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Home My WebLink AboutZONE CHANGE TO MF-AA AND GENERAL PLAN (D • TOWN OF SOUTH WINDSOAt CONNECTICUT NING COMMISSION � ,,f 1 � PLA,VNING AND ZO 67WI4y APPLICATION FORM jUN 27 198P �� 5-r�p M South Windsor App. No• I. PORT '`TT. So& Zoning_Commi sion Date Received: •� .-; �+�a='lzt sta_.. Hearing r in B : Planning and Rng i=1ee"1S D c lication Public Y determine aP. require 14 days to completeness- To ensure 'eceit is tfstrongly Receipt No• complete application by P�C� application be suc�%-t=ed • reco=ended that the t which aP. �• 14 days prior to the Regular Meeting a ftr.t.Hot ' � it will be received. APPLICANT: Jeffre TELEPHONE: 644-347� ADDRESS : c/o Michael J. Lanza P. ON LAND RECORDS : Norma y Sulliva h ADDRESS : v off- s' jl �-veu -�:"� Ac✓t< COMPLETE LOCATION OF PROPERTY' ZONE:_ — S-OvJA 0(r— Ple_v�-e' D NUMBER OF PERSON TO WHOM INQUIRIES SHOULD BE NAME, ADDRESS & TELEPHONE DIRECTED: Michael J. Lanza 110 Elli TELEPHONE: 64 4-347' FOR: (Check one of the following) THIS APPLICATION IS required) x 1. Zone Change to MF-Aq(Public hearing 2. Subdivision required) e Subd open Space (public hearing 3 . P d) 4 . Resubdivision (public hearing require (public hearing required) 5 . Special Exception to Article 6 . Site Plan of Development 7 . Earth Filling (Section 10 ) and/or Earth Removal (Section 9 ) (public hearing required) g . General Plan of Development x Zoning Subdivision 9 . Regulation Amendment: 10 . Other (-explain in detail). THE APPLICANT AND OWNER OF THE P ROPERTY THIS APPLICATION MUST BE SIGNETHajI`{ SETS OF THE MAPS (7 public g AND SUBMITTED IN TRIPLICATE DOCUMENTS (see page 2) � is required) AND OT ER V Owner Applicant f usumano Norman Priest TO NN OF SOUTH. W-Ar.DSOR, CONNECTICUT PLANNING AND ZONING COMMISSION APPLICATION FORM This appl'.cation is caMpletQ and r'�,-y fcr Plznnins & Zcni^c Corur;.ss _or. receipt only upon subm.issior. of all required documentation, �inclu�_in but not necessarily limited to, the followingitems . Not all item a required with every application. See aac 1 i ' � s are Windsor zoning and s•ubdivilion ±�, - able sections of the :south regulations tions for speci is eq,u i re-.�.-is . APPLIC 3'r'IC*j C`iECKL I ST 1. Key Map 2. Architectural Elevations/Floor Plans 3 . Completed application form (in triplicate) 4 . Required fees 5 . Zone Chance, Site Plan, Subdivision, Open Space Improve- ment, and/or General Plan of Development maps , in accordance with regulations. (Six sets - seven if public hearing requir `6 - Plans u Profiles/Drainage Calculations 7 . Conservation Plan B . Landscaping Plan 9 . Traffic Engineering Report 10 . Narrative Statement 11. Sanitary Report 12. Copy of agreement to purchase land (if not the owner) 13 . Other ALL PROSPECTIVE APPLICANTS ARE URGED TO CONFER WIH TOWN Pr_,ANIv;-N , DEPARTMENT AND ENGINEERING BUREAU STAFF PRIOR TO SUBMISSION OF Arvy APPLICATION TO THE COMMISSION. CONSULT PLANNING DEPARTMENT FOR FEE SCHEDULE. We, the citizens of South Windsor oppose the construction of a bypass road linking Clark Street and Sullivan Avenue. The following points summarize our position: 1 . The proposed bypass road does not solve any traffic problems—only spreads the problem of the five corner intersection around. A. The proposed bypass road would result in a slower commute since all traffic presently going through a single light at the five corner intersection, would be forced to go through at least two traffic lights. (Traffic lights would be required at Clark & Ellington, Deming & Buckland and the bypass road and Sullivan Avenue). B. Substantial renovations would have to be made to Clark Street and Deming Street which are both narrow rural roads. (New subdivisions would be required to build streets 2 to 3 times wider than the present roads; the sharp kink at the old Hayes Homestead would have to be straightened, etc.). In addition, all renovations on these two roads for the bypass proposal would be at the expense of South Windsor taxpayer's. However, improving the problem itself, the five corner intersection, would be at the expense of the state. C. The intersections of Clark & Deming would need to be totally realigned to improve sight lines and a traffic light may be ultimately required. 2. Condemnation of the original South Windsor land trust property located on Ellington Road should not be allowed. 3. The proposal would result in the needless destruction of a stable high quality residential neighborhood. 4. The proposal is really being done to encourage the urbanization of the entire five corners area. The main beneficiary of the proposal is an out of town developer and not the residents of South Windsor. ADDRESS _ � --- -- - -- - -- ----- ---- - --' --- -- '--- -mac -�� - - -- ! � w,, l Qom_ --- - —_� _ Alowdjllam _ - s NAME ADDRESS -L---- --= rJ_S_i� ��----------------------- �-�- ----_--, --- --- E-02 / -� ------------------------ doe- -- 4 ` -`----------------- AIP ---- - �—'�----! ------''-------------------- ------------------------- -------------------- ----------------------------------------- ----------------- ---------------------------------------- ------------------- ----------------------------------------- ------------------- --------------------------------------- -------------------- _-------------------------------------- -------------------- ------------------------------------- ------------------ ---------------------------------------- -------------------- ---------------------------------------- ------------------------------ ------------------------------------- ------------------ ----------------------------------------- ----------------------------------------- ----------------------------------------- ----------------------------------------- ----------------------------------------------- ---- --------------------------------------- ----------------------------------------- ------------------- --------------------------------------- --- -------------------------1'----------- We, the citizens of South Windsor oppose the construction of a bypass road linking Clark Street and Sullivan Avenue. The following points summarize our position: 1 . The proposed bypass road does not solve any traffic problems...only spreads the problem of the five corner intersection around. A. The proposed bypass road would result in a slower commute since all traffic presently going through a single light at the five corner intersection, would be forced to go through at least two traffic lights. (Traffic lights would be required at Clark & Ellington, Deming & Buckland and the bypass road and Sullivan Avenue). B. Substantial renovations would have to be made to Clark Street and Deming Street which are both narrow rural roads. (New subdivisions would be required to build streets 2 to 3 times wider than the present roads; the sharp kink at the old Hayes Homestead would have to be straightened, etc.). In addition, all renovations on these two roads for the bypass proposal would be at the expense of South Windsor taxpayer's. However, improving the problem itself, the five corner intersection, would be at the expense of the state. C. The intersections of Clark & Deming would need to be totally realigned to improve sight lines and a traffic light may be ultimately required. 2. Condemnation of the original South Windsor land trust property located on Ellington Road should not be allowed. 3. The proposal would result in the needless destruction of a stable high quality residential neighborhood. 4. The proposal is really being done to encourage the urbanization of the entire five corners area. The main beneficiary of the proposal is an out of town developer and not the residents of South Windsor. NAME ` , ADDRESS A --- �• S�—cX,�— --Z2Aftj �' -_moo �nc�so r ------------- E�_��h�[-_ . -------------------- ----------------------------------------- ----------------------------------------- ---------------- ------------ I ;2! MUSUMANO ZONE CHANGE 1 . This site is a 74 .06 acre situ currently oned RR, located on the' west side f Sullivan Ave,---, The propo 1 is to change 5 .5 ac?e. from RR t;RO and acres from to MF-AA. The apcant is r uesting 108 condominium units on the MF site, and anipating 0,000 square feet of offic development on the RO si . 2. The total MF-AA parcel contains 68.5 acres. Of the 68.5 acres, 40 ,,acres cannq;t� be counted #,oward density because o wetlands,` slopes, f oodplain , d ention and ,easements. .-Thus, densit ,�is comput on 28.39 ac B. Th:160�3.x7 imum le�ns' 'y on the site ' s 4 .5 unit per acre or 27 unitsr this g • units which units /ac e. appl cant is ro osing 108 , S VW--) ham .n This application includes a proposal to provide approximately 50 acres of open space, which consists of the southerly 45 acres including the land under the electric transmission lines; and about 6 acres of land in the northwest portion of the site. Town staff ave estimated that there are about 21 acres of designated wetlands within the 45 acres south of the power lines. Both proposed parcels of open space abut other open space holdings of the Land Trust, thus fostering an integrated network of contiguous open space parcels. The Town's environmental officer has done some preliminary investigations of the 78-acre parcel, and has indicated that the development as proposed is on the part of the site where it will have the least environmental impact. The area included within the power lines and land south of the power lines contains much evidence of wildlife, including a pond with ducks, and deer. Acquisition of this parcel by the Town would result in not only protection of the sensitive wetland area, but preservation of a scenic vista from Sullivan Avenue. 4 . One of the major concerns regarding this project is traffic impacts, and the a.m. and p.m. peak hours are the times of greatest concern. The applicant's traffic engineer has estimated that about 36 vehicles would exit from the condominiums and go south; and about 53 vehicles would enter the offices during the a.m. peak from the south. During the p.m. peak, about 34 vehicles would enter the condominiums from the south, and about 51 vehicles would exit the office use and travel south. (Note. figures obtained by applying arrival/departure distributions in figures 5, 6, 7 to projected peak hour traffic in table 1. ) This traffic would create an added burden to the 5-corners intersection. The pr osed b ass road is part' ularly beneficial in addre sing t ' s problem. n li t of the P1aza,,,/dt Buckland Hills pro sed i erim traffic i ovements at 5- rners, the,.bypass ro d prop ed by the appl' ant adds anoth dimension to the z - ability of t road netwo k in 5-corners vici ''ty to handle traffic. T e applicant' traffic engineer h estimated that 10- 15% of th condomini traffic would diver onto the proposed,,,-` bypass; nd about 25 of any retail traffic would divert ontd` the propos bypass . a combination of th diversion of a portion of th new traff i plus the ability of the improved 4-corners to hand a traffic f ows would provide a ajor relief to the 5- cor rs interse,- tion. The traf f i¢' engineer has estimated that the addit' 'n of the proposed ypass road plusXIntersection improvem is to 5-corners would sult in level o service increase at corners from ��to C dur' g the a.m. pea , and from F to D dur' g the p.m. p Also Clark St. at E ington Road now oper tes at LOS F uring the a.m. peak and S E during the p.m. ak. The new ypass ro d would increa the LOS to C during he a.m. pea and to B or during the p.m peak. The intersecti of the new bypass and ullivan Avenue is expected to operat at LOS B during the a.m. eak and C duri g the p.m. peak. During its deXiberations o4ean plications for develo nt of the Town Shoppi Center and T Office Park, this c ission has worked diligently to ens interconnected ne ork of accesses from Buck and Rd. to C1 k Street. The propos bypass road makes th t effort of t is Commission emminent worthwhile, by providi g a means whe eby a large chunk of t at town shopping center traffic can c mpletely avoid the 5-co ners yet still do their eceBsary shopping. The entrance to the office/condominium project itself has two alternat'ves: (1) the.-,AF site as proposed has ample frontage, on Sulliva Avenue, t s allowing the sLte access to be a private acces drive unde the maintenance the condominium asso iation. Up n the deeding of/the open space to the'"town, the fro tage would a lost, resulti in a nonconforming lot after ap oval. (2) the entrance dr' a could be a town road, co structed t town standard , which would give the MF lot the necessary fr tage. I would note that LOS projections for the applicants own site entrance drives range from D to F during peak hours, indicating that vehicles will still have difficulty making the left turn movements. Sullivan Avenue should be widened to provide deceleration lanes in the vicinity of the site driveways. 5 . State Traffic Commission approval would be required at the site plan stage. 6 . This application also includes provisions for 10% of the units to be affordable units (11 units) . As this Commission is aware, the Town is in the process of addressing lack of affordable housing through a Mayor-appointed Housing Task Force. This application is very timely with its proposal for affordable 14 i units. 7 . Sanitary sewerage is proposed from Pierce Road. The Supt. of Pollution Control has indicated that there is available capac�ty. WPCA approval is required. 1 S - v� am✓c 8 . Public water would be provided by a water line extension in Sullivan Avenue. a �.� r s , °. r W ate✓ Co 2 z �„`«-(`to l,Ice. -�O "AA l (e 44&--r-v C w C, rya `ftu re cclY•� 9 . A 25' buffer is required wherever the MF zone abuts a lower density residential zone or a commercial zone. Where appropriate, these buffers have been shown on the general plan. The closest condominium building to Sullivan Avenue is about 4501 , the closest building to Pierce Road is about 5501 . 10. Required parking of 2 spaces per unit has been provided. All parking areas are removed from principal streets . 11. Required developed recreation area of 600 sq. ft. per unit has been provided. r- 12 . Five phases of � ut 20 units per phase are proposed. 13 . There are regulated wetlands on site. All units are a minimum of 40, from regulated wetlands, per our wetlands regulations . This application-would need IWA/CC approval at the site plan stage. 14 . The Town Plan depicts this property as Residential, and indicates that the most appropriate land uses within this category includes suburban residential multi-family homes, non- contiguous to similar developments, at a density of 1 to 4 .5 units per acre; plus all other categories of residential development, including single family lots and DA-15 cluster developments. 15 . In spimmary, I would represent to this commission that it would appear that the benefits outweigh anyr.,,hdverse impacts which might ccrue. The devselopment would contribute traffic to an, alrey-congested intersection, but the-,,,Applicant is willing: to provide substantial relief in the form of the bypass road. /}The Town would acquire about 50 acres of -land, contiguous to lend trust property, which would remain open space. The issue ,pf Affordable housing would be addresseod with provision of 11 units of affordable :'nousing. The Town's tax base would be increased with the provision of office space. I would therefore reeem *�& this Commission that consideration be given to approving the zone change request. I would that this commission continue this public hearin until such time as the Council has acted On the contract for p0vision of the bypass road `(iuUC-1 " Volun>te 519 Page N° 260 Of Y� Ow"bW%nd MoN Swr..bft QUR•CL1WD® in AE MX Y ' To all People to whom these Presents shall come, Greeting: b r- ii KNOW YE,THAT I, DAVID B. WEBSTER, of the Town of South Windsor, County of ff Hartford and State of Connecticut, � f f r divers forll i good causes and considerations thereunto moving,especially g consideration other than money I �` received to my full satisfaction of THE SOUTH WINDSOR LAND I! CONSERVATION TRUST, INC., a Connecticut, nun-profit corporation with its principal E place of business in the Town of South Windsor, County of Hartford and State of , i Connecticut, `Y have remised,released,and forever quit-claimed,and do by these presents,for ' j myself and my and heirs,justly and absolutely remise,release,and forever ; ti ;j QUIT-CLAIM unto the said THE SOUTH WINDSOR LAND CONSERVATION TRUST, INC., its Jwkzw A assigns forever,all such right and title as I the said DAVID B. WEBSTER 0 have or ought to have in or to A certain piece or parcel of land designated as parcel to be conveyed by David B. i Webster as shown on it map entitled "Property of David B. Webster Ellington Rend South I Windsor Conn. Scale 1" 0 601 Mar. 1973 Additions May 1986 Petersen 6 Hoffman, L.S.", { said piece or parcel of land being bounded and described as fullowns j; Commencing at a point which point is 218.81 feet northerly of tic northerly line x i! f Ellington Road and which point marks the southeasterly corner of the herein it a nveyed parcel; thence northerly, 197.00 feet more or less to a point in the (! southerly line of land now or formerly of Norman P. Priest as shown on said mnpl thence westerly, 805.00 feet more or less along the southerly line of said land now ' or formerly of Norman P. Priest to a point in the easterly line of land now or f rmerly of Harmony 0. Bolstridge; thence the line turns southerly at an interior i �f angle of 91° 34' along land now or formerly of Harmony 0. Bolstridge and Martha E. =3 I� Williams, in part by each, 194.2 feet to a point; thence at an interior angle of I{4 L 880 48' in a line running easterly along the northern boundary of land now or formerlyi of the grantee herein, 831.60 feat to the point and place of beginnin8. tInis conveyance is made upon the express condition that the property herein f 1 Ie nveyed shall be hold by the grantee for conservation purposo■ only and that the grantee shall maintain the property in its natural state. In the event that said I condition is broken by the grantee, its successors and or assigns, title to the !` herein conveyed property shall revert to the grantor, his heirs, successors and/or Eassigns. WNYEYAMCE TAX RECE1VE0 STATE i..__..LOCAL i NO CUP—X W—f1V vt ow -r Volume 519 Page N° 261 E F , s To Have and 7b Hold the premises unto THE SOUTH WINDSOR LAND CONSERVATION TRUST, INC. and to its llj Id 1E<ssigns,to the only use and behoof of IT its Xh6ft%d assigns forever,so that neither I ,the said DAVID B. WEBSTER i nor any person or persons In NY namels)and behalf,shall or will ++ hereafter claim or demand any right or title to the premises or any part thereof,but they and i every one of them shall by these presents be excluded and forever barred. i i IN WITNESS WHEREOF, 1, DAVID B. WEBSTER ha ve hereunto set my hand this 24th day of February 19 87 Piped and orUrorrd In 1he po•enoo aft A'M or Mue wawo Mow rrei ol/wow M j Uavid�L. Schulman David B. Webster ' f • •.....� ....... ....•............... ..•...r..••.•.••.• Patricia Des Jardins ij R fi t� ...................................... ...................................... -� STATE OF CONNECTICUT, � ss, SOUTH WINDSOR �- COUNTY OF HARTFORD February 24 1987 j� Personally Appeared DAVID B. WEBSTER f Signer(s)of the foregoing Instrument,and acknowledged the same to be his jfree act and deed, before me. L David L. Schulman AUNI(RiMXYX#rA tit/Co..doolows of SWwior Cow STATE OF CONNECTICUT. j COUNTY OF 19 Personally Appeared as aforesaid.Signer of the foregoing Instrument.and ' acknowledged the same to be free act and deed as such j t and the free act and deed of said corporation/partnership,before me. i 4 rantees'Address: ...........•....... ..••••••••.••.••• ............X.1 ..... � Pkbk/A,/n..a./Cawo�tulmN q/s./a*w Coov r ,, ..4........ She � . µ,pi, Famm FOR y a► tnR ,�� J n-,--;-Atant Town lark I _ J s , tprM at' ale siauA V&U&Ot _ `c~ 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 .0 AREA CODE 203/644.2511 December 3, 1987 Marcia Banach, Town Planner Town of South Windsor 1540 Sullivan Ave . South Windsor Ct . 06074 Dear Marcia; The South Windsor Agricultural Land Preservation Advisory Com- mission takes this opportunity to offer recommendations from the Commission regarding the property owned by Mr. Norman Priest. During recent discussions with the proposed developer and current property owner, a clear picture has emerged. The focus sharply portrays how the goals of all concerned parties can be realized .The goals of the property owner and the developer can be met , at the same time pr s rving substantial farmland and other open space values for the resid nts of South Windsor . The Commission has reached these conclusions : 1) SWALPAC takes no stand either for or against the proposed zone change application . 2) That if the property is to be developed that any development should take place on both the East and West sides of Sullivan Av nue; and North of the Northeast Utilities transmission corridor only. 3) No development should take place directly underneath and South of the transmission corridor , and in any other areas of the property not suitable for building . SWALPAC feels that the above recommendations are reasonable and proper for the site , for these reasons. a) That this proposal would preserve approximately 18 acres of Prime farmland . b) A tremendous variety of open space, including wooded uplands meadows and wetlands sheltering substantial wildlife pop- ulations would be protected . c) Hill ' s Grove, a historic site known to many South Windsor residents would be intact . is Banach .de 2 jecember 3, 1987 d) Our - recommendations are in concurrence with the Town• Plan ' s environmental , open space, and land use goals . The areas recommended for preservation are contiguous to other protected open spaces to the immediate South and West . The S.W. Land Conservation Trust properties and the Podunk River flood plain comprise these boundaries. The areas proposed for permanent preservation on this property , added to the existing open spaces, would form a substantial area of 'open space and natural resource conservation benefits to the residents of South Windsor . With this proposal , and possibly with subsequent development proposals of other sites, mixed use development scenarios should be examin d . SWALPAC stresses that the Planning and Zoning Commission, th Town Planners office, and the residents of South Windsor look towards the future of South Windsor with afar reaching vision. As th pressure to gr.ow intensifies , it is incumbent upon all Of us to utilize our maximum creativity and flexibility to accomodate sensible growth with open space and natural resource protection. By applying these creative, decisive , and visionary methods now, we can safeguard the same benefits we enjoy today for the future residents of our Town . Sincerely , L� Robert E. Marigliani Vice Chairman South Windsor Agricultural Land Preservation Advisory Commission EXHIBIT F S'U&l4o�N •e,� V&U&Ot s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �, ��► AREA CODE 203/644.2511 December 17, 1987 RECEIVED. Marcia Banach, Town Planner •T wn f South Windsor SEP 19 1988 1540 Sullivan Ave. South Windsor Ct. 06074 90. WINDSOR PLANNING DEPT. Dear Marcia; On Monday Dec. 14, 1987 SWALPAC held a special meeting. NAt that me ting the pending application Patrick SWALPACusumano for agreed upon the following; an Priest property was again discussed. 1 ' We stand firmly behind the recommendations that were submiitte d to you on Dec. 3, 1987. We believe these recommendations ar reasonable and proper for the development of this aturalproperty, while incorporating farmland, open space, and resource preservation. 2) That another value be included into our recommendations. sThe area known as Hills Grove, near the pond on site, buffer a series of natural springs. These springs represent a potential source of drinking water to the Town of South Windsor if the need should arise. Therefore, protection of this natural resource should receive the highest priority. 3) The development of a bypass road through this property bhtwe n Sullivan Ave. and Ellington Rd. would wildlifeseriously habitat , and considerable farmland, open space, water resources that comprise this area. Wederecommend avoiding this consideration because of the ntal consequences to these natural resources. Sincerely, Bob Marigliani, Vice Chairman South Windsor Agricultural Land Preservation Advisory Commission 0092 1 �16 STEVEN D. Wmmm, js. • Salisbury Heights New Hampshire February 12, 1988 The Officers and Directors South Windsor Land Trust • Gentlemen: The purpose of this letter is to explain as best I can Martha's intentions when in 1976 she gave the Land Trust what we called then the "East Lot". A little bit of history first. One of Martha's ancestors (a Stoughton) was one of the Windsor settlers who was granted part of "Windsor Farms" - the land across the river from the Town of Windsor. I think this occurred in the mid sixteen hundreds. We always thought that part of the original grant that was farthest east remained or reverted to the family after the rest of the piece had gone to other owners either by sale or inheritance. Martha was the last of this branch of the Stoughton "tribe" and had a strong wish that some part of the "ancestral acres" be preserved as a monument to her forebears. She also wished to have some of the acreage kept as a reminder of the rural nature of the town when she was young and when her ancestors were alive. The gift to the Trust fed both her strong family feeling and her love for that part of town where she had spent her life. To us the Land Trust was the only vehicle available to accomplish her wishes. It was a permanent organization not subject to political changes. As you know, there has been one change made in the parcel of land that was deeded to the Trust in 1976. This occurred when a strip on the east end was traded with Dave Webster for his acreage to the north. I approved this exchange having in mind that the result was to strengthen the objectives of the original gift. The result has been to preserve the appearance of the lot as a piece of farm land. Now we are confronted with the idea of putting a roadway through the lot. Clearly, if this is done, the whole character of the piece changes and Martha's wishes all are thrown out. 1 1. i1 • I must object strongly to this notion. If anyone will walk by the lot as is and use his or her imagination slightly, he would see what this part of town must have looked like in past years. If he will then really exercise his imagination and visualize the appearance with a paved road bisecting it, he will find that the previous picture is no more. There must be other solutions to the traffic problem that this proposal seeks to solve which do not do violence t the notion of preserving a unique part of town history. Very truly yours, Ste Wil lams, Jr. Musumano Zone Change Request - Planning Department Review Proposed Pro ect - .108 condominium units - 50,000 square feet office development - Sewerage to be from Pierce Road, water from Sullivan Avenue Traffic - projected traffic pm peak hour after Buckland Hills mall opens: 1166 vehicles heading north on Buckland rd. thru 5-corners - 55 turning left at 5-corners, 610 going straight to Sullivan Avenue, 422 heading up Ellington Rd (Rt 74) , 79 turning right onto Oakland Rd. (rt. 30) - Projected weekday volume from Mall is just under 40,000 vehicles per day total; 9% of that total is expected to use Buckland Road (4,000 vehicles per day) ; about 20% of that volume is diverted traffic, for total of about 3200 new trips per day on Buckland Rd. - current traffic volume of Buckland Road is in excess of 16,000 trips per day - expect that persons using Buckland Hills Mall from towns north of us will continue using Buckland Road; however, with addition of Musumano road, South Windsor residents will have an alternative to using 5-corners. Road Alignment - Road cannot be moved east of Clark St because it will come too close to 5-corners, and will not serve the required purpose if vehicles have to make a right onto Ellington Road, then a left onto the new bypass road. - Road cannot be moved west of Clark St because of encroachment of the Podunk River; and it will not serve the required purpose if cars have to make a left onto Ellington Road, then a right onto the new bypass road. - Road cannot exit onto Pierce Road because it will encroach on the Podunk River; and it will not serve the required purpose without the 4-way intersection provided at Clark St. Future Development Vicinity of 5-Corners - Waldron property, corner Clark/Ellington. - Archdioc s property, 225+ acres west side Buckland Rd; Comprehensive Plan d signates for future office park. - Town Shopping Center. - 80+ acres corner Smith/Clark. - Priest property, Sullivan Avenue (if not now, then in future) . Status of local, state, federal projects 1. Chapel Road: in rights-of-way acquisition phase; construction anticipated to begin in 1989 2 . Buckland Road/5-Corners improvements: in preliminary design staage; construction anticipated to begin in 5+ years 3 . I-291: under design; construction anticipated to begin in early 19901s; half-interchange just west of Clark St. 4 . Clark Street: (Town capital project) in preliminary design 5. Deming Street (Town capital project) on capital projects list; culvert replacement completed 6 . Plaza at Buckland Hills improvements: Environmental Features - Town to receive 45 acres+ including power lines plus land south of power lines, plus 6 acres of land north of power lines through which the Podunk River flows - approx. 21 acres of the 45 is wetlands, rest is not. The non-wetlands areas are located along Sullivan Road frontage; these acres are prime for building - natural features of the 45 acres include a viable duck pond in the southeast section; wooded area in the southwest section - Addition to a system of protected properties that currently includes Land Trust property of about 7 .5 acres to the south and about 11 acres to the west - Wildlife species that inhabit and use the site are numerous and diverse, particularly within the wetlands areas, and include deer, ducks, and raccoons - Preservation of this property is consistent with the Town of South Windsor's plans for open space protection. The property is located within the Town Center, an area which is experiencing growth and thus losing its "rural" flavor. The addition of the 50 acres will help to preserve the appearance of a rural community center. - The area planned for preservation is the most environmentally sensitive portion of the site; the development will occur on the least sensitive portion - There are no aquifers contained on DEP's aquifer maps . - The recently-updated Town Plan of Development indicates the following goals for open space acquisition: 1. Open space parcels should be of sufficient size and bulk to to valuable. . .small parcels should be avoided. . . 2 . Open space should be acquired throughout South Windsor, including. . .streambelts; areas with sensitive environmental features such as flood plains, wetlands, steep slopes, and areas with unique flora and fauna. � it FVSS8c0' 8M consulting engineers June 13, 1988 Marcia Banach Town Planner . Town of South Windsor, CT 1540 Sullivan Avenue South Windsor, CT 06074 Dear Marsha: Accompanying our General Plan of Development as required by the zoning regulations, the following report addresses the feasibility and impacts of the stormwater drainage, sanitary sewer and water service for the proposed projec-:. Stormwater: Presently, the site drains in a westerly direction into the Podunk River. Our proposed site will also drain in this direction, thereby not diverting any stormwater out of it's natural watershed. The stormwater from the proposed site will enter a detention basin which will detain the flows such that the peak flows entering the Podunk River from the proposed site will not be any greater than the existing flows, leaving the site. Since the proposed peak flows will not exceed the existing peak flows there will not be any impacts to existing downstream drainage facilities. The detention basin shown was sized to handle the flows from the condominium complex as well as the office and/or retail uses proposed along Sullivan Avenue by Mr. Musamano. Sanitary Sewer: The site will be graded to drain to the west, thereby allowing the on-site sanitary sewer to flow by gravity in the same direction and will connect to the existing sanitary sewer on Pierce Road. An easement shall be obtained from William and Jeanne Mangino of 272 Pierce Road to allow for construction, maintenance and access to the line. According to Fred Shaw of the Town Engineer's office, enough reserve capacity exists in this sewer to date for our proposed development. An existing pump station downstream also has enough capacity to handle our sanitary flows. 146 HARTFORD ROAD / MANCHESTER, CONN. 06040 / TEL. (203) 646-2469, FAX. EXT. 307 SOLID WASTE MANAGEMENT•WASTE WATER SYSTEMS•EROSION CONTROL•WATER SYSTEMS•HYDROLOGY and DRAINAGE SYSTEMS•SITE PLANNING HIGHWAYS and BRIDGES•SURVEYING•LANDSCAPE ARCHITECTURE•TRANSPORTATION and TRAFFIC 9 PUBLIC WORKS MANAGEMENT 9 HYDROGEOLOGY �o Marcia Banach June 13, 1988 Page 2 Water Presently, water main does not exist in front of our site on Sullivan Avenue and no water main exists nearby on Pierce Road. We are proposing to extend a 12" main which exists near Sand Hill Road down Sullivan Avenue to our site. This main is owned by the Connecticut Water Company, and has a static pressure of 95 psi and residual of 87 psi at a flow of 1100 gpm. We will serve the site from the extended main. Several hydrants have been shown on the plans at the direction of Fire Chief Bill Lanning. Very truly yours, Very truly yours, William D. O'Neill, PE Dean E. Audet President /PJ g 87-350 Corres. 0613ABAK.3 LAW OFFICES It/ CUMMINGS AND LANZA 1610 ELLINGTON ROAD POST OFFICE SOX 667 SOUTH WINDSOR.CONN.06074 (203)644-3473 HAROLD R.CUMMINGS EDWARD R.KUEHN MICHAEL J.LANZA OF COUNSEL June 28, 1988 Raymond Hallowell ��! Chairman Planning and Zoning Commission ' South Windsor Town Hall 1540 Sullivan Avenue AA `'R 1988 South Windsor, CT 06074 South Windsor Re: Application No. finning, &.: Zoning., CWmission IVVSUIn$,tJU Z,vN 0/V#A� Cz C F' Dear Chairman Hallowell: Please accept this letter as notice of my request for an extension of sixty-five (65) days before the Planning and Zoning Commission is required to act with respect to the above referenced application. r truly yours, 4.� t r cV MJL/sl PLANNING DEPARTMENT IN-HOUSE REFERRAL FORM Date: ?1, IP p TO: Karl Reichle, Mike Gantick, Mel Stead, Fred Shaw Richard J. Sartor, Gary Tyler, Fire Marshal Tanning FROM: Marcia A. Banach, Director of Planning The Planning Engineering Departments have received plans for the following project: U M G.n 0 2ent C Subdivision Site Plan Residential Commercial Industrial a '�IG rr.0 5� i.Location A.X 1 Va h (p J�o C�� Tom"'"^ Project Description: g Futur Town-owned property involved? YES NO (a) new streets ( existing frontage also) (b) new open space/recreation area active passive (c) h new detention area Planning Department comments: Please ley t me know b 811,5108 if you will have comments on this application so that I can follow up with your department when I do a Planning Department report. PLANNING DEPARTMENT IN-HOUSE REFERRAL FORM Date: � TO: Karl Reichle, Mike Gi antick, Mel Stead, Fred Shaw Richard J. Sar . Gary Tyler, Fire FROM: Marcia A. Banach, Director of Planning The Planning & Engineering Departments have received plans for the following project: m Cr Subdivision Site Plan Residential Commercial Industrial Location: ��,y�- �Q�,�.� d�( Ave U . 5. 5- a c �� Q -�° l�O Project Description. Z�,� Future Town-owned property involved? _YES �_ NO (a) new streets ( existing frontage also) (b) new open space/recreation area active passive (c) new detention area Planning Department comments : Please let me know b X if you will have comments on this application so that I can follow up with your department when I do a Planning Department report. PLANNING DEPARTMENT IN-HOUSE REFERRAL FORM TO: Karl Reichle, Mike Gantick, Mel Stead, Shaw, Date. P71( /pip Richard J. SartOr, Gary Tyler, Fire rs FROM: Marcia A. Banach, Director of Planning The Planning a Engineering Departments have received plans for the following project: .4�ju Suwanv Zaai_ (1_�Q 411*1 Subdivision Site Plan Residential Commercial Industrial Location: Project Description: Cj 4V L- %t CL Future Town-owned property involved? YES XNO (a) new streets ( existing frontage also) (b) new open space/recreation area active passive (c) new detention area Planning Department comments: Please let me know by 16 Y if you will have comments on this application so that I can follow up with your department when I do a Planning Department report. PLANNING DEPARTMENT IN-HOUSE REFERRAL FORM Date: 6 TO: Karl Reichle, Mike Gantick, Mel Stead 4 Nnni_ Fred Shaw Richard J. Sartor, Gary Tyler, Fire Mar FROM: Marcia A. Banach, Director of Planning The Planning & Engineering Departments have received plans for the following project: .'MA4A A.1�02 Z Subdivision Site Plan Residential Commercial Industrial Location: tA,7 Project Description: 2, Future Town-owned property involved? _YES NO (a) new streets (_ existing frontage also) (b) new open space/recreation area active passive (c) new detention area Planning Department comments: Please let me know by P/l S 'If you ou will have comments on this application so that I can follow up with your department when I do a Planning Department report. _ -----... PLANNING DEPARTMENT IN-HOUSE REFERRAL FORM Pp TO: Karl Reichle, Mike Gantick, Mel Stead, Fred Shaw, Date: Richard J. SartOr, Gary Tyler, Fire Marshal- Lmming FROM: Marcia A. Banach, Director of Planning The Planning & Engineering Departments have received plans for the following project: L/ M ctrl O Zont C < Subdivision Site Plan Residential Commercial Industrial S� Location. b�— s► d� � C Project Description: (,g, 5(P a� Future Town-owned property involved? YES NO (a) new streets ( existing frontage also) (b) new open space/recreation area active passive (c) h new detention area Planning Department comments: Za oz C4-�I a/wl1 a n vt to Please let me know by 8 15 !9$ if you will have comments on this application so that I can follow up with your department when I do a Planning Department report. 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �f�psOlt. 0'��v AREA CODE 203/644-2511 July 12, 1988 M E M O R A N D U M TO: Marcia A. Banach, Director of Planning FROM: Michael J. Gantick, Director of Public Works RE: Engineering Review - Musumano Zone Change Please find enclosed the SEA review letter for the subject application. Should you have any questions, please feel free to contact me. MJG/jsv cc: Project File P & Z Correspondence r S E A Consultants Inc. Engin ors/Architects July 12, 1988 Principals Arnold B.Goldstein,P.E. Frederick G.Aufiero,P.E. Robert M.Brandon,A.I.A. Stephen H.Geribo,P.E. David T.Goodemote,P.E. Mr. Michael J. Gantick, P.E. Bruce E.Soule,PE. Director of Public Works Kenneth M.Stewart,P.E. Anthony J.Zuena,P.E. Town of South Windsor 1540 Sullivan Avenue Associates Steven L.Bernstein,P.E. South Windsor, Connecticut 06074 Paul F.Gabriel,P.E. Mark Gould,P.E. Re: Musumano Zone Changes Michael S.Schultz,P.E. Job No. 88126.34 Arthur A.Spruch,P.E. Task Order No. 34 Paul C.Ross,P.E. Dear Mr. Gantick: As requested, S E A Consultants Inc. has reviewed the following for the above referenced project: Sheet No. Title Prepared By Date Traffic Impact Study Fuss & O'Neill 6-1988 1 of 1 Zone Change Maps " 5-1988 1 of 1 " " it 1 of 6 " " 10-1987 2 of 6 Boundary Survey " 6-1988 394,5,6, General Plan of 6 of Development A1, A2 Architectural Plans Frazier, Lanson & & Elevations Budlong " This information was reviewed for compliance with the Town of South Windsor Subdivision and Zoning Regulations dated July 24, 1972, and standard engineering practice. We note the following: The two proposed site plan schemes of a combination 108-unit condominium development and 50,000 square foot office complex and a 100,000 square foot office/retail development 850 Silas Deane Highway will provide a vital link between relocated Ellington Road and Wethersfield,3 06109-3412 Route 30. The development will produce a meaningful solution (203)721-7993 P p g 485 Massachusetts Avenue to the Five Corners intersection problems. ' Cambridge,MA 02139-4018 (617)497-7800 Citicorp Park West 100 Foden Road South Portland,ME 04106-2319 (207)775-2281 r SEA Consultants Inc. Mr. Michael J. Gantick, P.E. Engineers/Architects July 12, 1988 Page Two The development scenarios proposed for the zone changes will not result in significant adverse impact to the adjacent roadway systems, land areas and existing utilities. If you should have any questions, please do not hesitate to call me. Very truly yours, S E A CONSULTANTS INC. dme'sR. Bancroft, P.E. JRB:mp 7{1 Rockledge Drive South Windsor, CT 06074 August =, 1?88 ✓r1r. Edward Havens, Mayor Mr. Alfred Kupchunos, Deputy mayor Dear Ed and Al : I am disturbed that the two of you have leaped so quickly to endorse the development proposed by Mr. Musumano for the area near "Five Corners" . I thinly a number of issues and trade-offs need to be evaluated �. . Is the preservation of 41 acres of open space worth converting the other 46 acres from "Rural Residential" to offices, stores, and condominiums? I suggest you look at an over-developed town (e.g. , Rocky Hill ) for the answer. 2. Is the developer profiting from the increased number of units? He would have to build a road (or roads) to develop the land for residential uses,no? Why should he receive tax breaks for building the road? If the town has to pay for the road , we may as well do so directly and manage the project to a better overall result. . Is the proposed traffic plan a real improvement over other alternatives? Why not widen "Five Corners" and make Ellington Road one way from Five Corners to the intersection with Sand Hill? That' s one thought -- I 'm sure there are others worthy of consideration. 4. The 41 acres to be left open : are they unbuildable wetlands and fields? Many of the newer developments in town have useless ponds, bogs, and gullies as open space-- a great deal for the developers, but not for the town. 5. Does it make sense to convert any of the town ' s remaining land from "Rural Residential" to higher density uses in light of the town ' s rapid-- some would say uncontrolled-- growth? In conclusion , I ask that you evaluate these proposals U very carefully. I have spoken to other residents and found unanimoLrs opposition to the proposed development. In fact, I think: that you would find most residents strongly opposed to the conversion oT any residential lands to retail and commercial uses. Such conversions simply are not consistent with the directions in which most of your const., tuen is want to see this town move. S i ncar el%:. /ours, Richard E. 7-h tther y r o-P Sau� ?d&"41at O � G U �v 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 ��soe•co�'� AREA CODE 203/644-2511 August 9, 1988 Mr. Richard E. Thatcher 70 Rockledge Drive South Windsor, Connecticut Dear Rick: Thank you for your recent letter regarding the development proposed by Mr. Musumano. The questions you raised in your letter are, I am sure, among those issues and concerns which will be examined and discussed during public deliberations at future Town Council (and Planning and Zoning Commission) meetings, at which residents' input is always sought and encouraged. It has been my personal practice to seek and take under advisement the opinions and concerns voiced by our Town' s residents on all issues of public policy brought before the Council. Because the issues you raised, in large part, relate to the type of study undertaken by our Planning and Zoning Commission, I suggest that you send a copy of your letter to the Chairman of that body, so that your concerns may be addressed by the Commission at the appropriate time. Very truly yours, Edward F. Havens Mayor EFH:prb cc: eputy Mayor Alfred Kupchunos Chairman Raymond Hallowell, Planning & Zoning Commission Aa4 M stq4 C " s ?d&UaOlt 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 soe-co��w AREA CODE 203/644-2511 August 12, 1988 Atty. Michael J. Lanza 1610 Ellington Road P. 0. Box 667 South Windsor, CT 06074 re: Appis . #88-55P through #88-59P Musumano Zone Changes Gentlemen: Please be advised that the public hearing in the above matter has been scheduled for Tuesday, August 30, 1988 at 8:00 P.M. in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue. Signs advertising the hearing must be posted for 10 consecutive days prior to the hearing, and must be clearly visible from the road. Please have them posted by Friday, August 19 , 1988 . One sign should be placed on the east side of Sullivan Avenue; two signs on the west side of Sullivan Avenue near each end of the property' s frontage. Signs can be purchased in the Town Hall for $5 . 00 each. Very truly yours, PLANNING AND ZONING COMMISSION �,4,W r- Raymond F. Hallowell, Jr. Chairman cc: PZC File Applicant OF CC) `y�i ^ South Windsor Chamber of Commerce : W ' q 1750 Ellington Road, South Windsor, Connecticut 06074 Tel. 203-644-9442 0 Soft e �2'0 LIVE.W0"' August 16, 1988 Mr. Raymond Hallowell, Chairman PLANNING AND ZONING COMMISSION 1540 Sullivan Avenue South Windsor, Connecticut 06074 Dear Ray, Re: Wapping Center Plan Wapping/Five Corners is emerging as the center for our growing community of 22,000 residents. As such, it is important that short-and Iong-range plans for this area be generated. We share with others in South Windsor the desire for an attractive center, affording an identity for the town. More than that, we desire appropriate land use, including additional land zoned for business, e.g., offices and retail. A greater variety of housing within pedestrian distances of retail shops and governmental facitlities, such as the library and post office, would better meet our housing needs -not to mention the need for highway improvements at the Five Corners and the Wapping Bypass road system. Accordingly, the South Windsor Chamber of Commerce, representing the business community, respectfully urges the Planning and Zoning Commission to develop a Town Plan amendment for the Wapping/Five Corners area, which geographically we define as bounded to the west by Pierce Road, to the north by Sand Hill Road, to the east by Felt Road, and to the south by Deming Street. Sincerely, Joseph Rave President r • 3 0 �� fr S . THE CONNECTICUT WATER COMPANY CWS GENERAL OFFICES: 93 WEST MAIN STREET A SUBSIDIARY OF CONNECTICUT WATER SERVICE, INC. / CLINTON, CONNECTICUT 06413-0562 TEL. 203-669.8636 D Mr. Raymond Hallowell, Jr. , Chairman August 17, 1988 Planning & Zoning Commission AUG i 9 1988 South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 South Windsor planning & Zontng commissioN Re: Proposed zone change/site development - Sullivan Avenue Applicant: Patrick Musumano D ar Mr. Hallowell: The above proposed project is located near our Kupchunos public drinking water supply well field (approximately 500 ft. ). Therefore, we are concerned that adequate precautions be taken to prevent any water quality degradation both during and after development activities in this area. I have reviewed the preliminary site plans dated 6/14/88 and would like to offer the following comments: 1. ) One of the major causes of groundwater contamination in Connecticut is from leaking underground fuel storage tanks. We recommend tanks of this nature be prohibited on this site. 2. ) Proper soil erosion and sediment control measures will need to be properly installed and maintained until the entire site is stabilized. 3. ) We recommend the use of road salt be limited in this development area. While we do not oppose this project at this time, we reserve the right to oppose it if new or different information becomes available during further revi w. Sincerely, (Mrs. ) Cindy F. Alleman Environmental Analyst CFA/edl cc: J. R. McQueen R. P. Kulas W. L. Dunn B. Kaemmerlen, Fuss & O'Neill fi 7-1-fi-c#He N T- SOUTH WI N DSOR LAND CONSERVATION TRUST INC. P. O. BOX 415 EAST WINDSOR HILL. CT 06020 To: Members of the South Windsor^ Land Trust Date: August 17, 1988 Dear Member: We are pleased to announce that on Wednesday, August 24, 1988, the Trust will receive 8.5t acres of meadowland and the Podunk River which will attach to our Williams property. From the first gift of four (4) acres from the Williams family, we slowly have acquired approximately twenty-five (25) acres in an . area that is critical to preserving the rural atmosphere of our town center. Unfortunately, the excitement of our latest acquisition comes at a time when the Town Council is being asked by the town staff to condemn a roadway thru the original Williams gift. Not that it makes a difference, but this is not a quiet side road being proposed. It• is a major road with turning lanes and traffic lights that will not only destroy the atmosphere that we are creating, but dump additional traffic onto rural Clark Street. The Land Trust is very concerned that the Council will overlook the trust that Martha Williams placed in our organization and that if the Council were to .attempt to condemn our property, it may be an indication of their willingness to violate the trust that a significant majority of voters placed in the Council when we all asked that Three Million ($3,000,000) dollars be spent to permanently preserve our open space. We are enclosing letters associated with this topic for your information. What we need from each of you is an appearance at a Town Council special meeting on August 29, 1988 at the Town Hall . Do not be concerned about having to speak or to risk being interrogated - it is your "presence" that is required to show the Council that we do not want to violate the trust of a donor and the, purpose of the Land Trust. We are a small town yet, and I suggest that you will feel proud to be present when many people you know will be at the Council meeting on the 29th of August to reaffirm the fact that voters are listened to when they represent the attitude of the Town. Do not hesitate to ask others to come - this meeting is extremely important! Please confirm the date and time with the Town Hall . One other topic is the continuing need for membership and membership renewal . We certainly hope that you will renew your membership and urge others to join. Sincerely yours, Tim Shepard TS:cpm enclosures 4 c w" 8E+ 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R.C43 �v AREA CODE 203/644-2511 August 18, 1988 To: Planning and Zoning Commission From: Raymond F. Hallowell, Jr. By means of this letter, I am disqualifying myself from all discussion / decision / action regarding Appl. #88-59P, Musumano Zone Change. R ymond F. Hallowell, Jr. sC4 y r 7-awn 07 `�• o � e � .a 4 �G 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 soR•co�' AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, AUGUST 18, 1988 THURSDAY, AUGUST 25, 1988 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION Notice is hereby given that there will be a public hearing of the Planning and Zoning Commission on Tuesday, August 30, 1988 at 8:00 P.M. in the Council Chambers of the South Windsor Town Hall to consider the following: 1 . Appl . #88-55P, Jeffrey Musumano, for a Zone Change from RR to RC for approximately 12 . 9 acres of land on the east side of Sullivan Avenue south of Sand Hill Road. 2 . Appl . #88-56P, Jeffrey Musumano, for a Zone Change from RR to RO for approximately 12. 9 acres of land on the east side of Sullivan Avenue south of Sand Hill Road. 3 . Appl . #88-57P, Jeffrey Musumano, for a Zone Change from RR to RC for approximately 5 .5 acres of land on the west side of Sullivan Avenue south of the Pierce Road/Sullivan Avenue intersection (in vicinity of the "high tension" power lines crossing Sullivan Avenue) . 4 . Appl . #88-58P, Jeffrey Musumano, for a Zone Change from RR to RO for approximately 5.5 acres of land on the west side of Sullivan Avenue south of the Pierce Road/Sullivan Avenue intersection (in vicinity of the "high tension" power lines crossing Sullivan Avenue) . 5 . Appl . Jeffrey Musumano, for a Zone Change from RR to MF-AA or approximately 68 .56 acres of land on the west side of Sullivan Avenue south of the Pierce Road/Sullivan Avenue intersection (in vicinity of the "high tension" power lines crossing Sullivan Avenue) . Copies of the application and maps more clearly defining the properties are on file in the office of the Town Clerk and/or the Planning Department of the Town of South Windsor. At this hearing, interested persons may appear and be heard, and written recommendations will be received. PLANNING AND ZONING COMMISSION Raymond F. Hallowell, Jr. , Chairman Marshall Montana, Secretary butut fitter's Episcopal (C4=4 Napphto Sand Hill -Rd., Box 582, South Windsor, Ct.06074 Reverend Sara J.Chandler Phone:644-8548 hwat WJV August 26, 1988 Raymond F. Hallowell , Jr. South Windsor Planning and Zoning Gentlemen: A Mr. Jeffrey Musumano has made application for a zone change from Rural Residential to Restricted Office or Restricted Commercial, for a parcel of property which is located on the east side of Sullivan Avenue, due south and adjacent to property owned by St. Peters Episcopal Church. By copy of this letter, the leadership and congregation of St. Peters Episcopal Church do respectfully oppose this change in zoning based on environmental and aesthetic concerns. Our concerns are based on St. Peters ' prominent location, on Sand Hill Road, our ability to conduct our services in a tranquil surrounding and various potential ramification resulting from a zone change. Respectfully submitted, Reverend Sara J. Chandler Vev V � T SOUTH WI S R TOWN COUNCIL O RI C S TOR, T MANAGER Z TE: GUST 29, 19 .� ov 1 � -�o C� M./Jw ot4� AV p 6 L) dym e- �W-4*taft,*4r C- Y J4VL' d&��q 9" d INTR DUCTION 4- L 0-'W L- ( consideration of two proposed contracts between the Town of South Windsor and Jeffrey Musumano, related to a proposed development on Sullivan Avenue, and the Plaza at Buckland Hill for a proposed retail, commercial, and office development at the "Winchester" site. -RD4 - �1r�p �fcL�s c � �v �( •ramp believe that both of these cdnPtracts have significant ! benefits to the people of South Windsor in terms of traffic capacity and movements; and in the preservation of an `,n Vertia-44� ``i r"I J 1^e'-� environmentally significant area in the center of our Town. ett.r a^e- q4...vL- TJo hAgn }h i S I wi+t present the background `,[ •n"�"�A\ w A. �P which establishes current conditions as11' understand them-- 4,tole including: / Existing Roads Proposed or potential development (So. Windsor and external) Federal/State Projects Local Projects Musumano Proposal Plaza at Buckland Hills Proposal -3- To plan for a uture which includes inevitable ange is w. not without c troversy, as a denced by those ny residents o are concerne Full public di ussion is necessa for a fully-i formed understand ' g of the proposed cont acts and their pact on South Win sor, s environment. 1 . Existing Roads - Capacity & Problem Areas (Buckland Road, Clark Street, 5 Corners, Ellington) The current ADT (average daily traffic) on Buckland Road is 16, 000 (+/-) . There are 31, 000 vehicles entering 5-corners per day. Upon the opening of the Buckland Hills Mall, it is anticipated that 1, 100 (+/-) vehicles will be traveling northbound on Buckland Road during the p.m. peak hour. 2. Proposed Deve1 o men t/Deve1 opabl a Land Mall at Buckland Hills - Manchester - and related development) Plaza at Buckland Hills - South Windsor/Manchester 200 (+/-) acres - Archdiocese of Hartford Property Samsel/Kelley - Current and future Law Offices Condo/R.0. /R. C. 3. Federal/State Road Initiatives Buckland Road Wapping 5-Corners and Bypass I-291 Ha 1 f Interchange Chapel Road -4- 4. Local Road Projects Clark Street Reconstruction - 198811989 Capital Project Appropriation for Preliminary Engineering -'e-0 /k �- � 670 b eo�,Ki S 4— JVN, C I�Y 1 The Plaza at Buckland Hills The key elements of the proposed contract between the Town of South Windsor and the Buckland Hills developers affords benefits to both the Town and the Developer. The background to the negotiations of the Plaza at Buckland Hills is similar to the Town/Developer Agreement entered into four years ago with the Winchester Mall developer, a proposal approved by the Planning and Zoning Commission. Subsequently, a Court Appeal by residents effectively stopped the Winchester Mall Development. The Town of Manchester pursued, successfully, the Mall at Buckland Hills. The Town then filed suit against the State Traffic Commission' s approval for Buckland Hills Mall, and a Court' s decision upholding the original Planning and Zoning Commission approval came too late for South Windsor to pursue the Winchester proposal. Ongoing discussions and negotiations continued with the Buckland Hills organization, with the resulting contract entered into, pending Council approval. Developer Obtains: 1 . Settlement of existing lawsuits. Z. Town assistance to facilitate road improvements R.0. W. , etc. -5- Town Obtains: $2. 8M in needed road improvements $2. 3 est. cost of reconstruction of-- - Smith Street - Pleasant Valley Road - Clark Street - South to Chapel Road - P. V. /Clark Intersection - Cul-de-sac - Wheeler Road - Buckland/Smith Intersection - Buckland Road - Smith to Town Line - Potential for in excess of 500, 000 sq. ft. of office/commercial space added to tax base. - The ability to prepare for the increased traffic which we know will result from the pre-existing development and those anticipated. - $550, 000 for interim improvements to convert Wapping 5 Corners to a 4-cornered intersection; new traffic controls - lanes, computerized signalling, etc. These improvements will be underway or completed in the near term. Mus uman o The proposed contract agreement between the developer and the Town references 78 acres currently, or formerly, the Priest property on Sullivan Avenue. The developer wishes to construct commercial/office/residential development, recognizing a need to contribute to 5 Corner Traffic Improvement. -6- The contract will provide to the Town: 1 . A new bypass road - alleviating volume and safety concerns in some of the previously-referenced critical areas. 2. Fifty-one (51) areas of land preserved for posterity - 45 acre south of, and including, over lines; - 6 a res northwe of proposed ondominium (Pod unk R ' Of the 45 +/ acres south ( ee attach ) of the powe lines, 21 acr s are wetlands, 24 acres are not. The developer obtains: 1 . Tax incentives (Reimbursement for road construction costs) . -7- The overall planning incorporates significantly improved traffic capacity and safety, ao well-es-the e9ervOt-±cM-.of over, of.,land for South, Windeew. The cost to our community is minimized by the maximum utilization of Federal/State grants and projects, as well as mutually beneficial contracts with persons who are proposing changes. These agreements do not, in any way, abridge the right, responsibilities, or authority of any regulatory Board or Commission; and are, in each case, subject to the standard regulatory process. These agreements, by the Town Council' s participation, will (in fact) provide for a greater range of flexibility in these processes` C�.0 4&V to4) L) kCC4V-O-e J V"D / ✓kL f Ci�st fiL I Ot aL7 I- I�C� e- (Y-ka"v- 6 ,, - ") I I Cevu'" c PLANNING AND ZONING COMMISSION 1 30 AUGUST 1988 PUBLIC HEARING SOUTH WINDSOR TOWN HALL MEMBERS PRESENT: Sor nson, Woodcock, Evans, Montana, Rossi, and Castro ALTERNATES PRESENT: Nadel (sitting for Hallowell) , Hart, and Conde PUBLIC HEARING 1. Appl. #88 55P, Jeffrey Musumano, for a Zone Change from RR to RC for approximately 12.9 acres of land on the east side of Sullivan Avenu south of Sand Hill Road. 2. Appl. #88-56P, Jeffrey Musumano, for a Zone Change from RR to RO for approximately 12.9 acres of land on the east side of Sullivan Avenu south of Sand Hill Road. 3. A pl. #88-57P, Jeffrey Musumano, for a Zone Change from RR to RC for approximately 5.5 acres of land on the west side of Sullivan Avenu south of the Pierce Road Sullivan Avenue intersection (in vicinity of the "high tension" power lines crossing Sullivan Avenue) . 4 . A p 1. #8 8 5 8 P, Jeffrey Musumano, for a Zone Change from RR to RO for approximately 5.5 acres of land on the west side of Sullivan Av nue south of the Pierce Road Sullivan Avenue intersection (in vicinity of the "high tension" power lines crossing Sullivan Avenue) . 5. Appl. #88 59P, Jeffrey Musumano, for a Zone Change from RR to MF-AA for approximatel 68.56 acres of land on the west side of Sullivan Avenu south of the Pierce Road Sullivan Avenue intersection (in vicinity of the "high tension" power lines crossing Sullivan Avenue) . Vic Chairman Sorenson chaired the public hearing. Mr. Nadel was named to sit for Mr. Hallowell, who had disqualified himself from participation in this matter. Town Planner Marcia Banach presented the following overview of the project: The August 29, 1988 Council meeting included consideration of two proposed contracts between the Town of South Windsor and Jeffrey Musumano, r lated to a proposed development on Sullivan Avenue, and the Plaza at Buckland Hills for a proposed retail, commercial, and office dev lopm nt at the "Winchester" site. Both proposals contain road improvement provisions which are not under the applicant's or PZC's control; therefore, Council involvement is required to ensure that the road improvements will b able to b guaranteed to this Commission. Town Staff believe that both of these contracts have significant b nefits to the people of South Windsor in terms of traffic capacity and movements; and in the preservation of an environmentally significant area in the center of our Town. LANNING AND ZONING COMMISSION 2 30 AUGUST 1988 Th following background establishes curr nt conditions as we nderstand th m -- including: Existing Roads Proposed or pot ntial dev lopm nt (So. Windsor and ext rnal) Fed ral/State Projects Local Projects Musumano Proposal Plaza at Buckland Hills Proposal Existing Roads - Capacity & Problem Areas (Buckland Road, Clark Street, 5 Corners, Ellington) Th current ADT (average daily traffic) on Buckland Road is 161000+/-. 'here are 31,000 vehicles entering 5-corners per day: Upon the opening of the Buckland Hills Mall, io1guckland anticipated Road during .,100 (+/-) vehicles will be traveling northbound n ;he p.m. peak hour. !. Proposed Development/Developable Land Mall at Buckland Hills - Manchester - (and related development) Plaza at Buckland Hills - South Windsor/Manchester 200 (+/-) acres - Archdiocese of Hartford Property Sams 1/Kelley - Current and future Law Offices Condo/R.O. /R.C. 3. Federal/State Road Initiatives Buckland Road Wapping 5-Corners and Bypass I-291 Half Interchange Chap 1 Road 4 . Local Road Projects Clark Str et Reconstruction - 1988/1989 Capital Project Appropriation for Preliminary Engineering Deming Street - on capital projects list also. the Plaza at Buckland Hills The key elements of the proposed contract between nef the Town bof South the Town gindsor and the Buckland Hills developers affords be and the D veloper. The background to the negotiations of the Plaza at Buckland Hills is similar to the Town/Developer Agreement entered into four years ago with the Winchester Mall developer, a proposal approved by the Planning and Zoning Commission. Subsequently, a Court Appeal by residents effectiv ly stopp d th Winchester Mall Development. The Town of Manchester pursued, successfully, the Mall at Buckland Hills. Th Town then filed suit against the State Traffic Commission's approval for Buckland Hills Mall, and a Court's decision upholding the original Planning and Zoning Commission approval came too late for South Windsor to pursue the Winchester proposal. PLANNING AND ZONING COMMISSION 3 30 AUGUST 1988 Ongoing discussions and n gotiations continued with the Buckland Hills organization, with th r sulting contract ent red into, p nding Council approval. Developer Obtains: 1. Settlement of existing lawsuits. 2. Town assistance to facilitate road improvements R.O.W. , etc. Town Obtains: $2.8M in needed road improvements $2.3 est. cost of reconstruction of: - Smith Street - Pleasant Valley Road - Clark Street - South to Chapel Road - P.V./Clark Intersection Cul-de-sac - Wheeler Road Buckland/Smith Intersection Buckland Road - Smith to Town Line - Potential for in excess of 500,000 sq. ft. of office/commercial space added to tax base. The ability to prepare for the increased traffic which we know will r sult from the pre-existing development and those anticipated. $550,000 for interim improvements to convert Wapping 5 Corn rs to a 4-cornered intersection; new traffic controls - lanes, computerized signalling, etc. These improvements will be underway or completed in the near t rm. Musumano The proposed contract agreement between the developer and the Town references 78 acres currently, or formerly, the Priest property on Sullivan Avenue. The developer wishes to construct commercial/office/residential d v lopment, recognizing a need to contribute to 5 Corner Traffic Improvement. The contract will provide to the Town: 1 . A new bypass road - alleviating volume and safety conc rns in som of the previously-referenced critical areas. 2. Fifty-one (51) areas of land preserved for posterity The developer obtains: 1 . Tax incentives (Reimbursement for road construction costs) . The overall planning incorporates significantly improved traffic capacity and safety. The cost to our community is minimized by th maximum utilization of Federal/State grants and projects, as well as mutually b neficial contracts with persons who are proposing changes. These agreements do not, in any way, abridge the right, responsibilities, or authority of any regulatory Board or Commission; and are, in each case, subject to the standard regulatory process. Th s ?LANNING AND ZONING COMMISSION 4 30 AUGUST 1988 igr ements, by the Town Council's participation, will (in fact) provid for a great r range of fl xibility in these processes; and the PZC retains full authority to require whatever road improvements this Commission may believe is necessary for either development. The above-noted contracts will provide for that flexibility. Atty. Michael Lanza opened the applicant's presentation by asking that Item 3 on th ag nda and legal notice -- the request to change 5.5 acres on the west sid of Sullivan Avenue from RR to RC -- be withdrawn, since RO was consid red more compatible with MF than RC. Mrs. Rossi made a motion to accept th withdrawal request for Item 3, Mrs. Montana seconded, and th motion carried unanimously. Atty. Lanza asked that the public hearing be left open to allow inclusion in th record of the Contract presented to the Town Council on 29 August 1988, which had not yet been acted upon. This action would permit any changes regarding the bypass road to be included in the record. Discussion of various ramifications of a continuance followed. Atty. Lanza continued the presentation, noting that traffic had always been a concern of this application and citing factors supporting the proposed route of th bypass road. He said the current proposal was in accordance with discussions with the Town Manager and Town Staff and dealt best with environmentally sensitive areas. Betsy Ka mmerlen, Fuss & O'Neill, noted that single-family homes had be n consid red, but that condominium construction would minimize disturbanc of w tlands areas. Ms . Kaemmerlen summarized site, landscaping, drainage, and utility data for the condominiums. She proposed that RO zoning both sid s of the condominium entrance road would be compatible with the MP zone. On th east side of Sullivan Avenue, the applicants hoped to combine RC and RO uses to include offices with, e. g. , a restaurant. Architect Alan Lamson of Frazier Lamson Budlong Architects said a clust r layout had been provided for the condominiums, with 20 buildings, 6 units / building maximum, all 2-bedroom, ranging from 1280 to 1455 sq. feet. T n perc nt of the units would be offered as affordable housing without compromising quality. All would have full basements and outside recreational space, including decks. Exterior wall finishes would be cedar clapboards and trim and brick veneer. Engin er Steve Mitchell, Fuss & O'Neill, summarized the traffic report, commenting that congestion at 5-Corners would be relieved if the proposed bypass wer built. He concluded that the proposed route of the bypass was in the logical location. Atty. Lanza informed the Commission that the zone change requests were all part of a package, with execution of the project predicated on approval of the entire package. He invited Commission members to provide input regarding the bypass road. PLANNING AND ZONING COMMISSION 5 30 AUGUST 1988 Town Plann r Marcia Banach reviewed her report: 1 . As has been noted, this application includes a proposal to provide approximately 50 acres of open space, which consists of the south rly 45 acr s including the land under the electric transmission lines and about 6 acres of land in the northwesterly portion of the site. Town staff hav estimated that there are about 21 acres of designated wetlands within th 45 acres south of the power lines. Both proposed parcels of open space abut other open space holdings of the Land Trust, thus fostering an int grated network of contiguous open space parcels. Th Town's environmental officer has done some preliminary investigations of the 78-acre parcel, and has indicated that the development as proposed is on the part of the site where it will have the least environmental impact. The area included within the power lines and land south of the power lines contains much evidence of wildlife, including a pond with ducks, and deer. Acquisition of this parcel by the Town would r sult in not only protection of the sensitive wetland area, but preservation of a sc nic vista from Sullivan Avenue. 2. One of the major concerns regarding this project is traffic impacts, and the a.m. and p.m. peak hours are the times of greatest concern. Th applicant's traffic engineer has estimated that about 36 vehicles would exit from the condominiums and go south; and about 53 vehicles would nt r th offices during the a.m. peak from the south. During the p.m. peak, about 34 vehicles would enter the condominiums from the south, and about 51 v hicles would exit the office use and travel south. (Note: figur s obtained by applying arrival/departure distributions in figures 5, 6, and 7 to projected peak hour traffic in table 1. ) This traffic would treat an added burden to the 5-corners intersection. Th proposed bypass road is particularly beneficial in addressing this problem. In light of the Plaza at Buckland Hills proposed interim traffic improvements at 5-corners, the bypass road proposed by the applicant adds another dimension to the ability of the road network in 5-corners vicinity to handle traffic. The applicant's traffic engineer has estimat d that 10- 15% ' of the condominium traffic would divert onto the proposed bypass; and about 25% of any retail traffic would divert onto the proposed bypass. The combination of the diversion of a portion of the new traffic plus th ability of the improved 4-corners to handle traffic flows would provide a major relief to the 5-corners intersection. Th traffic engineer has estimated that the addition of the proposed bypass road plus intersection improvements to 5-corners would result in lev 1 of service increase at 4-corners from F to C during the a.m. peak, and from F to D during the p.m. peak. Also, Clark St. at Ellington Road now operat s at LOS F during the a.m. peak and LOS E during the p.m. peak. Th new bypass road would increase the LOS to C during the a.m. peak and to B or C during the p.m. peak. The intersection of the new bypass and Sullivan Avenue is expected to operate at LOS B during the a.m. peak and C during the p.m. peak. ?LANNING AND ZONING COMMISSION 6 30 AUGUST 1988 )uring its deliberations on applications for nhas wo rk dTown Shopping Center and Terry office Park, this commission iiligently to ensure an interconn cted n twork of accesses effortBofkland this 2d. to Clark Str et. The proposed bypass road makes that :ommission eminently worthwhile, by providing a means whereby a large chunk Df that Town Shopping Center traffic can completely avoid the 5-corners yet still do nec ssary shopping. rh entrance to the office/condominium project itself has two alternatives. (1) The MF site as proposed has ample frontage ° Sullivan under theAvenue, maintenance allowing the site access to be a private access drive of the condominium association. Upon the deeding of the open space to the town, the frontage would be lost, resulting in a nonconforming lot after approval. (2) The entrance drive could be a town road, constructed to town standards, which would give the MF lot the necessary frontage. It should be noted that LOS projections for the applicant's own site entranc drives range from D to F during peak hours, indicating that vehicles will still have difficulty making the left turn movements. Sullivan Avenue should be widened to provide deceleration lanes in the vicinity of the site driveways. 3. Stat Traffic Commission approval would be required at the site plan stag . 4 . This application also includes provisions for 10% of the units to be affordable units (11 units) . As this Commission is aware, the Town is in th proc ss of addressing lack of affordable housing through a Mayor- appointed Housing Task Force. This application is very timely with its proposal for affordable units . 5. Sanitary sewerage is proposed from Pierce Road. The Supt. of Pollution Control has indicated that there is available capacity. WPCA approval is r quired. 6 . Public water would be provided by a water line extension in located about Sullivan lliV00, north Avenu . Connecticut Water Company has a wellfiel of this sit , and has submitted a letter regarding same (Attachment A [read into th record] ) . 7 . A 25' buffer is required wherever the MF zone abuts a lower density residential zone or a commercial zone. Where appropriate, these buffers hav been shown on the general plan. The closest condominium building to Sullivan Av nue is about 450' ; the closest building to Pierce Road is about 550' . 8. Required parking of 2 spaces per unit has been provided. All parking areas ar removed from principal streets. 9 . Requir d developed recreation area of 600 sq. ft. per unit has been provided. 10. Fiv phases of about 20 units per phase are proposed. PLANNING AND ZONING COMMISSION 7 30 AUGUST 1988 11. Th re are regulat d wetlands on site. All units ar a minimum of 40' from regulated wetlands, per our wetlands r gulations. This application would need IWA/CC approval at th sit plan stag . 12. The Town Plan depicts this property as Residential, and indicat s that the most appropriate land uses within this category include suburban resid ntial multi-family homes, non-contiguous to similar developm nts, at a d nsity of 1 to 4.5 units per acre, plus all other categories of r sid ntial development, including single family lots and DA-15 clust r dev lopments. 13. In summary, it would appear that the benefits outweigh any advers impacts which might accrue. The development would contribute traffic to an alr ady-congested intersection, but the applicant is willing to provid substantial relief in the form of the bypass road. The Town would acquir about 50 acres of land, contiguous to land trust property, which would remain open space. The issue of affordable housing would be addr ssed with provision of 11 units of affordable housing. The Town's tax base would b increased with the added office space. It is recommended to this Commission that consideration be given to approving the zone chang r quest. R commendation is also made that this public hearing be continued until th Council has acted on the contract for provision of the bypass road. Ms. Banach read the report on the zone change request for property on th ast side of Sullivan Avenues 1 . This is a 12.9 acre parcel located on the east side of Sullivan Av . just south of Sand Hill Road. The land is currently zoned RR and th s proposals are to rezone the land to either RO or RC. The parcel is surrounded by RR land on the north, south and west (however on th west is his other proposal) , and abuts Plum Ridge Condominiums on the east. There is some office space a little further east of the site at the corner of Sand Hill and Sullivan Ave. 2. The town plan depicts this land as remaining in a residential capacity. 3. Under current regulations a RO zone would allow for such uses as busin ss, professional, financial, or corporate offices. They would have to submit for site plan approval meeting the specific site requirements of the RO zone. 4 . If the site were rezoned RC, it would allow for such uses as professional offices, financial institutions, retail stores, restaurants, personal service shops -- again, after site plan review. 5. Water and sewer are available to this site in Sullivan Ave. 6 . There are no wetlands or floodplain on this site. At the sit plan stage a buffer zone will be required on all sides, as the site abuts resid ntial land. If it were rezoned RO, a 25 foot buffer would be required. If it were rezoned RC, a 50 foot buffer would be required on all aid s of the property. These buffers would have to conform to th curr nt buffer r gulations. 'CANNING AND ZONING COMMISSION 8 30 AUGUST 1988 F . One of the main impacts for this application also two differ a owould trffic. The traffic report submitted by Fuss and O'Neil examines scenarios for this site and evaluates the traffic impact based on either :h dev lopment of 100,000 square f et of office or 100,000 squar f et of c tail. the expect d a.m. peak hour traffic for the retail scenario is 122 cars ant ring th site and 53 cars exiting. For the p.m. peak hour it is axp cted that there will be 183 new vehicle trips entering the site and 191 zew vehicle trips leaving the site. For the retail use, it is estimated that 4 0% of the traffic will be diverted traffic from vehicles already passing the site; so there is actually a larger number than the number just provided, making turning movements into and out of the site. This div rsion was incorporated into the P.M. peak hour only, since the retail facility would most likely not be open in the A.M. peak hour. Of the traffic entering and exiting the site, it is estimated that 70% of the vehicles entering the site in the morning would approach from the south; and 25% of that traffic would utilize the proposed bypass road. 65% of the traffic is expected to exit southbound, with 25% of those vehicles utilizing th new bypass road. If the site is zoned RO it is expected that in the a.m. peak hour there would be approximately 178 cars entering the site and 26 cars leaving the sit and during the p.m. peak hour there would be approximately 32 cars ent ring th site and 170 cars leaving the site. Our Economic Development Coordinator has indicated that the dollars spent on retail in South Windsor represent a very small fraction of the dollars sp nt on r tail east of the river; the majority of the shopping dollars in South Windsor's residents' pockets is spent outside of South Windsor. Our economic dev lopment program has been attempting to significantly increase the amount of office space in South Windsor. We have a very modest amount of office space in comparison to our suburban neighbors. Office space is an xcellent revenue generator for the Town. A point should be restated which has been noted before to this Commission -- a point that the Traffic Engineer put very succinctly: if we shut down South Windsor to further development today, 5-Corners still gets worse and worse every year, and we have little relief. However, we can choose to dir ct growth so that its benefits outweigh its impacts and improve our traffic situation while we receive substantial benefits to our tax bas . Ms . Banach read the S E A Engineering Report: Th two proposed site plan schemes of a combination 108-unit condominium development and 50,000 square foot office complex and a 100,000 square foot office / retail development will provide a vital link between relocated Ellington Road and Route 30. The development will produce a meaningful solution to the Five Corners intersection problems. The development sc narios proposed for the zone changes will not result in significant advers impact to the adjacent roadway systems, land areas, and existing utilities. PLANNING AND ZONING COMMISSION 9 30 AUGUST 1988 Mr. Nadel asked how much of the traffic LOS changes from F to C to D at 5- Corners would be due to th bypass road and how much would be attributable to the $550,000 the Buckland Hills mall develop rs had agreed to spend on intersection improvements. This information was not currently available. No one from the public responded to Mr. Sorenson's invitation to comm nt in favor of the application. Mr. Sorenson read a letter from Rev. Sara J. Chandler / St. Peter's Episcopal Church (Attachment B) opposing the zone change application for th property on the east side of Sullivan Avenue. Robert Marigliani, 475 Abby Road Extension, Vice Chairman of SWALPAC, described himself as a neutral speaker. He presented for the record a letter from SWALPAC (Attachment C) recommending that all development b done north of the Northeast Utilities transmission corridor to avoid detriment to the wetlands south of the corridor and to better pres ry op n space, historical, and environmentally sensitive land. A separate lett r (Attachment C-1) reiterated these concerns, and further stated SWALPAC's opposition to a bypass road through the property between Sullivan Av nue and Ellington Road as detrimental to wildlife and natural resources on site. Helen Kinney, 1475 Sullivan Avenue, opposed the application, citing xisting flooding and drainage problems. She said wildlife would b harmed by the road and the development, and asked that other solutions b worked out for the traffic problems at 5-Corners. Bob Finch, 819 Clark Street, president of the South Windsor Land Trust, alluded to the 78-8 straw vote against condemning the property, tak n during the previous night's Council hearing . He said the key word in "Land Trust" is "Trust, " which, in the case of potential land donors, may not last once Town condemnation of Trust land undermines the organization's cr dibility. Mr. Finch suggested that an alternate site be found, since it appeared that the bypass would only move traffic problems from on place to another. Ernie Friend, 81 Edgewood Drive, addressed the wetlands issue, voicing concern that drainage from the proposed projects would generate harmful runoff into the wetlands. She added that more pollution would be cr at d by traffic tie-ups at new signal lights installed at new intersections. Ms. Friend also commented that the Town Plan encouraged preservation of rural and wetlands areas, and that the results of the Town Meeting for Tomorrow demonstrated town residents' concern about preserving agricultural, open space, and wetlands areas. She suggested building homes. Richard Griswold, 139 Wood Pond Road, represented the St. Peter's Episcopal Church congregation, opposing the change to RC on the east side parc 1 b cause of potential disruption of Church services and people cutting through Church property to reach the site, particularly if restaurants w re built. 'LANNING AND ZONING COMMISSION 10 30 AUGUST 1988 )em trius Hnath, 390 Avery Stre t, was concerned about the violation of the spirit of the Land Trust. He noted that donors could have profited by selling th it land inst ad of donating it, and obj cted to Town :ondemnation of Trust property. H said d v lopment could be approved irithout the bypass road, and suggested the designers determine a different :oad location. :eone Mainelli, 63 Timber Trail, Secretary of the Land Trust, opposed :ondemnation because of its violation of the Trust. He said such land was ind rstood as remaining in its donated state forever, and that the land in luestion was a visible symbol of such efforts. He pointed out that a road bisecting the property, once constructed, would never be removed. Rather than caus irreversible harm of this nature, Mr. Mainelli advocated finding i diff r nt route, pointing out that using some ingenuity often produced workable alt rnates such as the re-timed traffic light at Five Corners. Frank N iderwerfer, Neiderwerfer Road, Chairman of SWALPAC, supported the Land Trust's efforts and objected to a road through the wetlands. Like the Rilliams family, his family had donated land with the understanding that it was a p rmanent arrangement, but Town officials had since said nothing was p rmanent. Mr. Neiderwerfer was disturbed by the implications this could hav for his family's land donation, and suggested that the issue of perman nce b clarified. Bob Waldron, 196 Newberry Road, said adding another traffic signal at Clark Stre t would only aggravate traffic back-ups, noting that many motorists already use alternate routes around 5-Corners. He suggested that the 4- Corners reconfiguration be given an opportunity to work. He said resid nts had b en satisfied with the Town Plan, and that the Plan should be followed wh re land use was concerned. He also took exception to violation of the Land Trust property by construction of the proposed road. Tim Shepard, 585 Main Street, a Land Trust member, read excerpts from Steven D. Williams' letter (Attachment D) explaining the family's selection of the Land Trust to carry out Martha Williams' wish to preserve the land. Mr. Shepard commended the Musumanos for their cooperation; commenting that it was the Town that was asking for the road and pointing out that there was little net gain to the taxpayers since the Musumanos would be reimbursed for road construction. Bob Marigliani returned to ask for a determination of how land donations can b prot cted to ensure permanent preservation. He noted that not only private land donors but also the $3 million land acquisition program in town would b nef it from this determination. Bob Finch added that any cost savings realized from the applicant's construction of the road would be countered by the cost of upgrading other str eta sustaining traffic increases from the bypass road. Richard Hayford, 7 Deming Street, presented a copy of a petition (Attachm nt E) signed by 55 citizens opposed to the bypass road in that it would cr at numerous adverse traffic impacts while not solving traffic problems, and because it would force condemnation of the Land Trust property. PLANNING AND ZONING COMMISSION 11 30 AUGUST 1988 Mary Giordano, 54 St p Road, lauded th Williams, N id rwerfer, and other families' land contributions, citing th loss to future generations if South Windsor is remembered as just another built-up suburb. She urged th Commission to exercise foresight in considering the application. Mr. Sorenson invited Commission members to provide input. There was discussion about the feasibility of completing the hearing at anoth r date to allow more time for asking and answering questions, but the cons nsus was to keep the hearing going. Mr. Conde noted that the traffic report had not been formally pres nted for th record, and that the matter of the proposed development's compatibility with the Town Plan had not been addressed by the applicant with regard to zone changes, potential flooding problems, and general requirements for MF- AA. He reminded the applicant that it was his responsibility to ensure all such matters were covered. Mr. Castro questioned how the bypass road would directly benefit th Musumano development. In response to Mr. Castro's question whether th proj ct had been "sold, " Atty. Lanza stated that it had not but that it could be sold or joint ventured in the future. Mr. Castro voiced concern over the possibility of an outside developer's starting the project and not finishing it. Atty. Lanza said any transfers would have to be approv d by the Town. Mr. Castro asked for a determination of what impact th added condominiums have on the Town Plan's recommended residential ratios. Mrs. Rossi said much of South Windsor's traffic is generated by adjac nt towns, and asked why roads in those towns could not be designed to bypass South Windsor. She questioned the vehicle counts exiting the condos at peak hours, suggesting that 2 cars : unit seemed a more realistic projection than the figures presented, and asked if a condominium development in this location conformed to the Town Plan. Mrs. Woodcock asked if the drawing depicting single-family housing was also being considered. Atty. Lanza answered that it was not. Mrs. Montana commented that an earlier speaker had mentioned placem nt of th condominiums in the "least harmful" area in an ecological sense. She found this disturbing because it implied harm in any case. Mrs.. Montana questioned the advantages in alleviating Five Corners traffic by rerouting it onto Clark Street, which did not seem a good reliever road. Mrs. Evans wondered why the road was again being proposed, since an arlier proposal for a Sullivan Avenue - Ellington Road bypass road had b en rejected a year before as not viable. She asked for specifics r garding Mr. Musumano's development history. Atty. Lanza answered that most of his work involved residential work in the Avon - Farmington area. Mrs. Evans objected to the "either/or" zone change application, suggesting that the applicant ask for one or the other and support his proposal, sinc th presentation thus far was somewhat general. The possibility of an informal me ting with the Commission was discussed. Mrs. Evans asked if th STC had revi wed the application; Mr. Mitchell said no, because PZC had not acted on the site plan yet. LING AND ZONING COMMISSION 12 30 AUGUST 1988 4adel noted that the areas in question were not zonne a zoned RC, or MF in down Plan, so the applicant would have to prove th g as ze Town's best inter sts . Mr. Nad 1 asked what the condominium price 3 b ; Atty. Lanza answer d approximately $165,000. . Nadel said the 3nalized ntrance/exits both sides of Sullivan Avenue LOS orning p ak and "F" at afternoon peak on the east oside retailice other lopm nt --significant because the aplvenue ea proposed without signalization. Mr. d be hard to reach across Sullivan 1 said the best scenario at Five Corners after development of the os d projects would have an afternoon capacity of 99%, leaving no room growth. Hart ask d if any of the projections included State work; Mr. Mitchell no. Mr. Hart commented that the Town was andbeing thatasked firm target dates e a State lem resulting from State procrastination, ld b set for upcoming projects. He questioned building condominiums his location, and expressed concern about approving a zone change in .t of potential litigation if Land Trust property were condemned. d Att zone y. ,a said in the event the bypass road were not constructed, Lg had b n approved, the developer would build his project and tribute $500,000 to the Town to use toward traffic improvements :wh r in Town. Mr. Hart said the applicant's tie-in offaafforrdable be ;ing to the CHFA would have to be downplayed t sinces would be mprogram radeg i to tie :ontinued. Atty. Lanza stated that housing to something permanent to offset that possibility. )rdable g Sorenson said the Chair would entertain a motion to continue the he public .ing with the provision that only new information ld berelating accepted. Mrs• a. m nt between the developer and the T tana mad said motion, and Mrs. Rossi seconded it. Discussion followed, rl som Commission members questioning the validity of the provision in t one th hearing was continued any information would leavevant to the the hearing open lication would have to be received. This receiving public input again, and would be tantamount to having another lic h aring. Mr. Lanza requested that the public hearing be left open =-nabl th applicant to address issues that the Commission had felt were ad quat ly dealt with. Commission members demurred because a precedent Id be set wh re applicants whose presentations were not complete would ect a second hearing. ive minute recess was suggested. Mrs. Rossi made a motion to recess for -e minutes, Mrs. Montana seconded, and the motion carried 6-0. L that ly after the recess, a vote was taken on Mrs. Montana's ins motion to Ltinue the public hearing with the provision that only n .ating to the agreement between the developer and the Town be accepted, l th motion was defeated 5-1 . Voting with the motion wa Mrs. Rossi. :ing against it were Commissioners Woodcock, Montana, Evans, Sorenson, ! Nad 1. Mr. Conde had left prior to the vote, and Mr. Castro was not 3sent when th vote was taken. public hearing moved on. Mr. Hart was named to sit for Mr. Conde. :y. Lanza r turned to state that Mr. Musumano had been in the development ainess for about 25 years, and had never had a project approved in which had not r main d r sponsibl for th build-out. PLANNING AND ZONING COMMISSION 13 30 AUGUST 1988 Architect Alan Lamson, a Land Planner also, referred to Town Planner Marcia Banach's report wherein it was stat d that multi-family housing was compatible with the Town Plan in layout and density as w 11 as zoning. He suggested that since some Commissioners had reservations about developing multi-family housing along Sullivan Avenue, perhaps the RO/RC mix would prove feasible. Mrs. Rossi asked what would happen to the land parcel that was to hav been donated to the Town, regardless of whether the road is built from Clark Str t to Sullivan Avenue or not. The applicant responded that it was their intent to leave the parcel as open area. Mrs. Evans asked about phasing; Atty. Lanza said five phases were planned, with the multi-family housing first. Mrs. Woodcock asked what would happen in the event of a partial approval; Atty. Lanza answered that approval was needed for th entire project based on current considerations. Betsy Kaemmerlen discussed drainage, runoff, and wetlands impacts from th project, and read the following Fuss & O'Neill comments from a 1 tt r dated June 13, 1988. Accompanying our General Plan of Development as required by th zoning regulations, the following report addresses the feasibility and impacts of the stormwater drainage, sanitary sewer and water service for the proposed project. Stormwater: Presently, the site drains in a westerly direction into the Podunk River. Our proposed site will also drain in this direction, thereby not diverting any stormwater out of it's natural watershed. The stormwater from the proposed site will enter a detention basin which will detain the flows such that the peak flows entering the Podunk River from the proposed site will not be any greater than the existing flows, leaving the site. Since the proposed peak flows will not exceed the existing peak flows there will not be any impacts to existing downstream drainage facilities. The detention basin shown was sized to handle the flows from the condominium complex as well as the office and/or retail uses proposed along Sullivan Avenue by 'Mr. Musamano. Sanitary Sewer: The site will be graded to drain to the west, thereby allowing the on-site sanitary sewer to flow by gravity in the same direction and will connect to the existing sanitary sewer on Pierce Road. An easement shall be obtained from William and Jeanne Mangino of 272 Pierce Road to allow for construction, maintenance and access to the line. According to Fred Shaw of the Town Engineer's office, enough reserve capacity exists in this sewer to date for our proposed development. An existing pump station, downstream also has enough capacity to handle our sanitary flows. PLANNING AND ZONING COMMISSION 14 30 AUGUST 1988 Water Presently, water main does not exist in front of our site on Sullivan Avenue and no water main exists nearby on Pierce Road. We are proposing to extend a 12" main which exists near Sand Hill Road down Sullivan Avenue to our site. This main is owned by the Connecticut Water Company, and has a static pressure of 95 psi and residual of 87 psi at a flow of 1100 gpm. We will serve the site from the extended main. Several hydrants have been shown on the plans at the direction of Fire Chief Bill Lanning. Ms. Kaemmerlen said buildings were being kept at least 40, away from th nearest wetlands, and that only two very small areas of wetlands would be disturbed by installation of the detention basin. In response to a qu stion from Mr. Nadel, Ms. Kaemmerlen said the extension of water from Sand Hill down to the site would involve about 1000' of water main. Engin r Steve Mitchell said traffic statistics had already been covered, but that he wanted to address Mrs. Rossi's question about the number of vehicl s per dwelling unit. He said the Institute of Transportation Engin ers had recently published a new Trip Generation Manual involving an interpolated series of curves that was difficult to capsule, but that slightly and r ten trips per dwelling unit was a figure often used. He ask d that the traffic report be entered into the record. After a final summary by Atty. Lanza, the public hearing adjourned. DATE APPROVED Respectfully submitted, Date: Raymond F. Hallowell, Chairman Planning and Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Chairman Hallowell: Application # 88-55P Musumano 12.9 ac. zone change RR/RC e/s Sullivan RE: Application #88-56P Name Mlisimiano 12 9 ac- nnP nhange RP./un "/s SLti]livan Application # 88-58P Musumano 5.5 ac. zone charge RR/RD w/s Sullivan Application # 88-594 Musumano 68+ ac. MF zone change/Gent. Plan w/s Sulli- The applicant, J p �J�'`"'��n , hereby van requests a 65 day extension o the action ate wit respect to the above referenced application. Very T Y ours, Lkp ml 1 1 pow M at,t y r ?d&U&Ot o � C V r) � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �'►'oso�,C0 AREA CODE 203/644-2511 December 8, 1988 Town Manager Richard J. Sartor South Windsor Town Hall 1540 Sullivan Avenue South Windsor, Conn. 06074 Dear Mr. Sartor, At the Regular Meeting of the South Windsor Town Council held December 5, 1988, the following Resolution was approved: BE IT RESOLVED THAT the South Windsor Town Council hereby authorizes Town Manager Richard J. Sartor to enter into an agreement with developer Jeffrey Musumano to provide for the conveyance of 51 acres ± from the developer to the Town of South Windsor upon the happening of certain conditions, and to further provide for the construction of a bypass road and related improvements by the developer subject to certain conditions . Respectfully, Denise E. Sabotka Secretary to the Clerk of the Council des to be provided hereunder to the Town by the Developer, the Town And the Developer hereby mutually agree and covenant as follows: Section 1. . - Nature and Phases of agreement. The Developer and the Town both acknowledge that it will be necessary to divide the various performances and obligations of the parties under the Agreement into four phases. Those phases are, the Zone Change Phase which will be addressed in Section 2, the Site Plan Application Phase (which shall be deemed to include the obtaining of all Town agency approvals including, but not limited to Wetlands approvals as may be required by the Town) which will be addressed in Section 3, the Site Plan Approval Phase which will be addressed in Section 4, and the Completion of Road Improvements Phase "`' "• which will be addressed in Section 5. „ Section 2. - Zone Change Phase. The Developer presently has pending before. the. Town Zoning Commission applications for zone changes from RR to RO or RC zone and from RR to MF zone with approval of General Plan of Development. The Developer agrees to pursue said zone changes in good faith and with all appropriate diligence, zeal and in accordance with t Ie provisions of this Agreement. Subsection 2.1 - Concurrent Applications. The Developer further agrees that Developer's application for a RO or RC zone change and the Developer's application for it MF zone change and approval of the General Plan of Development shall be pursued concurrently with the Zoning Commission. To this end, the Developer shall request from the Zoning Commission that the hearings for said zone changes and General Plan of Development be held either concurrently or immediately consecutively of one another. Furthermore, the Developer shall request that the Zoning Commission in its deliberations on said zone change and General Plan of Development applications either approve both the applications or deny both applications through whatever procedure said Zoning Commission deems advisable. In the event that the Zoning Commission refuses to grant the requests contained in this Section then the Developer shall withdraw both said applications from the Zoning Commission. Subsection 2.2 - Exclusive Authority to Zoning Commission. The Town and the Developer expressly acknowledge and agree that the Zoning Commission possesses the sole and exclusive authority under the Connecticut General Statutes and the Regulations to deliberate and decide upon the Developer's application to the Zoning Commission for designation of the premises as a ; RO or RC and a MF Zone and General Plan of Development. The Town and the Developer further acknowledge and agree that the purpose of this Agreement is not to express any opinion on the part of the Town as to the desirability or undesirability of the Developer's application to the Zoning Commission, and not to influence the Zoning Commission In favor of granting the Developer's application, but merely to provide for an allocation of duties in the best interest of the health, safety, and welfare of the residents of the Town of South Windsor if the Developer's application to the Zoning Commission is approved. Accordingly, the Town and the Developer expressly agree that if the Zoning Commission denies the Developer's application for a zone change which is currently before the Zoning Commission this Agreement shall be voidable by oither party by written notice to the other. Subsection 2.3 -Approval of ZUne Changes. Once the Developer has received an approval of either zone change application or both said applications, and upon the running of all appeal periods with no appeal having been taken from said approval or approvals, or upon the resolution of any appeal from any such approval in favor of the Developer with no further appeal being available therefrom or all appeal periods which may have been available therefrom having run (hereinafter "Absolute Approval"), then the Developer shall immediately convey to the Town by Warranty Deed all the Public Use Land. Said Decd shall be held In escrow by the Town Attorney until the sooner occurrence of the receipt of site plan approval or denial by the . 2- t O r Tiow� ops `�• w` 1540 SULLIVAN AVENUE " SOUTH WINDSOR, CONN. 06074 OR•c0 AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, JAN. 7 , 1989 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At its Jan. 3, 1989 meeting, the Planning and Zoning Commission voted to take the following action: 1 . Deny Appl . #88-59P; application of Jeffrey Musumano for a Zone Change to MF-AA and General Plan of Development for approximately 68 .56 acres of property on the westerly side of Sullivan Avenue southerly of Pierce Road, RR Zone. Dated at South Windsor, Connecticut this 4th day of January, 1989 . PLANNING AND ZONING COMMISSION Raymond F. Hallowell, Jr. , Chairman Marshall Montana, Secretary r lira@ FUSS&O'NBLL consulting engineers January 9, 1989 Mr. Leon Schweir 59 Sullivan Avenue South Windsor, CT 06074 Re: Route 5 Improvements Dear Mr. Schweir: I am writing to confirm our telephone conversation of January 5, 1989 concerning the subject improvement. You informed me that it has been your observation that the southeast corner of Route 5 and Sullivan Avenue is a dangerous location due to an inadequate turning radius for WB-50 trucks. In addition, the location of a 48-inch tree at this corner is such that it has been hit numerous times by the trucks. The proposed improvement would decrease the turning radius which would further aggravate the existing problem. It is our understanding that the removal of this tree would impact your house and property, and therefore, would require a take on your land. It is beyond the scope of this development to undertake this improvement under those conditions. At this time, we intend to withdraw this plan from the Gerber application. We appreciate your assistance in this matter. Very truly yours, Susan T. Smichenko Transportation Engineer STS:smc cc: William W. Stoeckert Marcia Banach Gary K. Tyler John Decker 85-350 0106ATRF. 10 146 HARTFORD ROAD / MANCHESTER, CONN. 06040 / TEL. (203) 646-2469, FAX. EXT. 307 SOLID WASTE MANAGEMENT•WASTE WATER SYSTEMS•EROSION CONTROL•WATER SYSTEMS•HYDROLOGY and DRAINAGE SYSTEMS•SITE PLANNING HIGHWAYS and BRIDGES SURVEYING•LANDSCAPE ARCHITECTURE•TRANSPORTATION and TRAFFIC•PUBLIC WORKS MANAGEMENT•HYDROGEOLOGY S a 96 s t, o C V 9 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 R•co AREA CODE 203/644-2511 11 January 1989 Atty. Michael Lanza 1610 Ellington Road P. 0. Box 667 South Windsor, CT 06074 re: Appl. #88-59P Jeffrey Musumano - Zone Change to MF-AA and General Plan of Development Gentlemen: Please be advised that the Planning and Zoning Commission voted on January 3, 1989 to deny the above referenced application for a Zone Change to MF-AA and General Plan of Development. If you have any questions regarding this matter, we will be happy to help you address them. Very truly yours, PLANNING AND ZONING COMMISSION David H. Sorenson Vice Chairman r e,MN aE� a <� T 07 o �i 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R-CO AREA CODE 203/644-2511 11 January 1989 Atty. Michael Lanza 1610 Ellington Road P. 0. Box 667 South Windsor, CT 06074 re: Appl. #88-59P Jeffrey Musumano - Zone Change to MF-AA and General Plan of Development Gentlemen: }- Please be advised that the Planning and Zoning Commission voted on January 3, 1989 to deny the above referenced application for a Zone Change to MF-AA and General Plan of Development. If you have any questions regarding this matter, we will be happy to help you address them. Very truly yours, PLANNING AND ZONING COMMISSION N�t David H. Sorenson Vice Chairman 1. C ' ems . ► �r 3 0 9 iO4 n 1TV4,40 AN x • r 4./wem0 from TOWN OF SOUTH WINDSOR TOWN HALL HALL SOUTH WINDSOR,CONN. 06074 F TO ATTY MICHAEL LANZA DATE 1-26-89 L SUBJECT: JEFFREY MUSUMANO FOLD- RETURNING TO YOU: APPLICATION, YOUR LETTER 1-10-89 , AND YOUR CHECK #1176 , ALL ASSOCIATED WITH THE SUBJECT JEFFREY MUSUMANO. r By 1100le _ AGREEMENT This Agreement (The "Agreement") entered into on the date hereinafter set forth by and between the TOWN OF SOUTH WINDSOR, a municipal corporation organized under the laws of the State of Connecticut and located in the County of Hartford, State of Connecticut (the "Town") acting by and through its Town Manager, Richard J. Sartor, having been duly authorized to do so, and JEFFREY N(USUMAN94f the Town of Avon, County of Hartford and State of Connecticut, mailing address c/o P.O. Box 667, 1610 Ellington Road, South Windsor, Connecticut 06074 (the "Developer"). RECITALS WHEREAS, Developer has entered into a contract to purchase, or has an option to purchase, two (2) parcels of land located on the east and west sides of Sullivan Avenue, which parcels are more fully described in Exhibit A attached hereto; WHEREAS, the Developer has submitted an application to the Town Planning & Zoning Commission of the Town of South Windsor (The "Zoning Commission") pursuant to Section 11.2.3 of the Town of South Windsor Zoning Regulations (the "Regulations") to designate the Premises as RO or RC and MF Zones and to provide the General Plan of Development for the MF Zone; WHEREAS, the Developer's application for RO or RC Zone change and General Plan of Development for the MF Zone change submitted to the Zoning Commission proposes the construction of an office project and a condominium development to be located on the Premises; WHEREAS, The Zoning Commission, in the independent exercise of its authority granted under the Connecticut General Statutes and the Regulations may determine that the Premises will be designated as an RO or RC and an MF Zone and that the Developer's General Plan of Development for the MF Zone will be approved only if certain conditions are met including, but not limited to, the conveying to the Town of a certain portion of the Premises for public use more specifically described in Exhibit B attached hereto (the "Public Use Land"), and the completion (or reasonable probability of completion) of certain public improvements in the nature of new, widened, or reconstructed public roads, which public improvements (the "Road Improvements") may not be located on or adjacent to the Premises, nor even provide direct access or service to the Premises; WHEREAS, the Developer has agreed in return for the consideration provided by the Town to the Developer hereunder, to provide for such Road Improvements as more fully and precisely described below pursuant to the terms and provisions of this Agreement if-the Zoning Commission approves the Developer's application for a zone change to RO or RC, and a zone change and General Plan of Development to MF for the Premises;-and WHEREAS, the Town believes that it is necessary for the health, safety, and welfare of the residents of the Town of South Windsor to Plan for such improvements in the event the Zoning Commission approves the application of the Developer and, accordingly is willing to agree to use its best efforts to provide the necessary right-of-way and slope rights over certain land not under the control of the Developer to allow such improvements to be done by Developer pursuant to the terms of this Agreement;and WHEREAS, the Developer believes it is necessary for the preservation of the environment to set aside the Public Use Land for public purposes rather than private development; NOW THEREFORE, in consideration of their mutually beneficial covenants, agreements, and obligations set forth herein, and in consideration of the monetary and other considerations i to be provided hereunder to the Town by the Developer, the Town and the Developer hereby mutually agree and covenant as follows: Section 1. - Nature and Phases of Agreement. The Developer and the Town both acknowledge that it will be necessary to divide the various performances and obligations of the parties under the Agreement into four phases. Thoses phases are, the Zone Change Phase which will be addressed in Section 2, the Site Plan Application Phase (which shall be deemed to include the obtaining of all Town agency approvals including, but not limited to Wetlands approvals as may be required by the Town) which will be addressed in Section 3, the Site_Plan Approval Phase which will be addressed in Section 4, and the Completion of Road Improvements Phase which will be addressed in -Section 5. Section 2. - Zone Change Phase. The Developer presently has pending before the Town Zoning Commission applications for zone changes from RR to RO or RC zone and from RR tb MF zone with approval of General Plan of Development. The Developer agrees to pursue said zone changes in good faith and with all appropriate diligence, zeal and in accordance with the provisions of this Agreement. Subsection 2.1 - Concurrent Applications. The Developer further agrees that Developer's application for a RO or RC zone change and the Developer's application for a MF zone change and approval of the General Plan of Development shall be pursued concurrently with the Zoning Commission. To this end, the Developer shall request from the Zoning Commission that the hearings for said zone changes and General Plan of Development be held either concurrently or immediately consecutively of one another. Furthermore, the Developer shall request-that the Zoning Commission in its deliberations on said zone change and General Plan of Development applications either approve both the applications or deny both applications through whatever procedure said Zoning Commission deems advisable. In the event that the Zoning Commission refuses to grant the requests contained in this Section then the Developer shall withdraw both said applications from the Zoning Commission. Subsection 2.2 - Exclusive Authority to Zoning Commission. The Town and the Developer expressly acknowledge and agree that the Zoning Commission possesses the sole and exclusive authority under the Connecticut General Statutes and the Regulations to deliberate and decide upon the Developer's application to the Zoning Commission for designation of the premises as a 1 RO or RC and a MF Zone and General Plan of Development. The Town and the Developer further acknowledge and agree that the purpose of this Agreement is not to express any opinion on the part of the Town as to the desirability or undesirability of the Developer's application to the Zoning Commission, and not to influence the Zoning Commission in favor of granting the Developer's application, but merely to provide for an allocation of duties in the best interest of the health, safety, and welfare of the residents of the Town of South Windsor if the Developer's application to the Zoning Commission is approved. Accordingly, the Town and the Developer expressly agree that if the Zoning Commission denies the Developer's application for a zone change which is currently before the Zoning Commission this Agreement shall be voidable by cvtfier pares y written notice to the other. Subsection 2.3 - Approval of Zone Changes. Once the Developer has received an approval of either zone change application or both said applications, and upon the running of all appeal periods with no appeal having been taken from said approval or approvals, or upon the resolution of any appeal from any such approval in favor of the Developer with no further appeal being available therefrom or all appeal periods which may have been available therefrom having run (hereinafter "Absolute Approval"), then the Developer shall immediately convey to the Town by Warranty Deed all the Public Use Land. Said Deed shall be held in escrow by the Town Attorney until the sooner occurrence of the receipt of site plan approval or denial by the - 2 - Zoning Commission under Section 4 hereof, Developer's withdrawal of its application for site plan approval under Section 3 hereof, or Developer's breach of any material term of this Agreement. Upon such occurrence of any one of these contingencies the Town Attorney shall be authorized to release the Warranty Deed referred to in this Section to the Town for recordation without the need of further authorization or documentatioA. During the time that the Deed to the Public Use Land is being held in escrow the Developer shall be entitled to use the area contained therein for purposes of supporting Developer's site plan application referred to in Section 3 hereof to the extent allowed by the regulations. Subsection 2.4 - Release of Developer. The Town agrees that the Developer shall be released from its obligations which have otherwise matured and become effective hereunder if: (1) (i) the Developer withdraws its application for both zone changes to RO or RC and MF and General Plan of Development; and (ii) such withdrawal is accepted by the Zoning Commission so that all rights granted by any such approvals become null and void, and of no further legal effect; and (iii) counsel of the Town certifies to the Town that conditions (i) and (ii) above have been satisfied; or (2) in the alternative, if counsel for the Town certifies to the Town that: (i) both approvals of the Developer's current application for zone changes for the Premises have been reversed on appeal by a court or competent jurisdiction from which court no further appeal is available and such approval is thereby null and void, and of no further effect, or if a further appeal is available, that all periods for taking such appeal have expired and the right to such appeal no longer exits; or that (ii) for some other reason such approval is null and void and of no further effect. Section 3. - Site Plan Approval Application Phase. Once Developer has received Absolute Approval of Developer's applications or either application covered in Section 2 hereof, then Developer shall proceed with all reasonable diligence for application for site plan approval for the site plan or site plans on the portions of the Premises for the applications which were approved by the Zoning Commission as required in Section 2 hereof. Developer shall pursue said site plan approval with all appropriate diligence, zeal and in accordance with the Regulations and subject to the terms of the Agreement. Subsection 3.1 - Preconditions to Filing of Site Plan Application. The Developer shall not proceed with its site plan application and the Town shall have no obligation to perform its obligations under this Agreement unless and until the Developer has provided for the transfer of title of the Public Use Land to the Town in escrow in accordance with Subsection 2.3 of this Agreement, and until the Developer has tendered a passbook in the amount of $100,000.00 in the Developer's name together with an irrevocable power of attorney coupled with an interest naming the legal counsel for the Town as signator which account shall be held pursuant to the terms of this Agreement. The contribution to be made by the Developer in this Section shall be made within thirty (30) days of the date the request therefor was sent to the Developer. If the amount requested has not been paid to the Town within thirty (30) days of the date the request therefor was sent to the Developer, a late charge equal to five percent (5%) of the amount requested (not to exceed two thousand (2,000.00) dollars) shall be paid in addition to the amount requested. Thereafter, the Developer shall pay interest to the Town on the unpaid amount requested at a rate equal to the lesser of twelve percent (12%) per annum, or the maximum rate permitted under applicable law. All computations of interest payable hereunder shall be made on the basis of the actual number of days elapsed from the date such requested amount was due and payable until such amount requested is paid in full, divided by 360. Any partial payment to the Town of the contribution shall be credited toward and reduce accordingly the remaining amount of the contribution due hereunder. Any late charge or interest which becomes due hereunder or any amount which becomes due under Sections 8 or 9 hereof (relating to - 3 - enforcement and collection expenses), shall not be credited toward, and shall not reduce the remaining amount of the contribution due hereunder. Subsection 3.2 - Towns Obligations. Once Developer has performed all obligations under Section 3.1, the Town's duties under this Agreement shall include using its best efforts to secure all necessary rights of way, drainage, slope and other rights as are needed to enable Developer to construct the Road Improvements described in Section 4 hereof and as may be required by the Zoning Commission. The Town shall perform its duties with respect to Road Improvements in a manner consistent with such time schedule as may be imposed by the Zoning Commission, subject to such time delays as may result from the judicial process. Once the Town has completed its acquisitions specified under this Subsection and after paying all costs and expenses associated therewith including, but not limited to, legal fees and costs of all types, then the Town shall return any proceeds to Developer which may be remaining after paying all such expenses. In no event shall Developer be required to pay more than $100,000.00 in the principal amount under this Subsection. Subsection 3.3 - Stipulations in Application for Site Plan Approval. The Developer shall request in its application for site plan approval on any portion of the premises in question for which a zone change has been approved, that as part of the stipulations in any approval of any such site plan granted by the Zoning Commission that no building permits would be issued to the Developer until the provisions of Section 4.1 of this Agreement have been met by the Developer. Further, the Developer shall request that the Zoning Commission make a further condition of the approval that no certificates of occupancy shall be issued until the Developer has complied with the provisions of Section 4.2 of this Agreement. Subsection 3.4 - Release of Developer. The Town agrees that the Developer shall be released from its obligations which have otherwise matured and become effective under this Section if: (1) (i) the Developer withdraws all its applications for site plan approval; and (ii) such withdrawal is accepted by the Zoning Commission so that all rights granted by any such approvals become null and void, and of no further legal effect; and (iii) the Developer has abandoned all rights or all Developer's rights to the Premises have expired as opposed to being conveyed to another; and (iv) counsel of the Town certifies to the Town that conditions (i), (ii) and (iii) above have been satisfied; or (2) in the alternative, if counsel for the Town certifies to the Town that: (i) all approvals of the Developer's applications for site plan approval' for the Premises have been reversed on appeal by a court or competent jurisdiction from which court not further appeal is available and such approval is thereby null and void, and of no further effect, or if a further appeal is available, that all periods for taking such appeal have expired and the right to such appeal no longer exists; or that (ii) for some other reason such approvals are null and void and of no further effect; or (iii) if the Zoning Commission shall deny all of Developer's site plan applications for the Premises with Developer taking no appeal; or (iv) if the Zoning Commission (or the Inland Wetlands Commission of the Town or any other Town agency) ,p approves Developer) application but attaches such conditions or makes such modifications which, in Developer'sAgoodAfaith determination (which shall be subject to review by the Towd), renders the project economically unfeasible and providing Developer allows said site plan approval to lapse so that it is no longer valid. Section 4. - Site Plan Approval Phase. Once the Developer has received an approval of all such site plan applications and upon the running of all appeal periods with no appeal having been taken from said approval or approvals, or upon the resolution of any appeal from any such approval in favor of the Developer with no further appeal being available therefrom or all appeal periods which may have been available therefrom having run (hereinafter "Absolute Approval"), then be subject to the requirements of Subsection 4.1 hereof. - 4 - Subsection 4.1 - Bonding and Road Coinstruction Vs Lump Sum Payment. Upon Absolute Approval of all such site plan applications the Developer shall be obligated to perform the terms of Subsection 4.1.1 hereof unless it is determined in accordance herewith that Developer shall be entitled to perform the terms of Subsection 4.1.2 in lieu of Subsection 4.1.1, in which case then Developer shall be obligated to perform the terms of Subsection 4.1.2 hereof. Subsection 4.1.1 - The Developer shall post a satisfactory performance bond in favor of the Town in the amount of $500,000.00 and then the Developer shall commence the construction process of Road Improvements all pursuant to Subsection 4.3 hereof. Subsection 4.1.2 - Providing Developer has made a good faith determination (subject to the right of the Town to scrutinize the basis for said determination and the further right of the Town to challenge same pursuant to Subsection 4.1.2.2) that the road construction described in Section 4.3 hereof is not economically feasible for one or more of the reasons in Subsection 4.1.2.1, then Developer shall pay the Town the sum of $500,000.00 together with a sum equivalent to the cumulative percentage amount by which said $500,000.00 has increased based upon any increase in the "Yearly Average Composite Index" determined by the State of Connecticut Department of Transportation and published as part of the report prepared by such department and currently known as "Connecticut Price Trends For Highway Construction" from November 30, 1988 until the date it is finally determined pursuant to this Subsection that the Developer shall be allowed to pay to the Town the sums hereunder together with all engineering prepared by or for Developer relative to the Road Improvements in lieu of performing the requirements of Subsection 4.1.1 hereof. Subsection 4.1.2.1 - The reasons the project may not be economically feasible are as follows: a. If an inordinant amount of time has elapsed in the zoning process, through no fault of Developer, resulting in the cost of said road construction increasing significantly over the road construction cost based on customary industry standards for such Road Improvements that Developer could have reasonably projected for November of 1988.® b. If latent site conditions are encountered which could not have been reasonably anticipated by Developer and which resulted in the cost of said road construction increasing significantly over the road construction cost based on customary industry standards for such Road Improvements that Developer could reasonably have anticipated in November of 1988.,Z) Subsection 4.1.2.2 - If the Town challenges Developer's determination hereunder, the matter shall be resolved through binding arbitration utilizing the American Arbitration Society vehicle. Subsection 4.1.3 - The Developer hereby specifically agrees that no building permits will be issued nor will Developer request any building permits for any construction upon any portion of the premises covered by any site plan approval until the provisions of this Section 4 have been complied with by Developer. Developer further agrees that the Town may seek injunctive relief to enforce the provisions of this Section 4. Subsection 4.2 - Completion of Road Improvements and Issuance of Certificate of Occupancy. If Developer has elected to pursue the performance of its obligations under this Section 4 of this Agreement pursuant to the requirements of Subsection 4.1.1 of this Agreement, then Developer hereby specifically agrees that no certificate of occupancy will be issued for any such structure nor will Developer request any certificate of occupancy for any structure constructed upon any portion of the Premises covered by any site plan approval until all provisions of said Subsection 4.1.1 have in fact been complied with and the Road Improvements 5 - - 9 (Aa-4 iS a., i�j c Re4� � Sac ion�Q GZ►�a-�ir, ��,.. �o 0 f 6y sw6l'� ,��a,H. SO/o a 6•Y't zi 00 ke�(2.e-� /7g /O% ,04 e o a 4 C o n cz6� G o Sf have been completed; provided however that if Developer has pursued the Road Improvements on a continuous, diligent and good faith basis as shall be reasonably determined by the Town and said Road Improvements are not completed or the completion thereof has been stopped or hindered through no fault of the Developer, then Developer shall be entitled to obtain certificates of occupancy during any such period of time where the factors set forth in this sentence shall continue to exist. If it is determined that Developer will not be required to comply with the provisions of Subsection 4.1.1 hereof but will have to comply with Subsection 4.1.2 and all obligations thereunder have been met by Developer, then the provisions of this Subsection 4.2 will not be applicable to the Developer. Subsection 4.3 - Construction of Road Improvements. The Developer hereby agrees at its expense to design, obtain all approvals for and construct the Road Improvements, including the roadway drainage and/or utilities, excluding sewer, water and gas, as required by this Section, subject to the requirements of the Zoning Commission and Town Staff, and in accordance with Connecticut Department of Transportation Standards. Subsection 4.3.1 - The Developer covenants that construction of the road improvements will commence on or before the date preliminary site work or construction begins for the Developer's proposed office park or condominium development to be located on the Premises, will be pursued diligently in good faith and completed in a reasonably expeditious fashion, and shall be substantially completed prior to the date the Developer's proposed office park or condominium complex is completed and opened to the public. However, in the event that the Developer is unable to commence construction of the road as a result of delays caused by litigation initiated to prevent the road from being constructed as outlined in this agreement, the Developer may begin construction of the proposed office park and/or condominium development to be located on the premises, provided the Developer has met the security obligations as outlined in Subsection 4.3.2 hereof. The Developer agrees that the roadway described above, and appurtenant drainage and other accessory structures reasonably necessary to support said roadway will be constructed in accordance with the current applicable specifications of the Town of South Windsor, and all applicable laws, regulations and ordinances, and to Connecticut Department of Transportation Standards. Subsection 4.3.2 - The Bonding for the Roadway Improvements Shall be Accomplished as Follows: (a) As security for the performance of its obligations hereunder, the Developer intends to provide to the Town an irrevocable Letter of Credit issued to the Town as beneficiary by Developer in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), in a form satisfactory to the Town (the "Letter of Credit"). However, if Developer posts a cash bond the Town agrees that said funds shall be placed in. a money market account and the interest earned thereon shall accrue to and be paid to Developer upon release of said bond provided Developer has not materially breached his obligations thereunder. (b) Notwithstanding any provision in this Agreement to the contrary, the Town shall be entitled to draw the unpaid balance of the Letter of Credit (i) -if any partial or full payment due under Subsection 4.3 hereof is not paid when due; or (ii) if the Developer is in default of its other obligations under this Agreement any time within the thirty (30) day period immediately prior to the expiration date of the Letter of Credit upon the written request of the South Windsor Town Manager (or other official authorized by the South Windsor Town Council), no other certificate or approval to be necessary, unless on or before the last business day preceding such thirty (30) day period immediately prior to such expiration - 6 - date, the Developer: (i) provides for renewal of such Letter of Credit upon the same terms; or (ii) delivers to the Town a replacement of such Letter of Credit by another letter of credit in an amount equal to the then unpaid amount of the Contribution then due hereunder (but not in an amount exceeding FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), containing the same terms as does the Letter of Credit, and either issued by the same bank that issued the Letter of Credit or such other bank as may be satisfactory to the Town in its sole and absolute discretion; or (iii) delivers such other security as shall be satisfactory to the Town in its sole and absolute discretion. The parties agree that any funds drawn against the Letter of Credit pursuant to this paragraph may be held by the Town, at its option, as security for performance by the Developer of its obligations hereunder, and shall be applied pursuant to paragraph 3 hereof. The Town may commingle such funds so drawn with other Town funds and invest such funds in such manner as the Town sees fit, and shall be entitled to all interest or income, if any, earned thereon. (c) The parties agree that the purpose of the Letter of Credit referenced in (a) and (b) above is to reasonably provide for the completion of the road construction by the Town in the event Developer is in default of its obligations under this Agreement. As Developer performs its obligations under this Agreement, the Town shall within ten (10) business days of receipt of a written request by Developer for a reduction in the amount of the Letter of Credit respond to said request in writing. Such response shall either (a) approve the reduction requested by Developer; (b) or reject in whole or part Developer's request; provided however, the Town shall specify the reason(s) why such request was modified or denied. Developer agrees not to submit such requests more frequently than once every 60 days unless a request is denied or modified by the Town in which case Developer may resubmit a request when the work itemized in the Town's reply is completed. All such reductions shall be subject to the applicable terms of Subsection 4.3.3 hereof. Subsection 4.3.3 - The Town shall be the entity to make the final determination of completion of the Road Improvements to be constructed by the Developer under this Agreement. Said determination of completion shall be in accordance with accepted Connecticut Department of Transportation Standards for the acceptance of completion of similarly designed and constructed Road Improvements. Prior to completion of said Road Improvements however, the Developer shall be entitled to petition the Town for reductions in the amount of the bond being held by the Town pursuant to Subsection 4.3.2 hereof based on the satisfactory completion of portions of the road improvements to that particular point in time that Developer would be seeking such a reduction, specifically providing that in no event will the Town be required to reduce the bond below an amount equivalent to 125% of the amount of the cost of the outstanding work (including overhead and profit) to be done on said road improvements as determined in good faith and according to customary and acceptable industry standards by the Town. Section 5. - Completion of Road Improvements Phase. Once the Developer has complied with the applicable provisions of Section 4 hereof for the performance of Developer's obligations under Section 4, then the Town shall grant to the Developer such tax credits as it may lawfully extend pursuant to the Connecticut General Statutes including, but not limited to Chapter 203, and further subject to the provisions of Subsection 5.1 hereof. Where there are alternate methods - 7 - the Town will use the method most likely to provide a tax credit that runs with the land on so much of the Premises as may be designated by Developer to the extent allowed by law. Subsection 5.1 - Tax Credits Shall be Issued Pursuant to the Applicable Provisions of One of the Following Subsections Hereto: Subsection 5.1.1 - In the event that the Developer has complied with its obligations under Section 4 hereof pursuant to the requirements of Subsection 4.1.1 of this Agreement, then the Town shall grant to the Developer tax credits of Developer's actual cost of construction up to $500,000.00 pursuant to the Connecticut General Statutes. Subsection 5.1.2 - In the event that the Developer has satisfied its obligations under ® Section 4 of this Agreement pursuant to the requirements of Subsection 4.1.2 of this Agreement then the Town shall grant to the Developer tax credits of up to as provided in the Connecticut General Statutes for all or a portion of the structures contained on the premises. Section 6. - Representations and Warranties. Developer represents and warrants to the town the following: This Agreement has been duly executed and delivered by the Developer and constitutes the legal, valid and binding obligation of the Developer enforceable against Developer in accordance with its respective terms. Section 7. - Specific Performance. (a) The Developer acknowledges and agrees that the Town would be materially damaged by the failure of the Developer to perform its obligations under this Agreement, for which damage no adequate remedy at law exists. Accordingly, the Developer expressly agrees and consents that the Town shall be entitled to the remedy of specific performance and such other equitable remedies as may be available in the event the Developer fails to perform its obligations hereunder. (b) Each party shall be liable to the other for reasonable costs and expenses, including without limitation reasonable attorneys' fees, incurred by either party in attempting to enforce this Agreement in the event the other party is in default of its obligations to the other. Section 8. - Indemnification. Each party hereby agrees to indemnify and hold the other harmless from any claims, suits, actions, losses, damages, costs and expenses including without limitation reasonable attorneys' fees arising from or with respect to the failure of either party to perform its obligations under this Agreement. Section 9. - Joint and Several Liability. The obligations of the Developer hereunder shall be the joint and several obligations of the partners thereof. Section 10. - No Assignment. The Developer may not assign its rights or delegate its duties hereunder without the prior express written consent of the Town (which will not be unreasonably withheld based upon the financial condition of the proposed assignee and ability to perform the terms of this agreement by the proposed assignee) and any attempt to do so in contravention of this paragraph shall be voidable at the sole discretion of the Town; provided -- ----�- .ft".. .. *thnut the Town's prior written consent, assign its rights hereunder to an entity succeeding to Developer's interest in the premises so long as (i) such entity is owned or controlled by Developer; and (ii) such successor assumes and agrees in writing to be bound by the terms and conditions of this Agreement. Notwithstanding the foregoing, Developer may conditionally assign its rights hereunder if required by the bank or financial institution providing Developer with construction mortgage financing if such conditional assignment is required as a condition of such loan. Section 11. - Connecticut Law Governs. Connecticut law shall govern the interpretation and enforcement of this Agreement. - 8 - Section 12. - Covenants of Developer to Run with Land. ALL AGREEMENTS, PROMISES OR COVENANTS OF THE DEVELOPER HEREUNDER, HOWEVER DENOMINATED, SHALL BE DEEMED TO BE COVENANTS OF THE DEVELOPER. THE DEVELOPER (AND THE PARTNERS THEREOF IN THEIR INDIVIDUAL CAPACITY) EXPRESSLY COVENANT AND AGREE THAT THE COVENANTS OF THE DEVELOPER HEREIN SHALL MATERIALLY BENEFIT THE PREMISES AND SHALL RUN WITH THE PREMISES (OR PORTION THEREOF) AT SUCH TIME AS IT (OR THEY) ACQUIRE AN OWNERSHIP INTEREST IN THE PREMISES (OR A PORTION THEREOF), WHICH COVENANTS SHALL BIND THEIR SUCCESSORS AND ASSIGNS AND ANY OTHER PARTY CLAIMING TITLE TO SUCH PREMISES TO OR THROUGH THE DEVELOPER OR THE PARTNERS THEREOF. Section 13. - Severability. In the event any provision in this Agreement, or portion thereof, is determined to be invalid, or unenforceable, by a court of competent jurisdiction, it is the express intent and agreement of the Town and the Developer that such invalid or unenforceable provision or part thereof be deemed severed from and shall not effect the validity or unenforceability of the remainder of this Agreement. Section 14. - Binding Effect. The covenants and stipulations of this Agreement shall apply to and bind the heirs, executors, administrators, successors and permitted assigns of the respective parties hereto. Section 15. - Entire Agreement. It is understood and agreed that this Agreement constitutes the entire Agreement between the parties hereto and that no oral statements or promises or any understanding not embodied in writing shall be valid or binding upon the parties hereto. Section 16. - Notices. All notices required or permitted hereunder shall be sent to the party receiving notice at the address indicated below, and shall be hand delivered or sent by either first class certified mail (postage prepaid, return receipt requested) or by responsible courier service: If to the Town If to the Developer Richard J. Sartor Town Manager Town of South Windsor ' Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Any notice provided by mail or courier service shall be deemed to have been provided when mailed or entrusted to a responsible courier service, as the case may be, pursuant to the provisions of this paragraph. Any party entitled to receive notice hereunder may change the address to which notice to that party shall be sent by notifying the other parties, in writing, of such change in address, pursuant to the provisions of this paragraph. Section I7.-= Miscellaneous. Wherever used, e singular number shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders. Headings used herein are for the convenience of the reader only and shall not be deemed to modify, limit or otherwise affect the substantive text. Section 18. - Explanation of Sections and Subsections. For purposes of this Agreement all references to any numbered section shall be deemed to include all subsections thereto. By way of example, a reference to Section 2 of this Agreement shall be deemed to include Subsection 2.1, Subsection 2.2, Subsection 2.3 and Subsection 2.4 inclusive. Likewise, for purposes of this Agreement references to any Subsection of this Agreement shall be deemed to include any lesser - 9 - and included Subsections thereto. By way of example, Subsection 4.1.2 of this Agreement shall be deemed to include Subsection 4.1.2.1 and Subsection 4.1.2.2. This Agreement may be executed in counterparts, each one of which shall be deemed an original. This Agreement may not be modified, except in writing, signed by the parties hereto. IN WITNESS WHEREOF, the parties have executed duplicate originals hereof, this day of August, 1988. Witnessed by: The "TOWN" TOWN OF SOUTH WINDSOR By Richard J. Sartor Town Manager The Developer DEVELOPER By YX---Z;.'4h 1 G j, �(f of y sumano 6�, sy MUJIV00-40 EXHIBIT A All those certain pieces or parcels of land situated in the Town of South Windsor, County of Hartford and State of Connecticut, being located on the easterly and westerly sides of Sullivan Avenue and being shown as the Priest Property on a'certain map entitled, "ZONE CHANGE MAP FROM RR TO RO & MF-AA PRIEST PROPERTY SULLIVAN AVENUE SOUTH WINDSOR CONNECTICUT FUSS & O'NEILL CONSULTING ENGINEERS - MANCHESTER, CONNECTICUT SCALE 1 IN. 200 FT. DATE 10-8-87 REVISION DATE: 4-8-88 5-23-88 5-27-88 6-14-88 8-16-88 PROJECT 87-350 SHEET NO. 1 OF 6", the zone change applications for which are presently pending before the South Windsor Planning and Zoning Commission. EXHIBIT B IALJ Three certain pieces or parcels of land4situated in the Town of South Windsor, County of Hartford and State of Connecticut, being located on the westerly side of Sullivan Avenue and being shown on a certain map entitled, "ZONE CHANGE MAP FROM RR TO RO & MF-AA PRIEST PROPERTY SULLIVAN AVENUE SOUTH WINDSOR CONNECTICUT FUSS & O'NEILL CONSULTING ENGINEERS MANCHESTER, CONNECTICUT SCALE 1 IN. 200 FT. DATE 10-8-87 REVISION DATE: 4-8-88 5-23-88 5-27-88 6-14-88 8-16-88 PROJECT 87-350 SHEET NO. 1 OF 6", the zone change applications for which are presently pending before the South Windsor Planning and Zoning Commission; said premises being more particularly bounded and described as follows: FIRST PIECE: That piece of land designated as "Potential Town Land" on the above referenced map and being shown and located at the northwesterly corner of the parcel labeled "108 Units Total", said piece containing six acres more or less. SECOND PIECE: That piece of land designated as "Potential Town Land" on the above referenced map and being shown and located next adjacent to and southerly of the southerly line of the "CL&P Easement", as shown on said map, and westerly of the westerly line of Sullivan Avenue, said piece containing thirty-three acres more or less. THIRD PIECE: That piece of land located within the "CL&P Easement" and shown on said map, being bounded as follows: NORTHERLY By the northerly line of the "CL&P Easement" as shown on said map; EASTERLY By the westerly line of Sullivan Avenue; SOUTHERLY By the southerly line of the "C1&P Easement" and the northerly line of land designated "Potential Town Land" described in the Second Piece herein, all as shown on said map; and WESTERLY' By land of others, also being along the westerly bound of land of Norman Priest as shown on said map. Said Third Piece containing eleven acres more or less. -v i 01 1 1,.i. s-0 r-.-j AGREEMEN1 i"Y1cSA e_ , This Agreement (The "Agreement") entered into on the date hereinafter set forth by and between the TOWN Or SOUTH WINDSOR, a municipal corporation organized under the laws of the State of Connecticut and located in the County of Hartford, State of Connecticut (the "Town") acting by and through its Town Manager, Richard J. Sartor, having been duly authorized to do so, and JEFFREY MUSUMANO of the Town of Avon, County of Hartford and State of Connecticut, mailing address c/o P.O. Box 667, 1610 Ellington Road, South Windsor, Connecticut 06074 (the "Developer"). RECITALS _ WHEREAS, Developer hits entered into a contract to purchase, or has an option to purchase, two (2) parcels of land located on the east and west sides of Sullivan Avenue, which parcels are more fully described in Exhibit A attached hereto; WHEREAS, the Developer has submitted an application to the Town Planning & Zoning Commission of the Town of South Windsor (The "Zoning Commission") pursuant to Section 11.2.3 of the Town of South Windsor Zoning Regulations (the "Regulations") to designate the Premises as RO or RC and MF Zones and to provide the General Plan of Development for the MF Zone; WHEREAS, the Developer's application for RO or PC Zone change and General Plan of Development for the MF Zone change submitted to the Zoning Commission proposes the construction of an office project and a condominium development to be located on the Premises; WHEREAS, The Zoning Commission, in the independent exercise of its authority granted under the Connecticut General Statutes and the Regulations may determine that the Premises will be designated as an RO or RC and an MF Zone and that the Developer's General Plan of Development for the MF Zone will be approved only if certain conditions arc met including, but not limited to, the conveying to the Town of a certain portion of the Premises for public use more specifically described in Exhibit B attached hereto (the "Public Use Land"), and the completion (or reasonable probability of completion) of certain public improvements in the nature of new, widened, or reconstructed public roads, which public improvements (the "Road Improvements") may not be located on or adjacent to the Premises, nor even provide direct access or sarviCC to the Premises; WHEREAS, the Dcvcloper has agreed in return for the consideration provided by the Town to the Developer hereunder, to provide for such Road Improvements as more fully and precisely described below pursuant to the terms and provisions of this Agreement if the Zoning Commission approves the Developer's application for a zone change to RO or RC, and a zone change and General flan of Development to MF for the Premises; and WHEREAS, the Town believes that it is necessary for the health, safety, and welfare of the residents of the Town of South Windsor to Plan for such improvements in the event the Zoning Commission approves the application of the Developer and, accordingly is willing to agree to use its best efforts to provide the necessary right-of-way and slope rights over certain land not under the control of the Developer to allow such improvements to be done by Developer pursuant to the terms of this Agrecment;and WHERIEAS, the Developer believes it is necessary for the preservation of the environment ,to set aside the Public Use Land for public purposes rather than private development; NOW THEREFORE, in consideration of their mutually beneficial covenants, agreements, and obligations set forth herein, and in consideration of the monetary and other considerations to be provided her and r to the Town by the Developer. th Town and the Developer her by mutually agree and covenant as follows: Section 1. - Nature and Phases of Agreement. The Developer and the Town both acknowledge that it will be necessary to divide the various performances and obligations of the parties under the Agreement into four phases. Those phases are, the Zone Change Phase which will be addressed in Section 2, the Site Plan Application Phase (which shall be deemed to include the obtaining of all Town agency approvals including, but not limited to Wetlands approvals as may be required by the Town) which will be addressed in Section 3, the Site Plan Approval Phase which will be addressed in Section 4, and the Completion of Road Improvements Phase which will be addressed in Section S. Section 3. - Zone Change Phase. The Developer presently hts pending before_ the Town Zoning Commission applications for zone changes from RR to RO or RC zone and from RR to MF zone with approval of General Plan of Development. The Developer agrees to pursue said zone changes in good faith and with all appropriate diligence, zeal and in accordance with the provisions of this Agreement. Subsection 2.1 - Concurrent Applications. The Developer further agrees that Developer's application for a RO or RC zone change and the Developer's application for a MF zone change and approval of the General Plan of Development shall be pursued concurrently with the Zoning Commission. To this end, the Developer shall request from the Zoning Commission that the hearings for said zone changes and General Plan of Development be held either concurrently or immediately consecutively of one another. Furthermore, the Developer shall request that the Zoning Commission in its deliberations on said zone change and General Plan of Development applications either approve both the applications or deny both applications through whatever procedure said Zoning Commission deems advisable. In the event that the Zoning Commission refuses to grant the requests contained in this Section then the Developer shall withdraw both said applications from the Zoning Commission. Subsection 2.2 - Exclusive authority to Zoning Commission. The Town and the Developer expressly acknowledge and agree that the Zoning Commission possesses the sole and exclusive authority under the Connecticut General Statutes and the Regulations to deliberate and decide upon the Developer's application to the Zoning Commission for designation of the premises as a RO or RC and a MF Zone and General Plan of Development. The Town and the Developer further acknowledge and agree that the purpose of this Agreement is not to express any opinion on the part of the Town as to the desirability or undesirability of the Developer's application to the zoning Commission, and not to influence the Zoning Commission in favor of granting the Developer's application, but merely to provide for an allocation of duties in the best inter st of the health, safety, and welfare of the residents of the Town of South Windsor if the Developer's application to the Zoning Commission is approved. Accordingly, the Town and the Developer expressly agree that if the Zoning Commission denies the Developer's application for a none change which is currently before the Zoning Commission this Agreement shall be voidable by q either party by written notice to the other. -- Subsection 1.3 - Approval of Zone Changes. Once the Developer has received an approval of either zone change application or both said applications, and upon the running of all appeal periods with no appeal having been taken from said approval or approvals, or upon the resolution of any appeal from any such approval in favor of the Developer with no further appeal being available therefrom or all appeal periods which may have been available therefrom having run (hereinafter "Absolute Approval"), then the Developer shall immediately convey to the Town by Warranty Deed all the Public Use sand. Said Deed shall be held in escrow by the Town Attorney until the sooner occurrence of the receipt of site plan approval or denial by the - 2 - Uc.0 c.JI J 1 Zoning Commission under Section 4 hereof, Developer's withdrawal of its application for site plan approval under Section 3 hereof, or Developer's breach of any material term of this Agreement. Upon such occurrence of any one of these contingencies the Town Attorney shall be authorized to release the Warranty Deed referred to in this Section to the Town for recordation without the need of further authorization or documentation. During the time that the Deed to the Public Use Land is being held in escrow the Developer shall be entitled to use the area contained therein for purposes of supporting Developer's site plan application referred to in Section 3 hereof to the extent allowed by the regulations. Subsection 2.4 - ,Release of Developer. The Town agrees that the Developer shall be released from its obligations which have otherwise matured and become effective hereunder if: (1) (i) the Developer withdraws its application for both zone changes to RO or RC and MF and General Plan of Development; and (H) such withdrawal is accepted by the Zoning Commission so that all rights granted by any such approvals become null and void, and of no further legal effect; and (iii) counsel of the Town certifies to the Town that conditions (1) and (ii) above have been satisfied; or (2) in the alternative, if counsel for the Town certifies to the Town that: (i) both approvals of the Developer's current application for zone changes for the Premises have been reversed on appeal by a court or competent jurisdiction from which court no further appeal is available and such approval is thereby null and void, and of no further effect, or if a further appeal is available, that all periods for taking such appeal have expired and the right to such appeal no longer exits; or that (ii) for some other Treason such Approval is null and void and of no further effect. Section J. - Site Plan Approval Application Phase. Once Developer has received Absolute Approval of Developer's applications or either application covered in Section 2 hereof, then Developer shall proceed with all reasonable diligence for application for site plan approval for the site plan or site plans on the portions of the Premises for the applications which were approved by the Zoning Commission as required in Section 2 hereof. Developer shall pursue said site plan approval with all appropriate diligence, zeal and in accordance with the Regulations and subject to the terms of the Agreement. Subsection 3.1 - Towns Obligations. The Town's duties under this Agreement shall include using its best efforts to secure all necessary rights of way, drainage, slope and other rights as are needed to enable Developer to construct the ?toad Improvements described in Section 4 hereof and as may be required by the Zoning Commission, The Town shall perform its duties with respect to Road Improvements in a manner consistent with such time schedule as may be imposed by the Zoning Commission, subject to such time delays as may result from the judicial process. Subsection 3.2 - Stipulations in Application for Site Plan Approval. The Developer shall request in its application for site plan approval on any portion of the premises in question for Which it zone change has been approved, that as part of the stipulations in any approval of any such site plan granted by the Zoning Commission that no building permits would be issued to the Developer until the provisi as of Section 4.1 of this Agreement have been met by the Developer. Further, the Developer shall request that the Zoning Commission make a further condition of the approval that no certificates of occupancy shall be issued until the Developer has complied with the provisions of Section 4.2 of this Agreement. Subseclion 3.3 - Release of Developer. The Town agrees that the Developer shall be released from its obligations which have otherwise matured and become effective under this Section if; (1) (i) the Developer withdraws all its applications for site plan approval; and (ii) such withdrawal is accepted by the Zoning Commission so that all rights granted by any such approvals become null and void, and of no further legal effect; and (iii) the Developer has abandoned all rights or all Developer's rights to the Premises have expired as opposed to being - 3 - conveyed to another; and (iv) counsel of the Town certifies to the Town that conditions (i), (ii) and (iii) above have been satisfied; or (2) in the alternative, if counsel for the Town certifies to the Town that: (i) a.11 approvals of the Developer's applications for site plan approval for the Promises have been reversed on appeal by a court or competent jurisdiction from which court not further appeal is available and such approval is thereby null and void, and of no further effect, or if a further appeal is available, that all periods for taking such appeal have expired and the right to such appeal no longer exists; or that (ii) for some other reason such approvals are null and void and of no further cf feet; or (iii) if the Zoning Commission shall deny all of Developer's site plan applications for the Premises with Developer taking no appeal; or (iv) if the Zoning Commission (or the Inland Wetlands Commission of the Town or any other Town agency) approves Developer's application but attaches such conditions or makes such modifications which, in Developer's sole but good faith determination (which shall be subject to review by the Town for informational purposes), renders the project economically unfeasible and providing Developer allows said site plan approval to lapse so that it is no longer valid. Secti0H 4. - Site Plan Approval Phase. Once the Developer has received an approval of all such site plan applications and upon the running of all appeal periods with no appeal having been taken from said approval or approvals, or upon the resolution of any appeal from any such approval in favor of the Developer with no further appeal being available therefrom or all appeal periods which may have been available therefrom having run (hereinafter "Absolute Approval"), then be subject to the requirements of Subsection 4.1 hereof. Subsection 4.1 - Timetable jor Bonding and Construction. Upon Absolute Approval of all such site plan applications the Dcvcloper shall be obligated to perform the terms of Subsection 4.1.1 and 4.1.2 hereof. SmbaeCtion 4.1.1 - It is anticipated that the Developer shall obtain Absolute Approval of the site plan on or before August 1, 1989. If this is in fact the case, the Developer agrees and he shall be bound by the timetable set forth on Exhibit C attached hereto and made a part hereof. if Absolute Approval is not obtained on or before August 1, 1989, and providing Developer has pursued such approval on a continuous. diligent and good faith basis, and further providing the Developer and the Town are unable to reach a mutually acceptable alternative timetable, then it is hereby agreed the Developer shall be bound by the timetable set forth on Exhibit D attached hcrcto and made a part hereof; otherwise in all other situations the Developer shall be obligated to perform pursuant to said timetable on said Exhibit C. Subsection: 4.1.2 - The Developer shall post a satisfactory performance bond in favor of the Town by the time specified in 4.1.1 hereof in such amount and with such provisions, if any, In addition to Subsection 4.3.2 hereof as is established by Developer's Engineer to the satisfaction of the Town's Engineer or the Town's designee to that position, based upon the customary reasonable determination of the cost of said road Improvements relevant to the cost in the market place at the time said determination is made and the customary and appropriate provisions for such bonding. Said bonding shall, in addition to any other provisions which may be proscribed by the Developer's engineer, the Town's engineer and the provisions of Subsection 4.3.2 hereof, be conditioned upon Developer's compliance with the timetable established pursuant to Subsection 4.1.1 hereof. Thereafter the Developer shall commcnec the construction process of Load Improvements all pursuant to Subsection 4.3 hereof. Subsection 4.2 - Completion of .Road Improvements and Issuance of Certificate of Occupancy. Developer hereby specifically agrees that no building permits for the premises for which Absolute Approval of a site plan has been obtained, shall be applied for or accepted by Developer, until the bonding required by Developer hereunder has been put into place. Developer hereby specifically agrees that no certificate of occupancy will be issued for any such • 4 - structure nor will Developer request any certificate of occupancy for any structure constructed upon any portion of the Premises covered by any site plan approval until all provisions of said Subsection 4.1 have in fact been complied with and the Road Improvements have been completed as provided in Subsection 4.3; provided however that if Developer has pursued the Road Improvements on a continuous, diligent and good faith basis as shall be reasonably determined by the Town and said Road Improvements are not completed or the completion thereof has been stopped or hindered through no fault of the Developer, then Developer shall be entitled to obtain certificates of occupancy during any such period of time where the factors set forth in this sentence shall continue to exist. .Subsection 4.3 - Construction of Road Improvements. The Developer hereby agrees at its expense to construct the Road improvements, including the roadway providing for a thirty (30) foot paved portion and drainage and/or utilities, excluding sewer, water and gas which will be located to accommodate a forty (40) foot paved road in the future, as required by this Section, and subject to the requirements of the State Department of Transportation and Town Staff, and in accordance with Connecticut Department of Transportation Standards. Subsection 4.3.1 - The Developer covenants that construction of the road improvements will commence and be executed in accordance with the timetable determined pursuant to Subsection 4.1.1 hereof. The Developer agrees to construct said Road Improvements over the route specified by the Town and/or its engineering consultants and the State Department of Transportation, it is anticipated that said route will run generally from Ellington to Sullivan Avenue along a way of approximately 2000 feet, which road is expected to touch the general north rly line of the parcel on which the South Windsor Town Hall is presently located and b ing shown (subject to revision as required by the Town and the State Department of Transportation) on Exhibit E attached hereto and made a part hereof. The Developer agrees that the Road improvements including, but in no way limited to, the appurtenant drainage and other accessory structures reasonably necessary to support said roadway will be constructed in accordance with the current applicable specifications of the Town of South Windsor, and all applicable laws, regulations and ordinances, and to Connecticut Department of Transportation Standards. Subsection 4.3.2 - The Bonding for the Roadway Improvements Shall be Accomplished as Follows: (a) As security for the performance of its obligations hereunder, the Developer intends to provide to the Town an irrevocable Letter of Credit issued t the Town as beneficiary by Developer in the amount as determined pursuant to Subsection 4.1.2 hereof and in a form satisfactory to the Town (the "Letter of Credit"). However, if Developer posts a cash bond the Town agrees that said funds shall be placed in a money market account and the interest earned thereon shall accrue to and be paid to Developer upon release of said bond provided Developer has not materially breached his obligations thereunder. (b) Notwithstanding any provision in this Agreement to the contrary, the 'own shall be entitled to draw the unpaid balance of the Letter of Credit (i) if any partial or full payment due under Subsection 4.3 hereof is not paid when due; or (ii) if the Developer is in default of its other obligations under this Agreement any time within the thirty (30) day period immediately prior to the expiration date of the Letter of Credit upon the written request of the South Windsor Town Manager (or other official authorized by the South Windsor Town Council), no other certificate or approval to be necessary, unless on or before the last business day preceding such thirty (30) day period immediately prior to such expiration - S - date, the Developer: 0) provides for renewal of such Letter of Credit upon the same terms; or (ii) delivers to the Town a replacement of such Letter of Credit by another letter of credit in an amount equal to the then unpaid amount of the Contribution thew due hereunder (but not in an amount exceeding the original amount for the bond established hereunder, containing the same terms as does the Letter of Credit, and either issued by the same bank that issued the Letter of . Credit or such other bank as may be satisfactory to the Town in its sole and absolute discretion; or (iii) delivers such other security as shall be satisfactory to the Town in its sole and absolute discretion. The parties agree that any funds drawn against the Letter of Credit pursuant to this paragraph may be held by the Town, at its option, as security for performance by the Developer of its obligations hereunder, and shall be applied pursuant to paragraph 3 hereof. The Town may commingle such funds so drawn with other Town funds and invest such funds in such manner as the Town sees fit, and shall be entitled to all interest or income, if any,, earned thereon. (c) The parties agree that the purpose of the Letter of Credit referenced in (a) and (b) above is to reasonably provide for the completion of the road construction by the Town in the event Developer is in default of its obligations under this Agreement. As Developer performs its obligations under this Agreement, the Town shall within ten (10) business days of receipt of a written request by Developer for a reduction in the amount of the Letter of Credit respond to said request in writing. Such response shall either (a) approve the reduction requested by Developer; (b) or reject in whole or part Developer's request; provided however, the Town shall specify the reason(s) why such request was modified or denied. Developer agrees not to submit such requests more frequently than once every 60 days unless a request is denied or modified by the 'Town in which case Developer may resubmit a request when the work itemized in the Town's reply is completed. All such reductions shall be subject to the applicable terms of Subsection 4.3.3 hereof. Subsection 4.J.J - The Town shall be the entity to make the final determination of completion of the Road Improvements to be constructed by the Developer under this Agreement. Said d termination of completion shall be in accordance with accepted Connecticut Department of Transportation Standards for the acceptance of Completion of similarly designed and constructed Road Improvements. Prior to completion of said Road Improvements however, the Developer shall be entitled to petition the Town for reductions in the amount of the bond being held by the Town pursuant to Subsection 4.3.2 hereof based on the satisfactory completion of portions of the road improvements to that particular point in time that Developer would be seeking such a reduction, specifically providing that in no event will the Town be required to reduce the bond below an amount equivalent to 125% of the amount of the cost of the dutStanding-work rinctuding overhead and profit) to be done on said road improvements as determined in good faith and according to customary and acceptable industry standards by the Town. Section S. - Representations and Warranties. Developer represents and warrants to the town the following: This Agreement has been duly executed and delivered by the Developer and constitutes the legal, valid and binding obligation of the Developer enforceable against Developer in accordance with its respective terms. - 6 - 11 1 1 J� 1 U .�i 4.i•�.� ...� _._. �. LJ Section 6. - Specific Per form4nee. (a) The Developer acknowledges and agrees that the Town would be materially damaged by the failure of the Developer to perform its obligations under this Agreement, for which damage no adequate remedy at law exists. Accordingly, the Developer expressly agrees and consents that the Town shall be entitled to the remedy of specific performance and such other equitable remedies as may be available in the event the Developer fails to perform its obligations hereunder. (b) Each party shall be liable to the other for reasonable costs and expenses, including without limitation reasonable attorneys' fees, Incurred by either party in attempting to enforce this Agreement in the event the other party is in default of its obligations to the other. Section 7. - Indemnification. Each party hereby agrees to indemnify and hold the other harmless from any claims, suits, actions, losses, damages, costs and expenses including without limitation reasonable attorneys' fees arising from or with respect to the failure of either party to perform its obligations under this Agreement. .Section 8. - Joint and Several Liability. The obligations of the Developer hereunder shall be the joint and several obligations of the partners thereof. Section 9. - No Assignment. The Developer may not assign its rights or delegate its duties hereunder without the prior express written consent of the Town (which will not be unreasonably withheld based upon the financial condition of the proposed assignee and ability to perform the terms of this agreement by the proposed assignee) and any attempt to do so in contravention of this paragraph shall be voidable at the sole discretion of the Town; provided that the Developer may, without the Town's prior written consent, assign its rights hereunder to an entity succeeding to Developer's interest in the premises so long as (i) such entity is owned or controlled by Developer; and 01) such successor assumes and agrees in writing to be bound by the terms and conditions of this Agreement. Notwithstanding the foregoing, Developer may conditionally assign its rights hereunder if required by the bank or financial institution providing Developer with construction mortgage financing if such conditional assignment is required as a condition of such loan. Section 10. - Connecticut Law Governs. Connecticut law shall govern the Interpretation and enforcement of this Agreement. Section 11. - Covenants of Developer to Run with Land. ALL AGREEMENTS, PROMISES OR COVENANTS OF THE DEVELOPER HEREUNDER, HOWEVER DENOMINATED, SHALL BE DEEMED TO BE COVENANTS OF THE DEVELOPER. THE DEVELOPER. (AND THE PARTNERS THEREOF IN THEIR INDIVIDUAL CAPACITY) EXPRESSLY COVENANT AND AGREE THAT THE COVENANTS OF THE DEVELOPER HEREIN SHALL MATERIALLY BENEFIT THE PREMISES AND SHALL RUN WITH THE PREMISES (OR PORTION THEREOF) AT SUCH TIME AS IT (OR THEY) ACQUIRE AN OWNERSHIP INTEREST IN THE PREMISES (OR A PORTION THEREOF), WHICH COVENANTS SHALL BIND THEIR SUCCESSORS AND ASSIGNS AND ANY OTHER PARTY CLAIMING TITLE TO STICH PREMISES TO OR THROUGH THE DEVELOPER OR THE PARTNERS THEREOF. Section 12. - Severability. In the event any provision in this Agreement, or portion thereof, is determined to be invalid, or unenforceable, by a court of competent jurisdiction, it is the express intent and agreement of the Town and the Developer that such invalid or unenforceable provision or part thereof be deemed severed from and shall not effect the validity or unenforeeability of the remainder of this Agreement. Section 13. - binding Effect. The covenants and stipulations of this Agreement shall apply to and bind the heirs, executors, administrators, successors and permitted assigns of the respective parties hereto. - 7 - • Section 1 4. - Entire Agreement. It is understood and agreed that this Agreement constitutes the entire Agreement between the parties hereto and that no oral statements or promises or any understanding not embodied in writing shall be valid or binding upon the parties hereto. Section 15, - Notices. All notices required or permitted hereunder shall be sent to th party receiving notice at the address indicated below, and shall be hand delivered or sent by either first class certified mail (postage prepaid, return receipt requested) or by responsible courier service: If to the Town If to the Developer Richard J. Sartor Town Manager Town of South Windsor ' Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Any notice provided by mail or courier service shall be deemed to have been provided when mailed or entrusted to a responsible courier service, as the case may be, pursuant to the provisions of this paragraph, Any party entitled to receive notice hereunder may change the Address to which notice to that party shall be sent by notifying the other parties, In writing, of such change in address, pursuant to the provisions of this paragraph. Section 16. - Miscellaneous. Wherever used, the singular number shall include the plural, the plural the singular and the use of any gander shall be applicable to all genders. Headings used herein are for the convenience of the reader only and shall not be deemed to modify, limit or otherwise affect the substantive text. Section 17. - Explanation of Sections and Subsections. For purposes of this Agreement all references to any numbered section shall be deemed to include all subsections thereto. By way of example, a reference to Section 2 of this Agreement shall be deemed to include Subsection 2.1, Subsection 2.2, Subsection 2.3 and Subsection 2.4 inclusive. Likewise, for purposes of this Agreement references to any Subsection of this Agreement shall be deemed to Include any lesser and included Subsections thereto. By way of example, Subsection 4.1 of this Agreement shall be deemed to include Subsection 4.1.1 and Subsection 4.1.2. This Agreement may be executed in counterparts, each one of which shall be deemed an original, This Agreement may not be modified, except in writing, signed by the parties hereto. IN WITNESS WHEREOF, the parties have executed duplicate originals hereof, this day of October, 1988, Witnessed by: The "TOWN" TOWN OF SOUTH WINDSOR By Richard J. Sartor Town Manager The Developer DEVELOPER $Y JCf y m _ g . ASSENT OF NORMAN PRIEST TO CERTAIN TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE TOWN OF SOUTH WINDSOR AND JEFFREY MUSUMANO I, Norman Priest, of the Town of South Windsor, County of Hartford and State of Connecticut, in consideration of One Dollar ($1.00) and other valuable consideration received to my full satisfaction of the Town of South Windsor (the "Town"), with reference to that certain agreement above referenced a copy of which is attached to this Assent, for the development of certain of my property more specifically described in Exhibit A to said Agreement (hereinafter referred to as the "Agrecment"), do hereby agree with said Town to assent to certain of the provisions of the Agreement as follows: I. With reference to Subsection 2.3 of the Agreement I do for myself and my heirs, administrators, executors and assigns assent to the provisions of that Agreement and agree to be bound thereby only to the extent that I will convey title by Warranty Deed to the property referred to as Public Use Land in the Agreement and described in Exhibit B thereto as specified In said Subsection 2.3 upon the occurrence of the contingencies set forth in Subsection 2.3 of the Agreement. I further agree that the obligation in this paragraph may be specifically enforced against me by the Town. 2. Furthermore, I do for myself and my heirs, administrators, executors and assigns assent to the provisions of that Agreement and agree to be bound thereby only to the xt nt that I will allow the requircments of the Developer under the Agreement in Section 3 and Section 4 thereof to run with the Premises described in Exhibit A thereto for the purposes of binding any subsequent Developer. specifically subject to however, the provisions of paragraph 4. hereof which &hall control over this paragraph. 3. I further agree that an original of the Agreement together with the original of this Assent may be filed upon the Land Records of the Town of South Windsor by the Town of South Windsor to run with the land so long as the obligations of Subsection 2.3, Section 3 and Section 4 of the Agreement remain unsatisfied and to secure the performance of same. 4. In the event that the Agreement Is terminated and the Developer is released as provided for under Subsection 2.4 or under Subsection 3.4 of the Agreement then It is my understanding that the Town will promptly execute a release of all obligations under this Assent. 5. Except as specifically set forth herein, I assume absolutely no responsibility under the Agreement. In Witness Whereof, 1, Norman Priest, have hereunto set my hand and seal this llth day of November, 1988. Norman Priest TOWN OF SOUTH WINDSOR By Richard Sartor Town Manager - 9 - KXH All those certain pieces or parcels of land situated in the Town of South Windsor, County of Hartford and State of Connecticut, being located on the easterly and westerly sides of Sullivan Avenue and being shown as the Priest Property on a certain map entitled, "ZONE CHANGE MAP FROM RR TO RO & MF-AA PRIEST PROPERTY SULLIVAN AVENUE SOUTH WINDSOR CONNECTICUT FUSS 8t O'NEILL CONSULTING ENGINEERS MANCHESTER, CONNECTICUT SCALE 1 IN. 200 FT. DATE I0-8-87 REVISION DATE: 4-8-88 5-23-88 5-27-88 6-14-88 8-16-88 PROJECT 87-350 SHEET NO. 1 OF 611, the zone change applications for which are presently pending before the South Windsor Planning and "Zoning Commission. 1XHI8IT a Three certain pieces or parcels of land to the extent allowable by law situated in th Town of South Windsor, County of Hartford and State of Connecticut, being located on the westerly side of Sullivan Avenue and being shown on a certain map entitled, "ZONE CHANGE MAP FROM RR TO RO & MF-AA PRIEST PROPERTY SULLIVAN AVENUE SOUTH WINDSOR CONNECTICUT FUSS & O'NEILL CONSULTING ENGINEERS MANCHESTER, CONNECTICUT SCALE 1 IN. 200 FT. DATE 10-8-87 REVISION DATE: 4-8-88 5.23-88 5-27-88 6-14.88 8-16-88 PROJECT 87-350 SHEET NO. 1 OF 6", the zone change applications for which are presently pending before the South Windsor Planning and Zoning Commission; said premises being more particularly bounded and described as follows: FI._T.tIEFw.F� That piece of land designated as "Potential Town Land" on the above referenced map and being shown and located at the northwesterly corner of the parcel labeled "108 Units Total", said piece containing six acres more or less. SECOND PIECE: That piece of land designated as "potential Town Land" on the above ,referenced map and being shown and located next adjacent to and southerly of the southerly line of the "CL&P Easement", as shown on said map, and westerly of the westerly line of Sullivan Avernus, said piece containing thirty-three acres more or less. THIJ& PIECE: That piece of land located to the extent allowed by law within. the "CL&P Easement" and shown on said map, being bounded as follows: NORTHERLY By the northerly line of the "CL&P Easement" as shown on said map; EASTERLY By the westerly line of Sullivan Avenue; SOUTHERLY By the southerly line of the "Cl&P Easement" and the northerly lane of land designated "Potential Town Land" described in the Second Piece herein, all as shown on said map; and WESTERLY By land of others, also being along the westerly bound of land of Norman Priest as shown on said map. Said Third Piece containing eleven acres more or less. 11 1 1 I V JAHIB_I_ Timetable to Subsection 4.1.1 to Agreement between Town of South Windsor and Jcffr y Musumano dated November 11, 19889 in the event that Developer obtains Absolute Approval on or before August 1, 1989. 1. Developer shall have all bonding pursuant to Section 4.0 of the Agreement in placo by Septeiubcr 1, 1989. 2. Developer shall have completed the commencement of the Road Improvements in acCOrdanee with the Agreements by September 10, 1989. 3. Developer shall have completed the clearing and grubbing of the Road Improvements in accordance with the Agreements by October 15, 1989. 4. Developer shall have completed the boxing of the road and all drainage and utilities of the Road Improvements in accordance with the Agreements by November 30, 1989. S. Developer shall have completed the binder paving course and the final paving of the road, all final grading And landscaping, and substantial completion of the Road Improvements in accordance with the Agreements by March 31, 1990. LdJ014 Timetable to Subsection 4.1.1 to Agreement between Town of South Windsor and Jeffrey Musumano dated November 11, 1988s in the event that Developer obtains Absolute Approval after August 1, 1989. 1. Developer shall have all bonding pursuant to Section 4.0 of the Agreement in place by the 30th day following the date Absolute Approval is obtained. 2. Developer shall have completed the commencement of the Road Improvements in accordance with the Agreements by the 40th day following the date Absolute Approval is obtain d. 3. Developer shall have completed the clearing and grubbing of the Road Improvements in, accordance with the Agreements by the 75th day following the date Absolute Approval is obtained. 4. Developer shall have completed the boxing of the road and all drainage and utilities of the Road Imprrovements in accordance with the Agreements by the 120th day following the date Absolute Approval is obtained. S. Developer shall have completed the binder paving course and the final paving of the road, all final grading and landscaping, and substantial completion of the Road Improvements in accordance with the Agreements by the 180th day following the date Absolute Approval is obtained. LLB L'L �JU LU•,l. U�•..,1 ......1 .Jc..•.t. �...ii ..� , . . ADDENDUM TO AGREEMENT This Addendum made this P1 41 , day of November, 1988 between the 0 underaigned Jeffrey Muoamano (hereinmfter Developer) and the Town of South Windsor (hereinafter Town) amending a certain agreement betty n said parties dated November 11, 1988; for One Dollar and Other Valuable Consideration received to Developer's full satisfaction from the Town; said Agreement hereby is amended as follows: A. When Developer is obligated to complete the road improve'm nts, he shall in conjunction therewith perform the following, which shall be accomplished no later than the date said road improvements are to be completed: 1.. Developer agrees to extend sewer and water lines a utherly from their present location to a point five feet beyond the northerly boundary line of property owned by Sarah B. Hills which property is located on the easterly side of Sullivan Avenue and adjacent to prop rty of Norman P. Priest. 2.' Developer shall convey to the Town d conservation easement to run the entire length of Plum Gulley Brook and to cover the entire brook and a 40 foot strip along either bank thereof to the extent same is Possible on the band that Developer intends to purchase from Norman Priest on the easterly side of Sullivan Avenue*, containing 12.9 acres, more or B. Developer agrees to sign a new agreement incorporating the terms of this Addendum into the Agreement if the Town so deeiree. C. Except as specifically set forth herein, the original, Agree- ment shall remain in full force and effect. re ua a n o, TART.E NO. 1 TRIP GENERATION VOLUMES* MUSUMANO PROPERTY SOUTH WINDSOR, CONNECTICUT A.M. Peak Hour P.M. Peak Hour Use Enter Exit Enter Exit 1. Residential 9 48 45 22 Condominiums (108 units) 2. Office 96 14 18 93 (50,000 S.F. ) 3. Retail 122 53 305 318 (100,000 S.F. ) 4. Office 247 37 44 232 (150,000 S.F. ) * Calculated using methodology described in "Trip Generation" published by the Institute of Transportation, Engineers in 1987. TABLE NO. 3 LEVEL OF SERVICE SUMMARY MUSUMANO PROPERTY SOUTH WINDSOR, CONNECTICUT A.M. PEAR HOUR P.M. PEAK HOUR Combined C mbin d External #1 #2 #3 External #1 #2 # Unsignalized E E E E F F F 1. Buckland Rd. & Deming St. A A A A A A A 2. Clark St. & Deming St. CE --- --- 3. Route 30 & Clark St. -_ g F F F F F D .4. R ute 30 & Pierce Rd. D F --- 5. Sullivan Ave. & E. Site Dr. D D E g 6. Sullivan Ave. & W. Site Dr. --- D Signalized B/.73 C/.91 C 7. Route 30 & Clark St./New Rd. �C/•8S C/•90 C/•88 _ .74 8/.78 B/.79 B/.78 C/.93 C/.93 C/.95 B 8. Sullivan Ave. & Pierce Rd. / B/.66 B/•68 C/.81 C 9. Sullivan Ave. & Sand Hill Rd. C/.74 C/.77 C/.78 C/.77 --- .5 B/.59 B/.60 --- .77. C/.79 10. Sullivan Ave. & New Rd. Y��- �/1.63 --- --- 11. Five Corners - ' .68 C/.70 C/.71 D/.93 D/.99 I "C /12. Four Corners - - ( A 0614BTRF.4 . • 1 1.1�-9"L .,..Tn1J atol"� vR�Z� NN 66-� ' � \ L. I Table 11 1 SIGNALIZED INTERSECTION LEVELS OF SERVICE (LOS) LOS DELAY PE R VEHICLE COMMENTS A 5.0 seconds or less Most vehicles do not stop. B .0 seconds More vehicles stop than in LOS A. 5.1- 15 i I Number of stopping vehicles is sig- C 15.1- 25.0 seconds nificant although same vehicles may pass through without stopping; I � individual cycle failure begin to occur. - 40.0 seconds Congestion becomes noticeable and D 25.1 many vehicles stop; individual cy- cle failures are noticeable. 0.0 seconds Limit of acceptable delay; indivi E 40.1 6 dual cycles frequently fail to ac- commodate demand. Unacceptable delays to most dri- ! g Greater than 60 seconds ; versa often occurs when arrival vol- umes exceed capacity of inter- section. II wa Ca acit Manual Special Report 209, Transportation Research Board, 1985 Source: High y p Table 12 INTERSECTION LEVELS OF SERVICE Overall Levels of Service* Retail/ Retail/ Office/ Intersection Type of Existing Background Residential Service Location Control 1987 1989 1989 1989 Wapping Five Corners Signalized F F F F Chapel/ Ellington Signalized F F F F Pleasant Valley/ Ellington Signalized F F F F Chapel/Clark 4-Way Stop D/E E F F Chapel/ Long Hill 4-Way Stop C C/D E E Pleasant Valley/ Clark 4-Way Stop C/D D/E F F Pleasant Valley/ Long Hill 4-Way Stop B/C B/C C/D C/D Foster 2-Way E E F F Slater Stop D D/E F F Oakland A A F F Smith 1-Way E E F F Buckland Stop A A A A * Assumes no capital improvements for future-year levels of service Z.,V' 70 ��4► �� SAND HILL R i - � N to ♦o SITE QG�v +,♦i o 'l O r* �P V SITE 1 o♦ O-► p-* N , to� It Zg2 �� Ar wow .0 i 1 N �� OAD WILL TERMINATE AT THE _ i CHURCH UNDER PROPOSED 0_ ;�' *-260 SCENARIO. c a dl� 4-345�-634 I 4-47e ♦513 j 29 ♦t► i, 35 2 �a 4- 38 ♦523 T 30 I O el" ss2-y I � y ♦467 ELLNGTN �pT l050-► soy-► IZTM► I�al► Rom T1 i t W o 0 0 eta' o Iowc r z v OF z +�► i2 ♦ss 2,3,i +J N O FIGURE NO.413 LEGEND: � �S&O'N�c"c„' PROPOSED ROAD 1993 R M. EXTERNAL EXISTING ROAD PEAK HOUR TRAFFIC VOLUMES MUSUMANO PROPERTY SOUTH WINDSOR CONNECTICU- roo,, »o 87.350 DAltJUNE 1996 sc.tt NTS y ♦49 48 �iy R� SAND HILL RO o o t i, �.25 SITE 1ao 100,000 S.F. OFFICE �Op Q��v w at so,o moo/ 108 CONDOMINIUM UNITS r do* WOW 50,000 S.F. OFFICE r 0 IF i 'L R ROAD WILL TERMINATE AT THE CHURCH UNDER PROPOSED 50 SO SCENARIO. �- .�♦�► i r► �. 9 T 30 ! 41♦ to w ELLRINGT N 26 ro i 26'► 2s'� + A. N Oq� � Cq �� c �O c� q �ti g z of� t v �ti�ir R `19 OF ocy PO 12 �i y ♦12 y # N N FIGURE NO.99 CONNICTI LEGEND: PROPOSED aoao A.M. SITE GENERATED VOLUMES EXISTING ROAD SCENARIO MUSUMANO PROPERTY SOUTH WINDSOR CONNECTICUT Poo, No 87.350 osi't DUNE 19106 •c.it N.7S T 41 3 Rt► SAND HILL ROA y� Na * �w o70 ♦156 SITE 1A ?�'� i`►* 100,000 S.F. OFFICE SITE 99♦ 591♦`N 00-V 108 CONDOMINIUM UNITS 00-0 � ' 50,000 S.F. OFFICE pk � r r �a0v 004.�,j R �i I! � � � R 3� tiM moo,, �-� OAD WILL TERMINATE A THE CHURCH UNDER FIB ♦ Is SCENARIO. N N �� ♦ `► f ♦ r► 0 25f2'� 9l �a� "� w ELLIROA ON s♦ 9+ 94 i + N N �N n �qOO i 0 F� CD aN ! 2 +i► ` ♦ 2 r w 0 FIGURE NO. 1100�CD Y`•MC tSI Cr ttituT LEGEND: PROPOSED ROAD P.M. SITE GENERATED VOLUMES EXISTING ROAD SCENARIO 0 3 MUSUMANO PROPERTY SOUTH WINDSOR CONNECTICUT rso� Mo 67.350 va,i JUNE 1986 fit at t NIS I dIV \r 1110 11 0 Nt84 *-154 W 70 R P, SAND HILL RO N to 8 SITE e� 0i 4) SITE 0-► m � 29 d''P�� ♦ `wb 4-231 4--937 368 � R ♦31 ♦552 29 41 1 r j*29 30 -•►3 9 Moe y36 4.564 ?ON 1110'►w35'0 rip1249 723-y �$IAa 219 ? 52S EL T5'i �i w 109 t a 1-0 N q ROA of �o u 4-11 �► j22 1� 100-► =a-► 4,rr w4� +coo a FIGURE NO.4A FUSS&O'Iu- OYAMCNEiTEft. C01111ECTICUT 1993. PM. EXTERNAL AK HOUR TRAFFIC VOLUMES • MUSUMANO PROPERTY SOUTH WINDSOR CONNECTICUT rRo� Mo 97-350 DATE•DEC.19137 SCALE WIS. t 0 ♦ o SITE 1Ao * ��oP SITE 0.► �N � o gAA rrr� Ar 000, Opp r i j R tv 4v to `cam, j $ ROAD WILL TERMINATE AT THE �31 / N CHURCH UNDER PROPOSED domp ia�°° t311 s>is aa SCENARIO. o / .0 f- 55 9♦ + AV+yI�T� �-804 1 d! 2ss-► IT9� gN� M . 1 ♦912 �0 �1♦ f T li y ♦s9 ELLINGTON 3gs.�2 50♦ ��a ROAD i 451'► 3�'� � � S.' o4��q �O F c o i 0 R%)f s��FF�tic a m . m 22 5 i r♦ i 21 ♦go Ar 2 lV 41 FIGURE NO. 3 B joFUSS&W`n+�a-� 68,01CM1slam Commaclicul LEGEND: 1993 A.M. EXTERNAL. PROPOSED ROAD PEAK HOUR TRAFFIC VOLUMES EXISTING ROAD MUSUMANO PROPERTY SOUTH INDSOR CONNECTICUT .aoi No 117.350 ovi DUNE 1996 SCALE N.TS o�~I � Iwo- to g � SANG HILL R q �-o SITE 0, 1A a ♦ O SITE o-► $i 08 ti � o rb� w 16 00 295 4-571 f911 N f-323♦858 17 29 ♦942 w T 30 82-,v 9♦ 102 EL ROGT 3s1 n�# 166 o► 47 3TT-+ t 0 o 0 o� m 07, 90 k 41 L R M� 1,0 34 S�F��ZC F� m _tea t d FIGURE N0. 3.A FusS&O•nML MANCHESTER COMMECTiCuT 1993. A.M. EXTERNAL PEAK HOUR TRAFFIC VOLUMES M U SU M AN 0 PROP E RT Y SOUTH WINDSOR CONdECTICUT raw No 87-350 oAT( DEC.1967 stimc N.T.S • ra�x`�.... R �OM1 IMF Legend � 0Intersection ��,f - .-Re-construction 'OOO�Upgrading Road ' .Cul de Sac = _New Road swrrr ------- ------ Plaza a Buckland Hills .Town Capital Projects State/ Federal Pro ose oa m ovements p r "Y1QL:1f Legend' 0 n t e rsection �a R e.cons truction ' a00�Upgrading Road .Cul . de Sac .New Road T Musumano Plaza at ---T� Buckland Hills _ Jo w.n Capital Projects Sta to Fede r a l . Proposed SAND • 4� R "'If4'fi6 l li MT/IK Legend � rr 0 Intersection N16 "a Reconstruction o, Upgrading Road .Cul de Sac r _New Road �r / 9MITN T i r / k, v .Town � Capital Pro ects _State Feder a Proposed b '� `A, 4 10 4064 to `'?��►Rt► SAND HILL R A N ot SITE f SITE �► oi~a 001, a �0000 GIs r INNS �;doill s 40c� ° R OAD WILL TERMINATE AT THE CHURCH UNDER PROPOSED woo �i a SCENARIO. d 0 260♦634 ♦ � 45 00If-478 ♦813 40 i329 ♦y i*35 41 �► t 41 T t823 3 374! v�b 819-► S 9�� a�gO TT ELLI N 105&* 6Ts� - 127H 1�4-► i + � N O CD 9q0 F tea' n �11 O con A ?? +y Ir 22 ♦JJ °y 23' m t: ..ty m� 8 N O FIGURE 413 jJ-0 FVSS&O'NEILL LEGEND: YAMCMIstIM C MMICTicut PROPOSED ROAD 1993 P.M. EXTERNAL EXISTING ROAD PEAK HOUR TRAFFIC VOLUMES MUSUMANO PROPERTY SOUTH WINDSOR CONNECTICU' raw io 87-350 oaveJUNE 19156 scat NTS 49 SAND HILL ROA *y i j4 100,000 S.F. OFFICE SOP st 40 t SITE 60., 4 40 000� 108 CONDOMINIUM UNITS y r 0001.00000 50,000 S.F. OFFICE 000, r %w R� i 3 °a� ROAD WILL TERMINATE AT THE CHURCH UNDER PROPOSED SCENARIO. // 'SO ♦" SO �. ♦ 9 T 30 h♦ (a � y ♦ 9 26 t 1 El.ROAD N 2 6-► ♦ N i 26♦ 28'+ N c let g Z v r �ti�ir R O �FFti� M a ! 12 i�► ♦12 N N FIGURE NO. rrY,.�1 FMSW'NML a rjiMc"Islim CoM"acticu� LEGEND: SITE GENERATED VOLUMES —— PROPOSED ROAD A.M. SCENARIO 0EXISTING ROAD 3 MUSUMANO PROPERTY SOUTH WINDSOR CONNECTICUT rpoj No 87-330 0A`1 DUNE 1966 ♦c"t N.TS 0 R� SAND HILL ROA Vt N♦ PO � — z 70 ♦156 SITE a * 66 O 100,000 S.F. OFFICE SITE 9s♦ 59-R�N �� 001, 108 CONDOMINIUM UNITS woop 50,000 S.F. OFFICE R b r .00,000 oo* r his � it3Z tiw 'oa �� ROAD WILL TPRNATE AT OPOSED THE i CHURCH UNDER /, � � 18 ♦ 18 SCENARIO. NN � `►� ♦ 25 25 9! 11N� ♦ N ELLII N 9♦ At 9♦ 9♦ i ♦ N N m `o x �o •� g Z o of QD n �►+� 2 w 0 FIGURE NO. 10 C FUScoW' C t u T LEGEND: ?J� PROPOSED ROAD P.M. SITE GENERATED VOLUMES EXISTING ROAD SCENARIO 0 3 MUSUMANO PROPERTY SOUTH WINDSOR CONNECTICUT rsoi 010 $7.350 owtJUNE 1989 %tca N.TS 'y9 R►84 4.154 1 l► SAND HILL R0A *-0 SITE 1a CPO Q\�Q. �1► ��O�Q� S I ojr ti 29 231 857 t-360 R 29 4.515 31 ♦552 29 41 1 (� d26*56 310036'1• 41� 1249♦�-y 38wa 41 �► ON 1110-► T6'i ra a Z � ♦216 EL R 1342 1126 t N q c gn lea Z v OF " Bill #-22 4-1 1 I► f-p2 to -# ioo-* ft-+ a FIGURE NO.4A goFUSS&O'NEILL YANCMEfTEA. CONNECTICUT 1993. P.M. EXTERNAL PEAK HOUR TRAFFIC VOLUMES MUSUMANO PROPERTY SOUTH WINDSOR COPNdECTICUT reo+ No 87-350 oATE.DEC.1987 SCALE N. S. N "♦ o 4- o SITE 1ao 0 - PGA �►*� � O�� to a SITE o� �N , oft Ar , %w R�► !e ow x ROAD WILL TERMINATE AT THE io &° CHURCH UNDER PROPOSED ' 41.Ao R-311 4-896 SCENARIO. O / .' f- 55 oo /t o 10 � i *604 i 1T9- AL 99 t912 to 33 3 94: col► 2dd'� 711 g�- 'o to fs 3 ELLI0 N ems-►2 b0 i s 451♦ 3 -� v_ �X O 1po q m Gy�� +1► i 41 4.so Ap N f IGURE NO. 3 6 M Ctotut LEGEND: 1993 A.M. EXTERNAL PROPOSED ROAD PEAK HOUR TRAFFIC VOLUMES EXISTING ROAD MUSUMANO PROPERTY SOUTH INDSOR CONNECTICUT roloi Mo 67-350 01%TtJUNE 1966 N.TS — - ---------- - o��• SANG HILL R A o 41 SITE o♦ $i o� oiD ti �bA �—571 ♦911 4-625 659 29 33 17 ~ 94J 4- 23♦942 T 3 33ro 6-► 41 rw 357 ► Is2 +w�w 102 EL R0 N 3s1 55 w A 479 to -�377"* t 1 a CD 0 c �0 0 X 90 fill �a 41 O '� �► r z� '-�o 34—► 0.► 4, a�a a FIGURE N0. 3.A fAn1 F .12. . O�f1�LL YaMCMI=1EA CoMNlclocut 1993. A.M. EXTERNAL PEAK HOUR TRAFFIC VOLUMES MUSUMANO PROPERTY SOUTH WINDSOR CONdECTICUT reoj 000 87.350 oa*E•OEC.1967 SCAL[ NIS TABLE NO. 3 LEVEL OF SERVICE SUMMARY MUSUMANO PROPERTY SOUTH WINDSOR, CONNECTICUT A.M. PEAR HOUR P.M. PEAR HOUR Corbin d Combined External #1 #2 # External #1 #2 #3 Onsignalized E E E F g F E 1. Buckland Rd. & Deming St. A A A A A A 2. Clark St. & Deming St. A 3. Route 30 & Clark St. F F F F D E F :4. Route 30 a Pierce Rd. D --- F D -" 5. Sullivan Ave. & E. Site Dr. D D E E 6. Sullivan Ave. & W. Site Dr. Signalized _-- B/•73 C/.91 C Clark St./New Rd. --- C/.88 C/.90 C/.88 C •93 C/.95 C 7. Route 30 C/.93 / Ave. Pierce Rd. B/.74 B/.78 B/.79 B/.78 8. Sullivan B/.66 B/.68 C/.81 C � Sand Hill Rd. C/.74 C/.77 C/.78 C/.77 _- .77 C/.79 C 9. Sullivan Ave. _ C/ ___ B/.57 B/.59 B/.60 0. Sullivan Ave. & New Rd. F/1.63 47 1. --' 1. Five Corners F/. D/.93 D/.99 i C/.68 C/.70 C/.71 2. Four Corners 0614BTRF.4 - 1 I.Is-9"L� ...TnNI tol'� �R�� Nlw ♦ . TAPPLE NO. 1 TRIP GENERATION VOLUMES* MUSUMANO PROPERTY SOUTH WINDSOR, CONNECTICUT A.M. Peak Hour P.M. Peak Hour Use Enter Exit Enter Exit 1. Residential 9 48 45 22 Condominiums (108 units) 2. Office 96 14 18 93 (50r000 S.F. ) 3. Retail 122 53 305 318 (1000000 S.F. ) 4. Office 247 37 44 232 (150,000 S.F. ) * Calculated using methodology described in "Trip Generation" published by the Institute of Transportation Engineers (I?77) in 1987. A B C D E F G H I J e P E A S T W I N D O R LUML j( ...P / MA EST LN FOX ' {I T A I I 1 1 ♦ D ' l31'vayq Nqh JORE ACHER 11 VM 9 ' IN°�D I ��'�i.E�� Fl✓ r �1.�.7 j J t ��1�.�-� I a LN � r � IY P� n Y 1 I .. p I I I -- —- ------- ( - Z RLNAR tf L h p 11 i1 NDER R E \ I (j -1 R4CE L J \ \ I ROCKLEDG I I E ` G O ANT T \ r r c O m \ < sl rl t� 0 S i•I,rL. O 2W Q 4yf J'} ¢ 't \ / 1 ` CLIFF UT Op z 4 H 19T NC W ! J/ F NAq H pD fff--- IIQL ��" C-� 1 •- o � r �P \ _ — i MILLS DALE P I � ti RD > Q / A R O JUry,Af f i 1 �l C'C � \� •ta 4 �f Hd4 4� v P YY a OP � 4q Z J tiQ 4 4 O, : G'YW p g 9C 7T pR O ¢ O - O �T' f W ROUTE O D Of Oq Q' N CC/Tf v P z VNK 4 kA /r ROA O 5 PPq h I \ q r l p0 L I/ ® � D r h 6 1 �LLf L1 Q N G N 6 UO / I 1 S O W¢ _ TOWN OF p - SOUTH WINDSOR B NN M ST U I/ E A S T H A R T F o R D "A,.RT'FORED COUNTY, COIVIVECTICUT 1986 7 Boo O6iiiiiiiim I Boo CAL ESOO 2400 3200 7 PROPERTY LINE BASE YAP BY JAYES W SE-LL CO APRIL,11163 PROPERTY LINE BASE YAP REVISED THROUGH 8/9/86 SOUTH WINDSOR PLANNING DEFT L A J A B C 0 E F G H I J