLAND WETLAND COMMISSION
OF THE TOWN OF SOUTH WINDSOR DECEMBER 10, 1992 r
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ANSWER OF DEFENDANT, COMMISSIONER OF ENVIROMMTAL PROTECTION
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The defendant, Commissioner of Environmental Protection, has '
insufficient information or knowledge to form a belief as to all' ?
-allegations and leaves the plaintiffs to their proof. t
DEFENDANT
TIMOTHY R. E. REENEY,
COMMISSIONER OF
4 ENVIRONNEN'1'AL PROTECTION
BY: RICHARD BLUMENTHAL
ATTORNEY GENERAL
Janet P. Brooks '
Assistant Attorney General
P.O. Box 120
Hartford, CT 06101
(203) 566-2090
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J.R. RUSSO & ASSOCIATES
D '
Land Surveyors&Professional Engineers
JAN 15
South Windsor
INLAND A.�os AGENC1r1
WNSJ&RVWMINISS,.
January 12, 1993
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor, CT - 06074
To Whom It May Concern:
On February 1, 1993 a Hearing will be held by the Town of
South Windsor Inland Wetlands Commission regarding the
Application of Ernestine Charbonneau for property located
at the northeast corner of Miller Road and Abbe Road.
The Hearing will commence at 7:30 p.m. in the Sprenkel
Room of the South Windsor Town Hall located at 1540 Sullivan
Avenue, South Windsor, CT.
If you have any questions regarding this Application please
contact Mr. John MaCahill at the Town of South Windsor,
phone number 644-2511 Ext. 229.
Very truly yours,
i
James E. Ussery, Jr. , L.L.S.
J.R. Russo & Associates
JEU/bah
1 Shoham Road East Windsor, C.T. 06088 • TEL: (203)623-0569 FAX: (203)623-2485
1
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1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
AREA CODE 203/644-2511
January 19, 1993
TO: Elizabeth A. Warren, Chairman, IWA/CC
FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer
Re: Application #93-02W, Charbonneau Residence
DOCUMENTS REVIEWED: Application form, Topographic Plan sheet 1 of
1 (dated 4/25/92 and revised through 1/5/93) ,
and file for application #90-14P
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COMMENTS:
1. The application form, item G, does not indicate that notification
letters went out to the abutters. A list of the abutters and a C
copy of the letter (dated 1/12/93) have been submitted. (The
application was submitted on 1/8/93. )
2. This application is being submitted in response to the attached
Notice of Permit Suspension (dated October 27, 1992) which was
issued regarding application #90-14P. On December 7, 1992 the
Inland' Wetlands Agency/Conservation Commission held an Executive
Session with the Town Attorney to discuss the pending litigation.
3. The attached Notice of Permit Suspension specifies the information
r quested by the Agency. The plans submitted would appear to show
th additional improvements which were done on this site. The
applicant, or a representative, should be prepared to address th
Ag ncy's request for an updated drainage study, current grades and
el vations, and compliance with other permits.
4. I have no additional comments or suggested approval conditions at !
this time. r
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s � 1540 SULLIVAN AVENUE SOUTH WINOSOR. CONN. 06074
AREA CODE 203/644-2511
January 22, 1993
{
Denis Conklin
Hartford County Soil & Water Conservation District
627 River Street
Windsor, CT 06095
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Dear D nise:
Re: Application #93-02W, Charbonneau Residence !,
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I briefly discussed this application with Eric Scherer, D.C. , SCS
yest rday, and after discussing it with the Vice-chairman of the
South Windsor Inland Wetlands Agency/Conservation Commission, th
Agency would like to request that the Soil Conservation Service
review the files and plans, walk the site, and offer comments
r garding the activities adjacent to the recently dredged pond.
(Pleas note that Steve Cote, Soil Conservationist, SCS was involved
with the design of the original dredging plan in April of 1990. )
f
In my conversation with Eric Scherer, I indicated that this was
scheduled for our February 1, 1993 agenda. Because of the tight time i
fram it would be best if he stopped at our office to review the
files and plans (rather than attempting to forward maps, and the
like) ; then walk the site. He was agreeable to this.
If there are any questions, please don't hesitate to contact me at-
644-2511, ext. 229.
E
Very truly yours,
t
John E. McCahill
Zoning/Wetlands Enforcement Officer
JEM/PMM
cc: IWA/CC
J. R. Russo & Associates
PROJECT NAME/LOCATION G
y�,�,As.v y EAu of stodwCrv,'
/A/t I.tL,vR
APPLICATION # 92-O AlW
DATE l L s'
DOTE TO fM FILE:
Re:-- Sraw
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JAN 29 '93 12:02PM AT&T FAX 9015PF P.2
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J.R. RUSSO & ASSOCIATES
L&W Swmmym&
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January 29, 1993
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M9 Elizabeth A. Wairren, Chaff rwoman
Town of South Windsor
Inland Wetlands Agency/Conservation Comission
1540 Sullivan Avenue
South Windsor, CT 06074
Re; Application of Andre L. Charbonneau
Miller Road a Abbe Road, South Windsor, CT.
Dear No Warren:
i
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Because of a scheduling conflict fir. Charbonneau's Attorney is
not able to attefd the inland Wetlands Agency/conservation �
Commission meeting on February 8, 1993. Mr. Charbonneau
th refore is requesting that his application be placed on
th ag nda of t,)e March 8, 1993 meeting.
Thank you for your cooperation in this matter.
Vwry truly yours,
A
James S. Ussery, r. , L.L.S.
J.R. Russo s Assoicates
CL:: A. Char}„oinitau
J. Throwe
K. Tolonen
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1 Shohm Road•East VAndwr,, CT.06088 •71MI (23)623-Ow • FAX: (203)623-2495
TAN 29 '93 12:01PM AT&T FAX 3015PF P.1
J.R. RUSSO&ASSOCIATES
Uwadnwmmw
1 Stdw ►R d
Esc wir oboes
TEL: (203)623.0669 �
FAX:(203)623-
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From: f
Number of Pages inclwdtng Cover sheet: At
Attention: All ffAkA6e Aa=x
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J.R. RUSSO & ASSOCIATES FEB ' 1993
Land Surveyors&Professional Engineers South Windsor
INLAND WETLANDS AGENCY)
CONSERVATION COMMISSI A
January 29, 1993
To Whom It May Concern:
Because of a scheduling conflict, the application of Ernestine
Charbonneau before the South Windsor Inland Wetlands Commission
has been rescheduled for March 8, 1993 at 7 :30p.m. in the
Sprenkel Room at the South Windsor Town Hall located at 1540
Sullivan Avenue.-
If you have any questions regarding this application please
contact Mr. John MaCahill at the Town of South Windsor,
phone number 644-2511 Ext. 229.
Very truly yours,
James E. Ussery, r. , L.L.S.
J.R. Russo & Associates
1 Shoham Road East Windsor, CT. 06088 TEL: (203)623-OM9 FAX: (203)623-2485
J.R. RUSSO & ASSOCIATES
Land Surveyors&Professional Engineers
FED T
SOUth Windsor
ONL MO WE7-LMOS AGEMCY/
WNS.ERVATIOM COMMISSWN
January 29, 1993
Ms Elizabeth A. Warren, Chairwoman
Town of South Windsor
Inland Wetlands Agency/Conservation Commission
1540 Sullivan Avenue
South Windsor, CT 06074
Re: Application of Andre L. Charbonneau
Miller Road & Abbe Road, South Windsor, CT.
Dear Ms Warren:
Because of a scheduling conflict Mr. Charbonneau' s Attorney is
not able to attend the Inland Wetlands Agency/Conservation
Commission meetipg on February 8 , 1993. Mr. Charbonneau
therefore is requesting that his application be placed on
the agenda of the March 8, 1993 meeting.
Thank you for your cooperation in this matter.
Very truly yours,
James E. Usserv, Jr. , L.L.S.
J.R. Russo & Assoicates
cc: A. Charbonneau
J. Throwe
K. Tolonen
1 Shoham Road East Windsor, CT. 06088 TEL: (203)623-0569 0 FAX: (203)623-2485
•
• 627 River Street
Pam• united Stat s Soil Windsor, CT 06095
Department of Cons rvation
Agriculture Service TEL (203) 688-7725
February 1, 1993
TO: Denise Conkling, District Manager
Hartford County Soil and Water Conservation District
FOR John E. McCahill, Zoning/Wetland Enforcement Officer
Town of South Windsor
FROM:J. Eric Scherer, District Conservationist
USDA-Soil Conservation Service
RE: Site plan review of South Windsor IWWA Application#93-02W, Charbonneau
Residence
On January 27, 1993 a site plan review was made of the above referenced application at the
request of the Town of South Windsor Inland Wetlands Agency/Conservation Commission.
The Commission has requested assistance in reviewing the possible impacts to water
resources from activities on or around a recently dredged and enlarged pond. The pond in
question had been the subject of a seperate review by this office several years ago (review
dated 4/30/90).
Information used in the review included: a "Topographic Plan-Owner-Ernestine M.
Charbonneau-Developer-Andre L. Charbonneau- 125 Edwin Road-South Windsor,
Connecticut", dated 4-29-92 with revisions dated 1-5-93; Hartford County Soil and Water
Conservation District file No. 79 (files on previous district reports); current Town of South
Windsor IWWA application. The following information is offered for consideration:
A detailed Operation and Maintenance (O&M) Plan for the pond should be
developed that will protect the existing water resources of the site" including the
pond, surrounding wetlands as delineated on plans and watercourses located outside
of the pond itself. This plan could be adopted as part of a condition,of approval of
the application.
In an effort to provide for a healthy pond the O&M Plan should address those issues
that would impact the water resource adversely. This could include the introduction
of nutrients into the water system through fertilizers,addition of organic matter from
grass clippings, and the addition of nutrients from domesticated animals, particularly
water fowl.
' Th Soil Conservation Servic
Ois an agency of the d
vD partm nt of Agriculture E
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Delineate the following areas on plans: Native/Natural Wedand Area(located along
the southern pond edge between "Limit of Lawn along the West side of pond" to the
"Existing Rip-Rap"); Highbush Blueberry Area(located from "Existing Rip-Rap" to
"Limit of Lawn on East side of pond"); Moderate Lawn Maintenance Area(located
as a 44 foot buffer around the remainder of the pond area); Low Maintenance Lawn
Area(located between the Moderate Lawn Maintenance Area on the East side of the
pond and the existing upland wooded area adjacent to the conservation easement
area); High Maintenance Area(located between the Moderated Maintenance Area
on the West side of the pond and the proposed house). The difference between the
three lawn areas will be the type of herbaceous plant species recommended, the
frequency of cutting/mowing and the presence or absence of chemical fertilizers.
i
The Low Maintenance Area will be mowed twice a year to control shrubs and other
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woody vegetation. Plant species used here would include wildflowers and taller
,
growing legumes. No chemical fertilizer would be used in this area. The seed
mixture shown on plans is suitable (birdsfoot trefoil, crown vetch and red fescue).
The Moderated Maintenance Area would be a grass/legume mixture adapted to
6
moderate mowing to a height of 4 to 6 inches. No chemical fertilizers would be
used. AU clippings would be removed from area to reduce potential from entering
f
pond.
The High Maintenance Area will be maintained as a normal lawn area.
,
It is recommended that all domesticated water fowl be kept off pond and not to
encourage the over wintering of migratory fowl. The use of the pond by water fowl
will increase the adverse impact to water quality due to the introduction of feces
4
from the fowl.
Additional considerations can be added to the O&M Plan to ensure the protection of both
on and off site water resources. This office would be available for a review of any further
development of plans for this site.
4
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TWIN I C G
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� �?' — T•R•R vsfp I�it oC.
Hartford County Soil and Water Conservation istrict`M"y
627 RIVER STREET WINDSOR, CT 06095 688-7725
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F bruary 8, 1993 . FEB 9 10
South Windsor
INLAND WETLANDS AGENCY/
Mr. John E. McCah i l l CONSERVATION COMMISSION
Zoning/Wetlands Enforcement Officer
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Dear Mr. McCahill,
In your letter of 1/22/93, you informed us that your commission
had requested the assistance of J. Eric Scherer with matters
involving your IWWA Application 093-02W (the Charbonneau
residence) . -
Enclosed please find the report submitted to me by J. Eric
Scherer, District Conservationist, USDA-Soil Conservation
Service. This report addresses the request made by your
Commission.
Sincerel ,
Douglas Hoskins III
Natural Resource Planner
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s 040 SULLIVAN AVENUt • SOUTH WINCWR.CONN. OW74
ARC► Coos 2031"4.2=
Fax.# - 203/644-3781
FACSIMILE MESSAGE TRANSMITTAL FORM
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Date:
PLEASE DELIVER THE FOLLOWING PAGES TO:
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NAME:. �I1��t •
ADDRESS:
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FAX. # Z 9/• 8' ��
MESSAGE FROM.
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NAME: T�, /r!` ��40
ADDRESS:
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MESSAGE
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NDMDER OF PAGES TO FOLLOW,
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TOWN OF SOUTH WINDSOR ID :203-644-3781 FEB 17 '93 14 :35
TRRNSM I T CONF I RMRT I Ott REPORT
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N0 . 004
RECEIVER : 2918191
TRANSMITTER TOWN OF SOUTH WINDSOR
DATE FEB 17 '93 14 :35
DURATION : 02 '26
MODE : STD
PAGES 04
RESULT : OK
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J.R. RUSSO & ASSOCIATES 4 W
Land Surveyors&Professional Engineers South Windsor
INLAND WETUNN AGENCYI
Andre L. Charbonneau
Miller Road and Abbe Road,
South Windsor, Connecticut
Site Maintenance Narrative e r
March 1993 ----�"
i
The proposed residential lot consists of 20 .62 acres and is
located at the northeast corner of Abbe Road and Miller Road.
The site will consist of six areas which are delineated on
the plan set and will be described in this narrative as to
establishment and/or maintenance.
E
A. ) Moderate Maintenance Area (MMA) .
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The Moderate Maintenance Area is that land located between E
the pond edge and a line 40 ' distant from the pond's edge as
designated on the plan set. Moderate Maintenance Area will
be planted ih a grass/legume mixture and will be maintained
at a moderate mowing height of 4" to 6" . No chemical fert-
ilizer will be used in this area and all clippings will be
removed during mowing. Clippings shall be either removed k
from the site' or placed in an area where they cannot be
carried back into the pond during a storm event.
I
Moderate Maintenance Area Seed Mixture
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Seed Lbs/Acre Lbs/1000 S.F.
Crown Vetch 15 0.35
Redtop 2 0 .05
Creeping Red Fescue 20 0.45 ;
The seeding dates for this should be between April 15 and i
June 1 or from August 15 through September 15. The Crown
Vetch must be treated with inoculant as reccomended by supplier.
No chemical fertilizer will be used in this area.
B. ) Low Maintenance Area (LMA) .
The Low Maintenance Area (LMA) is that area located between
the MMA and the wooded upland located on the east side of the E
pond and the island. This area will be planted in wild flowers
and taller legumes. The area will be mowed twice a year and no
chemical fertilizer will be used.
Seed Lbs/Acre Lbs/1000 S.F.
Birds Foot Trefoil 15 0.35
Crown Vetch 8 - 0.20
Tall Fescue 20 0.45
1 Shoham Road East Windsor, CT. 06088 TEL: (203)623-0569 FAX: (203) 623-2485
1
The seeding dates for this should be between April 15 and
June 1 or from August 15 through September 15. The Crown
Vetch and Birds Foot Trefoil must be treated with inoculant
as recommended by supplier. No chemical fertilizer will be
used in this area.
C. ) High Maintenance Area (HMA) .
The High Maintenance Area (HMA) will be located west of the
MMA on the west side of the pond, as designated on the plan
set. The area will be maintained as a normal lawn would be.
Special care should be taken when applying chemical ferti-
lizers to the HMA to prevent them from entering the pond. A
50% reduction in application rates should be used within a
50 ' distance of the MMA.
D. ) High Bush Blueberry Area.
This area is located at the southeast corner of the pond.
The area will be planted with 10 high bush blueberry shrubs
(vaccinium corymbosum L. ) . The shrubs should be approximately
24" spread and be balled. No maintenance will be required in
this area and no chemical fertilizer will be used.
E. ) Native Natural Wetland Area.
This area is located between the south side of the pond and
Miller Road. No additional plantings or maintenance are
required in this area.
F. ) Pond Area.
No planting is required within the pond. The island will be
maintained the same as the low maintenance area. Care should
be taken in all other areas to prevent chemical fertilizers,
grass clippings and other herbaceous plant life from entering
the pond.
Domesticated waterfowl should not be allowed on the pond and
migratory fowl should be discouraged from inhabiting the pond
and pond bank. The use of the pond by any waterfowl will ad-
versely affect the quality of the water.
.."V �0�►�i�i/
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rn accordance with the requirements of Section 22a-39-14 of the R gulatfons of Connecticut stat
Agencies., this fox= Is to be completed for each action. Completed forma for aZZ reportable
actions during a calendar month shall be mail d to the Cesfoner by the local agency no later
instructlons on back)
than the 15th dap of the month following the month-
nth which the action was taken. (so
1. TOWN• SOOT4 WujoSoR
2. LOCATION:(original scale copy of the tm aw Mao with the site outlined or pinpointed)
USGS QUAD MAP NAMB OR DNIT: M(1 Nc H E,STE2-
.3. APPLICANT'S ANDRF L. CHAoLfLoNNt AV
4. PROJECT NAME: N ory r C RESZOENCE)
5. ACTIVITY TYPE CODE:.(see List of codes on back, max. of 4 codes) [ t z
If type code is 12 or 13, briefly describe the activity:
FboT BanoG� STONb� HMt.G.S opt arvw•rrt" �rP�' �v !3 yFrr"�� �er"� O� �oMo
6. ACTIVITY P[I TOSE CODE: (see list of codes on beck, max, of 4 codes) . . . , . . , , , , [ A ]
7. ACREAGE OF WETLANDS AND WATERCOURSES ALTERED; (or proposed to be altered,
temporary or permwwnt)(for AID agency permf ts, denials and enforcement actions)
i
A. Wetland Soill(s) Area Altered: . . . . . . . . . . . . . . . . . . . . . . [ 0. I7_ ACRES]
-Wetland soil symbols (e.g. Lg, PkA, Rn) . . . . . . : . . . . S,bA
B. If soil type is not available specify the area as' follows:
Swamp . . . [ ACRES] Marsh . . . [ ACRES]
Bog [ ACRES]
C. Open Water Body Area Altered: [ O ACRES
] i
8. ACREAGE OF WETLANDS OR WATERCOURSES CREATED: . . . . . . . . . . . [- D ACRES]
91. LINEAR FEET OF STREAM ALTERATION [ O FEET
10. TOTAL ACREAGE* OF PROJECT SITE: [ 2o.6 Z ACRES]
For Local Agency Use Only. * For State Use Only
*
11. REPORTING MONTH: MAR 4 3
* *
12. PUBLIC HEARING HIEI ; y * GIS CODE:
13. ACTION: enter letter $_
A: ermit issued
B.
C. permit extend/amend
D. map amendment - -
��- E. enforcement
F• jurisdictional ruling.JI
14
.
AGENT
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March 1, 1993
Ms. Betty A. Warren, Chairperson
South Windsor Inland Wetlands Commission k
494 Abby Road
South Windsor, Connecticut 06074
Re: Application of Ernestine Charbonneau {
Dear Ms. Warren: i
I first want to thank you and the other members for your service
on the Inland Wetlands Commission. Most residents of the town do not
appreciate the time and effort required by commission members.
This letter is written in response to the notice I received
concerning the March 8, 1993 Inland Wetlands. Commission hearing on the
application of Ernestine Charbonn�au. I am an abutting homeowner at 8
Cornfield Drive, a resident of South Windsor for thirteen years, and
have had no personal or business dealings with the Charbonneaus. In
f
preparing this response I have walked the property, reviewed the
current and prior applications with John MaCahill, the Town's `
Zoning/Wetlands Enforcement Officer, and discussed the key issues of
the application with land use consultants not associated with this
application.
i
Based on my review of the applications with Mr. MaCahill, there
_j
are three key issues involved; the addition of a small bridge at the I
outlet of the pond, the addition of a flag pole on the island, and the
clearing of the east bank of the pond It is evident that the
Charbonneaus did not follow the Town's administrative process in making
land improvements that were beyond the original scope of the 1990
application. Therefore, the town appears to have had reasonable cause
in suspending the building permit. Although I do not suggest the
course of action the Charbonneaus have taken was appropriate, I believe
the improvements that are currently under application should be viewed
as if they were part and parcel of the original application.
My reactions to the improvements in question are that the bridge f
addition is structurally sound, aesthetically pleasing and appropriate in
scale to the size of property and requirements for access. The
installation of the flag pole on the island not only makes sense from the
perspective of limiting vandalism, but also speaks highly for the values i
of the Charbonneaus. I do not perceive either of these improvements as I
having any detrimental impact on the environment.
t
The clearing of the east bank of the pond appears to be of
greatest concern to the Town due to the potential for chemical runoff r
from lawn care products, and rapid sedimentation of the pond due to
grass clippings. My impression of the chemical risk is that it is
negligible, and may be mitigated by the use of organic fertilizers,
buildup of lawn thatch, or installation of a fountain or aerator. The
rapid water flow of the stream and depth of the stream should also act {
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as a det rrent to the utrophication of th pond. Overriding all of
these concerns is the fact that the Charbonneaus are highly unlikely to
damage the water course given the proximity of the home to the water,
the sizable financial investment in the property, and the personal effort
t
they are making to improve the land.
s
Although it may not be within the charge of the Commission, I
suggest that your evaluation of this application also give consideration
to a broader standard of measurement, that being the contributions the
applicant has made to this Town. South Windsor's October 1991 grand
list identifies the Charbonneaus as the seventh largest taxpayer with
total assessment of approximately $5 million, equating to approximately
$200,000 in annual tax revenues. It is not necessary to recite the
negative economic environment in Connecticut, nor the potential impact h
of the defense industry cutbacks on South Windsor, but only to
emphasize the need for continued economic growth to support the
quality of services this Town is known for. I realize that the issues of
this application are important to the Commission, but I also believe that E
the personal risks the Charbonneaus have taken, and the millions of
dollars of tax revenue that are, and will be, generated by their
properties deserves some consideration in this process.
In summary, I realize that the Commission can not endorse E
situations where landowners have made changes to the wetlands beyond
the scope of approved plans. What I am suggesting is that the
Commission view the proposed application as if it was part of the
original application and work to incorporate these changes into it. I
believe the-Commission should evaluate this application not only from the
perspective of the wetlands, but also from a broader perspective, that
gives consideration to the positive contributions that the Charbonneaus
have made to this Town, and is flexible in its final determination.
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Respectfully, z
y �
Thomas C. Pedrotty
C�
Gayl A. Pedrotty
cc: Dermot T. Jones, Vice-Chairperson
Thomas R. Delnicki
Carol A. Heffler
Ronald P. Morin
Jeremiah O'Sullivan
Anothony Pecararo
Walter Pekala
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Julie Raymond
Susan Smith
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J.R. RUSSO & ASSOCIA
Land Survey=& Ekigineers
4 1
80h pWdWJM rcv►
March 3, 19 9 POO WtT
ymeet
Charbonneau Project
Job No. 92027
Summary
This analysis was conducted to evaluate the effect of the
existing bridge at the north end of the pond on Charbonneau's
property. The Podunk River flows northerly from Miller Road
through the pond and across the north property line. This
bridge was not in place when the flood study was conducted.
The study does indicate a dam structure located at the appro-
ximate location of the bridge. The detailed profile shows
the 100 year :flood level at approximate elevation 251.6. r
The flood level increases to elevation 253.5 at the down
stream side of Miller Road. The study indicated the 100 year
flood overtaps Miller Road by approximately 4.5 feet at
elevation 260:3.
The existing bridge will restrict the flow of the 100 year
flood, raising the flood elevation across the pond above that
indicated in the flood insurance study. This change in ele-
vation will not affect the flow upstream of Miller Road. The
change only affects the Charbonneau property.
Flood Elevations Study With
Q100 = 310 CFS (W/O Bridge) Bridge
At bridge location 251 .6 253.0 -
F
The concrete slab weighs more than the force applied to it by I
the 100 year flood.
In our opinion the presence of this bridge does not adversely
affect properties upstream and downstream of the Charbonneau
property.
i
1 Shoham Road • East Windsor, CT. 06088 •TEL: (203)623-0569 • FAX: (203)623-2485
10.
400
J.R. RUSSO & ASSOCIATES
Lwd Surveym 8c hofinsiong Enghwem OHM NO.
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1 Shoham Road CALCUUTED MY DAT-Cm.5&5"I
East Whidsor, Connecticut 06088
TEL: (203)623-0569 CHECKED BY DATE
FAX: (203)623-2485 %ACAW
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J.R. RUSSO & ASSOCIATES
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TEL: (203)623-0569 CHECKED Sr DATE
FAX: (203)623-2485 SCALE
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TEL: (203)623-0569 CHECKED BY DATE
FAX: 203)623-2485 SCALE
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EAST WINDSOR, CONNECTICUT 06088
(203) 623-0569
FAX (203) 623-2485 DATE T 08 NO.
ATTENTI ON
RE:
TO j C log 1t O f & /`/lOr SOY r
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> WE ARE SENDING YOU ftAttached ❑ Under separate cover via the IS" '
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ds COMMISSION
❑ Copy of letter ❑ Change order
COPIES DATE NO. DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
> ❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
40%Pre-Consumer Content•10%Post-Consumer Content SIGNED: -9 d -10 ze4k
PRODW 2442 ®Im,&ot n,Maa 01471 If enclosures are not as noted, kindly notify at once.
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March 7, 1993
TO: Elizabeth A. Warren, Chairman, IWA/CC
FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer
RE: Application #93-02W, Charbonneau Residence
Please accept this as a follow-up to my letter dated January 19,
1993. Consideration has been given to documents, correspondenc ,
and plans submitted up to this date
IF APPROVAL' IS CONSIDERED, SOGGESTEM APPROVAL CONDITI03 INCLUDE:
1. The "Site Maintenance Narrative - March 1993" (prepared and
submitted by J. R. Russo & Associates) shall be reproduced
on the final plans and shall be strictly adhered to. A
black and white transparent mylar, of the sheet which
includes the maintenance narrative and a copy of this
letter thereon, shall be filed in the Office of the Town
Clerk within 65 days of approval.
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'��A.p •co��'�+ AREA CODE 203/644.2511
March 11, 1993
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Andre L. Charbonneau
125 Edwin Road
South Windsor, CT 06074
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D ar.Mr. Charbonneau:
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Re: Application #93-02W, Charbonneau Residence
At the March 8, 1993 regular meeting of the South Windsor. Inland
Wetlands Agency/Conservation Commission, the approval motion for
this application did not carry and the motion failed.
You may, at your convenience, reapply to the Commission with
additional information and/or changes.
Very truly yours,
E
E
Elizabeth A. Warren, Chairman
Inland Wetlands Agency/
Conservation Commission
EAW/pamm
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cc: Planning a Zoning Commission
Town Engineer
Town Attorney
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MAR y 1993
6
ASSISTANT TOWN C
LEGAL NOTICE
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Y
TO BE PUBLISHED IN THE JOURNAL INQUIRER
MONDAY, MARCH 15, 1993
SOUTH WINDSOR - IWA/CC
At the March 8, 1993 regular meeting the Commission voted to take
the following action:
1. Approve with conditions appl. #93-01P, Dairy Queen - IWA/CC
permit for the construction of a miniature golf course and
batting cages on the rear portion of the property at 845
Sullivan Ave. , GC zone
E
2. Failed motion to approve appl. #93-02W, Charbonneau Residence -
IWA/CC permit- to allow an existing footbridge, two existing f
stone walls, flagpole, drain pipe along west side of pond and
concrete pad to remain on the site on property located north of
Miller Rd. , and east of Abby Rd, RR zone
3. Approve with conditions appl. #93-06W, Alexander Residence -
IWA/CC permit to allow an addition to the rear of the existing G
house on property located at 1335 Main Street, A-40 zone p
Dated at South Windsor, CT this 9th day of March, 1993
Elizabeth A: Warren, Chair °
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2 does not permit• ••a,the mailpiscs below the article M_
• . Wye"Retum Receipt Requd thw article was deliverod apd date Consult ester for fee.
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3. Article Addressed to: p�007 587 002
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and fee is paid)
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RETURN DATE: April 27, 1993 SUPERIOR COURT
ERNESTINE CHARBONNEAU JUDICIAL DISTRICT OF
HARTFORD/NEW BRITAIN
VS. AT HARTFORD
k
INLAND WETLANDS AND ,
WATERCOURSES COMMISSION OF
THE TOWN OF SOUTH WINDSOR MARCH 31, 1993
e
SUMMONS AND CITATION
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I
TO ANY PROPER OFFICER:
f
BY AUTHORITY BY THE STATE OF CONNECTICUT, you are hereby
commanded to summon the INLAND WETLANDS AND WATERCOURSES
COMMISSION to the Town of South Windsor of 1540 Sullivan Avenue,
South Vindsor, Connecticut, to appear before the Superior Court
for the Judicial District of Hartford/New Britain at Hartford on
December 8, 1992, the appearance not be in person but to be made
by the Inland Wetlands and Watercourses Commission or its
i
attorney by filing a written statement of appearance with the
Clerk of the Court whose address is 95 Washington Street,
Hartford, Connecticut 06106 on or before the 2nd day following
this return date, then and there to answer the foregoing
f
Complaint/Appeal of Ernestine Charbonneau, by making service upo
it at its office at 1540 Sullivan Avenue, South Windsor,
LEONE, Connecticut and at the usual place of abode of the Chairman of '
NROWE& NAGLE
ATTORNEYS AT LAW said Commission, and by serving upon the Town Clerk of South
1 CONNEMCUT BLVD.
r HARTFORD,CT 06108 Windsor, a true and attested copy of the Complaint/Appeal, this
EL.(203)92 4143 r
JURfi No.33786
i
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Summons and Citation and Recognizance at least twelve (12) days
before the return date. Rosemary J. Grejdus of East Hartford,
Connecticut, is recognized in the sum of Five Hundred and 00/100
($500. 00) Dollars to prosecute this appeal to effect and comply
with the orders and decree of this Court, and the Plaintiffs
shall pay any costs for which Judgment may be rendered against
them thereon.
HEREOF FAIL NOT, but of this Writ with our doings thereon make
due service and return.
Dated at East Hartford, Connecticut this 31st day of March, 1993 .
f
F
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PLAINTIFF: ERNESTINE CHARBONNEAU
BY vp
J ES H. THROWE, Her Attorney
LE NE, THROWE & NAGLE
Connecticut Boulevard
East Hartford, CT 06108
Juris No. 337
R•
K PGN�ao F
Lo pY 14 f, NpC
OVN'�
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LEONE,
NROWE& NAGLE
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►TTORN[Yi AT LAW
1
CONNECTICUT BLVD. {
HARTFORD,CT 06108
L.(203)528-2145
P
uRls No.38786
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RETURN DATE: April 27, 1993 SUPERIOR COURT
ANDRE L. CHARBONNEAU JUDICIAL DISTRICT OF
HARTFORD/NEW BRITAIN
VS. AT HARTFORD
INLAND WETLANDS AND ,
WATERCOURSES COMMISSION OF
THE TOWN OF SOUTH WINDSOR MARCH 31, 1993
A P P A L
TO THE SUPERIOR COURT FOR THE JUDICIAL DISTRICT OF
HARTFORD/NEW BRITAIN AT HARTFORD ON APRIL 27, 1993 , comes
Y
Ernestine Charbonneau, of the Town of South Windsor, County of
Hartford and State of Connecticut, who is appealing from the
f
actions of the INLAND WETLANDS AND WATERCOURSES COMMISSION of the
TOWN of SOUTH WINDSOR, wherein she complains and says:
i
1. At all times relevant herein the Defendant Inland
I
Wetlands and Watercourses Commission was and is a Commission of {
i
the Town of South Windsor.
i
2 . At all times relevant herein the Plaintiff Ernestine
Charbonneau was and is an applicant for a permit in the Inland r
Wetlands proceedings described below, pursuant to Connecticut
ik
t
General Statutes Section 22a-36, et seq. and are aggrieved by th t
i
decision of the Commission described below. !
4
3 . At all times relevant herein the Plaintiff Ernestine
MR WELEoNS, LE Charbonneau was and is the owner of the Northeast corner of the
f
ATT RNt1fs AT LAW �
'ff RrmTIGT Aw intersection of Abbe Road and Miller Road, South Windsor 1
HARWORO,CT 06108
L. (203)528-2145
JuRrs No.33786
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4
containing 24.38 acres of Wetland involved in the Inland Wetland
decision described below, and are aggrieved by the decision of
the Commission described below.
4 . On January 8, 1993, the Plaintiff, submitted an
application to the Commission for permission to allow activities '=
in a regulated wetland, seeking permission from the Commission to
allow a bridge, a picnic table base, a flag pole and some stone
walls together with a modified plan for grasses as a permitted
use.
I
5. -The Defendant held a hearing on this matter on March 8,
i
1993, at which time the Plaintiff appeared and presented evidence
to support the application.
6. On March 8, 1993 the commission at this regular meeting
i
a
voted to deny the request without setting forth any reason
therefor.
F
7 . Notice of the denial was mailed to Andre Charbonneau on
March 11, 1993 . No copy was mailed to the Plaintiff.
a
8. Notice of the Defendants suspension action was publishE- E
f
in the Journal Inquirer Newspaper on March 15, 1993 .
9. In determining that the plaintiff's activities violated
the conditions of the original permit, the Defendant acted
LEON E,
ROWEatNAGLE illegally arbitrarily and in abuse of the discretion vested in i
i
rTORNErs AT LAW
:ONNECT1cuT®LVD. in one or more of the following ways:
p
4ARTFORD.CT 06106
•
(203)528-2145
IRIS No.33786
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9
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a. the determination was in violation of statutory j
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provisions;
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a
b. the determination was in excess of the statutory
,
authority of the agency;
Y
c. the determination was clearly erroneous in view of the
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reliable, probative, and substantial evidence of the whole
t
record;
d. the determination was arbitrary, capricious and
characterized by an abusive and unwarranted exercise of
discretion; I
e. the Defendant failed to carry out its purposes by failing
to consider those factors regarding the regulation of wetlands
required by statute;
f. the Defendant failed to state its reasons and findings
r
for its determination;
i
g. the determination was contrary to the law; and e
i
h. the Commission, comprised of laymen, in a matter F
concerning technically complex issues such as previous
i
disturbance to the wetlands and the effect thereof, relied on I
their own knowledge in complete disregard of contrary expert ;
f
testimony and that of their own agents.
LEONE.NROWE NAGLE
i. the Commission, failed to provide a public hearing as t
8
ATTORNErs AT LAw
CONNEGTICUT BLVD. required by law.
HARTFORD.CT 06108
:L. (203)*528-2145
JURIi No.33788
d
-3- ,R
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J . the plaintiff, has a valid permit from the army corps of
engineers.
WHEREFORE, the Plaintiff prays the Court to sustain her appeal
and direct the Commission to reinstate the plaintiffs' permit an
to grant such other relief as to equity or law may appertain.
Dated at East Hartford, Connecticut this 31st day of March, 1993. ,
i
i
PLAINTIFF: ERNESTINE CHARBONNEAU
ti
_ - BY
S H. THROWE, Her Attorney
LEO E, THROWE & NAGLE
Connecticut Boulevard
East Hartford, CT 06108
Juris No. 33786
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LEON E,
IROWE& [NAGLE
TTOANEYS AT LAW
CONNECTICUT BLVD.
HARTFORD,CT 06106
.. (203);28-2145
r
URIS NO.33766
-4-
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_ 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074
AREA CODE 203/644-2511
4
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April 20, 1993
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Andre L. Charbonneau CERTIFIED MAIL
125 Edwin Road
South Windsor, CT 06074
Dear Mr. Charbonneau:
Re: Application #93-10P, Charbonneau Residence
At th April 19, 1993 regular meeting, the Inland Wetlands F
Ag ncy/Conservation Commission approved with conditions application
#93-10P - IWA/CC permit to allow an existing footbridge, two existing
ston walls, flagpole, drain pipe along west side of pond and
concrete pad to remain on the site on property located north of
Mill r Road and east of Abby Road, RR zone as shown on plans prepared
by J. R. Russo & Associates, No. 89110-8 and dated March 1, 1993.
(Proposed changes were noted on the plans by Andre R. Charbonneau. )
This approval is subject to the following conditions:
1 . Two blueprint copies of the entire set of final plans and this
letter reproduced thereon, must be submitted to this
Commission. This must be completed within 65 days of approval
prior to any construction activity on the site. I
2. Construction activities shall be subject to the approval of
the Town Engineer.
3. The applicant shall indemnify and hold harmless the Town of
E
South Windsor against any liability which might result from
the proposed operation or use.
4 . The permit is valid for three years and shall expire on April
19, 1996 .
E
5. All approvals required must be obtained and submitted prior to i
t
any activity on the site.
f
6 . A contact person shall be identified directly on the final k
plans. •
;
7 . The "Site Maintenance Narrative - March 1993" (prepared and
submitted by J. R. Russo & Associates) shall be reproduced on
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;
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Andre L. Charbonneau Page Two April 20, 1993
Application #93-10P
the final plans and shall be strictly adhered to. The
narrative is to be modified to reflect the lawn maintenance
area as noted on the plans by Andre K. Charbonneau. The lawn
maintenance areas, as presented on the plans submitted for
this application, shall also be clearly shown on the final
plans . A black and white transparent mylar of the sheet which
includes the modified maintenance narrative, the areas, and a
copy of this letter thereon, shall be filed in the Office of
the Town Clerk within 65 days of approval.
Very truly yours,
E izabeth A. Warren
Chairman
EAW/pmm
cc: Planning & Zoning
Town Engineer
Appl . #90-14P
J. R. Russo & Associates
Town Attorney
Town Manager
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Jim SC44
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_ 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
AREA CODE 203/644-2511
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April 20, 1993
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Andre L. Charbonneau
125 Edwin Road f
South Windsor, CT 06074 CERTIFIED MAIL f
Dear Mr. Charbonneau:
Re: Appl. #90-14P, Charbonneau Residence
At the April 19, 1993 regular meeting of the Inland Wetlands
Agency/Conservation Commission it was approved to reinstate
application #90-14P, Charbonneau Residence - IWA/CC permit for
the construction of a single family home on property located on
the northeast corner of the intersection of Abbe Road and Miller
Road, RR zone.
Application #90-14P expires on May 21, 1995.
Very truly yours,
E�7&beth A. Warren
Chairman
EAW/pmm
cc: Planning & Zoning Commission
Town Engineer
J. R. Russo & Associates
Town Attorney
Town Manager
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_71-
SUMMONS
U4bZV1J
SUPERIOR COURT "X"ONE OF THE FOLLOWING:
ClYiL�(excepi family actions) �>o
JD-dVA �: "1 Amount, a merest or prop-
erty In demand, exclusive of In-
C�EN.STAT.St-34t3,51.347,51.349,51.350,52.45e, C terest and costs Is
��•� INSTRUCTIONS PR.BK.49,d3,88 a. ❑ less than S2,5o0
1. Prepare on typewriter.sign original summons(top sheet)and conform copies of the summons(sheets 3 and 4). b. ❑ $2,500 through$14,999.99
2. N there Is more than one defendant,prepare or photocopy conformed summons for each addition/defendant.
3. Attach the original summons, with computer sheet attached(page 2), to the original complaint, and attach a copy of the c. ❑ $15,000 or mor
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 `
It to the original and all coples of the complaint. d. ❑ Claiming other relief In addi-
4. After servke has been made by officer,file original papers and officer's return with the clerk of the court. tion to or In lieu of money `
5. TI►s party recognized to pay costs must appear personally before the authority taking the recognizance. damages.
* Do not un this term for actions In which an attachment,garnishment or replevy is being sought.See Practice Book Section 49
for oftr 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.
LJUDICIAL DISTRICT AT(Town in which writ is returnable)(Gen,.Star.51.346 51-349) RETURN DATE(Mu,day,yr)
❑ HOUSING SESSION ❑G.A. HARTFORD APR IL 27, 1993
ADDRESS OF CLERK OF COURT WHERE WRIT AND OTHER PAPERS SHALL BE FILED(Gen Stat.51-347,51-350) CASE TYPE(From Judicial Dept.code list)
95 Washington Street, Hartford, CT 06106 Major A Minor 90
PARTIES NOTE: Individual's Names: NAME AND ADDRESS OF EACH PARTY Form JD-CV-2
Last, First, Middle Initial ❑ attached
R
FIRST NAMED €
PLAINTIFF ► CHARBONNEAU, ERNESTINEr 311 Felt Road South Windsor CT 06074
Additional
Plaintiff
i
FIRST NAMED
DEFENDANT ► `- j
Additional
Defendant
Additional 4A l
Defendant
Additional to I
Defendant APO 1
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NOTICE to each DEFENDANT
1. You are being sued. 6. The "Appearance' "# d at the above Court
2. This paper is a Summons in a lawsuit. address. 1
3. The Complaint attached to these papers states the claims that ta1198t1Arom ZQII1111111111111SSION
each Plaintiff is making against you in this lawsuit. 7. If you believe tha', you have insurance that may cover the claim I
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 j
Date. 8. If you have questions about the Summons and Complaint, you •I
5. If you or your attorney do not file a written "Appearance" form should consult an attorney promptly. The Clerk of Court is
on time, a judgment may be entered against you by default. not permitted to give advice on legal questions.
DATE SIGNED(sign and"X'proper box �Commissioner of Superior Court TYPE IN NAME OF PERSON SIGNING AT LEFT
MARCH 31 , 1993 Assistant Clerk JAMES H. TTHROWE
FOR THE PLAINTIFFS ENT H APPEARANCE OF:
NAME AND ADDRESS OF AnIORNEY,LA FIRR"0 FLAWTrFF IF PRO SE TELEPHONE NO JURIS NO (,',art,, or law fur-)
LEONE THROWE & NA 3 Connecticut Boulevard
►East Hartford CT 06108 -214
NAME AND ADDRESS OF PERSON RECOGNIZED TO PROSECUTE IN THE AMOUNT OF$250 SIGNATURE OF PLAINTIFF IF PRO SE
Rase J Gr
NO PLFS. NO.D S. NO CNTS. SIGN D(Official taking recognizance, "X" roper box) ® For Court Use
1 1 1 Commissioner of Superior Court❑ RECEIPT NOAssistant Clerk ❑ No
Fee
IF THIS SUMMO S IS S NED by a CLERK: FILE DATE
a. The signing has been done so that the Plain- advice in connection with any lawsuit.
tiff(s)will not be denied access to the courts. d. The Clerk signing this Summons at the re-
b. It is the responsibili►y of the Plaintiff(s) to quest of the Plaintiff(s) is not responsible , UNflS,
see that service is made in the manner pro- in any way for any errors or omissions i K pG,
vided by law. the Summons, any allegations contained in STY tp�•HARTFe
c. The Clerk is not permitted Io give any legal the Complaint, or the service thereof. o r
I hereby certify I have read SIGNED(Pro se plaintiff) DATE SIGNED DOCKET NO
and understand the above:
SUMMONS, Civil
APR 21 1993
Ate::;.
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LEGAL NOTICE
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TO BE PUBLISHED IN THE JOURNAL INQUIRER
MONDAY, APRIL 26, 1993
SOUTH WINDSOR - IWA/CC
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At the April 19, 1993 regular meeting the Commission voted to take P
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th following action:
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1 . Approve with conditions appl. #93-10W, Charbonneau Residence - k
IWA/CC permit to allow an existing footbridge, two existing k
stone walls, flagpole, drain pipe along west side of pond and
concrete pad to* remain on the site on property located north of
Mill r Rd. , and east-,of Abby Rd. , RR zone
2. Approve to reinstate appl. #90-14P, Charbonneau Residence -
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IWA/CC permit for the construction of a single family home on
property ,located on the northeast corner of the intersection of
Abb Rd. and Miller Rd. , RR zone
Dated at South Windsor, CT this 20th day of April, 1993
Elizabeth A. Warren, Chair j
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WILM&m E. GBAcm D €
ATTORNEY AT LAW « I
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1740 ELLINGTON ROAD JUL 3 1n
SOUTH WINDSOR,GONNECTIGUT 08074 1 1993 i
(203)644-6857
S°uth Windsor
FAX(203)644-7e18 INLAND WETI ANDS AGENCY,
CONSERVATION COIWMISSION
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July 13, 1993 f
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Inland Wetlands Agency/ D ��
Conservation Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
RE: $5,000.00 Inland Wetlands Bond
Ernestine Charbonneau
Miller Road, South Windsor
Dear Commissioners:
The Applicant has completed the requirements of the Agency
and asks that the work be reviewed and the bond on the amount of
$5,000.00 be reduced.
Very truly yours,
William E. Grace s
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cc: E. Charbonneau E
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MEMORANDUM
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TO: Inland Wetlands Agency/Conservation Commission
FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer
DATE: August 4, 1993
RE: BOND REDUCTIONS/RELEASES
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APPL. # SITE PRESENT BOND RECOMMENDED REMAINING
AMOUNT BOND REDUCTION BOND BALANCE
90-14P Charbonneau Residence $ 5,000.00 $ 3,000.00 $ 2,000.00
The original bond amount of $5,000.00 included the work associated with the dredging of the
pond. Th pond was dredged in 1991 and is stable. The suggested remaining bond balance of
$2,000.00 should be adequate for the proposed house construction.
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1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
AREA CODE 203/644-2511
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September 16, 1993
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Mr. Andre Charbonneau
125 Edwin Road
South Windsor, CT 06074
Dear Mr. Charbonneau: '
re: Appl. #90-14P, Charbonneau Residence, IWA/CC Bond
;
This is to advise you :that the Planning and Zoning Commission
voted on September 14,41993 to reduce the IWA/CC bond from
$5, 000. 00 to $2,000 .00, '
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When replacing the bond, advance arrangements should be made to
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ensure that the necessary contact person(s) will be available.
If you have any further questions contact the Planning Department '
at 644-2511, ext. 252. Thank you.
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Very truly yours,
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Louise C. Evans
Chairman
LCE/pmm
cc: Town Engineer f
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4r �� 1540 SULLIVAN AVENUE % SOUTH WINDSOR, CONN. 06074
~�soR•co AREA CODE 203/644.2511 f
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June 20, 1994
Mr. Andre L. Charbonneau
125 Edwin Road
South Windsor, CT 06074
RE: Sewer connection for residential property located on Northeast
corner of Abbe and Miller Roads.
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Dear Mr. Charbonneau:
The South Windsor Water Pollution Control Authority, at its
regular meeting on February 1, 1994, approved the sewer connection f
on the Northeast corner of Abbe and Miller Roads as detailed on
plans entitled Sanitary Sewer Plan Profile, Ernestine M.
Charbonneau, Developer, Plan #92027, revision date 4/19/94 subject
to the following conditions :
1 . Town Engineering technical approval obtained;
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2 . That the easement obtained from the abutting property
owner fulfill all Town requirements and said easement i
documents should be filed in the Town Clerk' s office.
3 . Final Authority approval and acceptance of the sanitary
sewerage connection will be given once the sewer has been
installed and inspected by the Town staf f, and based upon
the written verification of the Town staff that said
sanitary sewer was installed by the developer in
substantial conformance with the design plans previously
approved by the Authority, and meeting all Town
regulations and appropriate technical specifications
relating to sanitary sewer construction; and
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June 20, 1994 -
Page 2
4 . This approval letter must be superimposed into the final
approval plans .
Very truly yours,
josepli Carino, thairman
Water Pollution Control Authority
Town of South Windsor
cc: Jean E. Zurbrigan, Town Manager
Michael J. Gantick, Director of Public Works
Jerry Iazetta, Town Engineer
Marcia Banach, Director of Planning
John Collins, Chief Building Inspector
John McCahill, Zoning Enforcement Officer
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Ifl"AIRAN, KER & CAPOSSELA
Attorneys at Law 45 Hartford Turnpike
P. 0. Box K
Yernoi, CT 06066-2181
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Solomon Kerensky Tdepbme 646-W4
Facdn& (203) 64?M
January 11. 1995
Elizabeth A. Warren, Chairperson
TOWN OF SOUTH WINDSOR
Inland Wetlands Agency/
Conservation Commission '
1540 Sullivan Avenue
South Windsor, CT 06074
Dear Ms. Warren:
It was brought to my attention today that a disqualification memorandum to the Commission,
dated November 9, 1994. was signed by me without stating the reason for such disqualification.
A reason for disqualification was later filled by by the Clerk of the Commission in an erroneous k
manner. Although I have not seen the actual wording used by the Clerk, it is my understanding
after speaking with you by telephone that the disqualification memorandum states "client
relationship as the basis for my disqualification. This is not correct and, furthermore, this ;
information was not given to the Clerk at any time. The reason I chose not to participate
further in the Andre Charbonneau matter was because, during a site inspection, Mr.
Charbonneau began explaining to me-his views and his philosophies. Since this conversation,
which was neither scheduled nor planned, occurred outside the meeting, I felt it prudent not to
have anything more to do with Mr. Charbonneau's matter pending before the Commission.
To set the record straight, neither I, nor any member of the firm of Kahan, Kerensky & +
Capossela, represent Mr. Charbonneau in any matter.
Very truly yours,
SK:eb olomon Kerensky
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cc: Ralph Alexander, Esq. - Town Attorney
Phyllis Mann - Clerk of the Commission
Jeanne arbrigen - Town Manager
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N E M G R A N D U X
TO: Liana Kuras, Town Clerk
FROM: Phyllis M. Mann
RE: Disqualification - 'Solomon Kerensky; dated November 9, 1994
for Application #94-10P and #90-14P;
Charbonneau Residence at 10 Abbe Road,
South Windsor
DATE: January• 20, 1995
Please be advised that the disqualification referenced above
inaccurately stated the reason for disqualification. The inaccuracy
occurred due to miscommunication as the result of following the same
procedures routinely used in the past.
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MEMORANDUM
Date: January 23, 1995
To: Chairman
Inland wetlands Agency/Conservation Commission
From: Solomon Kerenskv_
Re: Disqualification
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By means of this memorandum, I am disqualifying myself from
any/all participation in matters concerning Appl. # 94-10P and
#90-14P.
,Reason: Conversation with Applicant during site inspection.
See my letter to Elizabeth A. Warren, dated January 11 ,
1995 , attached hereto and made a part hereof.
\ J
Sol on Kerens y
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TOWN OF SOUTH WINDSOR ID :203-644-3781 MAR 30 '95 13 :27
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TRAIL SM I T OONF I RMRT I Ott REPORT
NO . 014
RECEIVER 6232485
TRANSMITTER TOWN OF SOUTH WINDSOR
DATE MAR 30 '95 13 :27
DURATION 00 '43
MODE STD
PAGES 01
RESULT OK
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J' R' RUSSO ASSOCIATES
tans Surveyors& 'onal Enecrs
MAY 22 1995
South Windsor
April 10, 14ynning & Zoning Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Attn: Phyllis M. Mann, Recording Secretary
Inland Wetlands Agency/ Conservation Commission
Re: Permit# 90-14P, Charbonneau Residence
Dear Ms Mann:
The project mentioned above has been completed and as we are
the Project Engineers, we are stating that the erosion and
sedimentation control measures were installed and maintained
in accordance with the approved conservation plan as modified,
and all other items have been completed to the best of our
knowl dge.
Pleas call our office if you have any questions or comments.
Very truly yours,
Joseph R. Russo;- P.E.
J.R. Russo & Associates
cc: Mr. Andre Charbonneau
Attorney William Grace
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1 Shoham Road • East Windsor, Cr. 06088 • TEL: (203) 623-0569 • FAX: (203)623-2485
V
J.R. RUSSO & ASSOCIATES
jll Land Surveyors&Professional Engineers
January 4, 1996
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Attn: Phyllis M. Mann, Recording Secretary
Inland Wetlands Agency/Conservation Commission
Re: Permit# 93-10W, Charbonneau Residence, Miller Road
Dear Ms Mann:
All work associated with the above referenced permit is complete
at this time. Soil erosion and sedimentation control measures
were installed and maintained during the construction in accord-
ance with the approved plan.
If you have any questions or comments please call our office at
623-0569.
;.R.
ry truly y u s
seph R. Russo, P.E. , L.S.
Russo & Associates
pc: Mr. Andre Charbonneau
Atty William Grace
File
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South w ftw
Pbnniag & Zw&g
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1 Shoham Road East Windsor, CT. 06088 TEL: (203)623-0569 FAX: (203)623-2485
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Notes: - - F _ .; -. x•_ . .". ��
1. Coordinates b elevations based on M D C
Datum. M i cum`sn/ess�t
2. Iron pins to be set at all lot corners.
• Jky 23, 1990
3. Existing underground utility locations shown are approximate
and may not be complete, locations were provided by the oper- At
wills s. Grace
114e sl tn nose-
atin8 cumpanies. Contractor must verify before digging- south windsdr, tr 09074
Call 1-800-922-4455. �-
flear attorney Csacer
4. Portion of parcel is located in a flood hazard zone,, ele-vation Re_ Appiication•*90..i4:
253, panel number 090036 0002 B. At the may 2l, 1990■se_", tb* i"etlaads ea /Cons*zvatioa
Co=Lts for
With aoditica oar iottiaa M 10 - ZjWcC
S. Portion of parcel is located in inland wetlands as mapped 1 t With
04 a s U Nod bow an y
by soil scientist. Killer noes,,& � o�si. a;of nhs. �e and
1o. 99110, dated by Val1a2b ca a �.so,
6. Contact person is Andre L. Charbonneau.528-7551. a'•�';s' 1' rl .
1. l bla+epriatoo�y� of *at&= set of Plow and this
7. Footing drains are required for all structures which have a s�psod�oe� a siae be �an.itted to this
Ooaaission'to be ana e�ted. s9ais snit be
basement. C0■pl.t.d wlTJ" 99 as of ap�a�o�a1 a„d p
jar to my
�strugtloa activity od the .3tf.
8. The existing house g ,'
, gars a and shed are 2. construction activities shall be subject to the approval of
to be removed and the material shall not be� the row ingiaeer.
buried on the site. 3• of
application shall .ad bold har�slees the rovA
�"d'Or �t �9. The.water will tie into existing service on fr M the proposed op*sstioa CM uso.. tY vRich sight result
Abbe Road and the sewer will tie into existing 4• 2be pssait is valL&fov'oee:
service on Corn Field Drive by the way of ease-
21, 1911. Year slid shall expire ou•Isar
_ . ;...
ment. r S. A11 approvals'seyuired *sst bi obtainid and svbaitted prito s .
my activity an the site.
1 All the_,dredge material placed around the pond 6. a aoataoi p*ssoa ,ball be ideatitisd directly an the pis:,.s
is to be immediately stabilized with the pond
banks seed mix. _ ?. Ne le0ONOMb a b=4 in the sommt of ss,000.00 to be
e116itted to the •iaaniaq i ionirq C'owiseidn to *near
OOMpliaaca with "a tro.ion and sedinantatioa Control
11. The proposed island area shall be immediately measures.
stabilized with the' pond banks seed mix. V truly
sabeth A. �RrsM[, Via Chaitpeteon,, Iwa/CC
AL/.0 7V" GX' 6OLnN A4#AtOZCWie
iT40 15 VA AVM
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AREA OF USN & TREES \
N.N. may
1 MAY 18 19T
® � South Windsor
IN.
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•. Nc� \ CONSERVATION COMMISSION
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ABBE ROAD
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528_-7561
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1 _
LAND SURVEYORS a PROFESSIONAL ENGINEERS
� 15 BARBER POND ROAD
BLOOMFIELD• CONNECTICUT
1 242-2775
i
BY SCALE DATE SHEET CHECKED NO.
\ \ 93r2 x AREA OF BRUSH do TREES —
L "--10' z®c
z-/S-90 5 �,�12. �9/i0
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474
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AREA OF RUSH & TREFS \
' \ � MAY� 9 qq�
Y 18 1
South Windsor
INLAND WETLANDS AGENCYI
QpNSERVATION C0MMISS1014
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T PLOT PLAN
i � RESVENCE
Pv t MR 8& MRS. ANDRE L. CHARBMNEAU
- E sarr ABBE ROAD
EXCAYATr— / -Or- MRTeeAc SO✓G cec&C AJ . 11
�1 t,,�/sv2 9cE CZ>4 co/vrqc7-pEgsaw .`zs4• SOUTH VANDSOR, CONNECTICUT
t ` -/q/voec oqv 528-7551
\/ 1 _AREA- P(AAIr A4/ker--G4NDS Sa0p'755i j
2_51A PALMBERG & RUSSO
LAND SURVEYORS s PROFESSIONAL ENGINEERS
15 BARBER POND ROAD
BLOOMFIELD. CONNECTICUT
242-2775
EY SCALE DATE SHEET CHECKED NO.
\ \ w32 x� AREA OF BRUSH & 7REL�S � I —
u-
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\ U77LITY POLE
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AREA OF t1SN dr IREES 1
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BRUSH \ t'►` �29 1
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\ 1 w24 /w Ws CIA+ '. g 1991
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1 i'♦ �N ETLANDS AGENCY)
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I HEREBY DECLARE THAT THIS MAP AND SURVEY WERE. PREPARED IN SyVE�Z -
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ACCORDANCE WITH THE STANDARDS OF A CLASS ._IIII SURVEY, AS FL
DEFINED IN THE CODE OF PRACTICE FOR STANDARDS OF- ACCURACY _
OF SURVEYS AND MAPS, ADOPTED DECDABER 10, 1975 AS, AMENDED _
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