Loading...
HomeMy WebLinkAboutZONE CHANGE TO A-20 (DENIED) '- ' PLANNING AND ZONING COMMISSION APPLICATION F t Application No. : Date Rece ' , ��, MAR S 1968 Acti ublic Hearin 'by: � y lip Recl .� South Windsor Planning & kain OWWWO APPLICANT: � r n o c�e ADDRESS : TELEPHONE: OWNER OF RECORD ON LAND RECORDS: adP,,, �41 4f�411 ADDRESS: J 1c� �D A Xr� d COMPLETE LOCATION OF PROPERTY: v ZONE: � NAME, ADDRESS, & TELEPHONE NUMBER OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: TELEPHONE: THIS APPLICATION IS FOR : z �S / (Check one of the following) 1 . Zone Change to - a Pub g i (Public Hearing required) . 2 . Subdivision. 3. Open Space Subdivision (Public Hearing required) . MAR 8 1988 4. Resubdivision (Public Hearing required) . Plan SOUth Wind Wing & sor Zoning C 5. Special Exception to Article (Public Hearing Requ rW{f#Rn 6. Site Plan of Development. 7. Earth Filling [Section 101 and/or Earth Removal [Section 91 (Public Hearing Required) . 8. General Plan of Development. 9. Regulation Amendment : Zoning Subdivision _10. Other (explain in detail) : CONSULT PLANNING DEPARTMENT FOR FEE SCHEDULE. THIS APPLICATION MUST BE SIGNED. BY THE APPLICANT AND OWNER OF THE PROPERTY AND SUBMITTED IN TRIPLICATE WITH ALL MAPS AND DOCUMENTS REQUIRED ON ATTACHED CHECKLIST. � 6 er � ems/ am? pp,fcafit Owner PLANNING AND ZONING COMMISSION APPLICATION, CONT' D. TIME FRAMES AND PROCEDURES FOR SUBMITTING APPLICATIONS/PLANS 1 . All prospective applicants are urged to confer with Town Planning Department and Engineering Department staff prior to submission of any application to the Commission . 2. Plans are officially received only on the fourth Tuesday of each month at the Regular Meeting of the Planning & Zoning Commission (PZC) . 3 . Three (3) sets of blueprints are required on the second Tuesday of the month for review by the Town Planning and Engineering Departments . This deadline must be met if you want to ensure that your application is officially received by PZC. These plans must_ be submitted as complete plans -- which includes application plus all required information contained on checklist. No plans will be accepted at the counter if checklist is incomplete. It is the applicant ' s responsibility to ensure that all information required on the checklist is submitted in one package at the time of submission -- including landscaping plans, architectural elevati ns, traffic report , etc . Planning Department staff will not accept checklists with blank spaces , or with "by others" in any space. 4. Town staff will notify the applicant with any changes required to make the plans in complete compliance with our Zoning/Subdivision Regulations . 5 . All changes requested must be made and new, complete blueprints must b submitted . At this time six sets of plans must be submitted . If a Public Hearing is required ( or optional but likely) then seven_ sets are required . 6 . Planning Department/Engineering Department staff will review plans only once -- if the resubmissions are not complete/correct , the Town Planner ' s report will reflect that revisions were not made as requested . South- Windsor r D TP s. I of MORTGAGE DEED • MAR 8 1988 South Windsor TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, G R E E T I N pde�jn8 & Zoning Commission KNOW YE, that FAITH TABERNACLE OF GLASTONBURY, INC. a/k/a FAITH TABERNACLE CHURCH, INC. of Glastonbury, Connecticut ("Grantor") , for value received to its full satisfaction of BURRITT INTERFINANCIAL BANCORPORATION, a corporation organized and existing under the laws of the State of Connecticut, and having an office at 267 Main Street, New Britain, Connecticut, ("Grantee"), does give, grant, bargain, sell and confirm unto the Grantee, the premises described in Schedule A annexed hereto and made a part hereof ("Premises"). The Premises are conveyed subject only to the matters set forth in Schedule B annexed hereto and made a part hereof. Together with the following property and rights (the Premises together with such property and rights, being hereinafter collectively called the "Mortgaged Property") : (a) all right, title and interest of Grantors in and to the land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining the Premises, and in and to any and al'l privileges, tenements, hereditaments or appurtenances, belonging or in any way appertaining thereto and any reversion or reversions, remainder or remainders, belonging or in any way appertaining thereto, and also any and all further estate, rights, title, interest, property, claim and demand whatsoever, either in law or in equity of the Grantor, of, in or to any of the above. (b) all machinery, apparatus, equipment, fittings, fixtures, and articles of personal property owned by Grantor of every kind and nature whatsoever, now ,or hereafter located in said building or upon the Premises, or any part thereof, and used or usable in connection with any present or future occupancy of said building and now owned or hereafter acquired by Grantor (hereinafter referred to as "Service Equipment") including, but without limiting the generality of the foregoing, all heating, lighting, laundry, incinerating and power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating,* ventilating, and communications apparatus, air cooling and air conditioning apparatus, elevators, escalators, shades, awnings, screens, storm doors, and windows, stoves, wall beds, refrigerators, attached cabinets, partitions, ducts and compressors and all right, title and interest of Grantor in and to any Service Equipment which may be subject to any title retention or security agreement (hereinafter referred to as the "Security Agreement"), superior in lien to the liens of this Mortgage; it being understood and agreed that all such Service Equipment is and shall continue to be deemed part and parcel of the Premises and appropriated to the use thereof, and whether affixed or annexed to the Premises or not, shall for the purpose of this Mortgage be deemed conclusively to be real estate and mortgaged hereby; and Grantor agrees to execute and deliver, from time to time, such further instruments (including any Security Agreements) as may be requested by Grantee to confirm the lien of this Mortgage on any Service Equipment; and (c) any and all awards or payments, including interest thereof, and the right to receive the same, which may be made with respect to the Premises as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, (iii) any other injury to or decrease in value of the Premises, or (iv) any reacquisition by any redevelopment or other municipal agency of any portion of the Premises pursuant to any right of reacquisition reserved by such agency in or as a result of any redevelopment plan or agreement, to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by Grantee,, and of the reasonable attorneys-fees- costs -an—Tc -disbursements incurred by Grantee in connection with the collection of such award or payment; and Grantor agrees to execute and deliver, from time to time, such further instruments as may be reasonably requested by Grantee to confirm such assignment to Grantee of any such award or payment. TO HAVE AND TO HOLD the above granted and bargained premises, with the privileges and appurtenances thereof, unto the said Grantee, its successors and assigns forever, to its and their own proper use and behoof. And also, the Grantor does for itself, its successors and assigns, covenant with the Grantee, its successors and assigns, that at and until the ensealing of these presents, it is well seized of the Premises as a good indefeasible estate in fee simple, and has good right to bargain and sell the same in manner and form as is above written, and that the same is free from all encumbrances whatsoever, except as set forth in Schedule B aforesaid. And furthermore, the said Grantor does by these presents, bind itself, its successors and assigns forever, to warrant and defend the above granted and bargained Premises to the said Grantee, its successors and assigns, against all claims and demands whatsoever, except as aforesaid. THE CONDITION OF THIS DEED IS SUCH, that whereas the said Grantor has applied to the said Grantee for a loan of TWO HUNDRED AND FIFTY THOUSAND AND N0/100 (4250,000.00) DOLLARS, on the premises above described; and WHEREAS, the said Grantor in consideration of the foregoing, has executed and delivered to said Grantee its Promissory Note of even date herewith (hereinafter referred to as the "Note") in the principal sum of TWO HUNDRED AND FIFTY THOUSAND AND N01100 (1250,000.00) DOLLARS, a copy of which Note, is attached hereto and made a part of hereof as Schedule C. WHEREAS, Grantor represents and warrants that it is competent, not under any disability, and has full power and authority to execute and deliver the Note, this Mortgage and all other mortgage instruments or documents required of it to Grantee, and, if a corporation, is duly authorized and qualified to do business in the State of Connecticut. WHEREAS, Grantor, in order to more fully protect and preserve the security of this Mortgage, covenants and agrees as follows: 1. PROMISE TO PAY. Grantor will pay the indebtedness evidenced by the Note and secured by this Mortgage at the times and in the manner provided in such Note and will otherwise perform and abide by all the terms and conditions of such Note, any default in such performance being hereby declared to be default under this Mortgage. 2. PROPERTY TAXES AND ASSESSMENTS. Grantor shall pay and discharge as the same become due all taxes, assessments, water and sewer charges and other impositions (except income taxes of Grantee) which may be levied or assessed upon the Mortgage Property or any part thereof, and which may be or become a lien prior to the lien of this Mortgage or have priority in payment to the debt secured hereby and further shall exhibit to Grantee within ten (10) days after demand certificates or receipts issued by the appropriate authority showing -full payment of such imposition. To facilitate full performance of the foregoing covenants, Grantor hereby agrees to pay to the Grantee each month (as and whenever Grantee may elect, from time to time), together with any principal and/or interest payment then due, such sum as may be estimated by the Grantee to be required in order to enable the Grantee to pay all such impositions at least thirty (30) days before they become due. Such added payments shall not be, nor be deemed to be, trust funds, but may be commingled with the general funds of the Grantee, and no interest shall be payable in respect thereto• Upon demand of the Grantee, the Grantor agrees - to deliver to the Grantee such additional sums may be necessary to make up any deficiency in the amount needed to enable the Grantee to pay all such impositions. In the event of a default by the Grantor in the performance of any of the terms, covenants or conditions of the Note or of this Mortgage, the Grantee may apply the balance then remaining in the funds accumulated hereunder as a credit against the indebtedness secured hereby, in such manner as the Grantee may determine. The provisions of this paragraph shall be waived as long as the Grantor is current and not delinquent in the payment of any such impositions or the Grantor is not in default under the terms of this Mortgage or Note. 3. HAZARD INSURANCE. Grantor will keep all buildings and improvements now erected or hereafter to be erected on the Mortgaged Premises, and all Service Equipment, insured for the benefit of the Grantee in an amount to be approved by the Grantee (not to exceed, in the aggregate, 100% of the full insurable value thereof) against loss or damage by fire and all available extended coverage risks, by insurance companies satisfactory to Grantee, under insurance policies Payable, in case of loss or damage, to Grantee as mortgagee, such rights to be evidenced by noncontributory standard mortgagee clauses attached to each policy. Grantor further agrees to assign and deliver all - 2 - policies, including any additional and renewal policies, to Grantee, and in case of insurance about to expire, to deliver to Grantee renewal policies accompanied by evidence of payment of the premium therefor stalsfnetory to Grantee not less than thirty (30) days prior to the respective dates of expiration. Grantor will also maintain in full force and effect with respect to the Mortgaged Property rent insurance or business interruption insurance and such other and/or additional insurance with such insurance companies, under policies in such form and in such amounts, as Grantee may from time to time request and approve in writing and deliver all such policies, including additional and renewal policies to Grantee as in the case of the above policies. All policies must contain an agreement by the insurer that the policy shall not be cancelled without at least ten (10) days prior written notice to the Grantee. Should the Grantee by reason of such insurance receive any sum or sums of money or damage by fire or the other hazards covered thereby (i) such sum or sums may be retained and applied by the Grantee, in its descretion, toward payment of the indebtedness secured hereby whether or not same shall be then due or payable, or (ii) may be paid over either in whole or in part to the Grantor for the repair of said buildings or for the erection of any buildings in their place, or for any other purpose or object satisfactory to the Grantee, and if the Grantee retains and applies said insurance money as aforesaid the lien of this mortgage shall be affected only by a reduction thereof in any amount equal to the amount of such insurance money so retained and applied as aforesaid. 4. EMINENT DOMAIN. In the event that the whole or any part of the Mortgaged 'roperty shall be taken by eminent domain, or in the event of any alteration of the :trade of any street or highway, or of any other injury to or decrease in value of the "remises, or the reacquisition of the whole or any part of the Mortgaged Property )ursuant to the terms of any redevelopment plan or agreement affecting the Premises, of Lf any agreement shall be made between Grantor and any entity vested with the power of eminent domain, any and all awards and payments on account thereof shall be deposited lith Grantee. Grantee shall have the right to intervene and participate in any )roceedings for and in connection with any such taking, unless such intervention shall )e prohibited by the Court having jurisdiction over such taking, in which event Grantor ;hall consult with Grantee in connection with such proceedings; and Grantor shall not enter into any agreement with regard to the Mortgaged Property or any award or payment )n account thereof unless Grantee shall have consented thereto in writing. Notwithstanding any such taking, alteration of grade, other injury to or ,decrease in value of the Mortgaged Property, or reacquisition of title, or agreement, the Grantor .hall continue to pay interest on the principal sum secured hereby at the rate provided :n said Note, and to make any and all payments required by said .Note and this Mortgage. 1ny reduction in the principal sum resulting from the application by Grantee of such .award or payment as hereinafter set forth shall be deemed to take effect only on the late of such application. Said award or payment may, at the option of Grantee, be retained and applied by Grantee toward payment of the indebtedness secured hereby, or be ;paid over wholly or in part :to Grantor for the purposes of altering or restoring any )art of the Mortgaged Property which may have been damaged -as a result of any such raking, alteration of grade or other injury to the Mortgaged Property, or for any other purpose of object satisfactory to Grantee. 5. MAINTAINING BUILDINGS, ETC. Grantor shall maintain the buildings and other improvements on the Mortgaged Property in good condition and repair; will neither commit for suffer to be committed any waste; and will promptly comply with the requirements of my federal, state and municipal authorities and all other laws, ordinances and regulations respecting said property or the use thereof, and pay any and all fees or :AL Barges of any kind in connection therewith. Grantor shall also perform, observe and ,:omp.ly with all the terms, covenants and conditions on its part to be performed and •omplied with under any redevelopment plan or other agreement governing or restricting _ le use or enjoyment of the Premises. 6. ALTERATION OR DEMOLITION. No building or other improvement on the Mortgaged 'roperty shall be structurally altered, removed or demolished without the Grantee's ,xpress prior written consent, nor shall any Service Equipment be -moved at any time without like consent unless actually replaced by nn article of equal suitability and at ._east equal value owned by Grantor, free and clear of any security interest or any -eservation of title thereto. 3 — 1 } 7. FINANCING STATEMENTS. Grantor shall furnish to Grantee annually, within ninety (90) days following the end of the Grantor's fiscal year, statements prepared and certified by a certified public accountant satisfactory to Grantee and in such detail as the Grantee may reasonably require, showing the annual rent roll, other income, sales volume of tenants where rents are based on volume of business, and the detailed operating expenses of the property. In addition, Grantee shall be entitled to request and receive from Grantor a complete balance sheet and profit and loss statement, prepared and certified by a certified public accountant. A corporate Grantor shall also furnish to the Grantee annually, with the foregoing statements, a list of the names and addresses of all of its stockholders, certified by its President or Secretary, and a Grantor which is a general or limited partnership or a trust shall furnish to the Grantee annually, with the foregoing statements, a list of the names and addresses of all general and limited partners or of all holders of a beneficial interest in such trust, showing their percentage partnership or beneficial interest. Such list shall be certified by a general partner or by the trustees of a trust, respectively. 8. ASSIGNMENT OF RENTS. To further secure the indebtedness secured hereby, Grantor hereby assigns, transfers and sets over to Grantee all of the rents, issues and profits now due or which may hereafter become due from the Mortgaged Property. The Grantee hereby waives the right to enter upon the Mortgaged Property for the purpose of collecting said rents, issues and profits, and acknowledges that the Grantor shall be entitled to collect and receive said rents, issues and profits until the occurrence of an event of default upon the part of the Grantor under any of the terms, covenants and conditions contained in the said Note, or this Mortgage, and , the Grantor agrees to apply such rents, issues and profits first to the payment of the principal and interest from time to time becoming due on said Note secured hereby and the taxes, assessments, water or sewer charges or other impositions from time to time becoming due against said Mortgaged Property but said right of the Grantor so to collect and receive said rents, issues and profits may be revoked by the Grantee upon and default by the Grantor as aforesaid on five (5) days' written notice. Grantor shall not, without the written consent of the Grantee, receive or collect rent from any tenant or any person in possession of the whole or any part of the Mortgaged Property more than thirty (30) days prior to due date or accrual and shall not waive, release, reduce, discount or otherwise discharge or compromise any of said rents. Grantor further agrees that it will not assign any of .the rents, issues and profits of said Premises, except to a purchaser or Grantee of the Premises. Nothing in this Paragraph 8 contained, and no exercise by the Grantee of its rights hereunder, shall be deemed to constitute Grantee a mortgagee in possession in the absence of an actual entry into and taking of possession of the Mortgaged Property pursuant to Paragraph 9 hereof. The foregoing rights given Grantee^ are intended to be complimentary to any rights given Grantee under a separate assignment of leases from Grantor to Grantee, and shall be construed accordingly. 9. RIGHT TO ENTER PREMISES. In the case of default in the performance of or compliance with the terms, covenants and conditions set forth in said Note and this Mortgage, Grantee shall have the right forthwith and without notice to enter into and u1)011 the Premises, take possession thereof, and collect the rents, issues and profits therefrom, with or without the appointment of a receiver, and to apply the same, after payment of reasonable collection, management, and attorneys' fees, in reduction of the indebtedness secured hereby in such manner as Grantee may elect. 10. LEASE RATIFICATION. The Grantor shall furnish Grantee at any time, upon demand, with a lease ratification and estoppel agreement as to any lease affecting the Mortgaged Property, in form and substance satisfactory to the Grantee, which shall be executed by the Grantor and by the Lessee and which shall state, if such be the case, that the lease is in full force and effect and that there is no default thereunder, by either the Lessor or the Lessee thereof; that the Lessee is in possession of the Premises, paying the full rental called for therein, that no rental payments have been made in advance except as may have been approved by the Grantee, and stating the date of commencement of the original lease term. 4 — 11. EVENTS OF DEFAULT. The whole said principal sum and interest shall become due at the option of the Grantee, (a) after default in the payment of any installment or interest for thirty (30) days; (b) after default in the payment of any tax, assessment, water or sewer charge or other assessment or imposition, for thirty (30) days after notice and demand; (c) upon failure, after notice and demand, either to assign and deliver the insurance policies hereinabove required, or to reimburse the Grantee for premiums paid on such insurance; (d) if, upon application of the Grantee (made pursuant to Paragraph 3, hereof), two or more fire insurance companies lawfully doing business in the State of Connecticut refuse to issue policies insuring the buildings on the Premises; (e) after the actual or threatened commission or sufferance of waste, or the structural alteration, demolition or removal of any buildings on the Premises without the prior written consent of the Grantee; (f) in the event of the removal, sale or destruction of any Service Equipment, unless the same shall be promptly replaced by similar Service Equipment of equal suitability and at least equal value, free and clear of any security interest or any reservation of title thereto; (g) after default in furnishing to the Grantee, within ten (10) days after demand, a duly executed and acknowledged statement of the amount or principal and interest then due on this Mortgage, and whether offsets for defenses exist against the mortgage debt; (h) after thirty (30) days' notice to the Grantor, in the event of the passage of any law, federal, state or local, in any way changing or affecting the taxation of the mortgages or mortgage debts, or the collection of any such taxes, (i) after default by the Grantor in performing, observing or complying with any of the terms, covenants, and conditions of any redevelopment plan or agreement to be performed or complied with by Grantor; (j) if Grantor shall file a petition in voluntary Bankruptcy Act or any similar law, state or federal, whether now or hereafter existing, or an answer admitting insolvency or inability to pay their debts, or fail to obtain a vacation or stay of involuntary proceedings within thirty (30) days as hereinafter provided; or (k) Grantor shall be adjudicated a bankrupt, or a trustee or a receiver shall be appointed for Grantor or' for all of its property or the major part thereof in any involuntary proceedings, or any court shall have taken jurisdiction of the property of Grantor or the major part thereof in any involuntary proceeding for the reorganization, dissolution, liquidation or winding up of Grantor, and such trustee or receiver shall not be discharged or such jurisdiction relinquished or vacated or stayed on appeal or otherwise stayed within thirty (30) days; or (1) Grantor shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due, or shall consent to the appointment of a receiver or trustee or liquidator of all of its property or the major part thereof; (m) after continued default in the observance or performance of any other term, covenant, condition or agreement hereinbefore or Hereinafter contained or contained in any separate assignment of leases given Grantee by 3rantor for thirty (30) days after notice thereof: 12. ACCELERATION. In the event of any sale, transfer or conveyance of the Premises, of any part thereof by the Grantor, at any time, whether voluntary or Involuntary, the entire balance of the Note secured by this mortgage, together with all interest accrued thereon, shall immediately become due and payable aZ the option of the holder of the Note. The Grantor shall continue to pay interest at the then existing interest rate, or at any scho-duled rate changes, until payment of the entire balance is .»ade in full. It is mutually agreed that the Grantor shell not additionally encumber or cause to be additionally encumbered, the Premises in any manner whatsoever without the previous written consent of the Grantee. 13. LATE CHARGE. In the event the Grantor shall default in the payment of any installment of interest and/or of interest and principal after the due date thereof for fifteen (15) days, or any installment of taxes if the Grantor is escrowing for taxes, the Grantee may collect a "late charge" not to exceed an amount equal to five percent (5%) of the aggregate of any such installment of interest, principal and taxes to cover the additional expenses involved in handling such delinouent installment. 14. APPOINTMENT OF RECEIVER. Grantee shall have the right immediately after any lefault, upon proceedings being commenced for the foreclosure of this Mortgage, to apply for the appointment of a receiver of the rents and profits of the said Premises without notice, and Grantee shall be entitled to the appointment of such receiver as a matter of ,-ight, without consideration of the value of the Mortgaged Property as security for the amount due Grantee, or the solvency of any person or persons liable for the payment of such amounts. -- 5 — i 15. GRANTEE'S RIGHT TO PROTECT SECURITY. If Grantor shall' fail to insure the Mortgage Property or to assign and deliver the Policies to the Grantee, or shall fail to pay the taxes, assessments, water and sewer charges and other impositions as hereinabove provided, or shall fail to make any payment or to perform or comply with any of the terms, covenants and conditions herein contained, then Grantee, without obligation so to do and without notice to or demand upon Grantor, and without releasing Grantor from any obligation hereunder, may procure such insurance, make such payments, and do such acts as it may deem necessary to protect the security hereof; and the Grantor shall repay any sums so expended by the Grantee, together with interest as set forth in the Note, and the same shall be liens on the Mortgaged Property and secured by this Mortgage. 16. MODIFICATION OR EXTENSION. Grantee hereby reserves the right, together with the Grantor, (a) to amend or modify in any way the terms of thi Mortgge, or (b) to exLend the terms hereof or time for making any payment hereun er, all without the consent of any subsequent encumbrancer. 17. TIME OF THE ESSENCE. Time and punctuality shall be of the essence of this instrument, but no delay or failure of Grantee to enforce any of the provisions herein contained and no conduct o)t oral statement or Grantee shall waive or affect any of Grntee's rights hereunder. 18. NO MARSHALLING. The Grantee or its assigns shall not be compelled to release, or be prevented from foreclosing or enforcing; this Mortgage upon all or any part of the Property hereby mortgaged unless the entire indebtedness shall be paid in full as aforesaid, and shall not be required to accept any part or parts; and shall not be compelled to accept or allow any apportionment of the said debt to or among any separate parts of the said Property. In the case of a foreclosure sale, the Mortgaged Property, at Grantee's election, may be sold in one parcel. 19. RIGHT TO INSPECT. The Grantee and any persons authorized by the Grantee shall have right to enter and inspect the Premises at all reasonable times, upon prior notice and in a manner that will not unreasonably interfere with the Grantor's business. 20. NOTICE. Notice and demand or request shall be made in writing and shall be served in person or by mail. Any such requirement shell be deemed met by any written notice and demand or request either (i) personally served on an officer of the Grantee or on one or more of the persons who shall at the time hold the record title to the Premises, as applicable, or (ii) mailed be depositing IL In any post office station or letter box enclosed in a postpaid envelope addressed to such person or persons, or their heirs of successors at the last address known to the Grantee. 21. CONSTRUCTION. This Mortgage may not be changed or terminated orally. The rights and covenants contained in this Mortgage shall run with the land and bind the Grantor and his heirs, successors and assigns and all. subsequent owners, encumbrances, tenants and subtenants of the Premises, and shall inure to the benefit of the Grantee and its successors and assigns and all subsequent holders of- this Mortgage. The word "Grantor" shall be construed as if it reads "Grantors" and the word "Grantee" shall be construed as if it reads "Grantees" whenever the sense of this mortgage so requires. 22. ENVIRONMENTAL ACTIONS. The Grantor shall give the Grantee notice of any notices or actions by the Connecticut Department of Environmental Protection or any other agency which affect the Mortgaged roperty. The Grantor shall include the Grantee as a participant in any negotiations involving any hazardous waste or toxic waste deposits with the Department of Environm ntal Protection. The failure of the Grantor to remove a hazardous waste or toxic wast lien, whether the same is prior or junior to nls- mortgage; wi n a reasonable period of time not to exceed thirty (30) days after Grantee's request, shall constitute an Event of Default as set out in paragraph 10 (m) of this mortgage deed. NOW THEREFORE, if said Promissory Note shall be well and truly paid according to its tenor and if all the terms, covenants, conditions and agreements of the Grantor Herein contained shall be fully and faithfully performed, observed and complied with, then this deed shall be void, but otherwise shall remain in full force and effect• 6 — a Signed this 22nd day of December, 986. Witnessed by: FAITH TAREIMCLE OF GLAITONBURY, INC. a/k/a FAITEI TABERNACLE CHURCH, INC. By: (L.S. ) Its: STATE OF CONNECTICUT) COUNTY OF HARTFORD ) ss. Manchester December 22, 1986 The foregoing instrument was ackno ledged before me this 22nd day of December, 1986 by Ralph A. Saunders of Faith Tabernacle of Glastonbury, Inc. a/k/a Faith Tabernacle Church, Inc. a Connecticut corporation, on behalf of the corporation. Richard S. Soranno Commissioner of the Superior Court O518D 4 0459R SCHE ULE A A certain piece or parcel of land with all the buildings thereon and appurtenances thereto, locate in the Towns of East Windsor and South Windsor, County of Hartford and State of Connecticut, being more particularly bounded and des ribed as follows: 5eginning at an iron pin in the s utheasterly line of Scantic Road, in the Town of East Windsor, whic pin also marks the southwesterly corner of abutting land now or fo merly of Schank; THENCE proceeding S-59°53114"-W along th private right of way commonly known as Schank Road, 27.86' to a point; THENCE proceeding S-55049'12"-E along land n/f Scha k, 404.66' to an iron pin; THENCE proceeding S-57008132"-E a ong lands n/f Chagnot and Charest and n/f Lovett, 834 .73' tc a point - the last two courses also follow the southerly line of Schank Road, and the last course crosses the South Windsor/East Windsor Town Line; THENCE proceeding S-86104130"-E along la d n/f Chagnot and Charest, 450.32' to an iron pin; THENCE proceedin S-06047118"-W through a section of Schank Road, 202.01' to a point; THENCE proceeding S-68049102"-E along land n/f Chag t and Charest, 1,387.04' to a point on the westerly shore of th Scantic River; THENCE proceeding in a general northerly irection along said westerly shore of the Scantic River approxi ately 501.17' to a point; THENCE proceeding N-13026103"-W al ng land n/f D'Ancona, 266.73' to a point; THENCE proceeding N-6 °17'10"-W along land n/f D'Ancona, 1,105.40' to a point - tie last course crosses the South Windsor/East Windsor Town Line; MENCE N-55046151"-W along land n/f D'Ancona, 23.93' to a point; MENCE proceeding S-47131102"-W along land n/f Faith Tabernacle Church, Inc. , 318.77' to a point; THENCE proceeding N-42028158"-W al ng land n/f Faith Tabernacle Church, Inc. , 455.00' to a point; THENCE N-47031102"-E along land n/f Faith Tabernacle Church, Inc. , 1.20' to a point; THENCE proceeding N-61138'28"-W along lan n/f Mulka, 541.00' to a point; THENCE proceeding S-40037114"-W along land n/f Bravy, 169 .25' to an iron pin; THEME proceeding N- 6°04'36"-W along land n/f Bravy, 169 .35' to a point; THENCE proceeding N-81033'56"-W al ng land n/f Bravy, 100.74' to an iron in in the southeaster) line of / Y� p Y Scantic Road; THENCE proceeding S 59°53'14"-W along southeasterly line of Scantic Road, 140.33' to a point marking the northeasterly corner of abutting land n/f Schank THENCE proceeding S-56017151"-E along said land n/f 5chank, 200.00' to a point; THENCE proceeding S-59053114"-W al ng said land n/f Schank, 16,00' to a point; THENCE proceeding S-5 °17 '51"-E along said land n/f Schank, 112.00' to a point; THEM proceeding S-59°53114"7W along said land n/f Schank, 80.00' to a int in the northerly line f Schank Road; THENCE proceeding N- 6°17'51"-W along said land /f Schank and along the northerly lin of Schank Road, 312.00' to the point and place of beginning. The total area of the aforesaid pa cel is 1,363,130.16 square eet or 31.41 acres. Reference is made to a map or plan entitled "PLAN PREPARED FOR FAITH TABERNACLE CHURCH Scantic Road Schank Road East Windsor, CT. BOUNDARY SURVEY Scale 1" = 40 ' Date 10-16-86 Drn. R.E.D. - Trd. A.V.11. File No. 861074 Sheets Nos. 1-3 of 3 Certified Class A-2 Richard Meehan L.L.S. 12330 Meehan Associates Consulting Engineers-Surveyors, P.C. , 387 North Main Street, Manchester, CT 06040" T SCHEDULE A A certain piece or parcel of la d together with the improvements thereon, situated n the Town of South Wi dsor , County of Hartford, and State o Connecticut , and bein more particularly shown on a map o nt tled 'Plot Plan Proper y Surveyed for FAITH TABERNACLE: O GLASTONBURY, INC. U. . Route No. 5 South Windsor , Conn. Sc le: 1 inch w 100 feet (Sept. , 1982 Updated to Dec. , 1985 Pe ersen 6 Hoffman Land Surveyors" , which map is to be fliled on the land records of the Town of South Windsor . Said premises are more particul rly bounded and described as follows: NORTHERLY: By land now r formerly of John P. Malin, 354 . 17 feet; NORTHWESTERLY: By lands now or formerly of John P. Malin and John G. oman► partly Y artl b each, in all , 607 .40 feet ; NORTHERLY again: By lands now or formerly of George Batulevitz aid William J . Ulcinskas et al , PY artl by ea h, in all , 1,126 .00 fe�t; EASTERLY: By the center line of the Scantic R ver (being lands now or formerly of Cul ro Corporation and Martin F: McGrath , n , tly by each, in all, 808 .29 feet; EASTERLY again: By land now or formerly of Martin F. McGrath , 822 .45 feet; SOUTHWESTERLY: By land now or formerly of Martin F. McGrath, 166.00 feet; SOUTHEASTERLY: By lands now or formerly of Martin McGrath and Howard Slater , partly b each, in all , 447 .82 feet; SOUTHERLY: By lands now or formerly of Howard Slater # Sperry Wood Corp. and the State- of Connecticut# partly by each, in all, 834 .57 feet ; WESTERLY By U . S. Route No.. 5, 281 . 60 feet; NORTHERLY: By land now or formerly of the State of Connecticut 189 . 10 feet„ WESTERLY: By land now or formerly of the Sta a of „__....... ; -... inn nn faat . i SOUTHERLY: [3y land now or formerly of the State of Connecticut , 285 .00 feet ; and WESTERLY: By U".S. Route No. 5, 1 ,091 . 33 feet . Being the same premises conveyed to Faith Tabernacle of Glastonbury by Warranty deed of John C. Midlin dated 10/27/82 and recorded 1/7/83 at Vol . 328 , Page 308 of the South Windsor land records . a r SCHEDULE B AS TO 341 SCANTIC ROAD EAST WINDSOR & SOUTH WINDSO 1 . Taxes to the Town of East Windsor and South Win sor on the grand list of October 1 , 1985 . 1 1 2 . Right of way in favor of Socony-Vacuum Oil Comp ny, Inc. dated 8/12/39 as shown in various deeds recorded at Vol . 6 , Page 404 ; Vol . 56 , Page 407 ; and Vol . 56 , Page 438 of the Eas Windsor land records . 3 . Easement in favor of the Connecticut Light and ower Company dated 9/2/47 and recorded at Vol . 59 , Page 406-7• of the East Windsor Land Records . 4 . Easement in favor of the United States of Ameri a dated 5/11/56 and recorded in Vol . 67 , Page 314-16 of the East Wi dsor Land Records . 5 . Right of Way in favor of Emil Pantaleo and Fine is Pantaleo dated 2/17/71 and recorded in Vol . 106 , Page 369 of the South Windsor land records; and in Vol . 97 , Page 224-25 o the East Windsor land records . 6 . Easement in favor of Louis P . Chagnot dated 1/3 84 and recorded in Vol . 355 , Page 209 of the South Windsor land rec rds; and in Vol . 123 , Page 179 of the East Wi dsor land records . T 1970 •AS 0 JOHN FITCH BOULEVARD, SOUTH WINDSOR. 1 . Taxes to the Town of South Windsor on the grand, list of October 1 , 1985 . 2 . Water caveat in favor of the Metropolitan District Commission dated 11/16/60 and recorded in Vol . 80 , Page 366 of the South Windsor land records . a 3 . Easement in favor of the State of Connecticut d ed 6/14/40 and recorded in Vol . 39 ; Page 16j of the South Windsor 1 nd records . 4 . Right of Way in .favor of Socony-Vacuum Oil Compa y, Inc. dated 8/10/39 and recorded in Vol . 34 , Page 567 of the Sou h Windsor land records . SCHEDULE C (FOR BANK USE MY) CUS.IUMM NO T DUE DATE RAZE DISBURSEMENT OITIG UATE CHECKING ACCOUNT NUMBER DEMAND 9 . 50% 2 0 , 000 . 00 12-22-86 NOTE NO UAYS DISCOUNT OFFICER PAYMFNr ME Faith Tabernacle N/A N/A R. J. Kasper Int. Monthli, f Glastonbury, Inc. I D MAND NOTE Man hester, CONNECTICUT $ 250 000 . 00 �ecember 22 1986 1. Terms of Payment: On deman ,for value received,I or we the undersigned(each individually or all collectively c lied the"Borrower")jointly and severally promise to pay to the order of Burritt In erFinancial Bancorporation(hereinafter called the"Holder",which term includes a so any other payee,holder,purchaser or assignee of the Note) the sum of ***Two Hundred Fifty Thousand and 00/100*** — ------------ -- Dollars at flUrritt InterFinancial Bancorporation t any of its banking offices, with interest on the unpaid balance at the tollowin rate("Rate")(check applicable box): at KI the prime rate of Burritt InterFina cial Bancorporation(which is the rate designated from time to time by Burritt InterFin ncial Bancorporation as its prime rate for commercial loans)plus__t WO %or '— _%o the prime rate of Burritt InterFinancial Bancorpor lion described immediately above,which Rate will change when and as such pri a rate shall change; or ❑ % per annum, which ate will be subject to change y the Bank upon notice to (tie Borrower; such interest to be payable month in arrears, the first such pay ent of interest to be made on the 2 stday of January 19 8 , and successive payments o interest thereafter to be made on the 1 as t day of each In month ❑ ___--_ and _ thereafter,with the interest computed o i the basis of a 360 day year wi h each installment of interest based upon the nu ber of actual days in such period,which interest shall be payable at such Rate u til the entire principal of this Nito has been fully paid,whether before or after m turity,by acceleration or otherwise,and whether or not judgment is obtained(b t in no event will Burritt Interl'nancial Bancorporation charge less than$50.00 or this transation); together with,in addition to the bove interest,if any payment of rincipal or interest is not pair)when due,a Delinqu ncy Charge equal to 2%per annum of the unpaid principal balance hereof for the period from the date such pay ent is due until such payment is fully paid, whe her or not a judgment is obtained; and also together with all costs of collection of this Note(which term shall also include any renewal or extension hereof)incurred by the Holder,including reasonable attorneys' fees, plus court c sts (all of the obligations oft Borrower in this Section I. being collectively c tied the "Indebtedness"). II. Events of Default: Upon defy It in a payment when due,or upon default in the performance in any material respec of any other obligation of the Borrower to the Holder and as long as this default ntinues, or in the event of any proceedings instituted by or against the Borro r under any laws relating to bankruptcy, insolvency,receivership or arrangements ith creditors,or if the Holder de ms itself insecure(each of which is hereinafter call d an"Event of Default"),the Holder may,, without notice or demand, declare the I debtedness to be immediately due and payable. Ill. Security Interests: 1. During the existence of an Ev nt of Default,Burritt Interfinanci l Bancorporation,if it is the holder hereof,shall hi ve a lien on,a security interest in,and an option to set off, all deposits of the Borr wer and of any guarantor(s)or ndorser(s)of this Note,at any time,in any check ng,savings or other account with Burritt InterFinancial Bancorporation,in any orde,against the Indebtedness,alth 'ugh otherwise unmatured,without prior demand or notice,regardless of the adequacy of any collateral securing all or part of the Ind btedness, and without resort t legal process or judicial proceedings,or other uthorization. 2. ❑ (Check box if applicable) Borrower has good title to, a)d does hereby grant to Burritt InterFinancial Ba corporation a security interest/pledge/ mortgage/assignment in, certain proper which is generally described here or on the reverse side hereof and (if applicable) is more fully describ d in a 3. Borrower certifies that this is commercial transaction and exf essly waives all rights under Sections 52-278a th ugh 52-278g of the Connecticut General statutes,as amended from time to time, ncluding all rights to notice and Tearing prinr to obtaining by the Holder of any pre udgment remedy in connection with this duce, includiny without limitation, any'' arnishment, attachment and replevin against property owned or possessed by B rrower. 4. This Note shall be governe y and construed in accordance with the laws of the State of Connecticut. 5. The Borrower expressly wai s presentment, demand for pa ent, protest and notice of non-payment. FAITH TABERNAC E OF GLASTONBURY, INC. A/K/A FAITH TA ERNACLE, INC. BORROWER'S SIGNATURE B>STrigti�41CAX4ii?�+t�tl7�E ADDRESS AaMwa (Rev. ) a 1ph A. Saunders 1970 John Fit h Boulevard URM CE-1 South Windsor CT 06074 _ Richard M. Lee, individually Arland C. Tracy, individually Rodney N. Tracy, individually John G. Pelkey, individually (Rev. ) Ralph A. Saunders , individually j SCHEDULE C AGREEMENT C ANGING DEMAND NOTE THIS AGREE14ENT by the undersigned makers' o f a certain Demand Note dated December 22, 1986,iI in the amount of Two Hundred Fifty Thousand ($2 0,000 .00 ) Do lays to BURRITT INTERFINANCIAL BANCORPORATION, as follows: Makers agree that the foll wing changes in the above Note shall govern: 1. Makers shall make an nterest payment on January 31, 1987 , and shall thereafter make on e 31st day of each month an interest payment, in arrears, based o the outstanding principal balance, until the outstanding principa is paid in full. 2 . Notwithstanding the Bove, the Note shall at all times remain a Demand Note. 3 . Makers ' agree that they will pay the entire outstanding principal balance of this Note at the time of the sale of the real property locat d at 1270 Jon Fitch Boulevard, South Windsor , Connecticut. Dated at Manchester, Connecticut this 22nd day of December , 1986 . FAITH TABERNACLE OF GL STONBURY, INC . a/k/a FAITH TABERNACLE CHURCH, INC . By Richard M. Lee, individually Arland C . Tracy, individually Rodney N. Tracy, individually John G. Pelke , individually Y Y (Rev. ) Ralph A. Saunders 0398a 0'M" $E4 I O lottl r„ /�(/ • c � a v 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 OR-co AREA CODE 203/644-42511 I i I i March 11 , 1988 Town Clerkl Town of Eas Windsor Town Hall 11 Rye Str t P.O. Box 3615 Broad Brook, CT 16106 Dear Sir/ dam: In accordance with 1987 1 gislation concerning notification to municipalit es regarding Planning & Zoning applications Application that could affect abutting towns, we hereby notify you of th application f Reverand Ralph Sanders and Faith Tabernacle hurch for a zo a change from RR to A- 20 on the east side of Rte 5 . This applic tion is sched led to be received by the Planning & Zoning Comnmission on March 22, 1987 and a public hearing will be scheduled some time in Apr 1. Interested persons are invited to attend and make comments . If you have any questions, please feel free tD contact the Planning Department at 644 2511 . Thank you. Very truly ours, Marcia Banach Director of Planning PLANNING DEPARTMENT IN-HOUSIO REFERRAL FORM ., Date: TO: Karl Reichle, Gantick, Mel aw Fred Sh , Richard J. , Gary Tyler, F' , John Shemo FROM: Marcia A. Banach, Director of Planning The Planning & Engineering Dep tments have received plans for the i following pro]ec : S �l Subdivision Site Plan Residential Co=nerci 1 Industrial Location: �. ► � 0 Project Description: Future Town-owned property invo ved? YES NO (a) new streets U existing frontage also) (b) new open space recreation area active passive c new detention rea Planning Departztent comments : Please let me k w b you will hal y � 29 e comments on if y this applicatio so that I can Follow up with your department when I do a Planning D artment reportr <°w M sf''c e T-0�1� C" s (�W •a s 1540 SULL VAN AVENUE SOUTH WINDSOR. C NN. 06074 ��psoe•ca�' AREA CODE 203/644-2�11 April 18, 198 Rev. Ralph A. Saunders Faith Tabernacle Church 329 Scantic Road East Windsor, CT 06088 re: Ap . #88-20P Saunders/Faith Tabernacle Zone Change RR to A-20 Dear Rev. Saunders : Please be advised that the pvblic hearing in the abo a matter has been schedul for Tuesday, y 3, 1988 at 8:00 P.M. in the Council Chambers of the South Windsoz Town Hall, 1540 Sullivan Avenue. A sign adver ising the heari must be posted for 10 ',consecutive days prior to the hearing, and must be clearly visible fr m the roads . Please have it. posted by Fric y, April 22, 1988 . 0 e sign should be placed at the east side of J n Fitch Blvd. (Route 5)1 . The signs can be purchased ir the Town Hall for $5 . OQ each. Very Y trul yours, PLANNING AND ONING COMMISSI N Raymond F. H lowell, Jr. Chairman cc: PZq File Apt icant M. anach, Dir. of Planning <0'0 M SC4 C U `/W • c � T-OMI� 0-10C Saa� U 1540 SULLIVAN AVENUE • SOUTH WINDSOR, C NN. 06074 ���soR•c0N AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAII, INQUIRER THURSDAY APRIL 21 1988 THURSDAY, APRIL 28 , 1988 EGAL NOTICE TOWN DF SOUTH WINDSOR PLANNING 114D ZONING COMMISSION Notice is hereby given that t ere will be a public hearing of the Planning and Zoning Commissioa on Tuesday, May 3, 1988 at 8 : 00 P.M. in the Council Chambers of thD South Windsor Town Hall to consider the following: 1 . Application of 641 Sullivan Avenue Associates for a Zone Cha ge from RR to G for property located west of West Road and South of Sulliv n Avenue. 2 . Application of Arth r Greenblatt for a Resubdivision of property located at 389 Griffin Road to create 2 lots, A-20 Zone. 3 . Application of Rev. Ralph A. Saunders/Faith'iTabernacle Church for a Zone Cliange from RR to A-2 0 for property located on the east side of John Fitch Boulevard, north of Sca tic River. 4 . Application of LoroS and Jennifer Yousefzadeh for a Zone Change from A-20 to GC for property located on the north side of Sullivan AviBnue,. east of Hillside Drive (approximately 9/10 acre) . Copies of these applications and maps more clearly defining the properties are on file in the office of the Town Clerk and/or the Planning Department of the Toi#n of South Windsor. At this hearing, interested parsons may appear and be heard, and written recommendations will e received. PLANNING AND ZONING COMMISSION Raymond F. Hallowell, Jr. , Chairman Marshall Montana, Secretary wN aE <° 4< c • 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 f'�'oSOR-CO AREA CODE 203/644-2511 MEMO RAND UM May 18, 1988 TO: Marcia A. Banach, irector of Planning FROM: Michael J. Gantick,l 11 Director of Public Works RE: Faith Tabernacle Z ne Change Please find enclosed the S A review of the subject application. Should you have any questi ns, please contact me. MJG/j sv cc: Engineering Departmen PZC Correspondence SEA Consultants Inc. April 26, 1988 Engineers/Architects Principals Arnold B.Goldstein,P.E. Frederick G.Aufiero,P.E. r. Michael J. Gantl k P.E. Robert M.Brandon,A.I.A. Stephen H.Geribo,P.E. Eirector of Public W rks David T.Goodemote,P.E. Town of South Winds r Bruce E.Soule,P.E. Kenneth M.St wart,RE. 1540 Sullivan Avenue Anthony J.Zuena,P.E. South Windsor, Conne ticut 06074 Associates Steven L.Bernstein,P.E. Be: Faith TabernacI4 Zone Change Paul F.Gabriel,P.E. Job No. 88126.2 Mark Gould,RE. Michael S.Schultz,P.E. Task Order No. 26 Arthur A.Spruch,P.E. Paul C.Ross,P.E. ear Mr. Gantiek: s requested, S E A onsultants Inc. has reviewed the following for the a ove referenced pro ct: S ieet No. T le Pre aced Date ZC-1 Afea Map LADA, P.C. 3-1988 ZC-2 Existing Zoning M lip " 3-1988 ZC-3 Proposed Zoning Milip, " 3-1988 ZC-4 Conceptual Subdivision St dy " 3-1988 ZC-5 Cil inceptual Subdivision St ady " 3-1988 "'his information was reviewed for compliance with the Town of South indsor Subdivision Al d Zoning Regulations dated July 24, 1972 and s andard engineering ractice. We note the following: GENERAL COMMENTS 11 The existing site of 61.26 acres contains approximately 35 acres of zoned flood plan. Inland wetlands of the S antic River occupy significant portions of the site restricting buildable areas. 2 Based upon our review of the conceptual sub ivision study plans, we recommend 1he following two alternatives: 850 Silas Deane Highway Wethersfield,CT 06109-3412 a. If a zone change is granted, lots 1 & 2 and 19 & 20 should (203)721-7993 be combin d because of the restrieLed buildable areas due to 485 Massachusetts Avenue inland wet d limits. Lot 6 is questions le and lot 7 should Cambridge,MA 02139-4018 (617)497-7800 Citicorp Park West 100 Foden Road South Portland,ME 04106-2319 (207)775-2281 r. Michael J. Gant ck, P.E. SEA Consultants Inc. ril 26 1988 Engine re/Architects p , age Two be elimin ted due to the presence of the'Mobil R.O.W. across the parcel. It should be noted that lots 1 & 12 will require driveways across wetla�d areas. b. Reject the zone change forcing the developer to utilize min- imum lot sizes of 409000 square feet. This would diminish impacts to the wetlands of the Scantic River. f you should have any questions, please do not hesitate to call me. Very truly yours, So E A Consultants ]Inc. ames R. Bancroft, 1I.E. RB:emf M FF T O AND DUFFY, INC. NSULTING ENGINEERS 8 OAKWOOD DRIVE RICHARD L.MOFFITT,P.E. GLASTO BURY,CONNECTICUT 06033 AREA CODE 2 3 JOHN B.DUFFY,P.E. 633-02C 1 May 3, 1988 Mr. Ray Hallowell Chairman of Planning & Zoning Commission Town Hall 1540 SullivanAvenue South Windsor, CT 06074 Re: Faith Tabernacle of Glastonbury Project M&D Project #194-1 Dear Mr. Hallowell: We have studied the im act of the proposed single family 20 unit development along Rout 5 near Scantic Road. A discussion of each of the �opics analyzed follows. Water The Connecticut Water ompany has an existing 16" water main on Route 5 w ich has suffic ent capacity and pressure to serve the development' 3 needs. Sewer There is a 30" sewer m in on Sullivan Avenue. The size is fully adequate to meet the eeds of this project. In order to reach this line, a gravity ain would be placed in the development streets drai ing to a pump tation near the entrance at Route 5. A force main w uld then be ut lized along Route 5 to a point of discharge at, the existing s stem. The force main would be supported on' the bridge cro sing the Scantic River. Drainage All drainage from the roperty would drain in a southerly direction tol, sediment chamb rs and then discharge into the Scantic River. Due to the close pr ximity of the project to the river, detention ponds are not rec mmended. This would allow all runoff from the site to be dischar ed before upstream flows cause high water conditions. It should be noted that the 100 year flood elevation is 32 . 0. All site buildings will be well above this elevation. i Mr. Ray Hallowell Chairman P&Z South Windsor, CT -2- May 3, 1988 Traffic Existing traffic data as been recorded by The Department of Transportation on Route 5 n ar Sullivan and that data has been utilized in this report. The traffic generated Irom this project has been estimated from the Trip Generation Ma ual of the Institute of Transportation Engineers. Peak AM' traffic exitin the site is estimated at 12 trips/hour. Peak PM traffi entering the site is 13 trips/hour. An assumption is made at the distribution going North or South during peak hours is a same as the distribution of current background traffic. From the above data we an state that during peak hours, traffic generated by the sit versus background traffic is as follows: ROU E 5 TRIPS HOUR Northbound Southbound Background P o 'ect Background Project AM 456 3 1286 9 PM 1142 10 977 3 Given that the generate data ranges between 0. 3% and 0.9% of the background data, the lev is of service at nearby intersections would not be affected by thi project. Summary Based on our review of ater, sewerage, drainage and traffic, we find that the planned sin le family development will be fully workable from an engineering oint of view. Very truly yours, ohn B. D , P.E. JBD:wmr MOFFI AND DUFFY, INC. CO SULTING ENGINEERS A r1M Se 4( yT10V� 0 130MtA ?d&U/41�at O � C V m 1540 SULI IVAN AVENUE • SOUTH WINDSOR. CONN. 06074 �'►'os0R-C AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNI INQUIRER SATURDAYr JUNE 25t 1988 EGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING J D ZONING COMMISSION At its June 21, 1988 meeting, the Planning and Zoning Commission voted to take the following tion: 1. Approve, with cond' ions, the application of the Wapping Fair Association, Inc. for a temporary and conditional permit under Sectioi 3.17 .1 of the Zoning Regulations, to hold a fair at the ye Street Park on September 9, 10, and 11, 1988. 2. Deny the applicatio of Rev. Ralph A. Saunders / Faith Tabernacle Church f r a Zone Change from RR to A-20 for property located on the east side of John Fitch Boulevard, north of Scantic Ri er. 3. Approve, with modif cations, the application of Arthur Greenblatt for a Re ubdivision of property at 389 Griffin Road to create 2 to s, A-20 Zone. 4 . Approve, with condi ions, the renewal of the temporary and conditional permit f Electro-Methods, Inc. allowing placement of five 4 ' portable storage containers at th rear of property at 330 Governors Highway. Dated at South Windsor, Conne ticut this 22nd day of June, 1988 . PLAI ING AND ZONING COMMISSION Raymond F. Hallowell, Jr. , Chairman Mar hall Montana, Secretary c' ce 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 ~�s01int.co�� AREA CODE 203/644-2511 June 28, 1988 Rev. Ralph Saunders Faith Tabernacle Church 329 Scantic Road East Windsor, CT 06088 re: -Appl. #88-20P - Saun ers / Faith Tabernacle Church Zone Change - RR to A-20 Dear Rev. Saunders: Please be advised that the Planning and Zoning Commission voted on June 21, 1988, to deny the above-referenced application for a Zone Change for property ori the east side of John Fitch Blvd. , south of Scantic Road. Very truly yours, PLANNING AND ZONING COMMIS ION 1�/ Aond� C�liR F. Hallowell, Jr. Chairman cc: M. Gantick, Public Works Director M. Banach, Director of Planning PZC File 2U-UE c9prf) 0872H/10 - � . R. t:�l1�t'tA 4m HAS CC"'r,'r RETURN DATE: AUGUST 2, 1988 SUPERIOR COURT FAITH TABERNACLE OF GLASTON URY, J.D. OF TOLLAND INC. AND RALPH A. SAUNDERS VS. AT ROCKVILLE PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH WINDSO AND THE TOWN CLERK OF THE T WN OF SOUTH WINDSOR JULY 13 , 1988 a TO THE SHERIFF OF HARTFORD COUNTY, HIS DEPUTY, OR ANY CONSTABLE OF 0 0 3 Z ,� THE TOWN OF SOUTH WINDSOR, N SAID COUNTY, GREETING: Ir m U o BY AUTHORITY OF THE STA E OF CONNECTICUT, You are hereby a 0 $ commanded to summon the PLANNING AND ZONING COMMISSION of the Town 6 F u of South Windsor and the To on Clerk of the Town of South Windsor in 0: d 4 W said County to appear beforethe SUPERIOR COURT within and for the V) o Judicial District of Tollan at Rockville on the First Tuesday of J W W August, 1988, then and therE to answer unto the foregoing Complaint W N of FAITH TABERNACLE OF GLAS ONBURY, INC. of South Windsor and Ralph m A. Saunders of South Windsor ,, b leaving with or at the usual lace a . Y 9 , P of abode of Raymond F. Hallowell, Jr . , Chairman of that Commission, and also with Marilyn W. Burger, the Town Clerk of the Town of South Windsor, a true and attesteel copy of said Complaint and of this Citation at least twelve da s before the return date. The Plaintiffs as principals, and Corinne M. Leccese of East Hartford, Connecticut, as s rety, are recognized in the sum of Two Hundred and Fifty and 00/10 ( $250 .00 ) Dollars to prosecute this appeal to effect and comply with the Order and Decree of this Court. HEREOF fail not, but of this Writ with your doings thereon due service and return make. Dated at Manchester, Connecticut, this 13th day of July, 1988 . u a Howard ood, III o z Commissioner of the Superior Court 3 Ln } m 0 o W d N O U I W Ct!A U Z a W F W U Z U. a O 3 � a J A UE C A T RA OND R. LANZANO. Omu-rY SHERIFF MAWMCMD C OU11" 0872H/12 RETURN DATE: AUGUST 2, 1988 SUPERIOR COURT FAITH TABERNACLE OF GLASTONBU Y, J.D. OF TOLLAND INC. AND RALPH A. SAUNDERS VS. AT ROCKVILLE PLANNING AND ZONING COMMISSIO OF THE TOWN OF SOUTH WINDSOR AND THE TOWN CLERK OF THE TOW OF SOUTH WINDSOR JULY 13 , 1988 U a 0 o APPEAL FROM THE PLANNING AND ZONING COMMISSION O i 3 Ln To the Superior Court for the Judicial District of Tolland at w ' o Rockville on the First Tuesda of August, 1988, Faith Tabernacle of 9 � m Glastonbury, Inc. , a Connecticut non-stock corporation located 1970 w d ' John Fitch Boulevard, South W ndsor , Connecticut, and Ralph A. CL U Saunders , appealing from a de ision of the Planning and Zoning a Commission of the Town of South Windsor, and it complains and says : a z a ° 1. Plaintiff Faith Tabe nacle of Glastonbury, Inc. is and at all pertinent times has been A non-stock corporation organized under W W V Z o m Connecticut law, with an office at 1970 John Fitch Boulevard, South g Windsor, Connecticut. Revere id Ralph A. Saunders is the pastor for and representative of the Faith Tabernacle Church and is an officer of the Plaintiff corporation. 2. Defendant South Wind or Planning and Zoning Commission ( "Commission" ) is the agency designated as having jurisdiction to approve or deny applications or zone changes under the zoning regulations. 3 . Defendant Marilyn W. Burger is the Town Clerk of the Town of South Windsor and a party mandated by Connecticut law. 4 . The Plaintiff Faith rabernacle and the Plaintiff Ralph A. Saunders are and at all pertinent times have been the owners of a total of approximately 17.25 acres in the Town of South Windsor on the East side of Route 5 ( "the property" ) . u 5 . The property is zoned RR, under the Town of South Windsor a Is o0 $ Zoning Regulations. 3 V) cr 6 . By application ackno ledged for receipt by the Commission W ' > m o on March 8, 1988, a copy of which application is attached hereto as 0 Exhibit A. the Plaintiffs applied to the Commission pursuant to N applicable sections of the Town of South Windsor Zoning Regulations o ji for a zone change to A-20 for their property. a L CrLn 7 . A public hearing was held on May 31 1988 . z a 8 . On .Tune 21, 1988, the Commission denied Plaintiff' s a W Zapplication for a zone change. LL Q 3 m 9 . The Commission gave three reasons for its denial: Q r J a. Traffic and gene al quality of life along Route 5 . b. Failure to conform with the ' Town's plan of development; C. Lack of sanitary sewers . 10 . The decision was pu lished in a newspaper on .Tune 25 , 1988 . 11. The Plaintiffs are a grieved by the decision of the Commission because they own t e property. 12. The Commission acted illegally, arbitrarily, and in abuse of the discretion vested in it, in that: a. There was no evi ence that traffic congestion would result from the zone change ; b. There was no evi ence which would support the denial of d 8 the zone change ; 3 c. There was no leg 1 basis in the record as a whole to w o support the Commission's deci ion. o � m d. The Plaintiffs i dicated they would install sanitary w & N ' sewers for the property. CL e. The zone change, if granted, would conform with the a IA x Town Plan of Development. In z a w , f. There was no evi ence that the quality of life on Route = W a w W N 5 would be diminished as a re ult of the zone change. z a 3 m WHEREFORE , the Plaintiffs claim: a J 1. That the Court enter an Order directing the Town of South Windsor Planning and Zoning C mmission to issue an approval of the zone change. 2. That the Court vacate the Commission ' s decision. 3 . That the Court grant such other and further legal and equitable relief as it may deem just and proper. Dated at Manchester, Connecticut, this 13th day of July, 1988 . PLAINTIFF , BY Howard M. Wood, III Phelon, Squatrito, FitzGerald, Dyer & Wood, P .C. 773 Main Street a § Manchester , CT 06040 g (m Its Attorneys 3 m Please enter the appearance o o Phelon, Squatrito, FitzGerald aDyer & Wood, P.C. , 773 Main S reet, ac o Manchest , CT 06 40 , Juris N 02560 , N O in this ctio F- SbYj UL H wdrd M. O , W u°1 u z a O 2 W aW . fr W u z FL Q o 3 M a J UE � T Pr Rol ONU LANZAN4 Og'P'UTY SHERIFF HARTPORO COU"t.'r �44 T U E C Y A 0 8 7 2 H/16 RA ND R. LANiANG, U U T'Y BHEF?IRP 14AR7iPORb eriumyy RECOGNI51ANCE WITH SURETY You, RALPH A. SAUNDERS an FAITH TABERNACLE OF GLASTONBURY, INC. , a Connecticut nonstock dorporation acting herein through Ralph A. Saunders, its Pastor, as p incipals, and CORINNE LECCESE, of 773 Main St. , Manchester, CT 06040 , as surety, acknowledge yourselves jointly and severally bound u to the PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH WINDSOR and the Town Clerk of the Town of South d g ° Windsor in recognizance of $2 0 .00 that the principals shall 3 Lq 1Z ; prosecute to effect the appeal which it has taken against the w ' o PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH WINDSOR and the Ma 9 � Town Clerk of the Town of South Windsor brought to the Superior U. Court in and for the Judicial District of Tolland at Rockville, 69 o ,. Brooklyn Street, Rockville, C nnecticut on the First Tuesday of a I August, 1988, and that said principals shall comply with the orders z a o and decrees of said Court, anJ that said principals shall pay any W costs for which Judgment may a rendered against him. E Z o 3 � a J PRINCIPALS: Faith Tabernacle of Ralph A. Saunders, Individually Glasto bury, I . BY Ral#hA. sunders '7Q 4Z Ra h A. Saunders SU TY: 'Corinne Leccese Taken and acknowledged at Manchester, Con ctic , this 13th day of July, 1988, before me, a Commissioner o e e ' or Court. Ho and M. goodi, III Commissioner of the Superior Court