HomeMy WebLinkAboutINDUSTRIAL CONDOMINIUM APPROVALS i
TOWN OF SOUTH WINDSOR
PLANNING AND ZONING COMMISSIION
The Commissi # will fficially receive applicati no
pplication No. at either Special or Regular meetings pr vided they
eceived Date: were submitted) to t e C mmissi n Chairpers n, S creta
ction or Public Hearing by : or agent, at least fourteen (14) days pri r t the
meeting at which the y will be officially received.
No application off* ially received at a Special heeti
ece ip t No. will be acted upon t that meeting.
APPLICANT: Bissell Commons, Inc.
ADDRESS : 1744 Ellington Road, South Windsor CT TELEPHONE 644-8448
OWNER OF RECORD ON LAND RECORDS : Bissell Commons, Inc
OWNER
ADDRESS: 1744 Ellington Road, South Windsor, CT 01� 074
COMPLETE LOCATION OF PROPERTY: Cha el Road, South Windsor (See copy of
map attached)
ZONE I
NAME, ADDRESS b TELEPHONE NUMBER OF PERSON TO WHOM INQUIRIES SHOULD BE
DIRECTED: William E. Grace, Esa. , 25 Oakland Road, South Windsor
CT 06074 TELEPHONE 644-1528
THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWI G)
1 . Zone Change to (public hea ing required)
2. Filing for Subdivision
3 . Filing for Open Space Subdivision (public hearing required)
4. Filing for Resubdivision (public 'hea g required)
5. Special Exception to Article ( ublic hearing required)
X �1
6 . Site Plan of Development ,'� o��<
7. Removal of Sand , Gravel , Clay c Oqu Stone 6 Ore (public
hearing required) �Q�Q
8. Other (explain in detail)
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AN OWNER OF THE PROPERTY
AND SUBMITTED WITH 6 SETS OF PLANS (7 sets if publi hearing is required)
BEFORE IT IS RECEIVED BY THE PLANNING 6 ZONING COMM SSION.
I E COMMON C. D IJS S CO � NC.
By By
WILLIAM E.Atkk�faafTS ATTORNEY WILLIAM E. P TITS ATTORNEY
TOWN OF SOUTH WUDSOR
PLANNING AND ZONING CM IISSI
PLANNING AND ZONING COMMISSION ACTION TAMS A CATION SHALL BE ACCEPTED BY
APPLICATION # THE G AM ZONING COMMISSION AT
RECEIVED DATE: Tom$ RUE. Y 'SCHEDULED FETING ON THE
APPROVAL DATE: rotNaH SDAY OF THE MONTH. IT SHALL
REJECTED DATE: ME ',SUB TO THE PLANNING AND
RECEIPT # ZONING SIGN OFFICE ONE (1) WEEK
PRIOR TO THE FOURTH TtESDAY.
APPLICANT: Bissell Commons, Tnc.
ADDRESS: TELEPHONE # 6 4 4-8 7 61
OWNER OF RECORD ON S.W. LAND RECORDS Bissell Commolls, Inc.
ADDRESS: 1750 Ellington Road, South Windsor CT 6074
COMPLET$ DESCRIPTION OF LOCATION OF PROPERTY Land n Chapel Road, South
Windsor (see copy of attached map)
Zan I
NAME,. ADDRESS A 7ELEPHONE # OF PERSON TO WHOM CORRESPOND CE AND INQUIRIES SHOULD BE
DIRECTED: William E. Grace Es 25 Oa lan
CT 06074 TELEPHONE # 644-1528
THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING)
1. Zone Change to Zone (public bears )
i
_ X 2. Filing for Subdivision
3. Filing for Open Space Subdivision (pub'Iic h aring)
4. Filing for Resubdivision (public bearing)
S. Special Exception to Article of the Z, ning Regulations (public hearing)
6. Site Development Plan
7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (public hearing)
8. Other (explain in detail)
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT Ali THE R OF THE PROPERTY AND
SUBMITTED ALONG WITH THREE SETS OF PLANS BEFORE IT VM 11 A=Pi'ED BY THE PANNING AND
ZONING COMMISSION
BIS L NS, , IN COMMON
B
if
By ♦ LICANT- William E. Grace y R William E. Grace
Its Attorney Its Attorney
vs=)
14 . App . #1020 - Bissell Commons
Attorney William Grace was present on behalf of th applicant and
stated that the purpose of this subdivision was to; sell a 75 ' strip
to Botticello to the rear to provide him with acceis to his property
from Chapel Road. The original plan for Bisselill C mmons has not
= changed and the plan to proceed as on inall relented to the
g y P P g Y! P
== Commission. Mr . Lucek produced an kDC map which of tlined all of
Mr. Botticello ' s land.
Mr. Hallowell said there•• is. a problem. in that. Bissell Commons is
being used- for retail sales and this is an Industrial zone . He cited
Kasheta and South Windsor Office Supply as two examples . He noted
retail sales are creeping in, and the land should conform to the regu-
lations, or it should be re-zoned if retail s4lesiare to be permitted .
Mr. Conde noted that perhaps this should be consi ered in the Plan of
Development . Attorney Grace said he has told his clients L. and
he will tell them again. Mrs . Montana suggested hat perhaps the
Commission should consider a new zone - something ' inbetween Industrial
.. and Commercial.
Mr. Martel suggested some technical changes to t e plan, and Mr. Conde
then made a motion to approve the above appliicati n for a resubdivision
.... of property located on the north side of Chapel R' ad, as shown on a
plan prepared by Lucek Engineering Assoc . , In;c . , aced 6-8-84 , in an I
_._. zone , subject to the following modifications :
1 . MDC coordinates must be shown;
2 . Iron pins must be shown on all corners o Parcel A;
3. The southerly street line of Chapel Road must be shown ;
4 . The foliage line must be addressed; andl,
5 . The 50 year flood line must be addressed.
Within 90 days of the date of approval (by '1/26/84) a 24" x 36"
black and white mylar, together with three apex prints , with the appri
val letter reproduced thereon, must be sub itted to this Commission
to be stamped and signed . The mylar will t en be filed in the
Office of the Town Clerk.
=== Mrs . Rossi seconded the motion and it was unanim usly voted in favor
and so ordered .
%/J/ 1
2307 5 ILAS DEANE HIGHWAY
ROCKY HILL,CONNECTICUT 06067
TELEPHONE
December 9, 1982 (203) 563-235S
South Windsor Planning and Zoning Commission r
South Windsor Town Hall
South Windsor, CT. 06074
RE: Storm drainage system of Chapel Hill Condominiums
Chapel Road, South Windsor, Connectic t and
Bissell Commons
Dear Commissioners:
Please be advised that this office is in recei t of your letter dated
December 8, 1982 from which it is reasonable to conclude that the Planning
and Zoning Commission intends to allow Bissell Commons to install a drainage
pipe from its detention basin to the municipal drainage system in Chapel Road.
Please be advised that Chapel Hill Realty, Inch and Chapel Hill Condominium
Association, Inc. herein object to Bissell Common connecting to the Town of South
Windsor drainage system without having a drainage easement from the Town of South
Windsor. To my knowledge Bissell Commons has not a quired any legal interest
or drainage rights owned by the Town of South Winds r which are located beyond
its property line. While the Commission-may have a ted in good faith and earn-
estly believed that it had the right to grant the d eloper permission to con-
nect to the municipal drainage system, it is ny and rstanding that the Planning
and Zoning Commission cannot grant any interest in id
land since the
town charter specifically reserves that function tolthe Town Council.
Please be further advised that the drainage easement from Chapel Hill Realty,
Inc. to the Town of South Windsor was conveyed', sole y to the town in order to
accomodate town drainage and for no other purpose. , Connecticut case law is
replete with precedents and supports the legal theo y that the owner of the
dominant estate which owns the drainage easement - tiere the Town of South Windsor
cannot increase the burden on the servient estate - here Chapel Hill Condominiums
by allowing abutting property owners to utilize the easement in favor of the town.
If the law were otherwise we would Teach the ludicr us conclusion that the Plannin
and Zoning Commission or the Town Council could all w numerous abutting property
owners to utilize its drainage easement and eventually flood Chapel Hill Condomin-
iums. The law zealously protects the serQient esta a through which this storm
drainage flows.
I would strongly urge the Planning and Zoning �,ommission to refer this entire
matter to the town attorney for a legal opinioin ands, further advise the Co®mission
to prohibit Bissell Commons from installing any drainage into the municipal syster
and/or the Chapel Hill Condominium system until thi 3 entire matter is resolved.
-2-
Please be further advised that if Bissell Cofmmon connects its drainage
to the Town of South Windsor drainage system which ev itually collects onto
the Chapel Hill Condominium property we shall have not lternative but to
institute suit against the Town of South Windsor 'and lie owners of Bissell
Commons in order to protect the property rights of Ch el Hill Realty, Inc.
and Chapel Hill Condominium Association, Inc. In,,, lig of the clear Connecti-
cut case law and threatened litigation between the pa ies I would strongly
urge the Planning and Zoning Commission to reconsider ) is position and prohibit
Bissell Commons from connecting its drainage outlet to the Town of South Windsor
drainage system.
Thank you for your anticipated cooperation.
Very truly yours,
Raymond G. LeFoll
RGL/c
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1540 SULLIVAN AVENUE - SOUTH WINO OR, CONN. 06074
r�oSOR,Coa� AREA CODE 20 /644-2511
September 19 , 1983
Mr . Richard Kelley
R. S . K. Contractors
- 1750 Ellington Road
South Windsor, Ct. 06074
i
Dear Dick:
Re: App . #895 - Bissell Commons
Chapel Road
The Commission would like to have the landscaping and buffering
on the easterly side of this site adjacent to ' the condominiums
installed during this fall ' s planting season.
Would you please arrange to meet with Peter D ' Mallie to discuss
this matter and advise him of your planting schedule?
Yours very truly,
PLANNING AND ONING COMMISSION
vg By:
Marshall M ntana, Chairperson
CC: Peter DeMallie, Planning Director
.`OWN Sct
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A - U T-awn- 0-yes
1540 SULLIVAN AVENUE • SOUTH WINDS OR, CONN. 06074
r�oSOR,co, AREA CODE 203 644-2511
January 4 , 19841
William E. Grace, Esq.
25 Oakland Road
South Windsor, Ct. 06074
Dear Bill:
Re: App. #966- Bissell Commons, Inc. , Phasl II
Please be advised that the Planning and Zoning Commission voted to
approve Phase II of Bissell Commons, as shown onli site plan of
development prepared by Lucek Engineering Assoc. , Inc. , dated
10/19/83, revised to 11/20/83, subject tothe following modifications :
1. An arrow indicating "north" shall be added to the plans.
2 . Horizontal and vertical control data shall be, shown on the plans
and is subject to approval of the Town Engineer.
3 . The southerly side of Chapel Road must be shown on the plans.
4 . The lack of parking spaces must be resolved prior to submitting
an application for approval of future phases.
5. The drainage overflow must be addressed in future phases and is
subject to approval of the Town Engineer.
6. A surety bond, or other acceptable surety, in, the amount of $3, 000
shall be submitted to this Commission to ensure completion of
buffering and landscaping in both Phases I and II.
7. No building permits will be issued until the final plans have
been filed in the Office of the Town Clerk.
A 24" x 36" black and transparent mylar of Sheet 2 must be submitted
to this Commission to be stamped and signed, and must be filed in the
Town Clerk' s Office within 90 days (by April 2) . This approval letter
must be reproduced on the mylar, and three paper rints must be submitted
to this office.
Yours very truly,
PLANNI G AND ZO ING COMMISSION
g Y
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Robert F. G ' igan, C airm n
CC: T. D'Auria, Building Official
E. Belleville, Assessor
R. Martel, Town Engineer
P. DeMallie, Planning Director
10 S Ott&
1540 SULLIVAN AVENUE - SOUTH WIN SOR, CONN. 06074
253
AREA CODE 20 1/644-2511
R-C
September 4 1984
William E. Grace, Esq .
:7 25 Oakland Road
South Windsor , Ct. 06074
Dear Bill:
Re : App . #1020 Bissell Commons
Please be advised that the Planning and Zoning ',Commission
voted on August 28, 1984 , to approve the above 'application
for a resubdivision of property located on the north side
of Chapel Road, as shown on a plan prepared by Lucek Engineering
Assoc. , Inc . , dated 6-8-84 , in an I zone, subject to the
following modifications:
1 . MDC coordinates must be shown;
2 . Iron pins must be shown on all corners of Parcel A;
3 . The southerly street line of Chapel Road Must be shown;
4. The foliage line must be addressed ; and
5 . The 50 year flood line must be addressed.
Within 90 days of the date of approval (by 11/2-6/84) a 24" x 36"
black and white mylarg together with three paper prints , with this
letter reproduced thereon, must be submitted to this Commission
to be stamped and signed . The mylar will then be filed in the
Office of the Town Clerk.
Yours very, truly ,
PLANNING D ZONING COMMISSION
vg By• A
Robert . GilYigan, CVairman
7-
CC: P . DeMallie, Planning Director
R. Martel, Town Engineer
E. Belleville, Assessor
T o-P Sou� ?A• Id4at
1540 SULLIVAN AVENUE - SOUTH WINOSOR, CONN. 06074
S R-
AREA CODE 20 /644-2511
October 9, 1984
Mr. Richard S. Kelley
F. R' S K Contractors
1750 Ellington Road
South Windsor, Ct. 06074
4.
Dear Dick:
Re: Letters of Credit Bissell Commons & Westgate
L.
Your letters of credit for Bissell Commons and Westgate Professional
Center expire in the near term.
Consistent with Town requirements, kindly submit tothis office re-
placement surety - for Westgate (sewer hook-up), immediately (expira-
tion date of November 8) , and for Bissell Commons, bylNovember 1st.
Failure to do so may result in a calling of the surety prior to its
expiration.
You might wish to confer with Rick Martel, Town Engin er, regarding
the prospects for sewer service to Westgate this next calendar year,
and with Ginny Graney regarding when the Bissell Comm, ns surety might
no longer be required (I believe it functions as a on -year maintenance
bond, subject to PZC release) .
Very truly yours,
Peter R. DeMallio
Director of Planning
PRD/jv
CC: Rick Martel
Virginia Graney
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1540 SULLIVAN AVENUE - SOUTH WIND OR, CONN. 06074
SOR-CO�� AREA CODE 203 644-2511
October ,31 , 1984
William E. Grace, Esq .
25 Oakland Road
South Windsor, Ct . 06074
Dear Bill :
Re: Bissell Commons , Phases I and II
Please be advised that the Planning & Zoning Commission voted
to reduce the bond for buffering and landscapinjg in the above
matter from $3 , 000 to $1 , 500.
The Letter of Credit we are holding expires on 'January 9 ,
1985 . Please forward us an amendment to that Letter ,
reducing the amount to $1, 500 and extending theterm for
one year .
Yours very truly,
PLANNING AND ZONING COMMISSION
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Robert F. Girlio n, C airman
CC: P . DeMallie, Planning Director
RECEIVED
NOV t 2884
SO WINDSOR PLANNING DEPT.
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w� 1540 SULLIVAN AVENUE • SOUTH WINDS DR, CONN. 06074
f��soR•Co� AREA CODE 203 644-2511
January 30, 1985
Mr. Vincent A. Casanava
Engineering Associate
. SNETCO
195 Church Street
New Haven, Connecticut 06506
Dear Mr. Casanava:
To confirm our telephone conversation of January 30, 1985, 'Tlease be advised
that your proposed use in the Bissell Commons Industrial ndominium is exempt
from zoning. This conclusion is based an section 16-235 O the Connecticut
General Statutes, as amended, and a conversation I had ear ier today with
Richard Rittenband, South Windsor Town Attorney.
Accordingly, no approval is required from the South Winds o Planning & Zoning
Commission for the installations described in your ca>nnmi ation of January 23,
1985.
If I may be of further assistance, feel free to contact me', at the Town Hall.
Sincerely,
J
Peter R. DeMa lie
Director of Plannipg
PRD/j sv
cc: John She m, Economic Development Coordinator
Rick Martel, Town Engineer
Toga D'Auria., Zoning Enforcement Officer
P&ZC File, Bissell Commons
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1540 SULLIVAN AVENUE • SOUTH WINDS R. CONN. 06074
SOR•C AREA CODE 203/' 44-2511
July 17, 1985
Mr. R. Kelley
Bissell Commons, Inc.
Chapel Road
South Windsor, CT 06074
CERTIFIED NAIL
Dear Mr. Kelley:
At the July 15, 1985 meeting, the South Windsor Inland W tlands Agency/
Conservation Commission approved with conditions, Application No. 340 for the purpose
i
of construction of� Phase III of Bissell Commons, Inc. , on property located at Chapel Rd. ,
South Windsor.
The permit is based on the plans entitled "Bissell Commons an Industrial Condominium"
for Bissell Commons, Inc. , Chapel Road, South Windsor, Connecticut, by consulting
engineers of Lucek Engineering Assoc. Inc. Such plans are dated 10-2-82, being revised
11-5-83, 11-22-83, and 6-19-85; sheet 1 of 4. The permit is also based on Topographic
Plan for property of Bissell Commons, Inc. by Lucek Engineering Assoc. Inc. dated 3-27-85,
there being no revisions; sheet 2 of 2.
The following conditions must be adhered to for this permit to be valid:
1. Construction activities shall be subject to the approval of the
Town Engineer.
2. The application shall indemnify and hold harmless the Town of South
Windsor against any liability which might result. from the proposed
operation or use.
3. The permit is valid for one year and shall expire July 15, 1986 if not
initiated and completed within one year from the date of approval.
Very truly you s,
John Moran, Jr hairman
INLAND WETLAND, AGENCY/
CONSERVATION C MMISSION
CC: Wm. E. Grace, Esq.
Lucek Engineering Assoc.
A. B. Davies, Deputy Town Engineer
Jacqueline J. Smith, Town Clerk
Richard J. Sartor, Town Manager
Richard Ryan, Deputy Mayor
Robert F. Gilligan, Chairman PZC
,,Thomas D'Auria, Building Official'.
Peter DeMallie, Director of Planning
Kenneth Brill, Chairman EDC
John Shemo, Coordinator EDC
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v 1540 SULLIVAN AVENUE • SOUTH WIfINDS R. CONN. 06074
4♦�dsoR•co��w AREA CODE 203/ 44-2511
July 26 , 19851
William E. Grace , Esq .
25 Oakland Road
South Windsor, Ct. 06074
Dear Bill :
Re : App . #1096 - Bissell Commons, Ph' se III
Please be advised that the Planning & Zoning Commission voted
to approve the site plan of development for Phase' III of Bissell
Commons, for property located on the north side of Chapel Road,
in an I zone, as shown on plans prepared by LuceklEngineering
Associates , dated 10-2-82 , revised to 7-23-85 , subject to the
following modifications:
1 . A waiver for 13 parking spaces is granted in accordance
with Section 8 . 4. 1 .
2 . Dumpsters shall be located on concrete pads and be adequately
screened with stockade fences.
3. No outside storage will be permitted on these', premises .
4. Landscaping at the southwest corner shall be odified to show
plantings around the corner of the building.
5 . No building permit will be issued until the final mylars have
been filed in the Town Clerk' s Office.
6 . Prior to commencement of site work, a meetings must be held with
Town Staff .
7. This approval is subject to the conditions of, approval of the
Inland Wetlands Agency/Conservation Commission.
Within 90 days of the date of approval (by October 21 , 1985) black and
white transparent mylars of sheets 1 and 2, together with three paper
prints, must be submitted to this Commission to be stamped and signed.
The letters of approval of this Commission as well as the Inland
Wetlands Agency/Conservation Commission, must be reproduced on the
mylar ..
Yours very truly,
PLANNI -G AND ' ZONING COMMISSION
vg By:
obert F. ' illigan, hai man
CC: E. Belleville, Assessor
R. Martel , Town Engineer /
P. DeM�allie, Planning Director h
IWA/CC
T. D 'Auria, Building Official
at,`�
1540 SULLIVAN AVENUE - SOUTH WINDSOI . CONN. 06074
�ftiosoR co� AREA CODE 203/� 4-2511
October 11, 198
Mr. Richard S. Kelley
RWR Associates
1750 Ellington Road
South Windsor, Ct. 06074
Dear Sir:
Re: Bissell Commons
The Planning & Zoning Commission is holding a Letter of Credit
in the amount of $1, 500 to ensure completion of landscaping
and buffering at Bissell Commons. The Letter of Credit will
expire on November 7, 1985.
d s an amendment extending Please forward u g the term� for one year
immediately. Our rules require that this matter �)e placed on
a PZC Agenda for discussion, and possible calling', of the Letter
of Credit, if a renewal has not been submitted 301, days before
the date of expiration.
Yours very truly,
PLANNING & ZONING COMMISSION
a
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Robert F. Gi ligan, hairma
CC: P. DeMallie, Planning Director
RECIEIVED
OCT = 1�0;)
SO. WINDS011 PL NING DEBT:
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� 1540 SULLIVAN AVENUE SOUTH WINDS R. CONN. 06074
4l��soR•c AREA CODE 203/ 44-2511
July 15, 986
William E. Grace, Esquire CERTIFIE D ' MAIL
25 Oakland Rd.
South Windsor, Ct 06074
RE: Permit Extension - Application #340, Bissell Commons Phase III,
.
located on Chapel Road
Dear Attorney Grace:
At the July 14, 1986 meeting, the South
Windsor I iland Wetlands
Agency/Conservation Commission approved a one-yea extension for
the above mentioned application.
The extension becomes effective July 15 , 1986 wit a an expiration
date of July 15 , 1987 . All original conditions o E this permit
still apply.
Very truly] yours,
John M. Moran, Jr. , airman
Inland Wetlands Agency/
Conservation Commission
Town of south Windsor
JMM:dlb
n ineer
• ' es Deputy g
CC. A. B. Davi P Y Town E
Richard Martel, Town Engineer
Planning & Zoning Commission
Thomas D'Auria, Building Official
Mar
cia Banach, Director of Planning
Coordinato
John Shemo, Economic Development
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1540 SULLIVAN AVENUE . SOUTH WINDS R. CONN. 06074
R•co�' AREA CODE 203/ 4-2511
June 1 , 1987
Mr. Richard Kelley
RSK-Kellco
1744 Ellington R.d
South Windsor, Ct 06074
RE: Application #340 - Bissell Commons Inc.
Dear Sir:
40for permit and one year ex-
This is a reminder that Application # 3 p Y
tension will expire on July 15 , 1987.
A new application will be required if you plan to extend your project
beyond the above expiration date , along with a feelof $25 .00 . This
should be submitted at least 30 days prior to the xpiration date of
the permit. If work has been completed or will be 'ecompleted by the
expiration date , we would appreciate you contactinj the Inland Wetlands
Agency/Conservation Commission' s secretary, Debbie � Bellizzi at 644-2511
Ext. 253 to advise her of work status .
If an you have questions , please don' t hesitate t � contact Debbie or
y Y
Mr. Davies , Deputy Town Engineer .
Very trulljr yours ,
Kevin ' Ren ie , Chairman
Inland We lands Agency/
Conservat on Commission
Town Of S uth Windsor
CC. Marcia A. Banach, Director of
Planning
A. B. Davies , Deputy Town Engineer
Richard Martel, Town Engineer
Louise Evans, Chairman, PZC
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soR•co AREA CODE 1203/ 4-2511
August 10, 198117
Bissell Commons , Inc. CERTIFIED MAIL
1744 Ellington Road
South Windsor , Ct 06074
Attn : Mr . Richard Kelley
Dear Mr . Kelley:
Re: Application #501 - Bissell Commons
At the July 13 , 1987 meeting , the South Windsor ,Inl4nd Wetlands
Agency/Conservation Commission approved application 4501 , which is a
renewal of permit granted under application #340, located on Chapel
Road.
The permit becomes effective July 13 , 1987 with ,an expiration date of
July 13, 1988 . All original conditions granted 'und r application
#340 will apply to this permit .
Very truly yours ,
Eliza,)rjth Warren , ice-Chairman
Inla Wetlands A ency/
Conservation Commission
Town of South Win sor
CC : A .B . Davies Deputy Town Engineer
Richard Martel , Town Engineer
Marcia Banach , Director of Planning
Michael Gantick , Director of Public Works
Thomas D' Auria , Building Official
Louise Evans Chairman , PZC