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HomeMy WebLinkAbout420 John Fitch Boulevard J D Carey, LLC A Peter Jay Alter, LLC . ATTORNEY AT LAW Peter Jay Alter qox Hebron Avenue palrer@pjallc.com P.O.Box 1S30 Gail S.Shaul s Glastonbury,CT OF COUNSEL y - 06033 gshaulys@pjallc.com 860.652.4020 telephone. 86o.652.4021 facsimile March.6,20I0 Ms.Michele Lipe Assistant Director of Planning,Town of South Windsor. South Windsor Town Hall i 540 Sullivan Avenue South.Windsor,.CT 06074 Via' -mail only: . michele.lipeftuthwindsor.org e Reference: J.D.Carey,LLC 420 John Fitch Boulevard Dear.Michele: This is to advise you and the town staff that following the meeting we held at the South Windsor Town Hall regarding conditions at the above-referenced property, I had several extensive,conversations with Mr.Carey. In addition,I.made an additional site.visit to the property to better understand the scope of the work.that is required.to address the town's well-articulated concerns. At out meeting we discussed a'number of issues which I will address in order: A. Freight-Car Propana Tanks located to the rear(north side) of the property: As I suspected, the tanker cars were.apparently there when Mr..Carey's company acquired the property. W. Carey had assumed that the tanks were not:on his company's property. He is now aware that the tanks are on his property and present a significant liability to his company. although Iodated.there without his knowledge or permission.and without consideration to the property.owner: Mr.Carey ; advises me`that the.tanks' owner,.the:adjacent property owner has agreed to empty the tanks as soon as possible, purge the tanks.of all residual propane and then arrange-to have the tanker cars removed. It is likely that removal can only.be.accomplished by cutting up the tanks as scrap metal. B. Health Department.Concerns:' (i) Mr. Carey will provide me with a:schematic diagram showing which buildings are served by Irunning water and:.whieh buildings are connected to the on-site sewage disposal system. He'is also to generally aocate the septic tank on-site based.on prior investigations,that he has undertaken. Once this information is. secured Lwill provide it to the health director for his information and analysis. (ii) The discarded tanks,barrels and other containers on the site will be removed.If there.are any .environmentally sensitive materials in the containers, those materials will be properly manifested and disposed of by Mr. Carey. Once the containers are removed,soil samples will be taken in any areas that may have VA Peter Jay Alter, LLc � ATTORNEY AT LAW Ms.Michele Lipe Assistant Director of Planning,Town of South Windsor March 6,2010 Page 2. been impacted by leakage to determine if any condition that would require remediation exists. (iii) If it is deemed necessary by the environmental consultant that is retained to. conduct the.testing in.(ii) above,then groundwater samples will also be secured and tested to determine if there has been any impact to groundwater. C. Permitting Issues: We have identified that the prior use of the property historically has been as a general contractor and demolition company's operating facility. To the extent that Mr. Carey's tenant(another company controlled by Mr. Carey) operates a like business, we believe that the activities related to that part of his work are already permitted. In addition, however, Mr. Carey seeks to establish a resource recovery facility to recycle building and road materials, including a crushing operation and, he seeks to secure a General Repairer's and Dealer's license as he refurbishes and sells vehicles and equipment. These new activities will require action by the town's commissions. We can discuss the filing of applications and moving forward with the approval process at your convenience. I am aware that I must resolve the encroachment issue with Mr. Dennis Botticello,the owner to the east. He and Mr. Carey have had very brief, non- conclusive discussions with respect to the present encroachment. Mr. Carey runs a many-faceted, dynamic, integrated business including his general contracting, construction and demolition businesses. He acknowledges that the site is in need of a significant amount of work to put it in an appropriate condition to meet the town's requirements and expectations. He has indicated a willingness to work to accomplish the requirements imposed by the town and to provide the information the town has requested. He has assured me that the work can be completed by June 30,2010 and that he will begin to work diligently in performance of that commitment immediately. Mr. Carey has authorized,me to retain GEI Consultants of Glastonbury to assist in the environmental review of the site as soon as the opportunity for investigation is available. Mr. Carey fully understands that the Town is committed to a consistent enforcement of its regulations as it should be. He believes that his companies will be tax-paying,job-providing assets to the community. He has every intention of fulfilling his commitments in being a welcomed citizen and business man in South Windsor. I will continue to work diligently with him to fulfill the commitments he has made and will continue to keep you advised as we progress. By way of clarification,the town has permission for its officials to access the site at reasonable times. While notice would be appreciated,:it is not a prerequisite to coming on the site. Again, Mr. Carey looks forward to a mutually acceptable, long-term beneficial relationship with South Windsor. As always,;please feel free to.contact me with any questions or comments,and to make me aware of additional issues that require action by my client. Thank you. Yours truly, "Ja Cc: Joseph D.Carey