HomeMy WebLinkAbout210 Avery Street (5)n Coll it?5
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February 22, 2003
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Matthew Galligan
Town Manager TOWN OF SOUTH WINDSOR
Town of South Windsor
1540 Sullivan Ave.
South Windsor, CT 06074
Dear Mr. Galligan,
My name is Wilfred Paquette. I own and reside at 220 Avery St. in South
Windsor. The land around my residence has been family owned since 1927. In 1947,
an approximate 3 acre parcel of land was sold to Dr. Ralph Thrall who subsequently
built the home currently located at 200 Avery St. In 1985 , the land was subdivided into
four lots. One lot of approximately 1.5 acres remained at 200 Avery St. Two lots of
approximately 0.45 acres became 110 and 112 Concord Rd. in South Windsor. Another
lot of approximately 0.45 acres was established between 200 and 220 Avery St. and is
now 210 Avery St. The lot at 210 Avery St. was recently sold and a construction of a
home has started. This construction is the reason I am writing you.
The builder has not installed a silt fence along the building lines to protect the
properties at 200 Avery St. and my property at 220 Avery St. The hole for the
foundation of the home was dug out of shale red rock. Because of the limited lot size
and the size of the foundation, the space needed to work on the excavation, to store
material dug for the foundation and to provide egress for equipment was very limited.
As a result, a great deal of excavated material ended up on the abutting properties
where it remains today.
At the time of the footing pour, my wife was in the hospital and I was spending all
my time with her. The builder discovered that there was not enough room for cement
trucks to access the back of the foundation and without my permission, he ordered one
of his workers to cut the limbs from a tree that was_on my property to a height of 12 feet
so that trucks could get through. Needless to say, I was quite disturbed and told him
not to cut any other trees and generally keep off my property.
The foundation has been poured and when the forms were removed, I found that
the height of the foundation is at least one foot higher than my foundation which is only
about 25 feet away. I am in a situation that the final grading around the home being
constructed could allow surface water and gutter run-off to flow onto my property. I
don't know why the new foundation is as high as it is but it is my feeling that since the
foundation excavation was difficult because of the red shale rock, the builder dug the
foundation hole shallower than originally planned. The garage opening also appears to
be at least a foot above the Avery St. level. If the builder had put the top of the
foundation at street level or lower, he would be able to grade down from Avery St. and
from the existing grade at 220 Avery St. and would be able to better blend the grade
from the new foundation with my property grade and minimize water flow onto my
property.
I understand that the Town Engineering and the erosion control officer have
been made aware of the situation at 210 Avery St. because other abutting property
owners have made their concerns known to them. In fact, I believe a stop work order
has been issued to the builder until the silt fences are installed. Thus far, no action has
been taken by the builder. I know silt fences will be a short term solution to run-off but I
am more concerned about the long term for two reasons. First, in 1986-1987, the
Roback family at 116 Concord Rd. had a similar situation occur to them while a home
was being constructed at the abutting 112 Concord Rd. property. Apparently Mr. Ross,
the owner of the property, and his builder did not want to haul out excess material left
from digging the foundation for the home and decided to raise the foundation instead.
Water subsequently flowed repeatedly onto the Roback property. Numerous contacts
with the Town Engineer got many assurances that the matter would be resolved before
a certificate of occupancy was issued. A certificate was eventually issued without any
consultation with the Robacks and no substantial relief was given to them. A small
swale was made from about midway of the Ross dwelling along the front side of the
abutting property but no relief was made to the rear of the property where run-off
protection was more critical. The Robacks had to invest time and money to build a
stone wall and a timber wall to protect their property. I want more assurance than the
threat of nonissuance of a certificate of occupancy that the water run-off will be
contained and dissipated within the 210 Avery property. The threat of a nonissuance of
a certificate of occupancy did not help the Roback family.
Second, in the 1970's, the Corcoran family built a home on a lot on Lawrence Rd
in South Windsor. Later, the Cushman family built a home on a lot next to the
Corcorans. Cushman decided to raise the elevation on his property and after doing so,
water flowed unnaturally from Lawrence Rd. and the Cushman property onto the
Corcoran property. The Corcoran's artesian well was subsequently polluted from the
run-off. When Corcoran appealed to the town manager and council to intercede and
provide some relief from the run-off, a request by the town to Cushman was met with
the answer that no one was going to touch or change his land under threat with a
firearm. I attended a town council meeting when Corcoran made a plea for relief after
hauling and buying drinking water for two years. The town manger's reply was that the
town was not going to get involved in an armed camp situation. This is not the kind of
protection or relief that I want in my current situation.
I wish to point out that I am not going to complain about a little water running
onto my property from time to time. I am concerned about the possibility that my well
could get contaminated by run-off from the 210 property or M ry St. if grading isn't
done properly. I just had my well water tested to establish.c. f rence analysis before
any further construction or movement of material takes places next door. In the event
that water run-off is not properly contained as required by ToWn Engineering and my
well should become unusable because of it, I serve notice that I will seek legal relief
from all involved parties. Therefore as a protection for me and the town, I believe that
Town Engineering should do everything in its power to insure that any natural water
run-off and any man made run-off(gutters) be contained and dissipated within the
boundaries of the 210 Avery St. property. If withholding a certificate of occupancy is
the only enforcement tool available to Engineering, so be it. However, abutting property
owners including those downstream of the 210 Avery property should be given the
chance to review and accept the containment plan before a certificate of occupancy is
issubd. I look forward to working and living with my new neighbors as I have with all
my neighbors but I desire more respect for my property than I have received thus far. I
ask for your help and consideration in this matter.
Sincerely,
Wilfred ette
220 Avery St.
South Windsor, CT 06074