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HomeMy WebLinkAboutRESUBDIVISION 1232 TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION I PLANNING AND ZONING COMMISSION ACTION THIS APPLICATION SHALL BE ACCEPTED BY I APPLICATION # THE PLANNING AND ZONING COMMISSION AT l RECEIVED DATE: THE REGULARLY SCHEDULED MEETING ON THE APPROVAL DATE: FOURTH TUESDAY OF THE MONTH. IT SHALL REJECTED DATE: BE SUBMITTED TO THE PLANNING AND RECEIPT # ZONING COMMISSION OFFICE ONE (1) WEEK PRIOR TO THE FOURTH TUESilAY. APPLICANT: ' A vP• O F /q ADDRESS: 123 PROSPECT HILL ROAD WINDSOR, CT 06095 TELEPHONE # 688-2413 OWNER OF RECORD ON S.W. LAND RECORDS JOSEPH M. BOUFFARD ADDRESS: 1474 MAIN STREET SOUTH WINDSOR CT 06074 COMPLETE DESCRIPTION OF LOCATION OF PROPERTY SEE ATTACHED SHEET ZONE A-40 NAME, ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE DIRECTED: ED LALLY AND ASSOCIATES 123 PROSPECT HILL ROAD WINDSOR, CT 06095 TELEPHONE # 688-2413 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) 1. Zone Change to Zone (public hearing) 2. Filing for Subdivision 3. Filing for Open Space Subdivision (public hearing) X 4. Filing for Resubdivision (public hearing) 5. Special Exception to Article of the Zoning Regulations (public hearing) 6. Site Development Plan 7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (public hearing) 8. Other (explain in detail) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE OWNER OF THE PROPERTY AND SUBMITTED ALONG WITH THREE SETS OF PLANS BEFORE IT WILL BE ACCEPTED BY THE PLANNING AND ZONING C S ION cy C� ICA R (over) PROCEDURES TO BE FOLLOWED WHEN SUBMITTING THE APPLICATION: 1. Applications must be filed in triplicate. The applications shall be typed or neatly printed. 2. Maps and plans, as defined in the applicable regulations, shall be submitted in triplicate with the application forms . 3. An application fee of $25. is required for filing items #1, #5 and V. 4. A subdivision processing fee of $25. per lot ($50. minimum) is required for filing items #2, #3 and #4. 5. A $20. deposit must be submitted with any item requiring a public hearing. This deposit is for a sign to be placed on the property by the applicant advertising the public hearing. The check will be returned to you when the sign is returned to the Town. 6. Application for Zone Change (item #1) shall comply with Section 11.2.3 of the Zoning Regulations. 7. Application for subdivision and resubdivision (items #2 and #4) shall comply with the requirements set forth in the Town of South Windsor Subdivision Regulations. 8. Application for an open space subdivision (item #3) shall comply with Section 5.3 of the Zoning Regulations. 9. Application for a site plan of development (item #5) shall comply with Section 4.11 of the Zoning Regulations. 10. Application for sand and gravel removal shall comply with Section 9.3 of the Zoning Regulations. IN ACCORDANCE WITH STATE STATUTES, THIS APPLICATION WILL BE ACTED UPON BY THE PLANNING AND ZONING COMMISSION, OR A PU.3LIC HEARING DATE WILL BE SET WITHIN 65-DAYS OF THE DATE OF ACCEPTANCE OF THE APPLICATION. 3. 7± ACRES NORTH OF OLD PARISH DRIVE BOUNDED ON THE WEST BY LAND NOW OR FORMERLY LINWOOD F. AND ELIZABETH R. ADDINGTON; ON THE NORTH BY LAND NOW OR FORMERLY ROBERT W. AND BARBARA E. LAVEY AND BY LAND NOW OR FORMERLY MARTIN F. McGRATH, JR. , ELLEN M. KOVAL AND JANE PACKER, PARTLY BY EACH; ON THE EAST BY LAND NOW OR FORMERLY JOSEPH M. BOUFFARD, AND ON THE SOUTH BY LAND NOW OR FORMELRY CHARBONNEAU BY LAND NOW OR FORMERLY JOSEPH M. BOUFFARD (LOT 6 REVISED AND LOT 5 REVISED) AND OLD PARISH DRIVE. � wMat,( MAR If a) 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 K.00 AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY , APRIL 9 , 1987 THURSDAY , APRIL 16 , 1987 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION Notice is hereby given that there will be a public hearing of the Planning & Zoning Commission on Tuesday , April 21 , 1987 at 8: 00 PM in the Council Chambers of the South Windsor Town Hall , 1540 Sullivan Avenue , South Windsor , to consider the following : 1 . Application of Joseph M. Bouffard for a resubdivision to create one lot at the northerly end of Old Parish Drive , as shown on plans prepared by Ed Lally , dated 2/ 11/87 , A-40 Zone . 2 . Application of Dart Hill Realty , Inc . for approval of Section VI , consisting of 19 lots , of Mountain View Estates , an open space subdivision located on the north side of Dart Hill Road , A-30 Zone . 3 , lication of Mi r Realty , Inc . for a subdi- of 24 lots locate on the southerly ' de of Miller oad and the easte side of Abby Road Exte on , to be known as Oxford Est es , AA-30 . Copies of these applications and maps more clearly defining the properties are on file in the Office of the Town Clerk of the Town of South Windsor . At this hearing interested persons may appear and be heard and written recommendations will be received . PLANNING & ZONING COMMISSION Louise C . Evans , Chairman (2Z L- to~N t� a • �v 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 f~�SOR-CO AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, May 30, 1987 LEGAL NOTICE TOWN OF ,SOUTH WINDSOR PLANNING & ZONING COMMISSION At the May 26, 1987 meeting, the Planning & Zoning Commission voted to take the following action: 1. Approved, with modifications, the application of Kenneth Corneau of East Hartford Welding for a Site Plan of Development located on 55 Cornea Way, I Zone. Approved, with modif icat' ns, the application of Joseph Bouffard for a � PP P Resubdivision to cre one new lot at the northerly end of Old Parish Dr. , -en- prepared by Ed Lally, dated 2/11/87, A-40 Zone. 3. Approved, with modifications, the application of Irene Guay for a Zone Change from RR to A-30 on property located on the east side of Lawrence Road bounded on the north by the Ellington/So. Windsor Town line and on the south by the Cliffwood Drive cul-de-sac. 4. Approved, with modifications, the application of Frank and Charlene Smith for a Site Plan of Development located on Lot #1, Commerce Way, John Fitch Industrial Centre, I Zone. 5. Approved, with modifications, the application of J. Kirby Holcombe for a 3 lot Subdivision of land located at 478 - 500 Strong Rd. , RR Zone. 6. Approved, with modifications, the application of C & C Realty for a Site Plan of Development located on 56 Mascola Road, I Zone. Dated at South Windsor, Connecticut this 27th. day of May, 1987. PLANNING & ZONING COMMISSION Louise C. Evans, Chairman David H. Sorenson, Secretary w N SC,( 0 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 OR CO AREA CODE 203/644-2511 June 19 1987 Ed Lally And Associates 123 Prospect Hill Road CERTIFIED MAIL Windsor , CT 06095 RE: App . # 1232 - Joseph Bouffard , Resubdivision Dear Mr . Lally: Please be advised that the Planning & Zoning Commission voted on May 261 1987 , to approve the above application for a Resubdivision to create two new lots at the northerly end of Old Parish Dr . , as shown on plans prepared by you dated 2-11-87 in an A-40 Zone , subject to the following : 1 . Engineering will need a plan/profile to show the road extension and include the sanitary sewers and provisions for outlets for footing drains . 2 . Clay barriers to be installed as per the approval of the original subdivision. 3. Side and rear building lines on all new and revised lots must be shown on map. 4. Remove Match Mark A & B. 5. Show revised Lot 7 in its entirety . 6. Have frontage measurement shown . 7 . Have radius cul-de-sac measurement shown. 8. All Deeds for open space and roadways; and Easements for conservation purposes , drainage or utilities, that may be required in connection with the approval of this subdivision , must be submitted to this Commission prior to filing the mylars and issuance of building permits . All deeds must be in accordance with the policy for accepting deeds and easements and must be approved by the Engineering Department and Town Attorney . The deeds for the roadways and open space will be held in escrow until completion of the subdivision and then referred to the Town Council for acceptance. 9. Concrete sidewalks , built to Town specifications , shall be installed on the west side of Old Parish Dr . and shall terminate at the driveway of Lot 16 . Ed Lally and Associates June 1 , 1987 Page 2 10 . Footing drains will be required for each house . Prior to the building of any structure on a lot , a topographic map , drawn to a scale of 1" = 40' , shall be submitted for each lot in the subdivision , showing proposed contours , elevations and the location of the footing drains . No building permits will be issued until the proposed contours , floor elevations and location of footing drains have been approved by the Town Engineer . 11 . Drainage for this subdivision is subject to the approval of the Town Engineer . 12 . If , for any reason , finished grading and other site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy . 13 . All lots must be connected to the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority . 14 . Water shall be supplied to this subdivision by Connecticut Water Company . 15 . Street lighting shall be installed at intersections and on cul-de-sacs in accordance with the policy established by the Town Manager . 16 . Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor . Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor , at no expense to the Town. 17 . Quantity estimates must be submitted to the Town Engineer for the purpose of determining subdivision bonding , and all bonds shall be posted prior to filing the plans . In the event the Commission votes to accept a Letter of Credit for a one year term, in lieu of a surety bond , said Letter of Credit must be renewed on a yearly basis until completion of the development . If a new Letter of Credit has not been received within 30 days before the expiration date , the Commission may , at its option, call the Letter of Credit it is holding . 18 . A drainage assessment fee in the amount of $100 . 00 shall be submitted to this Commission. 19 . A liability insurance policy shall be submitted to this Commission naming the Town of South Windsor as an insured , with a combined single limit for bodily injury and/or property damage in the amount of $1 , 000, 000. Ed Lally and Associates June 1 , 1987 Page 3 20. No building permits will be issued until all conditions of approval have been complied with , and the final plans have been filed in the Town Clerk ' s Office . 21 . This approval is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission. 22 . Prior to commencement of any site work, a meeting must be held with Town Staff . Black and white transparent mylars of sheet #1 with the above modifications , together with two blueprint copies of the entire set of plans , must be submitted to this Commission to be stamped and signed . The letters of approval of this Commission, as well as the Inland Wetlands Agency/Conservation Commission , must be reproduced on the mylars . After the mylars have been signed by the Commission , they will be returned to you for filing in the Office of the Town Clerk. Yours very truly , PLANNING & ZONING COMMISSION ou ' se C. Evans, Chairman jsg CC: R . Martel , Town Engineer M. Banach, Planning Director E. Belleville , Assessor T. D' Auria, Building Official J . Shemo , Economics Developer IWA/CC cw N aE4 t � y T_0 01 �• O � e � 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 OR-CO AREA CODE 203/644-2511 M E M 0 R A N D U 11 TO: FILE DATE: November 5, 1987 RE: Bouffar and/or Addington Property Old Parrish Drive Mr. Bouffard' s contractor has installed and air tested the sanitary sewer main line to the future two lots north of the existing Old Parish cul-de-sac. The clay water barrier or (original Bouffard Subdivision) water stop was breached and restored during the sanitary sewer installation. The contractor began installing underdrains from the existing catch basins northerly to the new lots. I instructed them to stop construction until the pipe material is approved. (Minimum SDR 35) . Also it should be determined how any drainage shall function and maintain the ground water elevation north of Addington' s clay barrier, before any drainage pipe is installed. Lester A. Braddock Sr. Engineering Inspector LAB/jsv CC: Marcia A. Banach, Director of Planning Michael J. Gantick, Director of Public Works owN s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 e-co�'�w AREA CODE 203/644-2511 November 10, 1987 Mr . 'Joseph M. Bouf f and 1474 Main Street South Windsor , CT 06074 L Dear Mr . Bouffard : Subject : Old Parrish Drive Please be advised that it has come to our attention that there exists a high groundwater table in' the vicinity of the proposed cul-de-sac extension of Old Parrish Drive . By this letter be advised that no further construction of the cul-de-sac is to occur until you have submitted for Town review and approval a plan to address the groundwater problem. I would suggest you contact this office to discuss this matter further . Very truly yours, r Michael J. G ntick Director of Public Works MJG/jsv cc : Marcia A . Banach , Director of Planning A . Bowen Davies, Deputy Town Engineer Lester A. Braddock, Sr . Engr. Inspector Project File (07;> I �. PEASE AND MAIN ATTORNEYS AT LAW MALL WAY P.O.BOX 544 Windsor WILLIAM PEASE SIMSBURY,CONNECTICUT 06070 SUU�� ft PHILIP D. MAIN }ng & ZoningM HONE a November 12, 1987 Planning & Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Attn: Louise Evans, Chairperson Dear Ms. Evans : Re: Old Parish Drive and Ox Bow Lane I am writing this letter on behalf of Joseph M. Bouffard, Incorporated. Mr. Bouffard, President of the corporation, believes that he has now completed all of the Town of South Windsor' s requirements regarding the construction of new roads. Please consider this letter a request for relieving the Corporation of any further bonding in connection with these roads as shown on a map entitled: "Plot Plan Rossi & Charbonneau Main Street South Windsor, Connecticut Date: 12-23-81 Scale: 1" = 40 ' Sheet No. 1 Strauss Engineering Associates, Inc. , Avon, Connecticut Engineers - Landscape Architects - Surveyors", which map was revised on 6-13-83. If, after reviewing the matter your Commission agrees, it would be appreciated if you would let me know in writing. I will then send a copy of the letter to the bonding company. If your Commission feels the Town road requirements have not been totally met, a list of punch items will be acted upon by the Corporation. The proper deeds, etc. have already been delivered to the Town. Very truly yours, William Pease WP:pay Enc. PEASE AND MAIN ATTORNEYS AT LAW to MALL WAY NOV 17 19V P.O.BOX 544 cc WILLIAM PEASE SIMSBURY,CONNECTICUT 06070 AREA C TELEPHO 5 4483 PHILIP D. MAIN November 16, 1987 Mr. A. B. Davis, Deputy Town Engineer Town of South Windsor 1540 Sullivan Drive South Windsor, CT 06074 RE: Subdivision - Property of Joseph M. Bouffard, North of Old Parish Drive Dear Mr. Davis : Mr. Bouffard has asked me to write to you in connection with his proposed extension of Old Parish Drive and the additions of Lots #15 and #16 to the original development which was in the name of Rossi & Carbonneau. Mr . Bouffard tells me that there is some confusion over the clay barrier that was installed during the construction of the original development. In order to extend Old Parish Drive and supply the additional lots with utilities, it will be necessary to cut through this clay barrier. It will also be necessary to cut through the barrier for the purpose of installing footing drains into the existing surface water drainage system. The letter from the Plann-ing Commission states that the clay barriers are to be installed as per the approval of the original subdivision. This is a little confusing as the clay barrier is already there. It will, of course, have to be cut in several places to accommodate the utilities and footing drainage. Replacing the clay, where cuts were made, would seem to be unnecessary. When Messrs. Rossi and Carbonneau originally proposed this development, there were two parties that were very much against it. One party lived across Main Street and was fearful of excess drainage flowing onto her property. After much ado, this matter was resolved by the installation of a retainage pond. The neighbor to the North, Mr. Addington, was fearful that the construction of new homes and the site work involved with this construction and the roadways would lower the water table on his land and, thereby, possibly render a shallow well useless and also possible dry up a pond, which was used by the family for recreational purposes . Mr. Addington' s engineer felt that the way -more- A. B. Davis -2- November 16, 1987 to solve the problem was to prevent the flow of water from Mr. Addington' s land. This could be accomplished, according to his engineer, by installing a clay barrier. Then, whatever drainage was required on the Rossi and Carbonneau land by the Town of South Windsor would in no way affect the water level on Mr. Addington's land. This was agreed to by Messrs. Rossi and Carbonneau and Mr. and Mrs . Addington. They climaxed this agreement into a written contract which is recorded in the Land Records of the Town of South Windsor. The Bouffard Corporation installed a clay barrier along the entire boundary line between the parties. Mr. and Mrs. Addington released Joseph M. Bouffard, Inc . from any further obligations under this contract after the barrier had been installed by virtue of a Quit Claim Deed, which Quit Claim Deed is recorded in the South Windsor Land Records. Mr. and Mrs. Addington later conveyed the rear portion of their land to Mr. and Mrs. Bouffard. This rear land is Lot #15 and #16 in the proposed resubdivision, plus additional land lying easterly of Lot #16. The Planning and Zoning Commission, in granting the approval of the original subdivision, had as one of its requirements the installation of the clay barrier . This was done to give Mr . Addington assurances that it would be carried out so that no further litigation would be necessay on his part. The installation of the clay barrier was not necessary for the benefit of any of the lot owners of the future subdivision. The barrier was for the benefit of Mr. and Mrs . Addington. As they have released the corporation of any further obligations under their agreement, it should no longer be of concern to the Town and Planning Commission . The maintaining of the integrity of the barrier at Lots #15 and #16 would not appear to present an engineering problem to your department. It is hoped this brief history of the real purpose of the barrier will defuse some of the confusion that has arisen in connection, therewith; and that Mr. Bouffard will be able to proceed with the construction of the extension of Old Parish Drive and the installation of footing drains without further ado. Very truly yours, William Pease WP/fh cc: Joseph Bouffard P - E CEIVED PEASE AND MAIN I!I(! 198 ATTORNEYS AT LAW 11�� 1 1�' MALL WAY 60. iWSOR PLANNING DEPL P.0.BOX 544 WILLIAM PEASE SIMSBURY,CONNECTICUT 06070 AREA CODE 203 PHILIP D.MAIN TELEPHONE 658.4483 June 21, 1988 Marsha Banach Planning Director Town of South Windsor 1540 Sullivan Avenue , South Windsor, CT 06074 Re: Old Parish Drive and Ox Bow Lane Dear Ms . Banach: On November 12, 1987 I wrote the chairperson of the Planning and Zoning Commission a letter requesting that the above roads be accepted by the town as public highways. A copy of that letter is enclosed. One of the requirements of the Planning and Zoning Commission was that the developer, Joseph M. Bouffard, Inc. , supply the homes with a public water source. This was done by executing a contract with the Connecticut Water Company for the installation of a water main in the above highways and also the installation of fire hy- drants. The owner has been obliged to pay for fire protection as the town has not taken over these hydrants. It would be apprecia- ted if you would bring this to the attention of the Fire Marshall so that he may assure himself that there is water supplying these hydrants and the town should take them over as a means of protecting its citizenry. As this matter has been dragging on now for some time it would be appreciated if you could keep me informed as to when the town might be taking over the highway and the hydrants . Thank you very much for your cooperation. Very truly yours, William Pease WP:mjb cc: Joseph M. Bouffard PEASE AND MAIN ATTORNEYS AT LAW MALL WAY P.O.BOX 544 WILLIAM PEASE SIMSBURY,CONNECTICUT 06070 AREA CODE 203 RECEIVERLEPHONE PHILIP D.MAIN 65&4483 AUG 22 1988 30. WINDSOR PLANNING DEPT. August 19, 1988 Marsha Banach, Planning Director Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 LIZ' Dear Ms . Banach Re: Joseph M. Bouffard, Incorporated Old Parish Drive and Ox Bow Lane, South Windsor May I have an answer to my letters to you of November 12, 1987 and June 21, 1988. My client, Mr. Bouffard, is anxious to resolve this matter. Very truly your William Pease WP:pay cc: Joseph M. Bouffard RECEIVE- D PEASE AND MAIN a ATTORNEYS AT LAW SEP 8 1988 MALL WAY P.O.BOX 544 30. WINDSOR PLANNING DEITP WILLIAM PEASE SIMSBURY,CONNECTICUT 06070 AREA CODE 203 PHILIP D.MAIN TELEPHONE 868-4483 September 7, 1988 Marsha Banach, Planning Director Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Ms . Banach: Re: Joseph M. Bouffard, Incorporated Old Parish Drive and Ox Bow Lane, South Windsor This is just to remind you that I am anxiously awaiting a reply to my letters concerning the town taking over the highway and hydrants relative to the above captioned. May I have a response soon. Very truly yours, William Pease WP:pay cc: Joseph M. Bouffard • < w" °E4 �- Oles OUA ?d&z� w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 ~�soa-co�'� AREA CODE 203/644-2511 November 1, 1988 Atty. William Pease Pease and Main Mallway P.O. Box 544 Simsbury, CT 06070 Dear Sir: Please be advised that the Planning and Zoning Commission voted on October 25, 1988, to reduce the subdivision bond for Oxbow Subdivision as follows: current amount new amount _ Phase II $130,000 $ 161000** ** This $ 16, 000 is a maintenace level and will expire one year from October 25, 1988. Will you please forward us an amendment reducing the bond we are currently holding. Very truly yours, PLANNING AND ZONING COMMISSION Raymond F. Hallowell, Jr. Chairman ml cc: Michael Gantick, Director of Public Works Marcia Banach, Director of Planning r y Y T10-aw oe S_au� ?d&U&ot 0 o �c� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•Co�'� AREA CODE 203/644-2511 December 28, 1988 - Joseph M. Bouffard 1474 Main Street South Windsor, CT 06074 Dear Mr. Bouffard: Please be advised that the Planning and Zoning Commission voted on December 20, 1988 to set the subdivision bond for Oxbow Resubdivision at $ 51, 200 . At the same meeting, they voted to reduce it to an amount of $ 5, 200 . If you have any questions regarding the posting of the bond, please contact the Planning Department at 644-2511 . Very truly yours, PLANNING AND Z NING COMMISSION Raymond F. allowell, Jr. Chairman ml cc: Michael Gantick, Director of Public Works Marcia Banach, Director of Planning U k etv RECEIVED PEASE AND MAIN DEC 17 39U ATTORNEYS AT LAW MALL WAY 30. WINDSOR PLANNING DEPL P.0.BOX 544 WILLIAM PEASE SIMSBURY,CONNECTICUT 06070 AREA CODE 203 PHILIP D.MAIN TELEPHONE 6584483 December 14, 1990 Marsha Banach, Town Planner Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Old Parish Drive, South Windsor Dear Ms , Banach: I am writing this letter on behalf of Joseph M. Bouffard, Incorporated and Joseph M. Bouffard, individually. In November, 1984, Joseph M. Bouffard, Incorporated purchased a subdivision known as "Plot Plan Rossi & Charbonneau Main Street South Windsor, Connecticut date: 12-23-81 Scale: 1" = 40 ' Rev. 6.13.83" which map showed roads to be known as Oxbow Lane and Old Parish Drive . Prior to selling the property to Joseph M . Bouffard, Incorporated, Mr. Rossi and Mr. Charbonneau gave a Quit Claim Deed to the Town of South Windsor dated August 19 , 1983 which deed was recorded on the Land Records on December 8, 1989 and conveyed "Oxbow Lane" and "Old Parish Drive" specifically including that northerly portion of Old Parish Drive known as "Reserved for Future Road" . Old Parish Drive is a dead-end street . The map referred to above showed a "Temporary Cul-de-sec This land to revert to Lot 6 & 7 when this cul-de-sac is removed." The area "Reserved for Future Road" ran in a Northerly direction from the proposed end of Old Parish Drive to land now or formerly of Mr. and Mrs . Addington. In December, 1986, Mr. and Mrs . Joseph M. Bouffard purchased the property at the Northerly end of Old Parish Drive . Thereafter , Mr . and Mrs . Bouffard proposed a resubdivision, which extended Old Parish Drive in a Northerly direction and added Lots 15 and 16 to the development. The map approved by the Town Plan and filed with the Town Clerk is entitled : "Resubdivision Prepared for Joseph M . Bouffard North of Old Parish Drive South Windsor, Connecticut Scale : 1" = 40 ' Date: February 11 , 1987" shows an extension of Old Parish Drive and a new cul-de-sac encroaching upon Lots 5, 6, 15, and 16 . In December, 1990, Joseph M. Bouffard, Incorporated deeded Lots 5 and 6 on the 1983 map to Mr. and Mrs . Bouffard. In order to straighten out the matter of who might own the temporary cul-de-sac and who might own the new permanent cul-de-sac, it would appear to me that it would be necessary for the Town of South Windsor to convey its interest in the temporary cul-de-sac to Mr . and Mrs . Bouffard, owners of Lot 6 and Mr. and Mrs . Robert Myette owners of Lot 7 . Once these deeds have been approved by necessary town authorities and have been executed by the Town, then Mr. and Mrs . Bouffard would execute a deed to the extended cul-de-sac to the Town of South Windsor. If you would be so kind as to take this matter up with the Planning Commission and other town authorities , it would be greatly appreciated. It would seem logical to me that the Town of South Windsor should own all of Old Parish Drive and the individuals should have a clear title to Lots 6 and 7 . If I can be of any further assistance to you, please do not hesitate to call or write to me . Very truly yours, J)P/"1102�- /�� William Pease WP:pay LEGAL SERVICES REQUEST FORM DEPARTMENT: Planning CONTROL# * (Check Mae of Date Date Date of Box Contractual Statutory t ,Regulatory 6/30/97 Other(Please specify) COMMENTS: Old Parrish Drive is a cul-de-sac street that was extended as part of a duly-approved subdivision. The actual cul-de-sac was shown on the approved subdivision plans as reverting to the abutting property when the extension was completed. The extension was completed in accordance with the plans (many years ago),but the former cul-de-sac was not deeded to the abutters as required. (The file shows that a request for legal assistance was submitted in late 1990,not responded to....) Since the deeding of the cul-de-sac wing was a part of the subdivision approval, can we do it simply with a quit-claim deed from the Council?Attached is a legal description of the area to be deeded to Lots 6 and 7 (Schedule A,prepared by Bowen Davies years ago). This lack of conveyance from the Town to the abutting lots recently caused some difficulty for a buyer of Lot 6, so we would like to address this oversight ASAP. We will also bring forward to the Council a resolution for acceptance of the extended portion of the cul-de-sac when the deed is completed. Signaturellt-2u",,- 11,6 -,& *To be filled in by Town Manager's Office RECEIVED PEASE AND MAIN, LLC UUI 141991 ATTORNEYS AT LAW MALL WAY P.0.BOX 544 �lIT1! WMS81 Purrs D19-D WILLIAM PEASE SIMSBURY,CONNECTICUT 06070-0544 i�ilsa+++��rrTELEPHONE:(860)658-4483 PHILIP D.MAIN FAX:(860)658-2841 aY October 13, 1997 Marcia A. Banach, AICP Director of Planning Town of South Windsor 1540 Sullivan Ave. South Windsor, CT 06074 Re : Old Parish Drive/Mr . & Mrs . Joseph Bouffard Dear Ms . Banach: I have not received any response from you to my letters of July 9 and August 12, 1997. If this matter is in the hands of the Town Attorney, is there any way you can speed things up? This has become a rather urgent matter since Mrs . Bouffard is very ill . I look forward to hearing from you soon . Very truly yours , William Pease WP:blp FAMIGLIETTI, THOMPSON C (OPY AND VOLLONO, LLC ATTORNEYS AND COUNSELORS AT LAW November 25, 1997 Pease and Main LLC William Pease Esquire P. O. Box 544 Simsbury, Connecticut 06070-0544 RE: Bouffard to Moores Lot 6 Old Parish Road South Windsor, CT Dear Bill; Please advise as to what progress has been made toward the resolution of the transfers of the property around the cul-de-sac between Moores and the Town of South Windsor. Thank you for your prompt response. idi IT D Very ly yours; NOV 26 1997 South Windsor Punning & Zoning Commission Barry L. Thomp /BLT CC: E. Moores; Town of South Windsor ANTHONY O. FAmciLIETTI / BARRY L. THOmP8ON / MICHAEL V. VOLLONO/ JA90N S. FAmGmETTI 49 BROAD STREET/ P.O. DRAWER 190 / PLAINVILLE, CONNECTICUT 06062-0190 / 860 747-5745 / FAX 860 793-2344 SCHEDULE A In accordance with the stipulation on the filed subdivision plan, indicating, "Temporary cul-de-sac--this land to revert to lot 6 & 7 when this cul-de-sac is removed" . The following is a description of the approximately 3,015 sq. ft. parcel or piece of land to be deeded to lot 6 . A certain piece or parcel of land, situated in South Windsor, Connecticut, located on the southeasterly side of Old Parish Drive and being shown as a portion of the temporary cul-de-sac on lot 6 on a map or plan entitled: PLOT PLAN ROSSI & CHARBONNEAU, MAIN STREET, SOUTH WINDSOR, CONNECTICUT; dated 12-23-81, scale 1" = 4011 , job no. 762, sheet no. 1, Strauss Engineering Associates, Inc. , Avon, Connecticut, Rev. 6-13-83, which map or plan is on file in the Town Clerk's office of South Windsor; and being more particularly bounded and described as follows: Northeasterly and easterly, by other lands of lot 6, along a curved line one hundred forty-one and nineteen one- hundredths feet, 141.19' Southwesterly, by lot 7, fifteen and sixty-three one- hundredths feet, 15.631 , and Northwesterly, by Old Parish Drive, approximately one hundred one and forty one-hundredths feet, 101.411 . And being a portion of the premises conveyed to the town of South Windsor by a quit claim deed from Frank Rossi and Andre Charbonneau Dated May 27, 1986 and recorded in the South Windsor land records volume 574, page 042 . LGf 7 I Volume 435 Page N° 372 I ]j�� Cl*e-.lam Level Blwrk S.rviss,Inc. WARRANTY DEED (Survivorship) Corporation 118sc MX Hartford.Connecticut �p i KNOW YE, THAT It, Joseph M. Bouffard, Incorporated, a Connecticut corporation I with its principal place of business in South Windsor, Connecticut (hereinafter called the Grantor) I I for the consideration of $52,500.00 ! received to its full satisfaction of Robert J. Myette and Joanne M. Myette, I I both of South Windsor, Connecticut (hereinafter called the Grantees) does glvt., 1 grant,bargain,sell and confirm unto the said Grantees f � a as joint tenants, and with WARRANTY COVENANTS. i (Description and E cum ra ces. t an gna a a diltonal rovl.y�n� 9 ;ri A certain piece or parcel o �anc�, a,tua e� in b°3U 4indsor, Connecticut, �. located on the Southeasterly side of Old Parish Drive and being shown as Lot No. 7 , I, �: on a map entitled: "PLOT PLAN ROSSI 6 CHARBONNEAU MAIN STREET SOUTH WINDSOP, i u :. � CONNECTICUT date: 12-23-81 scale: 10a40' drawn by: J.D. checked by: M.S. job no. 762 sheet no 1 STRAUSS ENGINEERING ASSOCIATES, INC. AVON, CONNECTICUT ENGINEERS - N LANDSCAPE ARCHITDCTS - SURVEYORS REV. 6-13-83", which map is on file in the Town e, p Clerk's Office of South Windsor, and being more particularly bounded and described o Y as follows: i I OV G V � e Northeasterly, by Lot No. 6, as shown on the above referenced map or plan, •d two hundred forty-nine (249.00) feet; Southeasterly, by land now or formerly of Morton Shimelman and Joseph B. r,�, Vinick, Trustee, one hundred fifty-five and 01/100ths (155.01) r► feet; Southwesterly, by Lot No. 8, as shown on the above referenced map or plan, two hundred fifty-five (255.00) feet; Northwesterly, by Old Parish Drive, one hundred thirty and 90/100ths (130.90) feett and Northerly, by a portion of the cul-de-sac as shown on the above referenced map or plan, twenty-nine and 66/100ths (29.66) feet. And being a portion of the premises conveyed to Joseph M. Bouffard, I Incorporated by Warrantee Deed from Andre L. Charbonneau and Francis V. Rossi dated November 30, 1984 and recorded in the South Windsor Land Records, Volume 391, page 323. Said premises are conveyed subject to all applicable statutory and municipal ` laws affecting said premises, 20 feet of a 30 foot utility easement, as shown on said map, slope rights appearing of record and taxes on the List of October 1, 1985 which taxes the Grantees herein assume and agree to pay as part consideration for this deed. ) r Signed this 27th day of May 19 86 • I a Signed and livered in esence of: ID JOSE2 mr. ARD, RPORATM `t ..... ........................ Wil Pease M. Bodff� Its President_ m �.' .. , c o Pegg}► - � i `o STATE OF CONNECTICUT, > ss. Simsbury May 27, 19 86 i 0 o COUNTY OF Hartford V G f M •C rPee=aonally Appeared Joseph M. Bouffard, President of Joseph M. Bouffard, tbeedd ,as aforesaid, Signer of the foregoing Instrument, and b0 Y acknowledged the same to be his free act and deed as such a President and the free act and deed of said corporatio b e i Grantees' Mailing Address t 9 / omm�asroner of Superior eoun 2085 John Fitch Blvd. South,.Mir't'sor';,Cr*06074 ....................... William Pease Wp� 4 ,P r ................... MAY 2� t9g6........n+*_!:2!.*/o T u. aat�:►_Z. �� Volume 574 Page N° 042 VATUTM FOl111 OBIT CLUM OM 009,1110 WZ@ FW= ROSSI, of the Town of Bloomfield, County of Hartford and State of Connecticut, and ANDRE CHAR80NNEAU, of the Town of South Minds r, County of Hartford and State of Connecticut for Oonekkwation paid. to THE TOWN OF SOUTH WINDSOR, a municipal c rporation having territorial limits in the County of Hartford an State of Connecticut, with QUIT-CLAIM COVENANTS ObartAn N amwAmbwmL■ow w ail eddWW W M Webmt Those certain pieces or parcels of land shown on a map or plan entitled "PLOT PLAN ROSSIG CHARSONNEAU MAIN STREET SOUTH WINDSOR, CONNECTICUT dates 12-23-81 drawn bys J.D. job no 762 scales 1"-40' checked bys M.S. sheet no 1 REV. 6.13.83 STRAUSS ENGINEERING ASSOCIATES INC. AVON, CONNECTICUT ENGINEER - LANDSCAPE ARCHITECTS - SURVEYORS", being shown on said map and designated as *OXBOW LANE" and "OLD PARISH DRIVE", specifically including that northerly portion of Old Parish Drive shown on said map as "RESERVED FOR FUTURE ROAD". I I CONWIN CETJIXIECENED STMES I No TOM CLEFK OF SOUTH WWOM Signal uft /9.•4t/, day of August x 190 . W&MOSed by: �,Qn avogp .. .. .... ...................»......................... Rossi ......... ..... llill . .................... ' iiasE. Grac� reChscboireau.....-. ............... STATE OF CONNECTICUT, COUNTY OF Hartford es. South Windsor August 19 , 1583 I PenMWIY APP081" Frank Rossi and Andre Charbonneau Sigim(s) Ot the foregoing Instrument,and acknowledged the same to be their ,� irae act and deed,bebn me. 1 � Gam' Mafli�Adldroas ' � ......»»..........»... Milli y...s.�.t—.....G. o 7X am 8. Grace IVED CM a MY R . n • ..., tam ru+osoit a s MEMORANDUM TO: Members of the Town Council FROM: marry D. Guliano, Town Attorney RE: Conveyance of Portions of Old Cul-de-sac DATE: February 11, 1998 The resolution before the Town Council involves the conveyance of a portion of an old temporary cul-de-sac from the Town of South Windsor to she abutting landowners. Although I will not be present at the meeting, as I will be away on vacation, Marcia Banach, the Town Planner, will be present and she is aware of all of the oiroumtstances regarding this matter. Old Parish Delve is a cul-de-sac street that was extended as part of a duly- approved subdivision. The actual cul-de-sac was shown on the approved subdivision plans as reverting to the abutting property owners when the extension was completed. The extension was completed in aocordonee with the plans many years ago, but the former cul-de-sac was never deeded to the abutters as required. The Town Council has already accepted the roads and the new cul-de-sac, but to err on the side of caution, I have requested that the Town Council approve this conveyance of portions of the old cul-de-sac. to thca abutting landowners. I have already reccivod and ern holding in escrow a deed from the pi upui l.y owners to the Town of 1 V`. LA. V V i V.7 V r V V V 7 V V. . V a iaL L V a• a i i V 1..Li V aar L' v v Y South Windsor relating to the new and current cul-de-sac. I am attaching hereto a map which depicts both the old cul-de-sac and the new cul-de-sac for your information. Specifically, I am requesting approval of the Town Council to convey the portion of the old cul-de-sac to the current owners ref ints 6 and 7 as depicted on the map. If you have any questions, Majuia Banach will be present at the meeting and will be able to assist you in that regard. 2 \ / po 10 %*%,Nt 1 fix• ��� a 1 ��'', 16 + aft lone �',.p-v,� , � ` �� �, `� wfid JOS�'�'y�M.you?•�r��' :�''• t CL gj is 40 � � ` � � � ♦ ••, .,rat ram•-+ �"�C ` • • .AP4ts� _stir. JO � •��y,• ¢T•��d! •1!4e ' 'w r• , RESOLUTION authorizing the conveyance of portions of the temporary cul-de-sac n Old Parish Drive to the abutting landownore of lot 6 and lot 7 BE IT RESOLVED that the South 1Afindsor Town Council hereby approves the conveyanue or vie temporary cul-de-sac on Old Parish Drive to the abutting landowners of lot 6 and lot 7 and hereby authorizes the Town Manager to execute deeds on the Town's behalf with respect to such conveyances. � W N st,C 'D C V � Ole ?d&"�at z 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 .y�so t•CON AREA CODE 860/644-2511 February 18, 1998 R EC E I VE D Mr. Matthew B. Galligan, Town Manager Town of South Windsor FEB 19 IM 1540 Sullivan Avenue South Windsor, Ct. 06074 SOUTH WIMDSOR PLANNING DEFT. Dear Mr. Galligan: At its Regular Meeting of February 17, 1998, the South Windsor Town Council approved the following Resolution: BE IT RESOLVED that the South Windsor Town Council hereby approves the conveyance of the temporary cul-de-sac on Old Parish Drive to the abutting landowners of Lot 6 and Lot 7 and hereby authorizes the Town Manager to execute deeds on the Town's behalf with respect to such conveyance. Respectfully submitted, Patricia R. Brown Clerk of the Council Cc: Barry Guliano, Town Attorney Michael Gantick, Dir. Of Public Works Marcia Banach, Dir. Of Planning