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HomeMy WebLinkAboutMisc Correspondence 461 Miller Road MEMORANDUM To: Barry Guliano, Town Attorney From: Robert Deptula, Environmental Health Officer Date: July 25, 2002 Re: 461 Miller Road Beverly Paganelli said it was okay to let the Martel's view the section of the tape that pertains to them only. Do not show them other sections. Do not give them a copy of the tape. An RD/cm d4tA Mop pp a A� _ 3 sL �s- u t �:l' ?'✓>'^ �6R��SY '�Fx� �t � Y 1.. A h...2 'l {.� .: i Yk �I, Ig i ; kw a k 7 Y f ± Patricia Martel 461 Miller Road South Windsor, Connecticut 06074 860.644.7230 December 17, 2001 Bob Deptula Town Sanitarian South Windsor Town Hall 1540 Sullivan Ave. South Windsor, CT 06074 Dear Mr. Deptula: Enclosed please find a copy of my letter to Matthew Galligan documenting the damage to my property at 461 Miller Road. Please review all of this information for your records. I would appreciate it if you would contact me as soon as possible. Sincerely, Patricia Martel A � Patricia Martel 461 Miller Road South Windsor, Connecticut 06074 860.644.7230 December 17, 2001 Matthew B. Galligan Town Manager South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Dear Mr. Galligan: I apologize for writing such a lengthy letter, but I feel the need to document all of the damage that has happened to my home over the past few weeks. I should start by saying that on August 30, 2001 a public hearing was held regarding the installation of water lines in the Miller Road area to supply potable water to the homes affected by TCE. All of the residents who attended that meeting were assured that their property would be left in"the same or better condition"after the installation of the water pipes. Please keep this in mind as you read this letter. On December 6, my property suffered quite a bit of damage. I was home sick that day and was trying to rest when Paganelli Construction began putting a "T" in the road directly in front of my house. They started on the opposite side of the street. During the morning hours as their machinery dug up the road, my house began to vibrate. Two small cactus plants fell off of my kitchen window and their ceramic pots shattered in the sink. A crystal suncatcher also fell and broke. These were insignificant things and I simply threw them away. Later that afternoon, the construction began on my side of the street. I could not see what was going on outside but I could feel my house vibrating severely. It felt like an earthquake. Some of my wooden spoons fell off of the wall in the hallway; they did not break. A picture fell off of the wall in the family room and the glass in the frame shattered. Again, these things were insignificant. Some time around 3:00 that afternoon, the construction crew parked a very large piece of machinery on my front lawn approximately ten feet from my front door. I was on the telephone with my boss when they began to "pack" thee'-the, oad with this machine. My house was vibrating so violently that my boss could hea e`veryt ng rattling through the telephone! During this episode I lost a crystal butterfly that was on my dresser and a collector's plate in the living room. Both of these things had sentimental value and I was upset that they had fallen and broken. The vibrations became worse to the point where I became afraid that there would be damage to my house. At this point I ran outside to try to get the attention of the man operating the machine. Bob Deptula, the Town Sanitarian, happened to be watching the progress of the work. I showed him the remains of the shattered plate and told him that the vibrations were frightening me; I was concerned about my house. Mr. Deptula said that unfortunately the construction company had to finish"packing"the road and there was nothing he could do to stop them. He also told me he would send someone over the next day to speak to me about my broken plate. I went back inside my house and tried to make sure there was nothing else of value that would be broken from the vibrations while I tried to calm down my pet parrot who was so upset she was thrashing about in her cage. Finally, the work was finished and I went back upstairs to lie down. When my husband came home an hour later he pulled up in front of the garage on the side of the house and noticed that there was a big stone in the driveway, and the rock retaining wall that runs along the driveway into the garage was bowed. You can see the hole in the wall where the stone was jarred loose. The wall was bulging to the point that it was now reaching the entrance to the garage. I told my husband what had happened and he immediately walked through the house to make sure there was no other damage. Unfortunately, there was a crack in the foundation behind the front ste s close to where the machine had been placed on our front lawn. The rock wall in the riveway Toored like it was on the verge of collapsing so my husband pulled my car out of the garage so that it would not become boxed in if the retaining wall came down. My husband then spoke to Mr. Deptula about this damage over the telephone. The next day (Friday, December 7), I waited for someone to come and talk to me about what had happened but nobody came. (On Sunday, December 9, it snowed.) Nobody came to speak to me on the following Monday either. On Tuesday, December 11, a gentleman from Paganelli construction came to my door to ask if I would be home on Wednesday so that they could install the water line to my house. I agreed. He asked me if anyone had come to speak to me about my plate and I said I wasn't concerned about my plate, I was concerned about my rock wall and my foundation. He replied that he "didn't know nuthin about that"and walked away. On Wednesday, December 12, Paganelli Construction began the work to install the water line to my house. There was a group of men talking in front of my house, and one of the men came to the door to talk to me about the damage. I assumed that this gentleman was employed by Paganelli as he was wearing construction gear. I showed him the rock wall that was bulging and expressed my concerns that I could no longer use my garage. He told me that the wall was not going to fall, and to prove his point, he climbed up onto the wall and began to jump up and down. I was standing in the driveway at that time and saw the rocks begin to shift. I ran into the garage yelling for him to stop because the wall was moving. By the time he climbed down the wall had bulged approximately three inches past the entrance to the garage. His exact words to me were that, "Due to the fragile nature of the wall I can see how the vibrations would cause it to shift." He then stood in the driveway and kicked the wall with his boot to try and push it back to where it was before he jumped on it. (On the following pages I have photographs that I took on December 12 of the bulge in the wall before the man jumped on it and after he jumped on it.) The gentleman also looked at the crack in the foundation. (I was not able to take pictures of this since my camera does not have a flash.) The man told me he had to go and get his camera and would come back that afternoon to take photographs of the damage. I forgot to ask him for his business card and did not know his name. Later that afternoon, Allen Simmons, the Safety Officer for Paganelli Construction, came to my house with a camera. I told him that someone had already been here and reiterated all that was said. Mr. Simmons said that nobody from Paganelli had been to my house and we were trying to figure out who had spoken to me earlier. Later that afternoon after numerous phone calls, I learned that the man who had jumped up and down on the rock wall was an engineer named Jim Kane from Fuss & O'Neill, the engineering firm in charge of the project. Mr. Simmons examined the rock wall and told me that the damage was due to the snow that was melting behind the rocks. He said it was water damage. I tried over and over to explain to him that the snow R had fallen four days after the damage but he refused to acknowledge my argument. I also told him that the rock wall had been standing in perfect condition for approximately thirty years without a problem until the day our property was affected by the vibrations. Once again, he did not acknowledge what I was saying. After having one of the top three driest seasons on record, I was told repeatedly that the wall was damaged due to water behind the rocks and to the melting snow which hadn't even been there when the damage occurred. In fact, I could not even remember the last time it had rained before the damage took place. Mr. Simmons insisted on arguing that the drain pipe on the corner of the house was causing all of the melted snow to go into the rock wall and cause damage. He also pointed out that there was a small bulge in the rock wall opposite the one we were looking at that runs along the front side of the house. It was only a small bulge up close to the house, and to be honest, we had not noticed it before since it is behind the little "platform" that holds our trashcans. I am glad he pointed out this damage to me since that front wall was also perfectly straight before the vibrations, but once again Mr. Simmons said that the bulge there was due to water damage. He took some photos of the walls, and then went into the basement to look at the crack in the foundation. Once again, Mr. Simmons told me that the crack in the foundation was due to water damage and that this particular section of wall had been repaired before. He said it was probably an old crack. I told him that the crack had not existed before the day of the vibrations and I tried to explain to him that our house was not built on this foundation—it was moved here in 1965 from a different location. The patch on the wall that we were looking at was where the supporting beam would have been when they moved the house. It wasn't "repaired" as he claimed but filled in after the house was put on the foundation. Mr. Simmons took photographs of the crack in the foundation. Before he left I asked him what would happen next. He said that he would submit his photographs to his insurance company, but any resolution would take between six months to a year. I asked him if Paganelli Construction would supply a temporary shelter for my car for the winter since I have now lost use of my garage but, of course,he said no. Next, I contacted Jim Kane on his cell phone. The man who had told me earlier that morning that"Due to the fragile nature of the wall I can see how the vibrations would cause it to shift" was now telling me something totally different. He had apparently been speaking to Mr. Simmons because he basically repeated everything Mr. Simmons had said about water damage word for word. We were on the phone for quite some time talking about this and he told me that I should not worry about parking my car in the garage during the winter. He told me that if the rock wall were to fall while my car was in the garage, I could simply pick up the rocks and move them out of the way. That was totally absurd; I do not think I could lift a single one of those fieldstones if I tried, never mind move an eight foot section of fallen stones. I also asked him what we should do if the rock wall collapsed and—since it is a retaining wall—the dirt and bushes behind it fell into our driveway causing damage not only to the driveway and garage door but to the footings of our deck. And what will happen to the pine tree that is behind all of this—will it come down on our house as well? If any of this happens we will have a very big mess on our hands. Mr. Kane had no answer. Mr. Kane also refused to acknowledge that his jumping on the wall "twice" (he actually jumped up and down five or six times)had caused any further damage and we argued about this for a while before he told me that he would come to my house the following day"with a hammer"and fix the wall (another absurd statement), and then told me that his cell phone battery was low and he was signing off. Of course, Mr. Kane did not show up the following day to repair the rock wall. One strike of his hammer and I think the entire thing would come crashing down. That night I contacted my homeowner's insurance to file a claim. On Thursday, December 13, Steve Allen from Nationwide Insurance came to look at our house. Upon examining the rock wall he told me that there was no way that water damage could have made it bulge because there had been no rain for at least three months prior to the damage. He said that the vibrations from the machinery had caused a lot of shifting because our yard consists of stony soil which would conduct the vibrations from the machinery to a greater extent than if my house were on clay or sandy soil (which would have absorbed the vibrations). The vibrations were also amplified by the metal "feet" on which the machine stood while it was packing(there is a photograph of these feet taken on December 13 in the following pages.) He said that this shifting is what had caused the rock wall to shift. Mr. Allen also examined the crack in the foundation. He said that it was not an old crack—it was very obviously a fresh crack. The crack was at the seam where they filled in the section where the supporting beam had been 36 years ago and that this was a weak spot. Once again he told me that shifting soil due to the vibrations would have caused the crack. Mr. Allen took photographs of all the damage but since we do not have "earthquake" insurance the damage would not be covered under our policy. Any vibrations, whether due to an earthquake or a piece of machinery would fall under this category. Next I contacted the Town Hall to see if I could obtain any information on the performance bond that Paganelli construction had filed and the insurance company that had signed the bond. I was told by Joe Perno that the town would not release a bond until all issues were resolved. He said that I needed to speak to Mr. Deptula for the specific bond information. Unfortunately, Mr. Deptula did not have that information handy and told me that Mike Anderson from Fuss & O'Neill would contact me. Of course, I am still waiting for his phone call. On Thursday, I also contacted Paganelli Construction to obtain their insurance information. I spoke with Beverly Paganelli. She would not give me any of the information that I asked for. I explained to her that this issue can not wait due to all of the other damage that would occur if the retaining wall came down, and she assured me that she would have somebody from her insurance company contact me right away to rectify these issues as soon as possible. Nobody has contacted me. I feel that I have been very patient with this issue but my patience is running thin. I guess nobody really cares about the damage that has happened, the damage that may occur if the retaining wall is not repaired in a timely manner, or the fact that I no longer have access to my garage for the winter. I get the impression that some of these people think they can talk condescendingly to me like I am an ignorant child and I will simply accept what they say. And I think they believe if they just say "no" to me I will forget the issue and just go away. That is not going to happen. I am not going to "go away." It is my hope that this issue is resolved before it becomes a very unpleasant experience for everyone involved. And it is my hope that you can somehow assist me. If you would like to see originals of any of the photographs I have reproduced here, or if you have any questions, please feel free to contact me at the number above. Thank you for taking the time to read about my problems. Sincerely, Patricia Martel cc: Bob Deptula, Town Sanitarian; Mike Anderson, Fuss & O'Neill; Beverly Paganelli, Paganelli Construction , 4 v Picture taken December 12 showing how machinery c was supported during packing of ground Fthe wing the bulge wall (bulgingite trim around ggoor after being damaged by vibrations) taken on the morning of December 12. Picture taken on the afternoon of December 12 after Jim Kane jumped up and down on the wall; the bulge is obviously much worse. MEMORANDUM TO: Matthew B. Galligan, Town Manager Barry D. Guliano, Town Attorney FROM: Merlyn Guild DATE: May 2, 2002 RE: Alleged Damages to Martel Property on Miller Road Bob Deptula asked that I provide the following. information because he would be out of the office this afternoon and tomorrow on medical leave. He received a call from Mrs. Martel of Miller Road this morning regarding damages to plates and other items which had fallen off her window sill, as well as damages to a stone.-wall, which she said occurred as a result of work done by Paganelli Construction. Bob indicated that the Town had received a certified letter to this effect. Mrs. Martel told Bob that Paganelli's insurance company had offered to settle with them for one-half of the damages, but she was not happy with this. She wanted to know who she could talk with regarding this issue. Bob said he told her that he believed it would be between her and the insurance company, at which time she raised the issue of the easement and said she felt the Town should be liable. Bob said that he was told by a supervisor from Paganelli Construction that Paganelli's insurance company was going to sue the Martels for a false claim because Paganelli had a pre-construction video of the Martel's property showing that the damages were the same before construction started. Bob indicated that Mrs. Martel was probably unaware of this. He also stated that Mr. Martel was going to call Channel 3. Bob wanted you both to be aware that Mrs. Martel would be calling. Within minutes of Bob providing'the above information, Mrs. Martel called and left a message for Barry. cc: Bob Deptula tow" a eti ~ � S n 10 �• � � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 soR CO TELEPHONE (860) 644-2511 August 3, 2001 CERTIFIED MAIL 7099 3400 0005 5715 8384 Patricia and Wayne P. Martel 461 Miller Road South Windsor, CT 06074 Dear Patricia and Wayne P. Martel: Enclosed for your signature is a Temporary Construction Easement to allow the Town to enter onto your property to conduct all necessary activities to connect your structure to public water. All property owners must sign this document on the proper line and each signature must be witnessed by two people who must sign on the line provided and print their name below it. The signatures must also be notarized. Perhaps it would be best to bring the document to a notary for signing and witnessing. For your convenience you may have them notarized in the Town Clerk's office on the first floor of the Town Hall. The DEP has indicated that if a water supply well is contaminated above the state action level, which is 5 parts per billion for trichlorethylene (TCE) or an exceedance of TCE in the water supply is imminent (greater than 2.5 parts per billion), the water supply well must be abandoned in order for your water connection to be paid for under the DEP potable water grant. Finally, if your well is not contaminated or below 2.5 parts per billion for TCE and you wish to keep it for non-domestic use you must adhere to all applicable Connecticut Water Company and State Health Department Regulations and/or guidelines. Y Resident Letter Temporary Construction Easement August 3, 2001 If you have any questions, please call me at 644-2511, extension 248 or Michael Anderson at Fuss & O'Neill at 646-2469 extension 5273. Yours truly, Robert Deptula, R.S. Environmental Health Officer RD/cm Cc: Mr. Bill Warzecha Mr. Dan Lesnieski Bureau of Water Management Manager. of Regional Operations CT DEP Connecticut Water Company 79 Elm Street 93 W. Main Street Hartford, CT 06106-5727 Clinton, CT 06413-1600 Mr. Cliff McClellan Mr. Michael Cunningham Water Supply Section Assistant Region Manager of Operations State Health Department 25 North Road P 0 Box 340308, East Windsor, CT 06088 410 Capitol Ave. MS 51UAT Hartford, CT 06134 Michael Anderson Fuss & O'Neill 146 Hartford Road Manchester, CT 06040-5921 VOL. 12 5 5 PAGE 73 TEMPORARY CONSTRUCTION EASEMENT 6 1_ 8 Know all men by these presents, that for valuable consideration received from the Town of South Windsor, Connecticut (hereinafter Grantee), receipt of which is hereby acknowledged by Grantor(s) herein, the undersigned Grantor(s) hereby grant to said Town, its agents, employees and assigns, a Temporary Construction Easement upon the entire property located at 461 Miller Road in said Town in which the undersigned Grantor(s) have an interest as described in a deed recorded in Volume 944 , Page 266 of the Land Records of said Town. Said Temporary Construction Easement hereby granted is for the purpose of permitting the Grantee, its agents, employees and assigns, to provide said property with a public water supply. The Grantor(s) grant to Grantee, its agents, employees and assigns, for the above-described purpose, the right: 1. To install service connection from public water main in street to house or structure on the above described property; 2. To enter house or structure on said property to install plumbing, valves, and other items associated with changeover from private well water supply to public water supply; 3. To enter upon said property to abandon the well thereon pursuant to regulations of the Department of Consumer Protection; 4. To enter upon said property and to drive vehicles and construction equipment on and across same; 5. To excavate in, or to disturb the surface of, said property; 6. To store and stockpile surplus or excavated material on said property during construction; 7. The right to do all other acts upon said property necessary for the efficient completion of the purposes stated herein. CONVEYANCE TAX RECEIVED STATE$ - LOCAL$ No. TOWN CLERK OF SOUTH WINDSOR VOL. 1255PAGE 74 The Grantee, for itself, its successors and assigns, covenants and agrees with the Grantor(s), their heirs and assigns: 1. To indemnify and save Grantor(s), their heirs and assigns, harmless from any and all damage to property or person caused by the exercise of any of the rights granted hereunder, or by any negligent act or omission of it or any of its agents, servants and/or employees in the course of their employment; 2. To restore the property to as nearly its present condition as possible commensurate with the above provided uses; 3. All rights granted to Grantee hereunder shall be temporary and shall terminate one year after completion of construction. Signed and sealed at South Windsor, State of Connecticut, this `7 day of A in , 2001. atricia Martel L yc v_s c rtikv� „ Wayne P. Nartel VOL. 12 5 5 PAGE 7 5 STATE OF CONNECTICUT ) ) ss. South Windsor, CT. n '� , 2001 COUNTY OF HARTFORD ) A c (i A. h'I Gr W Personally appeared who signed the foregoing instrument and acknowledged his/her signatures to be his/her free act and deed before me, Notary Public My Commission Expires: -_3�-os KRISTIN S. NORTON NOTARY PUBLIC MY COMMISSION EXPIRES MAY 31,2005 S:\Town Sanitarian\Deptula 2001\water labels datal.doc VOL. 12 5 5 PAGE 76 STATE OF CONNECTICUT ) ! ) ss. South Windsor, CT. 6 A�q z2— , 2001 COUNTY OF HARTFORD ) As to the covenants and agreements of the Town of South Windsor. Town of South Windsor G By l'vbr--^f Matthew B. Galligan Town Manager Matthew B. Galligan, South Windsor Town Manager personally appeared who signed, the foregoing instrument and acknowledged his signature to be his free act and-:de- and the free act and deed of said Town of South Windsor, before me N tary Public y Commission Expires: 3 l RECEIVED FOR RECa DATE IL:��TIME M. TOWN CLERK, SOUTH WINDSOR. CT �3s�5--��d- MILLER RIB,BARBER HILT RU AND FOSTER ST. EXT. WATER SERVICE REQUEST 4 Please complete rind return in the attached no; a$e p idt�eny�inne,by�'ep�berl.7 2001 Please indicate your preference below: I request to have a water service installed and my private well abandoned at no cost td-Myself,P. , . .. .�. I request to have a water service installed at no cast to myself I will retain my private well at my own cast. I request no water service installation at my property. Any cost for water service and well abandonment in the future will be my responsibility, Name: _i , _ �` 1 Ct� `1 rA,L Address: 441 n-A or C'T Telephoner Signed: •� S d AMUdW03 MUM if10I103FJW00 WRVS:60 I0 r LZ d3S �towN Tvwn alesio� ?1)&U/40t 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 AREA CODE 860/ 644-2511 R•Co February 23, 2001 Patricia and Wayne P. Martel 461 Miller Road South Windsor, CT 06074 Dear Patricia and Wayne P. Martel, As you are aware, the Town has contracted with the consulting firm Fuss & O'Neill for services regarding the ground water contamination in your area. Individual(s) from that firm will be collecting well water samples for analysis within the next several weeks. Collection times may be early mornings, normal working hours, or evenings. The personnel involved will be in possession of a copy of this.letter, company business cards, and a company vehicle. If you have any questions please call me at (860) 644-2511 ext. 248. Yours truly, Robert Deptula, R. . Environmental Health Officer RD/cm cc: Michael S. Anderson P.E. Fuss & O'Neill Inc. 146 Hartford Road Manchester, CT 06074 4041 N "44 C 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 AREA CODE 860 / 644-2511 SOR•co August 9, 2001 CERTIFIED MAIL Z 419 177 156 Patricia and Wayne P. Martel 461 Miller Road South Windsor, CT 06074 Dear Patricia and Wayne P. Martel: This correspondence is to inform you of an informational meeting regarding the water line extension and connection to-public water in your area. Thursday, August 30, 2001 Town Hall, Town Council Chambers at 7:00 PM This will be an opportunity to address any questions or concerns that you might have. If you have any questions, please call me at 644-2511, extension 248. Yours truly, Robert Deptula, R.S. Environmental Health Officer RD/cm WATER SERVICE LOCATION FORM Y sez coa-&CA- l6+ 109) House No. y /VI-Lt5--R R!� J6ZO aVT— D �`=4v5� <V 7-To ftvA of 0.fdCn Olt W'.0 heed iv g° `r,,m tqN �P ('OxllnG�'�lI �z hex 9 , Skanc wual, " "� �2dc�e. \ wt)kvC 'G��Ce D VITS eA—vt 04 c?Y I�►c bvshe s �n`1ht tied e dwarf box wood c-4,8 W WAL r Proposed Water Main Street: l'1 L LLR R D Name: Address: (.0 t rn,�� ,� R� 1 Phone number where you can be reached: ���-�1 Z30 �h, , 2,�0-- 54H 0 30q (,fat 0 Date: �3 C) work Signature: ,.., do �... �' FOR .BUILDING PURPOSES ONLY fNffl - a Z!:c NA too 1� AE al {� `� co tie s 3 -�:t--3. ����``AA`.0� •_�� O���n'%/r��� �'+•. .aN :a ry �' '. fS i.����� .. - .. Y�_ 535 07 StiRYE k'R0PERTY aF' + M^ *.o: . (oI ?LEER ROAD ;�IINDSOR, COY` . Scale 1" 50 ' 3une 18, i96 HAYDEN L. GRISWOLh C .L. 011N Sfq<� ' C r ,� c O-P 9 v 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 soe•co AREA CODE 860 / 644-2511 March 2, 2001 Patricia and Wayne P. Martel 461 Miller Road South Windsor, CT 06074 Dear Patricia and Wayne P. Martel, As you are aware, the Town of South Windsor has retained the firm of Fuss & O'Neill to design a water main that will serve your area. The purpose of this correspondence is to request information from you to help with this design. - We would like information from you that will locate where you would like the new water service line to enter your home. The Connecticut Water Company would prefer that the line enter from the front of the home if possible, even if it may require minor plumbing modifications. It is realized that this may not be possible in all situations. In some instances, it is least disruptive to have the water service enter where your well water line presently enters your home. Please remember that your home will be connected to public water only if you abandon your well, and that the cost of water usage is your responsibility. Also, please remember that due to conditions or circumstances, the service line may not be able to be installed in your first choice area. If you have any questions regarding this correspondence, please contact me at (860) 644-2511 extension 248. Tom DeSantos or Michael Anderson from Fuss & O'Neill may also be contacted at (860) 646-2469. Yours truly, Robert Deptula, R.S. Environmental Health Officer RD/cm cc: Tom DeSantos Fuss & O'Neill, Inc. 146 Hartford Road Manchester, CT 06040