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HomeMy WebLinkAboutSUBDIVISION, OPEN SPACE (4) TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION The Commission will officially receive applications pplication NO. at either Special or Regular meetings provided they Received Date : were submitted to the Commission Chairperson, Secretary Action or Public Hearing by: or agent, at least fourteen (14) days prior to the meeting at which they will be officially received. No application officially received at a Special Meeting Receipt No . will be acted upon at tf t meeting._ APPLICANT: Creative Development Corporation ADDRESS : 25 Oakland Road, S. Windsor, CT 06074 TELEPHONE644-2491 OWNER OF RECORD ON LAND RECORDS : William P. Kalber ADDRESS : 142 Coles Street, Cromwell, CT 06416 COMPLETE LOCATION OF PROPERTY: Approximately 36 land located northerly of Miller Roadlat intersection of Barbara Hill Road and Miller Road. ZONE AA-30 NAME , ADDRESS & TELEPHONE NUMBER OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED : Attorney Michael J. Lanza, Kuehn, Cavanaugh & Cummings, P.C. 1665 Ellington� Road, S. Windsor,, Ct 06074 644-3473 TELEPHONE THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) 1 . Zone Change to (public hearing req 2 . Filing for Subdivision 05,111 O�Z' O •\SS X 3 . Filing for Open Space Subdivision (publi ear volg re� C r • � 4. Filing for Resubdivision (public hearing require��' 5 . Special Exception to Article (public heQ '�t ng required) 6 . Site Plan of Development 7 . Removal of Sand , Gravel , Clay or Qua OnOre (public hea in required) g q ) � 8 . Other (explain in detail) yG VI- SpR Q�p,N so• THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND OWNER OF- THE PROPERTY AND S TED WITH 6 ETS OF PLANS (7 sets if public hearing is required) BEF0 E IS RECE VE BY THE PLANNING & ZONING COMMISSION. CRE T &E �. OPT ORPORATION By ' Appl earl a Owner i iam aI 5er . 12/84 PLANNING AND ZONING COMMISSION TOWN OF SOUTH WINDSOR Fee Schedule and Policy 1. An application processing fee of $25 per lot ($50 minimum) is required for: Subdivisions,. resubdivisions, and open space subdivisions. 2. An application processing fee of $50 is required for: Change of Zone, Zoning Amendment, Special Exception, and Earth Removal or Land Filling Operations. 3. An application processing fee of $25 is required for Site Development Plans, except: where new buildings/additions/renovations of 2,000 s. f. or more are proposed, said fee shall be $50; said fee shall be $500 for Site Development Plans in the Designed Commercial Zone; $50 plus $5 per dwelling unit for Adult Housing ($500 minimum) . 4. An application processing fee of $10 per acre ($300 minimum) is required for a Change of Zone/General Plan of Development in the Designed Commercial Zone. 5. An application processing fee of $100 is required for a Change of Zone/ General Plan of Development in the Multi-Family or DA-15 Residential zones; or for a Special Exception/General Plan of Development for Adult Housing. 6. An application processing fee of $50 plus $5 per dwelling unit is required for a Special Exception/Site Plan of Development in the Multi- Family or DA-15 Residential zones ($500.00 minimum). 7. Application processing fees are non-refundable after the application has been officially received by the Commission. Application processing fees may be returned prior to the application's official reception provided a letter of withdrawal, signed by the applicant, has been submitted to the Commission prior to the meeting at which said applica- tion is scheduled to be officially received. 8. Applications unaccompanied by the required application processing fee are incomplete, and as such may be returned to the applicant and removed from the Commission's agenda. 9. Complete applications and required fees shall be submitted at least fourteen (14) calendar days prior to the Regular or Special Meeting at which it will be received. 10. Fees for a previously denied application shall not apply to any subsequent application. However, when a subdivision, resubdivision, or open space subdivision application has been denied within the preceding 12 months or approved for fewer lots than requested, and a- new application for the subject tract is submitted by the same appli- cant, then the fee for the new application shall be a minimum of $50 plus $25 for each lot above and beyond the number of lots contained in the earlier application. 11. A fee of $5 per sign is required for signs to be posted by the applicant on the subject property. 12. Other Fees: Subdivision Regulations - $3.00; Zoning Regulations - $4.00; Zoning Map $1.00; fees for other documents is as determined by the Commission. 13. All checks shall be made payable to "Town of South Windsor." Adopted: 4/10/84 Revised: 12/4/84 ,. - o � ' DRAIUMSTE Er1J2M"r,i•;T 1\SY%a �11l11J 111Gl•1 BY THESE PR JL'lV 1 J , 111a 1 , PAULlI•IG oALI;= �''' Town of South Windsor County. f nar tford 'and v f iL11c , J t.d�.a ol. �. 'nnec:1.1C:ut, for the COI15iucZ'ation i v1vrONE Dvii A1% K1Y1j Q.L nrjL*, 1S11U^01JZ CONSIDERPILT10 t, r acei v Ct1 t' iii - u.l.l sat I.S f act li Dn of t ha Town of South Windsor, al Tl unicipal c orpc:31':atio organized and existing under thel laws of the S to to of C''nnectic.ut, and having its ter i toi�.al 1i1'tlits Within the! State of Connecticut, do hereby g�v1:, grant, bargain, s • 11 and confirm unto tha said Tow n' of South Windsor, its successors and assigns forever.. : a tenant eases:rent as hereinafter• sat forth in, t hough, on and over a certain pi 'c:e or parcel of land situated in the Town of South Windsor, County of Hartford, and Stata of Connecticut, as more pa ticulariv bounded and described a� follows, to wit- . * A certain piece or parcel of land shown, on a map i 11 nr•• r+..T }�► •�• *. 7�.. .T%• ��► �...r���rl Alt • an`i1.led �'r SEM 1'1 i MAP TO TOw71; OF SOU 'LI W-LjrD$0-A aL/uC,DCRR� G��CL SGUT'rii WI;yL3uR CT Scale 1" = 40 ' Data 4/t9/8ti Project 83- ai Sheet 1 of i L'uCEF E2'GINEERING ASSOC. III;—. Consulting - Enginaers !490 Buck-land Road South Windsor, Conn. " . which map Or -0lan i5 on f ila or to be filed with t 111e 6fi1ca of - tila South '+'iin4sor Town Clark. - y Said jw eca or parcel is more particularly bounded and described las follows: Commi ncing at a point in the northaastarl v iin& of Blueberry as shown on said map thence iyj 6� ° i5 ' 3" "I'4 One hundre�3 Sixteen and Twenty-four. One hundbr'edths (13 +6.24) feat to a point; thence S 61° ,45' 9" W, One iundred Dina (l09) feet to a point in the northeasterly Mine of Bluabarry C, �e ; thence in the arc of a curve wi.tii a delta angle of 142 56 ' 2l" ai d a radius of Fifty (50) feet, Thieteen and Four One nundr-dths (13. 04). feet to the point and place of beginning. Said ea'samant is granted over a portioni of tha. pramisas • conveyed to the grantor herein by Unicond, Inc. d/b/a Allied Suildars , 'by Warrantee Deed datad Octob^r 5,, L 01 and recorded in- Vol . 500 at Fa a 51'T of the South Windsor 'Land Records. -- -- - - - - "w "- Within Said permanent easement above described, the cg,r alitae s�rotact, all have the right to construct, iai.ntain, illspe'sc.t, use, operate, alter, modiLY, repair, j racontruct and replace drainage pipes, rip- ap and all { necessary jappurtenances to control the drainage of water. Vila grantors shall not erect, or allow 11to be erected, aiiv LjUildjLng ,off" structures on, or gratis, a:iLriVrltc, fill or • conduct any activities within said rj,tirrnan&nt CaSc:iTloiit •aT'acs; "... " -%�.,.: y, t''�.e-ice' _ • DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that of for th consideration of ONE ($1.00) DO AND OTHER VALUABLE CONSIDERA IONS, received to its/his/he full satisfaction of THE TOWN 0 SOUTH WINDSOR, a municipal orporation chartered under the lows of the State of Connecticu , do give, grant, bargain, sell and confirm unto th said TOWN F SOUTH WINDSOR, its successors and assigns forever, a perpetual to lay, install, maintain, nspect, operate,construct,iight , use, alter, repair, replace, and remove storm water or storm sew: ' lines, storm water or storm sew r pipes, or storm water or s orm drainage systems and appurte ances thereto, in, through, uin on and over certain pieces or pa cels of land as described Exhibit A. Within said parcel(s) described in E ibit A the Grante its/his/her successors and assigns, shall h ve the right to cut trees and lushes as may be convenient or necessary and to remov structures thereon, and to pass and repass with men and equipment, � to operate equipment and install materials incidental to the construction of said storm water or torm sewer lines, storm water or storm sewer pipes, or storm ater or storm drainage s stems and to excavate and fill, nd, if necessary, to alter exis ing water courses or form emban ents over said storm water or s orm sewer lines, storm water or torm sewer pipes, or storm wate or storm sewer drainge systems. 1 The Grantor herein, for itself/himsel /herself, its/his/her successorsland assigns, shall not erect or Illow to be erected any immobile structures on said easements o ' rights-of-way and shall not plant or allow to be planted or g own any trees th r on or perform, any work thereon within said eas ents or rights-of- way which y endanger or interfere with sa d line, pipe or drainage s stems. The raptor herein for itself, its su cessors and assigns, r serves right to itself/himself/herse1 , its/his/her successors and assigns, to continue to use he land within which th afores id easements or rights-of-way ha a been granted for any uses a d purposes which shall not in an way interfere with the use thereof by the Grantee, its success rs and assigns, in fulfilling I the purpose for which these easements or rights-of-way are granted. The rantee herein, for itself, its s ccessors and assigns, agrees to estore and maintain said premise in their original condition s nearly as possible commensurat with the above use upon the compl tion of any maint nanc , op ation, construction, replacement or repair work in said easem nt , or right-of-way areas-. 2 - The Grantee agrees to hold the Grantor, his/her heirs and assigns, harmless from and against any and all damage to property or person caused by the construction and/or maintenance and repair of said sewer line. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal this day of , 19 Signed, Sealed and Delivered GRANTOR: in the Presence of: STATE OF CONNECTICUT) COUNTY OF HARTFORD ) On this day of , 19 , before me, , the undersigned officer, personally appeared , known to me (or satisfactorily proved) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. In witness whereof I hereunto set my hand. Witness Town Manager Date TOWN HALL USE ONLY Approved by Town Engineer Date 4/20/90 Volume 500 Page N° 517 WARRANTY DEED TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL CONE, GREETING. j KNOW YE That Unicond, Inc. dba Allied Builders, a Conn e ticut corporation with aft office and principal place of business in the Town of New ngton, County of Hartford, and State of Connecticut (hereinafter referred to s "Grantor"), for the c nsideration of Two Hundred Sixty-Eight Thousand, Nine Hund ad and 00/100 Dollars ( 268,900.00) received to its full satisfaction of Pauline B lnius Boyer of the wn of South Windsor, County of Hartford, and State of Conn cticut (hereinafter referred to as "Grantee"), does give, grant, bargain, sell a d confirm unto the said Grantee, its successors and assigns forever, the follow ng-described real p operty situated in the Town of South Windsor, County of Ha tford, and State of Connecticut: A certain piece or parcel of land with all buildings a improvements thereon s�tusted in the Town of South Windsor, County of Hartford, nd State of Connecticut designated as Lot No. 16 on a map entitled "BLUE SPRUCE EST ES a AA-30 OPEN SPACE WMDIVISION, PAGE ENGINEERING, INC., 1750 ELLINGTON ROAD SO H WINDSOR CT 06074 NWECT 85-020 7-15-85 SCALE 1" - 401" which map is on file in the Town Clerk's ffice of the Town of South Windsor and to which reference y be made. Said premises are subject to a certain 20 foot drains easement in favor of VX the Town of South Windsor as more particularly shown on the subdivision plan i, referred to above. ' c Said premises are conveyed together with a non-exclusi a right to pass and pass on foot or by vehicle over all road areas shown on t e subdivision map as :;i ing part of and appurtenant to Blue Spruce Estates Subdiv sion until such time am. the said roads are accepted as public roads by the Town of outh Windsor. f Said premises are subject to certain utility easements as of record appear. A Said promises are subject to taxes to the Town of Sou Windsor on the Grand I-_� List of October 1, 1986 which the Grantees herein assume a d agree to pay. TO HAVE AND TO HOLD the above granted and bargained p emises, with the appurtenances thereof, unto the said grantee, his (her) he rat successors, and assigns forever, to his (her) and their own proper use and behoof. And also, the said grantor does for itself and its successors, covenant ith the said grantee, ;his (her) heirs, successors, and assigns, that at and anti the ensealing of these presents, it is well seised of the premises, as a good ind feasible estate in FEE 8INPLE1 and has good right to bargain and sell the same in manner and form an is above written and that the same is free from all encumbran es whatsoever, except as hereinbefore mentioned. I I AND FURTHERMORE, the said grantor does by these prose is bind itself and its successors forever to WARRANT AND DEFEND the above granted and bargained premises C to the said grantee, his (her) heirs, successors, and assi s, against all claims and demands whatsoever, except as hereinbefore mentioned. "1 IN WITNESS WHEREOF, Grantor has hereunto caused its a to be set and its y corporate seal to be affixed, this 5th day of Octob r , 1987 2 Signed, Sealed and Delivered, UNICOND, INC. ALLIED BUILDERS i z in the presence of: By �t �► Joyce Jajiosz U DAV D S. S N Its President Duly Authorised !!!� !�• �. Debra Campanell STATE OF CONNECTICUT) ) ass Newington October 5, 1987 COUNTY OF HARTFORD ) Personally appeared DAVID S. STONER, President of U icond, Inc. dba Allied E Builders as aforesaid, Signer and Sealer of the foregoin Instrument and he f acknowledged the same to be his free act and deed as suc President and the free f act and deed of said Corporation, before me. Notary is Wu My Commission piras Ma 31, 1992 {{ ASSIST • Volume 500 Page N? 518 i t i MORTG GE DEED NO. 117 A-- T�!.T TJ• h...IE'K I TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREE�1'ING% l' 4 KNOW 'YE, THAT I, PAULINE BALNIUS BOYER, for the consileration of TWO HUNDRED THOUSAND ($200,000.00) DOLLARS, received to full satisfaction of S LVATORE GAROFALO do give, grant, bargain, sell nd confirm unto the said;SALVATORE GAROFALO a certain piece or parcel of land with all buildings and improvements thereon located in the To of South Windsor, County of Hartford and State of Connecticut, and bei g shown and designated as Lot No. 16 on a map or plan entitled, BLUE SPRUCE ESTATES a AA-30 OPEN SPACE SUBDIVISION. Page Engineering Inc 1750 Ellington E Road' South Windsor CT 06074 Project 85-020 7-15-8 Scale 10 - 40IN which map or plan is on file in the South Windsor To n Clerk's Office to t which map reference may be had for a more particular description. t Together with a nonexclusive right to pass and repas on foot or by y vehicle over all road areas shown on the subdivision map as being part of and appurtenant to Blue Spruce Estates Subdivision, ntil such time as the said roads are accepted as public roads by the T wn of South Windsor. t To Have and to Hold the above granted and bar aimed premises, with the,appurtenances thereof, unto the said grantee, h s heirs, successors, and'assigns forever, to his own use and behoof. An also, I, the said grantor do for myself, my heirs, executors, adminis ratorsI and successors covenant with the said grantee, her heir , successors, and assigns, that at and until the ensealing of these p esents, I am well sei4ed of the premises, as a good indefeasible esta a in BEE SIMPLE; and have good right to bargain and sell the same in man er and form as is } above written and that the same is free from all in umbrances whatsoever, except as hereinbefore mentioned. And Furthermore, I, the said grantor do by th se presents bind t myself and my heirs forever to WARRANT AND DEPEND t e above granted and bargained premises to the said grantee, her heirs, uccessors, and assigns, against all claims and demands whatsoever,; except as hereinbefore mentioned. The Condition of this Deed is such, that whe 'eas the said grantee is,justly indebted to the said grantor in the sum f TWO HUNDRED THOUSAND ($00,000.00) DOLLARS, as evidenced by a promisso note for TWO HUNDRED THOUSAND ($200,000.00) DOLLARS of even date herewi h, payable to said grantor. � Now Therefore, if said note shall be well an truly paid according touts tenor, and all the other terms and conditio a of said note and this mortgage are duly performed, then this deed s all be void, otherwise t to be and remain in full force and effect. i IN WITNESS wmazOP, I have hereunto set my h� nd this 5th day of Octtober, 1987. Witness Grantor 7 PA LINE BAZ#I S BOYER �c�' F r. vL&I e4 ff Volume 500 Page Na 5�9 I I STATE OF CONNECTICUT) s so. East Hartford, October 5, 1987 COUNTY OF HARTFORD ) Personally Appeared, PAULINE BA=US BOYER, 8 gner of the foregoing Instruoent, and acknowledged the same to be her fre act and dead, before not 4C &C E`• bZc'!f Commissioner of the Superior Court Mortgagee*s Address: 3878 ` <riN tc.. Q ee.c�' 1-1ornet4 -kl c. eta •a, w ar. t,;'.:3TA: wN LERK i i I i I f I I I I I I I � _2_ i , ' .1. ' 1 ': 'L.,"�_ "�:��,:rt'+�+•akt`,'i •�, F i �•`. �� � '�' �.�^�.'�;Jy.6��'1. 'L.4!t'��',�rif,v,.,!_ty�{j��♦'� •,;� { ��j 7t. r��'}.. r. `ter•' t, ,P ' J •, .:e t-. �ra'r '+'�i F a �a •'; i�r,'�Ira yin,,'/`t _y'1,*' •�A e,,• 7• ,!.`�• r;r+tf`f+`''F' ',"A• rr +'1 '?••* �' ' �,• !' 1 -1•t, W ti •r` .tib' �;� ,`�'.,�'*-�'ti - I •'. 'S ,.t'!t �.Yry `a t'V� ►r �a r! 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L • .1:?�'� •,:,Y ,y,,�r•t rr tC'�,,r�t* .:t,.ti T J,�'`,• .1 'f" '. .d `3;, �, �`.{ ' 1. 11. -r'•a { -� `. , ~ �.:• •`'•!e t`~r '�1 .a1'., t �i1 �:\#, J .. -,•}-M? �.•~.--+r.,��r /`• ., ,Ivr•.t.• .� ,:'hLAr *a-.a rY•f +�.'� •y r, .1•ti`: `�- '�, ncA"J'a.V�.i `� _ - - t•'rs ,';. ,-••,{,s,rZ"•.{:'{t ••�{. .•.T t:/"'f Lr•' _ r;N'4� '', L r �a k.. - v n .'"-' e;r�'• ,7 Y t'' f'R ~•'f• ` - fi• \' 'Y •aLs,!'3 r °F'''Yr�'rd +!, - ,,`y £ .�.'t'•''#1.{•i>t� ,•f'. •it--i�ti,•',r•'�`•r.I '••,, '��, .`' .� ..y - ..,Y,,+ J,,�•`'L i.- - ,s• `,�- !. +, r r . -i I •b � - .,, � ,,,� in �•'! h ,�tr.r .t,1J i is.]' i- • 'r' J -� '�' L �j' �+ ' :l"Y•. 1 •t - 3 - - .. ,, - � . . b,,•i„�,��. .�`-�.i�',:r;�'�af`��``• �,•t,t��{'r '~ .. a•e _ ,i•ti•;^�=' YI• ,ti s. - .•le•�f .�'� s Volume 500 Page N° 517 WARRANTY DEED r� l •4 3 TO ALL, PEOPLE TO WHOM THESE PRESENTS SHALL COKE, GREETING: KNOW YE That Unicond, Inc. dba Allied Builders, a Connecti ut corporation with an office and principal place of business in the Town of Newing on, County of Hartford, and State of Connecticut (hereinafter referred to as Grantor`), for the consideration of Two Hundred Sixty-Eight Thousand, Nine Hundred and 00/100 Dollars ($2168,900.00) received to its full satisfaction of Pauline Baln us Boyer of the Town of South Windsor, County of Hartford, and State of Connect cut (hereinafter referred to as "Grantee'), does'give;-grant-,-bargain, sell and nfirm unto the said Grantee, its successors and assigns forever, the followin described real property situated in the Town of South Windsor, County of Hartf rd, and State of Connecticuts A certain piece or parcel of land with all buildings and provements thereon i situated in the Town of South Windsor, County of Hartford, and tate of Connecticut designated as Lot No. 16 on a map entitled "BLUE SPRUCE ESTATE a AA-30 OPEN SPACE SUBDIVISION, PAGE ZNGINCERING, INC., 1750 ELLINGTON ROAD SOUTH INDSOR CT 06074 PROJECT 55-020 7-15-05 SCALE 1• - 401" which map is on file in the Town Clark's Office of the Town of South Windsor and to which reference may be made. ILA Said premises are subject to a certain 20 foot drainage a moment in favor of 1 the Tbwn of South Windsor as more partieularly•shown on the s ivision plan referred to above. '` O Said premises are conveyed together with a non-exclusive ight to pass and repass on foot or by vehicle over all road areas shown on the ubdivision map as �++ being part of and appurtenant to Blue spruce Estates Subdivisi n until such time the said roads are accepted as public roads by the Town of Sou h Windsor. i Said premises are subject to certain utility easements as of record appear. Said premises are subject to taxes to the Town of South Windsor on the Grand E;_� List of October 1, 1996 which the Grantees herein assume and a ree to pay. �I TO HAVE AND TO HOLD the above granted and bargained premi as, with the appurtenances thereof, unto the said grantee, his (her) heirs, successors, and assigns forever, to his (her) and their own proper use and beh f. And also, the said grantor does for itself and its successors, covenant with the said grantee, his (her) heirs, successors, and assigns, that at and until th enameling of these presents, it is well seised of the premises, as a good indefea ible estate in rEE S7IHPLEr and has good right to bargain and sell the same in ma er and fors as is above written and that the same is free from all encumbrances hatsoever, except as hereinbefors mentioned. AND FURTHERMORE, the said grantor does by these presents bind itself and its ; successors forever to WARRANT AND DEFEND the above granted an bargained premises e to the said grantee, his (her) heirs, successors, and assigns against all claims and demands whatsoever, except as hereinbefore mentioned. �• \ • pi IN WITNESS WHEREOF, Grantor has hereunto caved its name to be set and its corporate seal to be affixed, this 5th day of October , 1987 "" a Signed, Sealed and Delivered, UNICOND, INC. dba IED BUILDERS in the presence of �• �( Sri '• 't � Ct By �.►' n, Joyce J ors Its President Dul Authorised. of Debra Campanell STATE OF CONNECTICUT) ) *as Newington October 5. 1967 COUNTY OF HARTFORD ) Personally appeared DAVID S. STONER;-President of Unieon , Inc. dba Allied Builders as aforesaid, Signer and Sealer of the foregoing Ins rument and he ecknowladged the same to be his tree act and deed as such Pr sident and the free eat and deed of said Corporation, before me. f � I ���fN�-.IY� • � � •��� ' Notary Pub is ASS)STANT w4 GL. My Cosm►ission Expir s Me ]1, 1992 w I Volume 500 Page N? 518 //��/ (OCT� . . . i MORTGAGE DEED NO. 117 A= =-`:T T,:VN 4 ?K I ' TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL CONES GREETIN s ~('• i4 KNOW YE, THAT I, PAULINE BALNIUS BOYER, for the consider tion of TWO HUNDRED THOUSAND ($200,000.00) DOLLARS, received to my f 11 satisfaction of SALVATORE GAROFALO do give, grant, bargain, sell and onfirm unto the said SALVATORE GAROFALO a certain piece or parcel of Ian with all buildings and improvements thereon located in the Town o South Windsor, County of Hartford and State of Connecticut, and being s own and designated as Lot No. 16 on a map or plan entitled, "BLU SPRUCE ESTATES a AA-30 OPEN SPACE SUBDIVISION. Page Engineering Inc. 1 50 Ellington Road South Windsor CT 06074 Project 85-020 7-15-85 S ale 1' - 4019 which map or plan is on file in the South Windsor Town C ark's Office to ! L which map reference may be had for a more particular des ription. Together with a nonexclusive right to pass and repass on foot or by vehicle over all road areas shown on the subdivision map as being part of and appurtenant to Blue Spruce Estates Subdivision, until such time as the said roads are accepted as public roads by the Town f South Windsor. t To Have and to Hold the above granted and bargaine premises, with the appurtenances thereof, unto the said grantee, his he rs, successors, and ass�gns forever, to his own use and behoof. And als , I, the said grantor do for myself, my heirs, executors, administrato s, and successors covenant with the said grantee, her heirs, su cessors, and assigns, that at and until the ensealing of these presen s, I am well seized of the premises, as a good indefeasible estate in FEE SIMPLE; and have good right to bargain and sell the same in manner a d form as is above written and that the same is free from all incumbr nces whatsoever, except as hereinbefore mentioned. And Furthermore, I, the said.grantor do by these presents bind myself and my heirs forever to WARRANT AND DEFEND the above granted and bargained premises to the said grantee, her heirs, successors, and assigns, against all claims and demands whatsoever, exce t as hereinbofore mentioned. The Condition of this Deed is such, that whereas the said grantee is justly indebted to the said grantor in the sum of TWO HUNDRED THOUSAND ($200,000.00) DOLLARS, as evidenced by a promissory note for TWO HUNDRED THOUSAND ($200,000.00) DOLLARS of even date herewith, palpable to said grantor. Now Therefore, if said note shall be well and truly paid according to its !tenor, and all the other terms and conditions of aid note and this mortgage are duly performed, then this deed shall be void, otherwise to be and remain in full force and effect. ' IN WITNESS WHEREOF, I have hereunto not my hand this 5th day'of October, 1987. witness Grantor 7(1 1 - PAULINE JIJUS BOYE Volume 550 Page N? 32 CERTIFICATE OF CHANGE OF NAME TO WHOM IT MAY CONCERN: 000580 = Be it known that Unicond, Inc. d/b/a Allied Builders a Connecticut corporation with its principal office in the own of Newington, County of Hartford and State of Connecticut owning property x :. recorded in the land records of the Town of South Windsor State of Connecticut, in the name of Unicond, Inc. d/b/a Allied Builders which ' ;.• has been changed to Stoner Group, Inc. by Corporate Resolution, has , duly executed this certificate and given it for record in compliance with Statutory Requirements of State of Connecticut. Dated this 7th day of February, Nineteen Hundred and Eighty-Nine. t WITNESSES: Jtymondl cD David S. er, Pres ent Stoner Group, Inc. f/ /a !� Unicond, Inc. d/b/a Allied . Derench alders STATE OF CONNECTICUT) ss. Newington February 7, 1989 ! s COUNTY OF HARTFORD ) Personally appeared David S. Stoner, President of Stoner Group, Inc. f/k/a Unicond, Inc. d/b/a Allied Builders who subscribed and + swore to the truth of the foregoing certificate, and acknowledged that + he executed the same, before me. ,• i _j Notary']Public Joyce J. ac ona My Coffmission Expires March 31, 1992 •.r IMR P1GVVW. p k. fL• �ry 7� TIME�•'3o T• M TOWN S /YNOSOR.C ; � 1 5 •_ i t 4.. I WATER PCLLUTICK CORML STY ST E:rnr MIlNEMES JANGM 14, 1986 Cairnx�n Canino called the meeting to order at 7:35 P. M (A) ROLL CALL Present: Chairnan Canino, Mr. Alawnder, Mr. Falzaranor Mr. Lanza Abs ent: Mr. Dickinson, Mr. Peterson I t C Also Present: Mr. Markey, Mankey Associates, Mr. Shaw R �U (B) P[MBLIC PARTICIPATION (Item Not OnAgenda)- • 4 �qRR went from the public under this cat P1ANN�NG DEpT. 'Mere was no one present I� �' W1NDSaR (C) BILLS, CMUqM 01MOS, D Chairman Canino presented the following bill for cansi ticn: 1. Purcell Associates, Inc. $4,317.134 Mr. Canino said PI=ell Associates sent a letter to Mr. Shaw dated September 24, 1985, (See red letter) . Mr. Alexander asked what the status is of the lawsuit. Mr. Carino said Mr. Shaw told him that the work on Contracts P, R, and S is just about ccaplete. However, he said he wants to make sure that if the W. P. C. A. approves payment of this bill, it isn't going to jeopardize the lawsuit. Mr. Lanza made a motion to approve the payment of the Purcell Associates bill in the amount of $4,317, subject to Attorney Kitt 's concurrence. Mr. Falzarano seconded the motion. Motion unanimously carried. Four affirmative votes. Mr. Lanza made a mbtion to- suspend the rules and go to item D. 3. on the agenda. Mr. Alm seco�cged the motion. Motion unwdmously carried. (D) EMT BM324 s 3. Sewer Approves - Blue Spruce Estateo�seph Schick Mr. Lanza said his law firm represents Mr. Schick and he would be unable to vote on Blue Spruce Estates. Mr. Canino said Blue Spruce was brought before the W. P C. A. at the last meeting. He said it is a simple, straightforward, gravity feed system, and he sees absolutely no problems with it. However, W. P. C. A. could not give their approval at the last meeting as y did not have a quorum. i Mr.• Carino said the approval would have to wait until W. P. C. A. has four members present that would be able to vote on 's project. He szid he would not be present at the meeting on the st of .January. -2- However, he would give his approval over the telephone that night if this is acceptable to the Town Attorney. Mr. Carino asked the Clerk to try to call Messrs. Dickinson and Peterson and ask then if they would be at the next meeting. Mr. Carino also asked the Clerk to call Attorney Rittenband and ask him if he could vote over the telephone. Mr. Lanza made a motion to suspend the rules and go to item D. 2. on the agenda. Mr. Alexander seconded the motion. Motion unanimously carried. 2. Sewer Connection Charge - Property at 1275-1281 John Fitch Blvd. Mr. Lanza said he spoke with former Sewer Commission Chairnan James Throwe regarding this matter and he had very little recollection of it. He said he recited the regulations as we know them. whatever piece of property that was developed on the parcel of land was what the comission at that time assessed. Mr. Lanza said whenever someone filed a site plan application, all that land in that particular site plan was considered developed land. He said the commission at that time must have felt that all the area in the site plan that Mr. Winton presented was developed. Mr. Lanza said Mr. Throve told him ccuiuunications between Mr. Winton and himself Waist have broken down. Mr. Carino asked why there was a double step. First, the $1,500.00 assessment initially, then another assessment at a later date. Mr. Lanza said it appears that the first assessment was prior to the site plan being filed. The second assessment was probably after the filing of the site plan. Mr. Carino asked if the present W. P. C. A. has the right to re-assess the situation and go by the Town Staff's investigation of what is developed land. Mr. Carino said the W. P. C. A. can't undo what has been done by a previous ccatmission. However. they can modify the situation. Mr. Carino asked Mr. Shaw what the Town Staff determined. Mr. Shaw said the Engineering Department looked at the site plan and detennined that there is 1.45 developed acres and the balance was left undeveloped. Discussion followed. Mr. Carino,said he mentioned at the last meeting that the W. P. C. A. should ask the Planning and Zoning Commission to help them define what the developed area is that they approved. Mr. Lanza said maybe in that developed acreage they also require a certain amount of buffer zone. He said that should also be included in the developed area. Further discussion followed. ' d -2- Hounver, he would give his approval over the telephone tkat night if this is acceptable to the 'town Attorney. Mr. Carino asked the Clerk to try to call Messrs. Dickinson and Peterson and ask then if they would be at the next meeting. Mr. Carino�also asked the Clerk to call Attorney RitteriAnd and ask him if he could vote over the telephone. Mr. Lanza made a motion to suspend the rules and�gc to i r=n D- 2. on the agenda. Mr. Alexander seconded the motion. Motion imanimously carried. 2. Sewer Connection Charge - Property at 1275-1281 John Fitch Blvd. Mr. Lanza said he spoke with former Sewer Conmission Chairnan James Throwe regarding this matter and he had very little recollection of it. He said he recited the regulations as we know their. Whatever piece of property that was developed on the parcel of land was t the camnussion at that time assessed. Mr. Lanza said whenever someone Eiled a site plan application, all that land in that particular site plan s considered developed land. He said the conrnission at that time mus have felt that all the area in the site plan that Mr. Winton presented was developed. Mr. Lanza said Mr. Throwe told him ccrfimunications between Mr. Winton and himself mist have broken down. Mr. Canino asked why there was a double step. First, e $1,500.00 assessment initially, then another assessment at a later date. Mr. Lanza said it appears that the first assessment was prior to the site plan being filed. The second assessment was probahly after the filing of the site plan. Mr. Canino asked if the present W. P. C. A. has the rig t to re-assess the situation and go by the Town Staff's investigation of wtat is developed land. Mr. Canino said the W. P. C. A. can't undo what las been done by a previous ccirmission. However. they can modify the situation. Mr. Carino asked Mr.. Shaw what the Town Staff determined[' Mr. Shaw said the Engineering pepar :ment looked at the ite plan and detennined that there is 1.45 developed acres and the balance was left undeveloped. Discussion followed. Mr. Carino�said he mentioned at the last meeting that t1ie W. P. C. A. should ask the Planning and Zoning Commission to help them define what the developed area is that they approved. Mr. Lanza said maybe in that developed acreage they also require a certain amount of buffer zone. He said that should also be included in the developed area. Further discussion followed. I -3- Mr. Alexander asked if Planning and Zoning had looked at this lately. Mr. Shaw said he discussed the matter with Town Plannex Peter DeMallie and they agreed that the definition for developed acreage is unclear. Mr. Canino asked Mr. Shaw to try to get him on the Planning and Zoning's February 11, 1986 agenda to discuss Mr. Winton's situation and. the Sewer Evaluation Report with then. Mr. Lanza asked that the record reflect that he doesn't-believe the W. P. C. A. has the authority to waive the interest that has accumulated on the assessments. Mr. Canino told Mr. Wintom'i that the W. P. C. A. is goirq to do what'they think is right, based on their talk with Plarning and Zoning. Mr. Lanza said perhaps Mr. Winton should be aware of wtat the individual WIlbers feel on this matter. Mr. Canino said he will make a judgment based on what Planning and Zoning says is developed land. lie said he wants to use the definition for developed land for assessments as they use for app 1 of site plans. Mr. Lanza said he would hate to see us go to the Pla=ng and Zoning Commission and not be satisfied with what they say and then have to start this whole process again. Mr. Alexander said his only concern is that if the W. P. C. A. follows some physical act as defined by the Zoning Commission, it may not mesh with the assessment process. Further discussion followed. Mr. Winton said that the land is in its natural state has not been changed. Mr. Lanza said he agrees with Mr. Carino regarding us Planning and Zoning's definiti�can for developed area in our asses It process. Mr. Alexander felt the Planning and Zoning Commission should receive the portion of our rules and regulations that pertain to developed area. . Mr. Shaw was asked to notify Mr. Winton if Mr. Carino 3nd he could not meet with Planning and Zoning on February 11, 1986. 1. Treatment Plant Modifications a. (Garage Improvements - Mr. Mankey) Mr. Canino said he and Mr. Shaw met with the Town i.l last night He said the Town Council asked why the W. P. C. A. di 't accept the bid. Mr. Alexander said the W. P. C. A. was advised to 'd the project after the holidays because the feeling was the bids would vane in lower. -4- Mr. Carino said the Town Council also cautioned them not to cut back to the point where we have to do these things ourselves and pay full price for it. Mr. Shaw said the subcamLittee, Mr. Mankey and he went back over the project and made sane changes to re-bid the project. He said when the project came in as high as it did, it was important to make a conscious effort to cut back and make changes that would'nt affect the same. He said they had to show that effort to D. E. P. Mr. Shaw said if this effort was not undertaken, D. E. P. would not support the project. Mr. Sbaw said Mr. Mankey was present at this meeting to speak to the W. P. C. A. He said he incurred additional costs to do the modifications. Some of those costs were for reproduction; for the first effort when we went out to bid and additional costs for reprinting the plans and documents with the changes. Mr. Shaw said D. E. P. added alot of bidding pages to the documents (ie. boiler plate material) , etc. Mr. Mankey said there was a $1,500.00 price for reproduction in the contract. He said he spent an additional $270.00 for reproduction. Mr. Shaw said when we go out to bid a second time, there will be additional costs. Mr. Markey said there would probably be another $1,000.00. Mr. Shaw said we may be talking about a maxim:Lnn of $1,270.00. Mr. Mankey said not only has the reproduction costs been affected by the re-design, the insurance has also been affected, just because of the passage of time. The policy was for one year starting in December and has subsequently been renewed. Mr. Mankey said the performance insurance renewal was $1,906.00. Mr. Mankey said his estimate for re-design costs is $2,200.00. Mr. Markey said the agreement for performance insurance had been that nonmlly the developers do not carry this kind of insurance and that the Town agreed to pay the insurance in the amount of $1,906.00. Mr. Markey said the re-design is address in the contract under ADDITIONAL SERVICES - 1.6.7 "Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the ARCHITECT.it Mr. Carino said it also says under ARTICLE 3 - RESPONSIBILITY FOR MODIFICATIONS IF COST ESTIMATE EXCT; - "The bidding process will be based upon the cost estimate of the ARCHITECT. If the lowest qualified bidder bids a cost in excess of such cost estimate and the -4- Mr. Carino said the Town Council also cautioned them not to cut back to the point where we have to do these things ourselves and pay full price for it. Mr. Shaw said the subcammttee, Mr. Mankey and he went ck over the project and made some changes to re-bid the project. He said when the project came in as high as it did, it was inTportant make a conscious effort to cut back and make changes that would'nt affect the same. He said they had to show that effort to D. E. P. Mr. Shaw said if this effort was not undertaken, D. E. P. would n t support the project. Mr. Shaw said Mr. Mankey was present at this meeting to speak to the W. P. C. A. He said he incurred additional costs to do the modifications. Some of those costs were for reproduction; for the first effort when we went out to bid and additional costs for reprinting the plans and documents with the changes. Mr. Shaw said D. E. P. add alot of bidding pages to the documents (ie. boiler plate material) , etc. Mr. Mankey said there was a $1,500.00 price for reproduction in the contract. He said he spent an additional $270.00 for reproduction. Mr. Shaw said when we go out to bid a second time, therE will be additional costs. Mr. Mankey said there would probably be another $1,000. 0. Mr. Shaw said we may be talking about a maximum of $1,2 0.00. Mr. Mankey said not only has the reproduction costs been affected by the re-design, the insurance has also been affected, j t because of the passage of time. The policy was for one year starting in December and has subsequently been renewed. Mr. Markey said the performance insurance renewal was $1,906.00. Mr. Mankey said his estimate for re-design costs is $2, 00.00. Mr. Mankey said the agreement for performance insurance had been that normally the developers do not carry this kind of ' ce and that the Town agreed to pay the insurance in the amount of $ ,906.00. Mr. Mankey said the re-design is address in the contrac under ADDITIONAL SERVICES - 1.6.7 "Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enac t or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the ARCHITECT." Mr. Carino said it also says under.AFUICLE 3 - RFSPONSI ILITY FOR MODIFICATIONS IF COST ESTIMATE FI71TID - "The bidding process will be based upon the cost estimate of the ARCHITECT. If lowest qualified bidder bids a cost in excess of such cost es to and the i ` r -5- A 7n3=Y decides to reduce the scope and thereby the cost of the Project, the modifications of the design and specifications and cost estimate required for such reduction shall be the responsibility of the ARCMTEC`T at no additional charge." Mr. Marikey said John Parker of D. E. P. told Mr. Shaw and him that the reproduction costs were allowable and were a reimbursable expense. Mr. Markey said Mr. Parker said the insurance is in line. However, it is not reimbursable as far as D. E. P. is concerned. Mr. 4wLkey said as far as the re-design work, although D. E. P. doesn't usmlly consider this reimbursable, Mr. Parker told him to submit then essary information and he felt the 'Down had a good chance of being reimbursed. Discussion followed. Nam'. Lanza made a motion that the W. P. C. A. accept Mr. M nkey's additional re-design costs, not to exceed $2,200.00, as'well as the $270.00 reproduction over= costs that were incurred by Mr. Markey in the first bidding process, and that Mr. Markey is responsible to continue his present insurance and pay his renewal premium. Also the W. P. C. A. 's acceptance is contingent upon Mr. Markey submitting them a detailed bill in the total amount of $2,470.00. Mr. Alexander seconded the motion. Motion unanimously carried. (E) MXICN TO CO Ir= IVE SESSION TO DISCI7SS PENDI% CLAIMS Tabled. (F) ADJOUBNNENT Mr. Lanza made a motion to adjourn the meeting. Mr. lzarano seconded the motion. Motion unanimously carried. Meeting adjourned at 9:10 P. M. •z. Clerk Mark A. PeteL , Secretary �,towN ae,t� u 7-awn, 01je Sou� 1540 SULLIVAN AVENUE . SOUTH WINDSOR. CONN. 06074 ��soe•co AREA CODE 203/644-2511 April 8 , 1985 Harold R. Cummings, Esq. 1665 Ellington Road South Windsor, Ct. 06074 Dear Hal: Re: App. #1049 - JACAMA Associates Zone Change from RR to AA-30 Please be advised that the Planning and Zoning Commission voted to approve the above application for a zone change from; Rural Residential to AA-30 for approximately 33 acres located on the north side of Miller Road, west of Barber Hill Road, as shown on a map prepared by Page Engineering, Inc. , dated 1-10-85, Project No. 85-020. Within ninety (90) days from the date of approval (by July 1, 1985) you must submit a plot plan (1" = 401 ) showing the distance and bearings of all boundary lines and acreage of the land where the zone change was granted. It shall be drawn in accordance with the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors and submitted on a black and white mylar, together with three paper prints. The mylar will be signed and stamped by the Comnission and filed in the Town Clerk' s Office. The effective date of this zone change shall be the date the mylar is filed in the Town Clerk' s Office. Yours very truly, PLANNING & ZONING COMMISSION vg By: )114(, ' Ma hall Montana, Vice-Chair an CC: R. Martel, Town Engineer P. DeMallie, Planning Director _ T. D'Auria, Building Official -- � ' -- ' E. Belleville, Assessor $p, WINDSOR PLANNING DEPL Hartford County Soil and Water Conservation District 1101 KENNEDY ROAD ROOM 105B • WINDS OR, CT 06095 0 688-7725 September 24, 1985 TO: Jules E. Page, Page Engineering, Inc. 1750 Ellington Rd South Windsor CT 06074 FROM: Amy M. Parker, District Mgr, Hartford County Conservation District �. J. Eric Scherer Resource Conservationist, )4�i ist, USDA Soil t Conservation Sery ice RE: Propose plans for Blue Spruce Estates, Miller Rd, South Windsor The following comments/recommendations are based on plans dated 7/15/85. P'l ) D imens ions of the grave I entrance/ex it pad shou Id be spec I f led. 2) Hay bales and filter fabric should be indicated on the grading sheets. 3) Where areas are to be left bare up to 60 days, temporary seedings should be established. Permanent seedings should be Implemented for areas left open more than 60 days. When seeding is impossible, mulch at a rate of 2 tons/acre should be used. 4) Detention areas indicated in note 189 on sheet 11 of 12 should be delineated on final plans. 5) Detailed drawings for haybale and silt fence Installation should be on the plan sheets. 6) Limit of disturbance lines should be on final plans. 7) Proposed grading for roads and utilities is needed. Two soil types exist in the area of proposed construct Ion. Enfield silt loam 0-3% slopes, eroded (EsA2) and 3-8 percent slopes, eroded (EsB2) are deep well drained soils formed on terraces. They are highly erosive soils and extra precautionary measures may be needed to overcome this limitation. 'Manchester gravelly sandy loam, 3-1-5 percent slopes (MgC) is a deep, excessively drained soil also formed on terraces. When grading steep slopes, cuthanks may be a problem. The District is available, upon request, to review revised plans. If you hav any questions, please call . Bo t es, o 31Z,Mffbwn of South Windsor' ATTACHMENTS i r • � I -101 N 8 C44 1 Tlo-wn- ale S-OtdA qdzez� 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 r�osOe•co�� AREA CODE 203/644-2511 ctober 4 , 1985 Mr. John Moran Jr. , Chairman Inland Wetlands Agency/Conservation Commis ion Town of South Windsor Dear John: Re: Blue Spruce Estates Subdivision --""' Miller Road Application No . Enclosed is a copy of the report from Hart ord County Soil and Water Conservation District with regards t the E & S proposal . Their comments are appropriate for the pro osed subdivision. I might suggest more detail such as: 1. Show the loam stock pile. 2 . The soil , as indicated, is of an exces ively drained soil type; and considering the construction proposed, some thought should be given to a proper pr cedure to preserve sufficient top soil and subsoil to provide decent lawns in a gravel pit . 3 . Assuming that the road building and home building shall be two separate operations , show the limits of construction with some consideration to both operations. 4 . The site is covered with low brush and a few large trees . These trees should be located, and a real effort to preserve them should be indicated. 5 . The Engineering Department has a variation of the storm discharge structure. Perhaps someone from the Commission could look at the site. Very tru y yours , /30 A. Bowen Davies Deputy Town Engineer ABD/ml cc: Rick Martel Peter DeMallie Enclosure i 1540 SULLIVAN AVENUE SOUTH WI DSOR, CONN. 06074 Solt-co�� AREA CODE 2 3/644-2511 November 25, L985 Michael J. Lanza, Esq. Kuehn, Cavanaugh & Cummings, P. C. 1665 Ellington Road South Windsor, Ct. 06074 Dear Sir: Re: App. #1103 - Creative Development Corp. ( Blue Spruce Estates 1 — '�44 Please be advised that the Planning & Zoning ommission voted on November 19th to approve the above applicatioa for an open space subdivision in an AA-30 zone, for 21 lots located on the north side of Miller Road, west of Barber Hill Road, as shown on plans prepared by Page Engineering, Inc. , dated 7-1 -85, Project No. 85-020 , consisting of 12 pages, subject to the following modifi- cations: N 1. An open space improvement plan must be submitted to this Commission, and is subject to approval by this Commission. 2. Applicant must return to this Commission and address the sight- line where the proposed road will interse t with Miller Road, in order for this Commission to make a determination whether improvements to the intersection of Miller Road and the proposed Stonehenge Drive will be required. 3. Deeds for the roadways, open space; quit- laim deeds from the center-line of Miller Road and Barber Hill Road; Conserva- tion Easement along the rear of Lots #11, #12, #16 and #17; and Drainage Easements, must be submitted to this Commission prior to filing the final plans. They must be in accordance with the policy for accepting deeds and easements (attached) , and must be approved by the Engineering Department and Town Attorney. The deeds for the roadways and open space will be held in escrow until completion of the subdivision and then referred to the Town Council for acceptance. 4. Concrete sidewalks, built to Town specifications, shall be installed on both sides of all interior streets. 5. An overlay should be installed from �e�u}e Drive to Foster Road, subject to the approval of the Town Engineer. 6. The plans shall be modified as follows: a. The key map should show the abutting property owners; b. Sheet #4 should indicate monuments on Barber Hill and Miller Roads; Michael J. Lanza, Esq. -2- 11/25/85 C. the topographic map should indicate cul-de-sacs with a 42' radius; d. the minimum elevation for basement floors should be elevation 269; e. a knock-out for an extension on the westerly manhole on Karen Way should be supplied; f. the storm drainage rights-of-way shou d be noted that they are in favor of the Town of South Win sor; g. MDC coordinates should be supplied; h. a typical roadway section should be s own on the profile sheet. 7. Footing drains will be required for each ouse. Prior to the building of any structure on a lot, a top graphic map, drawn to a scale of 1" = 40 ' , shall be submittel for each lot in the subdivision, showing proposed contours, e evations and the location of the footing drains. No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer. 8. Drainage for the subdivision is subject to the approval of the Town Engineer. 9. 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 issuance of a Certificate of Occupancy. 10. All lots must be connected to the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority. 11. Water shall be supplied to this subdivisi n by Connecticut Water Company. 12. Street lighting shall be installed at intersections and on cul-de-sacs in accordance with the policy established by the Town Manager (copy attached) . 13. Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor, at no expense to the Town. 14. Quantity estimates must be submitted to the Town Engineer for the purpose of determining subdivision bonding, and all bonds shall be posted prior to filing the plans. A bond, in an amount to be determined by the Inland Wetlands Agency/Conservation Commission, to ensure implementation of all erosion and sediment control measures, shall be submitted to this Commission prior to commencement of any site work, in accordance with Section 4. 13. 6 of the Zoning Regulations. In the event the Commission votes to accept a Letter of Credit for a one year term in lieu of a surety bond, said Letter of Michael J. Lanza, Esq. -3- 11/25/85 Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date, the Commission may, at its option, call the Letter of Credit it is holding. 15. A drainage assessment fee in the amount cf $1,050 shall be submitted to this Commission. 16. A liability insurance policy shall be su mitted to this Commis- sion naming the Town of South Windsor as an insured, with a combined single limit for bodily injuryand/or property damage in the amount of $1,000,000. 17. No building permits will be issued until all conditions of approval have been complied with, and thE final plans have been filed in the Town Clerk' s Office. 18. This approval is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission. 19. Prior to commencement of any site work, a meeting must be held 7-� ?� with Town Staff. Black and white transparent mylars of Sheets 2 , 3, 4, 5, 6 , 7 and 8, together with three paper prints of the entirE set of plans with the above modifications, must be submitted to thiE 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 mylars. The mylars will be filed in the Town Clerk' s Office after they have been stamped and signed. Yours very truly, PLANNI, & Z NING COMMISSION 9 vg By encs. Robert F. Gilligan, ChAirman CC: R. Martel, Town Engineer P. DeMallie, Planning Director T. D'Auria, Building Official E. Belleville, Assessor W. Lanning, Fire Marshal Water Pollution Control Authority Inland Wetlands Agency/Conservation Commission M E M O R A N D U M January 3, 1986 TO: C. F. Shaw, Superintendent of Pollution Control RE: PROPOSED SANITARY SEWERS -BLUE SPRUCE ESTATES) I have reviewed the design of the proposed sanitary sewers as shown -on' plans prepared by Page Engineering, Inc. , pages 6 , 7 , and 9 , entitled Blue Spruce Estates, A AA-30 Open Space Subdivision, project 85-020, 7-15-85 , 1"=40 ' . The proposed sanitary sewers meet or exceed all Town standards and specifications. I would recommend that a knock-out be provided on the westerly side of MH #9 on Karen way. Richard P. Martel,, P. . & L.S. Town Engineer RPM:bmr cc: R. Gilligan, Chairman, Planning & Zoning P. DeMallie, Director of Planning ki"�sr j,.• POLICE DEPARTMENT a To�� ale S-ot� ?d&7,d40& POLICE , 151 SAND HILL ROAD • SOUTH WINDSOR, CONN. 060 4-2784 �,� ' AREA CODE 203/644-2551 '>` William R. Ryan-Chief January 7, 1986 Mr. Robert Gilligan, Chairman Planning & Zoning Committee Town of South Windsor Dear Sir: This is to advise that I have had the opportimity to visit and view the questioned site line as the proposed Stonehenge Drive is planned to intersect with Miller Road, and wish to offer my comments. Driving westerly on Miller Road, I view the r d ribbon marker, the projected center of the new roadway, clearly a a distance of over five hundred feet (500') , meeting the required eng eering standards I believe. Looking easterly from the red ribbon marker, up Miller Road, the same satisfactory site line exists. Granted, the entire proposal does not meet al the "idealistic" engineering standards that would eliminate any que tions, but the area from a standpoint of public safety is accepta le. As the Town's traffic authority, I would requ re the proper posting of warning signs in both directions to adv se motorists,on Miller. Road of the intersection, as well as double line the roadway, through the. intersection, for the prescribed measu ement to create a.no, passings zone. if. T. cam be of any further, service to you or he Commission,, please feel free to: contact me at pour convenience. Sincerely, Willi . Ryan WRR:eoc Chief of Police s - . - - "�rL,.�s s;'�F`'it�'''C,:.^•-_.,' r>- :.y+,.���```',y'a�Sr'' .`s6•,_�'ia� ,�+• -.;,• . .. _' _ - F•' ..a, e 1" .r' v.4 ti x' `vvF'r� y i. Qn:d°M�•% '�,>.�1 W�r.',`.. .. _ t _ ,,. ..:, '�^wi�:_ +.aV r r .k. -fir" y^ `�" - =a,r ,,aag�„�.;.1^� ;};r.w::"';t;,.;y. '�.-='7'x ,.h. _,;�+,+S •.. .. p ` M. � '}' ! h,Si G�.�'_•T.=, ;.- f •'!. w\{%v :t`�LL"fii '- a.• ^5 A4�y fi Nk,'il' .}: c. 4. ' ° ;f � �}�, r P"�"i r`8.',''rx w.SM .'""�,d�{p.,n '�j„i!'n�vy ,'•'S`��,, y�!•t�. 1 ` � ya.;�' airy,` ^' ^.✓� ;w` v (?•" '.,, jy=`-'t ro=y. ,. •T ..,- V d,.�, y,';•`x ti: C* ~zsii;*y ,x Fe • < -„ rz. ° :i' ]dpr'�' 'v 1`4''i.'�"'4r n as$�'•s„ ' ctr;�h. ws" �`-_�.}a sw. :_ - y ,. <,/Wem0 from TOWN OF SOUTH WINDS OR TOWN HALL SOUTH WINDSOR, CONN. 06074 TO DATE 1�22�86 Richard Martel, Town Engineer Peter DeMallie, Planning Director SUBJECT: App. #110,3 Blue Spruce Estates (Creative Development Corp. ) FOLD- The Planning & Zoning Commission discussed item #2 in the approval letter at its January 21st meeting. They agreed that sight-line was adequate on Miller Road where the proposed road will intersect with Miller. Therefore, the applicant has complied with Item #2 in the approval letter. attach. CC: Joseph Schick By-Ginny Grane , Sec. PLANNING & ZONING COMMISSION � s ' a f w M SCE d 1540 SULLIVAN AVENUE • SOUTH W NDSOR, CONN. 06074 l�oso 1-co AREA CODE 03/644-2511 July 14, 1986 Mr. Joseph Schick C/O Creative Development Corp. 25 Oakland Rd. South Windsor, Ct 06074 RE: Blue Spruce Estates Dear Mr. Schick: It was indicated at the pre-j-ob- meeti- a to locate an on site stump dump for the stumps from Blue Spruce Estate have asked a number of times that off site stu ps not be ed here. This practice is still going on. 1 . A recommendation for an extension of the IW /CC permit will not be granted. 2. Building permits will not be processed. 3. All the stumps will have to be removed with verification. 4. You are not in compliance with the $10, 000 conservation bond requirements. You will no doubt have questions. I can be contacted at 644-2511 Ext. 244 . Very truly yours, 3 A. B. Davies Deputj Town Engineer ABD:dlb CC: Richard Martel, Town Engineer Marcia Banach, Director of Plannin John M. Moran, Chairman, IWA/CC IWA/CC file 0'08�ORCFO 1540 SULLIVAN AVENUE SOUTH WI DSOR. CONN. 06074 7-awn ate S-Ott& ?dbu&ot AREA CODE 03/644-2511 October 24, 1986 Mr. Joseph Schick C/O Creative Development Corp. 25 Oakland Rd. South Windsor, Ct 06074 RE: Blue Spruce Estates Open Space Improvement Plan Dear Mr. Schick: This letter will confirm our mutual agreement that open space for the Blue Spruce Estates Subdivision should be left in a completely natural state with no improvements. Thus an open space improvement plan is not necessary. If you have any questions, or if I can be of further asssitance, please do not hesitate to contact me. Sincerely Marcia A. Banach Director of Planning MAB:dlb CC: A. B. Davies, Deputy Town Engineer y t- o � C V -aWf-2, 0-/?S-G�� w� 1540 SULLIVAN AVENUE • SOUTH WI DSOR, CONN. 06074 f�pSolt-CO AREA CODE 03/644-2511 November 13 , 1986 Allied Builders CERTIFIED MAIL 65 Louis Street Newington, Ct 0�1-1 --- --- - RE: Bj a Spruce Estates-_ Subdivis ion - Applic tion #3 4 6 Permit Extension Gentlemen: At the November 10 , 1986 meeting, the South Windsor Inland Wetlands Agency/Conservation Commission approved a one year extension for the above mentioned application. The extension becomes effective November 18 , 1986 with an expiration ' date of November 18 , 1987. All original conditions of this permit apply. Very tru y yours , John M. oran, Jr. , C�Ya' rman Inland Wetlands Age�Y- i Conservation Commission Town of South Windsor JMM:dlb CC: A. B. Davies , Deputy Town Engineer Richard Martel, Town Engineer Marcia Banach, Director of Planning,/ Louise Evans, ,.Chairman, Planning & Zoning Commission Creative Development, Joe Schick Allied Builders Adrian July 20, 1987 17 Karen Way Punch List July 20, 1987 1 . Grounds r s A decision must be made concerning the water problem which i continues to be a problem in the basement. As you are aware the slope of the land and improper drainage in the back of the house appears to be the major cause of this -problem. You stated E on Tuesday July 14, 1987 that Allied was seeking bids on the installation of drains and grading of the slope. This 'also is present in the front ylard, but to a lesser egree. The front has a problem with the level of the ground, especially- in accord with the sidewalk and the driveway which are higher, thus i causing drainage toward the house and creating a pooling effect. ! We are unsure what work to begin on the lan scaping since it a� is our belief that the corrections will cause major disrup- tions in the -lawn, etc. r -We also believe that the final landscaping has not been completed because of the planned work for the drainage. The installation of the ' island' of scrubs and bushes found at all homesites at Blue Spruce should not be installed until. after all drainage repairs are completed. Decisi ns must be made for general lawn care that require some understanding as to when the drainage problem will be corrected. 2. Basement The standing water has caused a great of mildew and e the beginnings of mold build-up. This neec c be addressed to correct the odor and damage that may occ r to stored goods. ' . F 3. External Problems a.Broken board in rear of house needs r placement and re-painting b.Additional chi-ps need to be added as Beds and dirt-are obvious throughout this area K c.Garage doors need painting to clean a eas of tar and house paint d.Screens need to be installed in the living room, laundry room, garage(one) , back bedroom, kitchen(eight) e.Several shingles are missing on the roof t page 2 - I 4 . Garage The floor in the needs to be cleaned of cement, etc, garage � and washed or painted to prevent the continued accumulation of dust that is being tracked throughout the house and driveway. 5. Porch Although you have placed several loads.,-of dirt under the porch, which we assume was done as part oflthe water problem, there is a great deal of debris and building materials under the porch that needs to be cleaned out. 6. Laundry Area Walls need to be cleaned or re-painted 7. Family Room I a. French door inserts are continuously falling out and one door insert has not been painted b. Locks for the French door (left side) are bent and do not open or close properly c. French doors need to be cleaned of excess paint and have paint put on area left unpainted d. Windows inserts (grills) need to be installed and windows are very difficult to open e.Wall area by plug on back wall v2s poorly repaired and has left a spongy and rough area 8. Kitchen a.Hanging cabinet on right side was never finished off on the bottom. Extra molding is in the garage b Painting-was not completed behind the refrigerator _ c.The area under the two half walls need to be spackled and re-painted d.Sofit needs to be installed over the sink between the two _ cabinet areas e.Appliance caddy needs to be installed f .Repairs need to be made to the boarder at the bottom of the cabinets at floor level to finish the material now there and the gap under the sink area needs to be fill page 3 g . Wall area near the ceiling, especially over the cabinets in the corners need to be re-painted to clear them of ceiling paint 9. Small hallway this area needs to be painted 10. Bathroom (downstairs) this room needs 'to be painted 11 . Back bedroom (first floor) window on right side will not go up or stay up, it appears as if this window was not installed on tracks correctly 12 . Living Room Insert in window needs to be painted 'iand stained. as it has been installed and left natural 13. Foyer a. Needs to be painted b. Stairs need to be finished and sealed c. Area above the two has paper wrap that was not trimmed away 14. Dining Room There is still a broken window on the upper right side and the large bay window needs to be checked for a gouge or scratch 15. Bedroom (right ) All around windows there are dirty finger marks that will not wash off 16. Bedroom (left) There are several area where the paint has been scraped off by tools or ladders page 9 17 . Master Bath a . Room needs to be painted to clean off stain from wood- work and scrapes b. Molding need to be installed where missing and stained where left natural c. Access panel to plumbing for shower needs to be finished where repair was left d . Ceiling over shower needs to painted as green wallboard is exposed in several area 18. Proper light needs to be installed in upstairs ,hall . The cellar light was placed there and the light marked upstairs hall was returned to us 19, The access panel to the attic area was not painted white to blend in with the ceiling texture 20. Two items in general seem to be a problem throughout the house and some attention needs to be given to them; 1 . All the radiators are either stained with Oaint or woodwork stain and the radiators in the bathrooms have grout under them 2. Almost all of the woodwork has paint stain$ or streaks on it that were never wiped or cleaned 21 . The stairs to the basement have many areas of h4rdened cement and the ceiling needs to be painted. The basement has multiple areas of rust from the support post that have been subject to the standing water leaving the floor very unsightly. The continued growth of mold has caused black spots on vood areas and is growing upward on the framing around the cellar 'hatch door. 22 . The water tank damage is to be replaced by the , haeting contractor as he stated that product inferiority -has , caueed this and that the units of this type are to be replaced in the three homes in which they were installed and that this product is nc longer being used . ` page 5 23 . Closet Door The closet doors in the hallway downstairs and the bedrooms are very rough and the bedroom doors often snag clothing as it is placed into or removed from the closets. It would seem as if the doors and the closets were not sanded but stained over the rough wood. 24 . Woodwork The woodwork has been sealed haphazardly or not sealed at all . This is inconsistent and may only be one or two walls in a given room or area Adrian: Per your request of July 14 , 1987 we are submitting a new punch listing of the items needing repair in the house and lot at 17 Karen Way. We hope that you will begin these repairs as soon as possible when consideration can be given to the serious nature of the drainage problem. As we are sure you realize that the completion of the home next to us will increase the problem due to his elevation and the slope of his land. This is particularily of concern as rainy weather will be upon us before a lawn', can take hold and prevent even greater runoff from this lot into our area. Please have your workmen aware of the cat and that doors may not be left open and that access to the cellar must be left open. If you need to open the hatch for any time let us know' in advance so that arrangements can be made. The cat may not be outside at all and attention must be paid to accidental access to areas out of the house. Most generally when workers will be in the house he will be hidden and will not be seen or be of concern. Let us know if you need any help from us or other arrangements which-will aid you or your workers in completing this 'work. Many of the window inserts (grills) can be found in th''e garage as they fell out of windows Some of the ones in the garage are broken and were left there from the first day we moved! in as are the- broken screens . Thank you for your attention and considerations of this matter. July 22, 1987 James Throve, Esquire 33 Connecticut Blvd. East Hartford, CT 06118 Kathryn Giglio & Patricia Anastasio Fe: Property 17 Karen Way 17 Karen Way South Windsor South Windsor, CT 06074 Dear Attorney Throwe: Enclosed please see a letter and revised 'punch list' given to th{e construc- tion foreman for Allied Builders upon his request. Adrian had as�e for an updated listing as he stated he could not ascertain what had been, ccapleted by a former employee and what had not. Since only three of the listed thirty- seven items had been addressed it would not have seemed a difficult task. Since the date of the original conversation, July 14, there appears to be sane confusion again concerning the drainage problem. On July 21, Adrian stated that he wasn't aware that any problems still exsisted regarding the basement and that the causing to the hatch area had fixed this. iThis does not make any sense when a week earlier he was "going out to bid" to correct the problem. Adrian also said he thought we stated that we had a dehumidifier unit and everything was fine. We cannot etphasi.s to you bow many times we have been over this problem with Adrian, including his stating that Allied had a unit on site and that he would be installing it in the basement. We now have substantial mold throughout the basement and it is now growing on the stairs leading into the kitchen area. The odor of mildew and mold are quite heavy in the kitchen area of the house. Items left in the basement have been ruined and storage boxes are in various stages of rot from the accunilated moisture. The engineering firm suggested by your office declined to inspect our here as they had been involved with Allied Builders (Uni.cond) in the Past and felt a conflict of interest may arise. They 110wver, reeamnende4 the firm of A. R. Assoc., Inc. of Vernon. Graham Curtis of that firm came to the house on July 61 1987, and related that the problem stemed fran the level that the home had been placed at, inproper drainage caused by the slope of the land and the lack of drains causing all drainage toward and into the house rather than away. Mr. 01rtis stated that this problem will be increased threefold when the home to the right, on lot #8 is oatpleted, as the house and property are three to four feet higher than ours. All drainage frcm this lot will enter our at and flow directly to the house. A number of remedies were suggested, all of which would be necessary to totally correct the problem. Similiar problems exist in the front of the . 1 Page 2 house and corrections will have to occur there also. Mr. Curtis also ,felt that a good deal of fill would be necessary in the back and front. The front will also need build-up to correct the sidewalk-yard area, where the walk is eight to tweleve inches above the land so that the base of the walk is exposed and allows underage damage and forces water toward the house. To date we have not received his written report. On July 14, 1987, when Adrian spoke about the water in the basement he then stated that they had figured out what was wrong and how to correct the problem but it was sanething that had to go out to bid. Adrian then stated the problem in the exact terms used by Mr. Curtis and the same repairs were needed (included in his statements was the exact drainage system needed, etc.) . While we draw no conclusions from these two unique sources, one may think some discussions could have taken place. The written report is now overdue. No billing had been received either. It seems incredible that we are still vascilating about this problem and the water in the basement is still there, as we approach our eighth week. We have never had a single day where there has not been water in the basement. Mold grows everywhere. Mildew abounds. Repeated calls to the tam go unreturned or prcanises made to look into the problem never materialize. Allied's President, David Stoner, has now approached the town for a permit to construct about thirty more homes. Little work has been done on the original punch list and the expiration of the sixty day time limit set at closing on May 28th is quickly approaching. Adrian now states that his employee who works cn punch lists will be away until July 28th, which is the day that the time limit expires. Work is set to begin then, although we do not know what or what schedule is being arranged. We do not know if any penalty is attached to their failure to complete the punch list or if a penalty even is realistic. This all has been an incredible experience. We still do not have screens installed in three room. Originally the screens were lost, then damaged, then re-ordered, then they arrived in the wrong color and are now re-ordered. Screens in July seem a necessity, especially when the builder "forgot" the wiring and plumbing to install the central air conditioning. What can we do or should we do to correct this matter and add soave concern for timing of these repairs? Everyday it does not rain has became a blessing and any forecast of rain means even more water, mold, mildew, odor and rotted materials. Please contact us at your eonvienee to let us know what needs to be done. If the report from Mr. Curtis is received we will forward this to your office imnediately. Thank you, Kathryn Giglio ' Patricia Anastasio LEONE, TIMOWE, TTELLEB & NAGLE ATTORNEYS AT LAW ALVIN C. LEONE 33 CONNECTICUT BOULEVARD (1910-1986) POST OFFICE BOX 8225 JAMES H. THROWE EAST HARTFORD, CONNECTICUT 06 1 08-06 2 5 SAMUEL H.TELLER JOHN F. NAGLE TELEPHONE 528-2145 WILLIAM A. LEONE FRANK A. LEONE July 24,1 987 Louise Evans, Chairman TOWN OF SOUTH WINDSOR Planning and Zoning Commission Town Hall Sullivan Avenue South Windsor, CT 06074 Dear Louise: Enclosed please find a letter I received from Miss Giglio and Miss Anastasio concerning the house which they bought on Karen Way from Allied Builders. It is an absolutely disaster. Someone in the Building Department should do something about this, particularly since this builder is looking for more homes in the area and what they have done to these two women borders on "criminal" . I will be away until August 10, 1987 but would like to riscuss this with someone from the Planning and Zoning or Building Department. Very truly yours, JAMES H. THROWE � JI�T:day nc. cc: K. Giglio & P. Anastasio 1987 th WinrJ Planning & Zon, CREATIVE DEVELOPMENT GROUP,INC., 25 Oakland Road/South Windsor, Ct. 06074 (203) 644-0117 July 28, 1987 f South Windsor Planning & Zoning Commission South Windsor Town Hally South Windsor, Ct 06074 ; RE: Bond RedTic ion tanning & Zoning Commission '-tlue Spruce Estate Gentlemen: Kindly include us on your next agenda if possible for a bond reduction on the above mentioned project. The sidewalks are being installed and we request a reduction for work completed. Thank You Sincerely, Joseph P. Schick JPS:rt cc: Mitchell Trucking t wN "44 y r71tw— zottlO-P S-OtdA 6 /I�. 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 4l��soR-C . . AREA CODE 203/644-2511 M E M O R A N D U M TO: Louise Evans , Chairman , Planning & Zoning Commission FROM: Marcia A . Banach, Director of Planning ,. RE: Attached letter from A_ttorney _ Throwe re: 17 Karen Way (Blue Spruce Estates DATE : September 22 , 1987 Attached correspondence discusses many items which the homeowners find unsatisfactory. The only item over which PZC has jurisdiction is grading around the house such that runoff flows away , from the foundation . Rick Martel and I did inspect the property , and Rick indicated that the grading immediately around the house meets Town standards for issuance of a certificate of occupancy. A copy of the attached correspondence was forwarded to Tom D' Auria , Chief Building Official , also . CC: Attorney J . Throwe 1 4011% at,,( .4 r 074eS �. C � G� s v 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 4��osoR•c AREA CODE 203/644-2511 September 25 . 1987 Creative Development Group 25 Oakland Road South Windsor , CT 06074 Attn : Joseph P . Schick RE: Bond Reductions Blue Spruce Estates Dear Sir : Please be advised that the Planning & Zoning Commission voted on Sept 22 , 1987 to reduce the bond for Blue Spruce Estates from $75 , 000 to $50 , 000 . Kindly make arrangements to reduce the amount by $25 , 000 to $50, 000. Your prompt attention to this matter will be greatly appreciated. Very truly yours , PLANNING & ZONING COMMISSION Louis C. Evans Chairman • rt C � 7- O-P Saum � GJ �v 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R•CO AREA CODE 203/644-2511 December 8, 1987 Creative Development Group , Inc . 25 Oakland Rd . South Windsor , CT 06074 re : Bond Reduction Blue Spruce Estates Dear Mr . Schick: At the recommendation of the Inland Wetlands Agency/Conservation Commission , the Planning and Zo-ning Commission voted during its November 24 , 1987 meeting to release the IWA/CC Bond on Blue Spruce Estates in the amount of $10, 000. Please make arrangements to have this bond picked up at the Planning Department at your earliest convenience. Your cooperation will be greatly appreciated . Very truly yours, PLANNING AND ZONING COMMISSION Raymond F. Hallowell , Jr . Chairman cc : ,--M. Banach , Director of Planning PZC File Engineering Department y 0 0-je s �. s 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 so co` AREA CODE 203/644-2511 M E M N D U M March 4, 1988 TO: Michael J. Gantick, Director of Public Works FROM: A. Bowen Davies, Deputy Town Engineer RE: INSPECTION OF BLUE SPRUCE An inspection of the above subdivision showed the following: 1. No sidewalk at Lot 21, 60' on Lot 6 and the balance of 7 around cul-de-sac. 2 . Standing water on Lots 1 & 2 (not the road) . 3 . Bird baths at Lot 5, west end of Karen on Hearthstone - 25' north of CB at Blueberry, 22 Hearthstone between CB & drive, South of 22, between 22 & 14 and at mailbox 19 Hearthstone. 4 . 3 or 4' snow shelf at both ends of Karen. 5 . Verify the sidewalk locations at the intersections . They appear to encroach. 6 . Needs a certification that the 4" of topsoil in the snow shelf complies with DOT spec's. 7-. House numbers to Town ordinance. 8 . The conservation easement for Lots 11, 12, 16 & 17 have not been submitted per PZC approval 11-25-85. 9 . A real location of the outlet structures and a resulution of the water problem on Miller. 10 . As-built drawings M.S. & I.P. 's etc. Monument Barber Hill Road & Open Space. 11. Open space improvement plan? Bond reductions - October 30, 1986 - $140,00_G`-to--'$90 j-000 December 81 1986 - $ 90,000 to $75,000 September 25, 1987 - $ 75,000 to $50,000 December 81 1987 - $10,000 IWA/CC released PZC records indicate $85,000 (?) Cr?EcA7 V_E A EV:-!nPV 25 /SoL:,"'i WrCS0, Ct. C6074 12n'; 644-0 117 4/26/88 Minutes of Meeting RE : Mountain Laurel and Blue So ruce Moun lain Laure'_ ? . Retention Pond; dark stain to be investi^ated and reproved 2 . Dead trees to be replaced 3 . Re-s_o_ee one of t_ze sidewa_l?s in the retention pond 4 . Gardner s Petersen to furnish a drzwinc for the Pine going to Felt Road 5 . Area of road where track vehicle was dr. iven to be reviewed Bl ua% Sorg:ce ? . Mel Stead to be contacted regareinc Lot 421 2 . Hanc?i ca^ ramps to be in>tal ed 3 . Punch 1-st to be orovi ded by town 4 . Barber Hill Road to be checked for dumping by the adjacent iOt• owner 5 . Lots 9 & 10 - work to be comp_'_eted as per Meg. Stoner "s suvicestion 6 . Conservation easements to be provided by Tina Osborne 7 . A -bui Its to be --*-.-,rnis�e�? s}�ow nc- c*iance __n radius at cul-de-sac, whIi.ch was annroved by town CC : Mike Gantic Mel Stoner Bi?+y Mitchell Robert Sher'_Uan tDenni`i Movnihan APR r • Two dSLW �, aoc ' �ztsK .__ �»�. ��/� ~= " ' MEMORANDUM April 28, 198B ^ TO: Pile RE: Meeting Abbe RoAg. F. C!�—— CL _._ @o Davies, Les Braddock , Mel Stead, Bill Mitchell and Lloyd Folsom met on the site to discuss the pavement completion for Abbe Road Estates. It was agreed to do the following: ^ 1 . Grind up the pavement in Abbe Road, curb to curb from the southern end of the machine curb on the east side, northerly to beyond the fire hydrant north of Haystack. 2. Replace sewer manhole in Abbe Road. 3. Pave in two lifts, a total of 3" of bituminous concrete in Abbe Road. 4. Cut around water shut cxff with neat square cuts and pave before overlay of Cornfield and Haystack. 5. Cut and remove pavement in settled areas of Cornfield and Haystack. 6. Grind up the pavement in Haystack from Abbe Road east to 3^ before first driveway. Remove what is necessary to make grade, then patch before overlay. 7. Blue Spruce on Miller first lot east side of Hearthstone. A large puddle forms here when it rains. Agreement to install catch basin with sump in low spot just off pavement. Pipe easterly and northerly to lawn open space under power lines and install ax 1 ,000 gallon leaching gallery Surrounded with stone and filter fabric. [hey have set June I as a tentative paving date and they wili speak to the Police Chief about closing Abbe Road during the grinding operation prior to beginning" . . «��, Mel Stead` � . ' . ' 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 AREA CODE 203/644-2511 SOR•C0 April 29, 1988 Mr. Joseph Schick Creative Development Group, Inc. 25 Oakland Road South Windsor, CT 06074 Dear Sir: Please be advised that the Planning and Zoning Commission voted on April 19 1988, not to reduce the subdivision bond for Blue Spruce Estates . Please check with Michael Gantick, Director of Public Works to inquire about work not completed in the subdivision. Very truly yours, PLANNING AND ZONING COMMISSION � (/4 (am`) Raymond F. Hallowell, Jr. Chairman ml cc: Michael Gantick, Director of Public Works Marcia Banach, Director of Planning .._.__.. -•' -- -- ,.._ _ _ -•-...... ..:-- ?+r!�.'=cw.��s;t�^ _, it - - Marcia - Mike OSBORNE, ROSENTHAL & HARVEY A TTORNEYS A T LA W 302 West Main Street Suite 102 Avon, Connecticut 06001 Jan Carol Rosenthal (203) 677-4665 Tina L.Osborne Elton B. Harvey, III 'Al%o AJmiiied in New Vorl, May 2. 1988 Ralph Alexander, Esq. Brady, Willard & Alexander 303 Burnside Avenue East Hartford, Ct 06108 _ } . R : Conservation Easement -<` ue Spruce Estate So Dear Ralph, Reference 'is hereby made to my letter of April 11, 1988. My client has asked that 1 again contact you because the Town Engineer has requested the location of the Conservation Easement b shown on our as_ built plans. I have instructed the surveyor to hold 40 feet from the rear property line as the Conservation Easement area. However, we do not have signed Conservation Easements at this point and will not have said easements until we receive aresponse to my April . llth letter. As you will recall, the question arose concerning any affirmative duty on the part of the Grantors of said easements to maintain the easement area. one other potential solution presents itself. The original easement was executed on May 30, 1986 and deposited with the Town Planner as part of the subdivision process. insthe Land Records, Conservation Easement has never been filed r ference is made to a conservation note in the Subdivision map. Rather than chase subsequent purchasers for a new Conservation Easement, we may want to consider attachingarevised and the clarified Schedule A to the Conservation Easement, approval of the original Grantor, Robert J. Sheriden. � 5 Thank you for giving this matter your attention. Very truly your MAY 5 ,. Elto arvey, III �► tag+ EBH/bb °s �o C cc: ,D er 1 III pt au Davies �ItowN a ,`� y Q Tia 0-ye Sau� ?O&U&ot o e �f , 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �psoR•CO AREA CODE 203/644-2511 M E M O R A N D U M May 20, 1988 TO: Planning & Zoning Commission F A Bowen Davies Deputy Town Engineer ✓� FROM: , p y g RE: BLUE SPRUCE LANDSCAPING BONDS The Landscaping Bonds for Lots 12, 18 & 21 could be released per request. ABD.jsv cc: Michael J. Gantick, Director of Public Works tow N at4� Q 710�C t- 0�-p e v- 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 �i • �`" aco AREA CODE 203/644-2511 ~�soy' August 31, 1988 Mr. Raymond C. Derench Director of Customer Service Stoner Group 65 Louis Street .Newington, CT 06111 RE: Bond Release -/Blue Spruce Estates, .10ts 9 & 10 D ar Mr. Derench: Th Town of South Windsor has been holding a $2j,t00 bond to a backyard assure the installation of a private drain to drainage problem on Lots 9 & 10 in the Blue Spruce Subdivision. ubdivisivate n.As This has been done and the been filed ringng he Te app own Clerkars s office, soon as a mylar copy has this bond shall be released. Very truly yours, A. Bowen Davies Deputy Town Engineer ABD/jsv cc: Michael J. Gantick, Director of Public Wor Marcia A. Banach, Director of Planning �4 wN at ,`� O � s - -- --1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 = �fi R•Co AREA CODE 203/644-2511 September 2, 1988 Elton B. Harvey, III Osborne, Rosenthal & Harvey 302 West Main Street, Suite 102 Avon, CT 06001 RE: Conservation Easement - Bl _ Sruce Estates Lots 17, 11, 16 —•----------_._.___._____._- Y Dear Attorney Harvey: The developer of the Blue Spruce Subdivision has completed most of the items required for the acceptance of the subdivision improvements and it is conceivable that they will be looking for a return of their bond in the near future. Without the conservation easements on file, it would seem inappropriate for the bond to be released. •The obligation of the Town is to review the submittal, not to negotiate them. As soon as you have the signed easements on file, we will process the street acceptance. Very truly yours, _ r Bowen Davies Deputy Town Engineer - ABD/jsv cc: Ralph Alexander, Esquire George Welch, Esquire Wayne Christopher Gerlt, Esquire John D. LaBelle, Jr. , Esquire David Stoner _ Michael J. Gantick, Director of Public Works Marcia A. Banach, Director of Planning ve' �Ao,MN sf,`� C U ap �. v 1540 SULLIVAN AVENUE .-SOUTH WINDSOR. CONN. 06074 0e•co�'�� AREA CODE 203/644-2511 September 16 , 1988 J � Atty. William Pease Mallway P.O. Box 544 Simsbury, CT 06070 Dear Atty. Pease: We are in reciept of your letter dated September been forwarded to the writing to inform you that your request s Town's Public Works Department where bond reductions are evaluated. As soon as we receive their report, we will place it on the earliest possible agenda for the Planning And Zoning Commission action. Thank you for your patience in this process . Very truly yours, Marcia A. Banach Director of Planning cc: Joseph Bouffard ml Old" d�,( 1 01 � 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 ��osaIt co�r AREA CODE 203/644-2511 M E M O R A N D U M September 23, 1988 TO: Michael J. Gantick, Director of Public Works FROM: A. Bowen Davies Deputy En P Y Town Engineerineer RE: BLUE SPRUCE ESTATES INSPECTION 1 . We are still waiting for the as-builts 4 .13 .10. 2 . Per the PZC approval letter 11-25-85, building permits and certificates of occupancy were approved with assumptions, not per condition #17 . It was assumed items involving the open space plan and the conservation easement documents were to be submitted, ASAP, prior to house construction, early 1986. We still don't have them. 3 . There are two dips in the pavement, at Foster Street & Hearthstone Drive that weren't there prior to construction. At the 25 or 30 MPH speed, they are obvious . 4 . The catchbasins should be cleaned. ABD/jsv cc: Blue Spruce File MITCHELL TRUCKING, INC. 00 aR00 SST D- P.O.BgoC W L� SOUTH-WINDSOR.VoNNECTICUT 06074 f (203)is-"31 (p� NOV I 198P South Windsor Planning & Zoning Commission November 15, 1988 T/South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 ATT: Mr. Michael Gantick, Director of Public Works RE: CORRECTIVE WORK TO BE COMPLETED AT _MILLER RD AT FOSTER ST EXT. Dear Mr. Gantick: As outlined in your letter of October 24, 1988, this is to notify the Town that the necessary corrective work at the above-captioned location has been completed. Mel Stead and myself met at the site and on November 12, 1988 the work was completed in accordance with Mr. Stead' s specifications. • If you should require further information, kindly contact me at 528-4431. Sincere , ttiil m Mitchell President WM/Joy (::� I cc: Mel Stead, Supt. Street Services Bonding Company Planning & Zoning Commission File copy Bo Davies, Asst. Town Engineer Creative Development �A(3 IO,MN SEq( Gn C , Tiov� 0710Saa� V&U/Aiat C w` 1540 SULLIVAN P,WENUE • SOUTH WINDSOR. CONN. 06074 R•CO� / AREA CODE 203 644-2511 l��SO November 16, 1988 Mr. Dennis Moynihan Creative Development Group, Inc. 25 Oakland Road South Windsor, CT 06074 RE: Blue Spruce "As Built" plans Dear Mr. Moynihan: 'a This is to acknowledge receipt of the above noted plans, dated October 18 , 1988 . With any subdivision approval, as with yours in November of 1985, there are usually conditions imposed which might be special or over and above the basic items covered in the regulations . Generally the "As Built" plans should reflect a summary of all the improvements made to the site per your proposed plan including the PZC items. The plans submitted are incomplete and should be modified. I am enclosing a copy of the PZC letter of approval and Section 4. 5 "As Built" drawings from the subdivision regulations for your guidance. I reviewed the plans submitted and with some field inspection, there are a few items that should be shown or addressed, such as: 1 . In the initial construction phase, a "stump dump" was located on 16 , I believe. To avoid finding it with a potential pool installation, it should be shown on this plan. 2 . You had to bring sewers and water to the site. Some of the excavation for the sanitary sewer in Miller Road was down about 18 ' and now with gas and water lines either side of it, it is important that their location be shown to the accuracy per Section 4.5. I am especially concerned about any "T's" , chimney's or laterals. 3 . The approved Blue Spruce plans called for the storm water drainage discharge to be installed in the center of the easements on Lots 11 & 16. It appears not to be as proposed in either situation, to the extent that the storm line encroaches on Lot 16 , outside the easement limits. This will have to be addressed as soon as possible. Mr. Dennis Moynihan November 16, 1988 4 . It would seem that a current Certificate of Insurance should be submitted for our files . In light of the above, it would appear inappropriate to recommend a modification in the bond status or street acceptance until these issues have been addressed. When the modifications have been made, please resubmit. Very truly yours, 7v A. Bowen Davies Deputy Town Engineer ABD/jsv Enclosure cc: Michael J. Gantick, Director of Public Works Marcia A. Banach, Director of Planning PZC File Project File t <0w N s f, U O-Ps ?d&U&Ot C _ Av 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 v SOR•CO� AREA CODE 203/644-2511 � January 12, 1989 Creative Development Group Inc. 25 Oakland Road South Windsor, CT 06074 Dear Sirs: Re: $11000, 000 Liability Insurance Policy Please be advised that your insurance policy filed with the Town of South Windsor Planning and Zoning Commission has expired. It is imperative that we receive a renewal indicating continuous coverage of the Town immediately (per Subdivision Regulations Section 3 . 2 .a and/or Zoning Regulations 4 . 13 . 4 ) . Your prompt attention is greatly appreciated. Very Truly Yours, Michele R. Lipe Assistant Planner ml lilo �s ?d&U&0&1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 AREA CODE 203 644-2511 April 26, 1989 M E M O R A N D U M TO: Marcia A. Banach, Director of Planning FROM: Jerry C. Iazzetta, Town Engineer , RE: Blue Spruce Subdivision In an effort to try cleaning up the loose ends in this subdivision we list below several items that are still outstanding. Some of these may not be Engineering Department responsibilities but are shown for informational purposes. It is my understanding that the last Certificate of Occupancy in this subdivision was issued over a year ago, so I would imagine the developer would be anxious to get his bond back. _d 1 . Open space improvement plan including merestone placement locations needs to be submitted (P&Z condition) . Jt �YF4 5 ? � 2 . Conservation easement along rear of Lots 11, 12, 16 & 17 needs to be submitted. 3 . As built drawings need revision - not all information shown such as "stump dump" location, improvements to Miller Road, etc. 4 . The leveling course of bituminous concrete at Foster & Miller needs to be replaced. This was done improperly without town inspection. A plan to repair this must be discussed with the Town Engineer before work started. 5 . The storm drainage easement on Lot 16 needs to be resolved. JCl/jsv cc: Michael J. Gantick, Director of Public Works C��o,MN 8f,<� , _ lot," Ole U v 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 SOR•co��,w AREA CODE 203/644-2511 May 1, 1989 Mr. Robert Sheridan Creative Development Group Inc. 25 Oakland Road South Windsor, CT 06238 RE Blue Spruce Estates Dear Mr. - Please find enclosed a correspondence from our Town Engineer, Jerry C. Iazzetta regarding your request for a bond reduction. Once these measures have taken place, please let us know so that we can arrange for another inspection to expedite the bond reduction and acceptance of your subdivision. Thank you for your attention in this matter. Very Truly Yours, Michele R. Lipe Assistant Planner/Analyst ml Boa N ata� r CIO O-P ?d&U&0& e � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 _R.CO AREA CODE 203/644-2511 June 2, 1989 M E M O R A N D U M TO: Marcia A. Banach, Director of Planning FROM: Jerry C. Iazzetta, Town Engineer RE: Blue Spruce Subdivision As a follow-up to my April 26, 1989 memo concerning the Blue Spruce Subdivision, the following is the additional information you requested: 1 . To date we have not seen a repair plan for Foster & Miller Road. 2 . Items that need to be revised and/or added to the as built drawings are as follows: a. Easement for lots 9 & 10 b. Indication that merestones and iron pins are set C. Utility locations D. Sidewalk E. Drywell on Miller Road will need an easement f . Elevations along centerline of Miller Road every 100 feet as agreed to. G. Proper certification as per 4 .5c and 4 .5d. h. Stump dump locations i. Footing drains need to be shown. Verification that mechanical systems are connected and work. J. Lateral locations identified properly. JCl/jsv cc: Michael J. Gantick, Director of Public Works RECEIVED JUN 21 1989 LAW OFFICES GREEN & KT BINMAN, PC. K WINDSOR PLANNING DEFT, FIFTEENTH FLOOR 137.101 NORWICH ROAD ONE CORPORATE CENTER HARTFORD,CONNECTICUT 06103-3298 PLAINFIELD,CONNEC 06374-1620 (203)728-5321 (203)564-4064064 TELECOPIER•(203)525-3258 TELECOPIER (203)564-1536 PLEASE REPLY TO HARTFORD June 19, 1989 Ms. Marcia Banach Director of Planning Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 RE: Blue Spruce Estates Our File No. 14324 Dear Ms. Banach: Pursuant to our conversation of June 19, 1989, this letter shall confirm that in connection with the Blue Spruce Subdivision, item no. 1 of a April 26, 1989 memorandum (the "Memorandum") from Jerry C. Iazzetta, Town Engineer to yourself, has been satisfied and that the only remaining items that must be satisfied in connection with the release of the subdivision bond are items 2 through 5 as set forth on the Memorandum. Accordingly, the Memorandum incorporates those items numbered 1 and 2 set forth on a June 2, 1989, memorandum from Jerry C. Iazzetta, Town Engineer to yourself. Further, it is my understanding that once the revised Schedule A description for the Conservation Easement running along the rear of Lots 11, 12, 16 and 17, is submitted to you, item no. 2 of the Memorandum will be satisfied. Further, I am dealing directly with Jerry C. Iazzetta in connection with any work and/or the repair plan that must be implemented in connection with the Foster and Miller road work. Once the items required by the Memorandum have been obtained, I will forward them to you as soon as possible so that we may resolve this matter and the subdivision bond may be released. I would ask that in the event this letter shall not reflect your recollection of our conversation or should you have any questions or comments regarding the Ms. Marcia Banach Page 2 June 19, 1989 items needed to finalize the subdivision approval, please contact me directly. Sinc e , GR E P.C. Mi el A. Pease MAP/cmv cc. Mr. Robert Sheridan Mr. William F. Young Mr. Salvatore Garofalo LAW OFFICES . GREEN & KI.EINMAN, P.C. FIFTEENTH FLOOR ONE CORPORATE CENTER 137.101 NORWICH ROAD HARTFORD,CONNECTICUT 06103.3298 PLAINFIELD.CONNECTICUT 06374.1620 (203)728.5321 (203)564-4064 TELECOPIER:(203)525.3258 `���-.�� TELECOPIER:(203)564-1536 PLEASE REPLY TO HARTFORD July 27, 1989 Jerry Iazzetta Town Engineer Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 RE: Blue Spruce Estates Our File No. 14324 Dear Mr. Iazzetta: It is my understanding that in connection with the completion of the improvements for Blue Spruce Estates Subdivision, that Mr. William Mitchell will be contacting you directly to discuss the plan of repair to Foster and Miller Roads. I would ask that once you have been contacted by Mr. Mitchell, that you please advise me so that we may monitor the completion of the town's required repairs. Should you have any questions, please do not hesitate to contact me. Sincerely, GRE K 'EI NMAN, P. C. Mi c a A. Pease 4 MAP/cmv 6+ r cc. Robert Sheridan a William F. Young JUL 28 11989 Salvatore Garofol o r1 `A © T-lklyTi?Tri LAW OFFICES AUG ?4 1989 GREEN KI.EINMAN, P.C. §QUth Windsor FIFTEENTH FLOOR 490flos Commission ONE CORPORATE CENTER 137-101 NORWICH ROAD HARTFORD,CONNECTICUT 06103-3298 PLAINFIELD,CONNECTICUT 06374.1620 (203)728-5321 (203)564-4064 TELECOPIER:(203)525-3258 TELECOPIER.(203)564-1536 PLEASE REPLY TO HARTFORD August 28, 1989 Ms. Marsha Banach Director of Planning Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 RE: Blue Spruce Estates Our File No. 14324 Dear Ms. Banach: This letter is in confirmation of our telephone conversation regarding the Drainage Easement executed by Pauline Balnius Boyer regarding property located at the Blue Spruce Estates Subdivision. You had stated that you were unable to find the recorded Mylar referred to in the description of the easement. I have made contact with Lucek Engineering and it has been determined that while they prepared the prints of this easement they have not yet prepared a Mylar. We are attempting to resolve our issues with Lucek Engineering so that we may obtain the Mylar for recording. Once we have obtained this Mylar, we will promptly deliver same to you in an effort to resolve the drainage easement matter. Should you have any questions, please do not hesitate to contact me. Sincere G N EINMAN, P.C. Mi a 1 A. Pease MAP/cmv cc. William F. Young Robert Sheridan Salvatore Garofolo (°wM Srgt 9 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R•C�� /AREA CODE 203 644-2511 l��SO January 4, 1990 jj Michael A. Pease, Esquire D `V Green & Kleinman, P.C. Fifteenth Floor BAN 5 �gg0 One Corporate Center Hartford, CT 06103-3298 windsor South �ommissioe RE: Blue Spruce Estates Manning & Zoning Your File No. 14324 Dear Attorney Pease: In accordance with your letter of July 27, 1989, Ilue wave had a in the S ruce�discussion with Mr. Mitchell concern gP -- Subdivision and completion of the outstanding items. To this date there has been no change in these outstanding items. The Town of South Windsor would like to add the streets and the open space in the Blue Spruce Subdivision to the Town's complex. We therefore would appreciate some follow-up from you with respect to the completion of the outstanding items in this subdivision. Our ultimate goal is acceptance of the subdivision improvements before the end of our fiscal year, June 30, 1990. Any efforts from your office, along these lines would be appreciated. Please advise as to your "plan of action" in this matter. If you have any questions, please contact Mr. _Jerry C. Iazzetta, Town Engineer of myself at 644-2511. Very truly yours, A. Bowen Davies Deputy Town- Engineer ABD/j sv ---. .- cc: David S. Stoner, Stoner Group Jerry C. Iazzetta, Town Engineer Marcia A. Banach, Director of Planning Michael J. Gantick, Director of Public Works File RECEIVED- LAW OFFICES MAR 27 1990 GREEN & KLEINMAN, P.C. 30. WINDSOR PLANNING QVTt FIFTEENTH FLOOR ONE CORPORATE CENTER 137-101 NORWICH ROAD HARTFORD,CONNECTICUT 06103-3298 PLAINFIELD,CONNECTICUT 06374.1620 (203)728.5321 (203)564-4064 TELECOPIER•(203)525-3258 TELECOPIER (203)564.1536 PLEASE REPLY TO HARTFORD March 26, 1990 Ms. Marcia Banach Director of Planning Town of South Windsor 1540 Sullivan Avenue South Win a 06074 'RE:/ Blue Spruce Estates � Our File No. Dear Ms. Banach: As you are aware we are continuing to move forward in obtaining all final items needed for release of the bond in connection with the Blue Spruce Estates matter. In connection with the resolution of this matter, this letter shall serve as formal written notice to the Town of South Windsor that the savings passbook account number 37004612 with the Savings Bank of Manchester currently being held in lieu of bond in this matter, shall only be released to Green & Kleinman, P.C. as attorneys for the applicant Blue Spruce Estates. In that regard, I would ask that upon receipt of this letter, you contact me so that we may discuss the possibility and feasability of substituting another savings passbook in another name to the Town of South Windsor in lieu of the passbook currently being held. Sincere , E & E NMAN, P.C. is a 1 A. Pease MAP/mjp cc: William F. Young Salvatore Garafolo A. Bowen Davies r ♦M s�,� O s ' 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 .CO � AREA CODE 203 644-2511 June 21, 1990 Michael A. Pease, Esquire Green & Kleinman, PC Fifteenth Floor One Corporate Center Hartford, CT 06103-3298 Dear Attorney Pease: Re: Blue Spruce Estates Your File No. 14324 I am in receipt of as-built drawings for the above- referenced subdivision, as well as a drainage easement map for Lot 16, prepared by Lucek Engineering Associates, Inc. The as-built drawings are dated 12/21/88; the easement map is dated 4/19/89 . Both documents have been reviewed by our Engineering Department, and the following concerns have been raised. 1. The as-built drawings indicate that a drywell installed on Miller Road in front of Lot 21 encroaches on Lot 21. Mel Stead, Superintendent of Streets, has indicated that there is no encroachment. The map should be revised to reflect this . 2. The easement map is missing several items required by the "Code of Recommended Practice for Standards of Accuracy of Surveys and Maps for the State of Connecticut" for A-2 certification (however, the map is certified to A-2 standards) . Enclosed is a copy of the applicable section of the Code. We are aware of a conservation easement which exists on this lot; according to the code this easement must also be shown. The map should designate the grantor and purpose of the easement in addition to the grantee. r Michael A. Pease, Esquire Page Two June 21, 1990 If the subdivision map was used as a reference, that should be so noted on the-map- The street name is Blueberry Circle, not Lane (in error on easement document also) . If you have any questions regarding the above comments, please contact me. Thank you for your attention to this matter. Very truly yours, Marcia A. Banach Director of Planning MAB/pmm cc: Jerry C. Iazzetta, Town Engineer Michael J. Gantick, Director of Public Works LAW OFFICES OF WAYNE CHRISTOPHER GERLT 435 BUCKLAND ROAD P.0. BOX 559 SOUTH WINDSOR,CONN.06074 TEL.(203)644-2565 ALSO ADMITTED IN OHIO FAX(203)644-2567 July 17, 1990 HAND DELIVERED Mrs. Louise Evans Chairman Planning & Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Blue Bruce Estates, South Windsor: Connecticut Application for Release of Bona for Subdivision Improvements Dear Mrs. Evans: I represent Mitchell Trucking, Inc. in regard to work performed on the Blue Spruce Estates Subdivision to install and complete the subdivision or public improvements. My client is in the midst of a dispute with the developers concerning monies owed to it, and I understand that your commission is about to consider a release of the bond for the subdivision improvements. In that regard, I draw your attention to Chapter 4 of your Subdivision Regulations in effect at the time when the subdivision was approved, and which are, therefore, pertinent to the release of its bond. Those regulations read in part: "The decision on any application for release or reduction of any security for completion of improvements and utilities shall is be an du by the hl Town Engineer.". It appears to me that this provision and unconstitutional delegation of authority to the Town Engineer by your Commission, which is an administrative agency and subject to the constitutional limitations on delegation of authority. In addition, yyo ead regulations ce read: "a release of any security for completion shall not b m own Engineer certifies completion of the public utilities, streets, and public open space improvements have been made• in accordance with the reapii rernents of the subdivision plans which were approved by the Commission.". It is the position of my client that the public utilities, streets and public open space improvements in the Blue Bruce Estates Subdivision, have not been completed until such time as he has been paid in full for his work and all Mechanic's Liens have been released from the property. You are hereby notified that my client intends to look to your Commission, the Town of South Windsor and the individual members for any Mrs. Louise Evans, Chairman -2- July 17, 1990 losses, damages or expenses it incurs by virtue of an unlawful release of the subdivision bond of the Blue Bruce Estates Subdivision without the satisfaction of all debts owed to my client. The cash bond which you are holding against the final completion and payment of all improvements in this subdivision, is the only security available to my client to recover all funds due to it, and if your Commission votes to release that bond without my client's debt having been satisfied, you may be exposing the Commission, the Town and the individual members to liability for having released that bond through a procedure that is probably illegal and unconstitutional. In any event, your Commission is now on notice that my client is owed money for the work done in that subdivision, and any intentional release of those funds would be viewed by my client as an act in derogation of its interests and intended to cause it loss. By copy of this letter I am notifying the Town Attorney of our position in this matter, and it would be advisable for you to seek his opinion before proceeding further in this matter. Sincere , ne C opher er WCG:mt cc: Richard M. Rittenband, Esquire Mr. William Mitchell e � 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 ��oso�•co�'� AREA CODE 203/644-2511 July 25, 1990 Michael A. Pease, Esquire Green & Kleiman, PC Fift enth Floor One Corporate Center Hartford, CT 06103-2898 Dear Atty. Pease: RE: Blue Spruce Estates Subdivision Please be advised at the July 24, 1990 meeting of the Planning and Zoning Commission the commission reduced the bond for the above captioned subdivision to a maintenance level of $31,000. This bond will expire on July 24, 1991. P1 ase make arrangements to reduce/replace the bonds we are currently holding. Very Truly Yours, Louise C. Evans Chairman of Planning & Zoning cc: /ZC erry Iazetta, Town Engineer file �4o*a at44 y Y S 12 • y 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 AREA CODE 203/644-2511 July 25, 1990 Atty. Richard Rittenband 1734 Ellington Road South Windsor, .CT 06074 Dear Atty. Rittenband: RE: Blue Spruce Estates - 50,000 Subdivision Bond passbook # 37004612 (Manchester Savings Bank) At the July 24, 1990 meeting of the Planning and Zoning Commission, they reduced the above referenced bond (see enclosed letter) to maintenance level of $31,000. The applicant has provided the Town with a Letter of Credit from the Bank of South Windsor in the amount of $31,000 and is requesting was submitted amount in the passbook be released. This passbook at the time you were Town Attorney and you signed the account slip. Would you please sign the enclosed Savings withdrawal slip so that the funds can be released. Thank you for your attention in this matter. Very truly yours, Michele R. Lipe Assistant Planner/Analyst � "e r/ JUL 3 1990 LAW OFFICES GREEN KLEINMAN, P.C. South Windsor Planning & Zoning COMMISSIN FIFTEENTH FLOOR ONE CORPORATE CENTER 137-101 NORWICH ROAD HARTFORD.CONNECTICUT 06103-3298 PLAINFIELD.CONNECTICUT 06374.1620 (203)728.5321 (203)564-4064 TELECOPIER•(203)525-3258 TELECOPIER (203)564-1536 PLEASE REPLY TO HARTFORD June 28, 1990 Ms. Marcia A. Banach Director of Planning Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Ms. Banach: I am receipt of your letter dated June 21, 1990 and have forward same on to Emil Lucek so that he may make the appropriate changes to the as—built drawings and the easement map. Mr. Lucek has informed me that he will make these changes as soon as possible and will provide you with the revised as— built drawings and easement map. I believe these should be the last two remaining items to be covered in connection with this sub—division; however, if your records reflect anything different please advise me accordingly. I will await your response. Sincerel aR E K INMAN is a Pease MAP:gab cc: William F. Young Robert Sheridan Salvatore Garafolo