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HomeMy WebLinkAboutHilton Drive (2) CHADWICK & STONE, LLP ATTORNEYS AT LAW 111 FOUNDERS PLAZA SUITE 1403 EAST HARTFORD, CONNECTICUT 06108 (860) 610-4500 CHRISTOPHER R.STONE FAX (860) 6 1 0-4504 crs@chadwickstone.com March 11, 2008 VIA TELEFAX(644-3781) AND )FIRST CLASS U.S. -M.A-1L Michael Gantick Public Works Director 1540 Sullivan Avenue South Windsor, CT 06074 Re: 303 Hilton Drive, South Windsor, CT Dear Mr. Gantick: As you may recall from my March 11t" correspondence, this office represents Beverly Burke regarding snow plo\,, damage to her property located at 303 Hilton Drive in South Windsor. My previous correspondence inadvertently referenced r dress as 305 Hilton Drive, which is incorrect. Once again, please contact me to discuss the Town' plans to re air this mage. J ry tru ours CH OP E R. STONE CRS:j as Enclosures cc: Beverly Burke u:\users\j oaiin\crs-docs\Burke\GanticiiownS W.3-13-08 ,�ov+N seq a • w� 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 f�OSOR-CO TELEPHONE(860) 644-2511 March 14,-2008 Attorney Christopher R. Stone Chadwick &Stone, LLP 111 Founders Plaza Suite 1403 East Hartford, CT 16108 Dear Attorney Stone: RE: 303 Hi/ton Drive, South Windsor CT Please be advised that Town crews will be making repairs to lawn and curb damage when weather permits between April and June. The Department was already aware of the subject area and had included it on our list. Very truly yours, Michael J. Gantic . P.E. Director of Public Works MJG:bmr cc: - Mark Owens, Street Services Manager Elizabeth Locicero, Administrative Secretary. 03/],A/08 09:33 FAX 860 610 4504 CHADWICK & STONE, LLP 0 002 r CHADWICK car STONE, LLP ATTORNVYS AT LAW 111 FOUNDKRS PLAZA SUITE 1408 9AST HARTFORD. CONNECTICUT 06108 (860) 610-4500 C$ItaSTOYHFIt M SWONE FAX (860) 610-4004 oTs@chldwlckstone.com March 11, 2008 VIA TELEFAX(644-3781) AND FIRST CLASS U.S. MAIL Michael Gantick Public Works Director 1540 Sullivan Avenue South Wi CT 06074 Re: 303 H' on Drive South Windsor CT Dear r. Gantick_ As you may recall from my March I Vh correspondence; this office represents Beverly Burke rewarding snow plow damage to llcr property located at 303 Hilton Drive in South Windsor. My previous correspondence inadveitently referenced 1 r dress as 305 Hilton Drive, which is incorrect. Once again,please contact me to discuss the Town' plans to r air this d age. V ry trt ours CH OP E STONE CRS j as Enclosures cc: Beverly Burke u:\users\j nann\m-does\Rurkc\GantiokTomiSw.3-13-08 03/1A/08 09:33 FAX 860 610 4504 CHADWICK & STONE, LLP f@ 001 CHADWICK & STONE, LLP ATTORNEYS AT LAW 1 11 FOUNDERS PLAZA SUITE 1403 EAST HARTFORD, CONNECTICUT 0610E (860) 610-4500 FAX (660) 610-4504 www.chadwickstone.com TELECOPY COVER SHEET DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . March 13, 2008 NUMBER OF PAGES . . . . . . . . . . . . . . . 2 (including cover page) TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Michael Gantick FROM: . . . . . . . . . . . . . . . . . I . . . . . . Christopher R. Stone, Esq, FAX NO. . . . . . . . . . . . . . . . . . . . . . . . 644-3781 RE: . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . MESSAGE: Tf any problerns occur with transmission,please telephone the number listed above and ask for: ANN M A R IE BONNANZIO The document accompanying this telefaesimile transmission contains information from the law firm of CHADWICK&STONE,LLP which is confidential and legal privileged. The informmation is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telefacsimile information is strictly prohibited and that the document should be returned to this firm immediately. In this regard, if you have received this telefacsimile in error,please notify us by telephone so that we can arrange for the return of the original documents to us at no cost to you. CHADWICK & STONE, EEP ATTORNEYS AT LAW 1 i 1 FOUNDERS PLAZA SUITE 1403 EAST HARTFORD, CONNECTICUT 06108 (860) 610-4500 CHRISTOPHER R.STONE FAX (860) 6 1 0-4504 crs@chadwickstone.com March 11, 2008 VIA TELEFAX (644-3781) AND FIRST CLASS U.S. MAIL : d RECEIV��` Michael Gantick MAR 1 2 2008 Public Works Director 1540 Sullivan Avenue SOUTHWWDS( �j PUBLIC W OR'� South Windsor, CT 06074 Re: 305 Hilton Drive, South Windsor, CT Dear Mr. Gantick: Please be advised that this office represents Beverly Burke, owner of the above- referenced property. Enclosed please find photographs of her property indicating that Town of South Windsor snow plow vehicle(s) tore into her front lawn. Please contact me to discuss how and when the Town plans to repair this damage. 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CONNECTICUT 06108 (1360) 610-4300 FAX (860) 610-4504 www.chadwickstone.com TELECOPY COVER SHEET DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . March 11, 2008 NLIDER OF PAGES . . . . . . . . . . . . . . . (including cover page) TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Steve Gantick, Dir. Public Works FROM: . . . . . . . . . . . . . . . . . . . . . . . . . . . Christopher R. Stone, Esq, FAX NO. . . . . . - . . . . . . . . . . . . . . . . 644-3781 RE: . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . MESSAGE: Pijvr-as If any problems occur with transmission, please telephone the number listed above and ask for: ANN MARIE BONNANZIO The document accompanying this telefaesimile transmission contains information From the law firm of CHADWICK& STONE, LLP which is confidential and Iegal privileged. The information is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking,of any action in,reliance on the contents of this telefacsimile information is strictly prohibited and that the document should be returned to this firm immediately. In this regard, if you have received this telefacsimile in error,please notify us by telephone so that we can arrange for the return of the original documents to us at no cost to you. 03/11/08 15:07 FAX 860 610 4504 CHADWICK & STONE, LLP 1@ 002 CHA.IJWYCK & STONE, r,EP ATTORNEYS AT LAW 111 FOUNDERS PLAZA SUITE 1403 EAST HARTFORD, CONNEcTICUT 0610B (860) 610-4500 CMEtrSTOpMRR R.STONE FAX (660) 610-4504 crv&hadwickstone.com March 11, 2008 VIA,TELE]FAX(644-3781) AND FIRST CLASS U.S.MAIL Michael Gantick Public Works Director 1540 Sullivan Avenue South Windsor, CT 06074 Re: 305 Hilton Drive, South Windsor, CT Dear Mr. Gmtick: Please be advised that this office represents Beverly Burke, owner of the above, referenced property. Enclosed please fund photographs of her property indicating that Town of South Windsor snow plow vehicle(s)tore into her front lawn_ Please contact me to discuss how and when the Town plans to repair this damage. Very4OPHE . STONE CRS:jas Enclosures cc: Beverly Burke u.\uscrs\j oam\,crs-does\gurka\CranrickTownS W.3-11-08 A 1 ' r 7� - r 71 ; _ -.. y,uy y �✓��F =• � �C ."fir ' �'7�3�ti �1 46. L all 4'. - } - :•r,•N Its': c l _ l I Y. •1 — s r 2 ti r• •:gin _. •.�• _.. ,::': :7::i...• JD•� r ,It :1' I .4 - �5: Z7r t- — ,-astir G, • 1•':••ram r t r. i - ?n N' O 4+ s4 '4'S_cr ••S r.Y. �f d - rR 1 - r.:'. ,r- i J � I 1 . 1 . i t i 1 1 1 I. 1 ,. _ _.__.-. - ' 2 ` - - - p{• N�.+ - �.� _ _ _ S J Yu 0.14 '! •. ` „I .:. A f - { 1+ l a5� - �, j �j j..y,; �'r',Fd 'rl'i ,r' ;F r s -c,-' ,� �% 1 t 6r` a r - ji ram-.-; , y'--- -, -! r -416 -.�.. \ r- by c T, ���y`.�� = �S1I err. y { .4 l „ T 7 orb S '. ,,,.,. , _ 1 i-_ V. 1. i'., 1. ". c : ;fir '--"---- _ - _ .... LOW ' c ,:�y 4� <-'" .' ,i �n�. . -. o .> .. ;1 lYy 1.. ti ' c� 1 .. 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Y,IC. - 1�.;•1y111 1 I 4�( � I ��� � -�.-• rl/ l .v:. 1 I II - y i ! { I r. .>,: 1 c v, 3[I{- r 1. 5 f f p4 - '.;' I fe r ! rc+tF k:a? -r I F 1 4 � _ - r 1• I1 fit -1 I.� y ,i -1 1 1 - t lt?�.tt'R y`,S�i�l11t 1_: '' ,'� - i l I`�s•.`}`. ` I 1 .__I- �e _ _ / {. >. 51j �41c 1 r _ ./, �it•�It� w" � d I I � 1 I I r •1 > 1_- - I i I t. I _ I I h L ! r' / - t t ♦ Vie' - ' .-1. ! 11 ,. I, y 7�J � I _• �11 r - ! I I "1• 1 1'.•1�r 1� � I - I I 7 { / l h \ / l,.f ify ( 1 I I yl ,.{ { .7 - ,.r ,. {',I , I v6 f L �o °. O I 47 Ae Gril�6l ( � .�rd yG L(�-n.� r�' I�i�.r� •�f�ll �P A�e i i 7own oilgsouth `w', y ` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R•co�'�� AREA CODE 860 /644-2511 May 19, 2003 Mr. Roger Merrile 109 Hilton Drive South Windsor, CT 06074 Dear Mr. Merrile: Attached is a list of addresses along with current owner names as they appear in the Assessor's list book and the volume and page numbers of the deed locations in the land records. I have also included a copy of an old map with house numbers on it to aid in visualizing where each house number is in relation to the other. The map notes conditions as they were on April 27t', 1990. 1 hope this will aid you in coordinating a cleaning effort of this privately owned yard drain system. Sincerely, Melvin C. Stead, Jr. Superintendent of Street Services CC: Michael J. Gantick, PE Director of Public Works tM tele �����3 - �►f� hvw To-ww°r fur , c� G 31� rl- — cs ref, reJr.&#Wi 1j,� 11A, j y s e rw/1- w m*& 0 4 vZe otc4 Ki cW LIST OF LAND OWNERS HILTON DRIVE ADDRESS RESIDENT VOLUME/PAGE 53 Michael & Ursula Giroux 1205-15 61 Joseph B. & Joan C. Couture 100-311 71 Nelida A. Picard 258-179 79 Robert Link Jr. 829-090 87 Anthony J. Sansone 433-106 95 William Manzi 127 (5353) 101 Donald J. & Catherine A. Padegimas 210-125 . 109 Roger R. & Evelyn G. Merrill 69-191 115 Michael J. & Patricia A. Godin 971-026 123 Bernard O. & Francine L. Hebert 868-238 131 Dolores S. Baribault 068-171 139 Joanne Normandin 923-173 147 Thomas J. & Patricia J. Bartomeli 162-03 155 Thomas C. Jr. & Pamela Brown 799-285 171 Horeshoe Lane Assoc. LLC 1271 (1) 1803 Arthur Drive 1 1 i f I v)Y I Mm am -4 WOO OR aw i2apto He Wt awsowa R4*4 , k. 00 pog Ito Op dr" ffA was spa���i ��;' � �o � _'►.�,��:�.�'a .�,�{s= �.a��''" ���)�''.,;�,,;. - • - • C F Town ale V 9 . 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 s•co�'�� AREA CODE 860 /644-2511 October 4, 1999 Ms. Jeanette A. Michaud 32 Hilton Drive South Windsor, Cr 06074 Re: Hilton Drive Storm Water Outfall Dear Ms. Michaud: The Town of South Windsor in partnership with Connecticut Department of Environmental Protection and Natural Resources Conservation Service are in the process of designing emergency restoration measures for the storm water outlet pipe between #16 and #32 Hilton Drive. As this is an emergency restoration project, it is on a fast track schedule with construction anticipated within 45 days. As part of this project the Town will need to acquire a Temporary Construction Easement. This easement will expire once the construction is completed and the area stabilized. I will be calling you to set up an appointment to discuss the extent of the project and the temporary easement. If you have any questions, please call me at 644-2511, extension 245. Very truly yours t Jerry C. Ial- etta, i Town Engineer JCl/sfg cc: Matthew B. Galligan, Town Manager Michael J. Gantick, P.E., Director of Public Works �T tOwN 8c�<� F Town a-te SoatA ?And4at D U 9 ` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•CO AREA CODE 860 / 644-2511 October 4, 1999 Robert A. & Karen S. Roveto 6 Ronda Drive South Windsor, Cr 06074 Re: Hilton Drive Storm Water Outfall Dear Mr. and Mrs. Roveto: The Town of South Windsor in partnership with Connecticut Department of Environmental Protection and Natural Resources Conservation Service are in the process of designing emergency restoration measures for the storm water outlet pipe between #16 and #32 Hilton Drive. As this is an emergency restoration project, it is on a fast track schedule with construction anticipated within 45 days. As part of this project the Town will need to acquire a Temporary Construction Easement. This easement will expire once the construction is completed and the area stabilized. I will be calling you to set up an appointment to discuss the extent of the project and the temporary easement. If you have any questions, please call me at 644-2511, extension 245. Very truly you , °L (Je�rJerryC. Uizetta, 0':Egwn Engineer JCl/sfg cc: Matthew B. Galligan, Town Manager Michael J. Gantick, P.E., Director of Public Works �tOwN Sf A<co t- C Town 0-i-Ides-otdA VZadi-at 9 ` 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 �asoe•co�'�� AREA CODE 860 /644-2511 October 4, 1999 Francis B. & Karen E. Drouin 16 Hilton Drive South Windsor, CT 06074 Re: Hilton Drive Storm Water Outfall Dear Mr. and Mrs. Drouin: The Town of South Windsor in partnership with Connecticut Department of Environmental Protection and Natural Resources Conservation Service are in the process of designing emergency restoration measures for the storm water outlet pipe between #16 and #32 Hilton Drive. As this is an emergency restoration project, it is on a fast track schedule with construction anticipated within 45 days. As part of this project the Town will need to acquire a Temporary Construction Easement. This easement will expire once the construction is completed and the area stabilized. I will be calling you to set up an appointment to discuss the extent of the project and the temporary easement. If you have any questions, please call me at 644-2511, extension 245. Ve truly you , (T�'6wn ry C. i�zzetta, P:E. Engineer JCl/sfg cc: Matthew B. Galligan, Town Manager Michael J. Gantick, P.E., Director of Public Works 2 �o,MN SE,` 'TCWM Ole 4S.OU64� ?d&� 9 ` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR-Co AREA CODE 860/644-2511 October 4, 1999 Carolyn A. Moore 492 Pleasant Valley Road South Windsor, CT 06074 Re: Hilton Drive Storm Water Outfall Dear Ms. Moore: The Town of South Windsor in partnership with Connecticut Department of Environmental Protection and Natural Resources Conservation Service are in the process of designing emergency restoration measures for the storm water outlet pipe between #16 and #32 Hilton Drive. As this is an emergency restoration project, it is on a fast track schedule with construction anticipated within 45 days. As part of this project the Town will need to acquire a Temporary Construction Easement. This easement will expire once the construction is completed and the area stabilized. I will be calling you to set up an appointment to discuss the extent of the project and the temporary easement. If you have any questions, please call me at 644-2511, extension 245. Ve truly you L Jerry C. etta, E. Town Engineer JCl/sfg cc: Matthew B. Galligan, Town Manager Michael J. Gantick, P.E., Director of Public Works aF4 c N Town o-PS-oath Wbzd,�qt ti wG 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 �f1OgOR,CO AREA CODE 203/644-2511 September &, 1994 Mr. Mel Stead Superintendent of Streets Department of Public Works 157 Burgess Road South Windsor, CT 06074 Dear Mel: As you were aware, we were recently confronted with a very serious basin failure at 21 Hilton Drive. Due to the tireless efforts arts of the crew involved, the project was handled in a very professional and timely manner. The crew, Bill Dzen, Paul Martocci, and Mark Kiefer, maintained a constant concern for not only the safety of the public, but also for the ongoing safety of each other. As you know, this basin is approximately 10 to 12 feet deep and is considered a confined space. The use of the tripod and atmospheric meter was taken very seriously and utilized throughout this task. The crew's innovative ideas made this project run as smoothly as possible and I feel they deserve recognition for their efforts. It is refreshing to know that our crews can handle jobs of this nature when they combine their thoughts and efforts towards a common goal. Although they weren't involved to the same extent as the men previously mentioned, I would also like to thank Tom Peeler, Dave Constantino, and John Pizzoni for their involvement in this project. Once again, a job well done! Thanks!! Sincerely, Scott C. Cppgen SCL/gh Street Service Specialist cc: Jean Zurbrigen, Town Manager Mike Gantick, Director of Public Works Ron Asselin, Street Service Specialist Personnel Files Ce e � w� 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 f�dSUR•CO AREA CODE 203/644-2511 May 3, 1993 Mr. T s P. Paholski, Jr. 171 iltoPsor, rive South in CT 06074 Dear Mr. Paholski: It is my understanding that Mr. Jerry C. Iazzetta, Town Engineer, has discussed the problem of your pumping water from your house onto your lawn and eventually onto Hilton Drive. This is causing a safety hazard and should be corrected. There are several options available to safely discharge this water, one of which is to pipe it directly to the catch basin in Hilton Drive (in front of your property) . If this method is chosen, a street excavation permit will be required. If you have any questions, contact Mr. Jerry C . Iazzetta on 644-2511, Ext. 245 . Thank you for your cooperation in this matter. Very truly yours, Michael J. QKntick, P.E. Director of Public Works MJG/jsv cc: Jerry C. Iazzetta, Town Engineer Melvin C. Stead, Jr. , Supt. of Street Services January 14, 1991 Dear Mr. and Mrs. On May 3, 1990, a meeting was held with the Town Attorney, Richard Rittenband, Mr. Clyburn ( Hilton Dr. ) , Mr. and Mrs. Merrill ( Hilton Dr. ) , Mrs . Cyr ( Hilton Dr. ) , Michael J. Gantick, Director of Public Works and myself to discuss drainage concerns expressed by residents along 53 - 171 Hilton Drive. At the May 3, 1990 meeting, the Town did agree to enter the properties to ascertain the nature of the problem for the benefit of the homeowners. The Town's findings indicate that the drainage pipes behind houses 53 - 171 were plugged with root masses from trees near and/or over the pipes. This letter is to clearly confirm the Town Attorney's Legal Opinion and the Town position that the Town has no responsibility to maintain or accept said drainage pipes. A permanent solution to this problem is up to the homeowners and should be addressed collectively. Should you have any questions concerning this matter, please feel free to contact us . Very truly yours, Jean E. Zurbrigen Town Manager JEZ:bmr cc: Michael J. Gantick, Director of Public Works Richard M. Rittenband, Town Attorney Melvin C. Stead, Jr. , Supt. of Streets Street File C69�0614 All 77 � y 40 Y V A S c � wG 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 `NosoR-CO AREA CODE 203/644-2511 M E M O R A N D U M July 2, 1990 TO: Jean E. Zurbrigen, Town Manager SUBJECT: HILTON DRIVE - REAR YEAR DRAINS Please be advised that work to clear and/or identify the nature of' the drainage problems behind house numbers 53-171 of Hilton Drive has been completed. Per the attached documents, the pipes were opened to some degree via Roto Rooter; however, their remains root masses throughout the pipes which will ultimately grow back and the same condition will present itself. Total removal of the root masses from the pipes would problably mean destruction of the pipes because -of the involvement of the roots with the pipe. In addition, 164 trees were identified over or within the piped area, some of which are willows or similar water seeking varieties, which will continue to intrude the pipe and inhibit the drainage in the area. Pursuant to the meeting held May 3, 1990, with Attorney Rittenband, Mr. Clyburn, Mr. and Mrs . Merrill, Mrs . Cyr and yourself and me, the next step after the clearing/problem identification phase would be the development and subsequent execution of releases by the property owner. Said releases would form the vehicle for the property owners to collectively address potential future problems as well as hold the Town harmless for any future problems . I stand ready to review the above matter with you at your convenience. Michael J. Gariticle-, P.E. Director of Public Works MJG:bmr Attachments cc: M. C. Stead, Jr. , Supt. of Streets MEMORANDUM June 26, 1990 TO: Mike Gantick, Director of Public Works / l cSt / FROM: Mel Stead, Superintendent of Streets RE: Hilton Drive - Rear Yard Drains Attached is a log of what was found in the rear yards of the homes on the westerly and northerly sides of Hilton Drive from house numbers 53 - 171. There is also a copy of the MDC sheet for the area with the house numbers and specific locations noted. I would like to note that although the work done freed the pipes, the pipes are still not clean. There are large root masses throughout its length. I suggest that we have the engineering department prepare a 100 scale current condition plan for future reference so that a permanent record can be kept. The Roto Rooter people suggested that there is no permanent solution short of replacement of most of the pipe. The roots are so intermingled through the perforations in the pipe, that it cannot be thoroughly cleaned, and will grow back by next year. Because of the stand of trees on many of these lots, Roto Rooter is probably correct in their suggestion. Water may flow through the pipes for a couple of years, but as other roots and debris become entangled in the pipe it will clog up again. This problem will fluctuate in severity by local weather conditions. MCS/ds Attachments f CATCH BASIN CLEANING LIST ADDRESS DATE DATE DATE CONDAENTS SIGNED EXPIRED DONE Moraza,William J. Khon Drive,171 Wan •s ►.,0.W» PA-ma j f?e Qai oe c1 when dovu_ Dickson,Thomas J.and Kathleen. Hilton Drive,155 ' � O Bartomeli,Thomas J.and Patricia J. Hilton Drive,147 Normandin,Joseph L.and Theresa A , Nihon Drive,139 J`- 90 Ilell F6 BaAbauh,John B.and Dolores S. t-ihon Drive,131 LlsfZ96 (v 6 Clyburn,John S.and Helene H. Khon Drive,123 90 YO Trantolo,John P.,Storck,Joan E. Khon Drive,115 0 Merrill,Roger R.and Evelyn G. Hilton Dive,109 &lG f0 10 Padegimas,Donald J.and Catherine A Klto n Drive,101 Manzi,Andrew S.and ShidayA Hilton Drive,95 iZIL71 9 0 G /G Y 6 Sansone,AnthonyJ.and Virginia A ( Hilton Drive,$7 tyJps 4nSel7 G dn- eat w4 Kchborn,George W.,Jr.,and Beverly F.' Khon Drive.,79 { Picard,Nelida A Flihorn Drive,71 j Couture,Joseph B.and Joan C. Hilton Drive,61 Cyr,Adrian and Anna Hilton Drive,53 _ G /Y!r'.SCyr- 6Tw e e Hvabnnd f?cfjacn-gA+- 1�hd ccd Fl LE: 123JSTM 1 SC1Hi LTt}N 5129V90 d c 79 Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at Anthony J. and ViAginia A. Sanzane, 87 f itton Dtive hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Town of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2. This permission to enter the property shall be for a period of 30 days from the date indicated below. Wit ed by: ► Owner: Date: t _��q� - C/ D Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at Geange W. , J&. and Beve.n.2{j F. HJ_t hhnnn, 7a HiPtcan 12tc;_t,9e hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Town of South Windsor: 1 . To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2. This permission to enter the property, shall be for a period of 30 days from the date indicated below. Witnessed by: Owneri Date: Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at Adnain and Anne C yh, 53 Hitto n Dtiv e hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Town of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2. This permission to enter the property shall be for a period of 30 days from the date indicated below. Witn d by: Owner: _. T_/ v Date: Jy (;7 QD __ Temporary Permission ,to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at John P. Tnanto2o and Joan E. Stack, 115 Hilton Dtive . hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Town of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2. This permission to enter the property shall be for a period of 30 days from the date indicated below. Wi s I Owner: d2LI-y Date: C,� � 4 _ Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at Thomas J. and Patticia J. BantometiP 147 Hilton Dtive. hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Tow}Z of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2. This permission to enter the roperty shall be for a period of 30 days from the date indicated below. Witnesse Owner: 10 Date: Aq Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at Donald J. and Cathej ne A. Pade imaZ 101 Hi Zton e hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Town of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2• This permission to enter the property shall be for a period of 30 days from the date indicated below. Witn s b : Owner:- Date: j/A p Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at Thomas J. and Kathteen 1J,(,ckzon, 155 Hilton DAive hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Town of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2. This permission to enter the property shall be for a period of 30 days from the date indicated below. Witn ed by: 7 QUA \7:", cF Date: Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at James C. and Hetene H. Ctybunn, 123 Hilton Dtive . hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Towli of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2. This permission to enter the property shall be for a period of 30 days from the date indicated below. W' sed by: Owner: d U� _ Date: -�� q0 5�1�'� R 6 Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at John B. and Dototcez S. Ba&ibautt.. 131 Hilton Dtive . hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Towp of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2. This permission to enter the property shall be for a period of 30 days from the date indicated below. Witne by: Owner: Date: Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at Joaeph L. and Thetceza A. Normandin, 139 Hilton DAive hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Towja of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any. and all damage to the property at above-indicated address as a result of sa .d investigation. 2. This permission to enter the property shall be for a period of 30 days from the date indicated below. Wit sed by: Owner: Date: Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at Rage& R. and Evetyn G. Mentcitt.. 109 Hilton Dive hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission t.:) enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Town of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of sa:.d investigation. 2. This permission to enter the property shall be for a period of 30 days from the date indicated below. Witne b Owner: Date: Lt G L Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at G/ittiam J. Manaza, 171 Hilton Dtive hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Town of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated ddres as a result o said investigation. �- 2. This permission to enter the property _ shall be for a period of 30 days from the date indicated below. � � Witn by: Owner Date: C� -� ��' L Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at Andrew S. and Shittey A. Manz., 95 Nihon DAive hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Town of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2. This permission to enter the property shall be for a period of 30 days from the date indicated below. Wit d by: Owner: r t Date: 1 C� ............. ---- Temporary Permission' to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at Netida A. Picand, 71 Hitton Drive hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Town of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2. This permission to enter the pproperty shall be for a period of 30 days from the date indicated below. Witnes by: Owner: Date: 4 7Zt Temporary Permission to Enter Property for the Purpose of Investigating Possible Drainage Problem The undersigned owner of the property located at Joseph B. and Joan C . Coutute, 61 Hitton Dtive hereby grants to the Town of South Windsor and its duly authorized employees, and/or agents, a temporary permission to enter said property for the purpose of investigating possible drainage problems. The owner convenants and agrees with the Town of South Windsor: 1. To indemnify and save the Town of South Windsor harmless from any and all damage to the property at above-indicated address as a result of said investigation. 2. This permission to enter the property shall be for a period of 30 days from the date indicated below. Witne d by: OwA7: or Date: �- L� ` -Q e 51 �krTeA t-u ►T h -The. S m a i l ZV,'7"� , 1 `►�e- � '� f,��a.d e a Y, �, �c Je,j- 2c1 e �e r t._. �c,b 1 C- -Fo c� o w e 57- - r�rrt a u c 1-71 r c- —1 til a b,CcC{G C� 1.t>e vle. vr I-u or A -n ai —T\n-a-T day -6- gD - l P ay A - 7,v e- Zve r)-l'a d f=,-�rn� �, Qsi�•/ Iv- e 4 r ol �owse- CL S U — E asT' Q% n r w►-L u v►S e t id-6- 7-6 ere Qblc �p a too' C5 V ay (Al 5T% 1 eA � -'j:3k5 �n beertl tj&u5e b- 9vinq 0 hoff,5L . f e-- �.ui I �rc �Qrq v1lr c- �:h O'.' d Tie 2,/a/e-;' Jed? NoF c�c✓ ru-", ' k? &4j ' T j j %Yj % /l�o✓s .'�✓ . /,. / hems/ 'la rTG d Hawses � / 3j Qoir� 9 / vw4rds ��ey j'e, - `I - l �-►e y S i aY 1 e e� '�c�-rr� }-�cnc 5� / 3/, 9 vi n �j 7-0 7-4 e/ S e.T 24la c!e.l et l� h o-u 5,7-- 1.4-, ere cZ c, c �V) rcrti► l ►cN Used 3 "' 15141� 4 `i14 k1=1 l Ten 11�►e 5 z C-S ct -G h 3 - 1 c� IA MkAx '� 1 (3 9 ` M S e� /V tTu S e- rl-1 5 e r-) \ It\ S t T 1 `n (E:; -F�-rY - �,S 7 9, )4 - —T I)e y 9 o ► �1 c�t'.q vo 1 � e J e 1 `_A\,\; 5e�( ,M vvc�S L �adec� � I- �, 1��er e ► S et . . vim " i3%ale_ a� d •TL, c �eT. . "The �,��s ��/ �0.V� y R - f iruo e i 7/ A-7 A b A/7 1v9 � Y / 3 i V Ca - WoeeP�'nei k-k-3 , \,0\-US - y- tS �reeS 71 , ram,--�.•••—.. � \ �;�. • / 1 )41 I \ 1 L.LEN ..DRIVE � � � � �_� ' I I � Dom..•�--"^'. `.� � ,_.._._... wolfs /_•.._. p LLEN - �. Ob / \ti 10 , j •., G (I �� .. .� lt� Ins � 'r ; ; volts:' �: I _I � - a Ric \/ ! f 1 I � •., 62 1 /Ij � ; 1 ( r PLE_ASAN I" -. VALLEY '/• / �\ / MEMORANDUM January 17, 1990 TO : Michael Gantick, Director of Public Works FROM: Melvin Stead, Superintendent of Streets RE : Sanding - Hilton Drive Hilton Drive is on Truck $47 Route, driver John De Gray . John averages 5 loads on his route. This includes sanding before it snow and after we have plowed . He normally does 11 . 14 miles with 3 1/2 loads before a storm and puts out an additional 1 1/2 loads during plowing and sometimes puts out another 3 loads after a storm event. I checked all storms so far this year (except November ) . December 2 3 loads January 8 6 loads December 15 7 leads * January 15 4 loads December 20 3 loads December 29 4 loads December 30 4 loads *Assist on another route On January 8, John was not using his own vehicle . It was at Super Springs having the rear apringa repaired. He used Truck $58 . This truck was having a spreading problem ,in that the sand was wet and not dropping on the spinner correctly . It war: spreading mostly to one side with little sand going to the other. He did do about 2/3 of his route sanding in both directions . The total yards spread for this 16 hour 2" storm event was 401 cubic yards. This is about 40 cubic yards above average to do the entire Town. All routes were sanded at the beginning and end of the storm. The area by Mr . Edlund ' s house is also shaded by large pine trees along hiR west property line and adjacent to the street. This is also on a curve and very flat . It is an area that we often sand on a 4 Truck Route call out because of spotty icing. Hilton Drive is a road that does not receive a lot of traffic, but it does receive enough so that passing vehicles do pick up and carry away the sand in the tire paths without aiding in the melting or drying of the pavement. We have adjusted Truck $58 and it is back on its normal route and John has Truck $47 . I will inform John of Mr . Edlund ' s concerns. M O S/d s f',j4/ /V 141v. ��(.u-c�-d/ 41• � �y//U / TOWN Of SOUTH WINDSOR, PUBLIC WORKS DEPT. Priority REQUEST FOR INVESTIGATION WORK REQUEST O Date No. To (Individual, Division, Bureau, Department) Requested by Caller LAI Address �Y /Phone 44 � �Instructions o-e �Gl/LiCr' REPORT 7rcc //I-7/ 90 Bureau Chief or Date Completed Department Head sd File LAW OFFICES Y BRADY, WILLARD &ALEXANDER -L 303 BURNSIDE AVENUE EAST HARTFORD,CONNECTICUT 06108 GERALD W.BRADY RICHARD C.WILLARD (203)289 5477 RALPH J.ALEXANDER MICHAEL E.WOLF September 20, 1988 C. F. Shaw, Ass't Director Public Works/Pollution Control South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 RE: Interpretation of Sewer Easement Dear Mr. Shaw: You have asked two separate questions of me regarding a ,s particular sewer easement on Hilton Drive, which covers a portion of the cross countries sewer line located in that area. Your first question is whether or not the Town can authorize a private developer to utilize the type of easement in question. Your second question is whether or not the Town has the right to, traverse the easement on the subject property in order to gain access to the sewer line on property other than the subject property. An analysis of the sewer line easement, a copy of which is attached hereto, reveals the following: to 1' wd 1. The first paragraph provides for a perpetual easement and gives the Town the right to main- tain the sewer line including the right to lay pipe, maintain, operate, alter, repair, and replace the same through the subject property. 2 . The second paragraph of the document goes on to provide a legal description of the property in question together with a map reference. 3. The third paragraph of the document makes reference to a Schedule A, attached, which provides for a temporary construction ease- - went for the`intiai-installation of the sewer line. There is also a provision for the removal of trees within the easement area during this initial construction process, and for the replacement by the Town or the payment of -_ - - - damages for- any -trees _that--are-irrepairably damaged during this process. 4. The fourth paragraph of the document provides for and indemnification of the property owner by the Town for any damage caused by the construction or maintenance of the sewer line. This provision also requires the Town to return and disturbed areas as nearly as possible to their original condition. 5. The fifth paragraph of the document provides for a reservation of the right by the land owner in question to continue to use the easement for any purposes which do not interfer with the Town's use of the easement. 6. Finally, the document is executed by the property owner with the usual requirements of a land trans- fer instrument. The beforementioned analysis is to provide the Commission =; with an overview of the meaning of the components of the easement document. In answer to the first question you have posed, it is my opinion that the Town may authorize any private person, as well as any member of its staff, to utilize the easement rights in question. Of course, such individual so authorized will have no greater right than the Town has under the easement agreement. Furthermore, the Town should make provision for indemnification from the person so authorized, for any damage for which the Town may be liable for under the easement document. ` Addressing your second question, it is clear to me that this easement is one of a number of easements which connects a chain of properties through which the cross country sewer line in question runs. The purpose of the easement is to allow for the maintenance, repair, and replacement of the line, and no limitation is provided in the document for a specific portion of the line. More importantly, in the first paragraph of the document, language is provided which clearly shows intention of the easement is not to limit what. portion of the line may be serviced in the exercise of the easement. In the pertinent part, the language provides that the Town may operate the easement ". . .through the hereinafter described portion of the property. . . ". Therefore, there is no--question in my mind that the document provides the Town the right td tse the easement for any purpose which addresses the construction, maintenance, operation, alteration, repair, and replacement of the entire cross country line, subject, however, to the Town's -- -- obligation- to-indemnify the home owner. Certainly included within the Town's rights in the easement area, is the right - to traverse the easement for purposes of accessing the cross country line at points that are not located on the subject property. If you have any further questions, please do not hesitate to contact me. Very truly yo , L Ralph Alexander RA/lrm 4:y a Volume 265 Pa-e NN. 319 gned ,petty good SE WEll LDM- EASEMENT 2185�v .aged to I _ by fire _ _red by the std �= mort— 1 For one dollar and other valuable cons+dcration rocaved from tr�ivtlT a and£auothor Win perpetually oer=os.-m a of the undeniStted Grantors hereb rang to said Town the right, p S ry ¢, y S S pipe, oprr tea alter,repair and replace the same, gages and i �� sewer line,including the right to la sewage i d Town in which euh of the undersigned grantors her an intSaK s'�� the hereinafter described portion of t..e p opezry To of the which c Records of said Town,to writ; _ ti ! as described in deed recorded in Volume 86 ,peg - _: .11 be in i Beginning at a poi.t on the easterly street line of Hilton Drive; said point being the northwesterly corner of land of the grantor and 30 days runni any maker i southwesterly corner of land of Daniel J. n Dora 0. Sevigny, ,ny maker I 3 thence at a bearing of S 85°-47'-loll E along land °fointdatathelno 'ten the ! Dora O. Sevigny for a distance of 230.68 =eet to a p rtb— Lder hereof; easterly corner of land of the grantor and southeasterly corner of this option of said Daniel J. L Dora 0. Sevigny; running thence at a bearing o! the same in S 150-27'-loll W along land now or formerly of Gregory L. McFetzidge f for a distance of 15.29 feet to a point; running thence at a beariaq N 850-47'-10" W along land of the grantor for aa-distance of 159.70 tNt ". e, the ob- to a point; running thence at a bearing of N 4 lcint0"r�inn4tha s i of the grantor fora distance of 5.00 feet to a p 9 at a bearing of N 850-47'-10" W along land of the grantor for a of 28.00 feet to a point; running thence at a bearing of S 40-12' along land of the grantor for a distance of 5.00 feet to a points. `7"��.- •�. ' ning thence at a bearing of N 850-47'10" W along land of the gran of 40.00 feet to a point; �ri;1"u- ^^ a distance int; running thence at a bearing of tAITIS l N 40-12'-50" E along the easterly street line of Hilton Drive for 1 _ distance of 15.00 feet to the point or place of beginning. • ment herein conveyed is shorn on a map aati The permanent ease 1 "Town of South Windsor, Connecticut, Permanent Easements Yor A Sewes On The Properties of Gary W. Schub z Heidi S. Delaney, Eva B. Taasoa Fred C. & Florence G. Palmer, Scale 1" 40', October 19y6, devised 1-26-77 Revised 8-8-79 Easement Revised - Palmer Property, Megaon� 3 Hyyppa Engineers Glastonbury, Conn., Sheet 1 of 1 Sheet," which and is on file in the Office of the South Windsor Town Clerk. lore y than this * See Schedule A attached hereto and made a part hereormless from any and�f� - Said Town agrees to hold each Grantee,his heirs of sewer lice, to:at«s •- i or person caused by the construction and/oe with the above _ l Y cuen Grit to as nearly is present condition as prsss� p + s farm the land at any tithe that it is necessary to disturb the surface thereof in cosmectiBien an 1979 t or replacing the sewed line d hie heirs and assigns, to use said gtts,w cea3nt+e Land for wT itt Each,Grantor reserves the right to himself, said Town in ftdfdling d>e rxPM niids +^ 1 purposes which do not in any way ioarfae with the use thaw£by ti easaaau is watized- of Connecticut Iva u� ' I SiVA and sealed atSouth Windsor ,Shoe A. August ,19 79 I i Grantor FILED C. 1tAUl� Ri rd M. Witness Rittenband 1 • . FW�CZ C. Marion W. Witness Doti(glass Grantor rr it 9,before Inc `. y ` Are peraonaIIY STATE OF CONNECTICUT a South Windsor August 15th, _ -ATFORDCOU`RY OF �jdbsmbto i the rNpos" / perally appeared FRED C. PALMER and FLOREtICE C. PALMER son g jmument and admowloI dw same to be their few as and deed beforefornain me .k•... I tst wi-C-1 RI CHARD M. Cotamissieasa of the�Pe10L lik Volume 265 Page TIo 320 - ,r .. r. For - '- of the i sewer Lr­ rl the 6cce.=- (+�) SCHEDULE A as day ( A Begin= nt i2 The Grantor also grants to the Town, its anof�constructionts dof— ofllanc ployees, the right to trespass, for the purpose __ sewers, on and over that portion of their premises designated "Con- a pOir.- struction Easement" on the aforementioned map. This Temporary Con- a p - ��Q stzuction Easement shall terminate immediately upon acceptance of the Nr42e°_ sewers by the Town of South Windsor. runnier= Julia Z If any trees on the Grantor's premises are removed or damaged to vaster- i the point requiring removal, the Town will replant them or replace them lilt a.- in substantially the same condition as they were at a location to be distaac designated by the Grantor, failing which the Town will compensate W aloes.. Grantor for the reasonable market value of the tree so removed or at a b­- damaged, with said value to be determined by an appraisal of M. Paul 276.32' Tree Experts of South Windsor, Connecticut. The p4--- Received for record titled August 16, 1979 at 11:10A.M. The p— Charles N. Enes. Town Clerk Dom Shirls:in i The right t ��.c�+sG1,t c.` 1 • port:= Meat: Mme tON= • _ � Q;•� me l• - ) r� • ' Coe , -- - - f i SOW N SF4 710_� �Sott ?d&U&Ot C,i . U 9 �C� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 S R•CO AREA CODE 203/644-2511 RICHARD J. SARTOR Town Manager March 28, 1988 Representative John J. .Woodcock, III Assistant Majority Leader Fourteenth District 30 Oxbow Lane South Windsor, CT 06074 Re: Laura Tauscher, 246 Hilton Dr. , So. Windsor, CT 06074 Dear Representative Woodcock: In reply to your letter of March 15, 1988, concerning Mrs . Tauscher's complaint, I have been advised by the Public Works Department that the sewer pipe is not in danger of collapsing, and that the ground which has settled has stabilized--it is not a condition in progressive deterioration. The Town has inspected and monitored this situation from the time of Mrs . Tauscher's first complaint. Inspections made by the Town's Engineering Bureau did confirm the settlement of the ground ( 2-1/2 - 3 feet) in one local area over a cross-country sewer. Such a condition is not unusual following sewer construction, and the engineers were satisfied that the condition would not get worse; subsequent inspections have shown that this continues to be the case. The effort to fill in this depression is complicated by the lack of access to the cross-country pipe; the sewer pipe was installed through a wooded area along the margins of a wetlands without a gravel access road. The wet soil conditions and topograph make it very difficult to move equipment into this location. I A J Representative John J. Woodcock, III March 28, 1988 Page 2 The Town Engineering Bureau has reviewed several alternative plans to reach the area, and restore the ground elevation. A plan has been selected, and a design will be reviewed with a contractor later this year. This work will be scheduled for the dry months of the year. If you require any additional information, please contact this office. Very truly yours, Richard J Sartor Town Man r cc: .'`, , ' ti3:i o dt 'd1 Publics Wool C. F. Shaw, Ass't. Dir. of Public Works A. Bowen Davies, Dep. Town Engineer $ u y• 4A�030R.00N24 I SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Regular Meeting March 14, 1988 Meeting was called to order at 7 : 35 PM CALL TO ORDER: Members present : J. Lombardi , J O' Sullivan , E .Warren J. Raymond , J . Flynn , W. Pekala J. Moran , G. Daniels , J . Goodwin Alternates present : C. Slicer Also present : Bo Davies and Michele Lipe PUBLIC PARTICIPATION: Clifford Slicer, 391 Niederwerfer Road , South Windsor, as a member of the public , and at the request of Frank Niederwerfer, spoke about the devastation caused by CL&P when they cleared the brush from under the power lines that run through the Wildlife Sanctuary, located between Barber Hill Road and Neiderwerfer Road in South Windsor . He requested that the Commission members go up to the Sanctuary and look at the 10 to 15' acres that was desecrated when CUP went in with machinery means and stripped a swath about 200' wide . Slicer distributed photographs to the Commission as proof of the devastation advising that they might realize the damage more if the members saw it for themselves .. Slicer ' s feeling is that it will take 10 to 15 to recover from the damage that CUP inflicted . Frank Niederwerfer has worked for years, planting, nurturing and pruning in the Sanctuary to establish a wildlife habitat , paths to stroll on, birdhouses and signs pointing out various interesting details of wildlife and growth . Niederwerfer has won national acclaim for his conservation efforts . Niederwerfer went to the men that were doing the cutting and asked them to stop to which they ignored him and continued on. Slicer feels that CL&P has done a disservice to the town of South Windsor . It is Slicer°s hope that CUP will make some restitution to the Town of South Windsor . Slicer also did not know whether CUP had to come before the IWA/CC before they went into the Sanctuary, however they have left the area with nothing to stop the erosion if heavy rains come . Davies commented that the machine CUP uses is one that shatters the stumps from the roots ; more damaging than an ax that cleans the stump and then sprouts can grow from the cleaned stump . Slicer ' s opinion was that the Commission had a responsibility to address a letter to the Town Manager and the Corporation and maybe a question to the Town Attorney as to whether CL&P has violated a law relative to conservation . Moran stated that at this time when the Commission got to "Other Business" , the Commission would entertain a motion dealing with the Wildlife Sanctary and letters to be written . INLAND WETLANDS AGENCY/CONSERVATION COMMISSION ` Minutes Page 2 March 14, 1988 CORRESPONDENCE AND COMMUNICATIONS Moran distributed a letter to the Commission members from Attorney Peter Jay Alter advising the South Windsor Planning and Zoning Commission and the South Windsor Inland Wetlands Agency/Conservation Commission that all pending applications concerning Governors Square, located on Governors Highway would be withdrawn . These applications were to be heard at the March 14th meeting . Moran also distributed copies of the letters that he sent to all developers concerning the change of seasons stating that erosion and sedimentation measures be taken on all sites . Moran stated that at the last meeting of the IWA/CC, there were concerns expressed by the Commission members about Lakewood. The concerns centered on broken silt fences and silt running into the pond . Moran passed out copies of a letter from Richard Kelley, RSK-Kellco assuring the Commission that steps had been taken to remedy the situation. Lombardi stated that he had revisited Lakewood and that Kelley had done some repair and attempted to correct the problem. Moran replied he understood that often these things aren' t anticipated, which is why they are incorporated into the plans as best as the Commission can envision the potential for such situations. However , the weather can never be predicted accurately and the best precautions do not always handle the situation. Warren commented that she had visited Lakewood and had seen one place where the silt fence had sagged and was in the process of falling when a young man came along and proceeded to rectify the situation. Dick Kelley, representing RSK-Kellco stated that he had not been able to get any CO' s at Lakewood nor at Morgan Farms as a result of the discussion held at the last IWA/CC meeting . He then distributed photes of the areas to the Commission members so he. could show them that steps had been taken to correct the conditions . Kelley stated that they had brought in approximately 260 bales of hay to mulch and stabalize the site . Kelley also stated that there was and is a double row of silt fencing behind the houses that the Commission had made reference to. Kelley said that he hoped the Commission would see fit to issuing CO' s to him for Phase II of Lakewood and Lot #17 of Morgan Farms . Raymond stated that she also had been out to Lakewood inspecting the site March 12 , 1988 and had found the roads to be in very good condition and that the haybales had been placed in the correct position . Daniels requested that the Commission verbally or in writing state that since the requirements had been met by Kelley , could the Commission move along the CO ' s required by Kelley for these areas . 4 SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 3 March 14, 1988 Moran stated that the action could be taken up later under the heading of "Other Business". Moran continued on with the correspondence referring to the subject of encroachment into conservation easement and open space . The letter written by Mr . Bo Davies , dated March 14, 1988 stated that in the past few years the Town has accepted conservation easements in open space and deeds for parcels with restrictions to its usuage. Usually these areas have been set aside by the Planning and Zoning Commission and/or IWA/CC and the applicant in an effort to preserve the open space in its natural , unimproved state and as a protective buffer to a wetlands and/or watercourse. The new neighbors abutting these open space areas appear to be improving their yards contrary to the intent of the Conservation Easement . A few of the lots in question include Evans Crossing, Lots 12, 13, 14 , and 15 ; Pleasant Valley Homes II, Lots 20, 21 , 25, 26 and 27. Cosmetically , perhaps the filling , cutting of live trees , removal of wild life habitat , erection of sheds or whatever may not have an adverse effect on the protected areas but this activity was accepted as prohibited by the Commission . To preserve the character of the approval and with the Commissions ' natural expertise in this area it would appear that any enforcement, if intended , was delegated to the Commission The owner should come before the Commission to ask permission before he/she erects , cuts or plants on the conservation easement to eliminate any problems that may arise. Sometimes things happen on these easements through lack of awareness or hope that no one will be aware of what is transpiring . Moran stated that a letter would go out to all the property owners , that he is aware of , reminding them of the conservation easements in their yards and of the rules governing them. ACCEPTANCE OF MINUTES : Pekala made the motion to accept the minutes of Febuary 8, 1988, as submitted , it was seconded by Daniels . 'The motion carried and the vote was unanimous . OTHER BUSINESS : Lombardi made a motion to move "Other Business" to later on in the evening , it was seconded by Pekala. The motion carried and the vote was unanimous. REGULAR REPORT: Moran asked Bo Davies to hold off for awhile and present his report later . NEW BUSINESS : Application #88013W, J . Kirby Holcombe . Permit for the construction of a single family home located on the east side of Strong Road , RR zone . SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 4 March 14, 1988 q$Jti Michael Lanza, representing the applicant , J. Kirby Holcombe and owners, -f William and Martha Aman , 643 Strong Road , South Windsor . Lanza stated that in May of 1987 Holcombe brought in a application for the IWA/CC , for a 2 lot subdivision . At that time a few of the neighbors of the abutting properties appeared before the Commission to voice their concern of the application . The Commission tabled the application and Holcombe has returned with the application along with a soil study and a map dilineating wetlands . Lanza also pointed out the soil erosion/sedimentation control narrative on the the left corner of the new map . The map showed a 1. 9 acre parcel with one building lot upon it . .Lanza made reference to Bo Davies ' s letter of February 29, 1988 stating that the certification of the indicated inland wetlands limits by a soils scientist had been completed; also compliance of 10, 000 square foot buildable area shown on this parcel . Lanza next referred to Item #3 of Davies ' letter which is an approval of the State Health Department for the sewage disposal . Lanza asked the Commission that if they passed the application, could that be one of the conditions subject to the Commission' s approval as well as Item #4 , (which is considering the relative flatness of the site , the soils condition the potential of 3 feet of fill or approximately 1500 c . y. fill, perhaps a topographic plan of the disturbed areas with 1 ' contours , location of the test holes and finish spot grades where critical) . Lanza told the Commission that Item #5 (the erosion control) was the erosion control narrative that he had pointed out up on the left corner of the new map . Also Holcombe had tried to address the protection of the water course as pointed out in Item #6 of Davies ' letter. Lanza said that the building would be outside of designated wetlands however in the process of building silt fences would be erected to curb the erosion . Lombardi questioned Lanza if the abutting land owners had been notified of the new application and the modification of the plan to which Lanza replied "yes" . Raymond asked for the distance between the house and the waterway. At this time J. Kirby Holcombe stated that the waterway is actually off the property. O' Sullivan stated that water was shown on the map. Raymond asked that a copy of the soils report be sent to the Commission to which Lanza replied that he would get a copy out to the Commission . Warren and Raymond were concerned about how close the house was to the wetlands. Lanza replied that it was approximately 40' . Warren and Raymond was also concerned about the wet and mushy ground all the way through the parcel . Warren ' s opinion was that the setback for the house was not enough and that it would be encroaching upon the wetlands. Holcombe stated that there was a 50' setback. Holcombe also said that the septic system was in the front of the house and that neither were in the wetlands . SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION • Minutes Page 5 March 14, 1988 Moran asked if the septic system would be above ground . Holcombe stated that it would be. Lombardi questioned the accuracy of the map. Lanza replied that the map was done by an engineer . . O' Sullivan , referring to Item #4 of Davies Letter , said that if the builder would guarantee there wouldn ' t be alot of fill it would help the Commissioners to make up their minds . O' Sullivan was concerned about the conservation easement area not being effected and that the builder provide the best protection. O' Sullivan asked Lanza what kind of guarantee Lanza or the builder would provide. Lanza stated that one of the things that could be done from a legal standpoint , would have conditions in the deed pertaining to conservation easement so when the property is transferred to another owner, the new owner would be aware of the easement and be put on notice. Conservation easement conditions are rarely seen in deeds, however , there was no reason that it could not be drawn up as such. Lanza also commented that it could be a good selling point for the property. Holcombe was not opposed to having the conditions in the deed . Moran was concerned about the misunderstanding of the conditions to which Lanza replied that the balance would be that the Commission had the right to enforce the conditions . Moran said that the Commission would be the fall guy because somehow the Commission would be depriving the owner of enjoying his own property. As an example , Davies asked the question "how do you replace 25 cords of wood , as it has been cut? Raymond asked if there was an easement condition in the deed or was Lanza just suggesting it? Lanza said it would certainly be suggested as one of the requirements of the deed . To this Holcombe replied that he was not opposed to any conservation easement condition in the deed. Slicer disqualified himself on the grounds that he was friendly with the applicant . Flynn stated that the Commission would have to decide if this was an old application or a new one and whether the old Regulations would apply or the new regulations . Lanza' s opinion was that this was the old application , and if so what would be the new policy. SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 6 March 14, 1988 Peter Yonniker , 61 Fairfield Street , East Hartford CT, owns the property under discussion . He is a second generation owner and had he known the problems caused by selling it , he would ' t have put it on the market . Moran asked for any more discussion about this application and the applicant and Commission said they were through. APPLICATION #88012W - RSK-Kellco , Lakewood Sewer Easement Moran stated that this application applied to RSK-Kellco installing a road bed over a sewer easement for Town maintenance purposes. It is located on the west side of Ellington Road , east of Hilton Drive, RR residential zone. This is a proposed change to the initial plan which the Commission approved for access to the sewer line which went through to service Lakewood . Richard Kelley, representing RSK-Kellco, commenced to give a brief, at this March 4, 1988 meeting , scenerio because he was under the opinion that at least there were four Commissioners plus the Assistant Town Planner , that was not -on the Commission when- Lakewood was started . The site is in a DA-15 zone which borders the mill pond . The sewer line from the project flows down through the parking lot of the Mill On The River restaurant , across Ellington Road , down through the old Dailey property. It then proceeds underneath the brook, across an open area over to the trunk line that was installed a number of years a.go by the Town of South Windsor. rzjd'. Access to the truck line was through Hilton Drive, however the access road was never used . When the sewer line was approved , the Town was not asking for any roadbed other than the natural bed . The agreement with Mr . Dailey was that RSK-Kellco would construct a bridge over the Podunk River . The bridge constructed would be suitable for a lawn tractor and was to be constructed to Town specifications . The Pollution Control at that time said they would be able to go over the bridge with a bobcat or similar type of tractor in order to clean up the area, if needed. Since that time the Town has decided that use of a sewerjet vehicle might become necessary and if so the bridge that is there now would not hold the 27 , 000 pound vehicle. Fred Shaw, the Director of Water Pollution Control , indicated at that time it would be ridiculous to build a bridge similar to one that crossed Ellington Road if and when the Town would have to use a sewerjet . Consequently the Town asked RSK-Kellco to go in from Hilton Drive with a roadbed on the sewer easement . Kelley stated that the roadbed was approximately 55' from that trunkline out toward the easement between the two houses . The Town is enforcing a policy that they don ' t want to drive across what might be there , so the Town is asking RSK-Kellco to remove some fill that is already there , lay down a sounder base so the sewerjet vehicle can have a better chance of crossing over to the trunk line . At this time Kelley introduced Chris Stone , Consulting Engineer from Fuss and O' Neil and Bruce Kelley, the onsight engineer who is responsible for the construction . SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 7 March 14, 1988 Chris Stone stated that the gravel access road would start just on the west side of the Podunk River . It would run directly over the sanitary sewer , within the boundaries of the easement , to the manhole where the Lakewood sewer ties into the trunk sewer and then 55' up a fairly steep slope. RSK-Kellco would have to stabilize the slope to provide for a heavy vehicle to come down . RSK-Kellco would remove 8" of the material that is there to be deposited and stabilized in the spoil area and replace with 8" of gravel . A small swale is involved that cuts across the sewer line so to avoid disrupting flow in that swale , RSK-Kellco is providing a dip in this path and that would be the only excavation done on the site. Stone described the 12% slope coming down each side of the swale on the profile . This slope would have rip-rap to avoid any erosion problems at the base of the swale. Everything would be at the existing grade as it is shown on the profile with the exception of the swale area. Any disturbance outside of the swale area will be stabilized, loamed and seeded . Flynn questioned if the weight of the truck would do any damage to the plastic pipe . Stone replied that the pipe is deep enough in the ground and that it would not be broken . Goodwin asked as to effects upon Mrs . Palmer ' s property. Kelley stated that Mrs . Palmer is on one side of the easement . If the Commission were to visit Mrs . Palmer ' s property , they would not know that there was an easement there . There are two or three maple trees in the easement that someone had planted that will have to be cut down. Kellco will bring in approximately nine loads of material , use the same ruts then guarantee to restore the property with sodding and seeding . Thexp nstruction would be done in May or June when the ground dries up , if the Commission approves the application . Warren questioned Bruce Kelley if the equipment he would be using , would be so large that it would effect other neighbors , bushes , etc . B . Kelley replied that RSK-Kellco would not be going on other neighbors ' properties, however as to what side of the telephone pole the entrance would be on was in disussion . Bo Davies replied that the entrance would be on the high side of the pole , which is on Mrs . Palmer' s property. R . Kelley stated that the easement is on Mrs . Palmer ' s property . Moran asked if this presented a change in the easement conditions that Mrs . Palmer had granted to the town . Kelley responded that to his / knowledge it was allowed under the conditions of the Town . In the previous months Bo Davies had met with the Town staff and they had suggested to Kelley that maybe a second look at the situation would be advisable and go back to the Commission . „s SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 8 March 14, 1988 Pekala said that he was trying to understand the whole reason for -this application . Several years ago when the Town put in this sewer , the Commission was furious about any activity or easement at all to be done in a wetlands area. Pekala said he does not understand now why the developer of Lakewood has been imposed upon to be responsible for a bridge and road that will service a sewer line . Pekala also stated that he does not understand why a sewerjet would be required for a little 8” pipe . The town has a large pipe running all the way down through swampland that has not been maintained properly through the years . Kelley stated that he had asked the Town the same questions and the Town had responded that in the days when the sewer was constructed , there was no supervisor and things were put by the wayside and now the Town would like to correct the situation especially since that is a main trunk line they want to be able to gain access to . Pekala stated that the area had been sacrosanct of "Don' t touch it" , don' t take any pine trees out . This Town pays for a number of pine trees being disturbed right in this same area, approximately $400. 00 a piece . Now Pekala wonders why the Town is changing its mind , to go into the area, put in a 24' wide road , disrupt a person ' s plot next door to the easement only to service a line . Pekala was under the impression that one of the Commissions had looked at what was required to install a sewer in that particular region and also how to service it , if needed . Pekala said the Commission should have justification from the Town Staff . Moran said that what he was understanding from the discussion that the Town took an alternative to building a bridge back when the sewer was first placed . Now, the bridge is much more than the Town had anticipated because of the equipment involved . i Kelley stated that what you saw in the easement today was what the Town requested back when he installed the Lakewood sewer line . The point of contention is a bridge that would carry a bobcat or similar vehicle, not a bridge that can carry a 24, 000 pound vehicle . Also Kelley wondered if a sewerjet could be turned around once the Town had it down to the trunk line . Kelley said he was not here to renege but get permission from the Commission . Slicer stated that he was concerned about retrieving the sewerjet out of the gulley due to the steep grade of the road . Stone replied that the grade is 12%, which is manageable He .stated typical driveway grades are many times 12%. A 12% grade is 12 ' in elevation per 100' of length. SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION r Minutes Page 9 March 14, 1988 Slicer questioned how long the easement had been there and if it had ever been used . The reply was that the easement had been there since 1979 and that it had never been used. Slicer then wondered why all the work was being done for something that had never happen in nine years and if history was repeating itself , it probably never would happen . In his opinion , if the Town did need to go in to the trunk line they would gain. Why worry about a 24' road that has got to be maintained as long as the road is there. Slicer ' s opinion of this application is that it should be addressed to the Sewer Commission. Kelley stated that in all fairness to the Town , the sewerjet had cameras that they use to look down the lines . Without the bridge to take care of the weight of the sewerjet , the Town was stuck because the proposed access could possibly take care of a little bobcat . Discussion followed as to why couldn ' t the town go down and cross the river as they did when they constructed the sewer . Kelley answered that the Town usually subcontracts out any repair work on the sewer lines unless there is an emergency . However, at that time Jim Slater told Kelley that they would cross the river if the Town needed to. Pekala stated that 1400' of pipe runs down, through, over and under the Podunk River down to the swimming pool . The town is not worrying about servicing that , why are they worried about this particular line. Slicer ' s opinion was that the Town is asking the developer to put in something other than he was required to do in the first place . The Town changes the game in mid-stream and Slicer wonders why now, since in his opinion there is a questionable need for the 24' road , the developer is being required to do this . Flynn suggested to the Commission that the Sewer Commission should appear before the IWA/CC to clarify what it is that the Sewer Commission wants accomplished . Kelley stated that in good faith he had constructed what the Town had requested at that time . Alot of the people involved the first time around are no longer with the Town Staff . The present Town Staff , in their own good judgement are saying that if a sewer line is put in, the Town should be able to get to it. Davies stated that when the Town hired a consultant to prepare the plans and inspect the installation, the Town found that they had a 20' easement where this line was suppose to be placed and they had a 15' construction easement so that they could get their equipment back and forth and it is a fantastic line , does everything it is suppose to do. The manholes are about 2 ' to 3 ' above the ground . Consquently a vehicle could never pass by to maintain the line . Davies said he was not throwing stones, just pointing out that some things do not always go as planned . Slicer remarked to Davies that was no trade-off for what the Town is requiring now. The developer should not be made to rectify a situation that is of the Town' s doing . SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 10 March 14, 1988 Moran stated that the IWA/CC does not determine whether the road is needed or not , but to the impact upon the wetlands as well as the abutter . The IWA/CC did not impose it and the IWA/CC does not justify nor judge it yes or no as if the burden was on IWA/CC. If it does go in and affects the wetlands then IWA/CC does have a concern about it and also about the impact on the change of the easement . Kelley stated that he had a letter from Michael Gantick , Director of Public Works , indicating that after June , no more CO' s would be granted to Lakewood unless these conditions are met . If the Commission denies the application tonight that would force RSK—Kellco to go back to the Water Polution Control . Moran reiterated that this was not the burden of IWA/CC. Frank Ahearn , Attorney representing Fred and Helen Palmer asked the Commission to reject the application. Ahearn stated that he came late in the game and did not have enough time to get all the history that he should have. However , in 1979 the Town came to the Palmers requesting an easement along their property for the sum of $600. 00. The Palmers relied on the Town , had no representative and allowed the Town to proceed. Now the Town wants to change the easement , install a road and they have had no communication with the Palmers . Ahearn stated that from Kelleys remarks, Ahearn was left with the impression that the imputus for this change has come from the Town Staff . Ahearn said he doesn' t know where the orders come from. Ahearn furthered stated that he was under the impression that the change that is proposed comes as a consquence of the cost associated with doing the work. Mr. Palmer is a victim of emphysema , a very bad case in that he can not be breathing in dust caused by anymore construction. Ahearn feels that the Town is trying to convert an easement for a sewer line into a easement for a road for access that was originally planned for another way. Ahearn and the Palmers feel that is very unfair of the Town , especially since in the nine years that the easement has been there the Town has never had to use the easement for repair . Now all of a sudden the Town in hindsight , after having sold the Palmers a bill of goods about how this instrusion onto their land would be, is forcing the developer to build the road . The developer who doesn' t want to pay X thousands of dollars or a cost in excess of what he thinks is reasonable for this bridge. The Palmers are asked to sacrifice to take some economic burden and some economic loss to make up the deficit . Ahearn said the other reason that he and the Palmers opposed to the construction is because it is illegal . At this time Ahearn read from a copy of the easement condition . In that the easement gives the Town the authority to perpetually maintain the sewer line including the right to lay sewer pipe and to maintain, repair etc . , the standard language that one gets when you are talking about an easement . t SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 11 March 14, 1988 The Town was also responsible for restoring the land within reason to its almost present condition . Ahern conversed with Fred Shaw and Shaw told Ahearn that what is proposed is not only to allow these vehicles through the Palmers ' property for purposes of constructing a gravel road which absolutely will be forbidden , if Ahearn and the Palmers have to go to court over , this goes beyond what was granted and what was granted was an easement not a gravel road for vehicles to run back and forth on. Secondly,what is proposed down in the junction area is to gravel in that area up onto 55 ' of the Palmers ' land because there happens to be some wetlands down in that area and the Town now feels that is appropriate . Ahearn and the Palmers do not feel that is appropriate . They feel it is a burden on the easement according to the law that it exceeds whatever the grant was when it was given . The Town is obligated to restore this property to its original condition so far as possible. Dick Kelley or any other developer does not have any greater right than was granted initially . Ahearn advised the Commission to be conscious of this and to think had this been their property, how would they feel if they were in the Palmers shoes . Now, nine years later the game has been changed, the stakes have been changed , that is everyone ' s except the compensation stakes . No one is thinking of the Palmers . Everyone on the Commission volunteers their time and has a sense of fair play and should realize that what is being done to the Palmers is not right at all. Ahearn ' s feeling was that the Commission reject the application on the basis that the Town is reacting to a hyopthetical possibility. Be fair, he said, when the time comes for the Town to use the sewerjet , let the town do the work and hold the responsibility. Have the Town stand back of the original condition . Until that time it is not right to impose this kind of condition on to the Palmers and if that should occur 'than the Town can use the access on the Palmers land with the right-of-way. Ahearn asked the Commission to review this application with the fairness that they have dealt in with other applications that have come before them. Raymond inquired as to how close the Palmers ' house was to the easement. Mrs . Palmer replied about 10' from the corner of the garage on one end then right on the property line at the other end of the easement . Goodwin asked what was a sewerjet? Pekala replied that it is a large tank of water , dispenses the water down through a large pipe running the width of the truck . He also stated that it is really a street machine , not meant for this type of work that is being defined in the application . Goodwin then asked why couldn ' t the machine be driven over the land to accomplish what the Town wanted to do . Pekala replied that it was not that kind of machine , reiterated it was a street machine . Goodwin asked if the machine made ruts , couldn ' t they be repaired . Davies stated that the machine would be driven in and then pulled out . Pekala said that with a full load of water , there would be deep ruts . SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 12 March 14 , 1988 Pekala also stated that the Conservation people are not going to let the Town fill up the tank from the river , consquently the truck would be driven down with a full tank of water. Warren stated that the truck could not be driven across the grass or it would tear up the Palmers lawn . Ahearn ' s opinion is that the gravel road would effect the value of the Palmers ' property . Any future purchaser looking at that house is not going to like the looks of a gravel road going by their house. What was presented initially nine years ago and what is now being presented are entirely two different things. Raymond made the statement that after reviewing what she has heard and after looking at Kelley ' s maps , she is concerned about the access way and also that no mention was made about the rest of the houses around that Also Kelley ' s plans do not show access to the site . She is concerned about all the traffic and also that it leads into wetlands. Ahearn stated that he had conversed with Fred Shaw on the afternoon of March 14th , asking him if Kelley would be doing anything on the Palmer property . Shaw replied that yes , in effect, Kelley will be putting gravel up to 55 ' feet from the junction up on Palmers ' land . Pekala stated that what he is hearing is that the Town wants a "highway" to service 300' of line . Pekala felt that the Commission was wasting their time. Davies said that the original plans , dated May, 1987 , are on file in the Town Hall and show that the bridge and the road were part of the plans . The plans were not approved by the Army Corp of Engineers. The town did not put that on the original plans . The 8" gravel base drive will be installed by the developer in the right of way on the west side of the Podunk River . The plans were submitted and approved by this Commission , by Planning and Zoning and the Sewer Commission. Moran stated that at this point the plans of Lakewood was not in contention and that he did not want to cloud the issue of the gravel road and bridge access and also the right of the abutter . The present discussion might be important to Lakewood but it does not effect the present application . Kelley said in rebuttal he was not opposed to putting in the 27 , 000 pound vehicle carrying bridge. SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 13 March 14 , 1988 Pekala did not think it necessary to install a 24' or 25' road in conservation area Pekala wondered why the property owners at 246 Hilton Drive was not attending this meeting . Bo stated that when the sewers went in , the contractor did not follow the plans. Consquently a $225, 000 lawsuit was levied against the Town, and 4f� the people involved did not get the $225, 000 , As a result of that suit there is no easement on 246 Hilton Drive. Moran asked for any more discussion to which there was no reply. At this Itime Moran moved onto Old Business . � v Application #492 , Graham Village which the Commission heard at the previous meeting . It involves three lots on the easterly side of Graham Road . Three houses are proposed with two of the houses having retaining walls and fill . One house had been flagged out so the Commission members could visit the site and see exactly how the house sat pertaining to the brook that flows on the edge of the property. Discussion followed between the members of the Commission as to the layout of the first lot . They were concerned about the eroding brook and the depth of it being 8 to 10 ft . Apparently in the past when the other side of the street had been developed , alot of dead trees and debris had fallen by and in the brook , plugging it up causing erosion and contamination. The applicant had said at the last meeting that the brook would be cleaned up . The brook is not the surface level brook that the Commission is use to , it .is in a ravine so it would require a large amount of fill . The contractors said that only 2 to 3' of fill would be brought in and the Commissioners couldn ' t relate to the steepness of the bank and the small amount of fill that would be brought in . Pekala stated that as a Commission , the suggestion to the applicant be that there only be two lots . They should restrict the most southerly lot , getting the protection of the brook that the Commission is looking for . Pekala was looking for a rejection of the application as it now stands . SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 14 March 14, 1988 Moran said as the application now stands, either the Commission approve the application and delete one or more building lots and say part of the application is acceptable and the rest isn ' t . Or the Commission reject the application saying that it is too intensive for the site and with the suggestion that the applicant come back with two lots'. Lombardi asked about the water that overruns and cuts back and erodes the bank causing an overhang ._ In his opinion that would just continue causing erosion . Lombardi wanted to know who was responsible to which Davies replied that it was the responsibility of the property owner . The Town would not have any rights unless there was a conservation easement located there. Moran stated that the way the application is proposed the middle lot would also require a retaining wall . Pekala at this time noted a point of order . If a application is rejected is there a one year waiting period? • Moran replied that if the application is rejected with prejudice , that would imply that the Commission did not believe there was a good faith effort on the part of the developer and the Commission just kept seeking information and they refuse to cooperate, then the Commission' s time would be wasted and think that the developer was just playing games . At this point a one year waiting period would be required . If the application is rejected without prejudice then the developer can come up with another alternative which could be by the next meeting in April . Pekala made a motion to reject Application #492 without prejudice requesting a change to the plans such as there be more area between the most southerly house and the brook and the ravine area . Moran added that essentially the area is too intensively developed for the area. O' Sullivan seconded the motion . Flynn ' s opinion was that the conditions should be clarified . The only concern that the Commission should have is with the activity near the brook and that the Commission would suggest to the developer that he keep 50' from the brook. Davies said if the Commission wanted to extend the explanation as to which Commission they belonged to , it is Inland Wetlands Watercourses Agency to which Moran replied that the Commission had a jurisdiction by court rule within 100' of any wetlands or water course of potential impact . The motion carried and the vote was unanimous with Goodwin and Slicer abstaining . SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION r Minutes Page 15 March 14, 1988 _Application #530, Cliffwood Estates , a proposed subdivision of 17. 5 acres located on the eastern side of Lawrence Road. Warren asked if the SCS report needed more clarification . They are claiming the boundaries on Lots 10 through 17 are inaccurate . Daniels stated that the wetlands were close to the proposed houses and he was wondering if the 40' applied in this situation . Moran replied that the application came in January 11 , 1988 and that the 40' rule would apply . Moran said that there were problems brought up on the SCS review letter of February 23, 1988, namely because of the snowcover the wetland boundaries could not really be checked thoroughly and the watercourses in the site were not on the maps . Also there was concern about the wetlands on the rear of Lots 11 through 17. In Moran' s opinion there was a need for a field study and the typical approach is to ask the developer have a soils scientist gather his data then SCS would review and verify once it was in hand . She Commission would have the factual information before them insteadf trying to guess . Moran asked that there be a motion to that effect . Flynn made the motion to table application #530 pending the applicant addressi& the concerns of the ,_:2/23/88 letter from Soil Conservation Service. Warren seconded the emotion . The motion carried and the vote was unanimous with Goodwin abstaining . PERMIT EXTENSIONS The motion was made by Pekala to extend Application #433 , Mountain Laurel Estates with all original conditions and transfer the application from Paul Keuhn to Mountain Laurel Estates. The motion was seconded by Daniels . The motion- carried and the vote was unanimous . APPLICATION #88012W, RSK-Kellco: Lakewood Sewer Easement Moran asked for more discussion if there was any . Warren was concerned about denying the application when Kelley was refused CO' s unless he finished the work by June 1st and also would it pose a dilemma for Kelley. Moran stated that as it stands , essentially after the three alternatives and how long it took to get something acceptable so the whole development could go ahead , the Commission went along with it with reservations namely that was proposed at that time seemed to be the most acceptable . SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 16 March 14 , 1988 The Commission approved the application and in Moran ' s views the Commission shouldn' t turn around and change the conditions along the way unless there is some grievence problem. That maybe the Commission does not renew and then the Commission poses the conditions . While this condition is being imposed over and above the original approval , the Commission has to get information that might justify it, knowing that the individual who was granted the easement is going to oppose it anyway. While Mr . Kelley is willing to go along with the original , he is caught in the middle , the change of the bridge has to be discussed consequently Kelley has to come back before the Commission. Pekala stated that the Commission is asserting their responsibility simply because this is conservation and a wetlands area and any disturbance even maintenance not be allowed. Moran said that the original belief of the application was that there would be minimal impact upon the area, the Commission went along with it reluctantly especially since this area is near the Podunk. The Town has asked for more before the completion of the project for whatever reasons there may be and the reasons may have merit. However , the Town did not come before the Commission. Now before the Commission is a homeowner wondering what is going on and a developer likewise. Moran stated that the Commission is not opposed to assisting the Town, just opposed at this stage imposing upon abutters and the developer , who in good faith went along with the original application Pekala made the motion to deny Application #88012W, and it was seconded by Daniels . The motion carried and the Commission voted unanimously. APPLICATION # 88013W J . Kirby Holcombe Pekala said that the Commission had previously suggested to J . Kirby Holcombe that the site was not viable for two lots . This application refers to one lot , there appears to be sufficient land for one lot and the septic system can be engineered for that lot consequently Pekala made a motion to approve the application subject to certain modifications such as installation of the 1 ' elevations and verify the wetlands. Goodwin said that she had a problem with that whereas the new regulations would effect this application . This was not an old application in her mind , this was a new application and should be treated as such . The new regulations were installed for the betterment of the community. SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 17 March 14 1988 Warren was concerned about the legal problem in that the applicant was under the opinion that this was a old application . In her opinion, she thought that the Town Attorney should be contacted over this matter . Moran stated that the commission could just reject it and tell the applicant to reapply when the plans are amended to incorporate all the items that concern the Commission . This procedure would eliminate all legality. Raymond was concerned about the wetlands that were ten feet away from the septic system and there might be seepage to the wetland . O' Sullivan wondered if a reasonable alternative would be to move the house closer than 50' to the street . Lombardi ' s opinion was that if the Commission is confused about the scale , how can they approve the application. Pekala made the motion to deny Application #88013W without prejudice with a letter sent to the applicant explaining that there is a question of the discreptancy of the scales and problems of the septic system , as well as items 3 through 6 of Davies letter , dated February 29, 1988. They read as follows: #3. An approval of the State Health Department for the sewage disposal system per the towns environmental health officers letter of February 19 , 1987 . #4 . Considering the relative flatness of the site , the soils condition the potential of 3 feed of fill or approximately 15010 c . y . fill , perhaps a toptgraphic plan of the distrubed areas with 1 ' contours , location of the test holes and finish spot grades where critical . #5 . There should be an appropriate narrative and erosion control proposal . To just fill over what is there without some preparation would be inappropriate . #6. Protection of the watercourse should be addressed. Daniels seconded the motion , the motion carried and the vote was unanimous with Slicer abstaining . OTHER BUSINESS Moran said the first piece of Old Business would be the discussion of the Charbonneau re—subdivision and asked for any discussion . Raymond questioned the reasoning of Charbonneau coming before the Commission to which Moran answered that the application was just for the roadway and that Charbonneau would have to appear for each lot that he planned to develop and that there would be no guarantee that each lot would be passed . SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Minutes Page 18 March 14, 1988 Warren has walked the site a number of times and in her opinion did not see any violations to the permit . Daniels stated that when the application was before them there were some people concerned about a pond that they were afraid that Charbonneau was going to drain and install a roadway through where the pond was , or a collection of water. Moran answered Daniels by saying that the people came in believing that Charbonneau was doing alot of work without a permit . Pekala remarked that in his opinion he thought that the people who had come to the IWA/CC meeting were concerned about the woodlands in the pond area . They thought the woodlands were original and they did not know the woodlands were the result of a berm placed there many years ago. Moran stated that when the houses in that area were built years ago, there were lawsuits and problems . The area changed hands, the people were concerned and now in comes another developer and the people feel uneasy about the impact it is going to be up on them. The present developer says that there will be no impact upon the surrounding properties , however the people are fearful and it quite natural for them to feel that way. They just want to protect themselves . Pekala asked Moran if this Application needed a motion to which Moran replied that no, it was just a courtesy action to review and discuss this application. Moran will send a letter to the Applicant making him aware of the fact that the Commission had discussed his application. The Commission then commenced discussing the problem in the Wildlife Sanctuary in South Windsor . A couple of weeks ago , CL&P came to clean the brush out from under the power lines . They left in their wake a 250' swath of devastation , cleaning everything close to the ground , blueberry bushes, etc . Frank Neiderwerfer has worked for years pruning , nurturing and hand planting different species of flora for the benefit of the townspeople. The Sanctuary is used for nature walks , bird watching and in the winter, people use it for cross-skiing and sledding . When CL&P had approached Neiderwerfer about the cleaning out from under the power lines , it was suggested that CL&P did not use herbicide . CL&P stated that the cleaning would be done mechanically . Unfortunately , Neiderwerfer did not realize how close to the ground the machine was going to go plus in some areas the machine left huge ruts . Neiderwerfer called IWA/CC knowing that the Commission would like to be aware of the situation . Slicer stated that in his opinion , he thought that CL&P owed to the community an explanation . He made a motion that the Commission submit a letter to the Town Manager , CL&P, Town Attorney , Town Council and Mr . Niederwerfer as to the concern over the defastation under the power lines at the sanctuary after CL&P finished removing the brush. Raymond seconded the motion and it passed unanimously. SOUTH WINDSOR INLAND WETLANDS AGENCY /CONSERVATION COMMISSION Minutes Page 19 March 14, 1988 Moran stated that the reason CUP worked so close to the ground was because CL&P would not have to come back so often , consquently saving money. However , in most of the Commissioners ' minds they were wondering what CUP was thinking when they were in the Santuary, didn' t they realize that they were in a protected area . At this point Pekala made a motion to extend the meeting . The motion was seconded by Lombardi . The motion passed and the vote was unanimous . Discussion of Lakewood followed with Daniels concerned about the Town refusing CO' s to Kelley and was there anyway that they could be expedited. Davies replied that he was the expediter and that there were some problems that Kelley had to clean up , namely the road had not been approved going across the Podunk River . In his letter of July 9, 1987 , he had basically approved the application . The sedimentation and erosion notes were thorough and seeding was to be done in thirty days. On March 7 , 1988 , Davies inspected the Kelley site and found that Kelley had initiated all the conditions , had been working on them however the area still needs tender loving care . Detention basins were in place yet silt was still pouring into the pond . The silt could be seen on the leaves that had fallen last fall . Kelley has the responsibility to control the sedimentation and erosion problems 100' from the watercourse . Kelley distributed photes of the area, taken the previous Saturday, to demonstrate to the Commission that he had taken care of all the conditions that were in Davies letter, erecting silt fences , etc . , also that the detention basins had hay bales installed around them. Kelley stated that the dirty water from the plunge pool is always monitored . Lombardi stated that the pools were full of silt the day he visited the site . Kelley replied that the silt was coming from the stockpiles put there during the winter for spring seeding . All the lawns were to be seeded as soon as the weather permitted . Kelley said he had bought in 150 bales of hay and found some bare spots after the 150 bales were laid down so he went out and purchased 200 more bales of hay and he and his crew worked three days covering the bare spots . However , the wind was blowing and the hay would blow as fast as it was put down . Kelley and his crew are still monitoring the area where the hay was laid. Moran stated that he was concerned about the dirty water going into the pond . Davies said he would suggest to Kelley to stop the dirty water at the top before it ran down into the pond . Kelley replied that the Town asked for one silt fence , Kelley put in two. Clay and water do not mix . Kelley said that all winter there has been equipment in the area, consequently Kelley had placed alot of sand in the s-tree-ts for _ic-y and- snowy- conditions- Lombardi asked how was the developer to control the sewer basins when he had equipment in the street . Lombardi felt that the developer had no control over the situation , Kelley could monitor all day and all night and still there would be water running with silt in it . Kelley replied that he had bought a sweeper similar to the sweeper that the Town owns . Y SOUTH WINDSOR INLAND WETLAND AGENCY/CONSERVATION COMMISSION Minutes Page 20 March 14 , 1988 Slicer asked Davies as to what was he trying to do. Davies replied that Kelley was not stopping the downhill flow. Davies stated that we are not in a rainy season yet , what would happen then? There is a pond just south of Kelley' s project , feeding water into clay , the silt lands next to the pond . In Davies ' opinion , he would like to se Kelley clean it up . Moran said that the Commission does care about the erosion and sedimentir controls , that is why the Commission exists and Davies is . there to see that they are enforced. Pekala said that in the past CO' s had been issued to various developers and that they had not always met with all the conditions . Lombardi spoke up as to the fact that rules apply to all . There should no harm or duress to any one person . Rules have to followed. A phone call would have told Lombardi that the work was completed. Moran stated that the Commission does not hold the authority to issue CO' s . That was one reason that the Town was trying to hire a Zoning Enforecement Officer . A ZEO would have the authority to stop the work th- and there if he saw that the conditions were not being upheld. In his opinion there were no further discreptancies , Kelley is trying to do as was told , the Commission is not here to hold people up if the rules are being followed . Moran asked Davies to take care of the matter with a letter . Warren felt that Davies should search out people with easements , telling them what they can and can' t do. Moran said that he would have a letter out to people who are not honoring the conditions of the conservation easements. Pekala made a motion to submit a letter to Attorney Alter and Governors Square - Elio Capuano, instruction them to follow due process of applications . This was seconded by Lombardi , the motion carried and the vote was unanimous . d j SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION COMMISSION Meeting Page 21 March 14, 1988 Moran passed out copies of the Hartford Report , (Exhibit A) and announced that the next meeting would be held April llth. Motion to adjourn the meeting was made by Goodwin , seconded by O' Sullivan . Motion carried and the vote was unanimous . Meeting adjourned at 11 : 23 PM. Date Approved: Respectfully submitted Phyllis M. Mann Recording Secretary LAND I I(Drtford Report The time for state and local open space conservation is now, olicy should not be driven by emotion. Agreed. tionists or people motivated solely by emotion.They are Yet there is a gut feeling on the part of society that people who recognize that conserving certain lands as supports a policy of conservation and public open space maintains a quality of life that is valued and ownership of undeveloped lands. Perhaps that sought after by many. feeling originates from the primitive memory of The current interest in land conservation is directly land as a source of food,or an historic appreciation of the linked with the economic upswing enjoyed in New aesthetic and spiritual-qualities associated with natural England in recent years. New England's attractive natural lands. It may emerge from a recognition of land's landscapes have drawn more than their share of new restorative powers or a practical understanding of land as a businesses and residents. Long-term citizens of New permanent asset,whose value depends on thoughtful England towns have watched with some dismay as second stewardship and appropriate use. Whatever its source,the homes,condominiums and businesses spring up like instinct to preserve some land in an undeveloped state is a mushrooms in the wake of a rainfall of investments. The trustworthy guide for public policy. very beauty which attracts newcomers to the New England Recently a groundswell of support for maintaining cer- states is being devoured. A bite out of a hill here,a wetland tain lands as open space has taken hold throughout New swallowed there;the landscape becomes increasingly England. In New Hampshire and Maine,people from dif- fragmented into lot-size pieces. ferent ends of the land-use spectrum have joined together In Connecticut, some communities placed a moratorium to press for state funding of open space conservation. Con- on development until they could formulate planning and servationists and real estate developers, sportsmen's zoning regulations which would allow growth to proceed groups and businesses have coalesced in saying: "Let's in the-direction-they wanted.--A few communities identified decide now which parts of the landscape shall remain the special natural lands and recreational places they undeveloped, which valuable recreational areas should be wished to protect and began the difficult task of raising the forever publicly accessible,which areas of wildlife habitat money to acquire them. At the state level, Connecticut or unique, specialized ecosystems shall be protected from Audubon,The Nature Conservancy and many other con- human transformation." These are not voices of preserva- servation organizations urged the governor and legislators 4•Connecticut Audubon•Spring 1988 4 � 1 to set up a permanent sourc€;of funding fox state open ment threaten its very character and had responded with space acquisition. proposals to enable state and local l�overnrrrcnts to acquire, In 199/3 an Open'Space Jask force composed of valued buds. legislators and representatives from conservation groups During 1%U, 'Mainers$35 million fonr-year°bonding pm, and tlrc Department of Parvitoriment4l protection proposed posal for acquisition of critical habitnt and other signifi. that the smte renew its 1970 comrniitntent to protect 10 per- cant open space proceeded to a favorable refevenduurn. Now cent of the state's land as open space. They recommended Hampshire created a Trust for New Hampshire Lands and, that 100,000 acres be puurchasc€l by the year 2000 through with initial state funding of$20 million, took the first step the establishment of a$25 nalion fund from the General in a five-year$50 million program. A Rhode Island Fund surplus or from a percentage of the real estate con. referendum overwhelmingly approved a$65.2, million veyance tax. An annual reimbursement for acquisition bonding authorization for open space and park rehabilita-4 monies spent was proposed to keep the fund at that level. tion over the next three years. The Massachusetts Although Connecticut was enjoying a period of budget Legislature approved$500 million in bonds over five surpluses and a booming real estate business, the years, of which approximately half is for open space land legislature was unwilling to set aside funds to invest in acquisition. By comparison, Connecticut's$5 million for Connecticut's diverse but rapidly changing landscape. the Recreation and Natural Heritage Trust Program was a Only$5 million was allocated to the Recreation and sad testament to the state's lack of commitment to preserve Natural Heritage Trust Program in addition to$5 million unique natural features and expand recreational for other state and local open space projects. opportunities. Searching for tools and tactics to balance land Connecticut representatives at the conference gathered development and open space protection, conservationists to brainstorm ways to correct this situation. The discussion and state environmental and agricultural agency represen- became charged with excitement as representatives of non- tatives from all over New England gathered in Vermont profit and public agencies debated strategies to bring land last fall at a conference sponsored by the Lincoln Institute conservation within the spotlight of the political arena. of Land Policy. Every state had felt the press of develop- The roundtable talk culminated in a decision by conserva- Connecticut Audubon•Spring 1988•5 Hartford Report (Continued) tionists to launch a major grassroots campaign for open space funding at the state and local levels.In November, the Land Conservation Coalition for Connecticut was _ . .1.__D--formed,with CAS,among others,taking a leadership role _ on the steering committee. The 1988 legislative session presents a window of op- portunity for state and local open space conservation. Asw � , this goes to press,the Coalition,a growing number of local `' and statewide organizations,continues to gain supporters for a legislative initiative that includes an increase in state bonding for land acquisition,as well as a proposal that will �` r allow municipalities to establish local land banks. Senator Michael Meotti,Environment Committee Co-Chair,has taken a leadership role in garnering legislative endorse- _ ment of this initiative. A number of other legislators,in- cluding Representative Mary Mushinsky,Environment •y, Committee Co-Chair; Senator Jamie McLaughlin; Representative John Mordasky;Representative T.J. Casey;and Representative Thomas Luby have also in- dicated their support of open space funding. Recently ,support for . maintaining n certain lands as open space has swept New England. DEP Commissioner Leslie Carothers has declared fund- " "l ing for state open space acquisition to be her highest o ti budget priority.Throughout the state,local land trusts and conservation commissions have enthusiastically 'nG a demonstrated their interest in advocating passage of land lion`from na- bank enabling legislation. Amon A., „ This is the year to put your state and local represen- imd piden :' tiCii t bah esc l et tatives in the land conservation camp. Make sure theyatiSnes to at CAS VIddowPsaawing. know of your interest in the state's commitment to the =Open to rmbgrs and the gerivai public,=Oe wwkshops preservation of Connecticut's landscape. Alluvial marshes, will be held May 7 at the CAS Fairfield Ce na r,2325 . white cedar swamps and traprock ridges are special Burr Stred,from 9:30-11:+00 am.,and May 3 at the Connecticut features which should be protected. Critical CAS Holland Brook iCeufer,.1361 Main Street,Obston- wildlife-habitat should be purchased now so our grand- bury,from 7 30-9;00 pi*.M dim amending will - - children will have the thrill of seeing a long-eared owl or receive a copy of the new CAS poster on alternatives to discovering a willet. It's up to you to speak up for the con- outdoor pesticides.Refreshments will be provided.For servation of Connecticut's land. For information on the more information,call the CAS Environmental Center open space proposal and how you can help advance it,con- in Hartford,527--8Td7. l�ad$uthes�and tact CAS Environmental Center,527--9M.—Joey Corcoran 6•Connecflcut Audubon•Spring 1988 ta.NN af, 1540 SULLIVAN' AVENUE SOUTH WINDSOR, CONN. 06074 �r�osoR-co AREA CODE 203/644-2511 April 21 , 1987 Richard M. Rittenband, Esquire Town Attorney 1734 Ellington Road South Windsor, CT 06074 Dear Attorney Rittenband: A situation has arisen which necessitates a legal clarification. We have recently been contacted by a resident on Hilton Drive requesting assistance in the maintenance/repair of an old drainage system which traverses his property and that of his neighbors before discharging into the street storm drainage system. This drainage system serves the backyards of this development only, i.e. , drains backyards of homes. We have researched the deeds for the original development and find a Warranty Deed from the developers to the Town of South Windsor referencing a subdivision map (see copy enclosed) . The deed refers to granting to the Town certain land and streets "together with rights-of-way, for purposes of installing, repairing, maintaining, and replacing storm sewers as said rights-of-way appear on said map. " The map depicts a number of "drainage R.O.W. " and a 20 ' "drainage rights reserved" area. This "drainage rights reserved" area is where the resident has requested our assistance. This "drainage rights reserved" area is not physically described other than by lines on the map, i.e. , no meets and bounds description. I The basic question here is, does one infer from the deed and the imap that this "drainage rights reserved" area is the responsibility of the Town? I would appreciate your review of this matter. At your convenience, I would like to discuss this issue with you. Very truly yours , Michael J. tick Director of Public Works MJG:bmr Enclosure cc: Richard J. Sartor, Town Manager )Melvin C. Stead, Jr. , Supt. of Streets Richard Martel , Town Engineer rg- 1rl . j iL. 1tM 311coils POWER OF LTTORNEY iv..O . ALL MEN liY '1'iIL'SE P!2EaENT.i. ' 1 Thif L We, !3Aj%j iCOSTY ana LIQZBI"1 A KOSTY, both of the Town of I 311er4nan OEIK J, County of Los Angeles, ana State of California, f uu nureby make, constitute ancA appoint RICIIARD W. LAW, of the ' I '.own of Manchester, County of liartfota and State of Connecticut, ,s our ;.tt-)rney for us and in our name and stead to give, grant, bargain, se1L ant., convey that certain piece or parcel of land lyin, anu being in the Town of South Winasor, County of Ilartford ana State . of Connecticut, with the buildings thereon, known as i;o• 61 iiileon Lrive anu also known ana designateda as Lot No. 6 On z,, ma.'.) cntitteu 'Plat I :leasant Valley Homes Pleasant Valley ao:za So. �.•1inusor, Conn. scale; 1" = 00 ' Jan 1957 Designed By: Primus & Selti Revision I Lots 36, 37, 38 & 39 46 & 42 Revision i II May 21, 1958 - Drainage Easements On Lots n2 to 22, 44, 36, 3 7, 23 & 29,,, which map is on file in the Town Clerk is office j in saiu ';okhi of South ►Jindsor, reference to which is hereby n,aue for furL;her aescription; Said: premises are boundea: NOIXAIE&' SGTE:tLY by Lot No. 7, as shown on said- map, Two liunured (200) feet; , J SOUTIMASTERLY by Hilton Drive, One • tlundred (100) feet;. SOUT►MESTEALY by Lot No. 5, as shown on said map, TWO llunare6 (200) feet; and 1 NORTi.-tvESTERLY by 1.;,nd now or formerly of Erastus D: Burnham, One Hundred (100) feet; and to sign, seal, acknowledge and deliver any and all deeds or MI. LAW 4 PMCL011 AITQANtT!AT LAW ' kwowl a•YILOINO 3 e.G[NFlf••TgttT i 1ANCN92110,CONN. , i '2 f �1 6t 3i z/..ss3. r �9 z zs%3oz Cokfur� /00/,3/ 7' doi, �0 •. Zo3/L3;_ Cy.�{ 2 SF�i7 l�icirs ,�s r Ir IL At r O i z5 � 3• v'- NCH 4 `•.-� to ll / ,tl, lU MoW Ira . xde N A-P C Zap.pv 6�v So' LA+ x 4 E a V ,¢� is b �. a ' Isr*�3. .x _, 4IS dL - - a a - - o - - - - - i `. -+V 3 /fic��xJ �-��yi�� � /fit/,vL:� G Y/z- �i - z�Z -�� /d5��/yZ -3 G-�;5— �"'Li�"f f/�s"G Pjf /3 � �1��/ Co tl"c� � -3 �5� , Gfl?'� � �, i � Pursuant to the statute in such case made and provided, this lien is filed with- : fin four months after such judgment was rendered and the same real estate 11 herein described was attached in said action on the 30th day of September, iI 1958. I ii Dated at Hartford, Connecticut this 28th day of Novem ber , 1958. � Receivr. 3 for record i 9: 00 A .'1. The South End Bank & Trust Company By� Buc y, Creedon � Gallivan Its Attorneys i l ^nO 7� C^nn.ctfeat WARRANTY DEED, 1 II TUTS tANK we^n�.weo u P..urns. 7-0/e Utv A..,�Rbnahers.Rbnf�,d K I: fimr., l -��I ' 'cI� �� Know Yes That PUASAi1T VALLEY SSATES, INC. , a corvoration organiz d and existing under the laws of the principal office to the Town of Enfield Countyta OfnoftHartford,l Its 'State of Connecticut, acting herein by Renald A. Grenter, its President hereunto duly authorized for the consideration of TEN (10) DOLLARS and othwvaluable consid(but less than One Hundred ($100 orations ) Dol.tqrs) + received to its full sltigfactinn of THE T011fP.' I nF SOUTH WI"SOR i I tlt,e9 Rivf•, print, bargain, sell and confirm unto the said Town of South Windsor Its successors and assigns forever, certain nieces located in said Town of S-I or parcels of land Connecticut and being �oreuth Winda^r, County of -Hartford, State of i particularly described as follows: Hilton Drive asThe streetwn on es designated ds Allen Drive, f Iniley Homes South Windsor, Conn. , Scale 1"& r out P Drive and entitled, "Proposed Layout Pleasant � `;ei.ti , Engr' '" which man Is on file in the Town Clerk' slOffice Primus Town of South Windsor to which reference may be had; n agi� s � together with rights of wav, for maintaining, and realacing storm purposes seaeOf Installing, repairing, _ on said map. righta Of way appear AndBo, it the said grantor does foritself, its/ -� 4.tr . y + assigns,covenant with the said grantee . its sues s sort nd amigns, that at and until the enseaiing of these presents, It i s well seized of the premises, as a good indefeasible estate in FEE SIMPLE; and has good right to bargain and sell the same in manner and form as is above written; and that the same is free from all incumbrances whatsoever, except as hereinbefore men- tioned. And Furthermore, it the said grantor does b these ese presents bind itself and its successors Atimmi- otoo nma-and assi gns forever to WARRANT AND DEFEND the above granted and bargained premises to it the said grantee, its successors, dsrhat and assigns,g , against all claims and demands whatsoever, except as here-inbefore mentioned. Pleasant Valley Estates, Inc. acting herein by Renald A. Grenier, its President, hereunto duly authorized has hereunto caused its name to be not and its corporate seal affixed In Witness Whereof, Sand A=&jvekx this l s t day of April in the year of our Lord nineteen hundred and lift "-eight. Signed, Sealed and elieerc+d in aencx of •.. VALLEY ESTATES J` i*. -- � ^' Ronald A. Grenier, Pre#'3O-enb? - -hetwuntn I State of Connecticut, 8• Hartford, Connecticut t'Amury of Hartford April 1, A. D. 19 58 Permnally Appeared Ronald A. Grenier, President as aforesaid I Signer and Seakr of the li rag Inatranuant, and ae4nowledfod the am* to be hie free act and deed, and the free act and deed of said corporation, Wore me. �snq� iiioot Copmiuione► 4 the 4;aperior Court jReceived �L, . a. lY s 1' At Town Clerk V/ S_V 1 ?d C a w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 l�dSOR•C� AREA CODE 203/644-2511 February 13, 1986 James P. & Laura K. Tauscher 246 Hilton Drive South Windsor, Ct 06074 Dear Mr. & Mrs. Tauscher: An application has been made for a new sewer installation across the Daly property at 970 Ellington Road which would involve a crossing of the Podunk River and work on the west bank, up stream from your property, in conjunction with the Lakewood Development. It is our intention to address the sanitary sewer erosion problem on your property, at the same time with the same contractor, with an under drain installation. It is possible that this work could be done this month based on water levels, weather and appropriate approvals, etc. Access would be from Ellington Road, down the Daly driveway and across the Podunk. I don't have much more information to give at this time, it is more to let you know that we had not forgotten. If you have any questions or see any activity out there and want to discuss it, please call me at 644-2511 Ext. 244. Very truly yours, A. B. Davies Deputy Town Engineer ABD:dlb CC: Robert Arsenault, Director of Public Works✓ Richard Martel, Town Engineer Fred Shaw, Superintendent Pollution Control 02 C N 7-own O-P SotdA Vzf-ul� - .. D 9 w�� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R•CO AREA CODE 203/644-2511 TVIEMORANDUr4: TO: Walter Pekela, Chairman, Sewer Commission A. wen Davies, Deputy Town Engineer ichard Shattuck, Director of Public Wo rks Wayne Gerlt, Town Attorney FROM: Constance Eriksson, Chairman, Inland Wetlands Agency DATE: April 23, 1981 SUBJECT: TAUSCHER PROPERTY, HILTON DRIVE, SOUTH WINDSOR, CT. After discussion of the Tauscher property on Hilton Drive, it is the opinion of the Inland Wetlands Agency that it has become a legal issue and,therefore, we are turning the matter over to the Town Attorney. J N SE•,- Ic a � w Tr w 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �`�AS4R•C��� AREA CODE 203/644-2511 DEPARTMENT OF PUBLIC WORKS RICHARD A.SHATTUCK,DIRECTOR March 12, 1981 Attorney Wayne C. Gerlt P. 0. Box 559 South Windsor, CT 06074 Dear Wayne: In reference to your January 31, 1981 letter, McLaughlin and Burke vs Town of South Windsor, attached you will find a copy of my memorandum to John regarding this matter. . I have never received any further request from John, so I assumed the matter was closed - on our part. Very truly yours, TOWN OF SOUTH WINDSOR 4 .0 Y%:� Richard A. Shattuck Director of Public Works RA.S:bw Attachment C t 7-0-wn, O-P S-OtitbZ vt;ful,&)�t a 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 OR,C� AREA CODE 203/644-2511. DEPARTMENT OF PUBLIC WORKS RICHARD A.SHATTUCK,DIRECTOR M E M O R A N D U M '`(..- March 5, 1980 TO: Attorney John J.a.Wo"odcock III RE: HILTON DRIVE LAWSUITS As per your request, enclosed are all copies of correspondence and bills that I can see would be pertinent to 311 and 303 Hilton Drive. Also, you will find a breakdown of the Street's involvement of the problems in monthly order by Mel Stead, Jr., Superintendent. I would like you to remember that December and January, 1978 was an extremely wet time of year with snow and rain falling quite frequently. I hope these documents are what you need. If you need any further information, you can contact me at anytime. Richard A. Shattuck Director of Public Works RAS:bw Enclosures r t 0WN SFq` T_0� O-P Sou& ?&Z� �C~ 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR-CO AREA CODE 203/644-2511 February 29, 1980 Mr. Richard A. Shattuck, Director Department of Public Works Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 Re: David M. McLaughlin 311 Hilton Drive, South Windsor James F. Burke 303 Hilton Drive, South Windsor Dear Mr. Shattuck: The Town of South Windsor has been sued by the above-referenced property owners. The two lawsuits emanate from an apparent blockage. of the drainage line on Hilton Drive. This letter is to request that you review your files and those of the Town Manager, and any other appropriate departments; to see if you can come up with any records relative to the Town being put on notice as to these problems. The critical issue in these lawsuits is whether or not the property owners notified the Town of the pro- blem, and whether or not the Town took corrective action. We would be interested in notices of any kind from any of the neighbors on Hilton Drive, not necessarily the two above-named individuals. We also are interested in copies of any contracts that you may have let out with respect to correcting the problem, invoices and bills, a de- scription of the type of services that were rendered by Roto-Rooter, the dates that the work was done, etc. Your prompt attention and courtesy in attending to the abQm 4t your earliest convenience is greatly appreciated. With best regards, I am Very tru rs, J John J. Woo ck, III Town Attorney JJ[�Jj 1h--- -- - - i D N 3 f4`� In reply please refer to; P. 0. Box 559 South Windsor, CT 06074 F 70� O-P s,olum vt�,� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �rldSOR•cO AREA CODE 203/644-2511 January 31, 1981 Mr. Richard Shattuck Director of Public Works Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 Re: David M. McLaughlin and Town of South. Windsor and James F. Burke vs. Town of South Windsor Dear Dick: Enclosed herewith. you will find a copy of a letter dated February 29, 1980 from my predecesser, John J. Woodcock, III.- Kindly review your files as requested in his letter and indicate in writing what if anything you were able to locate in these matters. Your prompt attention to this would be greatly appreciated. Very truly y rs, Wa Christ er Cerlt bes Enclosure .O �V J YK40hard AT QUM; MGM Depart melf cif'Publ is itioA ks.. .. `Y't3Wn of SOON e`jiF1c?anr 1540 Sullivan Avenue South Tir3d OV, Connecticut '06074 Re: Davia C➢ lblin 311 Hilton ?give, South Windsor Jones P. AuThe 303 Hilton Drive, South Winds'-, Dear Mo. Shat.ticy: The down of Zco th Win(Iser hq ,been suOd by themhotre- er�nce property oia�sers° The t&o 1as�r nits ema a �rr�te from an apparent blockage of the dra`Mage line fin Hilton Drive. This° jetter as s.o lcquest,, that you review Your flies and those of the Toyn Man ger, did any other ap*ai•:>pri to department, put if you can come ilia with any records 70 a�ive • .1 .;�',t �"{91�T? 'S?�73�i to se on notice as to these Px°Obleis The cri l ca.l issue in these; lawsuits is whether[` o2 not thn property owner' Ot z a e! the Town of the pro- bblelp, , and whether or not the Town 1,o iT?.iL'reS1`_oG. xtI notices •��' ry-•z kind �.ooh corrective 3-oZ?: iafE3 aYOe��t e int rt'Yve,te in S r • a e�of any Lind o^ �a Y of the neighbors on also ssa. 11y the two above named individuals,iCAuals, W�,A also am interested in Mies of any contracts h out with respect o correcting ,av z.tin g the problem, In l �ces Gn`�i3h hills, l s, e scri tionsP �ald�A �F L"ln �1^y a i� C,A.-d 7'��y ai ,' a'Y� �.9-i` f l Fi:•y y-nry. the dates that the work was done, Your prompt Mf3n°`.Ton nnd court.f'y in attOrsfng to the above at your ear''Pst cejr r; i nce,.i..- in greatly ist;pr..n.cic`.i$: i:With best regards, 1 am e l erY truly yonrs, .>.r.. L J JW/f' � TOWN OF SOUTH WINDSOR DEPARTMENT OF PUBLIC WORKS COMPLAINT FORM Date Taken By ��� L ,5, Name ��tJ� d r— L"!fJ) fah Address the koPho e / -531'1 Time r . M. P. M. Complaint—(Please be clear, but brief) lei fCis j /�7 C'c �F'a r✓{'��cj Route To Final Action Date r MEMORANDUM July 25, 1978 To Mel Stead Re: Erosion problem at 3\28 Hilton rive Mr. Ahern, at 328 Hilton Drive, is concerned about an erosion problem being created in his back yard. A drainage pipe is installed in his side yard, running to the rear of his property and ending in a headwall which is in danger of falling over. His phone number is 289-6906. Would you please look into this situation to determine if it is something your department could correct. If you would like me to go with you, please let me know. J. E. Page jc: Allan S. Young 4 TOWN OF SOUTH WINDSOR DEPARTMENT OF PUBLIC WORKS COMPLAINT FORM Date ' . ;-aa: Taken By Name— Address 3 ii. f on 1, Phone Time A. M. P. M. Complaint—(Please be clear, but brief) (�y .t d h t. ci:'c3,^_i_;. L:'1i _ '� -_.?lC': j t1dJ,� a`•`= _ d1c.: 3C3G 3s :eCk h, 'z7< :)onkl Route To• t cta n Final Action Date TOWN OF SOUTH WINDSOR DEPARTMENT OF PUBLIC WORKS COMPLAINT FORM Date ) J /TIZ Taken By / Name a'��r�-mod �i���o !o Address- Phone-S �2- ime A. M. P. M. Complaint—(Please be clear, but brief) Route To Final Action Date t � MEMORANDUM November 9, 1977 To: Lou Jeski Re: Drainage system - Rear of Hilton Drive There has been and is a recurring problem in the rear of Hilton Drive. The problem is in the form of rear ydrains connected to clogged small diameter pipes. The cloggs are caused by Willow Tree roots, etc. These pipes have been cleaned in the past by hiring Roto-Rooter Service to cut out root masses,there by freeing the pipe for flows. Back in April, Les and I inspected the system at the request of Mr. Roger Merrill of 109 Hilton Drive. At that time, I recommended to Frank that we clean the 15" RCP at the street, and hire the Roto- Rooter Service to clean the remaining small diameter pipe (600-700 ft.) Today, November 9, 1977, I received a call from Mrs. Trantolo of 115 Hilton Drive who stated that Mr. Page and Mr. Jeski were out to look at the same problem two weeks ago. Her complaint now is that the situation has become worse. Septic systems are failing and cellars are being flooded from excessive ground water. I suggest that we either hire the Roto-Rooter Service or purchase a comparable machine and clean this pipe before cold water freezes it solid. Mel Stead � - r .s TOWN OF SOUTH WINDSOR DEPARTMENT OF PUBLIC WORKS COMPLAINT FORM yam. 'Y�- Date Taken lay Name Q Al Add ress- / / S Phone -5'X9"YX?3 Time A. M. P. M. Complaint—(Please be clear, but brief) c`off In g77 Route To Final Action Date MEMORANDUM May 2, 1977 To: Fide Re: Pipe on Hilton Drive Les and I met Mr. Roger Merrill of 109 Hilton Drive on Thrusday, April 28, to look at the drainage pipes in the rear of the lots. The water is backed up and the pipe is apparently plugged somewhere between the last inlet in the rear and the catch basin in the street. The first action should be to use the Sewer Jet in the 15" RCP at the street, and clean the line to the rear inlet. If this does not free the lime, a portable roto-rooter-type machine must be rented to clean the smaller steel pipe. Melvin C. Stead, Jr. MCS:prb •r. '«.... 1958 ,iReceived for record De 2, 1-q,'O t 9: 00 A.H. The South End Bank & Trust Company Town C 1 erlc By . Buc.� y, Creedon 9 Gallivan Its Attorneys Form 178 Connecticut WARRANTY DEED. 7lJTB lANX Rfri 9TERE0 u s PAT osr cE Turf/e L a w Pr.nv,PubGshe�s,Rutland,b3' all • . 11 M� • ♦9 ' � • •116Mt(1),r1r-dikt- 1 Know Y That PLEASA.tvT VALLEY ESTATES, IN . , a corporation organized and exists. under the laws of the o Connecticut with its i principal off c nfield, County of Hartford, 'State of i Connecticut, acting herein by Renald A. Grenier, its President, { hereunto duly authorized i for the consideration of TEN (10) DOLLARS and other valuable considerations i (but less than One Hundred (izf1C )) Do received to its frill satisfactio of THE TOi*vl OF S JTH WINIMSOR I( i' j iI 9 y j does give, grant, bargain, sell and confirm unto the said Town of South W-1ndsor, 1 its successors and assigns forever, certain nieces or parcels of lands located in said Town of South Windsor, County of Hartford, State of Connecticut and being :yore particularly described as follows : j The streets designated as Allen Drive, Ronda Drive andl Hilton Drive as shown on a map entitled, "Proposed Layout Pleasant ?' Valley Homes South 1-1.1ndsor, Conn. , Scale 111: 60 , Jan. 1957, Primus &; YYelti, Engr' s" which man is on file in the Town Clerk' s Office in said Town of South i!indsor to which reference may be had; i together with rights of way, for purposes of installing, repairing, ;1 maintaining, and replacing storm severs as said rights of way appear - n--s a i dm ap-. -- --- - - -- - - -- --- --- - -- -- -—--- Form 174 Conneetleut WARRANTY DEED—SURVIVORSHIP. tiMv a !T TUTpLANX etf•*r.wto u. PAT e.nea ^- 7uttie Lew An�Rib/ehera,Nt//era!l? 4 I.B- Mg, 5okI TiOW Ye That PIZ_'AS-ANT VALLEY t'S`'ITL•'S, ,rl". a corporation orrar.i�Pd and existing; under the lavrs of the State of Connecticut, with its' princinal office in the "'own of 'Enfield, County of Hartford, State of Connecticut, acting herein by Samuel I.;. Si, isky, its Secretar s hereunto duly authorized,'-- for the consideration of TEN (10) DOLLARS and other valuable considerations received to" its full satisfaction of ROGER RANNI d `7E,jFLILL and EVz:LYN G. i }:RILL, both of the Town of East Iiiartford, County of Eartford, State of Connecticut,. does give, grant, bargain, sell and confirm unto the said ROG7r RANKIN !.."FRRILL and 7V7L`_N G. :r-r and unto the survivor of them, and unto such survivor's heirs and assigns forever a certain piece or parcel of land, with the buildings thereon standing, situated in the Town of South Windsor, County of Hartford,, :- State of Connecticut, :mown as Lot No. 12 on a map entitled, "Pint: II PlecsfInt Valley Homes Pleasant Valley Road So. u,rindsor, Conn Scale: 1" - 6uI Jan 1957 Designed B Primus & Vdelti Revision #1 Lots 23, 24, 25, 26, 37, M Fc 29 571/19 8 Revision fr`II Resorving Drainage Ri;~hts On. Lots z 2 to 22, 44, 36, 37, 28 & 29", whicn man iy on file in the Town Clerk ' s Office in said Town of .South rindsor, to which reference .:.a-,- be 'nad. M= MXX Y'.xXxxx� yxy "3�ot XKa JNXLMYVxffi Xx nmxxX S -id nre,n;ses are subject to building, building line and zon n,r restrictions &nd to restrictive covencHnts, easements and &Preements a,3 of record apr,eRr. Said re;:ises are sub•!ect to taxes on South Windsor . 'own I-Ist of October 1, 1�58, viaich taxes the Gr&ntees herein assure and alTree to pa77 as part consideration for this deed. The grantor reserves to itself, its successors end ass;,ns drainar-e ri^•hts over said premiseU as shown on said man for the purpose of installing:, repairing and replacing a drainage system. :t f, , may, :" � tt ��!� I ,,-, s} • �� r i rr} {� r•;,/.. ".. S v d I�iY2,r�t, #' (,r t--; Y.. r •'. .:i E � t