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HomeMy WebLinkAboutOak Street PW Street File (2) MEMORANDUM May 25, 1976 To: G. Ted Ellis Acting Town Manager Re: Oak Street Fencing The Bureau of Engineering has staked the property lines for the proposed Oak Street chain--link fencing project for the Recreation Department. The survey reveals that three (3) large trees must be cut down in order to install the fencing on the property line. In order to comply with the requirements of the Town Charter, Mr. Snow should request the Town Tree Warden to post the trees as required before they are removed. I would appreciate your informing the Department of Public Works of actions to be taken in coordinating this project with Recreation. Mr. Snow should inform Engineering when the trees are to be removed, and we will let the appropriate contracts. Since this project was under the direction of the Recreation Department from its initiation, we are hesitant to assume responsibility at this late date. Please advise. Allan S:,-'�ro Direct of Public Works ASY:prb 41 Orchard Hill Drive So. Windsor, CT 06074 March 12, 1996 Mr. Michael Gantick Town of South Windsor MAR 1 1540 Sullivan Avenue 4 (1996 So. Windsor, CT 06074 r Dear Mr. Gantick: It is my understanding that you and therefore the Town are of the position that it is not the Town's responsibility to remove and relocate sand and other debris deposited from the street onto a homeowner's private property. Please allow me to present a position which will logically and procedurally suggest that you reconsider yours. Under its public responsibility, It is incumbent upon the Town not to trespass upon private property; nor to deposit any materials on private property; nor to cause damage upon that property; nor to cause inconvenience or expense to the homeowner - whether the Town action is due either to negligence, dereliction, poor judgment, or any other reason by the Town. Just as it shall be the Town's responsibility to repair any damage to sprinklers on a homeowner's private property caused by any of the foregoing actions by the Town, with which you undoubtedly acknowledge and agree, it shall thus be the responsibility of the Town to remove sand and other debris which it deposits or relocates to a homeowner's private property. 3 Furthermore, as there is not any law or ordinance to the contrary, absent said law or ordinance requiring homeowners' to remedy on their own any damage or expense caused by the Town (the transferring of which responsibility to the homeowners would neither ever be passed nor would it be constitutional), under common law it is therefore the responsibility of the Town to remedy that damage, inconvenience, and expense caused and incurred by the Town's actions. In other words, the Town caused the problem so the Town must remedy the ' problem: the sand and debris was not there before the Town's driver removed it and relocated it from the street and clearly put it on my private property, not on the Town's right-of-way. So the Town must restore my private property to its condition before that action without any expense or inconvenience to me. I will make this offer only: when the snow melts I will assess the amount of sand and debris to be removed from my property and the damage to my lawn from that sand. If it is negligible, I will remove the sand. If not, I will notify the Town in writing and shall expect that you will accept the responsibility of the Town and both remove it and restore the lawn. i k I When the sprinkler system is tested in late Spring, I will further notify you as to any necessity for repair of the sprinkler heads on my property; obviously, if the systems is not damaged I will not require repair. I presume you find this position both reasonable and responsible,thus avoiding my necessity to pursue other actions available to me through the Town and other judicial remedies. I will appreciate and expect your concurrence. Sincerely, f Charles A. Regulbuto cc: Ronald Asselin f s i i� 1 i 1 a r { i 5 i a ir-iy-5s' 41 Orchard Hill Drive So . Windsor . CT 06074 November 6 , 1995 Gary K . Tyler Michael J . Gantick , P . E . Chief of Police Director of Public Works 1o1 Dear Chief Tyler and Mr . Gantick : I understand the job you both have to do regarding leaf collection and this correspondence is thus not to berate the Town but merely to clarify my particular situation . While I realize it is a polite , form notice , I object to the notice I found at my home today inferring that " leaves from my property have been placed into the street" . Please be advised that this year and for the past thirty years I have been removing leaves from my property, as well as from the Town ' s property - which Town ' s property consists of the sidewalk and the strip of grass between the sidewalk and the street , which I maintain - placing them in my woods . (Further , in some cases in the past , including last year , I have had a private leaf removal service come and remove leaves from both my property and from that Town ' s property , rather than wait for the Town ' s leaf collection - at my expense . Accordingly , I ' ll stop that free service. ) Additionally , I have taken it upon myself to rake leaves to the curb which do wind up in the street on my side of the street , so as to remove them from the driving surface and as safety hazards to cars . In fact , one of the Town ' s police officers happened to drive by on Oct . 21 and observed me doing that very thing , an obviously beneficial , voluntary action . I ' ll stop doing this and instead notify the Town of any safety hazard on its street property in the future . However , I do not now, nor do I intend to , either remove leaves which blow from other properties driven by wind or cars and winding up on the street , or to "relocate" those leaves from the street onto My property . While I would like to be helpful , what is on the street of its own accord is not my responsibility , irrespective of my prior voluntary raking to the curb . Again , I realize and appreciate the jobs you both have to do and acknowledge that leaf removal is a big , costly, time consuming , and little appreciated service - although I have personally called the Town on three occasions in the past to express my thanks for a good clean job . I realize that there are likely many others violating the ordinance, but I 'm not . I appreciate your understanding . Thank you for the service . Sincerely , Charles A. Regulbuto 41 Orchard Hill Drive. Windsor , CT 06074--:- Apr i 1 23, 1993 11 Mr . Michael J . Gantick , P . E. " APR Z16 1993 Director of Public Works - Town of South Windsor ? : South Windsor , CT 06074 d� Dear Mr . Gantick : Thank you for your letter of April 19 and for your consideration of our claim for repairs of the damages to our lawn sprinkler system by the Town ' s snow plows . Regrettably , we find your position that the Town is not liable for that damage both inappropriate and unacceptable. 1 . The sprinkler system has been installed and operational for about 10 years; after 7 years the question of lack of approval for installation by the contractor within the right of way is moot , and the installation and use of that system is now appropriate within that right of way; 2 . The lawn area in the Town ' s right of way between the sidewalk and the curb was improved without a requirement for approval by the Town . 3 . The sprinkler system was installed to maintain the Town' s grass strip between the sidewalk and the curb; the Town does not maintain that strip but requires that it be maintained; therefore, it follows that the Town should repair damage to areas for which it requires maintenance, as well as damage it causes to any property in any event ; 4 . The Town has established a precedent by consistently repairing the damage to this lawn area caused by snow plows in the past by replacing the soil and seed. This has happened several times in the past , including those years during which the sprinkler system has been installed , and in the exact same area in which the system is located . However , this time the plows cut deeper into the soil and thus damaged the three heads . Therefore , by virtue of the Town repairing damage to the soil in that area, it follows the Town should repair the damage it causes at a deeper level , with its responsi- bility not stopping at the height of the sprinkler heads , which were recessed into the soil at what was presumably a safe height to protect against damage in normal circumstances . This has not happened previously in 10 years; therefore, the deep gouge into the soil by the plow well beyond the curb into the lawn area was irresponsible on the part of the driver . r� 5 . I have a fence at my second home in Westbrook which is installed right on the street at the edge of the property line and in the Town ' s right of way. That fence was damaged by snow plows this winter as well , and the Town immediately restored it , not only replacing the vertical posts which it damaged, but the horizontal posts as well , which wasn ' t actually required. Their position was that they were responsible to restore the aesthetics by replacing both vertical and horizontal wood so as to assure a matching appearance. This , too , established municipal responsibility prece- dence; if a small town like Westbrook assumes its rightful responsibility, South Windsor should do so as well . 6 . Finally, in view of current personal economic circum- stances , the Town ' s position not to accept rightful responsibility for the repair of the damage it caused would impose both an unexpected and unfair financial burden upon me, unless the Town reduces my taxes by the amount(s) required to correct this inequity, which in addition to the repairs will be added the costs of water to maintain and to sprinkle the area in the entire right of way for the twenty six years in which I have resided here. Be assured , then , that I cannot accept the Town ' s present position and allow it to go unrectified and that I would otherwise pursue all recourse in pursuit of my claim. Therefore, in light of the foregoing circumstances , I presume the Town will expeditiously reconsider and authorize me to have those heads replaced and the pipe repaired as soon as possible and so that the sprinkler system can be made operational . Accordingly , I will agree to arrange to have the line of the system in that area moved further back from the curb if mechanically possible without cost to the Town . Additionally , I expect the soil and seed in the damaged area to be replaced without delay by the Town . Thank you for your cooperation . Very truly yours, Charles A. Regulbuto 41 Orchard Hill Drive So. Windsor , CT 06074 April 26, 1993 Mr . Michael J . Gantick , P . E . Director of Public Works Town of South Windsor South Windsor , CT 06074 Dear Mr . Gantick: This is to supplement my letter to you of April 23 regarding the damage to my lawn sprinkler system by the Town ' s snow plows . Please be advised that I have since contacted the contractor , Allied Sprinkler , who indicated that they had contacted the Town at the time of installation for approval within the right of way and whomever they spoke with at the Town said, "Go ahead, no problem, it ' s done all the time" . Very truly yours , Charles A. Regulbuto v i R 2i 1 99 , -� N[I MARTIN L.ZIMMERMAN 45 POND LANE --- SO.WINDSOR,CONN.06074 February 2, 1977 Mr. Allen Young i Director of public Works Town of South Windsor 1540 Sullivan Ave. South Windsor, Conn. 0607 Dear Mr. Young: On Wednesday, Janu4ry 26th my wife took my car and was driving on Orchard Hill Drive when she had a blow-out on the right front tire. She called me to change the tire. As I started to change it, I I notived that the hub cap was missing and that the rim was bent. There was a ,young man that had helped my wife and had let her use his telephone. He found the hub cap a few houses back and then show- ed us a large piece of curbing that was in the road and figured that was what caused the blow-out. To make things worse the Jack slipped and zzzy hand was wedged against the grill. I was taken to the hospital and had to have stitches in my left hand. I phoned the Town Manager's Office last week and they referred me to yours. I feel that the problem was caused by a snow plow chipping a piece of curb off and it ended up in the street. Therefore, I feel that the town should be resoons�ble for the damages. Your secretary said that you probably would not be-respon- sible for the hospital, but that I should submit the bills for the car. I would appreciate your attention on this matter. Sincerely yours, OUAN. NUMBER DESCRIPTION PRICE NAME _ / CUSTOMER OPERATION LABOR PARTS & ACCESSORIES �;�/�1 Z � !/ rGJ �/J REPAIR ORDER Change ADDRESS YEAR DA7E Engine Oil ❑ Replace Oil CGY. .-) / Filter Cart. ❑ ! �t MAKE RE 'D 91ME PROM ❑ / C .. A. Lubricate !11.�/�J !� ...,P.M. PO v PHONE PHO E'WHEN OUST.ORDER NO. ODEL WRPTTEN BY READ Service DY / Air Cleaner El YES❑ NO❑ /� `~. l/ afety ❑ NO- LICENSE NO. --MILEAGE H ERMS Inspection CAH"� CHARGE Tune Motor ❑ I hereby authorize the repair work to be done along with the necessary material,and hereby grant you and/or NOT RESPONSIBLE '• your employees permission to operate the vehicle herein dsscribed on streets,highways or elsewhere for the - FOR LOSS OR DAM- Rotate Tires ❑ purpose of testing and/or inspection.An..press mechanic's lien is hereby acknowledged on above vehicle to AGE TO VEHICLE - - - secure the amount of repairs thereto.Dealer not responsible for unavoilahilit f y par p- ❑ y o parts or delo s in is ship. Balance ments beyond dealers control. S LEFT NR VEHICLE EIN CASE Wheels __...._ - - x � _. OF FIRE, THEFT Align OR ANY OTHER Front End ❑ OppR' 1 N S T R U C T 1 O N S: CAUSE BEYOND OUR Repack W.B. ' CONTROL. Fr.ElRr.❑ ❑ art. 0 ' d 0 r R.D. 4084 CNOT. gIGE• SERVICE - . ......... .., NO. ADVISOR TOTAL PARTS & ACCESSORIES WE RECOMMEND THE DESCRIPTION SALE FOLLOWING REPAIRS P.O.NO. SUBLET WORK - _. .._. .. ... 1 CHORCHES MECH. LABOR NON-AUTO Z r MOTORS , INC. SUBLET WORK 3 GAS,OIL & LUB. TOTAL SUBLET WORK 80 OAKLAND STREET LABOR-BODY&PAINT 4 MANCHESTER CONN. 06040 BODY&PAINT,SUBLET GAS OIL 6 LUBRICANTS r SHOP MATERIALS GALS. GAS @ TELEPHONE: 643-2791 & _ 5 PARTS&ACCESS.MECH. :• 0 Z PARTS ACCESSORIES, QTS. OIL @ BODY & PAINT 6 *; LBS.LUBRICANTS @ Dndge DOd L' TAX TryCHARGE SALES TOTAL GAS, OIL & LUBRICANTS $ . SALES - SERVICE - PARTS CASH SALES CUST.SERV.DEPOSITS uel� e v e� r+eK COST Gt1 OUAN. NUMBER DESCRIPTION PRICE NAME ^� 0 8 Pi& ACC ESSORf ES I CUSTOMER OPERATION LABOa DDR C—i o ,-` REPAIR ORDER Change YE P DATE Engine Oil ❑ '� p I C �. / '73 / FiltercCoOrt.l ❑ MA REC D TIME PROM wO .lNj o�. �( J� A.M. Lubricate ❑ PHONE 00� PHONE H CUST.ORDER NO. 0 P.M Service READY W ITT Ai Cleaner ❑ YES❑ NO Q' ofe- SER LICENSE NO. MILEAGEty ❑ S TERMS Inspection A CM G Tune Motor ❑ c your employees `i--t work re b<don along whlh dhe n<ces sery moredal,and hereby gran,yea end/or NOT RESPONSIBLE permission to inspecPerotion. the.ehic6 .h.midkscribed en srrreh,hiyhw ys or el sewhen for the Rotate Purpose of testing and/or inspection.An express mecheniie'a lien is herby acknowledged on oboes.ehicle to FOR LOSS OR DAM- Tires ❑ } secure the amount of r<poi,s thereto.Dealer no,responsiliAw for uno.eilobility of ports or ddoys in parts ship- AGE TO VEHICLE Balance menu beyond d<elers control. OR ARTICLES LEFT ❑ IN VEHICLE IN CASE Wheels .X OF FIRE. THEFT Align - - ONEOR. OR ANY OTHER Front End ❑ �IN:SJR�CT 0 N S: CAUSE BEYOND OUR Repack W.B. CONTROL. Re❑ Rr.❑ ❑ C U. I =. y at ;z a� 0 e 4080KEY R.O. CUST KEY KEY nn p RR _.... N0. N0. :' ❑I AIGE- © J 3 J ❑} SERVICE KEY € TOTAL PARTS & ACCESSORIES ADVISOR © �,�i5 4 WE RECOMMEND THE INTERNAL SALES FOLLOWING REPAIRS COST KEr ACCTNO. SALE KEr SERVICE AND PARTS SALES P.O.N0. SUBLET WORK _ COST KEY ACCT NO. SALE LABaR ❑ _ SUBLET C c ❑ MECH'L �,z;:: a-© 4 5 O[A WORK © J VIA NON�AU TO C 4 J 5I F ' 2 LUBI2 PLAN AS © 81 _ SUBLET SUBL gT- WORK " C 46 - 3 BODY&PAIRIT © L ,6-j� GAS,OIL ' SHOP MATERIALLUBRICANTS © 4 5 TOTAL SUBLET WORK EDDY PAI1T ICI6J LABOR ❑ 4 6 0 4 BODY&PAINT C C GAS.O!L & LUBRICANTS PARTS&ACC. © A 7 [I 1_ GALS. GAS @ `f J � B&PSM5 ©46_ QTS. OIL @ MEC&L CC. Q © ti 4 7 V ! PTS.&ACC `I ❑6a PTS.&PAINT C [ I LBS.LUBRICANTS @ 6 POLICY SERRVICE-NEW VEH. 3 0 4 . + © C fc- POL.&WAR.SERV:USED VEH. 7 + TAX ,- POLICY AMII.-SERV. L} V + S3UROlE HA GE L= IIO . 1+7 TOTAL GAS, OIL & LUBRICANTS ! C SOURCE cAsli - - _ 33 (0) SALES 1 117I: 70TAL i CUST.SERV,DEPOSITS 2' js O � C 7-own 4�p Sot,& Vzeul'Aot 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 CODE 203 644-2511 SOR,�o AREA / . Public Works September 16, 1975 Gilman and Marks Attorneys for Mechanics Savings Bank 1 American Row Hartford, Connecticut Gentlemen: Re: Joseph and Aline Wankow With regard to the purchase of Lot 12, Orchard Hill Drive, by Mr. and Mrs. Wankow, I certify to the following 1. That portion of the roadway, curbing, sidewalk, grading, topsoiling, and seeding (exclusive of the three-inch (3") pavement previously installed by the Town of South Windsor) in front of said Lot 12 Orchard Hill Drive, is bonded by acceptable Surety for completion of said road improvements; 2. There will be no assessment against the purchasers of said Lot 12 (Joseph and Aline Wankow) for such original road improvements. Very truly yours, TO F SOUTi WINDSQR 1 1 W. 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