Loading...
HomeMy WebLinkAboutWinchester Mall To: Richard J. Sartor, Town Manager Page 2 Comparison of Buckland Hills projects planned vs. Buckland Hills application to STC. STC Project Application Plan * - 785,000 s. f retail mall - 785 ,000 s.f. retail mall - 120 ,000 s . f. additional retail facilities - 625 seats of restaurant facilities - 200 room hotel - 130 ,000 s . f. office space - 1 ,600 seat movie theater MAB:dlb CC: Ralph Elliot, Esquire Tyler, Cooper & Alcorn * From "Traffic Impact Report Preliminary Plan of Development, Buckland Hills, Town of Manchester, Ct. , for Homart Development Co. , " prepared by Fuss & O'Neill, Inc. `4 r PIERCE . CLAR K lr ST. 7 6 _ $ ST GZ ELER D ',� 4 \ ITEM DESCRIPTION 0 l Wapping Bypass _� O 1 2 Ellington Road PROPOSED WINCHESTER. �Q6 3 5 Corners Upgrade Zj9 MALL 2 3 4 Sullivan Avenue trO R Widening y� G 5 Buckland Road Widening 6 Connector Road 10 (including 5 Pleasant Valley- rl Wheeler Road Connection) BUCK LAN D D� 7 Pleasant: Valley- � S Clark Street /� � DO p. g Smith-Wheeler FIGURE t, a. Cul-De-Sacs b. Upgrade n TRAFFIC IMPACT AREA 9 Neighborhood Wethersfield Connecticut WINCHESTER MALL; Cul-De-Sacs SEA Consultants Inc. Mall Access � � SOUTH WINDSOR 10 I �j ill (Manchester). PROJECT PLAN FOR THE MALL AT BUCKLAND HILLS AND RELATED IMPROVEMENTS MANCHESTER, CONNECTICUT ti z a Municipality: TOWN OF MANCHESTER, CONNECTICUT Development Agency: MANCHESTER ECONOMIC DEVELOPMENT COMMISSION Dated as of DEC. 2, 1986 TABLE OF CONTENTS PAGE I. INTRODUCTION 1 II. EXECUTIVE SUMMARY 2 III. PRESENT CONDITIONS AND USES 7 IV. PRESENT AND PROPOSED ZONING 8 b V. PROPOSED USES 9 VI. PROPOSED IMPROVEMENTS 10 VII. FINANCING PLAN 13 VIII. ADMINISTRATION PLAN 16 IX. RELOCATION PLAN 18 X. APPRAISAL 19 XI. MARKETABILITY 2,0 XII. LEGAL DESCRIPTION 26 XIII. TITLE 28 XIV. FINDINGS 35 -i- 1 4 ATTACHMENTS 1. Present Conditions and Uses Map W 1) 2. Proposed Uses Map 02) 3. Proposed Traffic Improvements Map 03) 4. Proposed Utility Improvements Map 04) 5. Legal Description - Project Area Map (#5) 6. Tax Increment Financing Agreement -ii- I. INTRODUCTION This Project Plan for the Mall at Buckland Hills and related improvements is part of the development of 380 acres in northern Manchester and has been prepared for the Economic Development Commission (EDC) by the Town of Manchester staff. The EDC was designated the "development agency" by the Manchester Board of Directors and charged with the responsibility of preparing this plan along with the issuing of bonds for public improvements. The Project Plan has been prepared in accordance with the requirements of Chapter 132 of the Connecticut General Statutes. It will describe the " physical improvement activities necessary to allow the development of the area; describe the type of development which is expected to occur; and describe the financing mechanisms to pay for the necessary improvements. The plan represents the culmination of a collaborative policy effort among the Board of Directors, Planning and Zoning Commission and Economic Development Commission. The essential policy goal is to secure the growth of a diversified economic base for the Town, create employment opportunities and generate tax revenues. Full development of the Buckland area will also provide new residential opportunities for Manchester. -1- t II. EXECUTIVE SUMMARY There are approximately 380 acres .of mostly vacant land lying north of Interstate 84 between Buckland Street and Deming Street in northern Manchester. Long considered a prime location for development, the western 138 acres has been zoned Comprehensive Urban Development (CUD) since 1977. This zoning district would alljw a mix of commerical, residential and industrial development. In the fall of 1985, the Planning and Zoning Commission (PZC) approved a site development plan for the 138 acre CUD zoned land which proposed the construction of a regional shopping mall and several hundred units of housing. This proposal, by the Homart Development Company (Homart) and Manchester I-84 Associates, was recognized as the catalyst for a much larger mixed use development for all of the land north of 1-84. The Town proposes to enter into a cooperative effort with the developers to secure a high-quality mixed use development. In order to achieve this goal, several actions are necessary. First, because the public utility systems required to allow this type of development are not available on the site, it is necessary to design and construct water, sewer, and road systems which will serve more than the Homart project. Much of this activity will occur on land which has extraordinary natural features, most notably extensive rock outcrops and some large inland wetlands. The extra costs associated with land development, plus the Town's desire to open up nearly three times more land than is required for the mall project, leads to the need for a joint financing/development effort. Some major improvements to state and local roadways are required to accommodate the increased traffic generated by the development of a regional mall, and because the mall is the catalyst for the development of a larger area, public participation in these costs is considered warranted. While site specific planning was under consideration for the mall project, the PZC was in the process of finalizing a new Plan of Development for Manchester. A major planning objective was to designate the Buckland area as a special mixed use district to allow a variety of higher intensity residential, commercial and industrial development -2- governed by flexible perfor.mance standards. This policy objective appears in the Plan of Development adopted in July, 1986, and includes the area which is the subject of this Project Plan. In order to test the feasibility of the mixed use development scenario, the PZC sought and secured funding from the Board of Directors for an area-wide traffic study to determine the limits of the roadway system serving the northern end of Town. The study found that, with some intermediate roadway improvements beyond those required for the Homart project by the State Traffic Commission, the Town's Plan of Development scenario for this area could be substantially achieved. Even though the PZC policy goal was to obtain a mixed use development pattern in the Buckland area governed by flexible development controls, the existing CUD regulations required a fairly rigid proportion of commercial and residential development. The regulations even specified the percentage of various housing types. While similar in concept to the Plan of Development goals, it was felt the regulations did not allow the PZC the discretion necessary to plan a larger area of land under multiple ownership. In September, 1986, the PZC took a major step in meeting the Plan of Development goals by adopting a new CUD regulation which provides more discretion and flexible development standards. It also rezoned land abutting the mall site to CUD, thus creating the legal ability to pursue the mixed use development scenario in the 360 acres in northern Manchester. In August of 1986, the Board of Directors designated the EDC as the "development agency" pursuant to Chapter 132 of the Connecticut General Statutes. The intent of this statute, as stated in its declaration of policy, is to allow municipalities to acquire and improve land areas for industrial and business purposes recognizing that such acquisition and improvement often cannot be accomplished through the ordinary operations of private enterprise at competitive rates of progress and economics of cost. This action gave the EDC the responsibility to prepare a Project Plan for development of the Buckland area and to set forth the financing mechanisms to pay for these improvements. The Project -3- Plan would describe a set of proposed land uses and delineate the public improvements necessary to lead to the development of the land. a In preparing the Project Plan, it is necessary first to distinguish the "development project" from the "Project Area." The development project consists of the various public improvement activities necessary to make land available for development. The Project Area is that land from which incremental real property tax revenues will be dedicated to a special fund to retire the proceeds from a revenue bond issue to pay for the improvements. A. The Development Project The impetus for the Project Plan for Buckland was the approval by the Planning and Zoning Commission of a 750,000 square foot regional shopping mall as proposed by Homart. It is estimated that the mall will generate $1.8 million in real property tax revenues annually and create approximately 1,700 new jobs. Most importantly, the mall will provide the physical presence necessary to generate other development on and around the mall site. Market experience shows that additional retail space, office and service uses occur in close proximity to a regional mall. Due to its location on the interstate highway network and its accessibility to labor ani consumer markets, the Homart parcel and abutting"land is ideally suited for the business and industrial uses contemplated. Market studies project an additional 1,000,000 square feet of retail, office and light industrial development above the mall project, with attendent job and revenue gains, within the next 10 to 15 years. In order to take advantage of this potential, it is necessary to construct new public utilities and mprove existing systems. The development project, therefore, requires the following activities: * Construction of approximately 2 miles of new streets. This includes a four-lane access road on the northerly side of the site running from Buckland Street to Slater Street. Also included is a four-lane access road to the mall on the southerly side of the site. -4- * Construction of approximately 4.5 miles of street improvements including road widening and/or additional turning lanes to Buckland Street, Slater Street, and Deming Street, as required by the State Traffic Commission or the Town of Manchester North End Traffic Study. # The extension of a 12" water main from Deming Street to Buckland Street, including a loop system around the mall site and a new water storage tank. * Construction of new sanitary sewer trunk lines to serve the land between Buckland and Slater Streets, including a pump station and force main necessary to serve a portion of the site until gravity flow can be served by South Windsor. # Improvements to existing traffic signals or installment of new signals at numerous locations on Buckland and Deming Streets, the Tolland Turnpike/Chapel Road intersection, and other locations, if needed. Construction of a sanitary sewer trunk line to serve the land between Slater and Buckland Street. The development project improvements will benefit and serve all of the land from Buckland Street through to Deming Street. This land represents nearly 380 acres of vacant and underutilized land. The Buckland Mall site requires 115 acres for the mall proper and perimeter development. It is estimated the capital costs for these improvements will be $12 million, which together with an estimated $1 million of associated bond issuance costs and other associated project costs results in a total bond issue of $13 million. B. Project Area Given the desire to create the conditions for a large scale mixed use development and the need for public participation in the project, the EDC proposes to utilize the provisions of Chapter 132 and issue revenue bonds to finance the public improvements. Under the act the Town Board of Directors can issue such bonds and repay the debt from the difference between the current taxes generated by the land and the revenues generated after the improvements. This tax "increment" must be deposited in a special -5- 4 fund dedicated solely for bond payments until sufficient funds are recovered to pay all principal and interest in the bond issue. It is anticipated that bonds will be issued for 15 years and that sufficient funds to retire the bonds will be collected within the 10 years following mall construction, at which time tax increments collected may go directly into the General Fund. All personal property taxes collected from the Project Area go directly into the General Fund. In determining the physical boundaries of the "Project Area" (i.e., land from which the tax increment is dedicated for debt service) the EDC used two parameters. First, �. Chapter 132 states that a development project shall be primarily for business or industrial purposes. Therefore, any land which is intended for eventual development for housing has not been be included within the Project Area. Second, it is in the best interest of the Town to delineate as small a Project Area as is economically feasible to assure the repayment of the revenue bonds. This minimizes the amount of real property tax revenue dedicated for bond payments. Other land which will develop outside the Project Area but as a result of the development project will pay all taxes directly into the General Fund. The result is a Project Area of 193.33 acres, as more specifically defined in Section XII of this Plan, which is dedicated to business or industrial use and which will provide the revenues necessary to complete the development project improvements. -6- III. PRESENT CONDITIONS AND USES The Project Area is now divided into two existing use areas. The westerly portion of the site is currently mixed woodlands with only a few tobacco barns. The easterly portion is a public, privately operated 18-hole golf course. The site has gently rolling topography, with the more severe slopes limited to the westerly end of the site where ravines occur with a north-south orientation. There are four distinct wetlands areas on the site as identified on the map entitled "Present Conditions and Uses." The wetlands identified as 1 and 3 are important due to their drainage functions, diverse ecology and potential for aesthetic and recreational values. -7- IV. PRESENT AND PROPOSED ZONING The great majority of land within the Project Area is zoned Comprehensive Urban Development (CUD). This zoning designation permits all land uses proposed on the "Proposed Land Use Map" subject to a preliminary and final plan approval by the PZC. As of this date a preliminary development plan approval request is pending beftre the PZC. An existing development plan approved for the mall at Buckland Hills was approved in November, 1985. The only parcel in the Project Areas not zoned CUD is a ten acre parcel which is zoned Industrial. No zoning district changes are necessary or anticipated. -8- V. PROPOSED USES This Project Plan is intended to develop 193.33 acres of land as a mixed use business/industrial/office complex to serve the Hartford regional economy. (See Map #2.) The catalyst for this development program is the Mall at Buckland Hills: a regional shopping mall of 785,000 square feet of gross leasable area which will occuppy a 64-acre site at the heart of the Project Area. Surrounding the road ringing the mall itself and having access from the ring road and/or both major access roads are approximately 40 acres which will contain a variety of retail, office, service and entertainment uses. Land to the west of peripheral parcels oriented toward Buckland Street will be available for additional commercial and office space, with 275,000 square feet of floor area capacity on 36 acres. To the east of the peripheral development parcels lies approximately 27 acres targeted for use as an industrial/office employment park. Twenty acres of land is set aside for future hotel use; 10 acres on either side of the Mall site. The development pattern calls for construction of retail and service activity from the Mall west to Buckland Street with a gradual transition to entertainment, industrial and office toward Slater Steet. Land lying to the north of the North Access Road has a very high potential for medium-high to high density residential development. Since Chapter 132 requires the development project to be used primarily for business or industrial purposes, this land has not been included in the Project Area and is not targeted for use on the Proposed Uses Map. -9- VI. PROPOSED IMPROVEMENTS The role of the Town of Manchester is to create the basic physical conditions necessary to allow the development of the Project Area to achieve a business/industrial development. These basic improvements include the construction of two main roads which will provide access to land between Buckland and Slater Streets. In order to take full advantage of the interstate highway network, the northern access road shall be extended across Slater Street to Deming Street. Because of the size and location of the Homart project, the State Traffic Commission (STC) required improvements to be made to state roads and the interstate highway system ramps. This work is necessary to ensure an acceptable level of service once the anticipated traffic from the mall project becomes a reality. The following is an itemized breakdown of the access road and STC required improvements and estimated costs: Buckland Street - 1-84 E.B. Ramps to Town Line $402,000 South Access Road - Buckland to Mall 649,000 North Access Road - Buckland to Slater 2,550,000 Hale Road Construction - Slater to Route 30 1,1501000 Slater St. - Access Road to Tolland Turnpike 550,000 Route 30 - Manchester/South Windsor Town Line to Oakland 1,3081000 Install Traffic Signals a. Buckland and Access Road 75,000 b. Route 30 and Tolland Turnpike 75,000 c. Chapel Road and Tolland Turnpike 75,000 Revise Traffic Signals a. Buckland St. Pleasant Valley/N. Access Road 100,000 b. Route 30/Avery Street/I-84 W.B. Ramps 100,000 c. Route 30/Tolland Turnpike 75,000 d. Route 30/Route 83/Oakland Street/1-84 E.B. Ramps 100,000 Interconnect Signals - Buckland Street 75,000 Interconnect Signals - Route 30 100,000 Subtotal $7,334,000 15% Eng., Legal, etc. 1,100,000 $8,434,000 -10- Looking beyond the mall project itself, the Town commissioned a traffic study to analyze traffic impacts on local and state roadways in northern Manchester, including traffic from approved developments and estimates for trips generated from presently vacant land. This study, by Purcell Associates of Glastonbury, Connecticut, resulted in the identification of several potential capacity problems which may occur vfirth additional development after the mall is built and after the STC required improvements are installed and operating. Several roadway improvements from among those recommended in the Purcell study are included in the development project because they can be easily accomplished simultaneously with STC required improvements because they are exclusively Manchester streets and because they will be required in the near future. These road improvements and estimated costs are as follows: Widen South Access Road to provide additional left turn onto Buckland Road southbound $100,000 Widen Buckland Road to provide additional left turn into I-84 eastbound ramp 200,000 Widen Buckland Road and Tolland Turnpike to provide additional through lanes southbound and eastbound 400,000 Widen Deming Street to provide additional left and right turn into I-84 westbound ramp 100,000 Subtotal $800,000 10% Engineering, legal, etc. 80,000 Total $880,000 The location of all roadway improvements are shown on the "Traffic Improvements Map." Public water and sanitary sewer facilities must also be extended to serve land within and outside of the Project Area. In the case of water, a 12" water main must be extended west from Deming Street to Buckland Street; an 8" to 12" water main must be installed as a loop around the mall to serve peripheral development; and a new water storage tank must be built. -11- Sanitary sewers are mainly in the Eighth Utilities District and shall be funded along with other basic public mprovements. In addition to 8" gravity lines, a pumping station and force main system s necessary for serving land within and outside of the Project Area. It is anticipated the force main and pump station shall be temporary expedients until gravity sewers can be extended to South Windsor according to an intertown sewer agreement. Until then the operation of the pump station and appurtenances shall be governed by the Eighth Utilities District. Finally, a sanitary ,sewer line will be designed and installed in the Hale Road area to serve land between Slater and Deming Streets. This line will be built during the development project, but will be funded by other funding mechanisms. The location of these water and sewer facilities is shown on the Proposed Utility Improvements Map. The costs for extension of power, gas, telephones and other services are the responsibility of the developers. The cost estimates for the water and sewer facilities are: Water Lines and Storage Tank $1,116,000 Sanitary Sewers and Pump Station 734,000 Subtotal $1,850,000 10% Engineering, Legal, etc. 185,tl00 Total $2,035,000 -12- VII. FINANCING PLAN " The construction of the traffic improvements and water and sewer improvements required in connection with the development project, as more particularly identified in Section V of this Plan, will facilitate the development of approximately 380 acres in northern Manchester. The total principal amount of bonds to be issued wild- not exceed $13 million. The proceeds of the bonds may be used for the following purposes: 1. The cost of constructing and installing the access road and other State Traffic Commission required improvements and water and sewer improvements required in connection with the development project as identified in Section VI of this Plan, not to exceed $10,500,000. 2. The cost of road improvements required by the Town not to exceed $1,500,000 identified in Section No. VI. 3. The issuance costs for any series of bonds, including bond counsel fees and expenses and any underwriters' discount thereon. 4. The cost of any on-site inspector maintained by the Town at the site during construction and installation of the improvements. 5. The cost of any land condemned, purchased or otherwise acquired necessary to accomplish any of the public improvements identified in the Project Plan. 6. The cost of any financial advisor to the Town. 7. The cost of any legal fees or expenses incurred by the Town with respect to the preparation and implementation of the Tax Increment Financing (TIF) Agreement and the Project Plan. 8. Any expenses of the Town paid by the developer prior to the issuance of the bonds. The total amount of the costs described for Item No. 1 above which may be paid from the proceeds of the bonds shall not exceed $10,500,000 (which cap figure shall be reduced dollar for dollar to the extent that the responsibility for construction and installing any of the improvements shall be assumed by the State of Connecticut). To the -13- extent that the Developer can reduce the anticipated $10,500,000 (or reduced cap figure as described above) cost of construction of the improvements identified in Item No. 1 above and/or the extent that the costs for the items described in Items 3-8 above are less than $1 million, then the balance of such amount up to the $10,500,000 cap (or reduced cap as described above) and/or the $1 million cap for Items 3-8 shall be avai*ble to pay a portion of the following costs: 9. The cost of providing any required credit enhancement for the bonds. 10. The provision of any capitalized interest or any deposit into a debt service reserve fund required in order to secure the bonds. 11. The payment of any cost or provision for any deposit in addition to those listed above in Items Nos. 1 through 10, which is mutually acceptable to the Town and the developer. The Developer's share of the costs for Items Nos. 9 through 11 which exceed the $10,500,000 cap (or lower figure) and/or the $1 million cap as described above shall be the responsibility of the developer. The tax increment bonds issued for the purposes described above shall be paid from the incremental increase in real estate taxes received due to the revaluation of land and/or construction of improvements on the land within the Project Area and will be directed to a separate fund dedicated to the retirement of the bond issue for public improvements in accordance with provisions of Chapter 132 of the Connecticut General Statutes. The cumulative incremental real estate taxes to be received during the life of the bonds is anticipated to be $51,217,275. The total principal and interest payments required to retire the public improvement bonds is estimated to be $21,292,000. The result is that the dedicated tax increment fund should have sufficient incremental real estate tax contributions some 10 years after the bonds are issued to make all principal and interest payments. The projected incremental real estate tax contributions received after there is sufficient money in the fund to pay for the principal and interest of the bonds issued (including reimbursement to the Developer for any principal and interest paid by -14- the Developer after the December 31 following the opening of the center) become= available to the Town as unrestricted General Fund tax revenue. a In addition,. development within the Project Area will be generating personal property tax revenue to the Town. These taxes are not dedicated toward bond retirement costs but instead are immediately available to the Town as General Fund tax revenue. It is estimated that the personal property tax revenue which will be accruing to the Town during the life of the bonds will total $9,693,766. The provisions of the Financing Plan referenced in this section and the Administration Plan referenced in Section VIII are a summary of the Tax Increment Financing Agreement which is the governing document between the EDC, Town and Homart in regard to the Financing and Administrative Plan contained in the Project Plan (Exhibit W. The provisions contained in Sections VII and VIII of this Plan have no substantive legal effect which is inconsisent with the provisions of the Tax Increment Financing Agreement. -1 S- VIII. ADMINISTRATIVE PLAN Subject to certain preconditions, such as the issuance of the Tax Increment Financing Bonds by the Town, the Developer has agreed to construct and install or to cause the construction and installation of the Improvements as more particularly identified in Section VI of this Plan. In addition, the Developer will use its (lest efforts to obtain all necessary governmental approvals, licenses and permits for such construction and installation, and if necessary, will use its best efforts to obtain approvals from the Town, its Town Water Pollution Control Authority, the Eighth Utilities District, and the State Department of Environmental Protection. The Town shall have the right to approve in advance all contracts and all plans and specifications for the construction and installation of the Improvements. The Town shall be entitled to inspect the Improvements and to monitor the construction and installation in any reasonable manner including the maintenance of an on-site inspector or inspectors. The Developer shall provide the Town with reasonable cost and expenditure reports as requested by the Town, and the Town may exercise the right to approve any expenditures in addition to the amounts set forth in original contracts. It shall be the responsibility of the Town to obtain by condemnation, purchase, or any other means which it may choose, the land on which the south access road to the center is to be constructed -and the land between Slater Street and Deming Street on or under which any of the Improvements are to be constructed or installed and to make this land available to the Developer for the purpose of constructing and installing the Improvements. The Developer shall dedicate to the Town any real property which they own upon or under which the Improvements are to constructed or installed and the Town shall accept the dedication of such real property from the Developer as long as the Improvements are constructed or installed in accordance with Town's standards for public improvements. -16- The Developer has the right to terminate its obligations under the TIF Agreement if it in good faith determines that it is not economically feasible to proceed with the development of this center, or if any of the preconditions set out in the TIF Agreement are not satisfied, as long as there is payment in full of the principal and interest on outstanding bonds (including payment of any applicable redemption, Epenalties, or premiums in connection therewith) and upon payment to the Town of all costs and contractual obligations incurred by the Town with respect to the TIF Agreement or the Project Plan. An allowable expense under the TIF Agreement the hiring by the Town of a financial advisor or consultant which it may deem prudent or advantageous to consult or hire in order to provide the Town with advice concerning issuance, delivery and sale of the bonds, as well as the ability to consult or hire attorneys to review the TIF Agreement and Project Plan. In this regard the Town has consulted with the accounting firm of Arthur Young to verify financial information supplied by the Developer in support of its request to the Town for financial assistance utilizing tax increment financing. The firm of Robinson and Cole has been hired to act as the Town's bond counsel, and Attorney Kevin O'Brien has been retained by the Economic Development Commission for legal counsel in regard to the Tax Increment Financing Agreement and Project Plan. a responsible for approving the issuance of bonds in The Board of Directors shall b p pp g accordance with the provisions specified in the TIF Agreement, Chapter 132 of the Connecticut General Statutes and this Project Plan. The bonds will be issued upon a date or dates mutually acceptable to the Town and Homart; however, it is anticipated that the bonds will be issued at or near the commencement of the construction and installation of the improvements. This Project Plan must be approved by the EDC and the Board prior to issuance of any bonds. The contractual obligations of the EDC and the Board to issue any bonds are expressly conditioned upon prior fulfillment of each requirement for the lawful issuance and delivery of such bonds. -17- IX. RELOCATION PLAN There is no governmental action requiring the relocation of any occupants within the Project Area. Accordingly, a plan for relocating Project Area occupants will not be required. -18- X. APPRAISAL For the purposes of this Plan the appraisal referenced in Chapter 132 of the Connecticut General Statutes is considered to be the assessed value of the land within the Project Area as of the Grand List Valuation of October 1, 1986. All real estate property taxes to be escrowed for repayment of bond principal and interest will be based upon the General Fund mill rate for the Town of Manchester applied against the incremental increase in the value of land within the Project Area on any subsequent Grand List and the total value of any improvements constructed on land within the Project Area subsequent to the approval of this Plan. -19- Xl. MARKETABILITY Critical to the success of the development project's investment and the Town's ability to repay the debt incurred for it is the ability of the marketplace to absorb the type and amount of development contemplated for Buckland. The EDC required Homart to provide market analyses to demonstrate the feasibility of the activities pr'yposed. Market studies were prepared by Homart's Department of Research and Market Analysis for the regional mall project; Phillips/Norwalk Company of Wesport, Connecticut for the development of land peripheral to the regional mall including office, retail and entertainment uses; and Coldwell Banker Real Estate Consultation Services of Washington, D. C. for the regional office market. Additional economic and market trend information was collected by ECONNomics of Hartford, CT. The market studies show there is a very strong demand for a regional shopping mall located east of the Connecticut River. This demand can be served immediately by a new mall. The presence of a significant new retail facility will generate a market for spin-off retail, service and office space near the mall. Absorption rates should allow this development to occur over the next 10 to 15 years. The following is a summary of some major findings of the market studies as they relate to each market component. Retail Sector:, Regional Shopping Malll * The trade area for a regional shopping center at the Buckland Hills site was delineated based on point-to-point driving times, geographical features, existing retail competition, and existing and emerging population patterns. A major regional mall anchored by three or more department stores currently in the Hartford market would attract 80 percent of its shoppers from the primary trade area; the remaining 20 percent sales inflow would come from residents outside of the primary trade area. -20- The primary trade area includes the Hartford County towns of East Windsor, South Windsor, East Hartford, Manchester, Glastonbury and Marlborough and the Tolland County towns of Hebron, Andover, Bolton, Vernon, Tolland, Ellington, Willington, Coventry, Columbia and Mansfield. All of the primary trade area residents have easy access to the mall site via Interstate 84 and Highway 83 as well as other local and state highways (partial). The secondary trade area covers the Hartford County Towns of Windsor, Wethersfield, Rocky Hill, Newington, West Hartford (partial) and Hartford. The Buckland Hills site is within a 20-minutes drive of the secondary trade area's residents. In 1985, the population residing in the Buckland Hills primary trade area was estimated to be almost 258,000 persons; the secondary trade area was estimated to contain about 270,000 persons. By 1990, population is expected to increase to almost 263,400 persons in the primary trade area and nearly 272,600 persons in the secondary trade area for a total trade area population of almost 536,000 persons. Population is expected to grow at a faster rate in the primary tade area (0.4 percent or 1,000 persons per year between 1985 and 1990) than in the secondary trade area (0.1 percent or 200 persons per year between 1985 and 1990). * At the time of the 1980 Census, residents in the primarily trade area recorded a 1979 per capita income of $8,279 while those in the secondary trade area recorded per capita income of $7,534. Per capita income is growing at a faster rate in the primary trade area than in the secondary tade area because of the slow growth in income for residents in the City of Hartford. Both the primary and secondary trade areas are expected to grow at rates above the national average. Between 1979 and 1985, per capita income is estimated to have grown by 10.1 percent per year in the primary tade area and by 8.4 percent per year in the secondary trade area. -21- * In 1982, shoppers goods sales represented 12.1 percent of money income in the Hartford Metropolitan Area. Between 1972 and 1977, growth in sales in Hartford grew by only 4.3 percent per year. Since that time, sales in Hartford have been growing much faster at a rate of 8.0 per cent per year which is above the national average of 7.4 percent per year for the same time period. This increased growth in GAFO sales is due, in part, to the increased strength in the Hartford economy which has increased income levels, providing residents with more disposable income in recent years. # There are currently only two regional shopping centers located in the Hartford Metropolitan Area to serve the population base of 720,000 persons. Westfarms Mall helps define the trade area to the west while Enfield Mall limits the northern boundary of the trade area. The redeveloped Hartford retail area, which includes The Richardson and The Civic Center Shops, also limit the Buckland Hills trade area to the west. In addition to these malls, there are numerous community centers in the market. * An important factor in determining the feasibility of a regional shopping center is the calculation of the total sales potential in a given trade area based on the expenditure potential of the area residents and future customers. Shoppers goods expenditure potential is the amount of total income trade area residents can be expected to spend in general merchandise stores (including department stores), furniture and home furnishings stores, apparel and accessories stores and selected other establishments. -22- The 1990 shoppers goods expenditures potential for the Buckland Hills. primary trade area is projected to be about $644,900,000 in current year dollar values (about $530,000,000 in constant 1985 dollar values). The 1990 shoppers goods expenditure potential for the secondary trade area is expected to be about $516,400,000 in current year dollar values (about $424,400,000 in senstant 1985 dollar values). As evidence of the accuracy of the marketability study, four major department store anchors have committed to utilizing approximately 450,000 square feet of retail space in the mall. Based upon detailed analysis of the sales potential available to each of these anchors, and the level of mall tenant sales which would be generated by consumer patronage of the anchors, we conclude that in 1990 Buckland Hills could support 785,000 square feet of gross leasable space registering total sales of $183,400,000 or $234 per square foot ($150,700,000 and $192 per square foot, respectively, in 1985 values).- Retail/Service/Of f ice: Peripheral Land Development2 Based upon the size of the proposed mall and the quality of department store tenants the development of 90,000 square feet of peripheral retail space and a restaurant could be expected coincident with the mall opening. Given the expected drawing power of the mall, approximately 41,000 square feet of general office space and 10,000 square feet of medical-dental uses could be achieved within several years of mall opening. Continued office demand in the amount of 100,000 to 150,000 square feet would be achieved four to ten years after mall opening. Office Sector: Project Area3 The strongest employment growth occurred in the trade, services and finance, insurance and real estate sectors. Actual employment increase was almost 40,000 workers from 1970 to 1980 in Hartford County in these business. -23- # The Hartford office market is dominated by the space needs of large institutional users - primarily Hartford's insurance companies such as Aetna, Travelers, Connecticut Mutual, Cigna, and The Hartford Insurance Group. In addition, the city's large banks such as Connecticut National, Connecticut Bank and Trust, Bank of Boston, and Mechanics Savings create a second, but more stable, large block of demand. Suburban office development has been fueled to a great extent by peripheral needs of the insurance and financial companies for back-office space. In moving to suburban locations, the insurance sector has sought to acquire high quality flexible space at a lower cost than in downtown locations, to locate facilities near desirable residential areas, and to access a larger labor pool than is available to the Hartford CBD. Companies which have moved into large suburban locations in recent years include Cigna, The Hartford Group, Allstate, Great American Insurance, Arnica, and.Aetna. Net absorption of office space averaged almost 1.2 million square feet from 1981 to 1985. 1985 absorption is estimated to be around 800,000 square feet, following 1984's record absorption of over 1.8 million square feet. Local observers predict that major corporate space users' needs are swinging upward again and that almost 1 million square feet will be absorbed between June 1985 and June 1986. # Recent absorption trends among the submarkets have shown a swing in favor of the suburban areas due to the variety of space alternatives available and competitive rents. In January of this year, the Farley Company predicted that by the end of the year absorption should be favoring the suburbs over Hartford City by 75 percent to 25 percent. Suburban absorption would be led by the East submarket which is predicted to average some 300,000 square feet per year, or twice its annual average over the last five years. -24- +� It is anticipated by most observers of the Hartford market that the underdeveloped east suburban area will be the next target of area real estate development, aided by a large labor pool and a superior transportation network. Buckland Hills offers potential users a highly accessible location convenient to downtown Hartford which, when coupled with a regional mall, will be an attraq ive working environment for tenants and their employees. The eastern market is ideal for users who do not need to be located in the downtown Hartford's insurance and financial district. 1. Excerpts from Development Potential of Buckland Commons. October, 1986 by Homart Development Co., Department of Research and Market Analysis. 2. Excerpts from Absorption Analysis, Buckand Hills Peripheral Parcels, September 24,1986 by Phillips/Norwalk Company. 3. Excerpts from Hartford Market Study, November, 1985 by Coldwell Banker. -25- XII. LEGAL DESCRIPTION A certain piece or parcel of land located in the Town of Manchester, State of Connecticut, containing 193.33 acres as being shown on a map entitled "Map of Land For Project Plan, Buckland and Slater Street, Manchester, Connecticut," Scale 1"=100', Dated 8-24-86 by Fuss be O Neill, Inc., Consulting Engineers, Manchester, Conr*cticut, said parcel being more particularly bounded and described as follows: Commencing at a point, said point being the southeasterly corner of the herein described parcel which point is the intersection of the westerly street line of Slater Street with the northerly highway line of Interstate Route 84. Thence running S63044117"W 457.07 feet, thence running southwesterly on a curve to the right having a radius of 5579.60 feet and an arc length of 749.41 feet; thence running 57003714511W 1302.57 feet; all along the northerly highway line of Interstate Route 84, land now or formerly State of Connecticut. Thence running N04007151"W 68.16 feet; thence running N0700012511W 113.11 feet; thence running S75001109"W 871.11 feet; thence running S80006137"W 1740.87 feet; thence running N3101312211W 370.02 feet; thence running S8005910811W 64.60 feet to a point on the easterly street line of Buckland Street; all along land now or formerly State of Connecticut; Thence running N27023148"W 87.21 feet; thence running N23059134"W 172.04 feet; thence running N23034112"W 130.01 feet; thence running northwesterly on a curve to the right having a radius of 3140.00 feet and on arc length of 380.91 feet; thence running N1304410111W 513.92 feet; thence running N0603811211W 167.62 feet to a point on the Manchester-South Windsor town line, all along the easterly street line of Buckland Street; Thence running N71015113"E 2564.91 feet; thence running N71015113"E 109.09 feet; all along the Manchester-South Windsor town line, land now or formerly Hartman Tobacco Company; Thence running S08028147"E 170.47 feet; thence running southeasterly on a curve to the right having a radius of 540.00 feet and an arc length of 171.90 feet; thence -26- running S4702013011E 100.00 feet; thence running on a curve to the left having a radius of 555.40 feet and an arc length of 307.32 feet; thence running S7900214211E 1631.88 feet; thence running on a curve to the left having a radius of 460.00 feet and an arc length of 523.37 feet; thence running N3504515611E 110.85 feet; thence running on a curve to the right having a radius of 540.00 feet and an arc length of 430.00 feet; thence-running on a curve to the left having a radius of 50.00 feet and an arc length of 46.34 feet to a point on the westerly street line of Slater Street; all along land now or formerly Manchester I-84 Associates; Thence running S06046145"E 605.53 feet; thence running S0702710011E 195.00 feet; thence running S07019100"E 183.17 feet to the Point and Place of Commencement; all along the westerly street line of Slater Street. All improvements to be performed in conjunction with the Development Project but outside of the legally described Project Area will occur within the public right-of-way of the streets in or over which the improvements will be installed. Said improvements are as shown on the map entitled "Proposed Utility Improvements and Proposed Traffic Improvements." -27- XIII. TITLE A. Homart Parcel. On or before commencement of the proposed improvements in the Project Area, fee simple title to the Homart Parcel will be held in the name of Homart Development Co. As,of June 19, 1986, the Homart Parcel is free and clear of alFencumbrances of record except the following: 1. The lien for all municipal taxes and assessments on the list of October 1, 1985 and thereafter. Said taxes are current and the next installment is �. not yet payable. 2. Mortgage for $32,517.40 from MAP Associates of M. & S.W. to Eileen Schweir dated and recorded December 1, 1981 in Volume 794, Page 55 of the Manchester Land Records. 3. Mortgage for $48,623.18 from MAP Associates of M. do S.W. to Leon R. and Edward H. Schweir dated and recorded December 1, 1981 in Volume 794, Page 74 of the Manchester Land Records. 4. Mortgage for $45,585.23 from MAP Associates of M. & S.W. to Leon R. Schweir dated and recorded December 1, 1981 in Volume 794, Page 63 of the Manchester Land Records. 5. Mortgage for $15,000.00 with an existing balance of $-0- from MAP Associates of M. & S.W. to Sterling Pitkin Olmstead dated and recorded December 1, 1981 in Volume 794, Page 84 of the Manchester Land Records. 6. Mortgage for $429,480.82 from MAP Associates of M. do S.W. to The Hartman Tobacco Company dated January 21, 1981 and recorded January 22, 1981 at 11:10 a.m. in Volume 767, Page 17 of the Manchester Land Records. 7. Denial of Access Rights to land now or formerly of the State of Connecticut by virtue of a taking by eminent domain as reflected in a -28- Certification of Condemnation from The Hartman Tobacco Company to the State of Connecticut dated February 6, 1974 and recorded in Volume 537, Page 89 of the Manchester Land Records. 8. Sloping and excavation easements by virtue of a taking by eminent domain as reflected in a Certificate of Condemnation from Rapid-American Corporation to State of Connecticut dated July 6, 1983 and recorded in Volume 853, Page 166 of the Manchester Land Records. 9. Easement by virtue of a taking by eminent domain as reflected in a Certificate of Condemnation from Rapid-American Corporation to State of Connecticut dated April 25, 1984 and recorded in Volume 893, Page 91 of the Manchester Land Records. 10. Survey by Fuss & O'Neill Consulting Engineers, Manchester Connecticut "Property of Rapid-American Corporation to be conveyed to Manchester I-84 Associates Limited Partnership Buckland Street Manchester, CT Proj. No. 84-316 Dated June 1986 Scale 1"=200' Designer NLB Checker LRG Sheet No. 1 of I Revisions 6-16-86", on file in the Town Clerk's Office of the Town of Manchester, discloses the following: (a) Shed extending over northerly line. (b) Brooks flowing through the easterly and westerly portion of the premises. (c) Drainage ditches and pipe easements in favor of State of Connecticut along westerly boundaries. (d) Slope easements in favor of the State of Connecticut along westerly boundaries. (e) Drainage swale on northwesterly portion of premises. 11. Terms and Conditions of Memorandum of Purchase Agreement between Manchester I-84 Associates Limited Partnership and Hornart Development -29- Co., recorded in the Manchester Land Records on June 19, 1986 at 4:45 p.m. B. Manchester I-84 Associates Parcel. Fee simple title to the Manchester I-84 Associates Parcel is held in the name of Manchester I-84 Associates Limited Partnership. As of June 19, 1986, the Manchester I-84 Associates Parcel is free and clear of all encumbrances of record except the following: 1. Taxes to the Town of Manchester on the List of October 1, 1985 and on the List of October 1, 1986. 2. Taxes on the List of October 1, 1985 and on the List of 1986 to the Eighth School District. 3. Slope rights as set forth in a deed from Robert W. Gale and Madeline F. Gale to State of Connecticut dated January 10, 1983 and recorded in the Manchester Land Records in Volume 830, Page 102. 4. Mortgage from John Finguerra to Robert W. & Madeline F. Gale dated December 21, 1984 and recorded in the Manchester Land Records. 5. Rights of other in and to the brook flowing through the premises. 6. Private property permit from Joseph Kaselauskas to the Connecticut Power Company dated December 5, 1945 and recorded in the Manchester Land Records in Volume 168, Page 330. 7. Slope Rights Easement from Charles Kaselauskas to the State of Connecticut dated January 10, 1983 and recorded in the Manchester Land Records in Volume 830, Page 104. 8. Mortgage from John Finguerra to Charles Kaselauskas and Wanda Kaselauskas dated December 21, 1984 and recorded in the Mancheser Land Records. 9. Title dispute with respect to the area so marked as shown on the survey by Fuss do O'Neill, Inc. dated December 19, 1984. -30- v 10. Mortgage for $32,517.40 from MAP Associates of M. & S.W. to Eileen Schweir dated and recorded December 1, 1981 in Volume 794, Page 55 of the Manchester Land Records. 11. Mortgage for $48,623.18 from MAP Associates of M. ac S.W. to Leon R. and Edward H. Schweir dated and recorded December 1,191&1 in Volume 794, Page 74 of the Manchester Land Records. 12. Mortgage for $45,585.23 from MAP Associates of M. & S.W. to Leon R. Schweir dated and recorded December 1, 1981 in Volume 794, Page 63 of the Manchester Land Records. 13. Mortgage for $15,000.00 with an existing balance of $-0- (no balance) from MAP Associates of M. & S.W. to Sterling Pitkin Olmsted dated and recorded December 1, 1981 in Volume 794, Page 84 of the Manchester Land Records. 14. Mortgage for $428,480.82 from MAP Associates of M. & S.W. to the Hartman Tobacco Company dated and recorded January 21, 1981 and recorded on January 22, 1981 in Volume 767, Page 17 of the Manchester Land Records. 15. Denial of Access Rights of land now or formerly of the State of Connecticut by virtue of a taking by eminent domain as reflected in a Certificate of Condemnation from The Hartman Tobacco Company to the State of Connecticut dated February 6, 1974, and recorded in Volume 537, Page 89 of the Manchester Land Records. 16. Slope and excavation easements by virtue of a taking by eminent domain as reflected in a Certificate of Condemnation from Rapid-American Corporation to State of Connecticut dated July 6, 1983, and recorded in Volume 853, Page 166 of the Manchester Land Records. 17. Easement by virtue of a taking by eminent domain as reflected in a Certificate of Condemnation from Rapid-American Corporation to State -31- of Connecticut dated April 25, 1984 and recorded in Volume 893; Page 91 of the Manchester Land Records. 18. Survey by Fuss & O'Neill Consulting, dated June, 1986 discloses the following: (a) Shed extending over northerly line. (b) Drainage Ditches and Pipe Easements in favor of State of Connecticut along westerly boundaries. (c) Slope Easements in favor of the State of Connecticut along westerly boundaries. (d) Drainage Swale on northwesterly portion of premises. 19. Terms and Conditions of Memorandum of Purchase Agreement between Manchester I-84 Associates Limited Partnership and Homart Development Co., recorded in Manchester Land Records on June 19, 1986. 20 A mortgage for $6,500,000.00 from Manchester I-84 Associates Limited Partnership to Homart Development Co., recorded in the Manchester Land Records on June 19, 1986. 21. Sewer Caveat, The Parkway Corporation, et al, to Sewer Commission of. the Town of South Windsor dated April 28,1971, and recorded in the South Windsor Land Records in Volume 136 at Page 262, said caveat for the installation of sanitary sewers on Deming Street and Slater Street which have been installed. 22. Denial of Access Rights to I-86 as set forth in a deed from A1ary Palauskas to State of Connecticut dated July 21, 1943 and recorded in the Manchester Land Records in Volume 155 at Page 212. 23. Drainage Right-of-Way, Mary Palauskas to State of Connecticut, recorded on August 15, 1944, in Volume 163 at Page 437 of the Manchester Land Records. -32- 24. Drainage Easement, Charles Palauskas and Mary Palauskas to State of Connecticut dated January 2, 1945, and recorded in Volume 166 at Page 359 of the Manchester Land Records. 25. Denial of Access Rights to I-86 appearing in a Quit-Claim Deed from The Savings Bank of Manchester to State of Connecticut dated iuly 1, 1943, and recorded in Volume 157 at Page 136 of the Manchester Land Records. 26. Water Discharge Rights appearing in a Quit-Claim Deed from The Savings Bank of Manchester to the State of Connecticut dated June 1, 1943, and recorded in Volume 157 at Page 163 of the Manchester Land Records. 27. Exclusion of Access Rights appearing in a Quite-Claim Deed from State of Connecticut to Charles Palauskas and Mary Palauskas dated June 8, 1944, and recorded in Volume 163 at Page 205 of the Manchester Land Records. 28. Pole Line Easement, E. A. Buckland to American Telephone and Telegraph Company dated May 8, 1902, and recorded in Volume 14 at Page 235 of the South Windsor Land Records. 29. Denial of Access Rights to I-86 appearing in a Notice of Condemnation, Parkway Corporation to State of Connecticut dated August 5, 1982, and recorded in Volume 817 at Page 194 of the Manchester Land Records. 30. Drainage Easement, Parkway Corporation to Eighth Utilities District dated July 22, 1983, and recorded in Volume 857 at Page 21 of the Manchester Land Records. 31. Drainage Easement appearing in a Notice of Condemnation, The Parkway Corporation to State of Connecticut dated March 22, 1984, and recorded in Volume 888 at Page 51 of the Manchester Land Records. 32. Denial of access rights and drainage rights as appear in a Certificate of Condemantion the Savings Bank of Manchester to State of Connecticut dated May 17, 1943 and recorded in Volume 152 at Page 521 of the Manchester Land Records. -33- 33. Mortgage for $1,665,000.00 frorn Parkway Corporation a/k/a The Parkway Corporation to Raymond P. Jewell, Pearl D. Jewell and John and James McIlduff, co-executors of the Estate of Bernard F. McIlduff, dated December 23, 1985 and recorded in the Manchester Land Records on December 23, 1985. L 34. Any obligation to convey land to the Town of Manchester and South Windsor along Slater Street in accordance with a certain note appearing on survey by Fuss & O'Neill, Inc. dated June 1, 1984, certification added December 20, 1985. -34- XIV. FINDINGS Based n the information presented in this Project Plan, the EDC, acting as the development agency and according to the requirements of Chapter 132 of the Connecticut General Statutes, finds as follows: A. The land and buildings within the Project Area shall be used ppincipally for business or industrial purposes as set forth in the Project Plan. B. The Project Plan is in accordance with the July 1986 Plan of Development for the Town of Manchester. The Project Area is located on land designated a Mixed-Use District which calls for a variety of high intensity commercial, industrial and residential uses. C. The Project Plan, and the location of the Project Area, is in accordance with the Regional Plan of Development adopted by the Capital Region Council of Governments on 22 February 1978. It is further found that the Project Plan meets the Land Use and Economic Development goals and policy statements of the Regional Plan. D. The Project Plan is not inimical to the statewide planning program objectives set forth in the State Policies Plan for the Conservation and Development of Connecticut, Proposed Revisions of 1987-19929 prepared by the State Office of Policy and Management and the State Policies Plan for the Conservation and Development of Connecticut, 1982-1985, prepared by the State Office of Policy and Management. E. It is found that the Project Plan's implementation will create a business and industrial center of regional importance, creating employment opportunities and generating real and personal property and sales tax revenues for the Town and the State, thus contributing to the general economic welfare of the Town and State. F. It is found that in order to fully develop the Buckland Hills area and the land within the Project Area and given the extraordinary land development costs of the site, public action is required under Chapter 132 of the Connecticut General Statutes. -35- TYLER COOPER & ALCORN COUNSELLORS AT LAW HUGH MEADE ALCORN.JR. BARRY C.HAWKINS CITYPLACE 205 CHURCH STREET WILLIAM R.MURPHY IRVING S.SCHLOSS 35TH FLOOR P.O.BOX 1936 MILTON P.DEVANE JON T.HIRSCHOFF JOHN H.FILER WILLIAM H.CHAMPLIN,III HARTFORD, CONNECTICUT 06103-3488 NEW HAVEN,CONNECTICUT 06509 RICHARD G.BELL TIMOTHY W.BINGHAM WILLIAM S.ROGERS DAVID W.SCHNEIDER (203) 522-1 21 6 (203)789-0700 RALPH G.ELLIOT CARTER LAPRADE TELECOPIER(203)777-1181 GORDON S.FERGUSON ROBERT L.KEEPNEWS TELECOPIER (203) 278-3802 MICHAEL J.DORNEY RICHARD W.BOWERMAN SAMUEL W.BOWLBY GEORGE E.O'BRIEN,JR, 3 LANDMARK SQUARE BRUCE LEWELLYN ROBERT J.METZLER.II ROBERT K.CIULLA RONALD J.COHEN STAMFORD,CONNECTICUT 06901 JOSEPH C.LEE MARGARET P.MASON (203)348-5555 JAMES G.KENEFICK,JR. TELECOPIER(203)348-3875 WILLIAM W.BOUTON,III EMMETT E.BROWN,III VERONICA M.FALLON ALAN J.SOBOL• SUFFIELD VILLAGE KATHY KIEFER PRIEST MICHAEL B.DASHJIAN SUFFIELD,CONNECTICUT 06078 ALICE A.BRUNO SARA CHURCH DINKLER RICHARD F.ORR JUDITH A.RAVEL (203)668-7326 MARY BETH FREDERICK KAREN KAPEL ASTRACHAN MARK V.CONNOLLY SHEILA M.COOLEY OF COUNSEL WILLIAM S.FISH,JR. MARGARET A.LITTLE December 1 1986 CHARLES W.LLEWELLYN. BEN A.SOLNIT / HENRY W.PASCARELLA,P.C. KEVIN MCCANN PAUL A.MITCHELL ROBERTA L,McCAW JEAN L.KELLY 2 GLEN COURT,P.0.BOX 1038 STANLEY E.PARESE MARK A.MILANO GREENWICH.CONNECTICUT 06836 DAVID J.WIESE MARSHALL J.TOUPON5E LIVIA D.BARNDOLLAR (203)869-2000 'NOT ADMITTED IN CONNECTICUT Richard J. Sartor, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Town of South Windsor v. State Traffic Commission Dear Dick: I enclose the Interrogatories with signature pages on Chief Ryan's for him to sign before a Notary Public and on the Town of South Windsor's for you to sign before a Notary Public. Would you please do this as soon as possible, and return them to me, hopefully by the end of this week. Sincerely, RGE:j rc Enclosures kY AV. i i tNO. CV 86 0319641 S i IiTOWN OF SOUTH WINDSOR, ET AL SUPERIOR COURT 0 o DVS . JUDICIAL DISTRICT OF HARTFORD/NEW BRITAIN AT HARTFORD 6 z 0 STATE TRAFFIC COMMISSION, ET AL NOVEMBER 7, 1986 • INTERROGATORIES AND REQUEST FOR PRODUCTION OF DEFENDANT, HOMART DEVELOPMENT COMPANY co l; Pursuant to §216 et seq. of the Practice Book, the defendant, M 0 N w Homart Development Company, hereby requests of plaintiff, TOWN OF SOUTH vco WINDSOR (the "Town" ) as amended: 00 A. Answers to the following interrogatories and amended answers to gU l yw ! the date of trial as supplemental information is discovered: z W� 1 . The name(s ) address and title of any persn designated to provide Wo ; responses to any of these interrogatories , including the name( s ) of c� zany person who has been designated as a spokesperson for the Town. a Mr. Richard J. Sartor I' Town Manager N Town of South Windsor X 1540 Sullivan Avenue South Windsor, CT 06074 0 a � • j 2. Did any Town official , employee, agent or represent9tive, w including persons from the Economic Development Agency, attend any ! meeting of the State Traffic Commission wherein Homart' s application ' for certificate of operation was considered? LijN Yes z Z , 0 I is i i i i I I I -2- i 3 . If so, identify: a. the name, address and title of any such person; b. the date(s ) of any such meeting; z C. the location of any such meeting; d. the role of any such person at the meeting. (a) William Ryan, Chief of Police, Local Trafic Authority Marcia Banach, (Acting) Director of Planning Richard Martel, 'Town Engineer cN John Shemo, Economic Development Coordinator (b) June 3, 1986 (c) Conn-Dot Office, Methersfield, CT. cN (d) Chief Ryan - Read into the record his letter dated June 3, 1986. J 4 . If you expect to call an expert witness at trial , please state: a. the identity of any such expert; 00 b. the subject matter on which the expert is to testify; 3U C. the substance of the facts and opinions to which the expert is to testify; and >Z d. a summary of the grounds for each opinion. J O Y O ,� Unknown at this time Y 0 i N ; co B. To produce the following documents: o m 1 . Any and all expert reports in connection with Interrogatory cL No. 4. Unknown at this time j DEF NDA ,T, DEVELOPMENT COMPANY w i I Z 0 i BY ELI B TH= McLAUGHLIN, ESQUIRE I Updike \Kelly & Spellacy, P.C. P.O. B x 31277, One State Street Hartford, CT 06103 548-2600 i I I! I � i CERTIFICATION This is to certify that a copy of the reg ' ng was mailed, postage 0 0 1 prepaid, this day of November, 1986 ,t 1 ,nsel of record. z ELI ABE ;1q.' cLAUGHLIN, ESQUIRE oo f w I I J W N • 1 C.1 M I d� I U� 3~ W a O w �Z }Z J O-A Y� j uj W O Y W am n � I N M X O m O a • t w H N w F- Q r- Z O I! i i I I I i i - 3 - i Richard J. S tor, Town Manager Subscribed and sworn to before me this An= —day of December, 1986. Notary Pub Ic <- '5 /'r 9j CERTIFICATE OF SERVICE This is to certify that a copy of the attached has been sent this day of December, 1986, via U.S. Mail, postage prepaid to: Michael D. Neubert, Esq. , Updike Kelly & Spellacy, One State Street, P.O. Box 31277, Hartford, CT 06103 ; Susman & Duffy, P.C. , P.O. Box 1684, 234 Church Street, New Haven, CT 06507 and Robert T. Morrin, Assistant Attorney General, 90 Brainard Road, Hartford, CT 06114 . Ralph G. Elliot i i I NO. CV 86 0319641 S TOWN OF SOUTH WINDSOR, ET AL SUPERIOR COURT I o SUS • JUDICIAL DISTRICT OF HARTFORD/NEW `. I BRITAIN AT HARTFORD II STATE TRAFFIC COMMISSION, ET AL NOVEMBER 7, 1986 INTERROGATORIES AND REQUEST FOR PRODUCTION 0 i OF DEFENDANT, HOMART DEVELOPMENT COMPANY N � co Pursuant to §216 et seq. of the Practice Book, the defendant, o j!CN — IHomart Development Company, hereby requests of plaintiff, WILLIAM R. • RYAN, as amended: vM i a� I� 60 ;A. Answers to the following interrogatories and amended answers to _j y� ithe date of trial as supplemental information is discovered: .az jo 1 . The name(s ) address and title of any persn designated to provide YC responses to any of these interrogatories, including the name(s ) of YO any person who has been designated as a spokesperson for the Town. acc William R. Ryan • Chief of Police N Thwn of South Windsor Cl) 151 Sand Hill Road x a i South Windsor, Connecticut 06074 a • 2. Did any Town official , employee, agent or representative, Including persons from the Economic Development Agency, attend any x ;meeting of the State Traffic Commission wherein Homart' s application for certificate of operation was considered? a Z Yes 0 I I! I i i I i -2- 3 . If so, identify: a. the name, address and title of any such person; b. the date(s ) of any such meeting; z C. the location of any such meeting; d. the role of any such person at the meeting. (a) William Ryan, Chief of Police, Local Traffic Authority Marcia Banach, (Acting) Director of Planning Richard Martel, Town Engineer c6 John Shama, Economic Development Coordinator M (b) June 3, 1986 (c) Conn-DOT Office, Wethersfield, CT. (d) Chief Ryan - Read into the record his letter dated June 3, 1986. w 4 . If you expect to call an expert witness at trial , please state: �M a. the identity of any such expert; 00 j b. the subject matter on which the expert is to testify; g� C. the substance of the facts and opinions to which the expert Lu is to testify; and .6Z d. a summary of the grounds for each opinion. 0 J U Yci cr i Unknown at this time ui0 G¢ 04 j= n X iB. To produce the following documents : 0 m ccL 1 . Any and all expert reports in connection with Interrogatory No. 4 . w li Unknown at this time cc a DEF N T, 0 RT DEVELOPMENT COMPANY z z 0 BY ELIZ T . McLAUGHLIN, ESQUIRE Updi ly & Spellacy, P.C. P.O. B x 31277 , One State Street Hartford, CT 06103 548-2600 i i i i i i I i I i I CERTIFICATION I I This is to certify that a copy of the foregoing was mailed, postage oLO prepaid, this day of November, 1986 t all counsel of record. W j o i H K. McLAUGHLIN, ESQUIRE N I 1 � I M j O N_ J W F • C>CO d� ,I UO ~ i W F- V1 w j •y Z }Z J� J U W Y� WO ~ I j= I • I� n j N � M X i O m O � a I • I w �I 2 V w r Q r N w Z O I I I li I f I I I - 3 - William R. Van 'ef of Police Subscribed and sworn to before me this may of December, 1986. otax-y Public t c. � y• 7-own, aie soutA ?dl�zd&>t 1540 SULLIVAN AVENUE SOUTH WIN DSOR, CONN. 06074 ��dsoe•CO AREA CODE 203/644-2511 RICHARD J. SARTOR Town Manager November 12 , 1986 Atty . Ralph Elliot Tyler Cooper & Alcorn CityPlace - 35th Floor Hartford , Connecticut Dear Attorney Elliot : Attached is a memorandum from South Windsor 's Director of Planning , Marcia Banach , in which she responds to several issues you have raised in your recent memoranda , and our telephone conversations . Additionally , I am enclosing the Agreement and Amendment between the Town of South Windsor , and the Town of Manchester , regarding sewer system utilization . Today I received your letter of November 7 concerning the revised State Traffic Commission Certificate of Application . I have immediately forwarded it to staff for review . Very truly yours , Town Manag RJS : prb Attmts . M E M O R A N D U M TO : Richard J . Sartor , Town Manager FROM Marcia Banach , Director of Planning RE : South Windsor-State Traffic Commission Date : November 6 , 1986 A. Letter dated November 3 , 1986 from Ralph Elliott re: Cul-de-sac Slater Street . The STC permit does not require that Slater Street be cul-de-sacced . It provides that , in the event South Windsor decides Slater Street needs to be cul-de-sacced , the developer must do so . This is an unacceptable alternative to South Windsor because Slater Street is a collector street (and thus serves intertown traffic movements) , yet South Windsor has not been given another option . It is our contention that Slater Street should be either properly improved to handle the volume of traffic (along with the other streets that will feed into Slater Street) , or there should be no access from the Mall to Slater Street. B . Letter dated November 3 , 1986 from Ralph Elliott re : 3 party sewage disposal agreement ; DEP suit . The 3-party agreement is our intertown sewerage agreement with Manchester. Fred Shaw indicated that under our intertown sewage disposal agreement , it is highly likely that South Windsor will take the sewage from the Mall (see attached information from Fred) . Thus the Mall would not impact Manchester ' s sewage system -- and it would result in sewers along Buckland Road in South Windsor plus upgrading of the Clark Street pump station . No formal request has been made to South Windsor for sewerage accommodation of Buckland Hills Mall as yet. There is no effect on our court proceeding from the sewerage issue - our intertown agreement provides for a certain amount of flow from Manchester , and they can maximize it all at once or slowly , whichever they prefer . C . Letter dated November 5 , 1986 from Ralph Elliott re : Possible intervention in proceedings before the STC with regard to the application now pending . We do indeed have hard data and concrete suggestions which we would be able to present in a meaningful way to the STC if we are allowed to intervene/participate in the hearing . This information includes : Richard Sartor PAGE 2 ( 1 ) General Plan of Development , Winchester Mall , F.A . Hesketh & Associates, 1984 (prepared by Mall applicants) . Indicates that "development of a system of access roadways without inter-connection to Smith Street , Wheeler Road , or Pleasant Valley Road west of the (Winchester ) site would insure that the entire residential neighborhood is not impacted by new traffic . " The Hesketh report also indicate that building the proposed Connector Road , plus a traffic separation connecting Pleasant Valley Road with Wheeler Road and Connector Road with the remainder of Pleasant Valley Road will isolate the residential neighborhoods. (2) Winchester Development , South Windsor , Ct. , SEA Consultants , Inc . November 1984 (prepared for Town of South Windsor) . This report supports Hesketh ' s conclusions plus indicates that Wheeler Road - Smith Street should be improved ; that Pleasant Valley Road and Clark Street should be separated at their intersection so that Clark Street traffic can only go southeast onto Pleasant Valley and Pleasant Valley Road traffic can only go northeast onto Clark Street ; and that cul-de-sac ' s of Quarry Brook and Margaret Drive may be desirable at some point . (3) Memorandum of Decision , Superior Court , J .D . of Hartford/ New Britain , Docket # CV85-03025375 , Pleasant Valley Et Al vs South Windsor Planning and Zoning Commission , July 23 , 1986 . The judge ruled : "I find that the evidence in the record does not support the Commission ' s conclusion that only improvements seven through nine [ improvements discussed under ( 1 ) & (2) above] are necessary to decrease the traffic impact which would result from the mall . The testimony and reports clearly show that some or all of the other improvements are necessary prerequisites to the opening of a shopping mall in the South Windsor area . " We have diagrams to illustrate all of the above suggested improvements. We do not have a presentation of alternatives readily available for the Slater Street area, as we have never had the Buckland Hills site development information to review and therefore we cannot intelligently develop suggested alternatives. M E M O R A N D U M TO : Marcia Banach , Director of Planning FROM: Fred Shaw, Superintendednt , Pollution Control RE: Buckland Mall , Manchester , Ct South Windsor/Manchester Sewer Agreement DATE: November 7 , 1986 I have studied the South Windsor/Manchester intertown sewer Agreement dated October 12 , 1978 , and as amended on June 11 , 1980 relative to the proposed location for Buckland Mall in Manchester. Under the terms of this Agreement , the Town of South Windsor may be obligated to accept gravity flow from the area in Manchester east of Buckland Road bounded to the north by the town line . This Agreement obligates the Town of South Windsor to accept into its sewerage system an average daily flow of 430 , 000 gallons from several areas along the municipal boundary . Currently , only the Manchester Industrial Park ( 20 , 000 gallons average daily flow) is serviced by the Town of South Windsor under the terms of this Agreement ; therefore , there is a remaining obligation to accept about 400 ,000 per day additional flow. The proposed Buckland Mall should be serviced by a new sewer main constructed along Buckland Road , proceeding northerly in Buckland Road to the intersection of Buckland Road and Deming Street , then proceeding westerly from said intersection along and in Deming Street , connecting to the existing sewer in Deming Street . The design and location for this sewer should be integrated within the plans the Town of South Windsor is now preparing relative to the reconstruction of Buckland Road . Furthermore , the additional flow from the Buckland Mall will require upgrading the capacity of the Clark Street Pump Station . Under the terms of the Agreement , the Town of' South Windsor is required to provide treatment plant capacity for sewage originating from the Town of Manchester ; there is sufficient reserve capacity at the Plant to satisfy this obligation . C . F . Shaw , Supertendent Bureau of Pollution Control i A G R E E M E' N T i This agreement made this/47-It-day of &o/PzA-­, 1978 between the Town of South Windsor, acting by its Sewer Commission and the Town of Manchester, acting by its Town Manager, concerning sanitary sewers in the Chapel Road, Clark Street area, hereby revoking a prior agreement between the parties relative to said area dated March 28 , 1972 . WITNESSETH In exchange for mutual promises , covenants and r consideration hereinafter contained the parties hereto agree as s follows :, i 1. The Town of South Windsor shall own, maintain and s service a sanitary sewer in the Town of Manchester located as follows: Commencing in Chapel Road at the South Windsor Town Line and proceeding easterly in ChaPel Road to the intersection of Chapel Road and Clark Street, thence proceeding northerly LAW OFFICES .from said intersection along and in Clark Street to the [CHARD M.RITTENBAND - - 1734 ELLINGTON ROAD Said UTH WINDSOR.CONN.06O74 sewer is further described on Manchester Town Line. (203)644.2456 a map entitled "Exhibit A" attached hereto and made a Juals No.50412 - - - part hereof , as "Chapel-Clark Sewer. "' 2. The Town of South Windsor will accept into its sewerage system all sewage that will originate from the area of the Town of -2 Manchester shown as "S.W. " on a map attached hereto as "Exhibit A. " The Town of Manchester will accept into its sewerage system all sewage that will originate from the area of the Town of South Windsor shown as "M" on the aforementioned map entitled "Exhibit A. " The provisions of this paragraph are subject to conditions and limitations hereinafter specified. Both Towns agree to construct, maintain any ��?ra -P their sewerage systems to be able to adequately accept the other Town' s sewage as provided and limited herein. Included in the area shown as "S.W. " is the western half of the proposed industrial park in Manchester shown as "Western Half-Industrial Park" on said map; and the Town. of Manchester shall be permitted to make gravity flow trunk or lateral sewer connections from said western half of the industrial park provided that the Town of Manchester, prior to discharging sewerage therefrom, replaces , at its expense, a portion of sani- LAW OFFICES tary sewer on Chapel Road, as shown on "Exhibit B. " RICHARD M.RITTENSAND 1734 ELLINGTON ROAD- 3. Each Town shall be permitted to install other gravity SOUTH WINDSOR,CONN.06074 flow trunk or lateral connecting sewers and make connection there- (203)644-2456 JURIS No.50412 of to the sewerage system in both Towns from the areas in that , Town from which the sewage originates' as shown on "Exhibit A. " All sewers mentioned in this agree_ment-,—except-the._.'_'.h_ peel-Clark r -3 Sewer, " shall become the property of the Town in which it is located, and shall be maintained, serviced, and operated by said Town. Each Town shall _ be permitted to assess benefits against abutting properties within its own Town according to its particu- lar assessment formulas and rates , but may not assess benefits against abutting properties outside of its Town even though said Town may have installed the sewer in the other Town. 4.. All sewer installations shall be subject to the specifi cations regulating such installation in effect at the time of installation, of the Town in which said sewers are installed and _ the location of said sewers shall be subject to the approval of the Town in which they are installed, which approval will not be unreasonably withheld. 5. The Town receiving sewage.- shall be permitted to charge connecting properties from which said sewage originates all pre wailing connection (outlet) charges of said Town in effect at the LAW OFFICES RICHARD M. RITTENBAND time of such connection; and said Town receiving sewage shawl be 1734 ELLINGTON ROAD ;OUTH WINDSOR.CONN.06074 permitted to charge 'use charges , which .shall include industrial (203)644.2456 - - - JuRIs No.50412 cost recovery charges , against any such properties in accordance with its prevailing use and industrial cost recovery charge schedules and as they may be changed from time to time. Said charges by said Town shall be the same as that charged against proPerties in its Town. All such charges shall be levied by -4 the Town receiving the sewage directly to and payable by the Town from which the sewage originates. 6. Each Town shall cooperate with the other Town to obtain necessary easements for the construction, maintenance and use of! said sewers provided the. Town installing said sewers for which the easement is required shall bear the costs and expense of acquiring the necessary easements for said sewer. 7. Each. Town shall, at the time of installation of said sewers , construct, at its own expense, sanitary sewage meters to accurately measure the quantity of sewage originating within its Town provided, however, that no meter shall be required if the usage of said sewer is so minimal as to make construction of a meter economically unjustifiable. Where no meter is required, the sewer use charge shall be made on a per-dwelling basis , or shall be based on water usage as mandated by the Town receiving LAW OFFICES the sewage. - RICHARD M.RITTENBAND - - 1734 ELLINGTON ROAD 8. The quantity of sewage. that may be discharged into and OUTH WIN OSOR.CONN.06074 - accepted by the South Windsor sewer system from areas designated (203)644.2456 .1URIs NO.50412 on "Exhibit A" as "S.W. " will be limited to an average of 430 ,000 gallons per day with a maximum peak flow of 1,616 ,000 gallons per day. �'� ,(it `�0 - v -5- _ 9. The quantity of sewage that may be discharged into and accepted by the Manchester sewage system from areas delineated on "Exhibit A as "'MI' will be limited to an average of 183 ,000 gallons per day with a maximum peak flow of 732 ,000 gallons per day. 10/ The sewage discharged into each system shall meet the quality standards as set forth by the rules and regulations regarding such discharges in effect at the time of discharge, of the: Town accepting said sewage, provided said rules and regula- tions shall be the same for sewage originating in both Towns. 11. This agreement shall remain in effect indefinitely. However, it may be terminated"by either party in the event of a material breach of this agreement by the other party, upon two (2) years ` written notice to the party committing the breach. 12. Anything to the contrary notwithstanding, the Town of LAW OFFICES Manchester will pay to the Town of South Windsor, in a lump sum, :HARD M. RITTENBAND 1734 ELLINGTON ROAD the connection (outlet) charge specified in paragraph 5 hereof on - rH WINDSOR.CONN.06074 all of the acreage in the western half of the Manchester Industria (203)644.2456 JURIS No.50412 Park, amounting to 140 acres.-:more or less ,- at the time of the - - - initial connection of-- any sewer line in or from Manchester to the Chapel-Clark sewer. In the event any land is taken from such western half of the industrial park to be used for the I-291 high- way corridor, the Town of South Windsor agrees to reimburse the Town of Manchester $1 ,000. 00 for each acre so .taken. ) i 1 5 rez— -6- i r Dated at Manchester, Connecticut this /Zh�day of QCvakx_' , 1978.` l WITNESSED BY: TOWN OF MANCHESTER .:?' j"j Ro ert D. Weiss General Manager � �A•, o �al-c.c�� Duly Authorized Dated at South Windsor Connecticut this day of d1-/0Z21L_1 1978 WITNESSED BY: TOWN OF SOUTH WINDSOR Richard Reeves , Chairman South Windsor Sewer Commission Duly Authorized LAW OFFICES - 1AR0 M.RITTENSAND - 734 ELLINGTON ROAD - - i WINDSOR.CONN.06074 . (203)644.2456 - JURls No.50412 - t. NOTES I SEWER TO BE REPLACED -580 FT. 2. EXIST. 27" SEWER PROPOSED TO BE REPLACED WITH 36 SEWER. ST ti sMrrH s� o � r i / ROQO O� f M. H. STA. 6 t 0 pSO EXIT. CAP. 7.3 -CFS DESIGN CAP. 8.4 CFS RDq p MP M. H. STA. 9+61 o M.H. STA. 11 + 80 J p EXIST CAP. 6.6 CFS DESIGN CAP, 8.4 CFS SST Ems..• MANCHESTER .•�•�"" y INDUSTRIAL I gURNHAM m• tD��2 S •� C —:--- RTIFORD 's' N SOUTH WINDSOR-MANCHE! EAST �,n 0- SANITARY SEWER AGREEME a EXHIBIT "B" 'Y,t' p ♦ • �j • : J 1) Hill 10 MM o e 0Qs 01 y ! a 4- ,, A V f i v� O P O , • ,.. t . • O • . .., SEW . : - , 0-1 rr rf , - L.. s(' 14 i a+4 i' 1 t. y .r r- JJ c i r • _ .v .. . - --a. -, ate. .. S- .. _ _ ..-•. » .. -.:`. ',- .J�J• x I - .. j a t n ! •� ;� � (�� LEGEND S.W.- AREA TO FLOW TO SOUTH WINDSOR a .. ', tG•.: �< ,430 DAILY = 000 GALLONS P :,- c�:; s• AVE. lt,_ . �., ,; Af, _.* ;�:- � �° g•� ' - -� MAX.DAILY - I616000GALLONS AREA TO FLOW M_ TO MANCHESTER -,- � •• .}. _ •- ;,a ; rthw� �„-,r .�` �.'. ,.... - AVE. DAILY 183,000 GALLONS �, - yy ft_,. y-ky •_t S _F� -..ti _rj _v;,t't `_1� ;a, •-. -• 1: . •: •♦-• o MAX.DAILY 732,000 GALLONS t � AVE.DAILY IS TO BE BASED ON THE TOTAL YEARLY FLOW DIVIDED BY Y 65 DAYS - , , • f w - SOVINDSOR - MANCHESTER + SANITARY SEWER AGREEMENT EXHIBIT A /�'� / \ \``\ ! ,j• �t.: •�`a .� a .� ■� i '"` SCALE: 1f 800 DATE: 6/78 A G R E E M E N T This agreement made this1r day of 19ro 'by and between the Town of South Windsor, acting by its Sewer Commission, the Town of Manchester, acting by its Town Manager, and The Eighth Utilities District, a body politic and corporate and incorporated by Act of the Connecticut General Assembly, hereinafter called "District", acting herein by its President and Directors, WHEREAS, the Town of South Windsor and the Town of Manchester entered .into an agreement dated October 12, 1978 concerning sanitary sewer service for both towns, and t f WHEREAS, the parties hereto agree that said agreement should be amended in certain respects, ' S i • � i Its is herebv agreed, in exchange for mutual promises, covenants .and con- sideration, hereinafter set forth.that said agreement is amended as follows: 1. District is hereby made a party to said agreement, and anything to ! 1 the contrary notwithstanding; a) . The obligations of and the benefits to the Town of Manchester in said October 12, 1978 agreement are hereby assumed and accepted by District as to those areas now or hereafter located in said District, except that, since ' it is the Sewerage Treatment Plant operated by the Town of Manchester that will 4 accept the sewerage originating from the Town of South Windsor, the connection and user charges for such sewerage specified in paragraph number 5 of said agreement shall be charged by the Town of Manchester even though said sewerage may flow through District; and except for the provisions of paragraph number 12. However, nothing herein shall be construed as relieving the Town of Manchester from any of its obligations specified in said agreement as amended. b) . District will permit the installation of sewers by the Town of South Windsor, its duly authorized agents, assigns or designees, within the r area now or hereinafter designated as said District and will permit utilization` of and connection to sewers then existing within said 'District by the Town of South Windsor, its agents, assigns or designees to carry, sewerage to the Manchester Treatment Plant from the area in South Windsor designated in said agreement in accordance with the terms of said agreement. 2. If the sewage treatment plant operated by the Town of Manchester is unable to accept sewage originating from the Town of South Windsor as designated in said agreement as amended in accordance with its obligations under said agreement as amended because of court action, inadequate capacity of said plants Federal or State governmental order, or breach of said agreement as amended by jj the Town of Manchester, the Town of Manchester will be required, in addition tol ' 'any other damages to the Town of South Windsor for which it may be liable, to design,. acquire, construct, operate and maintain a pumping station and forced man and any other facilities and/or sewer lines necessary for said sewerage that it cannot accept to flow into the South Windsor sewerage system to the South 1 _ i Windsor Treatment Plant, i, In the event of any breach of this agreement by the District, nothing provided herein shall be construed to relieve the District of liability here- under. }. it And,, similarly, if the Town of South Windsor is unable to accept into it i P s sewerage treatment plant sewerage originating from the Town of Manchester or District as designated in said agreement as amended in accordance with its j �i obligations under said agreement because of court action, inadequate capacity of the plant, Federal or State governmental order, or breach of said agreement i 1 as amended by the Town of South Windsor, the Town of South Windsor will be re- quired, in addition to any other damages for which it may be liable to the ' i Town of Manchester or the District, to design, acquire, construct, operate, and maintain a pump station and forced main and any other facilities and/or sewer 2 _ f j; i f } i f t ee 1 lines necessary for said sewerage it cannot accept to flow into the District and/or Manchester to the Manchester Treatment Plant. The requirements specified in this paragraph are in addition to anv other . remedies the parties may have under the terms of the agreement as amended. 3. The Town of Manchester, the District or their duly authorized agents or designees, shall install at their own expense and gravity flow trunk or lateral connecting sewers within the Town of South Windsor necessary to carry 1 sewerage originating from the areas of the Town of Manchester and District f designated in the agreement as amended to the South Windsor sewerage treatment r; plant and make any connection thereto at their own expense, and in no event ` 'shall any of said cost of installation or connection be borne by the Town of , 1` South Windsor. However, the Town of Manchester the District or their duly authorized agents or designees may, for the said purpose of carrying sewerage j .from the said areas of Manchester and the District to the South Windsor treat- ment plant utilize sewer lines existing within the Town of South Windsor at the ; 3 f time said sewerage is to be so carried, and may connect thereto at their ,own �! expense. Additionally, nothing herein shall be construed as relieving the Town tl . of Manchester of its obligations to pay for the installation of sewer lines and the making of connections from the western half of the industrial park and re } placing, at its own expense, a portion of sanitary sewer on Chapel Road, all as ii specified in paragraph 2 of the agreement of October 12, 1978. e� The Town of South Windsor, or its duly authorized agents or designees, g shall install at their own expense any gravity flow trunk or lateral connecting sewers within the Town of Manchester or the District necessary to carry sewerage originating from the area of South Windsor designated in the agreement as amend-' ed to the Manchester sewerage treatment plant and make any connection thereto at their own expense, and in no event shall any of said cost of installation or connection be borne by the Town of Manchester or the District. However, the f 3 - d 9 t ' k Town of South Windsor, its duly authorized agents or designees may, for the said purpose of carrying sewerage from the said area of South Windsor to the Manchester treatment plant, utilize sewer fines existing within the District of Town of Manchester at the time said sewerage is to be so carried, and may connect thereto at their own expense. 4. All other terms and conditions of the agreement dated October 12, 1978 shall remain -in full force and effect. Dated. at Manchester, Connecticut this f/ day of r�--•C,l,t, _ , 19M :1 Witnessed By: TOWN OF MANCHESTER i BY: I Ro ert B. Weiss, General Manager duly authorized i1 Dated at._f�-. �• *�J..rc.. , Connecticut this day of ./f , 1979 Witnessed By: TOWN OF SOUTH WINDSOR !1j Walter Pekala, Chairman Sewer i i Commission of South Windsor duly i t authorized lj Dated at Manchester, Connecticut this /.3 day of (4(''YLL�. r !: Witnessed By; THE EIGHTH UTILITIES DISTRICT ' Its President, ,it duly authorized J Direc or is � R i 1 M .�1 1 6� f. • TYLER COOPER & ALCORN COUNSELLORS AT LAW HUGH MEADE ALCORN.JR. BARRY C.HAWKINS CITYPLACE WILLIAM R.MURPHY IRVING S.SCHLOSS MILTON P.DEVANE JON T.HIRSCHOFF 35TH FLOOR 205 CHURCH STREET JOHN H.FILER WILLIAM H.CHAMPLIN,III P.O.BOX 1936 RICHARD G.BELL TIMOTHY W.BINGHAM HARTFORD, CONNECTICUT 06103-3488 NEW HAVEN,CONNECTICUT 06509 WILLIAM S.ROGERS DAVID W.SCHNEIDER RALPH G.ELLIOT CARTER LAPRADE (203) 522-1 2 1 6 (203)789-0700 GORDON S.FERGUSON ROBERT L.KEEPNEWS MICHAEL J.DORNEY TELECOPIER (203) 278-3802 TELECOPIER 203)777-1181 RICHARD W.BOWERMAN SAMUEL W.BOWLBY GEORGE E.O'BRIEN,JR. BRUCE LEWELLYN ROBERT J.METZLER.11 ROBERT K.CIULLA RONALD J.COHEN 3 LANDMARK SQUARE JOSEPH C.LEE MARGARET P.MASON STAMFORD.CONNECTICUT 06901 JAMES G.KENEFICK,JR. (203)348-5555 WILLIAM W.BOUTON,111 EMMETT E.BROWN,III TELECOPIER(203)348-3875 VERONICA M.FALLON ALAN J.SOBOL• KATHY KIEFER PRIEST MICHAEL B.DASHJIAN SUFFIELD VILLAGE ALICE A.BRUNO SARA CHURCH DINKLER RICHARD F.ORR JUDITH A.RAVEL SUFFIELD.CONNECTICUT 06078 MARY BETH FREDERICK KAREN KAPEL ASTRACHAN MARK V.CONNOLLY SHEILA M.COOLEY (203)668-7326 WILLIAM S.FISH,JR. MARGARET A.LITTLE CHARLES W.LLEWELLYN BEN A.SOLNIT November 11, 1986 OF COUNSEL KEVIN McCANN PAUL A.MITCHELL ROBERTA L.MCCAW JEAN L.KELLY HENRY W.PASCARELLA,P.C. STANLEY E.PARESE MARK A.MILANO 2 GLEN COURT.P.O.BOX 1038 IJVIADAVID D. WIESE MARSHALL J.TOUPONSE GREENWICH.CONNECTICUT 06836 DAVI D.B IESE LAR 'NOT ADMITTED IN CONNECTICUT (203)869-2000 Richard Sartor, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Town of South Windsor v. State Traffic Commission ,PRIVILEGED AND CONFIDENTIAL Dear Dick: You will recall that a while ago I suggested copy from the people in Manchester of the plansfiledtbyoHomaet rta there. That becomes even more important as a result of some information I have received. That information suggests to me that the new plans for a revised plan of development now on file in Manchester differ not only from the original plan of development on which the STC granted its certificate in June, but also from the revised plan of development that Homart has just submitted to the STC in support of its new application for a revised certificate. I am informed that there are things on the Manchester-filed revised plan that are not shown on the STC-filed revised plan, which may indicate a strategy on the part of Homart to get piecemeal STC approvals. In considering our active intervention in the STC proceedings, it may be appropriate for us to consider in addition a petition to intervene before the STC under General Statutes Section 22a-19, which gives "any political subdivision of the State . . . any person, partnership, corporation . . . " etc. the right to intervene as a party "on the filing of a verified pleading asserting that the proceeding or action for judicial W review involves conduct which has, or which is reasonably likel to have, the effect of unreasonably Polluting, y destroying the public trust in the air, water ormothernnator ural resources of the State. " r f Richard Sartor November 11, 1986 Page 2 I suggest that you have your Planner or other appropriate people look into this to see if we can sustain such a claim on the part of the Town. If we can, that may be yet another arrow in our quiver in seeking to intervene before the STC, and is the sort of thing that the STC would be hard put under the Statute to prevent our doing. Sincerely, RGE:j rc IF TYLER COOPER & ALCORN COUNSELLORS AT LAW HUGH MEADE ALCORN,JR. BARRY C.HAWKINS CITYPLACE 205 CHURCH STREET WILLIAM R.MURPHY IRVING S.SCHLOSS 35TH FLOOR P.O.BOX 1936 MILTON P.DEVANE JON T.HIRSCHOFF JOHN H.FILER WILLIAM H.CHAMPLIN,III HARTFORD, CONNECTICUT 06103-3488 NEW HAVEN,CONNECTICUT 06509 RICHARD G.BELL TIMOTHY W.BINGHAM WILLIAM S.ROGERS DAVID W.SCHNEIDER (203) 522-1 2 1 6 (203)789-0700 RALPH G.ELLIOT CARTER LAPRADE TELECOPIER(203)777-1181 GORDON S.FERGUSON ROBERT L.KEEPNEWS TELECOPIER (203) 278-3802 MICHAEL J.DORNEY RICHARD W.BOWERMAN SAMUEL W.BOWLBY GEORGE E.O'BRIEN,JR. 3 LANDMARK SQUARE BRUCE LEWELLYN ROBERT J.METZLER.II ROBERT K.CIULLA RONALD J.COHEN STAMFORD,CONNECTICUT 06904 JOSEPH C.LEE MARGARET P.MASON (203)348-5555 JAMES G.KENEFICK,JR. TELECORER(203)348-3875 WILLIAM W.BOUTON,III EMMETT E.BROWN,III VERONICA M.FALLON ALAN J.SOBOL' SUFFIELD VILLAGE KATHY KIEFER PRIEST MICHAEL B.DASHJIAN SUFFIELD,CONNECTICUT 06078 ALICE A.BRUNO SARA CHURCH DINKLER RICHARD F.ORR JUDITH A.RAVEL (203)668-7326 MARY BETH FREDERICK KAREN KAPEL ASTRACHAN MARK V.CONNOLLY SHEILA M.COOLEY WILLIAM S.FISH,JR. MARGARET A.LITTLE November 11' 1986 OF COUNSEL CHARLES W.LEEWELLYN BEN A.SOLNIT HENRY W.PASCARELLA,P.C. KEVIN MCCANN PAUL A.MITCHELL ROBERTA L.McCAW JEAN L.KELLY 2 GLEN COURT,P.O.BOX 1038 STANLEY E.PARESE MARK A.MILANO GREENWICH.CONNECTICUT 06836 DAVID J.WIESE MARSHALL J.TOUPONSE LIVIA D.BARNDOLLAR (203)869-2000 'NOT ADMITTED IN CONNECTICUT Richard Sartor, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Town of South Windsor v. State Traffic Commission PRIVILEGED AND CONFIDENTIAL Dear Dick: I enclose to you a copy of a set of interrogatories consisting of four questions and a production request propounded to the Town, and a separate one to Chief Ryan, in the above-entitled action. The discovery rules provide that discovery is permitted "in any administrative appeal where the court finds it reasonably probable that evidence outside the record will be required. . ." Practice Book Section 218 . While no court has so found, clearly we shall need to introduce evidence in our case at the trial court; and therefore I think we should answer these interrogatories and treat their having been asked as in a sense a concession by the other side that evidence will have to be produced (as opposed to deciding the case on the record that was made before the STC in our absence) . I should appreciate your and Chief Ryan's supplying me with the answers to these interrogatories, and doing so within ten days. While the answers obviously should be yours and his, I think that in the interrogatory directed to the Town, the answer to the first question should be you and in the interrogatory directed to him the answer to the first question should be Chief Ryan; and the answer to the fourth question in both interrogatories should be that we do not know the identity of any expert at this time or any of the other matter as to which they inquire. I do not know the answers to the second and third questions. IF Richard Sartor November 11, 1986 Page 2 When you have supplied me with the answers to these questions, I, who have retained the original of the interrogatories, will put them in appropriate form and then submit them to you and Chief Ryan for signing before a notary public. Sincerely, RGE:j rc Enclosures j%� TYLER COOPER & ALCORN COUNSELLORS AT LAW HUGH MEADE ALCORN,JR. BARRY C.HAWKINS CITYPLACE 205 CHURCH STREET WILLIAM R.MURPHY IRVING S.SCHLOSS 35TH FLOOR - P.O.BOX 1936 MILTON P.DEVANE JON T.HIRSCHOFF JOHN H.FILER WILLIAM H.CHAMPLIN,III HARTFORD. CONNECTICUT 06103-3488 NEW HAVEN,CONNECTICUT 06509 RICHARD G.BELL TIMOTHY W.BINGHAM 2031789-0700 WILLIAM S.ROGERS DAVID W.SCHNEIDER (203) 522-1 21 6 RALPH G.ELLIOT CARTER LAPRADE TELECOPIER(203)777-1181 GORDON S.FERGUSON ROBERT L.KEEPNEWS TELECOPIER (203) 278-3802 MICHAEL J.DORNEY RICHARD W.BOWERMAN SAMUEL W.BOWLBY GEORGE E.O'BRIEN,JR. 3 LANDMARK SQUARE BRUCE LEWELLYN ROBERT J.METZLER.II ROBERT K.CIULLA RONALD J.COHEN STAMFORD,CONNECTICUT 06901 JOSEPH C.LEE MARGARET P.MASON (203)348-5555 JAMES G.KENEFICK,JR. TELECOPIER(2031 348-3875 WILLIAM W.BOUTON.III EMMETT E.BROWN.III VERONICA M.FALLON ALAN J.SOBOL' SUFFIELD VILLAGE KATHY KIEFER PRIEST MICHAEL B.DASHJIAN SUFFIELD.CONNECTICUT 06078 ALICE A.BRUNO SARA CHURCH DINKLER RICHARD F.ORR JUDITH A.RAVEL (203)668-7326 MARY BETH FREDERICK KAREN KAPEL ASTRACHAN —_ MARK V.CONNOLLY SHEILA M.COOLEY OF COUNSEL WILLIAM S.FISH,JR. MARGARET A.LITTLE November 10, 1986 CHARLES W.LLEWELLYN BEN A.SOLNIT HENRY W.PASCARELLA.P.C. KEVIN McCANN PAUL A.MITCHELL ROBERTA L.McCAW JEAN L.KELLY ��7� 'p�7-I(�j7�7 IT7�}� 2 GLEN COURT,P.0.BOX 1038 STANLEY E.PARESE MARK A.MILANO CERTIFIED MAIL RETL .V RECEIPTRE�yED GREENWICH.CONNECTICUT 06836 DAVID J.WIESE MARSHALL J.TOUPONSE 2031869-2000 LIVIA D.BARNDOLLAR 'NOT ADMITTED IN CONNECTICUT Richard Sartor, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Dick: I enclose a copy of the letter from Chemical Bank to me dated November 7, together with the original of the extension of the letter of credit to December 11, 1987, enclosed with that letter. Sincerely, RGE:jrc Enclosures �.o CKMICAL. .PIM Real Estate Division Stephen D. Plavin 633 Third Avenue,New York,NY 10017 Tel:(212)8788969 Real Estate Finance Officer NoverLer 7, 1986 Ralph G. Elliot, Esq. Eyler Cooper & Alcorn CityPlace, 35th fl. Hartford, C� 06103 RE: Tam of South Ilindsor, U2 Letter of Credit Extension Dear Hr. Elliot: Pursuant to the reruest of James PI. Barlley of Helvin Simon & Associates, Inc., enclosed please find a letter of credit amendment extending the expiration date to December 11, 1987 for Cl:enical Bank L/C No. B-264645 in favor of the '.'am of South Windsor, Connecticut. Sincerely, 9 ctephen D. Plavin SDP:gr Enc. cc: James 11. Bartley, Esq. Elliott Freed CKMICALBANC NOVEMBER 061 1986 Trade Services Group L/C NO.: B-264648 P.O. Box 44, Church Street Station AMENDMENT NO: X3 cn� New York, N.Y. 10008 Cable Address: Chemsarn New York �-- Advising Bank y APPLICANT: DIRECT TYTYY�MYY;� ;r MELVIN SIMON E ASSOCIATES9 INC. MERCHANTS PLAZA 115 W. WASHINGTON ST INDIANAPOLIS9 IN 46204 M Beneficiary THE TOWN OF SOUTH WINDSOR9 IL CONNECTICUT TOWN HALL � 540 SULLIVAN AVENUE r SOUTH WINDSOR9 CONNECTICUT ' 0 IN ACCORDANCE WITH INSTRUCTIONS RECEIVEDY THE ABOVE—REFERENCED LETTER OF CREDIT HAS BEEN AMENDED AS. FOLLOWS: 1 — THE EXPIRATION DATE IS EXTENDED TO DECEMBER 119 1987. 2 — ANY REFERENCE IN THIS" LETTER, OF CREDIT AS AMENDED9 TO THE EXPIRATION DATE OF DECEMBER 119 19867 IS DELETED AND SUBSTITUTED BY DECEMBER 119 1987. ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED. ,v i I -a Auth Ized Slanature B-264648— —008—A1-01-01-01 Provisions appllcablo to this credit _ 1 This credit is subject to the Uniform Customs and Practice for Documentary Credits(1983 Revision.) International Chamber of Commerce Publication No.400. TYLER COOPER & ALCORN COUNSELLORS AT LAW HUGH MEADE ALCORN,JR. BARRY C.HAWKINS CITYPLACE 205 CHURCH STREET WILLIAM R.MURPHY IRVING S.SCHLOSS 35TH FLOOR P.O.BOX 1936 MILTON P.DEVANE JON T.HIRSCHOFF JOHN H.FILER WILLIAM H.CHAMPLIN,III HARTFORD, CONNECTICUT 06 1 03-3 488 NEW HAVEN,CONNECTICUT 05509 RICHARD G.BELL TIMOTHY W.BINGHAM WILLIAM S.ROGERS DAVID W.SCHNEIDER (20,3) 522-1 21 6 (203)789-0700 RALPH G.ELLIOT CARTER LAPRADE TELECOPIER(203)777-1181 GORDON S.FERGUSON ROBERT L.KEEPNEWS TELECOPIER (203) 278-3802 MICHAEL J.DORNEY RICHARD W.BOWERMAN SAMUEL W.BOWLBY GEORGE E.O'BRIEN.JR. 3 LANDMARK SQUARE BRUCE LEWELLYN ROBERT J.METZLER,II ROBERT K.CIULLA RONALD J.COHEN STAMFORD,CONNECTICUT 06901 JOSEPH C.LEE MARGARET P.MASON (203)348-5555 JAMES G.KENEFICK,JR. TELECOPIER(203)348-3875 WILLIAM W.BOLTON.III EMMETT E.BROWN.III VERONICA M.FALLON ALAN J.SOBOL' SUFFIELD VILLAGE KATHY KIEFER PRIEST MICHAEL B.DASHJIAN ALICE A.BRUNO SARA CHURCH DINKLER SUFPIELD,CONNECTICUT 06078 RICHARD F.ORR JUDITH A.RAVEL (203)668-7326 MARY BETH FREDERICK KAREN KAPEL ASTRACHAN MARK V.CONNOLLYR. SHEIMAR A M. A.LIT November 7, 1986 OF COUNSEL WILLIAM S.FISH,JR. MARGARET A.LITTLE CHARLES W.LLEWELLYN BEN A.SOLNIT HENRY W.PASCARELLA,P.C. KEVIN McCANN PAUL A.MITCHELL ROBERTA L.McCAW JEAN L.KELLY 2 GLEN COURT.P.0.BOX 1038 STANLEY E.PARESE MARK A.MILANO GREENWICH.CONNECTICUT 05836 DAVID J.WIESE MARSHALL J.TOUPONSE LIVIA D.BARNDOLLAR (203)869-2000 'NOT ADMITTED IN CONNECTICUT Richard Sartor, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Town of South Windsor - State Traffic Commission - Buckland Hills PRIVILEGED AND CONFIDENTIAL Dear Dick: I have obtained from the State Traffic Commission, and enclose to you a copy of, the new Buckland Hills application for a traffic certificate, which is now under review. It is important that your Planner, Police Chief, and others promptly review this in detail and ascertain what problems, if any, this application if granted would cause South Windsor, and what we would want the State Traffic Commission to do to prevent that harm. That is to say, your local experts should be preparing our case promptly. I note that in the memo from Mr. Stoeckert to Mr. D'Addabbo dated October 30, he notes a 120 day review period, expiring February 25, 1987; and therefore is targeting an agenda of February, 1987, for STC action. I am confident that the "action" he is contemplating did not, as of October 30, include an adversary hearing with South Windsor participating. If that occurs (as we have requested) it might move things up a bit. That is why you need to start work on this now. Sincerely, RGE:jrc Enclosure ti /,? S/ October 30, 1986 Mr. Stephen F. Mitchell, P.E. Fuss b O'Neill, Inc. . 210 Main Street Manchester, Ct. 06040 Re: STC# 076-8610-02 Dear Mr. Mitchell: Subject: Certificate Application Buckland Hills Expansion Tam of Manchester The Application for Certificate and supporting data submitted pursuant to Section 14-311 of the General Statutes of Connecticut as revised, will be reviewed by the Department of Transportation. You will be advised by this office if additional information is re- quired. Upon oompletion of the review, a report will be prepared for Presentation to the State Traffic Commission. The owner, tam officials and you will be advised of the sub- sequent action of the Commission. Very truly yours, FBRohde/bc ld Z William W. Stoeokert Executive Director cc: Chief Robert D. Lannan Mr. Russell Davidson Hamart Development Co. bec: Robert W. Gubala Earle R. Munroe James F. Sullivan Frank M. D'Addabbo- Please investigate for STC. 566-5228 FUSS&O'NBLL consulting engineers October 23 , 1986 85-315 Mr . William W. Stoeckert Executive Director State of Connecticut Traffic Commission 24 Wolcott Hill Road P.O. Drawer "A" Wethersfield , CT 06109 RE: Certificate No . 603 , Buckland Hills ,Manchester, Connecticut Dear Stoeckert: In response to your request for additional information , we are enclosing F:;ur ( 4 ) copies of the following items for your use: Application Form Figure 10A-R through 1QI-R - 1989 P.M. Combined Peak Hour Traffic Volumes Figure 11A-R through 111-R - 1989 Saturday Combined Peak Hour Traffic: Volumes Capacity Analysis Worksheets The revised combined trafic plates show both the previously reported combined peak hour traffic volumes and the new peak hour traffic volumes , resulting from the increase in mall size to 785 ,000 square feet . The old numbers have been crossed out and the new numbers added to these plates so .that a comparison can be made between them. Capacity analyses for the peak hour combined traffic volume conditions have been conducted at the four intersections closest to the site , where the largest percentage of site generated traffic will result . The results of these analyses are as follows: INTERSECTION LEVEL OF SERVICE/V/C RATIO P.M. SAT . pIECE1VED ORIG. REPORT* REVISED ORIG. REPORT* REVISED Pleasant Valle & C B/0 .64 C B/0 .53 I-8 4 W OAT ►09 1 Pl e a s Z k7E1Wf%y0�An��10& C C/0.6 6 C C/0 .7 3 Buckland St. 210 MAIN STREET / MANCHESTER, CONN. 06040 / TELEPHONE (203)646-2469 SOLID WASTE MANAGEMENT•WASTE WATER SYSTEMS•EROSION CONTROL•WATER SYSTEMS•HYDROLOGY and DRAINAGE SYSTEMS•SITE PLANNING HIGHWAYS and BRIDGES•SURVEYING•LANDSCAPE ARCHITECTURE•TRANSPORTATION and TRAFFIC• PUBLIC WORKS MANAGEMENT•HYDROGEOLOGY y.i l FUSS&O'NEIL U Mr . William W. Stoeckert Page 2 October 23 , 1986 INTERSECTION LEVEL OF SERVICE/V/C RATIO P.M. SAT . ORIG . REPORT* REVISED ORIG. REPORT* REVISED Buckland St . & C A/0 .47 C B/0 .50 South Access Rd . Suckland St . & C/D B/0 .68 C B/0 .51 7-84 Ramps * Original report used 1965 Highway Capacity Manual Techniques . By comparing the levels of service provided , it is demonstrated that the additional traffic generated by the change in mall size will have no adverse impact on the intersections immediately surrounding the site . At other intersections , which are further away , the amount of additional site generated traffic is so small that it can be safely disregarded . It is clear that no substantial impact will result at any of the intersections surrounding the site because of the introduction of additional traffic generated by this increased development. We trust that this information will be suitable for your needs . However, if you require any additional information or if you have any questions, please contact us at any time . Very truly yours Ste hen F. Mitchell , P.E. Director of Traffic Section /dkh 5 .45 Enclosure cc: Joe LeDuc Ron Berliant Dave Waterman Frank Castrillon Tom De Mille subject Certificate Application z STATE OF CONNECTICUT Buckland Hills Expansion DEPARTMENT OF TRANSPORTATION Town of Manchester STC# 076-8610-02 memorandum OM- REV. 12/83 date October 30, 1986to 1 Frank M. D'Addabbo from William W. Stoeek ex 228 Manager of Traffic Executive Directo L' State Traffic Commission Enclosed are Application for Certificate, plans and traffic data for the subject development. Please review and comment upon completeness of application within ten days of receipt of this request. The 120 day review period for this application expires February 25, 1987. Therefore, to allow the State Traffic Commission to make a decision within that time period, the target agenda is February, 1987. Enclosures: ' cc: James F. Sullivan- Please verify volumes within ten days of receipt. i . STATE OF CONNECTICUT „ENINERS I' Comrer.wroer o!Tr.w.fwnawr, TRAFFIC COMMISSION ComrrowdoerofPu.IrcS.uty Department of Transportation Co!"r"r•wrreer of Naor teArcke 24 Wolcott HiU Road • P.O. Drawer A Wethersfield. Connecticut 06109 Date October 24, 1986 APPLICATION FOR CERTIFICATE In accordance with Section 14-311 of the General Statutes of Connecticut, as revised, and State Traffic Commission regulations, a Certificate is hereby requested for: Name of Facility:_ Buckland Hills Location: Buckland Street Town and Zip Number: .Town of Manchester, 06040 Square Feet' of Gross Floor Area:_785.000 S.F. Mall (35,000 S.F. IncreasE Number of Puking Spaces: 4302 Start Of Construction f Date) Snrimr 1987 Opening Dane: Fall 1 88 • .r Owners s Name: Homart DeveloTment to-. .&.idan-ches_t<er' I-84 Associates Owner's Address. 99 E. •Center:Street Town, State & Zip e-r Manchester, CT 06040 Authorized Representative, tO be contacted during review of application.' • Name: Stephen F. Mitchell, P.E. , Fuss & O'Neill, Inc. Address: 210 Main Street " Town, State &. Zip Number-: Manchester CT 06040 Phone: (20.3) 647-0799 Enclosed are eight (8) sets of the proposed development showing the intorlaation 'required. (see attached) SITE PLAN REQUIREMENTS checklist to be included with application. Agent for owner 1 1 4 sG /L9 Z \ 9F �e I O� do f ELLINGTON RD. s W2 -� W 3 4J9 55 —7 ix p frNo ")w � R� v IN � N 2 Q J � ' Y U a 9�tRD. PLEASANT VALLE�f 6V N '�- e�- le t I$ . JL-84 W8. EXIT I-84 W.B. ENTRANCE FIG. NO. IOA-R 0 'NBLL WAMCNEiTE1F. CONIIECTICUT 1989 P.M- COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL AT BUCKLAND HILLS MANCHESTER,CONNECTICUT ►•W no 85-315 DATE SEPT 19815 SCALC 5 o=1 h M N $ 129 J l A 5W -5" .w—*?-LL 805 PLEASANT VALLEY RD f—"93 DRIVEWAY TO SITE 639 1e*29 ��- 4 97 � r � N N � 1 Z a J Y ' v m M0 co RO Lo DRIVEWAY TO SITE 484 &44 0--4 467 43a- co r 140 m cr. 1 W H � M J N. N FIG. NO. 108-R FUSNC S&Owau C U T 1989 PM. COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL AT BUCKLAND HILLS MANCHESTER, CONNECTICUT r*OJ Mo 4 5-315 GATE SEPT. 1985 SCALE 4---440 77445'.� DEMING i-e♦305 ST. 905-.�--► r 0 0 T � N Ul J Q a a m 1� N �gT ee 214 " 95 DR WAY TO SfTE 1r . o _ Zl 0 ofJ � Y m _ FIG NO. IOC-R Q J V 1t C`S&O', C,� p�L NNECTICUT 1989 P.M. COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL AT BUCKLAND HILLS MANCHESTER,CONNECTICUT POW Mo 85-315 OAT[ SEPT 1985 SCALE r x '7 40 to W 1 ' Q N in JiL f-544 852 DEMING f---240 ST. 1274 14 3--? IIWoo 1110 21 ti 1n Z-84 W.B. EXIT I-84 W.B. ENTRANCE - m N 1 � I-84 E.B. EXIT of o I-84 E.B. ENTRANCE H 1 Z JiN FIG NO IOD-R Y v FUSS&O'NE 1 I YANCHESTER. CONNECTICUT 1989 PM. COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL AT BUCKLAND -HILLS MA NCHESTER,CONNECTICUT �_mw 04085-315 DATE SEPT 19813SCALE y v, o a 1 J / Y U M (� O A ti M N M �137 0 --181 4-471 TOLLAND f-153 TPKE. 1436 546 544. t45% 504— 386cr� 0 co 14 w A N H a Vf W N Z m Of N cr W H Moof Q N N N . �jas �31T IZg TPA TQ�-LAID 4Z� ' its FIG. NO. 10 E-R N'"CNE1TE11. COMMIECTICUT 1989 PK COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL AT BUCKLAND HILLS MA NCHESTER,CO NNECT IC UT IRCd 010 85-315 oATE SEPT 1985 SCALE r-l20 145 25 TPKE. TOLLpND 200 408 �� 20 8 —� � N - H Z 0 N Z N Q 1-8 4 E.B. EXIT I-84 E.B. ENTRANCE ioa . sr f -307 TOLLAND TPKE. 1265 541$6b_� m n to o _ G. NO.IOF-R Q Cf Y m ,l FUSS&& I YEJ: OWAMCHESTEIt. C-QMMECTICUT 1989 P.M. COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL AT BUCKLAND HILLS MAN C H ESTER,CON_N ECTICUT POW NO 85-315 oATt SEPT.1985 scALE: T. I� . IN Z 0 z N m J L 10� 214 --a---5 71 -"0-297 NORTH MAIN STREET T92 14 779 n r~ J _ • O O U df O �—*Z L . 330 • �173 NORTH tN STREET � 904 378 —� and —� pia FUSSUMBLL MANCNEST911. CONNECTICUT • N 1989 P.M. COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL AT BUCKLAND HILLS MAN CHESTER.CONNECTICUT POW. "* 85-315 *ATE SEPT 1985SCALE 1C 0 e �o �N m � cm NORTH MAIN ST. &J 4 10 305 H t� co a � Z Q J Y Q O o _ OC J W o a 0 Q a = U M p po —I92 407 �--- 215 2.3 TOLLAND TURNPIKE 65 4 —� 631� FIG. N0.10 M a Y USS&O' C�C TIC U T 1989 P.M. COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL Ar BUCKLAND HILLS • MANCHESTER.CONNECTICUT POW NO 85-31S oATc SEPT.1985scALt �� F��Nc ' e? PLO k a �- t e - t3o S)b f16. N0. 10-I•-R�R MANCHESTER CONNSCTICYT 1989 P.M. COMBINED PEAK HOUR • TRAFFIC VOLUMES THE MALL AT BUCKLAND HILLS . MANCHESTER,CONNECTICUT ►004•1110. e3-315 DAT[-JAN.1966 SCALE: NT.S. �l ►3 �G f ,�O lop No ELLINGMN RD. ��� � 99 403, F230 13s� � aRD 2 a IS8 II 1122 --w _{Goa PLEASAJtT VALLEY- �� RD. 192�y �. � 1 r x: I-84 W.B. EXIT I-84 W.B. ENTRANCE FIG. NO. IIA-R 0FUSSW7qEK.L- NANCHISTER. CONNECTICUT ' . 1989 SAT. COMBINED PEAK HOUR TRAFFIC VOLUMES 'THE MALL IC SUCKLAND HILLS MAN CHESTER,CON NECTICUT vz--mO. 85-31S "TI:SEPT.198S SCALE: N M h ti 184 4we�2_ 118143+ PLEASANT VALLEY RD f--+3&139 DRIVEWW TO SITE 254 17 � 9- 1 i r � a a � Q Y V m O 12 . o as 4� {�O. J 1L . o DRAfEWAY TO SITE TOS 4996—, 00 W Q �J of FIG. N0.116-A a �V YA��• CCTICYT 1989SAT. COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL AT SUCKLAND HILLS MANCHESTER,CONNECTICUT ►Ro, no 4 a_315-DATE sEK. 1985 SCALE: '4 4--407 827 DEMING f ST. 662--i 3 � --�p N A C fpp � la W p J . Q 169 —46& `31111 DRIVEWAY TO SITE �tr Z J 2 L lD . FIG. NO. i 1 C-R D �� FUSS&O'11E7L,L; MANCN<STIN. CoNNECTICUT 11989 SAT. COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL AT SUCKLAND HILLS MANCHESTERs CONNECTICUT rnw.No 85-315 @ATE SEPT 1985SC 9: �� U) N W Oi y . la PIO A L 147 697 �—at& 329 of 696 DEM IN G i-221 ST. 1052 ` a 9—� 1635--b 9539W----* O IN A� N m ` I-84 W.B. EXIT I-84 W.B. ENTRANCE w 1 I-84 E.B. EXIT I-84 E.B. ENTRANCE t 11110, o m1 J g FIG-NO. 11 D- . Y R V MANCHESTER. CONNECTICUT _ 11989 SAT. COMBINED PEAK HOUR TRAFFIC VOLUMES • THE MALL AT SUCKLAND HILLS MA NCHESTER,CON NECTICUT rnow.No.85-315 a1Tz•SEPT. 1985 SCAL9 L i2 o n Z O Q jJ Y V m � N j L t—_102 —195 —'* 406 TOLL AND — TPKE. ,OQ 327 3F8 221 253� tY K W - •f Q � Vf • W Z m W Q �p J 4 N �21 ��33T .ls"l is TPyE. T03-1-A� ' 31 110 FIG. NO.I i E-R �O rAllCNtiTtll, CONN<CTICYT 11989 SAT. COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL AT SUCKLAND HILLS MA NCHESTER.CO NNECT IC UT ►wa 010 85-315 Dart SEPT 1985 SCALE f6 103 1te 23 TPKE- 7OLLOD �21 �♦'' . 36� `�► 240 NN 2 O n Z a I-84 E.S. EXIT I-84 E.B. ENTRANCE 7 3 1073 st: �—�4A5a2�•—f9-7•it 5" f--45e TOLLA N D TPKE, 1244 252--�� c e 1-z f/f Z ti FIG. NO.1 I F-R 0 OMANCNNSTtA, CONNECTICUT 11989 SAT. COMBINED PEAK HOUR • TRAFFIC VOLUMES THE MALL AT SUCKLAND HILLS MAN CHESTER,CON N ECTICUT P*w 00 85-315 DATE SEPT 1985 SCAR c n N f.: N Z O Z N 40 A J L -240 -!-5 46 NORTH MAIN STREET 360 12--! 3447-� t~ • J O O 2 V N O NZ iL �3 .0 199 - 446 �--2 44 NORTH ---jAIN STREET 519—� s 337--- 11tr -� *� i= N FIG N fill a FUSS&O'NEILL 0 MANCHESTER. CONNECTICUT A 1989 SAT. COMBINED PEAK HOUR TRAFFIC VOLUMES THE MALL AT SUCKLAND HILLS MAN CH ESTER,CONNECTICUT r*OJ NO 85. 315 DATE SEPT 1985SCALE 1 - ti 0 r` 0 NORTH MAIN ST. � l 50L--o 3t7_j • 134 '-� .t N • N J Q ti Z b a J Q O 0 J W o a A Q 2 U t9 � O L-172 • 4---227 -399 TOLLAND TURNPIKE 291 - 282—► FIG. No. I I H FWAussB�o�n+a4 MCNElTE • COMNE T CTICU 11 COMBINED PEAK HOUR .,, TRAFFIC VOLUMES THE- MAL%6AT BUCKLANO HILLS MANCHESTERO CONN ECTICUT POW.No- 85•315 GATE EEPT.19858CALE: OF�iNG �Q PLO . v :r o 1 Saab �aa o << set FIG.r qti a FIG. NO. II-I-R RisswWaLL MANCHESTER. CONNECTICUT ae 1989 SAT. COMB IN E D PEAK HOUR TRAFFIC VOLUMES THE MALL AT SUCKLAND.HILLS MANCHE STER,CONN ECTICUT p; Mo 8S-315 DATE JAN. 1986 SCALE: NTS. 4 `r FUSS&O'NFJU PREPARED DATE CHECKED DATE PROJECT NO. consLAting engineers BY BY loci� VA/ SUBJECT: p(.r-fl c A r aU Y Ph �1 4 k �? ►'F'*R f`- �9 SHEET NO. CO/► MIAEI�, -r7y——= 1 of z 1-. LANE 4 X AoS�t:TE� vows VOLUME F�ow r` I gz 1.00 1 4- r—Z3 --�oi9 rao -�— �a, 63-5, l03�� SzS—s BIZ -1 4 77 -�-- 1 213 Z &off gz 1.ov 7S3 s-a4- wb Li 2. �'• SC N x -pw Y—Twe )f. �3 X� v. X--CML Y_To_ %J., }Liar = 5 SATURATION FLOW ADJUSTMENT WORKSHEET LANE GROUPS AD FACTORS O O O O O O O O O ® ��L Appr. line Ideal Na d Lane Heavy Grade Pkg. Bus Area Right Ldt Sat Lanes Width 1kh toc�aBr 7yy� Turn Tum Rats Moveo+em Flow f ! ! ! f f ftT I ! (Pcph6d) N Tableable Table Maik Table �vP�SI 9-5 9-6 9-7 9-8 9-9 9-10 9-11 9-12 41 /P.+oo boo -'m /,o /.b /.c 1,0 /.o ,95- /6 - r18 .96 r.o r.c vo ro ,9 1.4 16,0 I rco Z l.o 1,0 l.o /.o /,D IPS� wP 4;r- Z J.00 ,9�, v /.o !.o 1.0 /.o .9 324(0 ` ���� PREPARED DATE CHECKED DATE O :�c]cV�IVF.ILL TE PROJECT NO. cawifiv eni BY BY &O-Z R SUBJECT: Ab. T-9,4- ob R/,�'PS M SHEET No. ! - GcrosjNED T-RAr z o1Z i� , -- -i. _ :_ . . . . . . . . . . 3.UP. APT SAT. FLQw/ cRincgL LANE A wsa yRo P PaAsE FLOW FLow RA-nD. F'v",5 9/C V/C , - 3 IFS I&-4C- .067;1 I +3 I&c4- ��� �S9 po /D 'A TG.�6CG}I0� �IIC= .6,YZ I -;IIZ 4& .--ZO ✓ 7'L 16-3Z 64e7, SyM A Fe4_7&V .. _ . . 3 ♦.UNCL CAVW Fit* rmDday Seomd'hcm 'ibtal icI= 0 O O . O O O O 4) Lane v/c Ccam Cie Delay Line Delay Pmgmdon Line Line Appeadt AppL Gmip Ratio Ratio Lath do Croup do Factor QVW GroW Delay L06 Ito� X g/C C (sec/veh) Cap" (sec/veh) PF Dday LOS (uc/veh) Table ° p *C) c Table 9-13 (sec/vdn) Table y.l ( ) X M 9-1 �j •639 .W 90 30.07 /4g 5.9� 1.0 36,0 KIg -/o ,shi 90 'it. 00 100 0. oc 1.0 %- 00 11.61 .�Q4 90 1 9. 12 120 C. . Fr l-0 /9, 9 C� G 19.96 + ./10 ,gil 2 1 5�0 ± ws . 692 -.1912 90 13 68 /532- p, g.6 i William Stoeckert October 29, 1986 Page 2 in it and may wish to say or do various things of interest to the Commission and in the interests of the Town concerning it. Very truly yours, RGE:j rc �tawN sf4<� 'Tawn o-P South 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 soe•co� AREA CODE 203/644-2511 RICHARD J. SARTOR Town Manager October 24 , 1986 Atty . Ralph Elliott Tyler Cooper & Alcorn CityPlace , 35th Floor Hartford , Connecticut Dear Atty . Elliott : Re : Town of South Windsor vs . State Traffic Commission In recent weeks , I have become aware (through newspaper articles ) that the Developers of Buckland Mall have sought many changes in the initially proposed design of the Mall . These changes appear to be increasing the commercial development on the site--and , in turn , creating the possibility of significant additional traffic activity that would impact South Windsor streets . I attach copies of the most recent newspaper articles referring to these changes in the proposed development , and the additional bonding and road construction the Town of Manchester is considering to facilitate this increase in traffic volume . Following your examination of this information , please prepare a "draft" letter to the State Traffic Commission requesting that , in light of the additional traffic impact on South Windsor resulting from Manchester ' s altered proposal , the Commission revise its original approval , and require traffic capacity and safety enhancements that would protect the residents of South Windsor . If you require further input from this office , please contact me . Very tru yours , iG Town Manage RJS :prb Attmts . the meeting,was part ofanewnigntmwvmc the union plans to take to nip problems in the bud before they become major issues. He said the union's complaints boil down to problems with apparatus—firefighting vehi- � g M cles—and fire stations,some of which were " built in the 1920s and 1930s and haven't been renovated since. For example, he said, the department needs a new ladder truck because one of the two its owns is frequently in the shop for repairs and the other has started to break down too. AP PHOTO His last look Gerber pu rchE Barbara Hicks, 49, stands at the window in her bedroom through which she shot and killed a 'peeping tom,' who she says had skulked outside her Denver home for five years. Twenty-five-year-old Ricky James Curry of Denver was B EILEEN McNAMARA found dead in an alley behind Hicks' home early Sunday. Y Journal Inquirer staff write SOUTH W NDSOR — Gerber Scientific Inc.has purchased a 42,000-square-foot build- M a i i backer wins zone change ing on Nutmeg Road North, where the com- pany will move part of its products division, company spokesman Stanley Levin said industrial complex. today. By TINKER READY Although Monday's action does not directly Although Gerber's$1.4 million purchase of Journal Inquire staff write affect the mall site, Homart Development the industrial building and the 5 acres around Co.,builders of the proposed mall,have said it came at about the same time the company MANCHESTER— The Planning and Zon- they would apply for a change to the new withdrew it plans to build a new plant in ing Commission Monday approved a change regulations if they were approved.If they are Manchester, Levin said the purchase has in the zoning regulations which would allow granted the zone change,the developers have nothing to do with Gerber's efforts to find a the developers of 250 acres near Interstate-84 said .they will eliminate the 516 units of site for a new plant, which are continuing. — including the site of the proposed Mall at housing which were approved as part of the He said the Nutmeg Road North facility Buckland Hills—to develop the area without mall site plan late last year. was purchased from its builder, Andre any housing During recent deliberations over the Charbonneau, adding that he's not sure yet The PZC approved a change in the mixed- town's master plan of development, PZC how many people will be employed there. use Comprehensive Urban Development zone members deleted provisions which would He said the company will use the building which eliminated a minimum housing re- have allowed high-and medium-density hous- to store and maintain some of the parts quirement for the zone and allows phased ing in the southwest corner of town, where Gerber Scientific manufactures. Gerber has rather than simultaneous development of much of the town's vacant land is located.To been renting the building since.the spring and projects within the zone. justify the deletion of the multifamily hous- The original CUD regulations required that ing provisions, which were public criticized Gas fumes m es spur ev 70 percent of an project in the zone consist by a group of local homeowners, the PZC y p 1 of residential construction. members cited the area around the mall as The change in the regulations was proposed appropriate for multifamily housing. WINDSOR—Fire officials had to evacuat( by developer John Finguerra, a former Town officials have said the mall de- and ventilate an apartment building at the partner in the mail project and the owner of velopers included the housing in their Chateau Woods complex Tuesday night after the 134-acre mall site off Buckland road preliminary plans in order to gain prompt discovering containers of gasoline in tht which is zoned under the existing CUD re- approval of the project last year when they basement. gulations. were competing with rival mall developers in The Hayden Station Fire Department wa: In addition to the change in the regulations, South Windsor. The preliminary approval of summoned to the building shortly after V Finguerra was granted a zone change to the the mall site plan allowed the developers to p.m. by residents who said they smelled ga: new CUD zone for two parels adjacent to the obtain a permit from the State Traffic Com- mall site. The change was granted to a 19- mission, which they credit with pushing the Consumer counsel hope acre parcel off Buckland Road and the 97- South Windsor developers to abandon their acre Red Rock Golf course site where mall project and agree to a joint venture in Finguerra is planning a hotel, office and Manchester. BY TM Associated Press High speed chase ends in arrest NEW BRITAIN -State utility regulator have been asked to prohibit Southern Nee ELLINGTON — A Stafford man was ar- Riley refused to heed the officer's request England Telecommunications Co. from shu! rested for multiple traffic violations after to pull over and drove off at high speed on ting off service to customers who do not pa engaging police in a high-speed chase '!ties- Route 140, police said. their long-distance phone bills. day in the Crystal Lake area, authorities Riley subsequently drove into the police State Consumer Counsel James F. Meeha cruiser, which had boxed him in on South filed a petition Tuesday with the Departmmer said. of Public UtilityControl, saying terminatio The chase, which covered about 1 mile, Road at White Streep�lice said. of local telephone service should not be use began at 7:42 p.m.when a state police officer In addition, a passenger in the vehicle, of a l to orce le to the observed Michael A. Riley, 23,of 15 Ash St., Joseph Hennesey, 18, of 181 Main St., Staf- American Telephone &Telegraphpeople Co. lon Stafford, operating a vehicle without a rear ford,was charged with third-degree criminal stance bills. pi license plate, police said. mischief personnel file, Burke sat superintendent"must assume the tion of responsibility in this matter. chairman said Mager could not abdic responsibility for the fiasco simply becau he had delegated supervision of Crane to Cassotta and the school systems former a business manager, Alfred Dreyer. Burke also revealed Wednesday that the board had considered firing Mager, who has been superintendent for 14 years. Burke said members told Mager and Cassotta of the K< probable action against them during the early stages of the board's five-hour executive session Tuesday night,the last three hours of which they spent refining the action without ever taking a vote. k The chairman said today the censure of Mager and Cassotta will be formalized in a k vote on Oct. 27. Mager said today the Crane affair"showed that important procedures can't be minimized in any way,because of what we n PHOTO BY AuKE AoAsw►vEe ' might feel are the exigencies of the moment. Bovine express "I'm a better superintendent this morning, Oct. 16,1986,than at any time in my career," A worker from the McKnight farm watches as a herd of dairy rustic look of the daily occurance could change soon as the he added. He said he could have taken the cows cross Muddy Brook Road in Ellington recently. The road may be paved because of nearby development. board's action as a negative one but chooses to look at it as a "growth experience." for Manchester malleve opers revise plans . by Homart Development Co. of Chicago. ings and a small commercial area are included in the original mall plan in order to TINKER READY The original site plan,which was approved proposed for the west side of the site. A low- speed the approval process. With the nal Inquirer'staff Writer by the Planning and Zoning Commission in rise office complex and a retail area,which is preliminary approval of the mall plan, December, featured 516 units of single- and tentatively planned as a movie theater and Homart was able to obtain a permit from the' ANCHESTER — The developers of the multifamily housing, including. a a seven- furniture store,are proposed for thevast side state Traffic Commission, which developers posed Mall at Buckland Hills filed revised story building, surrounding the mall. of the site. consider the catalyst that brought to an end a plans Wednesday that include a 625-seat The revised site plan also reduces the In addition to eliminating the housing re- year-long battle between Homart and rival urant, a movie theater, a hotel and scope of the project. The orginal mall site quirement, the amended CUD zone also al- mall developers in South Windsor. eral office buildings. plan approved in December covered a 138- lows for phased rather than simultaneous Following .the. approval of the traffic e revised plans eliminate more than 500 acre site which included the Red Rock Golf development. According to the new site plan, permit the developers of the competing s of housing from the original plan. Course. However, developer John Finguerra the mall would be built'as the first phase of Winchester Mall in South Windsor agreed to e proposed change in the mall site plan has withdrawn as a partner in the mall pro- ows a revision in the zoning regulations jest and is planning a separate housing,com- the project-while the remaining development -join efforts with Homart by building one mall or the would be built during a second phase. on the Manchester site and developing the the Comprehensive Urban Development mercial and industrial development i e approved earlier this month by the golf course located to the north of the mall The change in the CUD zone was proposed South Windsor site as a smaller,commercial ning and Zoning Commission, which site. by Finguerra, who also obtained a CUD de- project. inated a requirement that any CUD pro- The new site plan covers a 93.7-acre parcel , signation for the 97-acre golf course and a 19- South Windsor, claiming the traffic from consist of 70 percent housing. between Buckland Street and Slater Road. acre parcel off Buckland Street to the west of the• mall would cause road congestion e new proposal for the 750,000-square- The mall remains the centerpiece of the the mall site. problems in the neighboring town. has filed regional shopping center was submitted project while a restaurant,hotel,office build- Town officials have said the housing was an appeal of the traffic permit. .�..-_��____._,_�_�.���..�-�.�.M_._.._•_-_.--.----�--._�_._._._..-.-._._._ ---•---^- _.-_.�__.� .e:u•Lea,�:.1.v•e.w•�-+..•eras•�JLls:a•!'ji�r.1,..Ivsl.a�.I:..I.1.��1s'a....1..a.� A.C Rules Revised Changes Will Ease Restrictions for Mall At Buckland Hills B MATTHEW MOSER Courant Staff Writer MANCHESTER—Developers of the proposed Mall at Buckland Hills gained a sweeping revision Monday of the town's zoning regulations for large tracts of undeveloped land. The Planning and Zoning Commis- sion voted unanimously to revise the regulations for comprehensive ur- ban-development zones such as the one established for the mall site in northwest Manchester. The new rules ease some restric- tions on developing land in so-called comprehensive urban development zones.They eliminate a requirement that 70 percent of the mixed-use zone be devoted to housing,and they allow phased*development of the property. "The intent of the [comprehen- sive]regulations is to permit greater flexibility and, consequently, more creative and imaginative design for development than generally is possi- ble under conventional zoning," the Anthony Gen new regulations say. with his Toren The planning board spent close to four months reviewing the new regu- lations, which were sought by John Gusi Finguerra, the general partner in Manchester I-84 Associates one of the mall's developers.The proposals II i were backed by the Homart Devel- opment Co. of Chicago, another of Courant the malls developers; the Capital Region Council of Governments;and Cold,gusting i the town's planning department. blew into the rel Planning board members had ex-, ing Power failui pressed concern that the new regula- as temperaturei bons would leave them with little More than 25,1 control over the planning process. ities customers l Their concerns were addressed by mph gusts of i Mark Pellegrini,the planning direc. limbs across the tor,who assured them that the new ern Massachuse rules gave them plenty of opportuni. Among the 1 ties to shape a project were Fairfielc The rules establish a three-step 12,000 Northeas approval process for projects in a ers lost power,i comprehensive urban development and Pittsfield ai zone. After the land is rezoned, a se ;Mel Goldst preliminary land-use plan and a fi-: Weather Center See Zoning,Page D2 John' son, Amenfi f By MICHELE JACKM Dozynki Harvest l 11'1d111:11Ci�LCi nuVibub LJ�Jjling negula,ilon►s son, she is as comfortable�in�the �50000 l _ethnic clubs of New Britain as in the headquart Continued from Page D1 The board agreed to rezone from to it"the finest undeveloped piece of tastefully furnished manses of Litch- Amenta is rural residential to comprehensive . commercial property in southern field County. and the nal development plan must be ap- urban development a 97-acre parcel New England." _ A political unknown,Johnson ran Party he proved. on Slater Street that includes the The preliminary plans for the for the state Senate in 1976. To ev- known thr During its meeting Monday night, Red Rock Golf Course and a 20-acre mail call for a 750,000-square-foot eryone's surprise, she won, ousting ty district the planning board also approved tract on Buckland Street. regional shopping center,with shops Amenta and becoming the first Re- outside N two zoning changes that Finguerra In applying for the zoning changes on two levels.The developers hope to publican elected to the Senate from Amenta requested for land adjoining the 138- in June, Finguerra called the 138- break ground in the spring and to ew Britain in 30 years.She served ing the acre mall site near I.84. acre mall site and the 117 acres next—open the mall by 1989. three terms and, in 1982,.defeated Bristol,E Democrat William E. Curry Jr. for ville, Sou the 6th District congressional seat. Johnson,h ! Two years later,she crushed Arthur munities t Crisis Teams Help Pupils Open Up H.H° � "She's b "Of the last 135 aldermen in New rates peop 2 Britain, two were Republican. But. average g Continued from Page D1 said having a formal crisis team is death of a student by murder;sui- Nancy Johnson took New Britain. to know an a good idea. -•-cide or car accident,she said. three times for the state Senate and cy,"said J helped the students cope. "From the experience I've had, James Fallon,principal of East in her 1984 run for Congress," said mer camp "No school system is immune that is definitely something that Hartford Middle School said hon- Joseph Shilinga,a leading New Brit- state Capi from these types of things," Wis- not only Norwalk, but other esty is a key in dealing'wifh chil- ain Republican. Amenta' niewski said. "So there's a choice: schools should consider,"he said. dren. For Amenta, a onetime "wild- labor. At Either you can react in a hit-or- Jean Campbell,a consultant for "Kids today don't want you eyed liberal"who now calls himself vention in miss way or in an organized, school social-work servicgs for the stone-walling on anything," he a moderate"progressive,':this.con- adopted a thoughtful way." state Department of Education.,,✓,,._said..."When.xov.Jan. -+—•.— t / i £ aa, # e s '� $ b; '• � ri t` w staff Peter S. w intervened x 4` ►ur-month_ ` �i �' Peter S.Spi r Page C2 lington VL,with `ate i`b J, G t `•',` friends when he Yon in � ��*' a ,gyp 4 �a �, � q * Y! "� ♦ ,, .?F g a .� r e; j d r•'s r*.. " .'4 fi * •• '" { '� k d..Y.,fir, ►S tmer Pi gay f } �d�.' £x ' a �.-:* His wife was a a *as asked If She L i petition. She ERA worker �r It wasn't so was shocking as � r ► rationale: "No m "my husband re' Sometimes it tress to shed titer "^ a proceedings. Defense a A crucial fr t was seeking a DO workers `" $10,000 to $I, as reached Superior Court in less than It is a request J JnIonJeadl D - Puerto Rican Grou Accused of Tar etin v England S�t hearing con Union,Dis- At that ed after a courtroom was n that end- By GEORGE GOMBOSSY a plan to blow up a ship in Old San Sixteen people, 15 from Puerto ments that were taken from Los ness for nearly a as District Courant Staff Writer Juan Harbor. Rico,have been charged in the Wells Macheteros safe houses that relate an electrical being con- Outside of court Dabrowski re- Fargo robbery case.Prosecutors say to other criminal Investigations. courthouse. at 21 other A militant Puerto Rican indepen- fused to discuss the document and most of the defendants are high- Dabrowski said he does not have "I guess [eyerson,a dense group tied to the $7 million would not give any details about the ranking officials of Los Macheteros, to disclose to defense attorneys or to with you," one a [eyersy West Hartford Wells Fargo robbery plans or the alleged target. an underground group seeking the the judge evidence seized in the raids the darin>eas" ursda"he had plans to blow up a ship in Puerto Defense attorneys, who Da- Independence of Puerto Rico. that does not involve the Wells Fargo When n i e ut he Rico a federal prosecutor said browski said had been given the doc- Prosecutors say the 1983 robbery robbery case but may be used in lawyer,W1111am I other Thursday ument,said they did not know what was conducted, in part, to finance other investigations. note,"Let the veryro Assistant U.S. Attorney Albert S. Dabrowski was talking about. They Los Macheteros. He used the alleged plan about defendant was p lam- Dabrowski told U.S. District Judge said Dabrowski's disclosure was an The disclosure about the ship was blowing u the shipas an example of came back ,es,and we T. Emmet Clarie that documents attempt by the government to por- made during arguments in Hartford other criminal investigations being won stand. homes_ seized in an April 1984 search of a tray their clients as terrorists,while federal court over whether the gov- n, Water- "safe house"in Puerto Rico included_ they say they are freedom fighters. ernment must show the judge docu- See Maeheterm.Page C2 It was no big dgeport— WPOP rafta.m.Mon- it covers Manchester Mall Plan Includes Hotel Theaterripped off an old !rs and di Hartford- rees at the Courant MOSER preliminary development plan sub- square feet. required in a comprehensive urban 'To whom t Center in ourant Staff Writer mitted by Homart Development Co. Details of who would operate the development zone such as the mail Ila wrote on a e Manor in of Chicago. commercial establishments were site. "I have taken my Convales- MANCHESTER — The develop- The plan,which needs approval of not included in the plans. John Finguerra,one of the mail's now that I have ers of'the proposed Buckland Hills the town's Planning and Zoning Homart's proposal, released developers,sought the rule changes would take my achieved mall disclosed plans Thursday to Commission before it can proceed, Thursday,contains none of the hous- this summer, arguing that the best one has stoke IV e negoti- build a 1,600-seat movie theater and also includes 100,000 square feet of ing plans contained in its earlier use of the land was for commercial, Now in public a 200-room hotel surrounding their offices, a 30,000-square-foot furni- drafts.Under a revised set of zoning retail and light industrial purposes. FraudsH shopping center in northwest Man- ture showroom and three restau- regulations approved by the town's Homart's preliminary plan re- Mobilia aai6e chThe proposals were included in a rants with seating for 625 people. Planning and Zoning Commission 1968`old boom The shorpitig center itself is 785,000 two weeks ago,housing is no longer See Man,Page C2 He is not off J 1 The minimum wage for a nursing sions,"he said. the three nursing homes tnat ..�.�� home worker at the g be innin o ��� g f the Workers also resolved several lo- reached an agreement. third year of the contract will be cal issues at the three nursing homes The committee overwhelmingly g Meyerson =8.28, compared with =7:15 now, that will cost management an addi- approved the settlement, Meyerson said. tional 2 percent of the collective said. .; ,r Que wages,Meyerson said. Workers at the Manchester and The union also won mandatory g y Waterbury nursing homes ratified training for workers who have to Union members will receive an the agreement ihomes Thursday, s said.ratified 40"Chest Sale=199 handle violent patients. Meyerson additional holiday,better scheduling said did not taasaid. in said the training provision is the first and improved vacation and sick- y problem of its kind for nursing homes in Con- . leave benefits, Meyerson said. ratification at the Meriden home.It oecticut and is important because of Health benefits also were improved, was not known when that would oc- '- the increasing number of mentally -he said. cur. Mall Plan Includes Hotel, Theater ; -- Continued from Page C1 Homart, a subsidiary of Sears, fic and noise to the largely residen- --- Roebuck &Co., plans to begin con- tial area. They have filed suit in fleets that shift, dropping 516 units struction in the spring and to open Superior Court seeking to block the of single- and multi-family housing the mall in 1989. It will be located projects. in favor of more office and retail between Buckland and Slater The preliminary development Pair Twin Beds Sale$199 : space. streets,north of I-84 near the South plan includes detailed traffic and "That's not a surprise,"town Gen- Windsor line. environmental studies. eral Manager Robert B.Weiss said. Mayor Barbara B.Weinberg said Walter S. Fuss said in the studies "Ever since we've been talking with Thursday that she expected multi- that the proposed mall"will not have """~" '^ Lingerie Chest Sa the Homart people, they've said— family housing to be built near the a significant adverse impact on the and we've agreed—that their par- mall, possibly on land rezoned two environment," provided that steps - You can travel arou cel would be best for other than weeks ago to comprehensive urban were taken to protect the 34 acres of value. But you'll pr residential use." development, the town's special wetlands included in the site. Rock'collection.A The preliminary plan reflects an- classification for large tracts of un- He also said that the"traffic gen- real wood. No im otber shift, too. Instead of building developed land. erated by the Buckland Hills project through.Authentic the mall, the offices and the hotel Neighbors of the Buckland Hills will not disrupt the continuity of charm and deep s simultaneously,offices the zoning regu- site and another proposed shopping traffic flow on the adjacent roadway = Perfect for the ro lations had required,the developers center in South Windsor have been system," again provided that a se- Student Desk Sale$199 room and even su propose building the mall first,then fighting the plans,saying the devel- ries of improvements are undertak- Rock'and land a b adding buildings to the perimeter. - opments would bring too much traf- en. ' trist Testifies ThatMacheteros AccusedPSyChlaOf Targeting Ship .y - Manfredi Was Mentally Ill Continued from Page Cl Hutch Top + Sale 149 By DAVE DRURY On the night of his wife's death, conducted by federal agents. Chest Writer Manfredi sustained a sudden, vio- However, defense attorneys said Courant Stc4ff the rosecution should not be per- Sale $199 lent, ,emotional explosion, Borden P mitted to judge what is relevant to Compact, attrac- Desk/Chest With the jury out of the courtroom, said. Borden called the condition s their case They said that, at the a forensic psychiatrist testified "catathymic crisis,"which he said is minlmum,P tive units for stor .�• prosecutors must submit 3 drawers. To Thursday that Dr. Russell F. Man- more generally known as an isolat- the documents to Clarie so the judge age and display. writing surfac fredi was mentally ill and unable to ed,explosive impulse disorder." could decide whether they are rele- Chest has 3 control his actions on the night that Assistant States Attorney Her roomy drawers. _ co admits he killed his wife. bert G. Appleton argued that Bor- vant. Chest 30wx30h, Dr. Walter A. Borden, a key wit- den's diagnosis did not find a single Diane Polan,New Haven defense top 30wx48h. Hess for the defense in Manfredi's mental disease or defect,as defined attorney, said an appellate court Immedi murder trial,outlined his findings as by state law. could not determine whether the of an extensive legal argument An "isolated, explosive impulse prosecution was right about with- een rosecution and defense at- disorder" is similar to compulsive holding the documents from defense P attorne if the judges could not see over a motion filed by the gambling,which federal courts have them for themselves. Other elude or severely restrict ruled is not sufficient for a defense of Clarie said he wanted to see a Contempora �: Is-an] incanity. ADoleton said. -..._- -<4-U- ,,.,:,4,,,,,,n hafnre AP- stvies. Oak, domorebe a--&a Y.Js YYY nlY4VYY ass&"=avvw- wituisacaupiuanriymousuyarn. mecountry. won of an -':T��+ ' ��� Rivera beca rnoes task i pert on the institution people who wo Manchester Road Project Draws..P,rotestswith her son ho Mrs.Rivera enous leader in i an interim B MATTHEW MOSER side of the street and a 5-foot-wide the widening,said its co-chairwom- comments into the public record of- ela L. Moye, a the institu- ' familiar with s regarding ourgnt Staff Writer sidewalk on the south side. an,Catherine Lankford.That group the project. "Janet River Within days of the hearing, resi- is arguing that the work would lower Many letters come from residents woman.She rad rs also have MANCHESTER—When the town dents formed a group—the Tolland property values. along the turnpike who flatly oppose love of life,"Mo unveiled its plans two months ago to Turnpike Property Owners — to Milton C. Shaw, engineer of mu- the plans. Lion of the For several �Gener- rebuild Tolland Turnpike, the rent- lead their protests,and they collect- nicipal systems for the state Depart- Joyce R. Senkbeil,of 769 Tolland home, on statey lion was fairly muted,falling some- ed titions opposing the plan. ment of Transportation,said he was Turnpike, argued that residential iscal Anal- two children. teview and where between a yawn and a sigh. a opposition seems to be paying not surprised by the protests.But he neighborhoods were being sacrificed „ ceived Social e. But when word spread that the off. said,"There's probably other groups to commercial developers. of the Con- $4.1 million project.meant taking At last week's Board of Directors in town that would want this "The interstate highway,I-84,has payments. But, pled Amy- land from as many as 87 homeown- meeting, General Manager Robert project." been made wider,'she said. "Buck- wedidn't want to r iy's revels- e� the yawns quickly turned to B.Weiss said the town was giving up The town's planning department land Street has been made wider and welfare, I w about the me of on on�its plans for a bike-way. also favors the work,saying it fits in' straighter,Tolland Turnpike west of better."lmost t d handling At a public hearing last month, The bike-way will no longer be a with the plan of development for the BucklandCenter has been made wid- Raul's conditi ots and es- residents turned out by the dozens, part Hof our recommendation, he nest 10 to 15 years.At the September er.Surely all of this should be capa- proved,she of end that the crowding into the Senior Citizens said. Were not interested 1n hurting hearing, Planning Director Mark ble of transporting the extra traffic Oak Medicag Center to denounce the proposal to any neighborhood in town. Pellegrini raised the possibility of projected to be generated by the new Oak Terrace ho ve director, widen and rebuild a 2-mile stretch of The dispute now turns on whether further widening the two-lane road shopping malls,etc:It seems plausi- she lives,as a ��, De- their road between North Main and to build sidewalks and,more broad- to four lanes between Union and ble that there has to be a line where cal-records libr t — one Deming streets. They said the ly-, whether to move ahead with the Slater streets to accommodate traf- residential property must be pro- She brought project was intended less for them project in the face of so much neigh- fie from the proposed Mall at Buck- tected from this malignant growth." month.With tha layete that s or- than for the developers planning to borhood opposition. land Hills near I-84. James P. Kennedy, superinten- Ia that the build in northern Manchester, and During the weekend a second Edward J. Tomkiel, the town dent of schools,took another view. month .Her lit the home's— make it.Her they zeroed in on proposals to build group,the North End Property Own- clerk, continues to receive letters M an 8-foot-wide bike-way on the northers Association,was formed to fight_ from le who want.tp insert their See Manchester,Page C4 cut off after fo or,Page CZ y _ . __-- mop - requires,but sh "I was paying expenses,so it w Granby Parents Worrzy Over AIDS ma�git�ehmloor Wax ClosesSocial Security By JON ELSEN "There are too many unanswered Southergill's husband, Gerald, duced Raul's ch r West Hartford and KATHARINE RILEY questions,"said Linda Southergill,a said,"I want to think of this situation $180,and finally, Courant.Staff Writers trained nurse who has four children in facts,not with emotions.The facts Michael Blum s section of for vehicle violations,police said. GRANBY—As a child with AIDS- in the school system,one of them at ' are that AIDS is contagious. It is -.visor of the H hours Mon- There was no evidence the truck attends Kelly Lane School today, Kelly Lane School. fatal,and there is no cure.It cant be of the Social ailer over- had mechanical problems, they school officials hope for calm de- Southergill said the petition cam- treated like mumps or chicken pox.I Bon, said he co > rats case but sai wax on the said. spite a campaign by some parents to paignminis asks the school board and ci. don't want my son's name di end up check had been s of the park The truck was owned by Triple have the afflicted child removed ministration to rescind their deci- in some medical journal disputing rtford.Sev- A Trucking of Trenton,N.J. from class. sion to permit any AIDS victim to currently held views." veW had reach ddents oc- Police said the accident was "We will to conduct-school as attend any of the Granby schools as a Acting on a review of the child's Without that try her own medics of highway not far from the sites of thr a usual," said School Superintendent student or staff." case by the school's infectious-dis- month or more other tractor-trailer accidents in 'Pasquale E. Starble Monday, while We make this request with the eases committee,school officials no- cleanup ef- June,but said there was no indi- in another part of town a don par- desire to safeguard our children tified teachers and residents late by.She quit her j ighway was cation that causes of the acci- ents were meeting to start a petition from a disease which is a proven last week of their decision to allow nine months,an welfare this mon state police dent.were similar. campaign against the child's attend- killer and about which little is the child to attend classes. There's no A Department of Transports- ante• known, the petition says. _ See AIDS,Page C2 even to look fo our traffic tion spokesman said additional . - angrily. Kippur, speed limit signs and signs re- stricting crossover$ from an en- Panel ClmaJrsbawmaker in Conflict Case bleOn forstate disabililtt trance ramp to an exit on the will receive abo CATHERINE WARREN broadened laws allowing salvage, only business. other side of the highway have Do the numbe Courant Staff Writer wrecking and towing companies to Plofsky said that the commission been installed at Park Road. working,paying use dealer plates on their trucks.The initiated an investigation of Balduc- A June 9 accident occurred NPWTNf:TAN—RtatP RPr, Rieb- lnncely monitored nlates effectively ci's votes at the end of Julv after ting only $336 r bor district, which Washingt6h University: - - - — End Property Owners Assoclatlon,a nelguboTilem �•••� �---- -- group trying to stop the proposed widening of Tol- affected stretch of road: Hebron Group le 's Manchester Draws Protests area and allow for proper bus-load- ing there for many years or just to is in Mr. Reed's court as far as what he Continued from Page Cl ing stations." benefit the money-makers (busi-_ up the beach. All we will be doing is "The Board of Education's admin- The school district's bus contrac- who sses,r t to invade our c d 'rural istrationis in favor of including side- tor,•Manchester Bus Service Inc., re can to improve recreational activities at walks in any proposed reconstruc- called for sidewalks on both sides of plans for their monetary benefirhood and dictate (not way-out tion of Tolland Turnpike and North the street. p Clark Bailey Main Street to Jefferson Street,"he Dorothy said Bolton,of widening Tolland ours)prop which owo r both a�ally and said. Turnpike, said the widening proba- property q President of Hebron Tax District Without sidewalks on the turnpike, blq would damage her underground emotionally?" _ he said, buses.were forced to give well—as she said happened with the off c officials the said,the final planniect moves ng and id to pay more than Reed told lake-area residents he students door-to-door service,an ex- rebuilding of I-84. engineering would take anothercon= e lake and some wa- would buy the lake and a parcel of pensive and time-consuming chore. Is the widening of Tolland Turn- le of ears,with construction con' Ll iley said. enough waterfront landpthat is not wide "Sidewsafety of alks would scho children living in the . the homike rove, theleowners whophav tbeen llv timing into the early 1990s. eed's court as „But if there ever does become to fix will the Enterprise Zone Plan Onere 1 we npr be development on the land next to the H.. tford improve property Reed is buying,no matter jl , ake." who does develop the land he would ,.,,__ 4-n ,.,._. fn pew-d to bmv the ...........+.~%V TWO T" Tnly rn„ee and several part- grand plan he and Wardlaw have 1 �tOwN � � 7 .4 7-awn Ole S-0� V4601� C 9 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR-Co AREA CODE 203/644-2511 October 24 , 1986 Mrs . Anne Conde , Executive Director Housing Authority of South Windsor 50 Elm Street South Windsor , Connecticut Dear Anne : I was pleased to receive your letter of October 20 , in which you indicate that the South Windsor Housing Authority has resolved to apply for a Grant to construct elderly housing . Personally , I am in support of any proposal that will provide additional housing opportunities for South Windsor ' s fixed income senior citizen population . I sincerely hope that your application can be filed expeditiously , so that this most needed housing will be available at the earliest possible date . Very truly yours , Jolyh J . M ' chel M yor JJM: prb <0'"" sf4< HOUSING AUTHORITY OF SOUTH WINDSOR R 50 ELM STREET • SOUTH WINDSOR. CONN. 06074 o �G liriOSOR.CpC�� October 20, 1986 Mayor John J. Mitchell c/o Mitchell Fuel Company, Inc. 1209 Sullivan Avenue South Windsor, CT 06074 Dear Mayor Mitchell, At the regular monthly meeting of the South Windsor Housing Authority on October 16 the Commissioners made a resolution to apply to the Connecticut 8epartment of Housing for a grant of funds to construct forty (40) units of elderly housing to be placed on Town owned land at the intersection of Oakland Road and Foster Street. We ask if you, your Task Force, or any subsequent corporation formed by your group will support this application. If you feel that you cannot support the application, we ask that you contact the South Windsor Housing Aubhority as soon as possible so that we may attempt to resolve any possible conflict. Yours very truly, Anne Conde Executive Director TYLER COOPER & ALCORN COUNSELLORS AT LAW HUGH MEADE ALCORN.JR. BARRY C.HAWKINS CITYPLACE 205 CHURCH STREET WILLIAM R.MURPHY IRVING S.SCHLOSS 35TH FLOOR P.O.BOX 1936 MILTON P.DEVANE JON T.HIRSCHOFF JOHN H.FILER WILLIAM H.CHAMPLIN,III HARTFORD, CONNECTICUT 06103-3488 NEW HAVEN,CONNECTICUT 06509 RICHARD G.BELL TIMOTHY W.BINGHAM WILLIAM S.ROGERS DAVID W.SCHNEIDER (203) 522-1 2 1 6 (203)789-0700 -RALPH G.ELLIOT CARTER LAPRADE TELECOPIER(203)777-1181 GORDON S.FERGUSON ROBERT L.KEEPNEWS TELECOPIER (203) 278-3802 MICHAEL J.DORNEV RICHARD W.BOWERMAN SAMUEL W.BOWLBY GEORGE E.O'BRIEN,JR. 3 LANDMARK SQUARE BRUCE LEWELLYN ROBERT J.METZLER,11 - STAMFORD,CONNECTICUT 06901 ROBERT K.CIULLA RONALD J.COHEN JOSEPH C.LEE MARGARET P.MASON (203)348-5555 JAMES G.KENEFICK,JR. TELECOPIER(203)348-3875 WILLIAM W.BOLTON,III ALAN J.SOBOL• VERONICA M.FALLON MICHAEL B.DASHJIAN SUFFIELD VILLAGE KATHY KIEFER PRIEST SARA CHURCH DINKLER - SUFFIELD,CONNECTICUT 06078 ALICE A.BRUNO JUDITH A.RAVEL RICHARD F.ORR JOHN F.WYNNE.JR. -(203)668-7326 MARY BETH FREDERICK KAREN KAPEL ASTRACHAN MARK V.CONNOLLY SHEILA M.COOLEY - 2 2 WILLIAM S.FISH,JR. MARGARET A.LITTLE October , 1986 OF COUNSEL CHARLES W.LLEWELLYN BEN A.SOLNIT HENRY W.PASCARELLA,P.C. KEVIN.McCANN PAUL A.MITCHELL ROBERTA L.McCAW CHARLES E.RORABACK 2 GLEN COURT,P.O.BOX 1038 - STANLEY E.PARESE JEAN L.KELLY GREENWICH.CONNECTICUT 06836 DAVID J.WIESE MARK A.MILANO LIVIA D.13ARNDOLLAR MARSHALL J.TOUPONSE (203)869-2000 EMMETT E.BROWN.III 'NOT ADMITTED IN CONNECTICUT Richard Sartor, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: TP&Z Application of Bronson & Hutensky and Town of South Windsor and William R. Ryan v State Traffic Commission of Connecticut, Docket No. CV 86-0319641S Dear Dick: I enclose our statements for services rendered and disbursements for the period from September 1, 1986 through September 30, 1986 in the above-entitled matters. Sincerely, RGE:j rc J, I Enclosures i d (�... C)7 \ V0 a TYLER COOPER & ALCORN t COUNSELLORS AT LAW CITYPLACE October 22, 1986 35THFLOOR HARTFORD,CONNECTICUT 06103-3488 FEDERAL I.D.#i Town of South Windsor 06-0640143 TO TYLER COOPER&ALCORN, DR. To professional services rendered in connection with representation of Town of South Windsor and the South Windsor Planning & Zoning Commission with respect to Winchester Mall and related proceedings for the period from September 1, 1986 through September 30, 1986, including telephone conferences; conference with client; drafting of briefs and correspondence to client $ 1, 053 .40 To disbursements including Superior Court record fee and postage $ 16.20 TOTAL $ 1,069. 60 TYLER COOPER & ALCORN >: COUNSELLORS AT LAW CITYPLACE October 22, 1986 35TH FLOOR HARTFORD,CONNECTICUT 06103-3488 FEDERAL I.D.# Town of South Windsor 06-0640143 TO TYLER COOPER&ALCORN, DR. To professional services rendered in connection with Town of South Windsor and William R. Ryan v. State Traffic Commission of Connecticut, Docket No. CV 86-0319641S including review of file and documents and the drafting of briefs $ 680.80 TOTAL $ 680.80 D LI 1 / ll TYLER COOPER & ALCORN COUNSELLORS AT LAW HUGH MEADE ALCORN.JR. BARRY C.HAWKINS CITYPLACE WILLIAM R.MURPHY JON T. 35TH FLOOR 205 CHURCH STREET S.SCHLOSS MILTON P.DEVANE JON T.HIRSCHOFF P.O.BOX 7936 JOHN H.FILER WILLIAM H.CHAMPLIN.III HARTFORD, CONNECTICUT 06103-3488 NEW HAVEN,CONNECTICUT 06509 RICHARD G.BELL TIMOTHY W.BINGHAM WILLIAM S.ROGERS DAVID W.SCHNEIDER (203) 522-1 216 (203)789-0700 RALPH G.ELLIOT CARTER LAPRADE TELECOPIER(203)777-1181 GORDON S.FERGUSON ROBERT L.KEEPNEWS TELECOPIER (203) 278-3802 MICHAEL J.DORNEY RICHARD W.BOWERMAN SAMUEL W.BOWLBY GEORGE E.O'BRIEN,JR. 3 LANDMARK SQUARE BRUCE LEWELLVN ROBERT J.METZLER.11 - ROBERT K.CIULLA RONALD J.COHEN STAMFORD,CONNECTICUT 06901 JOSEPH C.LEE MARGARET P.MASON (203)348=5555 JAMES G.KENEFICK,JR. TELECOPIER(203)348-3875 WILLIAM W.BOUTON,III ALAN J.SOBOL- VERONICA M.FALLON MICHAEL B.DASHJIAN SUFFIELD VILLAGE KATHY KIEFER PRIEST SARA CHURCH DINKLER SUFFIELD,CONNECTICUT 06078 ALICE A.BRUNO JUDITH A.RAVEL RICHARD F.ORR JOHN F.WYNNE,JR. (203)668-7326 MARY BETH FREDERICK KAREN KAPEL ASTRACHAN MARK V.CONNOLLY SHEILA M.COOLEY WILLIAM 5.FISH,JR. MARGARET A.LITTLE OF COUNSEL CHARLES W.LLEWELLYN BEN A.SOLNIT October 21, 1986 - HENRY W.PASCARELLA,P.C. KEVIN MCCANN PAUL A.MITCHELL ROBERTA L.McCAW CHARLES E.RORABACK 2 GLEN COURT,P.0.BOX 1038 STANLEY E.PARESE JEAN L.KELLY GREENWICH,CONNECTICUT 06836 DAVID J.WIESE MARK A.MILANO LIVIA D.BARNDOLLAR MARSHALL J.TOUPONSE (203)869-2000 EMMETT E.BROWN,III 'NOT ADMITTED IN CONNECTICUT Richard Sartor, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Town of South Windsor and William R. Ryan v State Traffic_ Commision, et al Dear Dick: Both Homart and I-84 Associates, the developers of Buckland Hills, filed motions to dismiss our appeal, claiming we had no standing because under the Uniform Administrative Procedure Act only those who are parties to "contested cases", or only those cases in which the law required an administrative hearing, could be subject to an appeal; and, as we know, the State Traffic Commission's statutes do not require a hearing before a certificate is issued, and none was held. These motions will be argued before some judge, identity yet unknown, on October 27 at what is called "short calendar" in Hartford Superior Court. I enclose our brief in opposition to both of them. After the argument, the judge will usually several weeks or several months later, render his decision in a written opinion. Sincerely, RGE:j rc Enclosure r I I i i I i i j CV-86-0319641S TOWN OF SOUTH WINDSOR SUPERIOR COURT AND WILLIAM R. RYAN VS. JUDICIAL DISTRICT OF HARTFORD/ NEW BRITAIN i AT HARTFORD STATE TRAFFIC COMMISSION, ET AL. OCTOBER 22 , 1986 PLAINTIFF-PETITIONERS' MEMORANDUM IN OPPOSITION TO DEFENDANT-RESPONDENTS' • TWO MOTIONS TO DISMISS This action is an appeal taken by the plain- tiff-petitioners Town of South Windsor and William R. Ryan, i Chief of Police of the Town of South Windsor (hereinafter the "Chief of Police") from a decision of the defen- dant-respondent State Traffic Commission (hereinafter the "STC") granting a certificate purportedly p y pursuant to j I j General Statutes Section 14-311 to the Homart Development , i Co. and Manchester I-84 Associates (hereinafter collectively j referred to as "the developers") . As alleged in the Appeal, il the facility for which the certificate was issued is a �I ii proposed multi-use development generally known as Buckland i Hills, which includes a 750,000 square foot shopping center hand 513 residential dwelling units in the Town of i Manchester, to be located on a parcel of land that is j contiguous to the Town of South Windsor. Developers, as the developer of Buckland Hills, applied to the STC for a certificate under General Statutes Section 14-311, which requires, inter alia, that: No person, firm, corporation . . . shall build, expand, establish or operate any . . . shopping Pp g center or other development generating large volumes of traffic, having an exit or entrance on, or abutting or adjoining, any state highway or substantially affecting state highway traffic within this state until such person or agency has procured from the state traffic commission a i certificate that the operation thereof will not j imperil the safety of the public. On June 3, 1986, the STC, without a hearing, issued to developers a certificate purportedly under General Statutes Section 14-311, subject to certain conditions and require- ments. The plaintiff-petitioners seek judicial review of the decision to rant that certificate i g pursuant to General + Statutes section 14-311 (e) and the constitutions of the I� United States and of the State of Connecticut. 1I Both Homart and I-84 Associates have filed Motions to Dismiss this appeal asserting as the ground for dismissal a j I. lack of subject matter jurisdiction. I-84's motion, filed it i� ii later, purports to be a joinder of Homart's, with a brief i Ii r i -2- i i I i i I citing additional arguments. The thrust of Homart's motion is: (1) this is not a "contested case" within the purview it of the UAPA; and i (2) the plaintiff-petitioners are not aggrieved by the decision of the STC and therefore do not have standing. The plaintiff-petitioners oppose both Motions to Dismiss, and present this Memorandum in Opposition to show j that they have met their burdens of pleading facts which i !! give rise to a cause of action over which the court does indeed have subject matter jurisdiction. i ARGUMENT I. PLAINTIFF-PETITIONERS HAVE AN INDEPENDENT STATUTORY RIGHT TO APPEAL THE DECISION OF THE STC TO THIS COURT IRRESPECTIVE OF ANY ADDITIONAL RIGHT TO APPEAL GRANTED IN C.G.S. §4-183 . A. §14-311(e) Provides an Independent Grant of �i Authority for Judicial Review i! Homart asserts in its brief that it assumes that this appeal is brought "under" the provisions of the Uniform Administrative Procedure Act, General Statutes §4-166 et ii Ii sea. (hereinafter the "UAPA") . From that assumption it it I I 'I I -3- i I i fastens upon the provision in §4-183 (a) providing for appeal by "a person. . . who is aggrieved by a final decision in a contested case. . . ". From this defendant proceeds to i the conclusion that plaintiffs have standing only if the STC proceeding was a "contested case", something they claim it j I was not because the proceeding was neither one in which the opportunity for a hearing was required by statute nor one wherein a hearing was in fact held. Defendant therefore claims plaintiffs have no standing. I Homart has arrived at an erroneous conclusion that i flows ineluctably from its initial incorrect assumption. The statute that gives plaintiffs their right to appeal is not the UAPA. That statute may provide an additional basis for appeal. In the case of many state agencies it provides the sole authority for any right of appeal. And it clearly prescribes the methods and incidents by which the appeal is I taken and pursued. But in the case of the STC, it does not constitute either the sole or the primary statutory authori- ty for appeal. That right --- as defendant I-84 Associates correctly recognizes in its brief (p. 2) --- is expressly accorded i i� I' -4- �I I i i I plaintiffs b General Statutes §14-311 e P Y ( ) , a statute whose li history long antedates the UAPA and a statute which the !' General Assembly has seen fit to continue even after enact- ment of the UAPA. It provides as follows: (e) Any person aggrieved by any decision 1 of the state traffic commission hereunder may appeal therefrom in accordance with the provi- sions of section 4-183 , except venue for such I appeal shall be in the judicial district in ! i which it is proposed to operate such establish- ment. The provisions of this section except insofar as such provisions relate to expansion shall not apply to any open air theater, shop- ping center or other development generating large volumes of traffic in operation on July 1, I 1967 . (§14-311 was most recently amended by Public Act No. 85-498 in 1985; as recently s last year, however, the General Assembly left intact and unamended subsection (e) ) . j §14-311 (e) provides a right of appeal to "any person aggrieved by any decision of the state traffic commission". Defendant Homart makes much of the fact that §14-311 "does I� not require that a hearing be held by the state traffic commission before issuing a certificate of operation" ii (Homart brief, p. 4) . We agree that the statute does not it is 11 have such a hearing requirement. Under §4-183 (a) such a �! hearing requirement would have made an STC decision a i i I I i "contested case". The significance of §14-311(e) is thus manifest: it grants a right of appeal from "any" decision I of the STC even though it neither requires nor contemplates any hearing --- even though, that is to say, by its very terms it recognizes such a decision would not be in a i ! "contested case" within the meaning of the UAPA. Homart's underlying assumption, of course, is that any i appeal from any administrative agency can only be pursuant ! to the exclusive authority found in §4-183. Defendant ignores the clear holdings of our Supreme Court in two cases that recognize that just the opposite is so. In McDermott V. Commissioner of Children and Youth Services, 168 Conn. 435, 440-441 (1975) the Court held that the UAPA i was designed for two purposes. First, it j provides for uniform standards by which all non-exempted agency action is to be judged; second, it provides a vehicle for judicial review as an alternative to preexistinct statutes ` or in situations in which no appellate review was previously provided Thus, where a party appeals pursuant to the jurisdictional grant of the UAPA, the agency action is measured by the standards contained within the UAPA. Similarly, where a party relies upon a separate statutory authorization . . . for judicial review, the reviewing court must then look to the UAPA to weigh the correctness of the agency action. i� (Emphasis added) . !i !! 11, i !i i� I li (j -6- i II I� � j I I i i The court reiterated this pronouncement of the dual i purposes of the UAPA in Hopkins v. Pac, 180 Conn. 474 i (1980) . There, in deciding whether the Indian Affairs i I Council was an "agency" under the UAPA, the court held: I� �I If i Resolution of this issue must be made in light of the scope and object and the two-fold purpose underlying the UAPA in providing "uniform standards by which all non-exempted agency action is to be judged" and in providing a "vehicle for judicial review as an alternative to pre-existing statutes or in situations in which no appellate review was previously provid- ed. " McDermott v. Commissioner of Children & Youth Services, 168 Conn. 435, 441, 363 A.2d 103 . Id. at 477 (other citations omitted) . Thus, our Supreme Court has clearly recognized (1) the '! continuing vitality and validity of pre-UAPA statutes as authority for appeals from particular administrative agen- cies; and (2) the function of the appeal rights set forth in !i the UAPA as (a) an alternative grant of authority or, (b) i where no appellate review was previously provided, as the n sole authority. Clearly, § 14-311 (e) falls into the first category. It I has existed since 1951 Public Act No. 109, §2 : It i' i -7- I i I SEC. 2 . Any person claiming to be ag- grieved by any decision of the state traffic commission hereunder may, within ten days Ys from the rendering of such decision, appeal therefrom to the superior court for the county in which it is proposed to operate such open air theatre or, in case said court shall not be in session, to any judge thereof. The very existence of such a pre-existing and continu- ing statutory grant of a right of appeal distinguishes this case from the two cases on which Homart relies in its brief. 1 Reitzer v. Board of Trustees of State Colleges, 2 Conn App. 196 (1984) ; and Rvbinski v. State Employees' Retirement Commission, 173 Conn. 462 (1977) both dealt with purported appeals from the State Employees Retirement Commission; see ! I General Statutes § 5-155a et sec , Chapter 66. That Chapter contains no statute analogous to § 14-311 (e) . There is no i independent statutory authority for an appeal from the Retirement Commission as there is from the STC. Indeed, the Court in Rybinski expressly upheld the plea in abatement "Because there was no other statutory authorization for an appeal". Id. , at 473 . (emphasis supplied) .As to the Retirement Commission, therefore, §4-183 supplies the only �I i grant of appeal authority, as in category 2 (b) above. is r ij I� -8- i The question will then be asked: what is the purpose and effect of the phrase in §14-311(e) "in accordance with i the provisions of section 4-183"? The answer to that 11 question is found in the text and legislative history of the Act that added that phrase, Public Act No. 77-603 . That Act !! contained 124 sections. It dealt with what is now §14-311 (e) in Section 38 by amending it as follows: Ij Any person aggrieved by any decision of the state i! traffic commission hereunder may [within ten days from the rendering of such decision] appeal therefrom [to the court of common pleas for]IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4-183, I AS AMENDED BY SECTION 1 OF THIS ACT, EXCEPT VENUE FOR SUCH APPEAL IN the county or judicial district in which it is proposed to operate such estab- lishment [or, if said court is not in session, to any judge thereof] . The provisions of this section except insofar as such provisions relate to expansion shall not apply to any open air theatre, shopping center or other development generating large volumes of traffic in operation I on July 1, 1967. A review of that statute shows that it took the various and sundry time limits for appeals from actions of various !I state agencies and departments, and standardized them utilizing the procedures of the UAPA. In reporting the legislative bill out of committee to the floor of the Senate, Senator DePiano remarked: "This Bill makes a 30 day I I I -9- appeal period uniform for all appeals from administrative agencies. " 1977 Sen. Rep. pp. 2513-14, Remarks of Sen. DePiano, May 19, 1977. Thus, when Public Act No. 77-603 amended General IlStatutes Section 14-311(e) it did not repeal the grant of Ithe right to appeal provided by that section. It merely i! replaced the previous ten day appeal provision with the I; standardized reference to the provisions of the UAPA, which I ! provide a 30 day appeal period. The sole purpose and effect i! of the phrase was thus to provide uniformity of procedures in taking and pursuing administrative appeals, whether the ,, right to take them derived from pre-existing statutes or from §4-183 itself. And as the McDermott Court held, where, ! i ! ! as here, there exists a _separate statutory grant of the i I '' right to judicial review, §4-183 provides the criteria the ,' reviewing court must apply "to weigh the correctness of the :, agency action". See supra, p. 6. B. The Plaintiff-Petitioners Have a Right to Bring This Appeal Pursuant to the Constitutions of the United States and Connecticut. Even if the plaintiff-petitioners did not have an l� express statutory right (which they do) to appeal the ii Ii I -10- decision of the STC, they would still be entitled to bring this appeal pursuant to the fifth amendment to the Constitu- tion of the United States and article first, section 11 of the Constitution of Connecticut, which protect against ,, public taking of property without just compensation, and the fourteenth amendment to the Constitution of the United i,! States and article first, section 10 of the Constitution of i . Connecticut, which guarantee against any injury or depriva- ; jtion of rights without due process. The Supreme Courts of Connecticut and the United States have recognized that actions of public agencies are reviewable for constitutional ; ; infirmities even absent a statutory declaration of an �i ; express right to appeal. There is a strong presumption that legislative i bodies do not intend to prohibit all p judicial review of agency decisions. Dunlop v. Bachowski, 421 U.S. 560, 567, 95 S. Ct. 1851, 44 L.Ed. 2d 377 ; Abbott Laboratories v. Gardner, i 387 U.S. 136, 140, 87 S. Ct, 1507, 18 L.Ed. 2d 681. Even "unreviewable" decisions of adminis- trative bodies may be reviewed to determine whether the body has performed its statutory i duty, has acted in excess of its delegated powers, or contrary to a specific legislative i prohibition. Railway Clerks v. Employees Assn. , i 380 U.S. 650, 661, 85 S. Ct. 1192 , 14 L.Ed. 2d. 133 ; Leedom v. Kyne, 358 U.S. 184, 79 S. Ct. II 180, 3 L.Ed. 2d. 210. I -11- I i iHirschfeld v. Commission on Claims, 172 Conn. � 603 , 607 (1977) . Among the grounds for appeal alleged by the plaintiff-petitioners are precisely the statutory and constitutional infirmities for which the court in Hirschfeld u is 'i held agency action to be reviewable. is Accordingly, the Appeal properly sets forth independent constitutional bases for review. ,I II. THE PLAINTIFF-PETITIONERS HAVE ALLEGED SUFFICIENT FACTS !' TO SHOW THAT THEY ARE AGGRIEVED BY THE ACTION OF THE STC AND THAT THEY HAVE STANDING TO BRING THIS APPEAL. I The motion to dismiss, like its predecessor the motion ,,: to erase, admits all well-pleaded facts, and the Appeal must be construed most favorably to the plaintiff-petitioners. ' American Laundry Machinery, Inc v State, 190 Conn. 212, i i 217 (1983) ; Brown v. Cato, 147 Conn. 418, 419 (1960) . I "[E]very presumption must be indulged which favors the I : jurisdiction of the court. " Brewster v. Brewster, 152 Conn. i !; 228, 233 (1964) ; Fairfield Lumber & Supply Co v Herman, 139 Conn. 141, 144 (1952) . Facts which are necessarily j implied by the pleading need not be expressly alleged. f iTrichilo v. Trichilo, 190 Conn. 774, 779 (1983) ; Wexler i 1� -12- 1 I I I Construction Co. v. Housing Authority, 144 Conn. 187, 193 i (1956) . A. The Plaintiff-Petitioners Have Alleged a Colorable Claim of Direct Injury Sufficient To Satisfy the Requirements of Standing. l The Connecticut Supreme Court has held that: Standing is not a technical rule intended to keep aggrieved parties out of court; nor is it a test of substantive rights. Rather it is a practical concept designed to ensure that courts and parties are not vexed by suits brought to vindicate nonjusticiable interests and that judicial decisions which may affect the rights of others are forged in hot controversy, with j !; each view fairly and vigorously represented. These two objectives are ordinarily held to have been met when a complainant, makes a colorable claim of direct injury he has suffered or is j likely to suffers in an individual or represen- tative capacity. i ;; Maloney v. Pac, 183 Conn. 313 , 320-21 (1981) (citations I i omitted; footnote and emphasis by the court) . (� ----------- We emphasize that the question of standing is not i an inquiry into the merits. Standing is not shown never to I have existed when a plaintiff loses his suit. Standing jl requires no more than a colorable claim of injury; a plaintiff ordinarily establishes his standing by allegations of injury. Similarly, standing exists to attempt to vindicate "arguably" protected interests. 1 -13- I i i i i j The plaintiff-petitioners have alleged direct injuries which they have suffered and are likely to suffer, as required in Maloney, supra. "'Agrievement is established "if there is a possibili- ty, as distinguished from a certainty, that some legally ;, protected interest has been adversely affected. "' ;, Hall v. Planning Commission, 181 Conn. 442, 445, 435 A.2d 975 (1980) ; O'Leary v. McGuinness, 140 Conn. 80, 83 , 98 A.2d l 660 (1953) . " Bakelaar v. West Haven, 193 Conn. 59, 66 i (1984) . I Homart and I-84 have incorrectly looked solely to ,, paragraph 14 of the Appeal for allegations of aggrievement. I See Defendant Homart's Memorandum in Support of Its Motion to Dismiss, pp. 6-9 . The Appeal must be read as a whole. i In particular, paragraphs 1, 6, 13 and 14 establish the I '; rights and duties of the plaintiff-petitioners constituting ,: their "legally protected interest" and the violations of .; those rights and interference with and impingements on those ` duties by the action of the STC which have "adversely H affected" them. . it i' I ( 1 -14- i i i B. The Plaintiff-Petitioners Are Within the Class of Persons to Whom a Right to Appeal Is Granted By General Statutes Section 14-311(e) . is Section 14-311 (e) provides a right of appeal to "[a]ny person aggrieved by any decision of the state traffic .I llcommission hereunder. " That grant of the right to appeal is ;, much broader than the grants of rights to appeal from the ( actions of some other agencies. See, e.g. , General Statutes !! Section 5-242 (concerning the appointment and tenure of ,j teachers in state institutional schools) , which provides in i; Ij subsection (e) that "any employee aggrieved by the decision of an employer . . . may appeal . " (Emphasis added) . Similarly, section 10-145b (concerning teaching certifi- cates) provides in subsection (g) that "[a]ny teacher ! aggrieved by the decision of said board may appeal . . ." i (Emphasis added) . Similarly, section 10-187 (concerning fl appeals from decisions of a hearing board re school atten- li !; dance) provides that "[a]ny parent or guardian or emancipat- ed minor or a pupil eighteen years of age or older or local 11or regional board of education aggrieved by the finding of !� i 1! the hearing board established by the state board of educa- tion may appeal therefrom . . . " (Emphasis added) . i ! �I -15- �l i Unlike these examples of statutes which provide an express right of appeal to only a limited class of aggrieved per- sons, General Statutes Section 14-311 (e) does not restrict i the types of persons who may appeal decisions of the STC. These differences in the class of persons with the statutory right to appeal certain actions of certain agen- cies has not gone unnoticed by the legislature. Section 17 of Public Act No. 77-603 (the very statute amending § 14-311 i to conform its time periods to the UAPA) amended General Statutes Section 29-158 to broaden the class of persons who ,: may appeal the suspension or revocation of a private detec- tive's license from "any licensee whose license has been suspended or revoked" to "any party aggrieved by an order of 1 ;! the commissioner hereunder. " Thus, the legislature has consciously determined that ij Il certain appeals should be taken only by certain classes of I! ;; persons, while other appeals may be taken by any person �i aggrieved. An appeal under General Statutes Section I 14-311 (e) is in the latter category. The plain- 1 �i tiff-petitioners in this appeal need not show any particular type or manner of aggrievement; they need only show some j -16- i i I i i i i legal interest which has been impaired, and they have so ; alleged. C. The Plaintiff-Petitioners Have Alleged Their Legal ij Interests Which Must Be Protected. Paragraphs 1, 6, and 13 of the Appeal allege the status i� of the Town of South Windsor as a municipal corporation, the H ;! status of the Chief of Police as the Town's traffic authori- Ilty, the fact that Buckland Hills is contiguous to the ; boundaries of the Town, and the powers and duties of the 'I l :: Town of South Windsor and the Chief of Police to regulate .. and prohibit the traffic and the operation of motor vehicles ,; upon the streets and highways of the Town of South Windsor. Specifically, paragraph 13 alleges as follows: �i Among the powers and duties of the Town under law are the regulation and prohibition of traffic, i the operation of vehicles on streets and highways and off-street parking. The powers and duties of j the Chief of Police as South Windsor's traffic authority are set forth, inter alia, in General (� Statutes chapter 249. 1! These powers and duties are found, inter alia, in General Statutes § 7-148 (c) (6) (C) and (7) (B) . I� These are allegations of a "specific, personal and i� illegal interest in the subject matter of the decision as it -17- i i distinguished from a general interest, such as is the ii concern of all members of the community as a whole" Nader �I v. Altermatt, 166 Conn. 43, 51 (1974) , thus satisfying the jfirst prong of the test of standing cited by defendant I-84 . The powers and duties described above are specific. They I are personal to the Town as a municipal corporation and its traffic authority (here, Chief Ryan) . No one but the Town and the Chief are statutorily charged with these powers, : duties and responsibilities. Certainly, the people of South i' Windsor at large are not. It is for their benefit that the General Assembly has imposed these traffic and parking i ': duties on the municipal corporation and its traffic authori- . ty. Since only the Town as a municipal corporation and ! Chief Ryan as its traffic authority have these legal powers, duties and responsibilities, only they have the requisite I standing to bring this appeal to remedy the special injuri- ous effect this STC decision has had upon those legal _ I interests. I Necessarily implicit in pleading the powers and duties of the plaintiff-petitioners with respect to the roads and �I ;; highways of the Town of South Windsor are their n 'I �I -18- ;I responsibilities and potential liabilities arising from ; those powers and duties. As just one example, municipali- ties in Connecticut have a responsibility to keep their i� roads in reasonably safe condition for travel, which can H give rise to legal liability. Mausch v. Hartford, 184 Conn. i 467, 469 (1981) . Consequently, the Town of South Windsor j and its traffic authority have a direct, personal and substantial legal interest in making sure that the discharge of their responsibilities with respect to streets and '', traffic regulation are neither interfered with nor rendered I ineffective. Paragraph 14, however, discloses a series of ways in which the STC and its decision have specially and injuriously affected plaintiffs' legal interests. I Defendant I-84, in attacking the Town's standing here, ; has curiously cited Berlin v. Santaguida, 181 Conn. 421, 424 i i (1980) and Athanson v. Grasso, 411 F. Supp. 1153 (D. Conn. ; j1976) for the proposition that a Connecticut town (and its �Ipolice chief) may not challenge the constitutionality or (! legality of a state statute. The citations are inapposite. i ( Plaintiffs here are not attacking the constitutionality or illegality of §14-311 or any other state statute. Indeed, I� I! �i -19- ._ II i ! I I their very right of appeal derives from §14-311 (e) , as I-84 concedes. What they are challenging --- and what no case is questions their right to challenge --- is the action of a I! state agency purporting to act pursuant to state law. They ,I 1; question the interpretation by the STC of the laws governing its exercise of jurisdiction --- something Santaguida specifically authorizes towns as plaintiffs to do --- and I' the legality and constitutionality of the agency's exercise of its powers under law. Neither, it should be noted do plaintiffs p purport to ' sue in any "representative" capacity as representatives of I South Windsor residents. They sue --- as only they can sue i --- to vindicate their own personal legal interests granted W and imposed by statute and confirmed by common law against the injurious effects of the STC decision. This being so, i; II-84 's three out-of-state lower court citiations --- Snelling, Joseph, and Victoria Corporation (I-84 Brief, p. 11-14) --- are totally inapposite. The allegations of the Appeal clearly show substantial :; injury by the decision of the STC, for reasons more particu- larly set forth in Paragraph 14 . I� II I -20- I l i I! I i D. The Plaintiff-Petitioners Have Alleged Colorable Claims j: That They Have Suffered Or Are Likely To Suffer Direct !I Injury To Their Legal Interests. it 1. The Plaintiff-Petitioners Have Alleged That They Are Injured By The Unjust Taking of Property il Without Just Compensation. !I The taking of property by a public instrumentality f without just compensation is a violation of the fifth and fourteenth amendments to the Constitution of the United States, as well as a violation of article first, section 11 of the Constitution of the State of Connecticut. A "taking" in the constitutional sense does not require actual confiscation. Actions of public bodies which have i the effect of permanently restricting the use of property for an reasonable y purpose amount to a taking; and if done i 11 without compensation they are unconstitutional and impermis- sible. Bartlett v. Zoning Commission, 161 Conn. 24, 31 (1971) ; Horwitz v. Waterford, 151 Conn. 320, 324 (1964) . i The Supreme Court of Connecticut has gone farther than just it recognizing a taking in the constitutional sense from regulation which prevents any reasonable use resulting in a "practical confiscation. " In Brecciaroli v. Commissioner of Environmental Protection, the court held: -21- I I 1 I 1. 1 1 Short of regulation which finally restricts the use of property for any reasonable purpose, resulting in a "practical confiscation, " the determination of whether a taking has occurred must be made on the facts of each case with consideration being given not only to the degree of diminution in the value of the land but also I to the nature and degree of public harm to be prevented and to the alternatives available to the landowner. Horwitz v. Waterford, supra, 323-24 ; see Vartelas v. Water Resources Commis- sion, 146 Conn. 650, 654, 153 A. 2d 822 . 168 Conn. 349, 356 (1975) . The plaintiff-petitioners have alleged at least two I !! takings which have resulted from the STC's actions. Para- graph 14 (a) of the Appeal alleges that the effect of the traffic to be generated on the roads of South Windsor i amounts to a taking. In light of the consideration that 1 must be given "to the nature and degree of public harm to be I I prevented, " this allegation satisfies the requirements of pleading a taking in the constitutional sense. Brecciaroli, supra. i Paragraph 14 (f) (1) of the Appeal alleges that the STC i requires cul-de-sacing of Slater Street, and alleges that i ; such action terminates a long-established connector route !! between two main arteries, disrupting long-established and i proper traffic flow and penalizing South Windsor residents. �j �I II -22- I w �• � f i i �i The plaintiff-petitioners thus have alleged that the actions of the STC will permanently prevent them and the people of the Town of South Windsor, whose safety they have a judi- cially recognized duty to protect, from using Slater Street It H for the very purpose for which it is designed --- that of a connector route between two major traffic arteries. The i : termination of that route would not only practically destroy ' the value of the road, it would also cause extensive and ;` grave harm to the public, as alleged in the Appeal. As pointed out above, it is not necessary at this time j '; to decide whether or not the allegations of an unconstitu- Itional taking will be proven; the focus of the inquiry on : the motion to dismiss is on whether the plain- '� tiff-petitioners have alleged facts which, if proven, show the possibility that some legally protected interest has i! been harmed. Maloney v. Pac, supra; see also, Reitzer v. �i Board of Trustees of State Colleges supra,it , 2 Conn. App. at !; 201. it Standing does not require an inquiry into the merits of I ' the case. It merely requires pleading a colorable claim of injury to an interest which is arguably j Y g y protected by statute -23- .r i i i i I I i or constitution. Data Processing Service v Camp, 397 U.S. is 150, 153 (1970) ; Maloney v. Pac, sulora, at 200. The allega- tions of the Appeal satisfy those criteria. 2 . The Plaintiff-Petitioners Have Been Injured By the Refusal and Failure of the STC To Hold a Hearing or To Provide an Opportunity to Be Heard or To Present Evidence. Paragraph 14 (b) of the appeal alleges the failure and '.i refusal of the STC to hold a hearing or otherwise to provide an opportunity to be heard or to present evidence. That denial of an opportunity to be heard substantially injured : the plaintiff-petitioners by denying them due process guaranteed by the Constitutions of the United States and 1. Connecticut. i For more than a century, the central meaning of procedural due process has been clear. "Parties whose rights are to be affected are entitled to I be heard; and in order that they may enjoy that right they must first be notified. " Baldwin v. Hale, 68 U.S. 223, 233 , 17 L.Ed. 531; Windsor v. McVeigh, 93 U.S. 274, 23 L.Ed. 914 ; Hovey v. Elliott, 167 U.S. 409, 17 S. Ct. 841, 42 L. Ed. 215; Grannis v. Ordean, 234 U.S. 385, 34 S. Ct. 779, 58 L.Ed 1363 . It is equally fundamental I j that the right to notice and an opportunity to be heard "must be granted at a meaningful time and in a meaningful manner. " Armstrong v. ii Manzo, 380 U.S. 545, 552, 85 S. Ct. 1187, 14 L. k Ed. 2d 62 . i I� I' (, I -24- I i �� I Roundhouse Constructio n Corporation v. Telesco Masons Supplies Co. , 168 Conn. 371, 367-77 (1975) . !` Plaintiffs have alleged that the property which was the subject matter of the STC's deliberations and decision was contiguous to the Town of South Windsor. Plaintiffs have alleged their legally-mandated powers, duties and responsi- bilities with respect to traffic, streets and parking within the boundaries of South Windsor. Defendant Homart has ii appended to its brief on its motion to dismiss the minutes of the June 3 , 1986, STC meeting disclosing all of the STC actions incident to its decision affecting traffic in and I through South Windsor, affecting streets traffic and parking in South Windsor --- matters reposed by law exclusively in i i ;; plaintiffs' jurisdiction and matters as to which plaintiffs and no one else will be held legally answerable. Plaintiffs in their Appeal, especially in Paragraph 14, have alleged ;i , the injurious effect upon their legal interests under law of �I the STC's procedures and decision. it I-84, with a dismissive wave of its developer's heavy i hand, deprecates the injury to plaintiffs as generalized or speculative grievances. But no one can doubt that the STC �I I� I -25- I II I decision does affect how plaintffs can exercise their powers �i and duties and fulfill their legal responsibilites. No one can dispute that what the STC did with respect to South Windsor streets and traffic flow --- all as more fully alleged in Paragragh 14 (f) of the Appeal and shown in the aforesaid June 3 minutes --- has a direct, immediate and injurious effect upon plaintiffs, in whom the law vests exclusive jurisdiction over streets, traffic and parking i within South Windsor. And if it is claimed that the fact of 26 accidents, 11 of them involving personal injury, between 1983 - 1985 at the Route 30 - Foster Street intersection is speculative or a generalized fear, let the doubters ask the victims, whose numbers the STC decision bids fair to in- ' crease, and the legal liability for which will be placed upon the plaintiff Town and Chief of Police as responsible : for town streets and traffic. All of these indicate that the STC knew, or should have :' known, that plaintiffs had rights that would be affected by i' its decision. Roundhouse, supra. This being so, they ;; should under due process of law have been afforded an ;i Hopportunity to be heard "at a meaningful time and in a ii �i I -26- it � I i I ! I i !I meaningful manner". Ibid. Plaintiffs allege that they did not sit and wait to be invited, either: they asked for an �i opportunity to be heard, and none was afforded. And it is no answer to say, as defendants do, that § 14-311 does not i I� require a hearing. § 14-311 is a statute; due process is a li constitutional command. STC had the power and discretion to hold a hearing. Plaintiffs asked it to do so. It failed to I I do so. It proceeded to render a decision eviscerating the ! i , power of plaintiffs under law effectively to fulfill their i legal responsibilities. That abuse of discretion and i dereliction of duty cannot escape judicial review. All of the matter comprehended in Paragraph 14 falls j within the provisions of General Statutes § 4-183 (g) . I Plaintiffs have simply sought to be more specific than they would have had they merely cited that statute. Regardless of whether the right to appeal from the it actions of an agency arises under the UAPA or elsewhere, all li state agency action is to be governed and guided by the ' UAPA. McDermott v. Commissioner of Children & Youth Servic- Ives, supra, 168 Conn. at 440; New Haven v. State Board of i IILabor Relations, 36 Conn. Sup. 18, 23 (Sup.Ct. , Berdon, J. , i ,i I i I -27- i i 11 Oct. 5, 1979) . The UAPA sets the standards by which all state agencies must make decisions which affect substantial i ii rights (such as the rights of the plaintiff-petitioners) as i; follows: �i The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) in excess of the statutory authority of the agency; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. f C.G.S. §4-183 (g) . Paragraph 14 of the Appeal alleges that the actions of " the STC were in violation of the standards set forth in General Statutes Section 4-183 (g) as quoted above, causing prejudice to the plaintiff-petitioners' substantial rights. Accordingly, the plaintiff-petitioners have sufficient- ly alleged their colorable claims of injury to their legal interests. III. IF THE DEFENDANT-RESPONDENT IS NOT SATISFIED WITH THE i PARTICULARITY WITH WHICH THE APPEAL IS STATED, ITS REMEDY IS A REQUEST TO REVISE RATHER THAN A MOTION TO DISMISS. I ii i I i -28- i II 1 As the first pleading in an appeal from the actions of an administrative agency, an Appeal, like a Complaint, need only set out the matters in question "in such a way as fairly to apprise the adverse party of the state of facts ( which it is intended to consider." Kovner v. Dubin, 104 ( Conn. 112 , 116 (1926) ; Sun Oil Co. v. Keane, 2 Conn. Cir. 524, 528 (App. Div. , Mar. 10, 1964) . I ii If, however, defendants remain in any doubt as to the issues plaintiffs are raising by this appeal, its remedy is jfound in the Practice Book. Since administrative appeals ,, are civil actions for purposes of the Practice Book Rules, i' P.B. §256; defendants may file a request to revise under i P.B. §147 askingfor greater particularity in plaintiff's l ;.' complaint. While plaintiffs believe the issues they raise : have been clearly stated, they will be happy to amplify ii 11their complaint pursuant to § 147 if defendanta are unhappy jor in doubt. Defendants has but to file their Request to it Revise. ii ii Ii I I i, -29- II I� I it CONCLUSION Tested by the standards by which a motion to dismiss must be judged, the defendant-respondents Homart and I-84 have failed to meet their burden of showing that the plaintiff-petitioners have failed to allege a colorable claim of injury they have suffered or are likely to suffer. Il Consequently, the motions to dismiss must be denied. I i! �I THE PLAINTIFF-PETITIONERS I Town of South Windsor and I William R. Ryan j i By Ralph G. liot, of Tyler Cooper & Alcorn CityPlace - 35th Floor Hartford, CT 06103-3488 Juris No. 00362 Tel. (203) 522-1216 Their Attorneys - I �I is t !I I� li -30- w II II CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing has been sent this 22nd day of October, 1986, via U.S. Mail, postage prepaid to: Michael D. Neubert, Esq. , Updike Kelly & Spellacy, One State Street, P.O. Box 31277, Hartford, CT i 06103 ; Susman & Duffy, P.C. , P.O. Box 1684, 234 Church Street, New Haven, CT 06507 and Robert T. Morrin, Assistant ( Attorney General, 90 Brainard Road, Hartford, CT 06114. j� '! Ralph G lliot f i it !i i I) I i� 20, 1986 To the Mayor & the Town Council of South Windsor-,Ct. Oct.The Pleasant Valley Neighborhood Association and residents of the south eastern section of South Windsor are very concerned regarding the traffic on our streets. The newly opened exit from I-86 going west to Buckland road which opened in Aug. 1986, we are experiencing increase of traffic on Chap&1 Road,Pleadant Valley Rd, and Clark Street; as our roads serve as a short cut to Bissell Bridge, which is toll free to I-91. With the increase of developments and other devvelopments either proposed or presently under construction in the South Eastern seutipn of our rural residential area. The generating traffic volumes especially trucks our local streets are being severly impacted by these projects creating safety hazards to both pedestrains and vehicular travelers. The people's cnncerns also are noise and air pollution. this will greatly effect and change the nature of the existing rural residential environments by this increase of traffic and thereby resulting in depreciated residential property values. The larger trucks traveling our residential streets are 14 418 cwheelers. The 14 wheelers weigh 50,000 to 60,000 lbs, the 18 wheelers-1weigh 80,000 to 100,000 lbs. With the deregulation of trucks these weights caay be even higher. A truck transporting frozen food due to the thickness of the walls may weigh more. With this type of truck traffic and the increase of car traffic will the culverts handle this weight? There is one on Clark Street, two on Pleasant Valley Road, and the bridge by the Veterans Memorial Park. Exiting onto Pleasant Valley Road from I-86 signs are missing indicating which way to turn onto Buckland Road and Route 30. The State of Conn. Dept. of transportation was called, we were referred to the Manchester Police Dept. , and spoke with a Mr. Woods of the road division. No sign as yet. Called on 9-12-86. Attached are traffic counts taken on the following days: 8-19-86 4:10P.M. to 5:00 P.M. Intersection of Amato Drive & Pleasant Valley. 87 trucks, 32 vans, 8-20-86 4:OOP.M. to 5:00 P.M. Same location. 69 trucks, 40 vans, 14 Bronco' s,Jimmy' s Ram Charger etc. This was taken by Melaine Cunningham of 1104 Pleasant Valle*.,-Rd. 8-26-87 3:30P.M. to 4:30P.M. Counted from 1164 Pleasant Valley Rd. 491 cars, 9 trucks, 3 trailer-.-trucks, 9 motorcycles. P-12-86 3:30 to 4:30P.M. same location. 511 cars, 4 trailer trucks, 11 trucks, 6 motorcycles. This was taken by Frank Coggshall of 1164 Pleasant Valley Rd. We are asking the South Windsor Town Council to petition the Governor to expedite construction of the I-291 connector from Bissell Bridge,So. Windsor to Manchester which will serve to divert increase in traffic away from local residential neighbrboods therby negating potentially harmful effects of air and noise pollution, property depreciation, and the loss of presently-,enjoyed rural residential atmosphere and insure the Public Safety of our residents. Sincerely, r (Mrs)Rose Pastula President, The Pleasant Valley Neighorbood Association CC; file _ 30� ✓Baca/ i I' thus terminating a connector street between two very impor- tant arteries, Tolland Turnpike and Route 30, a long-established collector route, thus disrupting long-established and proper traffic flow and penalizing South Windsor residents) ; and (2) the creation of an extraordinari- ly and life-threateningly dangerous condition at the inter- section of Foster Street and Route 30, where during the calendar years 1983-1985 there were a total of 26 separate accidents at the intersection, 11 of which involved personal injury. All of the aforesaid has the effect of inter alia imperilling the safety of the public. WHEREFORE, plaintiff-petitioners appeal from the deci- sion of the STC and petition the court to review that deci- sion, to enter judgment reversing it or remanding for further consideration, and to grant such further legal and equitable relief as the Court deems appropriate; and make application for leave to present additional evidence in support of that appeal which is material, because plaintiff-petitioners were afforded no hearing before the STC at which to present any evidence. -8- i Dated at Hartford, Connecticut this 1st day of July, �i 1 1986. I I I. THE PLAINTIFF-PETITIONERS I TOWN OF SOUTH WINDSOR, AND WILLIAM R. RYAN i By , R 1ph G. lliot, of Tyler Cooper & Alcorn 00362 CityPlace - 35th Floor Hartford, CT 06103-3488 (203) 533-1216 !� Their Attorney I i I, i -9- I I' II RETURN DATE: JULY 15, 1986 TOWN OF SOUTH WINDSOR SUPERIOR COURT AND WILLIAM R. RYAN V. JUDICIAL DISTRICT OF HARTFORD-NEW BRITAIN AT HARTFORD STATE TRAFFIC COMMISSION, HOMART DEVELOPMENT COMPANY, AND MANCHESTER I-84 JULY 1, 1986 ASSOCIATES BOND KNOW ALL MEN BY THESE PRESENTS, That we, the Town of South Windsor, Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut, as principal, and William H. Champlin III, CityPlace - 35th Floor, Hartford, Connecticut, as surety, are holden and stand firmly bound and obliged, jointly and severally unto the State of Connecticut and the other defendants, in the penal sum of $250, to be paid to the State or its certain attorney and to the other defendants; to which payment we do bind ourselves, our heirs, executors and administrators, firmly by these presents. � r i' i i ii I I! li The condition of this obligation is such that whereas the above bounden principal has appealed from an order of the State Traffic Commission dated June 3 , 1986, and mailed June 4, 1986 which granted a certificate under General Statutes Sec. 14-311 to the other defendants returnable to the Superior Court for the Judicial District of Hartford/New Britain at Hartford on July 15, 1986. Now therefore, if the principal shall prosecute this (appeal to effect and shall pay all costs in case it fails to isustain such appeal, then this bond shall be void, otherwise to remain in full force. Dated at Hartford and South Windsor, Connecticut this , 30th day of June, 1986. PRINCIPAL THE TOWN OF SOUTH WINDSOR By4i� %! Ric and J Sartor, Town Manager and Chief Executive Officer SUR Y Will ' Champl n I -2- i �i �I RETURN DATE: JULY 15, 1986 TOWN OF SOUTH WINDSOR SUPERIOR COURT AND WILLIAM R. RYAN V• JUDICIAL DISTRICT OF HARTFORD-NEW BRITAIN AT HARTFORD ( STATE TRAFFIC COMMISSION, HOMART DEVELOPMENT COMPANY, AND MANCHESTER I-84 JULY 1, 1986 ASSOCIATES BOND KNOW ALL MEN BY THESE PRESENTS, That we, Richard J. Sartor, Town Manager and chief executive officer of the Town of South Windsor and appointing authority of William R. Ryan, the traffic authority, of Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut, as principal, and William H. Champlin III, CityPlace - 35th Floor, Hartford, Connecti- cut, as surety, are holden and stand firmly bound and obliged, jointly and severally unto the State of Connecticut and the other defendants, in the penal sum of $250, to be paid to the State or its certain attorney and to the other I I i� l defendants; to which payment we do bind ourselves, our heirs, executors and administrators, firmly by these presents. The condition of this obligation is such that whereas ,the appointee of the above bounden principal has appealed from an order of the State Traffic Commission dated June 3 , 1986, and mailed June 4, 1986 which granted a certificate junder General Statutes Sec. 14-311 to the other defendants I ( returnable to the Superior Court for the Judicial District of �IHartford/New Britain at Hartford on July 15, 1986. Now therefore, if the appointee of the principal shall prosecute this appeal to effect and shall pay all costs in case it fails to sustain such appeal, then this bond shall be void, otherwise to remain in full force. -2- II i II II II Dated at Hartford and South Windsor, Connecticut this 30th day of June, 1986. PRINCIPAL RICHARD J. SARTOR, TOWN MANAGER AND CHIEF EXECUTIVE OFFICER OF SOU WINDSOR B � Y Richard J. /a—rto—r, — Town Manager and Chief Executive Officer SU ETA' William H. Cha lin III -3- RETURN DATE: JULY 15, 1986 TOWN OF SOUTH WINDSOR SUPERIOR COURT AND WILLIAM R. RYAN e V. JUDICIAL DISTRICT OF HARTFORD-NEW BRITAIN AT HARTFORD STATE TRAFFIC COMMISSION, HOMART DEVELOPMENT COMPANY, AND MANCHESTER I-84 JULY 1, 1986 ASSOCIATES CITATION AND SUMMONS TO ANY PROPER OFFICER, GREETING: BY AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby commanded to summon the State Traffic Commission, at State Department of Transportation, 24 Wolcott Hill Road, Wethersfield, CT 06109; Homart Development Company, a foreign corporation, and Manchester I-84 Associates, a Connecticut limited partnership, both giving their address as "c/o Attorney John Fitzgerald, 99 E. Center Street, Manches- ter, CT 060400, to appear before the Superior Court within and for the Judicial District of Hartford/New Britain at l Hartford on July 15, 1986, then and there to answer unto the foregoing petition and appeal of The Town of South Windsor, a Connecticut municipal corporation having offices at Town Hall, 1540 Sullivan Avenue, South Windsor, CT 06074 and William R. Ryan, Chief of Police of the Town of South Windsor,- with his office at Police Department Headquarters, Sand Hill Road, South Windsor, CT 06074 by serving upon each a true and attested copy of the appeal and petition, bond, and of the citation and summons in the manner prescribed for the service of civil process, at least twelve days before said return date, and due- return make. Hereof fail not, but of this writ with your doings thereon make due service and return. -2- i Dated at Hartford, Connecticut this 1st day of July, 1986. By ­Z7�� Ralph G. lliot, o Tyler Cooper & Alcorn 00362 CityPlace - 35th Floor- Hartford, CT 06103-3488 (203) 522-1216 Please enter the appearance of: TYLER COOPER & ALCORN CityPlace -- 35th Floor Hartford, CT 06103-3488 (203) 522-1216 as attorneys for the plaintiffs TYLER COOPER & ALCORN Juris No. 00362 By Ral h GE. Fliot A Member of the Firm -3- RETURN DATE: JULY 15, 1986 TOWN OF SOUTH WINDSOR SUPERIOR COURT AND WILLIAM R. RYAN V. JUDICIAL DISTRICT OF HARTFORD-NEW BRITAIN AT HARTFORD STATE TRAFFIC COMMISSION, HOMART DEVELOPMENT COMPANY, AND MANCHESTER I-84 JULY 1, 1986 ASSOCIATES APPEAL To the Superior Court for the Judicial District of Hartford-New Britain at Hartford on July 15, 1986, come the Town of South Windsor, a municipal corporation of the State of Connecticut with its offices at Town Hall, 1540 Sullivan Avenue, South Windsor, CT. 06074, and William R. Ryan, Chief of Police of the Town of. South Windsor, with his office at Police Department Headquarters, Sand Hill Road, South Windsor, CT 06074, appealing from a decision of the State Traffic Commission and petitioning this court for judicial review of that decision, and complain and say: 1. Plaintiff-petitioner the Town of South Windsor (hereinafter referred to _ as "the Town") is, and at all F • � c relevant times herein was, a municipal corporation of the State of Connecticut. Plaintiff-petitioner William R. Ryan is the Chief of Police of the Town and is by law its traffic authority, appointed as such by the Town Manager Richard J. Sartor who, in turn, is the chief executive officer of the town. _ 2. Defendant-respondent State Traffic Commission (hereinafter referred to as "the STC") is a public agency of the State of Connecticut created pursuant to General Statutes Sec. 14-298, and having the powers and duties prescribed in, inter alia, chapter 249 of the General Statutes. 3 . Among the powers and duties of the STC are those set forth in General Statutes Sec. 14-311 with respect to applications by those proposing to build 'shopping centers or other development generating large.volumes -of traffic" for "a. certificate that the operation thereof will not imperil the safety of the public". 4. Under date of October 22, 1985, defendant-respondents "Homart Development Co. and Manchester I-84 Associates c/o Attorney John Fitzgerald, 99 E. Center Street, Manchester, CT. 06040" (hereinafter collectively -2- C referred to as "Homart" or "the developers") as owners of a facility called "Buckland Hills, Buckland Street, Town of Manchester 06040" filed an application for the aforesaid kind of certificate with respect to that facility under General Statutes Sec. 14-311. 5. The application stated that the facility would have 4,302 parking spaces; that construction would start on July 1, 1986; and that the opening date would be June 30, 1988. 6. The facility in question is generally known as Buckland Hills. It will be a multi-use development in the Town of Manchester on the-east side of Buckland Street between Interstate 84 and the South Windsor town line. The subject property is contiguous to the Town, because the aforesaid town line forms one of. the subject property's boundaries. 7. The parcel of land consists of approximately 138 acres, and is to be developed into a shopping mall having gross leasable area of 750,000 square feet, and a total of 513 residential dwelling units (22 single-family, 76 duplex, and 177 townhouse and 238 high-rise units) . S. The proposed mall would be directly across Buckland Street from the Winchester Mall, located on 57 acres of land -3- primarily in South Windsor, which would, like Buckland Hills Mall, be a regional shopping mall of similarly large retail square footage. On February 5, 1985, the South Windsor Planning and Zoning Commission had, with significant condi- tions attached with respect to traffic-related improvements, granted the application of Winchester Mall's developers for a change of zone and approval of a general plan of development. 9. The STC designated the Buckland Hills application STC No. 076-8510-01. 10-. The STC held no public hearing on the Buckland Hills application. that would have afforded interested per- sons, including plaintiff-petitioners, an opportunity to present facts and evidence the STC should have considered before rendering its decision. w 11. The STC under date of June 3, 1986, issued to Homart purportedly under General Statutes Sec. 14-311 Certifi- cate No. 603 for the aforesaid Buckland Hills, subject to conditions and requirements set forth in an attached report and plans. 12. Notice of this final decision was mailed under date of June 4, 1986, by William W. Stoeckert, Executive Director of the STC. -4- i (I i 13 . Among the powers and duties of the Town under law are the regulation and prohibition of traffic, the operation of vehicles on streets and highways and off-street parking. The powers and duties of the Chief of Police as South Windsor's traffic authority are set forth, inter alia, in General Statutes chapter 249. 14. The plaintiff-petitioners are aggrieved by the STC's aforesaid decision issuing the certificate in that the decision was in violation of the Constitutions of the United States and the State of Connecticut, in excess of the STC's statutory authority, made. upon unlawful procedure; clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or arbitrary or capricious or characterized by an abuse of, or clearly unwarranted exercise of, discretion in some or all of various respects, including the. following: a.- In that the effect upon the Town of the roads and traffic generated in South Windsor as a result of the decision will effectively constitute a taking of property of the Town without just compensation. -5- b. In that the STC failed, neglected and refused to hold a hearing on the application or to give plaintiff-petitioners and other interested persons a reason- able alternative opportunity, to afford interested persons, including plaintiff-petitioners, an opportunity to be heard and present evidence on the adverse effect granting-the certificate would have on the Town, despite the request for such a hearing or opportunity made by the plaintiff-petitioner Ryan. c. - In that the STC failed to include in its consideration of. the Homart application the factors required by law, reason and due process to be considered, whereas had they been considered the STC could not legally have rendered the decision it did. } d. In that the STC failed to include in its consideration the significantly adverse effect granting the certificate would have on South Windsor in light of the effects anticipated from the previously-approved Winchester Mall, whereas if such consideration had been given, the STC could not legally have rendered the decision it did. -6- e. In that the STC has failed to adopt regula- tions, as the statutes require it to do, promulgating and adopting rational (or any) standards for making decisions such as the issuance of the Buckland Hills certificate. f. In that the STC ignored, and/or failed ade- quately to protect South Windsor against, the significantly adverse effect upon South Windsor of the traffic which would be generated by the Buckland Hills facility, whereas had it done so it would have denied or substantially modified the Buckland Hills certificate. Among the conditions to the certificate which the STC-should have required the developers to accomplish prior to the opening of the Buckland Hills Mall, but did not require in an abuse of its discretion or a clearly unwarranted exercise of that discretion, are certain improvements on Smith Street, Wheeler Road', and Clark Street/Pleasant Valley Road. Among the other aspects of the certificate which constitute an abuse of the STC's discretion or an unwarranted exercise of it, or are arbitrary or capri- cious are (1) the manner in which it deals with Slater Street and the increased traffic to be generated by the Buckland Hills Mall (The STC requires cul-de-sacing Slater Street, -7- i I thus terminating a connector street between two very impor- tant arteries, Tolland Turnpike and Route 30, a long-established collector route, thus disrupting long-established and proper traffic flow and penalizing South Windsor residents) ; and (2) the creation of an extraordinari- ly and life-threateningly dangerous condition at the inter- section of Foster Street and Route 30, where during the calendar years 1983-1985 there were a total of 26 separate accidents at the intersection, 11 of which involved personal injury. All of the aforesaid -has the effect of inter alia imperilling the safety of the public. WHEREFORE, plaintiff-petitioners appeal from the deci- sion of the STC and petition the court to review that deci- sion, to enter judgment reversing it or remanding for further consideration, and to grant such further legal and equitable relief as the Court deems appropriate; and make application for leave to present additional evidence in support of that appeal which is material, because plaintiff-petitioners were afforded no hearing before the STC at which to present any evidence. -8- fi i ii �I I� Dated at Hartford, Connecticut this 1st day of July, 1986.. THE PLAINTIFF-PETITIONERS TOWN OF SOUTH WINDSOR, AND WILLIAM R. RYAN _ _ i II I By II R 1ph G. lliot, of Tyler Cooper & Alcorn 00362 CityPlace - 35th Floor Hartford, CT 06103-3488 (203) 533-1216 Their Attorney -9- 1 RETURN DATE: JULY 15, 1986 TOWN OF SOUTH WINDSOR : SUPERIOR COURT AND WILLIAM R. RYAN V. JUDICIAL DISTRICT OF HARTFORD-NEW BRITAIN AT HARTFORD STATE TRAFFIC COMMISSION, HOMART DEVELOPMENT COMPANY, AND MANCHESTER I-84 JULY 1, 1986 ASSOCIATES : . BOND KNOW ALL MEN BY THESE PRESENTS, That we, the Town of South Windsor, Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut, as principal, and William H. Champlin III, CityPlace - 35th Floor, Hartford, Connecticut, as. surety, are holden and stand firmly bound and obliged, jointly and severally unto the State of Connecticut and the other defendants, in the penal sum of $250, to be paid to the State or its certain attorney and to the other defendants; to which payment we do bind ourselves, our heirs, executors and administrators, firmly by these presents. r 1 I The condition of this obligation is such that whereas the above bounden principal has appealed from an order of the State Traffic Commission dated June 3, 1986, and mailed June 4, 1986 which granted a certificate under General Statutes Sec. 14-311 to the other defendants returnable to the Superior Court for the Judicial District of Hartford/New Britain at Hartford on July 15, 1986. Now therefore, if the principal shall prosecute this appeal to effect and shall pay all costs in case it fails to sustain such appeal, then this bond shall be void, otherwise to remain in full force Dated at Hartford and South Windsor, Connecticut this 30th day of June, 1986. PRINCIPAL THE TOWN OF SOUTH WINDSOR By 4%G Richard J Sartor, Town Manager and Chief Executive Officer S Y Willi Cham'pl n Irl -2- RETURN DATE: JULY 15, 1986 TOWN OF SOUTH WINDSOR SUPERIOR COURT AND WILLIAM R. RYAN V. JUDICIAL DISTRICT OF HARTFORD-NEW BRITAIN AT HARTFORD STATE TRAFFIC COMMISSION, HOMART DEVELOPMENT COMPANY, s AND MANCHESTER I-84 JULY 1, 1986 ASSOCIATES BOND KNOW ALL MEN BY THESE PRESENTS, That we, Richard J. Sartor, Town Manager and chief executive officer of the Town of South Windsor and appointing authority of William R. Ryan, the traffic authority, of Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut, as principal, and William H. Champlin III, CityPlace - 35th Floor, Hartford, Connecti- cut, as surety, are holden and stand firmly bound and obliged, jointly and severally unto the State of Connecticut and the other defendants, in the penal sum of $250, to be paid to the State or its certain attorney and to the other defendants; to which payment we do bind ourselves, our heirs, executors and administrators, firmly by these presents. The condition of this obligation is such that whereas the appointee of the above bounden principal has appealed from an order of the State Traffic Commission dated June 3 , 1986, and mailed June 4, 1986 which granted a certificate under General Statutes Sec. 14-311 to the other defendants returnable to the Superior Court for the Judicial District of Hartford/New Britain at Hartford on July 15, 1986. Now therefore, if the appointee of the principal shall prosecute this appeal to effect and shall pay all costs in case it fails to sustain such appeal, then this bond shall be void, otherwise to remain in full force. -2- Dated at Hartford and South Windsor, Connecticut this 30th day of June, 1986. PRINCIPAL RICHARD J. SARTOR, TOWN MANAGER AND CHIEF EXECUTIVE OFFICER OF SOU WINDSOR By Richard J. Partor, Town Manager and Chief Executive Officer S T William H. Ch lin III -3- TYLER COOPER & ALCORN COUNSELLORS AT LAW HUGH MEADE ALCORN,JR. JAMES G.KENEFICK,JR. 205 CHURCH STREET WILLIAM R.MURPHY BARRY C.HAWKINS CITYPLACE MILTON P.DEVANE IRVING S.SCHLOSS P.O.BOX 1936 JOHN H.FILER JON T.HIRSCHOFF 35TH FLOOR RICHARD BELL MH.CHAMPLIN, HARTFORD, CONNECTICUT 06103-3488 III WILLIAM S. TIMOTHY NEW HAVEN,CONNECTICUT 06509 ROGERS TIMOTHY W.BINGHAM (203)789-0700 ROBERT E. W.IA NNOTTI CARTER LAPRADE THORNENE AVID W.SCHNEIDER LAWRENCE W.IA (203) 522-1216 TELECOPIER(203)789-2133 RALPH G.ELLIOT ROBERT L.KEEPNEWS TELECOPIER (203) Z78-3802 GORDON S.FERGUSON RICHARD W.BOWERMAN MICHAEL J.DORNEY GEORGE E.O'BRIEN,JR. 3 LANDMARK SQUARE SAMUEL W.BOWLBY ROBERT J.METZLER,II SUITE 310 BRUCE LEWELLYN RONALD J.COHEN ROBERT K.CIULLA MARGARET P.MASON STAMFORD,CONNECTICUT 06901 JOSEPH C.LEE (203)348-5555 WILLIAM W.BOUTON,III LIVIA D.BARNDOLLAR TELECOPIER(203)348-5555 VERONICA M.FALLON EMMETT E.BROWN,III KATHY KIEFER PRIEST LEONARD C.BOYLE ALIGE A.BRUNO MICHAEL B.DASHJIAN SUFFIELD VILLAGE JEFFREY G.MAGUIRE SARA CHURCH DINKLER SUFFIELD,CONNECTICUT 06078 RICHARD F.T FR PAUJUDI T.A. RAVEL June 27, 1986 203)668-7326 MARV BETH FREDERICK JUDITH A.RAVEL MARK V.CONNOLLY JOHN F.WYNNE.JR. JOHN F.CULLINAN KAREN KAPEL ASTRACHAN WILLIAM S.FISH,JR. SHEILA M.COOLEY OF COUNSEL CHARLES W.LEEWELLYN MARGARET A.LITTLE HENRY W.PASCARELLA,P.C. KEVIN McCANN BEN A.SOLNIT ROBERTA L.McCAW PAUL A.MITCHELL 2 GLEN COURT,P.O.BOX 1038 STANLEY E.PARESE CHARLES E.RORABACK GREENWICH,CONNECTICUT 06836 DAVID J.WIESE (203)869-2000 PRIVILEGED AND CONFIDENTIAL Richard Sartor, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Pleasant Valley, et al v. South Windsor Planning and Zoning Commission, Docket No. CV-85-0302537S Dear Dick: At your request I have drafted, and enclosed a copy of, a resolution which the Town Council might consider adopting at the June 30 meeting. At its request, I shall plan to attend the meeting at 7: 30 on June 30. Sincerely, RGE:j rc RESOLUTION WHEREAS, the State Traffic Commission on June 3, 1986, issued Certificate No. 603 pursuant to General Statutes Section 14-311 to Homart Development Co. and Manchester I-84 Associates; and WHEREAS, the said Commission failed to hold a hearing to take evidence from, inter alia, the Town of South Windsor and other interested and affected persons on the adverse effect upon them of the traffic and other incidents to be generated by the development whose planning made the certificate necessary; and WHEREAS, the said Commission failed to take into consideration the criteria the law requires it to consider before issuing the permit, including but not by way of limitation the effect of traffic expected to be generated by the proposed and approved Winchester Mall in South Windsor; and WHEREAS, the Town is aggrieved by the issuance of the Certificate and its interests will be adversly affected by the traffic generated and traffic patterns and flow permitted under said certificate; and WHEREAS, the Town has been advised that the only way its interests in this regard can be protected is by appealing to the courts from the Commission decision. NOW THEREFORE be it resolved by the Town Council of the Town of South Windsor that the Town Manager be and he hereby is authorized and directed to take all action necessary and proper to institute and pursue in the name of the Town and appropriate others an appeal to the court from the aforesaid State Traffic Commission Certificate, and to retain the law firm of Tyler, Cooper & Alcorn to institute and pursue said action. a SOW N SF,` y'. 7-0-WI-2- aP Saudi 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 ���soe•C0 AREA CODE 203/644-2511 RICHARD J. SARTOR Town Manager June 27 , 1986 Ralph Elliot , Esq . Tyler , Cooper & Alcorn CityPlace , 35th Floor Hartford , Connecticut 06103 Dear Atty . Elliot : Re : STC Approval of Buckland Hills Traffic Proposal Attached is a copy of a Memorandum from Ms . Marcia Banach , South Windsor ' s Acting Director of Planning , regarding several concerns that were not adequately addressed in the Buckland Hills Proposal , or STC ' s traffic approval . Additionally , I have included herein a copy of a letter from the State of Connecticut Traffic Commission to Police Chief William Ryan , dated June 23 , 1986 , indicating in the first paragraph that a copy of Certificate No . 603 had been forwarded ; and , in the second paragraph , that Town of South Windsor officials had been advised at a June 3 meeting that requests for revisions and/or additions to the Certificate could be filed with that office . I have spoken with the Town staff members who were present at that meeting , and they have indicated that they had not been advised as indicated by Mr . Stoeckert ' s letter . If I may be of further assistance , please call . I look forward to seeing you on Monday , June 30 , at 7 : 30 p .m . , at the Town Hall . Very truly yours, -7- �, -1-2 J,1pl,255z�; Town Man I r RJS : prb Attmts . •�E„BFR�STATE OF CONNECT�ICUT Commissioner of Ts:+r,.,ortaaon TRAFFIC COMMISSION commissioner of Pub:i.Safe:} Department of Transportation Commissioner of Motor Vehicles 24 Wolcott Hill RoaL • P.O. Draxi A Wethersfield, Connecticut 06109 -t jo June 4, 1986 Homart Development Co. & Manchester I-84 Associates 99 East Center Street c/o Attorney John Fitzgerald Manchester, Ct. 06040 Dear Sir : Subject: Buckland Hills Buckland Street Manchester, Ct. 06040 Certificate No. 603 and Traffic Investigation Report No. 076-8510-01 detailing conditions of the Certificate are enclosed. An encroachment permit must be obtained from the Bureau of Highways-District No . 1 office at 1107 Cromwell Avenue in Rocky Hill prior to per— forming any work within the state highway right- of way. Very truly yours, William W. Stoecker-t Executive Director cc : Chief Robert D. Lannan - Mr. Russell Davidson Chief William R. Ryan Mr. Thomas D'Auria _ Attorney Thomas W. DeMille Fuss & O'Neill, Inc. P11011`': 566-5228 STATE OF CONNECTICUT '"EMBERS Commissioner of Transportation ` TRAFFIC COMMISSION Commissioner of Public Safety Commissioner of Motor Vehicles Department of Transportation 24 Wolcott Hill Road • P.O. Drawer A Wethersfield, Connecticut 06109 ISSUED June 3, 1986 CERTIFICATE N0.603 ISSUED TO Homart Development Co & Manchester I-84 Associates C/O Attorney John Fitzgerald-99 East Center Street Town of Manchester, Ct . 06040 FOR Buckland Hills Buckland Street Manchester, Ct. 06040 pursuant to Section 14-311 of the General Statutes of Connecticut, as revised and the Regulations of the State Traffic Commission The applicant is hereby ordered to comply with the conditions and requirements as set forth in the attached report and plans . Failure to comply with all conditions and the requirements will constitute sufficient basis for revocation of the Certificate. NO PERSON SHALL OPERATE THE DEVELOPMENT OR ANY PORTION THEREOF UNTIL SUCH TIME AS THE APPLICANT HAS COMPLIED WITH THE ABOVE UNLESS PERMISSION HAS BEEN REQUESTED AND RECEIVED FROM THE STATE TRAFFIC COMMISSION TO OPERATE PRIOR TO COMPLETION OF THE CONDITIONS AND REQUIREMENTS. THIS CERTIFICATE SHALL EXPIRE ONE (1) YEAR FROM THE DATE ISSUED UNLESS ALL CONDITIONS AND REQUIREMENTS ARE COMPLIED WITH WITHIN THAT PERIOD OR PERMISSION IS REQUESTED AND OBTAINED FROM THE STATE TRAFFIC COMMISSION TO EXTEND THE EXPIRATION DATE. Upon due notice from this Commission, this Certificate may be reviewed and modified °or revoked in the interest of public caf ety. J.WILLIAM BURNS CHAIRMAN William-W. Stoeckert Executive Secretary ri C W. STATE OF COr4NECTiCUT Report By Smith Date 5/86 DEPARTMENT OF TRANSPORTATION S.T.C. No. nzr,-Rr,1n-ni Robert S. Checked ByT -iorkQ6 s ate 5,/86 -TRAFFIC INVESTIGATION Loc. No. REPORT TO THE STATE TRAFFIC COMMISSION Date to S.T.C. -Completion Dates- TOWN Manchester Received By S.T.G. LOCATION North-East Quadrant ��N Signals Signs I-84 and Buckland Street . Date _ 1. F Markings Ap proved By S.T.C. S.T.C. Notified REQUESTED BY Homart Development Co. & Date JU Memo No. .. - -�--Y. t Manchester I-84 Associated ti fi c See Previous S.T.C. Report Cer HOW REQUESTED No. DATE 10/22/85 Executive Secretary Recommendations In accordance with Section 14-311 of the General Statutes of Connecticut, as revised, and as directed by the State Traffic Commission, issue a certificate to Homart development Company and Manchester I-84 Associates for the Buckland Hills 41" to be located in the Town of Manchester stating that the operation thereof will not imperil the safety of the public. This recommendation is referenced to plans prepared,-by Fuss & O`Neil Consulting Engineers, Inc. entitled and dated as follows: 1 ) "Intersection Improvement Plan - Buckland Hills" dated October 4, 1985 and revised May 30, 1986. (Sheet 7 of 10) 2) "Improvement Plan - Deming Street -- Buckland Hills" dated January 1986 and revised May 30, 1986. (Sheets 1 ,2,3,4 of 4) The recommendation is also based on the following conditions: 1 . That the developer construct a northbound right-turn lane at the intersection of Buckland Street and the I-84 eastbound ramps as indicated on number one of the above referenced plans. 2. That the developer construct South Access Road as indicated on number one of the above referenced plans. BY DIVISION OF TRAFFIC I BUREAU OF HIGUWAYS a - 2 - 3. That the developer construct a southbound left-turn storage lane at the intersection of Buckland Street and: South Access Road as indicated on number one of the above-referenced plans. 4. That the developer construct a northbound right-turn lane at the intersection of Buckland Street and South Access Road. This lane should extend through the intersection of Buckland Street and the I-84 High Occupancy Vehicle lanes as indicated on number one of the above-referenced plans. 5. That northbound Buckland Street be reconstructed between South Access Road and the vicinity of the South Windsor Town Line to provide continuity of •flow in two through-lanes as indicated on number one of the above-referenced plans. 6. That the developer close the existing median opening opposite the northern drive to the commuter parking lot on Buckland Street, as indicated on number one of the above-referenced plans. 7. That the developer construct North Access Road as indicated on number one of the above-referenced plans. 8. That the developer reconstruct Buckland Street to provide a northbound right-turn lane at the intersection with Pleasant Valley Road and North Access Road, as indicated on number one of the above-referenced plans. 9. That the developer construct a southbound left-turn lane on Buckland Street at the intersection with North Access `Road and Pleasant Valley Road as indicated on number one of the above-referenced plans. 10. That the developer construct an eastbound left-turn lane on Pleasant Valley Road at the intersection with Buckland -Street and North Access- Road as indicated on number one - of the above-referenced plans. 11 . That the developer initially install plastic pavement markings and lane-use control signing on Buckland Street and intersecting roadways as indicated on number one of the above-referenced plans. 12. That the existing Hale Road intersection with .RQute 30 be closed and relocated and Hale Road be reconstructed as indi= Gated on number two, Sheet 1#1, of the above-referenced plans. - 3 - 13. That Hale Road be reconstructed to provide a four-lane road- way between Route 30 and Slater Road. 14. That North Access Road be constructed from Buckland Street to Slater Road. 15. That the intersection of Slater Road, Hale Road and North Access Road be so constructed that Hale Road and North Access Road is a through-road with stop control on the Slater Road approaches. lb. That the developer reconstruct Route 30 (Deming Street) to provide two through-lanes eastbound beginning just east of the South Windsor/Manchester Town Line and extending easterly to match into the existing two lanes east of the I-84 westbound ramps/Avery Street intersection, as indicated on number two, Sheets #1 & 2, of the above-referenced plans. 17. That the developer reconstruct Route 30 (Deming Street) to provide two through-lanes and one left-turn lane westbound beginning just west of. McIntosh Drive and continuing westerly to the intersection with relocated Hale Road, then continuing with two through-lanes tapering back to a single westbound lane just west of the South Windsor/Manchester Town Line, as indicated on number two, Sheet #1 & 2, of the above-referenced plans. 18. That the developer provide an eastbound left-turn lane on Route 30 (Deming Street) at the intersection with Avery Street/I-84 westbound ramps as indicated on number two, Sheet #2, of the above-referenced -plans. 19. That the developer reconstruct the I-84 westbound ramps and Avery Street at the intersection with Route 30 to provide the geometry and lane arrangement as indicated on number two, Sheet #2, of the above-referenced plans. 20. That a westbound left-turn lane be constructed at the intersection of Route 30 (Deming Street) and Tolland Turnpike as indicated on number two, Sheet #3; of the above-referenced plans. - 4 - a 21 . That- the developer reconstruct the intersection of Route 30 and 83 (Tolland Turnpike) and the I-84 eastbound ramps/Oakland. Street to provide the geometry and lane arrangement as indicated on number two, Sheet #4, of the above-referenced plans. 22.That the developer initially install plastic pavement markings and lane-use control signing on Route 30 and intersecting roadways as indicated on number two of the above-referenced plans. The lane-use control regulations will be approved by the STC in a separate report. 23. That the developer install traffic signals at the following intersections: a) Buckland Street/South Access Road. b) Route 30 (Deming Street)/relocated Hale Road. ..� c) Chapel Rorad/Tol larLd :Turnpike. These signals are to be constructed in accordance with Connecticut Department of Transportation specifications. Traffic signal plans will be approved in separate reports. 24. That the developer revise the traffic signals at the following intersections: a) Buckland Street/Pleasant Valley Road/North Access Road. b) Route 30 (Deming Street)/Avery Street/I-84 westbound ramps. c) Route 30 (Deming Street)/Tolland Turnpike d) Route 30, Route 83 (Tolland Turnpike)/Oakland Street/I-84 eastbound ramps. These signals are to be revised in accordance with Connecticut- Department of Transportation specifications. Traffic signal plans will be approved in separate reports. 25. That - the traffic signals on - Buckland Street at the following intersections be interconnected to provide a coordinated system: a) Pleasant Valley Road/North Access Road. b) South Access Road. c) I-84 High Occupancy Vehicle lanes. d) I-84 eastbound ramps. 5 - 26. That the traffic signals on Route 30 at the following . intersections be interconnected to provide a coordinated system: a) Hale Road b) Avery Street c) Tolland Turnpike d) Oakland Street :e) Parker Street 27. That the developer be responsible for the installation of traffic signals at the locations listed below if, as a result of a study requested by the Town of Manchester . through the STC, it is determined that signalization is warranted, due to the addition of Mall generated traffic: a) Slater Road/Hale Road b) Union Street/Tolland Turnpike c) Slater Road/Tolland Turnpike d) Union Street/North Main Street 28. All pavement markings and signing shall conform to standards contained in the "Manual On Uniform Traffic Control Devices For Streets and Highways" as revised. 29. Thai all roadway improvements be subject to review and approval by the Department of Transportation and all requirements satisfied prior to the issuance of an encroachment permit. 30. Where utilities are to be relocated or where traffic is moved closer to an existing utility, the utilities shall be moved in compliance with current Department of Transportation practice and at no cost to the State. 31 . That all drainage requirements be satisfied prior to issuance of a permit by the Department of Transportation's District' I office. " 32. That sight lines based upon current Department of Transportation's standards, at all newly constructed roadways and driveways, in areas disturbed by construction, be provided. 33. That the developer deed land along the east side of Buckland Street to the Town of Manchester in conjunction with proposed widenings in this area as indicated on number one of the above referenced plans. 6 - 4 34. That in the event that the Town of South Windsor finds it necessary to cul-de-sac Slater Road at the South Windsor/Manchester Town tine to prevent through traffic to and from the Mall , the developer will be responsible for this construction and cost. 35. That the developer equitably participate in a future project to reconstruct the intersection of Route 30, Route 194, Route 74 and Buckland Road, that is above and beyond the scope of the improvements scheduled under Project Numbers 132-100 and 132-102, if such action is deemed necessary. The developer's participation shall be to the extent necessary to adequately handle the additional traffic that was either projected or '- found to be actually generated by the Buckland Hills development, whichever is applicable. 36• That the developer be responsible for the cost and construction'' of any : additional improvements deemed necessary by the State Traffic Commission, due to traffic distributions of Buckland Hills development generated traffic, that is significantly different from those submitted with the certificate application. 37. That approximately one year after the opening of the Buckland Hills Mall , during the time period between Thanksgiving and Christmas, the developer obtain turning movement traffic counts for the :p.m. peak hour on a typical shopping day at the following locations: a) Buckland Street at North Access Road and Pleasant Valley Road b) Buckland Street at South Access Road c) North Access Road at Slater Road and Hale Road d) Pleasant Valley Road at I-84 westbound ramps e) Buckland Street at I-84 eastbound ramps f) Route 30 at Hale Road g) Route 30 at Route 194, Route 74 and Buckland Road 38. That the State Traffic Commission reserves the right to require additional traffic improvements or changes as deemed necessary due to the development's.. traffic in the future. The cost of any additional improvements or changes shall be borne by the developer. - 7 Mr. Stephen F. Mitchell , the Developer's representative was . in agreement with these recommendations when contacted on May 30, 1986. Officer Gary Wood, representing Police Chief Robert D. Lannan, Legal Traffic Authority for the Town of Manchester was in agreement with these recommendations when contacted on May 30, 1986. Police Chief William R. Ryan, Legal Traffic Authority for- the Town of South Windsor was in agreement with condition Nos 33 through 37 when contacted on May 30, 1986. REPORT OF`FINDINGS TOWN OF MANCHESTER BUCKLAND HILLS STC #076-8510-01 Site Description: Buckland Hills will be a multi-use development on the east side of Buckland Street between Interstate 84 and the South Windsor Town Line in the Town of Manchester. The parcel , which consists of approximately 138 acres, is to be developed into a 750,000 square foot (gross leasable area) shopping mall and a total of 513 residential . dwelling .units (22 single-family, 76 duplex, and 177- townhouse and 238 high-rise units. ) The mall is to be a ,regional shopping facility with major access to be provided by -Interstate-84 via Exits 62 and 63. In addition, several major arterial roads and local collector/distributor routes surround the site and will provide a comprehensive traffic network to serve site-generated as well as through-traffic in the area. Parking spaces to be provided are shown below: Mall Parking = 3511 spaces High-rise Apartments = 357 spaces for 238 units Group Dwellings = 356 spaces for 178 units Additional parking for single-family and duplex units Existing Area Roadways: a. Interstate 84 Interstate 84 is a major east/west facility in the Hartford area which carries traffic from the eastern regions of the State to and from the City of Hartford. Over the past several years, this highway has been reconstructed from the Massachusetts State Line to the Town of Manchester. The remaining sections of the roadway in the Town of Manchester and the City of East Hartford are currently under construction and are expected to be completed within the next three years: In the Buckland Hills area, the completed facility will consist of three through-travel lanes in each direction and a separated high occupancy vehicle lane (HOVE) in each direction in the center median. In addition, collector/distributor roads are to be constructed on each side of the highway through the Town of Manchester between the Interstate 384 connector at the East Hartford City Line, and the Buckland Street entrance and exit ramps adjacent to the mall . It is expected that this important facility will carry the majority of site-bound traffic. 2 - b. Buckland Street/Buckland Road Buckland Street,. which services an average daily traffic of 11 ,400 vehicles, is immediately adjacent to the site and has been recently reconstructed in conjunction with the Interstate 84 project to provide two through-lanes in each direction separated by a raised median with left turns provided where necessary. In some cases, dual left-turn lanes are provided where the left turn volumes are sufficiently high. In the Town of South Windsor, this facility is known as Buckland Road. Buckland Road intersects Routes 30, 74 and 194 at the "Five Corners" intersection in the Wapping section of the Town of South Windsor. In the Town of Manchester, Buckland Street intersects Pleasant Valley Road at a T-intersection adjacent to a newly constructed 700 vehicle commuter parking lot. - South of the site, Buckland Street passes under I-84 where a T-intersection with the HOVL ramps are located. An intersection with the eastbound exit and entrance ramps at a signalized intersection is located south of I-84, and further south, Buckland Street intersects Tolland Turnpike and New State Road at a recently reconstructed intersection with traffic control provided by an eight-phase, fully-actuated signal . c. Connecticut Route 30 Connecticut Route 30 is a two-lane facility which extends from U.S. Route 5 on the west through the Wapping Five Corners, the Town of Manchester and into the Town of Vernon. A major east/west facility carrying a 1983 ADT of 8000 vehicles, Ellington Road (as it is known west of Five Corners) intersects Chapel Road at a signalized intersection and Pleasant Valley Road at an signalized intersection. East of the Five Corners, Route 30 is known as Oakland Road, Deming Street and Hartford Turnpike. I-84 interchange Nos. 63 and 64 are located on Route 30. Although basically a two-lane facility, Route 30 becomes a four-lane undivided highway between Hale Road and the old "Vernon Circle" , except for a short unimproved section near the Manchester/Vernon Town Line. _ - d. Connecticut Route 83 Connecticut Route 83 is a major north/south route through the Town of Manchester extending from the Glastonbury Town Line northerly (as Main Street) , to North Main Street and continuing northerly (as Oakland Street) to Route 30. Here, Route 83 joins Route 30 in a northeasterly direction until Route 30 splits at the "Vernon Circle" to head easterly, and Route 83 continues northerly through the Town of Vernon. 3 - Although it is only two lanes wide throughout most of its length, Route 83 is a major collector route through the Town of Manchester servicing a 1983 ADT of 14,000 vehicles. e. Connecticut Route 194 (Sullivan Avenue) Sul-livan Avenue is a two-lane road which extends from U.S. Route 5 southeasterly to the Wapping Five Corners. ; This route carries 12,900 vehicles per day (ADT) and is a major route for through traffic in the area. Local and Collector Roads There are several local collector .roads in the vicinity of - the site. These include: a. Pleasant Valley Road - a. two-lane local road which widens to four 1 artes in the vicinity of the westbound 1-84 ramps _ and the comruter parking lot. This road runs directly into the northern access road into Buckland Hills and carries a 1983 ADT of 3700 vehicles. b. _ Chapel Road - a two-lane collector road which extends betweeri U.S. Route 5 and the Manchester Industrial Park (where a four-lane divided road connects Chapel Road to Tolland Turnpike. ) l"his road is approximately 28 feet wide and is signalized at Route 5 and Route 30. c. Slater Road - a two-lane north/south road which connects Route 30 with Tolland Turnpike. The width of this road varies between 17 and 22 feet and underpasses I-84. Project No. 132-92 has been initiated ' to install . a fully-actuated signal at Route 30 and Slater Road at the foot of a negative 10.5% grade on Slater Road. d. North Main Street - a two-lane east/west collector road which connects the Tolland Turnpike/Buckland Street intersection with Route 83 (Main Street) . - 4 - e. Tolland Turnpike - a local road which runs parallel to I-84 between North Main Street and Route 30, crossing over I-84 and extending into East Hartford as Tolland Street. -This- facility carries a 1983 ADT of 3600 vehicles and is, signalized at Buckland Street, J. C. Penny Drive, Caldor Drive and Routes 30 and 83. f. Union Street - a two-lane -local road which connects North Main Street and Tolland Turnpike. The width of this road is 20 to 21 feet and is lined with single family homes. Midway through this connector is an "S" curve with a skewed bridge over the Hockanum River. Accident Experience: There is no evidence of any accident trends or patterns in the area affected by traffic generated by the proposed facility. Generated Traffic: Generated traffic is expected to result , in 2759 trips during the p.m. peak hour (4:30 - 5:30 a.m. ) with 1412 vehicles entering and 1347 vehicles exiting the site. The Saturday peak hour (11 :30 - 12:30 p.m. ) is expected to service 3915 vehicles, of which 1944 are entering and 1971 are exiting. It is anticipated that the Buckland Hills development will generate 30,400 vehicle trips on an average weekday and .36,500 vehicle trips on an average Saturday. Traffic Distribution: The distribution of traffic is as follows: From: I-84 eastbound 44% via Exit 62 and Buckland Street I-84 westbound 18% via Exit 63, Route 30 and-Hale Road New State Road 5% via Buckland Street Tolland Street 5% via Buckland Street Chapel Road 5% via Tolland Street and Buckland Street (Entering Pleasant Valley Road 2% Site) Ellington Road (Route 30 eastbound) 2% via Buckland Road Sullivan Avenue (Route 194 southbound) 5% via Buckland Road Ellington Road (Route 74 southbound) 2% via Buckland Road Main Street (Route 83 northbound) 7% via North Main Street, Union Street, Tolland Turnpike and Slater Road 5 - Woodbridge Street 3% via North Main Street, Tolland Turnpike and Slater Road Routes 30 and 83 (Hartford Turnpike) 2% via Deming and Hale Road To: I-84 westbound 44% via Buckland Street, Pleasant Valley Road and Exit 62. I-84 eastbound 18% via Hale Road, Route 30 and Exit 63. (Exitin New State Road 5% via Buckland Street Site Tolland Tolland Street 5% via Buckland Street Chapel Road 5% via Buckland Street and Tolland Street Pleasant Valley 2% Ellington Road 2% via Buckland Road (Route 30 westbound) Sullivan Avenue 5% via Buckland Road (Route 194 northbound) Ellington Road 2% via Buckland Road (Route 74.porthbound) Main Street A2 via Slater Road, Tolland Turnpike, Union Street: (Route 83 southbound) North Main Street Woodbridge Street 3% via Slater Road, Tolland Turnpike, Union Street North Main Street Routes 30 and 83 2% via Hale Road and Route 30 (Hartford Turnpike) The above traffic generation and distribution has been reviewed and approved by the Department's Bureau of Planning. Internal traffic controls have been reviewed with Officer Gary Wood of the Manchester Police Department and he has indicated that controls will be reviewed and established by the Town of Manchester. - 6 - Connecticut State Department of Transportation Improvement Projects Project Number Description 76-88 I-84, upgrade expressway from the vicinity of the Hockanum River to the vicinity of east of Slater Road. FDP 7-82 ADV 10-82 COMPL 12-86 76-135 Route 83 reconstruction from Charter Oak Street to Ford Street. FDP 11-86 ADV 11-87 76-143 Route 83, improvement of railroad grade crossing n500-825M, between Woodbridge-'Street and No. Main Street crossing 7#500-825M. 76-146 Improvement of.railroad grade crossing at Oakland Street grade crossing T500-826U between Woodbridge Street and Apel Place. FDP 8-84 CCD 15-99 76-147 I-291 , New expressway. Turning roadways from their junction with I-84 westerly to and including bridge over Tolland Turnpike. FDP 6-86 ADV 11-91 76-148 Replace bridge and approaches on Union Street from Kerry Street to N/0 bridge over Hockanum River. FDP 12-87 ADV 6-88 76-151 Various traffic operations improvements. Intersection and alignment fmprovements at seven locations in Manchester. FDP 5-87 ADV 7-87 76-152 Tolland Turnpike reconstruction from North Main Street to 1200 ft. west of Deming Street (CT.30) FDP 9-87 ADV 11 -87 - 7 - 76-154 Reconstruction of North Main Street from 200 ft. east of Tolland Turnpike to 0.1 miles west of Main Street. FDP 8-89 ADV 6-90 132-83 CT 194 realignment from 0.1 miles south of Sand Hill Road to 0.1 miles noth of Pierce Road. FDP 4-85 ADV 8-85 CCD 9-86 132-89 Reconstruction of Chapel Road from U.S. 5 to Manchester/South Windsor Town Line. e�w FDP 5-87 Y ADV 9-87 132-97 I-291 - New expressway from 1500 feet east of Route 30 in South Windsor to west of Tolland Turnpike in Manchester. FDP 12-87 ADV 11-90 " 132-98 CT 194 - Horizontal alignment from 0.1 miles south of Sand Hill Road to 0.1 miles north of Pierce Road. FDP 12-84 132-100 Major widening on Buckland Road from Manchester Town Line to Route 30. FDP 4-89 ADV 6-89 132-102 CT 74 & CT 194 - Relocate CT. 74 1400 feet to intersect with CT 194. Approximately 1200 feet north of CT 30. FDP 3-88 ADV 2-89 132-105 New highway from the intersection of Chapel Road and Clark Street to Pleasant Valley Road vicinity of Wheeler Road. FDP 9-88 ADV 8-89 - 8 - 132-1H06 Reconstruction of Avery Street from Manchester Town Line to Dart Hill Road. ADV 14-99 PE FY 86 KEY: FDP: FINAL DESIGN PLANS ADV: CONSTRUCTION ADVERTISING CCD: CONSTRUCTION COMPLETION DATE PE: PRELIMINARY ENGINEERING Proposed Developer Improvements: 1 . To construct a southbound left-turn lane and a northbound right-turn lane on Buckland Street at the intersection with Pleasant Valley Road. Also, the existing traffic signal will be modified to accommodate the turning movements. 2. To construct a southbound left-turn lane and a`northbound right-turn lane on Buckland Street at the intersection with the South Access Drive. An interconnected traffic signal to control access will also be provf`=ded. 3. Widen the existing I-84 westbound exit ramp at Route 30 and Avery Street to accommodate a dual left-turn lane for traffic turning onto Deming Street. Revise the signal and layout as necessary to accommodate the new turning lane. 4. Provide northbound right-turn lane on Buckland Street for traffic entering the eastbound I-84 entrance ramp. Revise the traffic signal head layout as necessary in order to accommodate this additional lane. 5. Provide a new traffic signal and intersection layout at the intersection of Tolland Turnpike and Chapel Road in accordance with widening plans for Tolland Turnpike reconstruction under Project #76-147. 6. Monitor the following intersections to determine if future traffic signal warrants are met: a) Slater Street/Hale Road b) Route 30/Hale Road c) North Main Street/Union Street - 9 - Other Departmental Concerns c HALE ROAD Hale Road intersects Route 30 (Deming Street) just west of the I-84 westbound ramps in a T-intersection and will provide access to the proposed mall from the east and north. Due- to the high volume of traffic expected to enter the site from Hale Road, the Department found it necessary to recommend that Hale Road be relocated further to the west in order to provide the proper storage length between the I-84 westbound ramps and relocated Hale Road. To preclude future access from the abandoned Hale Road right- of-way, the Department has suggested that the existing non-access line be extended westerly across this right-of-way. Any full access to development in this area could be detrimental to traffic operations on Route 30 because Mall-bound vehicles traveling westbound on Route 30, stored to make a left onto Hale road, would often block access to this point. During a :gpeeting--with Manchester officials on May 13, 1986, however, Mr. Robert Weiss, - -'own Manager, was very much against the premature closing of access to "old" Hale Road, indicating that land values in that area would sharply decline as a result. At that same meeting, the Department and Town agreed that, as any of the land adjacent to Route 30 in that area is developed, _ the Town of Manchester will work closely with the Department to insure that safe and efficient traffic flows can be provided. SLATER ROAD CUL DE SAC Slater Road, a north/south roadway which borders the site on the east, begins at Tolland Turnpike in Manchester and heads north to the South Windsor/Manchester Town Line. It proceeds northbound through Deming Street and intersects with Route 30 (Oakland Road) where it continues north as Foster Street. In a residential area between Deming street and Route 30, Slater road experiences a 10.5% downgrade approaching the Route 30 intersection. The intersection of Route 30, Slater Road and Foster Street has been studied 1n the past. An accident study by the Department of Transportation indicated thirteen total accidents at this intersection between 1981 and 1984. Of these thirteen accidents, nine were angle-type accidents involving vehicles exiting Slater Road onto Route 30. A very poor sight li.ne on Slater Road, due to an earth embankment which cannot be readily graded, along with the grade of the roadway itself, are major factors in this accident pattern. As a result of the above study, signalization of this intersection has been proposed by the "epartment. Preliminary engineering of this signal is complete, no installation date, however, has been scheduled. r 10 - The previously noted study was conducted without the impact of the proposed Buckland Hills Mall . It can be expected that this roadway will be extensive.iy used as a "short cut" to Route 30 from the mall . In conjunction with this assumption, the Department has suggested that Slater Road be made a cul-de-sac at the Manchester/South Windsor Town Line to preclude access to and from the proposed mall . It is felt that this action will increase safety and prevent any future problems at this intersection. The- developer, who would be responsible for the work, and the Town of Manchester are agreeable with this scheme. The Town of South Windsor, which would probably. be impacted the most by this action, was sent a letter from the Department on May 15, 1986 regarding this matter. South Windsor officials have indicated that a decision on this matter cannot be made prior to the June 3 State Traffic Commission meeting. Therefore, it should be noted that if the Town of South Windsor finds it necessary to cul-de-sac Slater Road at the Manchester/South Windsor Town Line to prevent through traffic to and from the mall , the developer be responsible for this construction. -- SIDEWALKS The issue of sidewalks on the east side of Buckland Street was discussed at a May 2, 1986 meeting between all parties concerned. Die to the extensive residential development at the Buckland Hills site, the Department felt that sidewalks would.-. be necessary. The developer noted that a bicycle path will be provided on the west side of Buckland Street which would accommodate pedestrians also. At a MaY 13, 1986 meeting with Town of-.Manchester officials, Mr. Robert Weiss, Town Manager, indicated that the Town would address the need for sidewalks along Buckland Street as property adjacent to this town road was developed. ROUTE 30 AT ROUTE 194, ROUTE 74 AND BUCKLAND ROAD The Wapping Five Corners intersection in South Windsor has been the topic of several discussions throughout the review process. This intersection is formed by Route 30, Route 74, Route 194 and Buckland Road (The only town-maintained leg) and operates at a level •of service "E" during the p.m. peak hour. Three of the five corners are occupied by historic buildings and substantial local support for no changes in the area exists. Very little rights-of-way exists for road widening. - 11 t Based upon traffic counts supplied by the developer, 2912 vehicles use this 'intersection during the p.m. peak hour. It is projected that the mall will generate 248 vehicles with 150 vehicles in . the critical lanes during this hqur. As a result of this increased volume , the intersection falls from a level of ser- vice "E" to a level of service "F" during the p.m. peak hour. The developer acknowledges the fact that mall traffic is adversely, affecting the intersection, yet , -due to rights-of-way restraints , any practical or meaningful improvements cannot be per- formed. He does , however , indicate two factors which may relieve congestion of this intersection. First and foremost are the future completion of State Projects #132-100 and. # 132-102 which involve the widening of Buckland Road from two' tanes -`te- :four lanes in South Windsor from the Manchester Town Line to Route 30 (Five Corners) and relocating Route 74 from the Five Corners intersection to Route 194 approxi- mately 1200 feet north of Route 30. Both projects were initiated by the Town of South Windsor which is using funds from the Interstate Trade-I,n Program for these improvements . The widening of Buckland Road is scheduled for advertisement in .Tune , 1989 and the relocation of Route 74 is scheduled for advertisement in February 1989 . Probable completion dates are 1990-1991 leaving a. one to two year gap between mall opening and project completions . Project #132-102 will change the intersection from five legs to four legs which will provide for more efficient signal phasing , but the volume of vehicles impacting the intersection will not neces- sarily change. Although the completion of these two projects will enhance traffic operations at the "Five Corners" intersection , they will not completely resolve capacity problems there. Subsequently , the Department recommends that the developer be required to equitably participate in a future project to reconstruct the "Five Corners' intersection. The developers participation in this program will be to the extent' by which Buckland Hills mall generated traffic impacts the intersection. The developer also indicated that if as much 'as 30 percent of the traffic projected to use the "Five Corners" intersection diverted to surrounding roadways , the additional impact on any one location would be negligible. In the event that traffic projec- tions are inaccurate , the Department suggested that at the discre— tion of the State Traffic Commission , the developer be responsible for improvements to any intersections or roadways that may be significantly impacted by mall generated traffic. _. _ _ _,. a t _. ` ( �� cr- Y„s,.. �t,vl� � �I�L-(��/�l.tom.!/�2T-2,tnf-. J � �� ����� POLICE DEPARTMENT - q ?dbu& t �!CE , 151 SAND HILL ROAD • SOUTH WINDSOR, CONN. 06074-2784 AREA CODE 203/644-2551 June 3, 1986 William R. Ryan- Chief Commissioner J. William Burns, Chairman State Traffic Commission Dear Chairman Burns: I am in receipt of a letter from Frank M.D'Addabbo, Manager of Traffic, Bureau of Highways, regarding a cul-de-sac treatment to Slater Road, in response to controlling traffic from the proposed Buckland Hills Mall. Inasmuch as the Town of South Windsor has been provided very limited in- formation relative to Buckland Hills, it would be inappropriate at this time to comment on the merits of this particular proposal. You should be aware that the Town of South Windsor has not had an opportunity to review any plans for the Buckland Hills development except briefly at our March 11, 1986 meetings with Messrs. David Homick and Eric Smith of the Conn- ecticut Department of Transportation. Additionally, we have not had an opportunity to review data concerning existing and estimated traffic volume or any road improvements that may be proposed or required to South Windsor roads. The Town's meetings with Messrs. Homich and Smith was held at our request. At that meeting were discussed probable traffic implications resulting from the proposed development. Slater Street was one of but many areas of traffic concern discussed. In 1985, Town of South Windsor approved a zone change and General Plan of Development for another regional shopping mall of similar size and directly across the street (Buckland Street) from the Buckland Hills development.