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SUBDIVISION (5)
TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION ACTION THIS APPLICATION SHALZONING B ACCEPTED BY N AT APPLICATION # THE PLANNING RECEI",IED DATE: --- TNX REGULARLY SCHEDULED MEETING ON T-E APPROVAL DATE: FOURTH TUESDAY OF THE MONTH., IT SHALL � REJECTED DATE BE SUBMITTED TO THE PLANNING AND RECEIPT # ZONING COMMISSION OFFICE ONE (1) WEEK PRIOR TO THE FOURTH T?]ESDAY. APPLICANT: Ernest Reichle ADDRESS: 27 MO t i TELEPHONE 644-8612 y 1 OW*'ER OF RECORD ON S.W. LAND RECORDS_--hgrry_ baw_,,._..._. rfl r ADDRESS: Miller Road S� Windsor COMPLETE DESCRIPTION OF; LOCATION OF PROPERTY Northerly by Connecticut Lighc & Power t: Easterly Southerl b Mi 11 er Road Company l Ryan,•j fi Westerly by one Davis, Kuehner, Purcell , Morin, Boysen and Twardewski ZONE A-30 NAME, . ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE DIRECTED: Gardner & Paterson Associates , 576 Old Post Road, Tolland, Conn. - TELEPHONE # 871-0808 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) 1, Zone Change to Zone (public. hearing) X 2. piling fOr Subdivision 3. Filing for Open Space Subdivision (public hearing) q 4. Filing fir �tesubdivieion (public hearing) 5. S ecial $Xception to Article �� f the Zoning Regulations (public hearing) 6. Site Development Plan 7. Removal of Sand, Grave]., Clay or Quarry Stone & Ore (public hearing 8. Other (explain in detail) t - THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE OWNER OF THE PROPERTY AND SUBMITTED ALONG WITH THREE SETS OF PWS BEFORE IT WILL BE ACCEPTED BY THE PLANNING AND ZO G COMMISSION = APPLICANT OWNE41 (over) i a 11 PROCEDURES TO BE FOLLOWED WHEN SrJBI.ITTING THE APPLICATION: . . 1. Applications must be filed in triplicate. The applications shall be typed or neatly printed. 2. Maps and plans, as defined in the applicable regulations, shall be submitted in triplicate with the application forms . 3. An application fee of $25. is required for filing items #1, #5 and V. 4. A subdivision processing fee of $25. per lot ($50. minimum) is required for filing items #2, #3 and A. 5. A $20. deposit must be submitted with any item requiring a public hearing. This deposit is for a sign to{be placed on the property by the applicant advertising the public hearing. The check will be returned to., you wheni the sign is returned to the Town. ,6.3 Application;for Zone, Change` (item #1), shall comply with Section 11.2.3 of the Zoning Regulations. 7. Application for subdivision and resubdivision (items #2 and #4) shall comply with the requirements set forth in the Town of South Windsor Subdivision Regulations. 8. Application for an open space subdivision (item #3) shall comply with Section 5.3 of the Zoning Regulations. 9. Application for a *its plan of development (item #5) shall comply with Section 4.11 of the Zoning Regulations. 10. Application for sand and gravel removal shall comply with Section 9.3 of the Zoning Regulations. IN ACCORDANCE WITH STATE STATUTES, THIS APPLICATION WILL BE ACTED UPON BY THE PLANNING AND ZONING COMMISSION, OR A PUBLIC HEARING DATE WILL BE SET WITHIN 65•DAYS OF THE DATE OF ACCEPTANCE OF THE APPLICATION. . I C Tio CI�• C 7 s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 soe•co��w AREA CODE 203/644-2511 1 August 17 , 1984 Mr. Ernest Reichle 27 Mountain Drive South Windsor, Ct. 06074 Dear Sir: Re: App. #1017 - Stonefield Subdivision ' Miller Road According to the zoning regulations , an executed copy of the agreement to purchase the land where the proposed subdivision will be must be included with the application. Please submit a copy of the purchase agreement to the Planning & Zoning Commission office immediately. Yours very truly, PLANNING & ZONING COMMISSION vg gy• tf ' Robert F. (Yilligan Chairman CC : P . DeMallie, Planning Director WATER POLLUtION CONTROL AUT REGULAR MEETING MINUTES • SEPTEMBER 4 19u4 Chairman Carino called the m etingto order at 7:30 P. M. (A) ROLL CALL, PresentV Chairman Carino, Mr. Alexander, Mr. Cottle, Mr. Dickinson, Mr, Lanza, Mr. Peterson Absent: Mr. Gilsenan Also Present: Mr. Shaw (B) ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS Chairman Carino presented the following minutes for consideration: August 21 , 1984 — Special Meeting Mr. Alexander made a motion to accept the minutes of the special meeting of August 219 1984. Mr. Dickinson seconded the motion. Motion carried :7. TZ. with Mr. Peterson abstaining. Five affirmative votes, (C) COMMUNICATIONS & REPORTS 1. Superintendent of Pollution Control Mr. Shaw said he h4ad nothing to report that wasn't on the agenda. 2.3.4, None, (D) PUBLIC PARTICIPATION ( Items Not On Agenda) ..4 There was no one present from the public under this category. (E) BILLS, CHANGE ORDERS, DISBURSEMENTS 1. Flaherty & Giavara Eligibility Application $432.00 Mr. Shaw said he has been waiting ,for an answer from Flaherty & Giavara that clarifies the audit is included in the $432-00 invoice. Mr. Peterson made a motion to table the Flaherty & Giavara bill in the amount of $432.00* Mr. Lanza seconded the motion. -Motion unanimously carried. Mr. Lanza made a motion to suspend the rules and go to item H. 1. on the ag-enda. Mr. Peterson seconded the motion. Motion unanimously carried. _ -2- __. H NEW BUSINESS 4 Lateral - 206 Hilton Drive (Zaczynski) Mr. Shaw said the Engineering Department approached him a couple of weeks ago concerning a problem at 206 Hilton Drive. He said the homeowners went to connect to:the lateral and the contractor that they hired was unable to find-that lateral. Mr. Shaw said someone was sent out from the Engineering Department to inspect the site, re-do the measurements and confirm that fact that they were using the correct measurements for our as-built drawings. Mr. Shaw said they verified that the measurement correct. He said the lateral should have been there and it was not. s were Mr. Shaw showed the commission a drawing of the property. He said the problem is compounded by the fact that this is a very wet area and they is a steep slope, making any further excavation verydifficult a e and very difficult toi provide the homeowner with a lateral. Mr. Shaw said an i olternative s to use the lateral provided for the houses on either side. He said both of these houses are already connected to the system. Mr. Shaw said it was determined that the lateral for 214 Hilton Drive was probably the best lateral to connect to. He said it is technically feasible to == make the connection within the permanent easement that the Town has, using a Wye or T. Mr. Shaw said he reviewed the legal implications with the g Town Attorney and Attorney Rittenband said there would be problem connectin::. within the permanent easement. g Di scussibn followed. Mr. Carino read a letter from the Zaczynskis dated August 29, 1984. - . The Zaczynskis letter states that it will cost them an additional $300.00 tC tie-in �G hell neochbors lateral . Thev are as✓inc the lOwn ::. them financially for the 5300. 00 charge. Mr. & Mrs. Zaczynski were present and this meeting with their attorney, Hal Curmi ng s. Mr. Carino asked if the property owners at 214 Hilton Drive had been en Mr. Shaw said they had not been contacted to date, but he felt out of co to the Capras, they should be contacted. courtesy they wished in this case because the lateral said the Town could do what is within the permanent easement. Mr. Carino said he is concerned as to where the liability is if there is a back-up in the line. He said Attorney Rittenband' s comments that there is no problem is probably because he was concentrating with the legalities of the easement. Mr. Carino said he prefers that he has on file a written agreement between the two property owners that they are going to hook-in to that common lateral rather than just going in there and taking advantage that we have a right-of-way over someone' s property to hook-up to their lateral and there is a question of liability if something happens. Mr. Peterson said if something happens and there is a blockage in the Wye, he believes it is the liability of the Town. Attorney Cummings felt that the Zaczynskis should hot have to enter into an agreement with the Capras. He said it was putt4na a burden on the r property owners that others in Town did not have. He said the Town had • - a right to do what they wished within the easement, but. the property _ owners should not have to make agreements with each other. Mr. Peterson made a motion. that the W. P. C. A. approve the connection and participate in the cost of the connection to the extent of $300.00 for a common lateral servicing the properties of John and Shirley Zaczynski, =` 206 Milton Drive, Map 48.- Parcel 118 - Lot 23 and Erminio and Pauline Capra, 214 Hilton Drive; Map 48 -, Parcel 117 - Lot 201. Mr. Dickinson == seconded the motion. ' Motion carried with Mr. Lanza abstaining. Mr. Lanza r+ade a motion to suspend the rules and go to item H. 2. and F. 2. == on the agenda. Mr. Cottle seconded the motion. Motion unanimously carried. 2. Stonef i el d Project (E. Re chl e) ' Mr. Kenneth Peterson of Gardner & Peterson was present to request the extension of the existing sanitary sewer system from the intersection at Miller Road and Foster Street to extend in an easterly direction of 1 , 100 feet so that this proposed subdivision can be serviced. He said there are 17 lots on the northerly side of Miller Road. Mr. Peterson said by dealing with this in this fashion, the subdivision will be serviced by gravity. Mr. Carino asked if the subdivision had been approved by Planning and Zoning. h• Mr. Peterson said "No., . He said the application is before Planning and Zoning now. He said there are no wetlands and no zone change. (A-30 zone). r Mr. Shan: said Engineering is sa:i s f i ee w i h 4he plans. Mr. Carino said with the extension of the sewer line, there are about nine families independent of this subdivision that would be affected by that sewer line. He said when the W. P. C. A. gives approval , they will have to consider the alternatives; one of which is a Developer' s Permit so that the Developer puts in the line and when the property owners decide -to hook-up to the sewer line, there is an agreement between them and the Developer to pay him for the hook-up. Mr. Carino felt as a courtesy to the �= nine property owners, we should :advise them there is a sewer line coming by, probably under a Developer' s Permit. Further discussion regarding Developer' s Permits. r.: 6" Mr • Carino told Mr. Peterson that his recommendation would be to proceed : �= with a Developer' s Permit. He said the commission could not take action is on this tonight as they would have to discuss this further. Further discussion followed. a ino that she would research the Developer' s Mrs. Moni z told Mr. C Agreement r p k'= the Town has with Savin Brothers and send the information on to the members. F:. -4- Mrs. Moniz told Mr. Peterson of Gardner & Peterson that she would send him the assessment rules and regulations of the Town of South Windsor. , (F. ) UNFINISHED BUSINESS 2. Claim for Damages - Edward Merritt - 78 Good Hill Road Mr. Carino said he received a letter from the Town Attorney which states that based on the fact that he has researched this claim, has indicated that the Town is %liable only if they were shown to be negligent and a . statement that was made by the Town Engineering Staff, he takes a position := that the commission not consider payment of this claim. Mr. Carino said : he spoke to the Town Attorney at length and he informed him about the research as far as the insurance was concerned and the negligent aspects of it. He said they also discussed the engineering department' s feelings about the condition of the pipe relative to the problem. .: Mr. Carino said he fails to see with the elevation that he saw, how a properly fabricated joint would have failed with the pressure that could have developed in that pipe,even if that sewer was totally blocked. Mr. Peterson said he mentioned to the commission several, months ago that :. he would abstain from any action taken by the commission. Mr. Carino said if no one makes a motion regarding this item, he would have to ask to have comments from the commission as this is an agenda item and he has to dispose of i't. He said he has nt s fro.-.- the Engineer i ng Department, the Insurance Company, and the Town Attorney. ?u)G appear to hir 6►1;t i besee. or, ht: ese-,C t�1E W. P. C. A. did on this ci aim, we would have to tell Mr. Merritt that we have no liability. Mr. Lanza said he agrees with the Town Attorney and he doesn't feel the commission can go against what he recommends. The other two members agreed with Messrs. Cottle and Lanza. Mr. Peterson abstained from making comment and Mr. Alexander had to leave the meeting before this item came up for discussion. Mr. Merritt said he would have his attorney look at Mr. Rittenband' s letter. He said he was very unhappy with the letter as it did not address one question that he asked in his letter to Mr. Carino. He said that was that when Mr. Shaw came to the house on that day, he assured him that the Town insurance would cover the claim. He said he feels that Mr. Shaw was not properly informed and did not inform him correctly. He said due to Mr. Shaw' s information, he didn' t pursue his Homeowner Insurance. He said he has since been in touch with his agent and he is in the process of clarifying the po 1 icy. Mr. Merritt said he fails to see how the joint could not have been operating properly and he understands that the Town has a legal responsibility to see that those things are approved prior to occupancy. Mr. Carino said the joint was probably operating properly when it was inspected but that we can' t be sure what happened in the ten years that followed. Mr. Carino told Mr. Merritt that he would send him.a letter in case he yishes to pursue the matter further. • 1 I. Treatment Plant Modifications a. Mankey Associates Contract Mr. Shaw said he is-itj'11 waiting to get the revised draft agreement with Mankey Associates back from Attorney Rittenband. Mr. Shaw said there are still a+couple of issues that have not been resolved with the Architect. Mr. Shaw said Mr. Mankey is unaccustomed to working out lump sum figures and would like to work this out on a cost plus fixed fee. He said the ' Architect took a conservative approach and backed into the numbers and his 10%. Mr. Shaw said he asked Mr. Mankey to estimate the hours he is going to spend on every aspect of the design work and track his progress and figure this on a cost plus fixed fee basis instead of the lump sum basis. Mr. Peterson asked if this is acceptable to the Architect. Mr. Shaw said the cost plus fixed fee er lump sum is acceptable to Mr. Mankey. He said it wasn't acceptable to him to take the Architect' s usual method to estimate the construction costs and then take 10% of that. Mr. Peterson asked if 'Mr. Mankey had done what Mr. Shaw asked. Mr. Shaw said he has not spoken to Mr. Mankey in over two weeks. Mr. Peterson asked how much we have to spen6 on the project. Mr. Shaw said we have a total of $223,000 for all the improvements at the Treatment Plant. He said we still need another $200,000.00 for the other improvements to the plant (belt filter press) etc. .Mr. Peterson said he would get the report that Mr. Shaw has, make a determination on the amount of money that we have available to spend and have Mr. Shaw speak to Mr. Mankey to try to wrap the matter up. before the next meeting. He said he asked Mr. Shaw to make a report on how much left of the 1.3 million dollars we have to spend. Mr. Peterson felt we should advise the Council that all the improvements to the Treatment Plant - -going to exceed the 1.3 million dollars. Mr. Carino said we should tell the Council that our costs have exceeded = what we had budgeted for and to finish the project we expect to go over = by approximately (X amount of dollars). Amount to be determined by - Mr. Peterson when he reviews Mr. Shaw' s report. r' Mr. Canino felt we should tell Mr. Mankey that we have $223,000.00 to spend on the garage improvements and that his fee would have to come out of that amount. He said he.was not in favor with a cost plus fixed =: fee but would rather negotiate this on a fixed fee basis. :. Mr. Peterson said the W. P. C. A. still has to resolve the question of :. Professional Liabilities insurance. Mr. Carino asked Mr. Shaw to,get the facts on what the Building Commission does with regard to insurance similar to the Professional Liabilities. ' Mr. Lanza said we.still have not resolved how the Architect is going to be paid. :. Mr. Carino reiterated his comments that he doesn't want the Architect. to be paid on a cost plus fixed fee basis. He said he wants to use the fixed fee method. He said we have to be careful not to change the scope of the project. Mr. Cottle said he would sit down with Mr. Mankey and Mr. Shaw to discuss the contract. 3. 3. DeveloDers Permit - Burr Meadows (Raymond Alexander) Mr. Shaw said at the last meeting Mr. Carino asked the commission to review the existing regulation on Developer' s Permits. Mr. Lanza said it is his understanding that when Raymond Alexander was putting the line in on Clark Street, he put the line lower becouse Buck Page required him to do this for future development. He said he understands that this wasn' t required by Planning and Zoning or the W. P. C. A. Mr. Lanza said he assumes Raymond Alexander expects to be reimbursed for his work. He said the question is who is going to participate in that reimbursement. Mr. Carino said he believes it is the additional property owners that might take advantage of hooking up to that line. Mr. Shaw said everyone agreed in principle with the need for a Developer' s Permit in this case. He said he did recommend to the commission a formula determining proportionate shares. Discussion followed. Mr. Peterson ask,:d that the minutes be researched regardina Burr Meadows to see what the formula was. ,NM af,l� , v Ti O-P slotdA ?d, dAat �O 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 ��psoe•co�� AREA CODE 203/644-2511 October 3, 1984 Mr . Ken Peterson Gardner & Peterson Associates 576 Old Post Road Tolland, Ct. 06084 _ Dear Sir : Re: App . #1017 - Ernest Reichle "Stonefield" ;, Please be advised that the Planning & Zoning Commission voted to approve the application of Ernest Reichle, for a 17 lot subdivision located on the north side of Miller Road in an A-30 zone, as shown on plans prepared by Gardner & Peterson Associates, dated 7/28/84 , Map No. 6857, subject to the following modifications : 1 . Deeds for Parcel A, the right"of-way and road must be submitted to this Commission prior to filing the final plans , and shall be in accordance with the procedure adopted by this Commission (copy enclosed) ,, and must be approved by the Engineering Department and Town Attorney. 2. The barn located on Lot #16 must be removed prior to issuance of a building permit for Lot #16, and this should be reflected on Sheet #1 . 3 . The detention basin should be outlined on Sheet #1 . 4 . The pavement width of should be shown on the topograph map . 5 . Sidewalks , built to Town specifications , must be installed on the west side of Stonefield Trail , and also on the east side up to Lot #1 . They do not have to be installed in front of Parcel B on the east side of Stonefield Trail . 6 . The key map should reflect the general direction of storm water flow and sanitary sewer flow, and also the total acreage of the parcel . 7 . The 50 year flood line should be shown on the topographic map . 8 . The pine trees in front of the detention basin on Stonefield Trail shall be removed. 9 . The jog on the south side of Lot #1 should be straightened out prior to filing the plans , if possible. Mr . Ken Peterson -2- 10/3/84 10 . Street lighting shall be installed subject to the approval of the Town Manager (see attached policy) . 11 . All approved lots in this subdivision shall be connected to the sanitary sewer system, and is subject to approval of the Water Pollution Control Authority and State Department of Environmental Protection . 12 . Water shall be supplied to this subdivision by the Connecticut Water Company . 13 . Drainage for this subdivision shall be subject to the approval of the Town Engineer . - 14 . Prior to issuance of a Certificate of Occupany, a grading plan for each lot must be submitted to and approved by the Town ' s Engineering Department . 15. If , for any reason, finished grading and other site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to the issuance of a Certificate of Occupancy. 16 . A drainage assessment fee in the amount of $850 shall be submitted to this Commission. 17 . A liability insurance policy shall be submitted to this Commission naming the Town of South Windsor as an insured with a combined single limit for bodily injury and/or property damage in the amount of $1 , 000, 000. 18 . A surety bond , in an amount to be determined , must be submitted to this Commission prior to filing the plans , to ensure completion of all subdivision improvements . In the event a Letter of Credit is submitted in lieu of a surety bond, said Letter of Credit must be renewed on a yearly basis until completion of the development . If a new Letter of Credit has not bee received within 30 days before the expiration date , the Commission may , at its option, call the Letter of Credit it is holding . 19 . No building permits will be issued until the final plans have been filed in the Town Clerk' s Office . 20 . . Prior to commencement of any site work, a meeting must be held with Town Staff . 21 . Prior to the building of any structure on a lot , a topographic map , drawn to a scale of 1" = 40 ' , shall be submitted for each lot in the subdivision, showing proposed contours and elevations . No building permits will be issued until the proposed contours and floor elevations have been approved by the Town Engineer. 22 . Black and white transparent mylars of the key map , and Sheets #1 and #2 , together with three paper prints , with this letter of Mr . Ken Peterson -3- 10/3/84 approval reproduced thereon, must be submitted to this Commission to be stamped and signed within ninety (90) days of the date of approval (by January 1 , 1984) , and will then be filed in the Town Clerk ' s Office. Yours very truly, PLANNING AND ZONING COMMISSION vg encs . Ito'bert F . GtXligan., Clhairmanf CC: R. Martel , Town Engineer P . DeMallie, Planning Director T. D 'Auria, Building Official E. Belleville, Assessor W. Lanning, Fire Marshal Conservation Commission Water Pollution Control Authority ED R CEIV S& WINDSOR PLANNING DEPL M E M O R A N D U M October 23, 1984 TO: C. F. Shaw, Superintendent of Pollution Control RE: PROPOSED SANITARY SEWER LINE ALONG MILLER ROAD (STONEFIELD SUBDIVISION) I have reviewed the design of the proposed sanitary sewers as shown on plans prepared by Gardner & Peterson Associates for the Stonefield Subdivision along Miller Road dated 8-2-84 . The proposed sanitary sewers meets all Town standards and specifications. I would further recommend that: 1. Rouse laterals be provided to existing residences along Miller Road. 2. The installation of sanitary sewers will require a complete overlay of Miller Road. If installation, of the sanitary sewer, is to be done this year, a temporary patch be applied initially and a permanent overlay be placed next spring. ichard P. Martel, PE & LS Town Engineer RPM:bw cc: R. Arsenault, Director of Public Works ✓ P. DeMallie, Director of Planning pow M aE,4 ti H 07eSou� ?dzt� O a e � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 AREA CODE 203 644-2511 November 23, 1984 Attorney James H. Throwe 33 Connecticut Blvd. East Hartford, Ct. Dear Attorney Throwe: At a regular meeting of the Water Pollution Control Authority held on October 169 1984, the Authority voted to approve the Miller line Proposal for Miller Road Stonefield sewer line, Map #6857, Gardner & Peterson Associates, Dated 8/2/84. Very truly yours Joseph J. arino, Chairman TOWN OF SOUTH WINDSOR Water Pollution Control Authority JJC:pm CC: Mr. Peter DoMallie, Director of Planning Robert F. Gilligan, Chairman, Planning & Zoning Thomas P. D'Auri a, Building Inspector Richard Martel , Town Eingineer f • +.. e e. If .^" :KEPT May 1 1985 Planning and Zoning Commission Town of South Windsor Town Hall Sullivan Avenue South Windsor, Ct. 06074 Gentlemen: The Planning and Zoning Commission last year approved a housing sub-division adjacent to my property at ,504 Miller Road. No notification was sent to the adjacent property owners concerning any hearings and/or possible affect this sub-division might have to ',these properties. Since the start of this project there have been several incidents that have directly affected me- and there are also several design features which I feel will have a future effect not only on my property but my neighbors, in the long term. These are past problems: 1. The electric service has been ripped from the house. 2. Although it has been repaired it is not as original and the end of the house will now require ',repainting. 3. Part of the front yard ',was excavated last fall to install a storm sewer. It has not been repaired. 4. A sign that was installed on the adjacent property, which is now town property, has been moved to my property. 1 5. Sand has eroded onto 504. The long term problems are} 1. The change in the land contour alters the water flow and run-off which presently feeds the wa er table. 2. The storm sewer systemiexpedites the removal of rain water from this parcel of land. Previously this water was mostly ground water. r 3. The storm sewer system feeds a retention pond which instead of retaining the water on site expedites drainage into the street storm sewers and away from the parcel. 4. The retention basin has been cut into the water table providing a contin- uous short circuit in the water feed for the wells on Miller Road, down- stream. 5. The ground water which normally feeds the water table is now fed into this retention basin. 6. The drainage system from the retention pond going into the street is a larger diameter than the street system. It is most likely, that during a storm the water drainage from this pond will be forced out the catch basin in front of 504 and flood the street causing problems with traffic and possibly some other damage down street. 7. There is presently tra sfer of soil from the sub-division to the pond at the intersection of Miler and Barber Hill after each storm. 8. If the drainage -system '� from the pond fails during any major storm it is possible that after filling the overflow would cause damage to 504 and should a failure follow this damage would be extensive. 9. Part of this sub-division is considered wet-lands. However, this sub division was never brought before the Wet-Lands Commission. I am formally notifying the Town of South Windsor that they will be responsible for any damages to the property at 504 Miller, whether to the physical struc- tures or the environment, nd that immediate action should be taken to rectify and/or eliminate any poten ial hazards that this project generates as a result of the approved sub-divisi n. Very truly yours, J. F. Davis JFD/nh tow" �+ v 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 w !'►'�soR,co�� AREA CODE 203/644-2511 May 16, 1985 James H. Throwe, Esq. 33 Connecticut Boulevard East Hartford, Ct. 06108-0625 Dear Jim: Re: Ernest Reichle - Stonef ield Subdivision I 'm enclosing a copy of a letter the Commission received from J. F. Davis, of 564 Miller Road, which is adjacent to the above subdivision. - I would appreciate it if y u would address Mr. Davis ' comments concerning past damage to is property, and what he perceives to be a long term problem with drainage. I have also asked the Town'I' s Engineering and Planning Departments to investigate this matters, and report their findings to the Commission. Yours very truly, PLANNING I & ZONING COMMISSION � n vg B �.�( � II y: ` , �- enc. Marshall Montana, Vice-Chairman CC: Gardner & Petersen Richard Martel, Town Engineer Peter DeMallie, Planning Director .., � x �•1�1N4S® �101N af,tGo w� 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 f��soIt. 0 � AREA CODE 203/644.2511 October 11, 1985 James Throwe, Esc . 33 Connecticut Boulevard East Hartford, Ct. 06108 Dear Mr. Throwe: Re: Ernest Reichle - Stonefield Subdivision The Planning & Zoning Commission is holding a Letter of Credit in the amount of '$120,000'�, in connection with the above subdivision. It will expire on Januaryl30, 1986 , and our regulations require that it be renewed well in advance of the expiration date. Please forward us an amendment extending the term for one year promptly. Yours very truly, PLANN G AND ZONING COMMISSION vg By obert F. Gielligan, C airman CC: P. DeMallie, Planning Director RECEIVE D OCT I :-7 1965 A WINDSOR PLANNING D91A owN aE*4 0 c � �v 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 l�osoe•co�� AREA CODE 203/644-2511 December 12 , 1985 James Throwe, E,sq. 33 Connecticut ,'Boulevard E. Hartford, Ct . 06108-0625 Dear Sir : Re : Ernest Reichle - "Stonefield" We are holding �a Letter ' of Credit in the amount of 120 000 $ from the South Windsor Bank & Trust Company to ensure completion of subdivision improvements in the above matter , which expires January 30th. The Commission recently voted to 'reduce the amount re4uired to $50 , 000. We must have an, amendme t to that Letter extending the term for one year imimediatel , or the matter will be placed on a PZC agenda for discus ion and possible action. j Yours very truly, PLANNING & ZONING COMMISSION vg By: &obert F. G Ylligan, 91hairmari i CC : Richard Martel, Torn Engineer Peter DeMaallie, Planning Director CERTIFIED MAIL RETURN RECEIPT REQUESTED 4 l a ' 1540 u ULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 w f�osoR_co�� AREA CODE 203/644-2511 December 1 9885 w Mr. Paul Longch4mps , Prey. South Windsor Bank & Trupst CO . P. 0. Box 317 South Windsor, Gt . 060741 ' V►�1�ll s 1 PLI�liVIVI NG DEpT. Dear Sir: Re : ,Ernest R ichle - "Stonefield Subdivision" Please be advis d that the Planning & Zoning Commission voted on November 12th t reduce he amount of the Letter of Credit we are holding to nsure co pletion of subdivision improvements in the above matte from $1 0 ,000 to $50,000 . The Letter of Credit expires on January 30 , 1986 , and in accordance with ,our rules we must have an amendment extending the term for one year immediately. I would appreciate it iflyou would forward the amendment directly to this office. , Yours very truly, PLANNING & ZONING COMMISSION v g By67 Robert F . G lligan , C airman CC : James Throwle, Esq. Richard Martel, Town Engineer / Peter DeMaL'lie, Planning Director s v 1540 ULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 R.c AREA CODE 203/644-2511 January 10, 1986 James Throwe, E q- 33 Connecticut oulevard East Hartford, it. 06108 0625 Dear Sir: Re: � Ernest lReichle - 'Stonefield Subdivision" i r re ate requests we have not et received a renewal Despite our p d y of a Letter of redi,t drawn on the South Windsor Bank & Trust Company, in the amount of $50,000, which expires on January 30th. Therefore, we have no alternative but to place this matter on a Planning & Zo*ing Co ' ssion agenda for discussion and possible calling of the setter of Credit. It will be placed on the January 21st agenda. Yours very truly, P ING & ZONING C MMISSION vg Robert F. Gilligan, Chairman CC: Mr. Paul L, n gcham r Pres. ., S. W. Ba & Trust Co. 9' P. Peter Della lie, Planning Director Richard Ma tel,. Town Engineer Richard 14. Ri;ttenb nd, Town Attorney CERTIFIED MAIL RETURN RECEIPT REQUESTED ME M 0 R A N U M August 29, 1986 TO: Michael G4ntick, Director of Public Works RE: STONEFIELb TRAIL It appears that Stonefield Trail is almost complete. In anticipation of the request that the public improvements be accepted by the Towl , the following items must be cor- rected or addressed: 1. "As-B' ilt" dr wings must be submitted and 1u g accepted by t e Bureau of Engineering. 2 . A letter of certification must be received by the Bureau of Engineering that all iron pins and monuments have been installed. 3. Proper backfi ling, loaming and seeding along! the "gr ss belU' fronting: a) Parcel by Parcel OW c) Lot 17 on Stonefield Trail d) Between House #51 and #35 4 . All catch basins need to have the sumps cleaned and all pipes flushed a), Catch Basin #11 should have the vertical joints re- pointe along with the paveme t settlement corrected. b) Catch asin #5 to replace mortar between the pipe and basin wall. 5. Sidewalk replacement a), Frontifig Lot #1 is a section to be installed. The walk that is there must be cleaned to insure proper inspection. b)I North of House #96, 2 flags to be replac d. c) Fronti g House #110, 1 flag to be replac d. d) Between House # ' s 110 & 120, replace 1 flag. e) Between House # Is 51 & 35 , replace 5 flags. f) Fronting House #35 , replace at least 1 flag, clean off walk to insure properiinspection. Mr. Michael Gantick Page 2. Director of Public Works RE: STONEFIELD TRAIL 6 . Pave0ent Corrections: a) At approximately Station 5+40 right and left, there is ponding in the gutter. bj At approximately station 6+00 right, there is ponding in the gutter. c) Bitumi ous apron must be supplied to the drliveway at lot 17. 7. Curbing to be replaced: a) Northerly side House #96, approximately 20 l.f. curbing. b) Between House #51 & #35 , approximately 15 1.fi. curbing. 8 . Debr s or material to be removed: a) Debris from detention basin. b) Pile of sand in front of Lot #1. c) Pile of sand and debris in front of House #35 . 9 . Nurs:ry stock trees to be planted at House # Is 120 nd 130. 10 . The overlay on Miller Road along the length of the sanitary sewer trench to Barber Hill. 11. A pa ed ]Invert must be installed in the lst Catch Basi west of Catch Basin #11. 12 . The utlet structure of the detention basin must be Ilea ed out to insure proper inspection. 13. The oadlstu as shown on page 3 of 6 on the approved plan; be 'installed between Lots 1 and 2. 41 Richard P. Mare Town Engineer RPM/ 'sv � I� CC: Mrs . Louse Evans, Chairperson, Planning k Zoning Commission Ms. Marcia BAnac4l Director of Planning v" James Th�owe# Esquire y •` LEowE, �HnowF,, TFT.T.-mg & NAGT.F ATTORNEYS AT LAW ALVIN C. LEONE I 33 CONNECTICUT BOULEVARD (1 10-19 6) POST OFFICE BOX 8225 DAMES H.THROWE EAST HARTFORD, CONNECTICUT 0610 -0625 SAMUEL H.TELLER JOHN F. NAGLE I TELEPHONE WILLIAM A. LEONE (203) S28-2145 FRANK A. LEONE November 18, 1986 I � 'n Mrs. Louise E ans, Cha rman SOUTH WINDSOR PLANNING AND ZONING COMMISSION, NOV -J 1986 1540 Sullivan Avenlue South Windsor,; CT South Windsor re: Stonef ie d SubdivLsion Planning & Zoning Commission Dear Mrs. Eva�l s: II, I can report the following concerning the completion of the project at St nefield. The Roncari Company has agreed to complete the paving prior to November 22, 1986 provided the weather remains wa'irm a ough. In the event of inclement weather they can pavelup until the middle of December. The Town Public Works Departm nt has asked that they not do the capping unless the temperatu a was ab ve 30° at the time of the paving. I anticipate completion y Saturday, November 22, 1986. David Carriero agreed and pr mised to complete the sidewalk replacement prior to November 22, 986. I have also learned that the sidewalk across the ro d stub was done at the request of the Town, since they did n t anticipate that the road stub would be utilized in the forese able future. They have agreed to allow that to stay s colnstr cted. Coven Construction has agreed to complete the lean,-up f the detention basin and the ten-foot strip with th assI sta ce of Fritz Reichle. However, the Building Department ha asked that we not disturb the vegetation in the detention pond ince it would create a mudhole. All of the other w'ork including the staking of the lots has been completed. I await the filing of the mylars from Alan Peterson. This should finish' the Estate of Ernest Reichle' s requirements on Stonef ield Drive. Thank you for lyout pat'ence. IV LEONE, TIAROWE, TELLER & NAGLE ATTORNEYS AT LAW -2- Very truly yours, CrJES . THROWE JHT:dav cc: A. Peterso4 C U Tow 0�-ps ?dzn� w 154 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 f�°soe•co�� AREA CODE 203/644-2511 December 1 1986 9 6 Richard M. Rittenband, Esq. 1734 Ellington Road South Windsor, Ct. 06074 Dear Dick: Re: Estate of Erne t R ichle - n "Sto °field subdivision The Planning & Zoning Commission is holding a Letter of Credit, in the amount of $50 ,000 t ensure completion of subdivision improve- ments in the above matt r. The Letter of Credit expires on January 30, 1987, and i drawn on the South Windsor Bank & Trust Company. Subdivision im rovements have not been completed in a satisfactory improvements P Y manner despite repe ted promises, and the Commission would like to call the Letter of Credit. Would you please advise us what is required in order to call this Letter of Credit? This matter will be, pla ed on the December 16th agenda, and we would appreciate he4rin from you as soon as possible. Yours very truly, PLANNING & ZONING COMMISSION vg By: Louise C. Evans, Chairman CC: Mr. Donald Pago, S W. Bank & Trust Co. James Throwe, tsq. Richard Martell To n Engineer Marcia Banlach, , Pla ning Director LEoNE, H1Z0WE, TELLER & NAGLE ATTORNEYS AT LAW ALVIN C. LEONE 33 CONNECTICUT BOULEVARD (1910-19 6) POST OFFICE BOX 8225 JAMES H. THROWE EAST HARTFORD, CONNECTICUT 0 10 -0625 SAMUEL H. TELLER JOHN F. NAGLE TELEPHONE WILLIAM A. LEONE (203) 528-2145 FRANK A. LEONE December 11, 1986 Mrs. Louise Ev ns, , Cha rman SOUTH WINDSOR LAN ING AND ZONING COMMIS ION 1540 Sullivan venue South Windsor,,- CT re: Staanefie� bdiv sion Dear Mrs. Evans: I was quite upset when the Zoning Commission, in my absence, moved to call the letter of credit from the Estate of Ernest Reichle on the Sto efi ld subdivision, for incompleted work. As you know, the sole ope ator of Reichle Construction Company, Ernest Reichle'I, died i February 1985. Normally, the duty of the executor is tote ina a all individual businesses and not to continue them. Ma ie eichle, as the executor of his estate, felt that she had a du y to Ernest Reichle to finish Stonefield. All of the wort, eXcep for the curb to curb bituminous cover for Miller Road where the ewer line was put in had been completed. That part of t e r ad as delayed on two occasions upon a suggestion fro th Bu lding Department because of other developments w ich int nded to run the sewer line or other utilities alon the same roadway. When this did not occur, we made provisions tollcom lete .the topping. As I am sure y u are aware, Ernest Reichle developed Stonefield and sold lots ith'isew r and water to U & R Construction Company. U & R C-onstruc ion' was to- complete.- all of the grading and seeding of the lots, - i clu ing the area- between the sidewalk and the road. The roa way I and the sidewalks. were put ,-in prior to U & R g- puttin ' up their house The principle problems with the homeowners who have ma e �the complaints have to do with the breaking of-�th si ewa ks and the- curbs by U & 'R Construction Company and it su con ractors -and/or its failure and refusal to finish off the see ��.ing to- the roadway. Since the recel'pt of the original letter from Mr. Martel, we have done everythin humanly possible to try and complete the work to the satisfacti n of the Town as quickly' as.-pbssible. ' ._ I wrote letters to U &IR Construction, David Carreiro; the sidewalk builder, Coven'' Construction; who did the sewer and storm drain LEON,E, T ROWE, TELLER & NAGLE ATTORNEYS AT LAW -2- work, Fritz Reichle; who finished the grading ng work on the road and supervised the work done by Mr. Reichle' s subcontractors. I never received a resons from U & R Construction Company. David Carreiro promised tolrep it the sidewalk which c had been broken after installation b th home builders and gave me an estimate. Roncari made arrange ent to do the road surfacing. Both Fritz Reichle and Coven Co str ction Company agreed to do the work requested by Mr. Mar el, Coven Construction Company completed all of the work Dn the storm drains and manholes, etc. The completion of th of er work was delayed due to the subcontractor's the ule and the weather. When I found that Mr. Carreiro gave wo k i We hersfield greater priority than Stonefield, I re lac d h m with Charbonneau Concrete, who completed the wo k t is eek. Roncari has attempted to put the road surfacing d wn seve al times since November 1st, only to be thwarted by sche uliog d lays, cold temperatures and bad weather. The injury that re eiv► d on November llth prevented me from actively pursuin th of er subcontractors to finish the grading and seeding, which Ilbel ' eve is the homeowner' s principal objection and so eth .ng we did not anticipate doing due to the arrangement with U & IR Construction of the homes. As of this date, the only w rk hat needs to be completed is the road resurfacing on M lle� Rod repairs to the e broken curb, and raking and seeding w thi the right of way of the road (10 ft. strip) . I have cortrap t with Roncari Industries to do the road surfacing throug the 16th of December, weather permitting. Following that, he next earliest date they can do it is April lst, when the as halts plants reopen and the road surface temperatures exc ed 4,,5 - 50% The completion of, h subdivision and the unfavorable newspaper publicity has been m st disconcerting to Marie Reichle, Ernest Reichle' s widow. She knows, as most people in town, that Ernest Reichle prided himself on completing work and always gave the Commission whate er e I xtras they requested. I respectfully r quest th t you reconsider your action in November and allow the Ens ate of Ernest Reichle to file a letter of credit effective J4nua y 30th for an amount necessary to complete the work', if' in act, Roncari is unable to surface the road by December 16, ,1986 otherwise I would ask that they require a mainten4ance bon which could realistically cover the cost of raking and seeding. l 1 L�ONIE, T ROWE, TELLER & NAG LE TTO R N EYS AT LAW _3_ Very truly your , AMES H. THROWE HT:dav ccs: Richard Ma tell Towri Engineer Marcia Ban ch, Plan ing Director Richard Ri ten and, Town' s Attorney Marie Reic le, Exec for O 7-0-�wn, . • v 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 w ���so�•co�'� AREA CODE 203/644-2511 M E M O R A N U May 5, 1987 TO: Louise Evans, Chairman, Planning & Zoning Commission RE: STONEFIELD In response p se to a request by Ray Hallowell I performed an inspection of the work do a at the above referenced subdivision. An overlay of pavement hasl, been placed on Miller Road as required. However, work done on Stlbnefield Trail is unacceptable. Specifically all of the loaming land seeding were unacceptable. The loam was not compacted nor r'aked,. Rains over the weekend had compacted the loam to a level where th re was an unacceptable amount of curb revealed on the backside, of the Curbs. Wheel ruts were lef in front of the area around the detention basin. A length of curb just n rth of House #35 was installed in an unaccept- able manner. I did not have the chance to make a detailed inspection relative to my "punch list"'' of last August. I will do this as soon as practicle. Azy Richard P. Martel Town Engineer RPM/jsv CC: Jim Throwei Marcia Banach !h �f N 1 w" 8E4 C E- T-0'14m, 07 `'W • w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 l��soe CO AREA CODE 203/644-2511 May 21 , 1987 South Windsor Bank & Trust Company 1033 John Fitch Boulevard South Windsor,Ct 06074 Dear Sir : Re: Irrevocable Letter of Credit #181 Please be advised by this letter that the Planning and Zoning Commission of the rown of South Windsor is hereby drawing upon the above-referenced L ttet of Credit #181 , dated January 30, 1985 as amended, drawn and r t e South Windsor Bank and Trust Company, for the amount of $13, 7 5. 0. The following fund are due to the Town of South Windsor for non-performance by , Ern st Reichle of the following items in accordance with th Planning and Zoning Commission approval letter dated October 3 , 1 84, Application #1017 for Stonefield Subdivision : 1 . "As-Built Drawings" L. S . $29500. 00 i 2 . Iron pins and moms ents L. S . 29500. 00 3. Loaming/S edi Ig Parcel A 450 @ 6. 00 29700. 00 Parcel B 400 SY @ 6. 00 29400. 00 Lot 17 170 SY @ 6. 00 19, 020. 00 4. Sidewalk epl ceme t Lot 1 40 F @ 16. 00 640. 00 House 96 8 F @ 20. 00 1610. 00 House 110 4 F @ 20. 00 8,0. 00 5 . Pavement orrOctiolris At STA +40 �to S A 6+00 L. S . 19500. 00 Bituminous Apron Supplied at Lot 17 L. S . 200. 00 To: South Windsor Bank & Trust Company Page 2 Re: Irrovocable Letter of Credit #181 May 21 , 1987 6. B ituminou Curbing House # 6 20 LF @ 5. 00 100. 00 Between House # 1 & 35 15 LF @ 5. 00 75. 00 TOTAL $13 875. 00 Very truly yours, PLANNING AND ZONING COMMISSION BY. Louise C. Evans , Chairman dlb CC : James Throwe , Esgdire Richard Ritte band , To &rn Attorney Richard Martel , Town E gineer Marcia Banach, Directo of Planning y T 07 O C U w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 f��SOR•co�'� AREA CODE 203/644-2511 MEMORANDUM: TO: Richard Sart r, T wn Manager � g FROM: Louise Eva s, Chairman, Planning & Zoning Commission RE: Stonef ield Trail ubdi ision The Planning & Zoning Commi sion has called the bond on the above subdivision due to unsatisfactory perfo mance by the developer. We have the funds in hand ($13,825) and theiTown is now responsible for ensuring the completion of the subdivision improvements. I am requesting that you arrange for the necessary engineering services to complete the improvements. These services include contract preparation and administration (will inV0lVE Town Engineer, Project Engineer, Engineering Technician, Senior Engineering Inspector). This is a high priority ite with the Planning & Zoning Commission as the residents have be n co4tinu lly promised, by the developer, that the improve- ments would be forthcoming nd said improvements never were completed. There- fore, the Planning & Zoning Commission would appreciate immediate attention to this project. Thank you, Louise C. Evans Chairman jsg r l J/�G�Lbw June 5 , 1987 Mrs . Louise Evans , Chairman Planning and Zoning Commission Town of South Windsor South Windsor , Connecticut Dear Mrs . Evans : Re : Stonef i.eld Tram. Subdivision I have received your and ted letter on June 3 , 1987 , in which you refer to the bond was called on the Stonefield Trail subdivision . Due to the press of requ red activities by existing Town staff , I have ordered that a co sulting engineer be hired to design the changes required to complete the project in accordance with the Planning and Zoning Commission roval .- ditionally , the consultant will be r'bspo sible ap prepar !''"d'ocuments for bidding the remaining work . The cost f administration , as well as those of the contracts necessary to complete these items will be drawn from the bond fund we currently hold , or additional bond funds should they be req fired . I have directed that the selection of a consulting engineer be made soon ; and that the roject ' s completion be accomplished as quickly as possible . Very truly yours , n Town Manager fi RJS : prb cc : Michael Ga tick , Director of Public Works All Marcia Ban ch , Director of Planning wN e e � T-au� o- S-C�U� ?O&U&-at 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 • 4 w� f��soR•CO AREA CODE 203/644-2511 July 80 1987 James Throires Esq. 33 Connecticut Blvd. East Hartford, CT 06 08-0625 Re: "Stop field" Dear Sir: The Planning and Zoning Commission is holding a Letter of Credit drawn on the South Windsor Bank & Trust in connection with the above matter. The Letter of Credit is in the amount of $ 50,000 and will expire on July $0, 1987. In accorda ce with our policy for accepting Letters of Credit in lieu of su ety bond, we must have an amendment to the Letter extending the term for a one year period well in advance of the expiration date. Will you please forward us the amendment promptly. Very truly yours, PLANNING & ZONING COMMISSION By: Louise C. Evans, Chairman CERTIFIID MAIL RETURN REC EIPT REQUESTED Q t P Ole S-10� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 l��sot•Co�� AREA CODE 203/644-2511 September 24 , 1987 Attorney James Thro e CERTIFIED MAIL 33 Connecticut Boul vard East Hartford, Ct 0 108--062 Dear Attorney Thrower Re : Stonefield Subdivision Please be advis d that the Town of South Windsor will draw upon the $13, 875 which i is holding and will complete the public improvements at Stonefield Trail , as outlined in Louise Evans ' letter to South Windsor Bank and Trust Company dated May 21 , 1987 . Very truly yours , Marcia A. Banach Director of Planning Michael Gant-lock Public Works Director CC:. Richard Ritten and'„ Town Attorney Richard Sartor , Torn Manager Louise Evans , Chairman , Planning & Zoning Commission LEONE, Tnnowp,, TELLER 8C NAGL,E ATTORNEYS AT LAW ALVIN C. LEONE I 33 CONNECTICUT BOULEVARD (1910-1986) POST OFFICE BOX 8225 JAMES H. THROWE EAST HARTFORD, CONNECTICUT 0 10 -0 25 SAMUEL H.TELLER TELEPHONE JOHN F. NAGLE WILLIAM A. LEONE (203) S28-2145 FRANK A. LEONE JAMES F. NAGLE June 24, 1988 RECEIVED D J U N 27 1988 Raymond F. Hallowell, r. Chairman Sty. WINDSOR PLANNING DEPT. Town of South Windsor Planning and Z ning Commission 1540 Sullivan venue South Windsor,) CT 060741 re: Estate of Ernest E. Reichle Dear Mr. Hallowell: it s for Stonefield n m filing them. I have receiveld the as bu t o and a g At a cost of o1ver $4,0 0.00 we have had Kasheta Farms replace the soil and seed it so that there is cultivated grass growing in all of the areas specified along the road. All of the sidewalk that was damaged by' contrac ors and subcontractors has been replaced and the low areas in the roadway were repaired by Roncari. There is some curbing that needs to be corrected on Lot 1, Sean Circle, and some places in the roadway in front of that lot on Stonefield Trail, which are the responsibility of the builder for Lot 1 and Sean Circle. From my iscussion with the Building Department and my personal objservatio of that street, all of the requirements from the Estate of Ern st Reichle have been completed and I would like to have the estat released from all future liability as it is more than two years since the project was completed, and we would like to close Ernest Reichle' s estate. I would also hike to close out Green Hill as everything on that project is complete and in place with the filing of the as- builts. I look forward) to meeting with the Commission on July 12th to update the rest of this project. LiH:oNE, rHiEzowF,, TELLER & NAGLIE ATTORNEYS AT LAW Very truly yours�, (:!JAMES H. THROWE 1� J :-.dav ccs: Marie Reichle / Marsha Banachv- r (Dir. of Planning, rown of S. Windsor) C« July 29, 1988 The Honorable Edward F. Havens Mayor of the Town of South Windsor ) �- yx c/o Imperial Oil &, Plumbing / 7 /� 981 Sullivan Avenue South Windsor, CT 06074 Dear Ed: ' (l I have just mailed in the tax payment for my house. It is with a certain amount of frustration that I am making this large tax payment in exchange for its rvice" from the Town. As you may be awarje, there have been a number of problems with the completion of the roadwork on our stree , Stonefield Trail. Some of these problems have obviously been related to Passing the buck between Jim Throwe (Attorney for Ernie Reichle's Estate), U & R, and the Town. There are still sections of the curb that are not completed, three years after we have moved in. Most re- cently, there is a rather large depression where the- new street, Wildwood Circle, comes into Stonefield. Each night when I drive home, it is necessary for me, as well as my other neighbors, to drive into the other lane to avoid this hole. I am sure the average tax revenue from the houses on the street is among the highest in town. It would be nice if we got some service f rom the Town in exchange for our tax dollars. All of my neighbors are verr irate over the problems with the street. Some have gone so far' as to suggest that we withhold tax payments until th se problems are solved. I have convinced them that we should defer such action until the next payment and that I would write to you so you could ensure that th problems are corrected prior to the next tax payment being due. I will be on vacation until August 15. . At that time I would appreciate a call from you outlining your action plan and timetable for resolving these problems. I can be reached at work at 646-3264 or at home at 644-9363. In advance, I thank you for Your cooperation. Sincerely yours, J seph E. Wehr, Jt- 93 Stonefield Trail South Windsor, CT 06074 r <�� (J CC: Mr. John Mitchell Mr. Richard $artor V Uj P Tn D yTw J), . LEONE, ' nnowE, TErxx & NAGLE OCT 20 1988 � ATTORNEYS AT LAW SS tt��77 11��// nn�� ALVIN C. LEONE 33 NNECTI��T'BOU'L�EV�.!�ar (1910-1986) Bi%c& 8bPOWCommission EAST HARTFORD, CONNECTICUT 06 1 08-06 2 5 JAMES H.THROWE SAMUEL H.TELLER TELEPHONE JOHN F. NAGLE (203) 528-214S WILLIAM A. LEONE FRANK A. LEONE JAMES F. NAGLE October 19, 1988 Raymond Hallowell, Jr. , Chairman South Windsor Manning and Zoning Commission Town Hall South Windsor, CT 06074 RE: i Sub 'vision Stonefield Su vision Dear Mr. Hallowell: The above mentioned subdivisions have been completed for approximately three years. The only matter which has held up the final acceptance of Green Hill Subdivision has been the completion of the as built mylar drawing by the surveyor/engineer. That has been done and the mylar as built plans have been submitted to the Town Planner. With respect to Stonef ' eld, the project was not finished at the time of Ernest Reichle' s death. With some difficulty, we have been able to complete all the items required by the Planning and Zoning Commission and ' ts zoning enforcement officer. The as built mylar has been s bmitted to the Town Planner' s office on this subdivision as well. Because of the amount �f time that has passed since the completion of the roads and lots, it is requested that the one year maintenance board 'be waived for both projects. This will help us to finally close Ernest Reichle' s estate in the Probate Court. Very truly ours, ames H. Throwe ttorney for Estate Ernest Reichle JHT/rj p .t0* SE C o 0-1 c�. 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 so -CO � AREA CODE 203/644-2511 January 5, 1989 Atty. James hrowe 1330 Main South W• , 0 074 D ar Atty.. T�rowe: RE: Stonefie�d T ail Subdivision & Green Hills Subdivision lease be a sed that at the December 20, 1988 meeting of the P nnin Z niag ConImissioij they voted to combine the maintenance bonds fo the Stonefield Trail Subdivision and the Green Hills $ubdivis ' on. This maintenance level has been established at $ 12, 81 . 50 and will expire on Decemebor 20, 1989 . If you have ny questions regarding this, please contact the Planning Department at 644-2511 . Very Truly Raymond F. Jr. Planning & �allowell, ionin g Chairman cc: Marcia,' Banach, Dir. of Planning -°P Z C f ii l e Town Engineer b ml ffOO ii ,A4 T r } LEONE, HBOWE, TELLER & NAGLE JA N r lv� ATTORNEYS AT LAW 55��rr� ALVIN C. LEONE 33 C NErlT� i4�OI�IC (1910-1986) p� npj c&®$ �]2p25(�,J,�r JAMES H.THROWE EAST HARTFORD, CONNE. TI'C1UV O 6"& SAMUEL H. TELLER JOHN F. NAGLE TELEPHONE WILLIAM A. LEONE (203) 528.2145 FRANK A. LEONE JAMES F. NAGLE January 4, 1990 Mrs. Louise Evans, Chairman South Windsor planning & Zoning Commission 1540 Sullivan Avenue Sout s , 0607 R Stonefiel Subdivision Estate Ernest E. Reichle Dear Mrs. Evan: / December 16, 1589 marks the one year period for the maintenance bond on this subdivision. The Town has been holding $13,875.00 in cash as payment for the cost of repairs. All of these repairs were completed by the Estate of Ernest E. Reichle. Therefore, the sum of $ 3,875.00 should be returned payable to Marie Reichle, executor of the estate together with interest at the statatory rate from January 1987 to January 1990 (8% per year for 3 years, see Section 37-1 of the Connecticut General Statutes) . The rate for damages in the event of a civil action is 10% see Section 37-3 . If there is any question s concerning this matter, please contact me. ery truly yours, a es H. Throwe JHT/rj p r pow CO) - r 0-ye sicwm V&U&ot � U m 1540 SULLIVAN(AVENUE • SOUTH WINDSOR. CONN. 06074 R•Co�' AREA CODE 203/644-2511 SO i March 8, 1990 Attorney James H. Throwe Leone, Throwe, Teller & Nagle 33 Connecticut BoOlevard East Hartford, CT' 06108 Dear Attorney Throwe: n re se to your letter of January 4, 1990, the Planning and Zoning Comm ssion',, is releasing the maintenance bond held on the Stonefield ubdivi.sion which exp_ilred December 20, 1989 . Since Letter of Credit was isubmitted in lieu of a surety bond, the interest due to you f rom the ''Town is based on the monies in the account on the day of the maintenjance expiration. The breakdown is as follows : $11,720 0© ,principal held for maintenance 210 .26 interest (per enclosed form) $11,930.26 Final Payment If you have questions, please Contact George Spring in the Finance Department at 644_� 2511. Very truly yours, Louise C. Evans Chairperson Planning & Zoning Commission LCE/pmm cc: Marcia A. Banach, Director of-Planning Jerry C. Iazzetta, Town Engineer Michael J. Giantick, Director of Public Works George Spring, Direc or of Finance '^ a REAL ESTATE CONTRACT The GREATER HARTFORD BOARD OF REALTORS,INC. EQUAL t HOUSING REALTOR O OPPORTUNITY Page 1 of 1. Parties. Ernest E . Reichie Buyer: Name(s) 27 Mountain Drive South Windsor, Ct. Telephone Address Seller: S heEr L. S aw Name(s) Telephone 528 Miller oadSouth Windsor, Address 2. Buyer agrees to_purchase from Seller,and Seller agrees 4soell to Bmb ceTinn�real ppo erty known as 52�operfy. Miller Rd. South Windsor, Ct . Number Street Connecticut("Property"). Town 3. Fixtures and Personal Property. Except as stated below, all fixtures located on the Property are included in this sale, and all personal property locate49 he Pto a is xclu d from the sale. The f Ilowin fixtures are EXCLUDED(NOT APPLICABLE UNLESS FILLED IN): SA e includes house, Barn, vooI and 19 .5 Acres. The Following personal property is INCLUDED(NOT A PLICABLE UNLESS FILLED IN). 4(a),(b),(c),(d)and(e)BELOW ARE NOT APPLICABLE UNLESS FILLED IN. -�� 4. Price. The total purchase price is$ (a) Buyer has made the following deposit witt this Contrac ,subject to collection: a (b) Buyer will make the following additional d posit on or before Date (c) Seller will take back a purchase money note and mortgage as described in Section 5 In the amount of: (d) Buyer will assume the existing mortgage on the Prope which,at the closing,will not be in default and will have a principal balanc of approxiJ tely: (e) Buyer will pay the following amount at the closing by bk or certified check by obtaining a bank or institutional mortgage as descri ed in Sectio6: (f) Buyer will pay the following balance at theclosing by nk or certified check: oyo TOTAL $ THE FOLLOWING PURCHASE MONEY ORTGAGE PROVISION IS NOT APPLICABLE UNLESS FILLED IN. 5. Purchase Money Mortgage. Seller will take ba k a purchase money note and mortgage in the amount specified in Section 4(c)of this contract.The interest rate will be % p r annum. Monthly payments of principal and interest shall be made to Seller based on a year amortization schedule. Th entire unpaid principal balance and all accrued and unpaid interest thereon shall be finally due and payable years from the date of closing. Unless otherwise agreed upon between the parties, the form of the purchase money note and mortgage shall be the most recently revised Connecticut- 1 to 4 Family- FNMA/FHLMC Uniform Instruments, ex- cept that no escrows for taxes and insurance shall be required. This purchase money note and mortgage will be subordinate to any Mortgage described in Section 6 of this Contract. THE FOLLOWING MORTGAGECONTINGENCY IS NOT APPLICABLE UNLESS FILLED IN. 6. Mortgage Contingency. Buyer will use Buyer's best efforts to obtain a written commitment for a mortgage("Mortgage")from a bank or other institutional lender on or before ("Mortgage Contingency Date"). Buyer will pay all application fees, points (not to exceed ), and other charges in accordance with the policies established by the applicable lender. The Mortgage must be on the following terms: (a) Amount: $ (b) Maximum interest rate: 04 per annum. (c) Minimum term: years. (d) Types of mortgage: CHECK ONE OF THE FOLLOWING Conventional Fixed Rate CHPA FHA Conventional Variable Rate with a maximum intitial interest rate as set forth in Section 6(b),above VA _Other: If the Mortgage is CHFA, VA, or FHA, Seller will pa the points (not to exceed ) and well and termite inspection charges as required by the applicable lender to be pal I by Seller. If Buyer cannot obtain a written commitment for the Aortgage, Boyer may terminate this Contract by providing Seller and Broker, not later than the Mortgage Contingency Date, with written no ice of Buyer's inability to obtain such commitment. If Buyer does not elect to terminate, then this Contract will remain in full force and effect, nless Seller, within seven (7)days from the Mortgage Contingency Date, gives written notice to Buyer and Broker that Seller has elected to t rminate this Contract as a result of Buyer's inability to obtain such commitment. If either party so terminates this Contract,then all deposits will be returned to Buyer, and this Contract will be null and void. r� 03REAL ESTATE CONTRACT The GREATER H RTFORD I21OARD OF REALTORS,INC. EQUAL HOUSING REALTOR D OPPORTUNITY Page 2 of 7. Escrow of Deposits.All deposits will be held in es row by listing Broker until: CHECK ONE the earlier of(a)the datf on which BL yer obtains transfer of title the mortgage commitme it described n Section 6, or(b)the eighth(8th)day following the Mortgage Contingency Date In case of a dispute, listing Broker reserves the right to continue to hold all deposits,without interest or other liability, until the parties' rights to the deposits are finally adjudicated or agreed upon. 8. Condition of Property. Buyer acknowledges that B yer has had the opportunity to make a full and complete inspection of the Property,to the extent desired by Buyer. If Buyer has elected to make a less than thorough inspection, Buyer waives any right to object to any defects in the Property that would have been disclosed by a full and complete inspection. 9. Other Conditions. YLJ— r 10. Closing. 9 The closing;4etake place on or sooner as 4tually agreed by the parties. Date The closing will be held at the offices of Seller's attorney or at such other place as Buyer's mortgage lender may reasonably require. 11. Title. Seller will transfer fee simple title to the Pro Derty to Buyer by a Connecticut form of warranty deed, subject to(a)any and all pro- visions of any ordinance, municipal regulation, or publi or private I w; declarations, restrictions, covenants, and easements of record any . state of facts an accurate survey or personal inspection f the Proeprty might reveal; provided they do not interfere with the present location of any building now located on the Property or prevent the use of the'I Property as a residence, or render title to the Property unmarketable; (b) current taxes; (c) any mortgage which the Buyer has agreed to'assume under this Contract; and (d) the following additional liens and enc berances which shall be assumed and paid by B yer in addition to the purchase price(NOT APPLICABLE UNLESS FILLED IN): i e Interest, fuel, condominium fee and other 12. Adjustments. Adjustments for taxes, associationfees, rents water,water, fire taxes, sewer, Brest, ue, co do s, a charges will be made as of the date of closing in accordance withlthe custom of the Bar Association for the county where the Property is located. 13. Possession and Occupancy. At the time of closi g, possession and occupancy of the improvements on the Property shall be delivered to Buyer in their present condition,subject to ordinary ear and use., 14. Risk of Loss. Risk of loss or damage to the Property shall be upon Seller until the closing. 15. Default. If Buyer defaults under this Contract and Seller is not In default, Buyer's deposits shall be paid over to and retained by Seller as liquidated damages, subject to any commission due Br ker, and Buyer and Seller shall be relieved of further liability to each other under this Contract. 16. Complete Agreement.This Contract contains the ntire agreement between Buyer and Seller concerning this transaction,and super- sedes any and all previous written or oral agreemen s concernin the Property. Buyer has made this Contract without relying upon any representations, information or promises made by Sel er or Broker that are not contained in this Contract as to the character, quality, use, zoning,value,condition,occupancy or other matters ri lating to the Property. 17. Riders.The following riders are made a part oft is Contract: CondominLIm/PUD Insulation on(Nehomes only) Other APP�ICABLE ONLY IF CHECKED 18. Survival.This Contract shall be binding upon and inure to the benefit of the respective personal representatives, heirs, successors and assigns of Buyer and Seller. 19. Equal Housing Rights. Buyer acknowledges that he/she is aware of his/her right to be shown any home within his/her price range in any area specified by Buyer and which is available to the undersigned REALTOR. BUYER SELLER BROKER Date: Date: Date: