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
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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.
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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.
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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.
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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•
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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
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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„ /�(/ •
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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
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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
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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
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,� THE TOWN OF SOUTH WINDSOR, N SAID COUNTY, GREETING:
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o BY AUTHORITY OF THE STA E OF CONNECTICUT, You are hereby
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0 $ commanded to summon the PLANNING AND ZONING COMMISSION of the Town
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F u of South Windsor and the To on Clerk of the Town of South Windsor in
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4 W said County to appear beforethe SUPERIOR COURT within and for the
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o Judicial District of Tollan at Rockville on the First Tuesday of
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W August, 1988, then and therE to answer unto the foregoing Complaint
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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
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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 .
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a Howard ood, III
o z Commissioner of the Superior Court
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RA OND R. LANZANO.
Omu-rY SHERIFF MAWMCMD C OU11"
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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
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0 o APPEAL FROM THE PLANNING AND ZONING COMMISSION
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To the Superior Court for the Judicial District of Tolland at
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o Rockville on the First Tuesda of August, 1988, Faith Tabernacle of
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m Glastonbury, Inc. , a Connecticut non-stock corporation located 1970
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' John Fitch Boulevard, South W ndsor , Connecticut, and Ralph A.
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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 :
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° 1. Plaintiff Faith Tabe nacle of Glastonbury, Inc. is and at
all pertinent times has been A non-stock corporation organized under
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o m Connecticut law, with an office at 1970 John Fitch Boulevard, South
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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
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$ Zoning Regulations.
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6 . By application ackno ledged for receipt by the Commission
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on March 8, 1988, a copy of which application is attached hereto as
0 Exhibit A. the Plaintiffs applied to the Commission pursuant to
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applicable sections of the Town of South Windsor Zoning Regulations
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ji for a zone change to A-20 for their property.
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7 . A public hearing was held on May 31 1988 .
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8 . On .Tune 21, 1988, the Commission denied Plaintiff' s
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Zapplication for a zone change.
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3 m 9 . The Commission gave three reasons for its denial:
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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
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the zone change ;
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c. There was no leg 1 basis in the record as a whole to
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o support the Commission's deci ion.
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m d. The Plaintiffs i dicated they would install sanitary
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sewers for the property.
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e. The zone change, if granted, would conform with the
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w , f. There was no evi ence that the quality of life on Route
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3 m WHEREFORE , the Plaintiffs claim:
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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
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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 ,
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in this ctio
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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
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g ° Windsor in recognizance of $2 0 .00 that the principals shall
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1Z ; prosecute to effect the appeal which it has taken against the
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o PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH WINDSOR and the
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Town Clerk of the Town of South Windsor brought to the Superior
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Court in and for the Judicial District of Tolland at Rockville, 69
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Brooklyn Street, Rockville, C nnecticut on the First Tuesday of
a I August, 1988, and that said principals shall comply with the orders
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o and decrees of said Court, anJ that said principals shall pay any
W costs for which Judgment may a rendered against him.
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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