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
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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.
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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
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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
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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
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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
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CC: R . Martel , Town Engineer
M. Banach, Planning Director
E. Belleville , Assessor
T. D' Auria, Building Official
J . Shemo , Economics Developer
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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
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CC: Marcia A. Banach, Director of Planning
Michael J. Gantick, Director of Public Works
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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
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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
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cc : Marcia A . Banach , Director of Planning
A . Bowen Davies, Deputy Town Engineer
Lester A. Braddock, Sr . Engr. Inspector
Project File
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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
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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
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cc: Michael Gantick, Director of Public Works
Marcia Banach, Director of Planning
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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
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cc: Michael Gantick, Director of Public Works
Marcia Banach, Director of Planning
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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
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,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
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• .AP4ts�
_stir. JO � •��y,• ¢T•��d! •1!4e ' 'w
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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